CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senators Dyer, Forman, Holzendorf, Jones, Klein, Kurth, and

12  Rossin moved the following amendment:

13

14         Senate Amendment (with title amendment) 

15          Delete everything after the enacting clause

16

17  and insert:

18         Section 1.  Section 229.0535, Florida Statutes, is

19  amended to read:

20         229.0535  Authority to enforce school improvement.--It

21  is the intent of the Legislature that all public schools be

22  held accountable for ensuring that students performing perform

23  at acceptable levels.  A system of school improvement and

24  accountability that assesses student performance by school,

25  identifies schools in which students are not making not

26  providing adequate progress toward state standards, and

27  institutes appropriate measures for enforcing improvement, and

28  provides rewards and sanctions based on performance shall be

29  the responsibility of the State Board of Education.

30         (1)  Pursuant to Art. IX of the State Constitution

31  prescribing the duty of the State Board of Education to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  supervise Florida's public school system and notwithstanding

 2  any other statutory provisions to the contrary, the State

 3  Board of Education shall have the authority to intervene in

 4  the operation of a district school system when in cases where

 5  one or more schools in the a school district have failed to

 6  make adequate progress for 2 3 consecutive school years in a

 7  4-year period. The state board may determine that the school

 8  district or and/or school has not taken steps sufficient for

 9  to ensure that students in the school to be academically in

10  question are well served.

11         (2)  PROBATIONARY STATUS OF LOW PERFORMING

12  SCHOOLS.--After 1 year of a school being designated as

13  performance grade category "F," a school shall be considered

14  to be on probation. Probationary status shall remain in effect

15  for the category "F" school until such time as the school

16  achieves category "C" performance or better as determined

17  pursuant to s. 229.57. A school's probationary status shall

18  not impair the credits earned by students attending the

19  school.

20         (3)  SCHOOL DISTRICT AUTHORITY TO REORGANIZE

21  SCHOOLS.--In instances where one or more schools within a

22  district are on probation, the district school board is

23  authorized to negotiate special provisions of its contract

24  with the appropriate bargaining units in order to free these

25  probationary status schools from contract restrictions that

26  limit the school board's ability to implement programs and

27  strategies needed to improve student performance.

28         (4)  STATE BOARD AUTHORITY TO ENFORCE SCHOOL

29  IMPROVEMENT.--Considering recommendations of the Commissioner

30  of Education, the state board shall is authorized to recommend

31  action to a district school board that is intended to improve

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  ensure improved educational services to students in any school

 2  that remains under continuing probationary status for more

 3  than 1 calendar year the low-performing schools in question.

 4  Based upon the recommendations of the Commissioner of

 5  Education, the state board shall direct the department to

 6  initiate assistance to a district school board intended to

 7  improve the educational services to students in low performing

 8  schools within the district. The state board may appoint an

 9  educational care team as defined in s. 229.5925 to assist the

10  department. Recommendations for actions to be taken in the

11  school district shall be made only after thorough

12  consideration of the unique characteristics of a school, which

13  shall also include student mobility rates and the number and

14  type of exceptional students enrolled in the school. The state

15  board shall adopt by rule steps to follow in this process.

16  Such steps shall provide ensure that school districts have

17  sufficient time to improve student performance in schools and

18  have had the opportunity to present evidence of assistance and

19  interventions that the school board has implemented.

20         (a)  In so doing, the department shall conduct a

21  comprehensive assessment making thorough consideration of the

22  unique characteristics of a school, which shall also include

23  student mobility rates and the number and type of exceptional

24  students enrolled in the school;

25         (b)  Upon finding by the department, as directed by the

26  state board that inadequacies exist, the department shall

27  provide additional assistance and resources to remedy the

28  inadequacies;

29         (c)  The state board shall direct the department to

30  consult with the school district to implement a plan that

31  satisfactorily resolves the education equity problems.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1         (d)  If an educational care team is appointed and

 2  assigned to assist the school, it shall perform its duties

 3  pursuant to s. 229.5925.

 4         (5)(2)  If a school receives a performance grade

 5  category "F" designation while on probation, the state board

 6  is specifically authorized to recommend one or more of the

 7  following actions to school boards to enable ensure that

 8  students in low-performing schools to be academically are well

 9  served by the public school system:

10         (a)  Provide additional resources, change certain

11  practices, and provide additional assistance if the state

12  board determines the causes of inadequate progress to be

13  related to school district policy or practice;

14         (b)  Implement a plan that satisfactorily resolves the

15  education equity problems in the school;

16         (c)  Contract for the educational services of the

17  school, or reorganize the school at the end of the school year

18  under a new principal who is authorized to hire new staff and

19  implement a plan that addresses the causes of inadequate

20  progress; or

21         (d)  Allow parents of students in the school to send

22  their children to another district school of their choice., if

23  appropriate; or

24         (e)  Other action as deemed appropriate to improve the

25  school's performance.

26         (6)  STATE BOARD AUTHORITY TO ENFORCE SCHOOL DISTRICT

27  IMPROVEMENT.--

28         (a)  Considering the recommendations of the Commission

29  on Education Reform and Accountability, the Commissioner of

30  Education, and other interested parties, the state board shall

31  adopt rules that clearly and concisely state the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  responsibilities of school districts to provide an equitable

 2  educational environment and atmosphere to each school and

 3  student under its control. Rules shall specifically state

 4  expectations regarding, but not limited to:

 5         1.  The request for and distribution of textbooks and

 6  other instructional materials such that no student is without

 7  at least one set for all core subjects;

 8         2.  The request and adequate usage of funds for the

 9  repair and maintenance of schools; and

10         3.  Other rules as necessary to ensure that no two

11  schools within a district are so grossly dissimilar in

12  physical resources and environment as to have any one school's

13  students and staff at a disadvantage to another.

14         (b)  If continued low performance of probationary

15  status schools is deemed by the state board to be the result

16  of school district incompetence or dereliction of duties, as

17  shall be defined by state board rule, the board may undertake

18  any of the actions previously stated in this section or either

19  of the following:

20         1.  Restrict the discretionary powers of the school

21  district until such time as the inadequacies are corrected; or

22         2.  Order the removal of either the superintendent of

23  schools or members of the school board or both when it is

24  determined by overwhelming evidence that the school board or

25  superintendent has not taken steps to remedy low performance

26  of schools over a period of time and considering

27  recommendations made by the various educational entities. Any

28  order is subject to all statutes relating to administrative

29  procedures and other tenets of due process as applicable.

30         (c)  If an order by the state board on the removal of

31  school board members or the elected superintendent withstands

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  administrative procedure, a special election shall be held

 2  within 60 days after the removal. Notice of the action shall

 3  be published immediately upon the actual date of removal and

 4  again no more than 7 days before the special election. During

 5  the 60 days before the special election, the local legislative

 6  delegation shall oversee the general operation of schools with

 7  the aid of the deputy superintendent of schools.

 8         (7)(3)  In recommending actions to school boards, the

 9  State Board of Education shall specify the length of time

10  available to implement the recommended action.  The state

11  board may adopt rules to further specify how it may respond in

12  specific circumstances.  No action taken by the state board

13  shall relieve a school from state accountability requirements.

14         (8)(4)  The State Board of Education is authorized to

15  require the Department of Education or Comptroller to withhold

16  any transfer of state funds to the school district if, within

17  the timeframe specified in state board action, the school

18  district has failed to comply with the said action ordered to

19  improve the district's low-performing schools. Withholding the

20  transfer of funds shall occur only after all other recommended

21  actions for school improvement have failed to improve the

22  performance of the school. The State Board of Education may

23  invoke the same penalty to any school board that fails to

24  develop and implement a plan for assistance and intervention

25  for low-performing schools as specified in s. 230.23(16)(c).

26         Section 2.  Section 228.057, Florida Statutes, is

27  amended to read:

28         228.057  Public school parental choice.--

29         (1)  The Legislature declares that it is the policy of

30  this state to allow each student who chooses to attend public

31  schools, or whose parent or guardian chooses to have the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  student attend public schools, to be provided with a public

 2  school controlled open enrollment option to the extent that it

 3  is feasible for the school district to do so.

 4         (2)(1)  As used in this section, the term "controlled

 5  open enrollment" means a public education delivery system that

 6  allows school districts to make student school assignments

 7  using parents' indicated preferential school choice as a

 8  significant factor.

 9         (3)(a)(2)  Beginning with the 2001-2002 1997-1998

10  school year, each district school board shall may offer

11  controlled open enrollment within the public schools. The

12  controlled open enrollment program shall be offered in

13  addition to the existing choice programs such as magnet

14  schools, alternative schools, special programs, advanced

15  placement, and dual enrollment.

16         (b)  A school district that has fewer than 30,000

17  students may, but is not required to, offer controlled open

18  enrollment.

19         (4)(3)  Each district school board shall develop a

20  controlled open enrollment plan which describes the

21  implementation of paragraph (3)(a) subsection (2).

22         (5)(4)  School districts shall adhere to federal

23  desegregation requirements.  No controlled open enrollment

24  plan that conflicts with federal desegregation orders shall be

25  implemented.

26         (6)(5)  Each school district shall develop a system of

27  priorities for its plan that includes consideration of the

28  following:

29         (a)  An application process required to participate in

30  the controlled open enrollment program.

31         (b)  A process that allows parents to declare school

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  preferences.

 2         (c)  A process that encourages placement of siblings

 3  within the same school.

 4         (d)  A lottery procedure used by the school district to

 5  determine student assignment.

 6         (e)  An appeals process for hardship cases.

 7         (f)  The procedures to maintain socioeconomic,

 8  demographic, and racial balance.

 9         (g)  The availability of transportation.

10         (h)  A process that promotes strong parental

11  involvement, including the designation of a parent liaison.

12         (i)  A strategy that establishes a clearinghouse of

13  information designed to assist parents in making informed

14  choices.

15         (7)(6)  Plans shall be submitted to the Commissioner of

16  Education by June 30, 1997.  The Commissioner of Education

17  shall develop an annual report on the status of school choice

18  and deliver the report to the Governor, the President of the

19  Senate, and the Speaker of the House of Representatives at

20  least 90 days prior to the convening of the regular session of

21  the Legislature.

22         (8)  A school district that has an incomplete

23  controlled open enrollment plan or has a controlled open

24  enrollment plan that cannot be implemented due to conflicts

25  with federal desegregation requirements shall develop a

26  revised plan by the 2000-2001 school year and shall submit the

27  revised plan to the Department of Education by September 1,

28  2000.

29         (9)(7)  The Department of Education shall develop,

30  during the 1999-2000 1996-1997 school year, recommendations

31  for a public school parental choice incentive program to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  benefit district school boards that implement a public school

 2  parental choice plan pursuant to paragraph (3)(a) subsection

 3  (2) for the 2001-2002 1997-1998 school year based on the date

 4  on which the district implemented controlled open enrollment,

 5  with priority given to those districts that implemented

 6  controlled open enrollment earliest and highest priority given

 7  to those districts that implemented controlled open enrollment

 8  before the effective date of this act.  In developing the

 9  program, the department may consider financial, as well as

10  other, incentives that best promote the intent of the

11  Legislature relating to open enrollment in public schools.

12         (10)(8)  Notwithstanding any provision of this section,

13  a school district with schools operating on both multiple

14  session schedules and single session schedules shall afford

15  parents of students in multiple session schools preferred

16  access to the controlled open enrollment program of the school

17  district.

18         Section 3.  Subsection (14) of section 229.512, Florida

19  Statutes, is amended, present subsections (15) and (16) are

20  renumbered as subsections (18) and (19), respectively, and new

21  subsections (15), (16), and (17) are added to that section, to

22  read:

23         229.512  Commissioner of Education; general powers and

24  duties.--The Commissioner of Education is the chief

25  educational officer of the state, and has the following

26  general powers and duties:

27         (14)  To implement a program of school improvement and

28  education accountability designed to provide all students the

29  opportunity to make adequate learning gains in each year of

30  school as provided by statute and State Board of Education

31  rule which is based upon the achievement of the state

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  education goals, recognizing the State Board of Education as

 2  the body corporate responsible for the supervision of the

 3  system of public education, the school board as responsible

 4  for school and student performance, and the individual school

 5  as the unit for education accountability.;

 6         (15)  To arrange for the preparation, publication, and

 7  distribution of materials relating to the state system of

 8  public education which will supply information concerning

 9  needs, problems, plans, and possibilities.;

10         (16)  To prepare and publish annually reports giving

11  statistics and other useful information pertaining to the

12  state system of public education.; and

13         (17)  To have printed copies of school laws, forms,

14  instruments, instructions, and regulations of the State Board

15  of Education and to provide for their the distribution of the

16  same.

17         Section 4.  Section 229.555, Florida Statutes, is

18  amended to read:

19         229.555  Educational planning and information

20  systems.--

21         (1)  EDUCATIONAL PLANNING.--

22         (a)  The commissioner shall be responsible for all

23  planning functions for the department, including collection,

24  analysis, and interpretation of all data, information, test

25  results, evaluations, and other indicators that are used to

26  formulate policy, identify areas of concern and need, and

27  serve as the basis for short-range and long-range planning.

28  Such planning shall include assembling data, conducting

29  appropriate studies and surveys, and sponsoring research and

30  development activities designed to provide information about

31  educational needs and the effect of alternative educational

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  practices.

 2         (b)  Each district school board shall maintain a

 3  continuing system of planning and budgeting which shall be

 4  designed to aid in identifying and meeting the educational

 5  needs of students and the public.  Provision shall be made for

 6  coordination between district school boards and community

 7  college district boards of trustees concerning the planning

 8  for vocational and adult educational programs.  The major

 9  emphasis of the system shall be upon locally determined goals

10  and objectives, the state plan for education, and the Sunshine

11  State minimum performance Standards developed by the

12  Department of Education and adopted by the State Board of

13  Education.  The district planning and budgeting system must

14  include consideration of student achievement data obtained

15  pursuant to s. 229.57.  The system shall be structured to meet

16  the specific management needs of the district and to align.

17  The system of planning and budgeting shall ensure that the

18  budget adopted by the district school board with reflect the

19  plan the board has also adopted.  Each district school board

20  shall utilize its system of planning and budgeting to

21  emphasize a system of school-based management in which

22  individual school centers become the principal planning units

23  and eventually to integrate planning and budgeting at the

24  school level.

25         (2)  COMPREHENSIVE MANAGEMENT INFORMATION SYSTEMS.--The

26  commissioner shall develop and implement an integrated

27  information system for educational management. The system must

28  be designed to collect, via electronic transfer, all student

29  and school performance data required to ascertain the degree

30  to which schools and school districts are meeting state

31  performance standards, and must be capable of producing data

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  for a comprehensive annual report on school and district

 2  performance. The system must also include demographic

 3  information and curriculum frameworks for each public school

 4  to the extent that successful curricula may be delineated from

 5  inadequate curricula as related to particular populations of

 6  students. In addition, the system shall support, as feasible,

 7  the management decisions to be made in each division of the

 8  department and at the individual school and district levels.

 9  Similar data elements among divisions and levels shall be

10  compatible.  The system shall be based on an overall

11  conceptual design; the information needed for such decisions,

12  including fiscal, student, program, personnel, facility,

13  community, evaluation, and other relevant data; and the

14  relationship between cost and effectiveness.  The system shall

15  be managed and administered by the commissioner and shall

16  include a district subsystem component to be administered at

17  the district level, with input from the reports-and-forms

18  control management committees.  Each district school system

19  with a unique management information system shall assure that

20  compatibility exists between its unique system and the

21  district component of the state system so to the extent that

22  all data required as input to the state system is shall be

23  made available via electronic transfer and in the appropriate

24  input format.

25         (a)  The specific responsibilities of the commissioner

26  shall include:

27         1.  Consulting with school district representatives in

28  the development of the system design model and implementation

29  plans for the management information system for public school

30  education management;

31         2.  Providing operational definitions for the proposed

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  system;

 2         3.  Determining the information and specific data

 3  elements required for the management decisions made at each

 4  educational level, recognizing that the primary unit for

 5  information input is shall be the individual school and

 6  recognizing that time and effort of instructional personnel

 7  expended in collection and compilation of data should be

 8  minimized;

 9         4.  Developing standardized terminology and procedures

10  to be followed at all levels of the system;

11         5.  Developing a standard transmittal format to be used

12  for collection of data from the various levels of the system;

13         6.  Developing appropriate computer programs to assure

14  integration of the various information components dealing with

15  students, personnel, facilities, fiscal, program, community,

16  and evaluation data;

17         7.  Developing the necessary programs to provide

18  statistical analysis of the integrated data provided in

19  subparagraph 6. in such a way that required reports may be

20  disseminated, comparisons may be made, and relationships may

21  be determined in order to provide the necessary information

22  for making management decisions at all levels;

23         8.  Developing output report formats which will provide

24  district school systems with information for making management

25  decisions at the various educational levels;

26         9.  Developing a phased plan for distributing computer

27  services equitably among all public schools and school

28  districts in the this state as rapidly as possible.  The plan

29  shall describe alternatives available to the state in

30  providing such computing services and shall contain estimates

31  of the cost of each alternative, together with a

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  recommendation for action.  In developing the such plan, the

 2  feasibility of shared use of computing hardware and software

 3  by school districts, community colleges, and universities

 4  shall be examined.  Laws or administrative rules regulating

 5  procurement of data processing equipment, communication

 6  services, or data processing services by state agencies shall

 7  not be construed to apply to local agencies which share

 8  computing facilities with state agencies;

 9         10.  Assisting the district school systems in

10  establishing their subsystem components and assuring

11  compatibility with current district systems;

12         11.  Establishing procedures for continuous evaluation

13  of system efficiency and effectiveness;

14         12.  Initiating a reports-management and

15  forms-management system to ascertain that duplication in

16  collection of data does not exist and that forms and reports

17  for reporting under state and federal requirements and other

18  forms and reports are prepared in a logical and uncomplicated

19  format, resulting in a reduction in the number and complexity

20  of required reports, particularly at the school level; and

21         13.  Initiating such other actions as are necessary to

22  carry out the intent of the Legislature that a management

23  information system for public school management needs be

24  implemented.  Such other actions shall be based on criteria

25  including, but not limited to:

26         a.  The purpose of the reporting requirement;

27         b.  The origination of the reporting requirement;

28         c.  The date of origin of the reporting requirement;

29  and

30         d.  The date of repeal of the reporting requirement.

31         (b)  The specific responsibilities of each district

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  school system shall include:

 2         1.  Establishing, at the district level, a

 3  reports-control and forms-control management system committee

 4  composed of school administrators and classroom teachers.  The

 5  district school board shall appoint school administrator

 6  members and classroom teacher members; or, in school districts

 7  where appropriate, the classroom teacher members shall be

 8  appointed by the bargaining agent. Teachers shall constitute a

 9  majority of the committee membership. The committee shall

10  periodically recommend procedures to the district school board

11  for eliminating, reducing, revising, and consolidating

12  paperwork and data collection requirements and shall submit to

13  the district school board an annual report of its findings.

14         2.  With assistance from the commissioner, developing

15  systems compatibility between the state management information

16  system and unique local systems.

17         3.  Providing, with the assistance of the department,

18  inservice training dealing with management information system

19  purposes and scope, a method of transmitting input data, and

20  the use of output report information.

21         4.  Establishing a plan for continuous review and

22  evaluation of local management information system needs and

23  procedures.

24         5.  Advising the commissioner of all district

25  management information needs.

26         6.  Transmitting required data input elements to the

27  appropriate processing locations in accordance with guidelines

28  established by the commissioner.

29         7.  Determining required reports, comparisons, and

30  relationships to be provided to district school systems by the

31  system output reports, continuously reviewing these reports

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  for usefulness and meaningfulness, and submitting recommended

 2  additions, deletions, and change requirements in accordance

 3  with the guidelines established by the commissioner.

 4         8.  Being responsible for the accuracy of all data

 5  elements transmitted to the department.

 6         (c)  It is the intent of the Legislature that the

 7  expertise in the state system of public education, as well as

 8  contracted services, be utilized to hasten the plan for full

 9  implementation of a comprehensive management information

10  system.

11         Section 5.  Subsection (1) of section 229.565, Florida

12  Statutes, is amended to read:

13         229.565  Educational evaluation procedures.--

14         (1)  STUDENT PERFORMANCE STANDARDS.--

15         (a)  The State Board of Education shall approve student

16  performance standards in key academic subject areas and the

17  various program categories and chronological grade levels

18  which the Commissioner of Education designates as necessary

19  for maintaining a good educational system. The standards must

20  apply, without limitation, to language arts, mathematics,

21  science, social studies, the arts, health and physical

22  education, foreign language, reading, writing, history,

23  government, geography, economics, and computer literacy.  The

24  commissioner shall obtain opinions and advice from citizens,

25  educators, and members of the business community in developing

26  the standards. For purposes of this section, the term "student

27  performance standard" means a statement describing a skill or

28  competency students are expected to learn.

29         (b)  The student performance standards must address the

30  skills and competencies that a student must learn in order to

31  graduate from high school. The commissioner shall also develop

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  performance standards for students who learn a higher level of

 2  skills and competencies.

 3         Section 6.  Section 229.57, Florida Statutes, 1998

 4  Supplement, is amended to read:

 5         229.57  Student assessment program.--

 6         (1)  PURPOSE.--The primary purposes purpose of the

 7  statewide assessment program are is to provide information

 8  needed to improve for the improvement of the public schools by

 9  maximizing the learning gains of all students and to inform

10  parents of the educational progress of their public school

11  children.  The program must be designed to:

12         (a)  Assess the annual learning gains of each student

13  toward achieving the Sunshine State Standards appropriate for

14  the student's grade level.

15         (b)  Provide data for making decisions regarding school

16  improvement, accountability, recognition, and necessary

17  support.

18         (c)(a)  Identify the educational strengths and needs of

19  students and the readiness of students to be promoted to the

20  next grade level or to graduate from high school with a

21  standard high school diploma.

22         (d)(b)  Assess how well educational goals and

23  performance standards are met at the school, district, and

24  state levels.

25         (e)(c)  Provide information to aid in the evaluation

26  and development of educational programs and policies.

27         (f)  Provide information on the performance of Florida

28  students compared with others across the United States.

29         (2)  ANNUAL PUPIL PROGRESS ASSESSMENT.--The Department

30  of Education shall develop a statistical assessment tool for

31  measuring pupil progress during a school year which shall be

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  used for the purposes of this act. As used in this subsection,

 2  "pupil progress assessment" means a statistical system for

 3  educational outcome assessment which:

 4         (a)  Uses measures of student learning, such as the

 5  FCAT, to determine teacher, school, and school district

 6  statistical distributions, which distributions:

 7         1.  Shall be determined using available data from the

 8  FCAT, and other data collection as deemed appropriate by the

 9  Department of Education, to measure the differences in student

10  prior year achievement against the current year achievement or

11  lack thereof, such that the "effects" of instruction to a

12  student by a teacher, school, and school district may be

13  estimated on a per-student and constant basis.

14         2.  Shall, to the extent possible, be able to be

15  expressed in linear scales such that the effects of ceiling

16  and floor dispersions are minimized.

17         (b)  Shall provide for mixed model methodologies that

18  provide for best linear unbiased prediction for the teacher,

19  school, and school district effects on pupil progress. These

20  estimates should adequately be able to determine effects of

21  and compare teachers who teach multiple subjects to the same

22  groups of students, and team teaching situations where

23  teachers teach a single subject to multiple groups of

24  students, or other teaching situations as appropriate:

25         1.  The department in consult with the Office of

26  Program and Policy Analysis, and other sources as appropriate,

27  shall use recognized mixed linear model approaches to

28  statistical variance and estimating random effects.

29         2.  The mixed model methodology used by the department

30  shall be approved by the State Board of Education before

31  implementation in pupil progression assessment.

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1         (3)(2)  NATIONAL EDUCATION COMPARISONS.--It is

 2  Florida's intent to participate in the measurement of national

 3  educational goals set by the President and governors of the

 4  United States.  The Commissioner of Education is directed to

 5  provide for school districts to participate in the

 6  administration of the National Assessment of Educational

 7  Progress, or a similar national assessment program, both for

 8  the national sample and for any state-by-state comparison

 9  programs which may be initiated.  Such assessments must be

10  conducted using the data collection procedures, the student

11  surveys, the educator surveys, and other instruments included

12  in the National Assessment of Educational Progress or a

13  similar program.  The results of these assessments shall be

14  included in the annual report of the Commissioner of Education

15  specified in this section.  The administration of the National

16  Assessment of Educational Progress or a similar program shall

17  be in addition to and separate from the administration of the

18  statewide assessment program otherwise described in this

19  section.

20         (4)(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner

21  shall is directed to design and implement a statewide program

22  of educational assessment that provides information for the

23  improvement of the operation and management of the public

24  schools. The program must be designed, as far as possible, so

25  as not to conflict with ongoing district assessment programs

26  and so as to use information obtained from district programs.

27  Pursuant to the statewide assessment program, the commissioner

28  shall:

29         (a)  Submit to the state board a list that specifies

30  student skills and competencies to which the goals for

31  education specified in the state plan apply, including, but

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  not limited to, reading, writing, science, and mathematics.

 2  The skills and competencies must include problem-solving and

 3  higher-order skills as appropriate and shall be known as the

 4  Sunshine State Standards.  The commissioner shall select such

 5  skills and competencies after receiving recommendations from

 6  educators, citizens, and members of the business community.

 7  The commissioner shall submit to the state board revisions to

 8  the list of student skills and competencies in order to

 9  maintain continuous progress toward improvements in student

10  proficiency.

11         (b)  Develop and implement a uniform system of

12  indicators to describe the performance of public school

13  students and the characteristics of the public school

14  districts and the public schools.  These indicators must

15  include, without limitation, information gathered by the

16  comprehensive management information system created pursuant

17  to s. 229.555 and student achievement information obtained

18  pursuant to this section.

19         (c)  Develop and implement a student achievement

20  testing program as part of the statewide assessment program,

21  to be administered annually in grades 3 through 10 at

22  designated times at the elementary, middle, and high school

23  levels to measure reading, writing, science, and mathematics.

24  The testing program must be designed so that:

25         1.  The tests measure student skills and competencies

26  adopted by the state board as specified in paragraph (a).  The

27  tests must measure and report student proficiency levels in

28  reading, writing, and mathematics. Science proficiency must be

29  measured statewide beginning in 2003. Other content areas may

30  be included as directed by the commissioner.  The commissioner

31  shall provide for the tests to be developed or obtained, as

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  appropriate, through contracts and project agreements with

 2  private vendors, public vendors, public agencies,

 3  postsecondary institutions, or school districts.  The

 4  commissioner shall obtain input with respect to the design and

 5  implementation of the testing program from state educators and

 6  the public.

 7         2.  The tests are a combination of norm-referenced and

 8  criterion-referenced and include, to the extent determined by

 9  the commissioner, items that require the student to produce

10  information or perform tasks in such a way that the skills and

11  competencies he or she uses can be measured.

12         3.  Each testing program, whether at the elementary,

13  middle, or high school level, includes a test of writing in

14  which students are required to produce writings which are then

15  scored by appropriate methods.

16         4.  A score is designated for each subject area tested,

17  below which score a student's performance is deemed

18  inadequate.  The school districts shall provide appropriate

19  remedial instruction to students who score below these levels.

20         5.  Except as provided in subparagraph 6., all 11th

21  grade students take a high school competency test developed by

22  the state board to test minimum student performance skills and

23  competencies in reading, writing, science, and mathematics.

24  The test must be based on the skills and competencies adopted

25  by the state board pursuant to paragraph (a). Upon

26  recommendation of the commissioner, the state board shall

27  designate a passing score for each part of the high school

28  competency test. In establishing passing scores, the state

29  board shall consider any possible negative impact of the test

30  on minority students. The commissioner may establish criteria

31  whereby a student who successfully demonstrates proficiency in

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  either reading or mathematics or both may be exempted from

 2  taking the corresponding section of the high school competency

 3  test or the college placement test.  A student must earn a

 4  passing score or have been exempted from each part of the high

 5  school competency test in order to qualify for a regular high

 6  school diploma. The school districts shall provide appropriate

 7  remedial instruction to students who do not pass part of the

 8  competency test.

 9         6.  Students who enroll in grade 9 in the fall of 1999

10  and thereafter must earn a passing score on the grade 10

11  assessment test described in this paragraph instead of the

12  high school competency test described in subparagraph 5. Such

13  students must earn a passing score in reading, writing, and

14  mathematics to qualify for a regular high school diploma. Upon

15  recommendation of the commissioner, the state board shall

16  designate a passing score for each part of the grade 10

17  assessment test. In establishing passing scores, the state

18  board shall consider any possible negative impact of the test

19  on minority students.

20         7.6.  Participation in the testing program is mandatory

21  for all students, except as otherwise prescribed by the

22  commissioner.  The commissioner shall recommend rules to the

23  state board for the provision of test adaptations and

24  modifications of procedures as necessary for students in

25  exceptional education programs and for students who have

26  limited English proficiency.

27         8.7.  A student seeking an adult high school diploma

28  must meet the same testing requirements that a regular high

29  school student must meet.

30         9.  School districts must provide instruction to

31  prepare students to demonstrate proficiency in the skills and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  competencies necessary for successful grade-to-grade

 2  progression and high school graduation. The commissioner shall

 3  conduct studies as necessary to verify that the required

 4  skills and competencies are part of the district instructional

 5  programs.

 6

 7  The commissioner may design and implement student testing

 8  programs for any grade level and subject area, based on

 9  procedures designated by the commissioner to monitor

10  educational achievement in the state.

11         (d)  Obtain or develop a career planning assessment to

12  be administered to students, at their option, in grades 7 and

13  10 to assist them in preparing for further education or

14  entering the workforce.  The statewide student assessment

15  program must include career planning assessment.

16         (d)(e)  Conduct ongoing research to develop improved

17  methods of assessing student performance, including, without

18  limitation, the use of technology to administer tests, the use

19  of electronic transfer of data, the development of

20  work-product assessments, and the development of process

21  assessments.

22         (e)(f)  Conduct ongoing research and analysis of

23  student achievement data, including, without limitation,

24  monitoring trends in student achievement, identifying school

25  programs that are successful, and analyzing correlates of

26  school achievement.

27         (f)(g)  Provide technical assistance to school

28  districts in the implementation of state and district testing

29  programs and the use of the data produced pursuant to such

30  programs.

31         (5)(4)  DISTRICT TESTING PROGRAMS.--Each district shall

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  periodically assess student performance and achievement within

 2  each school of the district. The assessment programs must be

 3  based upon local goals and objectives that are compatible with

 4  the state plan for education and that supplement the skills

 5  and competencies adopted by the State Board of Education. All

 6  school districts must participate in the state assessment

 7  program designed to measure annual student learning and school

 8  performance. All school districts shall report assessment

 9  results as required by the management information system. In

10  grades 4 and 8, each district shall administer a nationally

11  normed achievement test selected from a list approved by the

12  state board; the data resulting from these tests must be

13  provided to the Department of Education according to

14  procedures specified by the commissioner.  The commissioner

15  may request achievement data for other grade levels as

16  necessary.

17         (6)(5)  SCHOOL TESTING PROGRAMS.--Each public school,

18  unless specifically exempted by state board rule based on

19  serving a specialized population for which standardized

20  testing is not appropriate, shall participate in the state

21  assessment program. Student performance data shall be analyzed

22  using measurement tools as directed pursuant to subsection (2)

23  and reported to parents, the community, and the state. Student

24  performance data shall be used in developing objectives of the

25  school improvement plan, evaluation of instructional

26  personnel, evaluation of administrative personnel, assignment

27  of staff, allocation of resources, acquisition of

28  instructional materials and technology, performance-based

29  budgeting, and promotion and assignment of students into

30  educational programs administering an achievement test,

31  whether at the elementary, middle, or high school level, and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  each public school administering the high school competency

 2  test, shall prepare an analysis of the resultant data after

 3  each administration.  The analysis of student performance data

 4  also must identify strengths and needs in the educational

 5  program and trends over time.  The analysis must be used in

 6  conjunction with the budgetary planning processes developed

 7  pursuant to s. 229.555 and the development of the programs of

 8  remediation described in s. 233.051.

 9         (7)(6)  ANNUAL REPORTS.--The commissioner shall prepare

10  annual reports of the results of the statewide assessment

11  program which describe student achievement in the state, each

12  district, and each school.  The commissioner shall prescribe

13  the design and content of these reports, which must include,

14  without limitation, descriptions of the performance of all

15  schools participating in the assessment program and all of

16  their major student populations as determined by the

17  Commissioner of Education, and must also include the median

18  scores of all eligible students who scored at or in the lowest

19  25th percentile of the state in the previous school year,

20  provided, however, that the provisions of s. 228.093

21  pertaining to student records apply to this section students

22  at both low levels and exemplary levels, as well as the

23  performance of students scoring in the middle 50 percent of

24  the test population. Until such time as annual assessments

25  prescribed in this section are fully implemented, annual

26  reports shall include student performance data based on

27  existing assessments.

28         (8)  SCHOOL PERFORMANCE GRADE CATEGORIES.--Beginning

29  with the 1998-1999 school year's student and school

30  performance data, the annual report shall identify schools as

31  being in one of the following grade categories defined

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  according to rules of the state board:

 2         (a)  "A," schools making excellent progress.

 3         (b)  "B," schools making above average progress.

 4         (c)  "C," schools making satisfactory progress.

 5         (d)  "D," schools making less than satisfactory

 6  progress.

 7         (e)  "F," schools failing to make adequate progress.

 8         (9)  DESIGNATION OF SCHOOL PERFORMANCE GRADE

 9  CATEGORIES.--School performance grade category designations

10  itemized in subsection (8) shall be based on the following:

11         (a)  Timeframes.--

12         1.  School performance grade category designations

13  shall be based on one school year of performance.

14         2.  In school years 1998-1999 and 1999-2000, a school's

15  performance grade category designation shall be determined by

16  the student achievement levels on the FCAT, and on other

17  appropriate performance data, including, but not limited to,

18  attendance, dropout rate, school discipline data, and student

19  readiness for college, in accordance with state board rule.

20         3.  Beginning with the 2000-2001 school year, a

21  school's performance grade category designation shall be based

22  on a combination of student achievement scores as measured by

23  the FCAT, on the degree of measured learning gains of the

24  students, and on other appropriate performance data,

25  including, but not limited to, attendance, dropout rate,

26  school discipline data, cohort graduation rate, and student

27  readiness for college.

28         4.  Beginning with the 2001-2002 school year and

29  thereafter, a school's performance grade category designation

30  shall be based on student learning gains as measured by annual

31  FCAT assessments in grades 3 through 10, and on other

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  appropriate performance data, including, but not limited to,

 2  attendance, dropout rate, school discipline data, the

 3  availability of adequate and appropriate textbooks and

 4  instructional materials for each student, and student

 5  readiness for college.

 6

 7  For the purpose of implementing ss. 229.0535 and 229.0537,

 8  each school identified as critically low performing based on

 9  both 1996-1997 and 1997-1998 school performance data and state

10  board-adopted criteria relative to those 2 years, and that

11  receives a performance grade category designation of "F" based

12  on 1998-1999 school performance data pursuant to this section,

13  shall be considered as having failed to make adequate progress

14  for 2 years in a 4-year period. All other schools that receive

15  a performance grade category designation of "F" based on

16  1998-1999 school performance data shall be considered as

17  having failed to make adequate progress for 1 year.

18         (b)  Student assessment data.--Student assessment data

19  used in determining school performance grade categories shall

20  include:

21         1.  The median scores of all eligible students enrolled

22  in the school.

23         2.  The median scores of all eligible students enrolled

24  in the school who have scored at or in the lowest 25th

25  percentile of the state in the previous school year.

26

27  The state board shall adopt appropriate criteria for each

28  school performance grade category so as to ensure that school

29  performance grade category designations reflect each school's

30  accountability for the learning of all students in the school.

31  The criteria must also give added weight to student

                                  27
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  achievement in reading. Schools designated as performance

 2  grade category "C," making satisfactory progress, shall be

 3  required to demonstrate that adequate progress has been made

 4  by students who have scored among the lowest 25 percent of

 5  students in the state as well as by the overall population of

 6  students in the school.

 7         (10)  SCHOOl IMPROVEMENT RATINGS.--Beginning with the

 8  1999-2000 school year's student and school performance data,

 9  the annual report shall identify each school's performance as

10  having improved, remained the same, or declined. This school

11  improvement rating shall be based on a comparison of the

12  current year's and previous year's student and school

13  performance data. Schools that improve at least one

14  performance grade category are eligible for school recognition

15  awards pursuant to s. 231.2905.

16         (11)  SCHOOl PERFORMANCE GRADE CATEGORY AND IMPROVEMENT

17  RATING REPORTS.--School performance grade category

18  designations and improvement ratings shall apply to each

19  school's performance for the year in which performance is

20  measured. Each school's designation and rating shall be

21  published annually by the Department of Education and the

22  school district. Parents and guardians shall be entitled to an

23  easy-to-read report card about the designation and rating of

24  the school in which their child is enrolled.

25         (12)  STATEWIDE ASSESSMENTS.--The Department of

26  Education is authorized, subject to appropriation, to

27  negotiate a multi-year contract for the development, field

28  testing, and implementation of annual assessments of students

29  in grades 3 through 10. Such assessments must comply with the

30  following criteria:

31         (a)  Assessments for each grade level shall be capable

                                  28
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  of measuring each student's mastery of the Sunshine State

 2  Standards for that grade level and above.

 3         (b)  Assessments shall be capable of measuring the

 4  annual progress each student makes in mastering the Sunshine

 5  State Standards.

 6         (c)  Assessments shall include measures in reading and

 7  mathematics in each grade level and must include writing and

 8  science in grades 4, 8, and 10. Science assessment is to begin

 9  statewide in 2003.

10         (d)  Assessments shall include a norm-referenced

11  subtest that allows for comparisons of Florida students with

12  the performance of students nationally.

13         (e)  The annual testing program shall be administered

14  to provide for valid statewide comparisons of learning gains

15  to be made for purposes of accountability and recognition.

16  Annual assessments that do not contain performance items shall

17  be administered no earlier than March of each school year,

18  with results being returned to schools prior to the end of the

19  academic year.  Subtests that contain performance items may be

20  given earlier than March, provided that the remaining subtests

21  are sufficient to provide valid data on comparisons of student

22  learning from year to year.  The time of administration shall

23  be aligned such that a comparable amount of instructional time

24  is measured in all school districts.  District school boards

25  shall not establish school calendars that jeopardize or limit

26  the valid testing and comparison of student learning gains.

27         (f)  Assessments shall be implemented statewide no

28  later than the spring of the 2000-2001 school year.

29         (13)  LOCAl ASSESSMENTS.--Measurement of the learning

30  gains of students in all subjects other than subjects required

31  for the state assessment program is the responsibility of the

                                  29
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  school districts.

 2         (14)(7)  APPLICABILITY OF TESTING STANDARDS.--A student

 3  must meet the testing requirements for high school graduation

 4  which were in effect at the time the student entered 9th

 5  grade, provided the student's enrollment was continuous.

 6         (15)(8)  RULES.--The State Board of Education shall

 7  adopt rules pursuant to ss. 120.536(1) and 120.54 as necessary

 8  to implement the provisions of this section.

 9         (16)  PERFORMANCE-BASED FUNDING.--The Legislature may

10  factor-in the performance of schools in calculating any

11  performance-based-funding policy that is provided for in the

12  annual General Appropriations Act.

13         Section 7.  Section 229.58, Florida Statutes, 1998

14  Supplement, is amended to read:

15         229.58  District and school advisory councils.--

16         (1)  ESTABLISHMENT.--

17         (a)  The school board shall establish an advisory

18  council for each school in the district, and shall develop

19  procedures for the election and appointment of advisory

20  council members. Each school advisory council shall include in

21  its name the words "school advisory council." The school

22  advisory council shall be the sole body responsible for final

23  decisionmaking at the school relating to implementation of the

24  provisions of ss. 229.591, 229.592, and 230.23(16). A majority

25  of the members of each school advisory council must be persons

26  who are not employed by the school. Each advisory council

27  shall be composed of the principal and an appropriately

28  balanced number of teachers, education support employees,

29  students, parents, and other business and community citizens

30  who are representative of the ethnic, racial, and economic

31  community served by the school.  Vocational-technical center

                                  30
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  and high school advisory councils shall include students, and

 2  middle and junior high school advisory councils may include

 3  students.  School advisory councils of vocational-technical

 4  and adult education centers are not required to include

 5  parents as members.  Council members representing teachers,

 6  education support employees, students, and parents shall be

 7  elected by their respective peer groups at the school in a

 8  fair and equitable manner as follows:

 9         1.  Teachers shall be elected by teachers.

10         2.  Education support employees shall be elected by

11  education support employees.

12         3.  Students shall be elected by students.

13         4.  Parents shall be elected by parents.

14

15  The school board shall establish procedures for use by schools

16  in selecting business and community members. Such procedures

17  shall include means of ensuring wide notice of vacancies and

18  for taking input on possible members from local business,

19  chambers of commerce, community and civic organizations and

20  groups, and the public at large. The school board shall review

21  the membership composition of each advisory council.  Should

22  the school board determine that the membership elected by the

23  school is not representative of the ethnic, racial, and

24  economic community served by the school, the board shall

25  appoint additional members to achieve proper representation.

26  The Commissioner of Florida Commission on Education Reform and

27  Accountability shall serve as a review body to determine if

28  schools have maximized their efforts to include on their

29  advisory councils minority persons and persons of lower

30  socioeconomic status. Although schools should be strongly

31  encouraged to establish school advisory councils, any school

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  district that has a student population of 10,000 or fewer may

 2  establish a district advisory council which shall include at

 3  least one duly elected teacher from each school in the

 4  district.  For the purposes of school advisory councils and

 5  district advisory councils, the term "teacher" shall include

 6  classroom teachers, certified student services personnel, and

 7  media specialists.  For purposes of this paragraph, "education

 8  support employee" means any person employed by a school who is

 9  not defined as instructional or administrative personnel

10  pursuant to s. 228.041 and whose duties require 20 or more

11  hours in each normal working week.

12         (b)  The school board may establish a district advisory

13  council representative of the district and composed of

14  teachers, students, parents, and other citizens or a district

15  advisory council which may be comprised of representatives of

16  each school advisory council.  Recognized schoolwide support

17  groups which meet all criteria established by law or rule may

18  function as school advisory councils.

19         (2)  DUTIES.--

20         (a)  Each advisory council shall perform such functions

21  as are prescribed by regulations of the  school board;

22  however, no advisory council shall have any of the powers and

23  duties now reserved by law to the school board.  Each school

24  advisory council shall assist in the preparation and

25  evaluation of the school improvement plan required pursuant to

26  s. 230.23(16). By the 1999-2000 academic year, with technical

27  assistance from the Department of Education, each school

28  advisory council shall assist in the preparation of the

29  school's annual budget and plan as required by s. 229.555(1).

30  A portion of funds provided in the annual General

31  Appropriations Act for use by school advisory councils must be

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  used for implementing the school improvement plan.

 2         (b)  By May of each year, each school advisory council

 3  may submit to the Department of Education a letter offering

 4  its evaluation of their school's progress toward implementing

 5  school improvement plans and its performance in general. These

 6  letters of evaluation shall be considered and given due weight

 7  by the department when assigning performance grades pursuant

 8  to s.229.57(9).

 9         Section 8.  Section 229.591, Florida Statutes, 1998

10  Supplement, is amended to read:

11         229.591  Comprehensive revision of Florida's system of

12  school improvement and education accountability.--

13         (1)  INTENT.--The Legislature recognizes that the

14  children and youth of the state are its future and its most

15  precious resource.  To provide these developing citizens with

16  the sound education needed to grow to a satisfying and

17  productive adulthood, the Legislature intends that, by the

18  year 2000, Florida establish a system of school improvement

19  and education accountability based on the performance of

20  students and educational programs. The intent of the

21  Legislature is to provide clear guidelines for achieving this

22  purpose and for returning the responsibility for education to

23  those closest to the students, their that is the schools,

24  teachers, and parents.  The Legislature recognizes, however,

25  its ultimate responsibility and that of the Governor, the

26  Commissioner of Education, and the State Board of Education

27  and other state policymaking bodies in providing the strong

28  leadership needed to forge a new concept of school improvement

29  and in making adequate provision by law provisions for a

30  uniform, efficient, safe, secure, and high-quality system of

31  free public schools as required by s. 1, Art. IX of the State

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  Constitution. It is further the intent of the Legislature to

 2  build upon the foundation established by the Educational

 3  Accountability Act of 1976 and to implement a program of

 4  education accountability and school improvement based upon the

 5  achievement of state goals, recognizing the State Board of

 6  Education as the body corporate responsible for the

 7  supervision of the system of public education, the district

 8  school board as responsible for school and student

 9  performance, and the individual school as the unit for

10  education accountability.

11         (2)  REQUIREMENTS.--Florida's system for school

12  improvement and education accountability shall:

13         (a)  Establish state and local educational goals.

14         (b)  Increase the use of educational outcomes over

15  educational processes in assessing educational programs.

16         (c)  Redirect state fiscal and human resources to

17  assist school districts and schools to meet state and local

18  goals for student success in school and in later life.

19         (d)  Provide methods for measuring, and public

20  reporting of, state, school district, and individual school

21  progress toward the education goals.

22         (e)  Recognize successful schools.

23         (f)  Provide for Ensure that unsuccessful schools

24  designated as performance grade category "D" or "F" to receive

25  are provided assistance and intervention sufficient to attain

26  adequate such that improvement occurs, and provide further

27  ensure that action that should occur when schools do not

28  improve.

29         (g)  Ensure that every preventive measure, as provided

30  by law, is utilized to correct inadequacies in schools that

31  are in danger of being designated in performance grade

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  category "F," failing to make adequate progress, as defined in

 2  state board rule, or are on probation as defined in s.

 3  229.0535, and to ensure that adequate levels of performance

 4  are maintained at higher performing schools.

 5         (3)  EDUCATION GOALS.--The state as a whole shall work

 6  toward the following goals:

 7         (a)  Readiness to start school.--Communities and

 8  schools collaborate in a statewide comprehensive school

 9  readiness program to prepare children and families for

10  children's success in school.

11         (b)  Graduation rate and readiness for postsecondary

12  education and employment.--Students graduate and are prepared

13  to enter the workforce and postsecondary education.

14         (c)  Student performance.--Students make annual

15  learning gains, as determined pursuant to s. 229.59(2),

16  sufficient to acquire the knowledge, skills, and competencies

17  needed to master state standards, successfully compete at the

18  highest levels nationally and internationally, and be are

19  prepared to make well-reasoned, thoughtful, and healthy

20  lifelong decisions.

21         (d)  Learning environment.--School boards provide a

22  learning environment conducive to teaching and learning, in

23  which education programs are based on student performance

24  data, and which strive to eliminate achievement gaps by

25  improving the learning of all students.

26         (e)  School safety and environment.--Communities and

27  schools provide an environment that is drug-free and protects

28  students' health, safety, and civil rights.

29         (f)  Teachers and staff.--The schools, district, all

30  postsecondary institutions, and state work collaboratively to

31  provide ensure professional teachers and staff who possess the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  competencies and demonstrate the performance needed to

 2  maximize learning among all students.

 3         (g)  Adult literacy.--Adult Floridians are literate and

 4  have the knowledge and skills needed to compete in a global

 5  economy, prepare their children for success in school, and

 6  exercise the rights and responsibilities of citizenship.

 7         (h)  Parental involvement.--Communities, school boards,

 8  and schools provide opportunities for involving parents and

 9  guardians as active partners in achieving school improvement

10  and education accountability. The State Board of Education

11  shall adopt standards for indicating progress toward this

12  state education goal by January 1, 1997.

13         Section 9.  Section 229.592, Florida Statutes, 1998

14  Supplement, is amended to read:

15         229.592  Implementation of state system of school

16  improvement and education accountability.--

17         (1)  DEVELOPMENT.--It is the intent of the Legislature

18  that every public school in the state shall have a school

19  improvement plan, as required by s. 230.23(16), fully

20  implemented and operational by the beginning of the 1993-1994

21  school year.  Vocational standards considered pursuant to s.

22  239.229 shall be incorporated into the school improvement plan

23  for each area technical center operated by a school board by

24  the 1994-1995 school year, and area technical centers shall

25  prepare school report cards incorporating such standards,

26  pursuant to s. 230.23(16), for the 1995-1996 school year.  In

27  order to accomplish this, the Florida Commission on Education

28  Reform and Accountability and the school districts and schools

29  shall carry out the duties assigned to them by ss. 229.594 and

30  230.23(16), respectively.

31         (2)  ESTABLISHMENT.--Based upon the recommendations of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  the Florida Commission on Education Reform and Accountability,

 2  the Legislature may enact such laws as it considers necessary

 3  to establish and maintain a state system of school improvement

 4  and accountability.  If, after considering the recommendations

 5  of the commission, the Legislature determines an adequate

 6  system of accountability to be in place to protect the public

 7  interest, the Legislature may repeal or revise laws, including

 8  fiscal policies, deemed to stand in the way of school

 9  improvement.

10         (3)  COMMISSIONER.--The commissioner shall be

11  responsible for implementing and maintaining a system of

12  intensive school improvement and stringent education

13  accountability, which shall include policies and programs

14  based on the recommendations of the Florida Commission on

15  Education Reform and Accountability.

16         (a)  Based on the recommendations of The Florida

17  Commission on Education Reform and Accountability, The

18  commissioner shall develop and implement the following

19  programs and procedures:

20         (a)1.  A system of data collection and analysis that

21  will improve information about the educational success of

22  individual students and schools. The information and analyses

23  must be capable of identifying educational programs or

24  activities in need of improvement, and reports prepared

25  pursuant to this paragraph subparagraph shall be distributed

26  to the appropriate school boards prior to distribution to the

27  general public.  This provision shall not preclude access to

28  public records as provided in chapter 119.

29         (b)2.  A program of school improvement that will

30  analyze information to identify schools, educational programs,

31  or educational activities in need of improvement.

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                                                  SENATE AMENDMENT

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 1         (c)3.  A method of delivering services to assist school

 2  districts and schools to improve.

 3         (d)4.  A method of coordinating with the state

 4  educational goals and school improvement plans any other state

 5  program that creates incentives for school improvement.

 6         (4)(b)  The commissioner shall be held responsible for

 7  the implementation and maintenance of the system of school

 8  improvement and education accountability outlined in this

 9  section subsection.  There shall be an annual determination of

10  whether adequate progress is being made toward implementing

11  and maintaining a system of school improvement and education

12  accountability.

13         (5)(c)  The annual feedback report shall be developed

14  by the commission and the Department of Education.

15         (6)(d)  The commissioner and the commission shall

16  review each school board's feedback report and submit its

17  findings to the State Board of Education.  If adequate

18  progress is not being made toward implementing and maintaining

19  a system of school improvement and education accountability,

20  the State Board of Education shall direct the commissioner to

21  prepare and implement a corrective action plan. The

22  commissioner and State Board of Education shall monitor the

23  development and implementation of the corrective action plan.

24         (7)(e)  As co-chair of the Florida Commission on

25  Education Reform and Accountability,  The commissioner shall

26  appear before the appropriate committees of the Legislature

27  annually in October to report to the Legislature and recommend

28  changes in state policy necessary to foster school improvement

29  and education accountability.  The report shall reflect the

30  recommendations of the Florida Commission on Education Reform

31  and Accountability. Included in the report shall be a list of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  the schools for which school boards have developed assistance

 2  and intervention plans and an analysis of the various

 3  strategies used by the school boards. School reports shall be

 4  distributed pursuant to this paragraph and s. 230.23(16)(e)

 5  according to guidelines adopted by the State Board of

 6  Education.

 7         (8)(4)  DEPARTMENT.--

 8         (a)  The Department of Education shall implement a

 9  training program to develop among state and district educators

10  a cadre of facilitators of school improvement.  These

11  facilitators shall assist schools and districts to conduct

12  needs assessments and develop and implement school improvement

13  plans to meet state goals.

14         (b)  Upon request, the department shall provide

15  technical assistance and training to any school, school

16  advisory council, district, or school board for conducting

17  needs assessments, developing and implementing school

18  improvement plans, developing and implementing assistance and

19  intervention plans, or implementing other components of school

20  improvement and accountability. Priority for these services

21  shall be given to schools designated as performance grade

22  category "D" or "F" and school districts in rural and sparsely

23  populated areas of the state.

24         (c)  Pursuant to s. 24.121(5)(d), the department shall

25  not release funds from the Educational Enhancement Trust Fund

26  to any district in which a school does not have an approved

27  school improvement plan, pursuant to s. 230.23(16), after 1

28  full school year of planning and development, or does not

29  comply with school advisory council membership composition

30  requirements pursuant to s. 229.58(1). The department shall

31  send a technical assistance team to each school without an

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  approved plan to develop such school improvement plan or to

 2  each school without appropriate school advisory council

 3  membership composition to develop a strategy for corrective

 4  action.  The department shall release the funds upon approval

 5  of the plan or upon establishment of a plan of corrective

 6  action. Notice shall be given to the public of the

 7  department's intervention and shall identify each school

 8  without a plan or without appropriate school advisory council

 9  membership composition.

10         (9)  LOW PERFORMING SCHOOLS INTERVENTION FUNDS.--

11         (a)  The department is authorized to allocate and

12  distribute to each district with schools under probationary

13  status pursuant to s. 229.0535 an amount as prescribed

14  annually by the Legislature for improvement funds for those

15  schools. The allocation shall be one-sixth of the product

16  determined by multiplying the base student allocation times

17  the weighted full-time equivalent student membership for these

18  schools times the district cost differential.

19         (b)  The funds shall be used only for those schools

20  under probationary status and may be used for student

21  performance improvement purposes including, but not limited

22  to, student remediation activities, teacher training, class

23  size reduction or extended school year.

24         (c)  Before intervention funds are released to any

25  district, that district must submit a school improvement plan

26  specific to the school or schools for which the funds will be

27  used and detailing how said funds will be utilized to

28  implement the plan.

29         (10)(5)  STATE BOARD.--The State Board of Education

30  shall adopt rules pursuant to ss. 120.536(1) and 120.54

31  necessary to implement a state system of school improvement

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  and education accountability and shall specify required annual

 2  reports by schools and school districts. Such rules must be

 3  based on recommendations of the Commission on Education Reform

 4  and Accountability and must include, but need not be limited

 5  to, a requirement that each school report identify the annual

 6  Education Enhancement Trust Fund allocations to the district

 7  and the school and how those allocations were used for

 8  educational enhancement and supporting school improvement.

 9         (11)(6)  EXCEPTIONS TO LAW.--To facilitate innovative

10  practices and to allow local selection of educational methods,

11  the commissioner may waive, upon the request of a school

12  board, requirements of chapters 230 through 239 of the Florida

13  School Code that relate to instruction and school operations,

14  except those pertaining to civil rights, and student health,

15  safety, and welfare. The Commissioner of Education is not

16  authorized to grant waivers for any provisions of law

17  pertaining to the allocation and appropriation of state and

18  local funds for public education; the election, compensation,

19  and organization of school board members and superintendents;

20  graduation and state accountability standards; financial

21  reporting requirements; public meetings; public records; or

22  due process hearings governed by chapter 120. Prior to

23  approval, the commissioner shall report pending waiver

24  requests to the state board on a monthly basis, and shall,

25  upon request of any state board member, bring a waiver request

26  to the state board for consideration. If, within 2 weeks of

27  receiving the report, no member requests that a waiver be

28  considered by the state board, the commissioner may act on the

29  original waiver request. No later than January 1 of each year,

30  the commissioner shall report to the President and Minority

31  Leader of the Senate and the Speaker and Minority Leader of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  the House of Representatives all approved waiver requests in

 2  the preceding year.

 3         (a)  Graduation requirements in s. 232.246 must be met

 4  by demonstrating performance of intended outcomes for any

 5  course in the Course Code Directory unless a waiver is

 6  approved by the commissioner. In developing procedures for

 7  awarding credits based on performance outcomes, districts may

 8  request waivers from State Board of Education rules relating

 9  to curriculum frameworks and credits for courses and programs

10  in the Course Code Directory. Credit awarded for a course or

11  program beyond that allowed by the Course Code Directory

12  counts as credit for electives. Upon request by any school

13  district, the commissioner shall evaluate and establish

14  procedures for variations in academic credits awarded toward

15  graduation by a high school offering six periods per day

16  compared to those awarded by high schools operating on other

17  schedules.

18         1.  A school board may originate a request for waiver

19  and submit the request to the commissioner if such a waiver is

20  required to implement districtwide improvements.

21         2.  A school board may submit a request to the

22  commissioner for a waiver if such request is presented to the

23  school board by a school advisory council established pursuant

24  to s. 229.58 and if such a waiver is required to implement a

25  school improvement plan required by s. 230.23(16). The school

26  board shall report annually to the Florida Commission on

27  Education Reform and Accountability, in conjunction with the

28  feedback report required pursuant to this section subsection

29  (3), the number of waivers requested by school advisory

30  councils, the number of such waiver requests approved and

31  submitted to the commissioner, and the number of such waiver

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  requests not approved and not submitted to the commissioner.

 2  For each waiver request not approved, the school board shall

 3  report the statute or rule for which the waiver was requested,

 4  the rationale for the school advisory council request, and the

 5  reason the request was not approved.

 6         3.  When approved by the commissioner, a waiver

 7  requested under this paragraph is effective for a 5-year

 8  period.

 9         (b)  Notwithstanding the provisions of chapter 120 and

10  for the purpose of implementing this subsection, the

11  commissioner may waive State Board of Education rules if the

12  school board has submitted a written request to the

13  commissioner for approval pursuant to this subsection.

14         (c)  The written request for waiver of statute or rule

15  must indicate at least how the general statutory purpose will

16  be met, how granting the waiver will assist schools in

17  improving student outcomes related to the student performance

18  standards adopted by the state board pursuant to subsection

19  (5), and how student improvement will be evaluated and

20  reported. In considering any waiver, The commissioner shall

21  not grant any waiver that would impair the ensure protection

22  of the health, safety, welfare, or and civil rights of the

23  students or the and protection of the public interest.

24         (d)  Upon denying a request for a waiver, the

25  commissioner must state with particularity the grounds or

26  basis for the denial. The commissioner shall report the

27  specific statutes and rules for which waivers are requested

28  and the number and disposition of such requests to the

29  Legislature and the State Board of Education and the Florida

30  Commission on Education Reform and Accountability for use in

31  determining which statutes and rules stand in the way of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  school improvement.

 2         (e)1.  Schools designated in performance grade category

 3  "A," making excellent progress, shall, if requested by the

 4  school, be given deregulated status as specified in s.

 5  228.0565(5), (7), (8), (9), and (10).

 6         2.  Schools that have improved at least two performance

 7  grade categories and that meet the criteria of the Florida

 8  School Recognition Program pursuant to s. 231.2905 may be

 9  given deregulated status as specified in s. 228.0565(5), (7),

10  (8), (9), and (10).

11         Section 10.  Effective July 1, 1999, section 229.5925,

12  Florida Statutes, is created to read:

13         229.5925  Educational Care Teams.--

14         (1)  The State Board of Education shall appoint

15  educational care teams for the purpose of providing voluntary

16  assistance to school districts with schools having low

17  performance grade status pursuant to s. 229.57. It is the

18  intention of the Legislature that educational care teams be

19  able to:

20         (a)  Investigate and isolate the causes of low

21  performance, including, but not limited to, administrative and

22  instructional staffing, staff development and training, budget

23  prioritization, curriculum, physical environment, and student

24  socio-economic, health, and safety issues;

25         (b)  Prepare a written evaluation and report of its

26  findings; and

27         (c)  Make nonbinding recommendations to the school

28  board for improvements in performance at the low performing

29  school.

30         (2)  APPOINTMENTS.--  

31         (a)  Each educational care team shall consist of seven

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  members appointed by the State Board of Education upon

 2  recommendation of the Commissioner of Education and the

 3  Commission on Education Reform and Accountability. A method

 4  for making such appointments shall be determined by state

 5  board rule.

 6         (b)  At a minimum, each appointee shall have or have

 7  had experience and success as a principal, teacher, school

 8  administrator, or child or school psychologist. To the extent

 9  possible, each team shall have each of the minimum

10  qualifications represented by its appointees as listed in this

11  paragraph. Consideration shall also be given to the gender and

12  racial composition of each team.

13         (c)  The state board shall appoint four teams to serve

14  four demographic regions of the state as shall be determined

15  by the board. The board is encouraged to draw each team member

16  from the region in which he or she resides.

17         (d)  The Commissioner of Education is authorized to

18  provide training, research, and resources to the educational

19  care teams as necessary to carry out their duties.

20         (3)  DISTRICT APPLICATION FOR EDUCATIONAL CARE TEAM

21  ASSISTANCE.--

22         (a)  Any school district may, but is not required to,

23  seek the assistance of an educational care team for a low

24  performing school under the following circumstances:

25         1.  The low performing school received a performance

26  grade category "F" pursuant to s. 229.57 the year immediately

27  preceding the time that application for assistance is made; or

28         2.  The low performing school has consistently received

29  a performance grade category "D" or worse pursuant to s.

30  229.57 over a period of time to be determined by state board

31  rule.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1         (b)  A school district may seek to contract for, and

 2  the state board may approve, assistance from an educational

 3  care team for schools of performance category "C" pursuant to

 4  s. 229.57 when the school is unable to show significant

 5  academic progress of the lower quartile of students on

 6  statewide assessments. This option shall be granted at the

 7  discretion of the board based on the availability of an

 8  educational care team, and other criteria for which the board

 9  may make rules.

10         (4)  ASSIGNMENT OF EDUCATIONAL CARE TEAMS.--

11         (a)  If a district application for assistance of an

12  educational care team at a low performing school as described

13  in this section is approved by the state board, the board

14  shall assign the team within the region in which the district

15  is located to the school considering the following:

16         1.  Care teams will be assigned and scheduled according

17  to date order of board approval. District applications for

18  educational care teams shall be considered in the order in

19  which they are received.

20         2.  Priority of assignment shall be given to schools

21  with performance grade category "F" in situations where

22  applications are granted to several districts simultaneously.

23         3.  Districts may apply and gain approval for care

24  teams no more than twice in one calendar year based on the

25  date of first approval.

26         (b)  Upon assignment to a school, the care team shall

27  operate under the direction of the requesting school district

28  at the school for which the assistance was requested. The care

29  teams' duties shall be performed in the most expedient, but

30  thorough, manner possible.

31         (5)  REPORTS AND RECOMMENDATIONS.--

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1         (a)  Upon completion of its evaluation of the low

 2  performing school, the care team shall prepare a written

 3  report and recommendation to the local school board.

 4  Recommendations shall be nonbinding.

 5         (b)  A copy of the report and recommendation shall be

 6  furnished by the care team to the Department of Education and

 7  the Commission on Education Reform and Accountability.

 8         (c)  The school district shall make a written report to

 9  the state board and the Commission on Education Reform and

10  Accountability specifying its intentions as to what actions it

11  will take relative to the recommendations made by the assigned

12  care team. The district's report shall be made in time as

13  determined by state board rule.

14         Section 11.  Subsection (5) of section 229.595, Florida

15  Statutes, is amended to read:

16         229.595  Implementation of state system of education

17  accountability for school-to-work transition.--

18         (5)  Prior to each student's graduation from high

19  school, the school shall Any assessment required for student

20  receipt of a high school diploma shall include items designed

21  to assess the student's student preparation to enter the

22  workforce and provide the student and the student's parent or

23  guardian with the results of such assessment. The Florida

24  Commission on Education Reform and Accountability shall

25  identify the employability skills associated with successful

26  entry into the workforce from which such items shall be

27  derived.

28         Section 12.  Paragraphs (c) and (g) of subsection (5),

29  paragraph (b) of subsection (7), and subsections (10), (16),

30  (17), and (18) of section 230.23, Florida Statutes, 1998

31  Supplement, are amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1         230.23  Powers and duties of school board.--The school

 2  board, acting as a board, shall exercise all powers and

 3  perform all duties listed below:

 4         (5)  PERSONNEL.--Designate positions to be filled,

 5  prescribe qualifications for those positions, and provide for

 6  the appointment, compensation, promotion, suspension, and

 7  dismissal of employees as follows, subject to the requirements

 8  of chapter 231:

 9         (c)  Compensation and salary schedules.--Adopt a salary

10  schedule or salary schedules designed to furnish incentives

11  for improvement in training and for continued efficient

12  service to be used as a basis for paying all school employees,

13  such schedules to be arranged, insofar as practicable, so as

14  to furnish incentive for improvement in training and for

15  continued and efficient service and fix and authorize the

16  compensation of school employees on the basis thereof of such

17  schedules. A district school board, in determining the salary

18  schedule for instructional personnel, must base a portion of

19  each employee's compensation on performance demonstrated under

20  s. 231.29 and must consider the prior teaching experience of a

21  person who has been designated state teacher of the year by

22  any state in the United States. In developing the salary

23  schedule, the school board shall seek input from parents,

24  teachers, and representatives of the business community.

25         (g)  Awards and incentives.--Provide for recognition of

26  district employees, students, school volunteers, and or

27  advisory committee members who have contributed outstanding

28  and meritorious service in their fields or service areas.

29  After considering recommendations of the superintendent, the

30  board shall adopt rules establishing and regulating the

31  meritorious service awards necessary for the efficient

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  operation of the program. An award or incentive granted under

 2  this paragraph may not be considered in determining the salary

 3  schedules required by paragraph (c). Monetary awards shall be

 4  limited to persons who propose procedures or ideas which are

 5  adopted by the board and which will result in eliminating or

 6  reducing school board expenditures or improving district or

 7  school center operations.  Nonmonetary awards shall include,

 8  but are need not be limited to, certificates, plaques, medals,

 9  ribbons, and photographs.  The school board may is authorized

10  to expend funds for such recognition and awards.  No award

11  granted under the provisions of this paragraph shall exceed

12  $2,000 or 10 percent of the first year's gross savings,

13  whichever is greater.

14         (7)  COURSES OF STUDY AND OTHER INSTRUCTIONAL

15  AIDS.--Provide adequate instructional aids for all children as

16  follows and in accordance with the requirements of chapter

17  233.

18         (b)  Textbooks.--Provide for proper requisitioning,

19  equitable distribution, accounting, storage, care, and use of

20  all instructional materials textbooks and other books

21  furnished by the state and furnish such other instructional

22  materials textbooks and library books as may be needed. The

23  school board is responsible for assuring that instructional

24  materials used in the district are consistent with the

25  district goals and objectives and the curriculum frameworks

26  approved by the State Board of Education, as well as with the

27  state and district performance standards provided for in ss.

28  229.565 and 232.2454.

29         1.  The district shall make every effort to ensure that

30  every public school student within the district has a textbook

31  or the appropriate instructional materials for each of their

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 1  core courses. No distribution of instructional materials or

 2  allocation of instructional materials funds may be made by the

 3  school district to any school for the purpose of supplying

 4  additional sets of textbooks or instructional materials per

 5  student until such time as the district can be reasonably sure

 6  that all students in the district have been issued at least

 7  one set.

 8         2.  School districts are strongly encouraged to create

 9  and implement policies to address textbooks lost or destroyed

10  by students.

11         (10)  FINANCE.--Take steps to assure all children

12  adequate and equitable educational facilities through the

13  financial procedure authorized in chapters 236 and 237 and as

14  prescribed below:

15         (a)  Provide for all schools to operate at least 180

16  days.--Provide for the operation of all public schools, both

17  elementary and secondary, as free schools for a term of at

18  least 180 days or the equivalent on an hourly basis as

19  specified by regulations of the State Board of Education;

20  determine district school funds necessary in addition to state

21  funds to operate all schools for such minimum term; arrange

22  for the levying of district school taxes necessary to provide

23  the amount needed from district sources.

24         (b)  Annual budget.--Cause to be prepared, adopt, and

25  have submitted to the Department of Education as required by

26  law and by regulations of the state board, the annual school

27  budget, such budget to be so prepared and executed as to

28  promote the improvement of the district school system.

29         (c)  Tax levies.--Adopt and spread on its minutes a

30  resolution fixing the district school tax levy, provided for

31  under s. 9, Art. VII of the State Constitution, necessary to

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  carry on the school program adopted for the district for the

 2  next ensuing fiscal year as required by law, and fixing the

 3  district bond interest and sinking fund tax levy necessary for

 4  districts against which bonds are outstanding; adopt and

 5  spread on its minutes a resolution suggesting the tax levy

 6  provided for in s. 9, Art. VII of the State Constitution,

 7  found necessary to carry on the school program adopted for the

 8  district for the next ensuing fiscal year.

 9         (d)  School funds.--Require that an accurate account is

10  kept of all funds which should be transmitted to the school

11  board for school purposes at various periods during the year

12  from all sources and, if any funds are not transmitted

13  promptly, take the necessary steps to have such funds made

14  available.

15         (e)  Borrow money.--Borrow money, as prescribed in ss.

16  237.141-237.171, when necessary in anticipation of funds

17  reasonably to be expected during the year as shown by the

18  budget.

19         (f)  Financial records and accounts.--Provide for

20  keeping of accurate records of all financial transactions.

21         (g)  Approval and payment of accounts.--Implement a

22  system of accounting and budgetary control to ensure that

23  payments do not exceed amounts budgeted, as required by law;

24  make available all records for proper audit by state

25  officials; and have prepared required periodic statements to

26  be filed with the Department of Education as provided by rules

27  of the state board.

28         (h)  Bonds of employees.--Fix and prescribe the bonds,

29  and pay the premium on all such bonds, of all school employees

30  who are responsible for school funds in order to provide

31  reasonable safeguards for all such funds or property.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1         (i)  Contracts for materials, supplies, and

 2  services.--Contract for materials, supplies, and services

 3  needed for the district school system.  No contract for

 4  supplying these needs shall be made with any member of the

 5  school board, with the superintendent, or with any business

 6  organization in which any school board member or the

 7  superintendent has any financial interest whatsoever.

 8         (j)  Purchasing regulations to be secured from

 9  Department of Management Services.--Secure purchasing

10  regulations and amendments and changes thereto from the

11  Department of Management Services and prior to any purchase

12  have reported to it by its staff, and give consideration to

13  the lowest price available to it under such regulations,

14  provided a regulation applicable to the item or items being

15  purchased has been adopted by the department. The department

16  should meet with educational administrators to expand the

17  inventory of standard items for common usage in all schools

18  and higher education institutions.

19         (k)  Investment policies.--

20         1.  Adopt policies pertaining to the investment of

21  school funds not needed for immediate expenditures, after

22  considering the recommendations of the superintendent.  The

23  adopted policies shall make provisions for investing or

24  placing on deposit all such funds in order to earn the maximum

25  possible yield under the circumstances from such investments

26  or deposits.  The method of determining the maximum yield on

27  investments or deposits shall include, but not necessarily be

28  limited to, bids from qualified depositories, yields from

29  certificates of deposit, yields from time deposits, yields

30  from securities guaranteed by the Government of the United

31  States, or other forms of investments authorized by law.

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    Bill No. CS for CS for SB 1756

    Amendment No.    





 1         2.  Part of the funds available for investment may be

 2  set aside to invest in time deposits or savings accounts in

 3  banks or savings and loan associations on the federal list of

 4  minority financial institutions designated as authorized

 5  depositories.  The investment of such funds must be

 6  competitively bid among such minority financial institutions

 7  located within the school district boundaries and must be in

 8  compliance with s. 236.24 and chapter 280.  The amount of

 9  funds designated for such investment shall be determined by

10  the school board and may be based on the percentage of

11  minorities within the population of the school district.

12         (l)  Protection against loss.--Provide for adequate

13  protection against any loss or damage to school property or

14  loss resulting from any liability for which the board or its

15  officers, agents, or employees may be responsible under law.

16  In fulfilling this responsibility, the board is authorized and

17  empowered to purchase insurance, to be self-insured, to enter

18  into risk management programs managed by district school

19  boards, school-related associations, or insurance companies,

20  or to have any combination thereof in any area to the extent

21  the board is either authorized or required by law to contract

22  for insurance.  Any risk management program entered into

23  pursuant to this subsection shall provide for strict

24  accountability of all funds to the member school boards and an

25  annual audit by an independent certified public accountant of

26  all receipts and disbursements.

27         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

28  ACCOUNTABILITY.--Maintain a system of school improvement and

29  education accountability as provided by statute and State

30  Board of Education rule. This system of school improvement and

31  education accountability shall be consistent with, and

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  implemented through, the district's continuing system of

 2  planning and budgeting required by this section and ss.

 3  229.555 and 237.041. This system of school improvement and

 4  education accountability shall include, but is not be limited

 5  to, the following:

 6         (a)  School improvement plans.--Annually approve and

 7  require implementation of a new, amended, or continuation

 8  school improvement plan for each school in the district.  Such

 9  plan shall be designed to achieve the state education goals

10  and student performance standards pursuant to ss. 229.591(3)

11  and 229.592. Beginning in 1999-2000, each plan shall also

12  address issues relative to budget, training, instructional

13  materials, technology, staffing, student support services, and

14  other matters of resource allocation, as determined by school

15  board policy, and shall be based on an analysis of student

16  achievement and other school performance data.

17         (b)  Approval process.--Develop a process for approval

18  of a school improvement plan presented by an individual school

19  and its advisory council. In the event a board does not

20  approve a school improvement plan after exhausting this

21  process, the Department of Education Florida Commission on

22  Education Reform and Accountability shall be notified of the

23  need for assistance.

24         (c)  Assistance and intervention.--Develop a 2-year

25  3-year plan of increasing individualized assistance and

26  intervention for each school in danger of that does not

27  meeting state standards meet or making make adequate progress,

28  based upon the recommendations of the commission, as defined

29  pursuant to statute and State Board of Education rule, toward

30  meeting the goals and standards of its approved school

31  improvement plan.  A school that is identified as being in

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  performance grade category "D" pursuant to s. 229.57 is in

 2  danger of failing and must be provided assistance and

 3  intervention.

 4         (d)  After 2 3 years.--Notify the Commissioner of

 5  Florida Commission on Education Reform and Accountability and

 6  the State Board of Education in the event any school does not

 7  make adequate progress toward meeting the goals and standards

 8  of a school improvement plan by the end of 2 3 consecutive

 9  years of failing to make adequate progress or remaining under

10  probationary status pursuant to s. 229.0535 district

11  assistance and intervention and proceed according to

12  guidelines developed pursuant to statute and State Board of

13  Education rule. School districts shall provide intervention

14  and assistance to schools in danger of being designated as

15  performance grade category "F," failing to make adequate

16  progress.

17         (e)  Public disclosure.--Provide information regarding

18  performance of students and educational programs as required

19  pursuant to ss. s. 229.555 and 229.57(5) and implement a

20  system of school reports as required by statute and State

21  Board of Education rule. Annual public disclosure reports

22  shall be in an easy-to-read report card format, and shall

23  include the school's student and school performance grade

24  category designation and performance data as specified in

25  state board rule.

26         (f)  School improvement funds.--Provide funds to

27  schools for developing and implementing school improvement

28  plans. Such funds shall include those funds appropriated for

29  the purpose of school improvement pursuant to s. 24.121(5)(c).

30         (17)  LOCAL-LEVEL DECISIONMAKING.--

31         (a)  Adopt policies that clearly encourage and enhance

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  maximum decisionmaking appropriate to the school site. Such

 2  policies must include guidelines for schools in the adoption

 3  and purchase of district and school site instructional

 4  materials and technology, staff training, school advisory

 5  council member training, student support services, budgeting,

 6  and the allocation of staff resources.

 7         (b)  Adopt waiver process policies to enable all

 8  schools to exercise maximum flexibility and notify advisory

 9  councils of processes to waive school district and state

10  policies.

11         (c)  Develop policies for periodically monitoring the

12  membership composition of school advisory councils to ensure

13  compliance with requirements established in s. 229.58.

14         (d)  Adopt policies that assist in giving greater

15  autonomy, including authority over the allocation of the

16  school's budget, to schools designated as performance grade

17  category "A," making excellent progress, and schools rated as

18  having improved at least two performance grade categories.

19         (18)  ADOPT RULES.--Adopt rules pursuant to ss.

20  120.536(1) and 120.54 to implement the provisions of this

21  section.

22         Section 13.  Paragraph (a) of subsection (3) of section

23  231.29, Florida Statutes, 1998 Supplement, is amended to read:

24         231.29  Assessment procedures and criteria.--

25         (3)  The assessment procedure for instructional

26  personnel shall comply with, but shall not be limited to, the

27  following requirements:

28         (a)  An assessment shall be conducted for each employee

29  at least once a year. The assessment shall be based upon sound

30  educational principles and contemporary research in effective

31  educational practices. Beginning with the full implementation

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  of an annual assessment of learning gains, the assessment must

 2  primarily use data and indicators of improvement in student

 3  performance assessed annually as specified in s. 229.57 and

 4  may consider results of peer reviews in evaluating the

 5  employee's performance. The assessment criteria must include,

 6  but are not limited to, indicators that relate to the

 7  following:

 8         1.  Ability to maintain appropriate discipline.

 9         2.  Knowledge of subject matter. The district school

10  board shall make special provisions for evaluating teachers

11  who are assigned to teach out-of-field.

12         3.  Ability to plan and deliver instruction.

13         4.  Ability to evaluate instructional needs.

14         5.  Ability to communicate with parents.

15         6.  Other professional competencies, responsibilities,

16  and requirements as established by rules of the State Board of

17  Education and policies of the district school board.

18         Section 14.  Subsection (2) of section 231.2905,

19  Florida Statutes, is amended, and subsection (3) is added to

20  that section, to read:

21         231.2905  Florida School Recognition Program.--

22         (2)  The Florida School Recognition Program is created

23  to provide greater autonomy and financial awards to faculty

24  and staff of schools that sustain high performance or that

25  demonstrate exemplary improvement due to innovation and

26  effort.  The Commissioner of Education shall establish

27  statewide objective criteria for schools to be invited to

28  apply for the Florida School Recognition Program. The

29  selection of schools must be based on at least 2 school years

30  of data, when available. To participate in the program, a

31  school district must have incorporated a performance incentive

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  program into its employee salary structure. All public

 2  schools, including charter schools, are eligible to

 3  participate in the program.

 4         (a)  Initial criteria for identification of schools

 5  must rely on the school's data and statewide data and must

 6  include, but is not be limited to:

 7         (a)1.  Improvement in the school's student achievement

 8  data.

 9         (b)2.  Statewide student achievement data.

10         (c)  Student learning gains when such data become

11  available.

12         (d)3.  Readiness for postsecondary education data.

13         (e)4.  Dropout rates.

14         (f)5.  Attendance rates.

15         (g)  Graduation rates.

16         (h)  Cohort graduation rates.

17         (b)  After a pool of eligible schools has been

18  identified, schools must apply for final recognition and

19  financial awards based on established criteria.  Criteria must

20  include, but not be limited to:

21         1.  School climate, including rates of school violence

22  and crime.

23         2.  Indicators of innovation in teaching and learning.

24         3.  Indicators of successful challenging school

25  improvement plans.

26         4.  Parent, community, and student involvement in

27  learning.

28         (c)  After identification of schools for final

29  recognition and financial awards, awards must be distributed

30  based on employee performance criteria established in district

31  school board policy.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1         (3)  The School Recognition Program shall utilize the

 2  school performance grade category designations in s. 229.57.

 3         Section 15.  Subsection (12) of section 228.053,

 4  Florida Statutes, is amended to read:

 5         228.053  Developmental research schools.--

 6         (12)  EXCEPTIONS TO LAW.--To encourage innovative

 7  practices and facilitate the mission of the developmental

 8  research schools, in addition to the exceptions to law

 9  specified in s. 229.592(6), the following exceptions shall be

10  permitted for developmental research schools:

11         (a)  The methods and requirements of the following

12  statutes shall be held in abeyance:  ss. 230.01; 230.02;

13  230.03; 230.04; 230.05; 230.061; 230.08; 230.10; 230.105;

14  230.11; 230.12; 230.15; 230.16; 230.17; 230.173; 230.18;

15  230.19; 230.201; 230.202; 230.21; 230.22; 230.2215; 230.2318;

16  230.232; 230.24; 230.241; 230.26; 230.28; 230.30; 230.303;

17  230.31; 230.32; 230.321; 230.33; 230.35; 230.39; 230.63;

18  230.64; 230.643; 234.01; 234.021; 234.112; 236.25; 236.261;

19  236.29; 236.31; 236.32; 236.35; 236.36; 236.37; 236.38;

20  236.39; 236.40; 236.41; 236.42; 236.43; 236.44; 236.45;

21  236.46; 236.47; 236.48; 236.49; 236.50; 236.51; 236.52;

22  236.55; 236.56; 237.051; 237.071; 237.091; 237.201; 237.40;

23  and 316.75. With the exception of subsection (16) of s.

24  230.23, s. 230.23 shall be held in abeyance. Reference to

25  school boards in s. 230.23(16) shall mean the president of the

26  university or the president's designee.

27         (b)  The following statutes or related rules may be

28  waived for any developmental research school so requesting,

29  provided the general statutory purpose of each section is met

30  and the developmental research school has submitted a written

31  request to the Joint Developmental Research School Planning,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  Articulation, and Evaluation Committee for approval pursuant

 2  to this subsection:  ss. 229.555; 231.291; 232.2462; 232.36;

 3  233.34; 237.01; 237.02; 237.031; 237.041; 237.061; 237.081;

 4  237.111; 237.121; 237.131; 237.141; 237.151; 237.161; 237.162;

 5  237.171; 237.181; 237.211; and 237.34. Notwithstanding

 6  reference to the responsibilities of the superintendent or

 7  school board in chapter 237, developmental research schools

 8  shall follow the policy intent of the chapter and shall, at

 9  least, adhere to the general state agency accounting

10  procedures established in s. 11.46.

11         1.  Two or more developmental research schools may

12  jointly originate a request for waiver and submit the request

13  to the committee if such waiver is approved by the school

14  advisory council of each developmental research school

15  desiring the waiver.

16         2.  A developmental research school may submit a

17  request to the committee for a waiver if such request is

18  presented by a school advisory council established pursuant to

19  s. 229.58, if such waiver is required to implement a school

20  improvement plan required by s. 230.23(16), and if such

21  request is made using forms established pursuant to s.

22  229.592(6). The Joint Developmental Research School Planning,

23  Articulation, and Evaluation Committee shall monitor the

24  waiver activities of all developmental research schools and

25  shall report annually to the department and the Florida

26  Commission on Education Reform and Accountability, in

27  conjunction with the feedback report required pursuant to s.

28  229.592(3), the number of waivers requested and submitted to

29  the committee by developmental research schools, and the

30  number of such waiver requests not approved. For each waiver

31  request not approved, the committee shall report the statute

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  or rule for which the waiver was requested, the rationale for

 2  the developmental research school request, and the reason the

 3  request was not approved.

 4         (c)  The written request for waiver of statute or rule

 5  shall indicate at least how the general statutory purpose will

 6  be met, how granting the waiver will assist schools in

 7  improving student outcomes related to the student performance

 8  standards adopted pursuant to s. 229.592(5), and how student

 9  improvement will be evaluated and reported. In considering any

10  waiver, the committee shall ensure protection of the health,

11  safety, welfare, and civil rights of the students and

12  protection of the public interest.

13         (d)  The procedure established in s. 229.592(6)(f)

14  shall be followed for any request for a waiver which is not

15  denied, or for which a request for additional information is

16  not issued. Notwithstanding the request provisions of s.

17  229.592(6), developmental research schools shall request all

18  waivers through the Joint Developmental Research School

19  Planning, Articulation, and Evaluation Committee, as

20  established in s. 228.054. The committee shall approve or

21  disapprove said requests pursuant to this subsection and s.

22  229.592(6); however, the Commissioner of Education shall have

23  standing to challenge any decision of the committee should it

24  adversely affect the health, safety, welfare, or civil rights

25  of the students or public interest. The department shall

26  immediately notify the committee and developmental research

27  school of the decision and provide a rationale therefor.

28         Section 16.  Paragraph (e) of subsection (2) of section

29  228.054, Florida Statutes, is amended to read:

30         228.054  Joint Developmental Research School Planning,

31  Articulation, and Evaluation Committee.--

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    Bill No. CS for CS for SB 1756

    Amendment No.    





 1         (2)  The committee shall have the duty and

 2  responsibility to:

 3         (e)  Provide assistance to schools in the waiver

 4  process established under s. 228.053(12), review and approve

 5  or disapprove waivers requested pursuant to ss. 228.053(12)

 6  and 229.592(6), and annually review, identify, and report to

 7  the Legislature additional barriers and statutes that hinder

 8  the implementation of s. 228.053.

 9         Section 17.  Subsection (3) of section 233.17, Florida

10  Statutes, is amended to read:

11         233.17  Term of adoption for instructional materials.--

12         (3)  The department shall publish annually an official

13  schedule of subject areas to be called for adoption for each

14  of the succeeding 2 years, and a tentative schedule for years

15  3, 4, 5, and 6. If extenuating circumstances warrant, the

16  Commissioner of Education may order the department to add one

17  or more subject areas to the official schedule, in which event

18  the commissioner shall develop criteria for such additional

19  subject area or areas pursuant to s. 229.512(18)(15) and make

20  them available to publishers as soon as practicable.

21  Notwithstanding the provisions of s. 229.512(18)(15), the

22  criteria for such additional subject area or areas may be

23  provided to publishers less than 24 months before the date on

24  which bids are due. The schedule shall be developed so as to

25  promote balance among the subject areas so that the required

26  expenditure for new instructional materials is approximately

27  the same each year in order to maintain curricular

28  consistency.

29         Section 18.  Subsection (6) of section 236.685, Florida

30  Statutes, is amended to read:

31         236.685  Educational funding accountability.--

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1         (6)  The annual school public accountability report

 2  required by ss. 229.592(5) and 230.23(16)(18) must include a

 3  school financial report. The purpose of the school financial

 4  report is to better inform parents and the public concerning

 5  how revenues were spent to operate the school during the prior

 6  fiscal year. Each school's financial report must follow a

 7  uniform, districtwide format that is easy to read and

 8  understand.

 9         (a)  Total revenue must be reported at the school,

10  district, and state levels. The revenue sources that must be

11  addressed are state and local funds, other than lottery funds;

12  lottery funds; federal funds; and private donations.

13         (b)  Expenditures must be reported as the total

14  expenditures per unweighted full-time equivalent student at

15  the school level and the average expenditures per full-time

16  equivalent student at the district and state levels in each of

17  the following categories and subcategories:

18         1.  Teachers, excluding substitute teachers, and

19  teacher aides who provide direct classroom instruction to

20  students enrolled in programs classified by s. 236.081 as:

21         a.  Basic programs;

22         b.  Students-at-risk programs;

23         c.  Special programs for exceptional students;

24         d.  Career education programs; and

25         e.  Adult programs.

26         2.  Substitute teachers.

27         3.  Other instructional personnel, including

28  school-based instructional specialists and their assistants.

29         4.  Contracted instructional services, including

30  training for instructional staff and other contracted

31  instructional services.

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    Bill No. CS for CS for SB 1756

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 1         5.  School administration, including school-based

 2  administrative personnel and school-based education support

 3  personnel.

 4         6.  The following materials, supplies, and operating

 5  capital outlay:

 6         a.  Textbooks;

 7         b.  Computer hardware and software;

 8         c.  Other instructional materials;

 9         d.  Other materials and supplies; and

10         e.  Library media materials.

11         7.  Food services.

12         8.  Other support services.

13         9.  Operation and maintenance of the school plant.

14         (c)  The school financial report must also identify the

15  types of district-level expenditures that support the school's

16  operations. The total amount of these district-level

17  expenditures must be reported and expressed as total

18  expenditures per full-time equivalent student.

19

20  As used in this subsection, the term "school" means a "school

21  center" as defined by s. 228.041.

22         Section 19.  Effective July 1, 1999, section 236.08104,

23  Florida Statutes, is created to read:

24         236.08104  Supplemental academic instruction;

25  categorical fund.--

26         (1)  There is created a categorical fund to provide

27  supplemental academic instruction to students in kindergarten

28  through grade 12.  This section may be cited as the

29  "Supplemental Academic Achievement Categorical Fund."

30         (2)  Categorical funds for supplemental academic

31  instruction shall be allocated annually to each school

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 1  district in the amount provided in the General Appropriations

 2  Act.  These funds shall be in addition to the funds

 3  appropriated on the basis of full-time equivalent student

 4  (FTE) membership in the Florida Education Finance Program and

 5  shall be included in the total potential funds of each

 6  district.  These funds shall be used only to provide

 7  supplemental academic instruction to students enrolled in the

 8  K-12 program.  Supplemental instruction may include methods

 9  such as lowering class size, providing after-school tutoring,

10  holding Saturday morning sessions, and other methods for

11  improving student achievement and may be provided to a student

12  in any manner and at any time during or beyond the regular

13  180-day term identified by the school as being the most

14  effective and efficient way to best help that student progress

15  from grade to grade and to graduate.

16         (3)  Effective with the 1999-2000 fiscal year, funding

17  on the basis of FTE membership beyond the 180-day regular term

18  shall be provided in the FEFP only for students enrolled

19  pursuant to s. 236.013(2)(c)2.a.  Funding for instruction

20  beyond the regular 180-day school year for all other K-12

21  students shall be provided through the supplemental academic

22  instruction categorical fund and other state, federal, and

23  local fund sources with ample flexibility for schools to

24  provide supplemental instruction to assist students in

25  progressing from grade to grade and graduating.

26         Section 20.  Effective July 1, 1999, paragraph (c) of

27  subsection (2) of section 236.013, Florida Statutes, is

28  amended to read:

29         236.013  Definitions.--Notwithstanding the provisions

30  of s. 228.041, the following terms are defined as follows for

31  the purposes of this act:

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 1         (2)  A "full-time equivalent student" in each program

 2  of the district is defined in terms of full-time students and

 3  part-time students as follows:

 4         (c)1.  A "full-time equivalent student" is:

 5         a.  A full-time student in any one of the programs

 6  listed in s. 236.081(1)(c); or

 7         b.  A combination of full-time or part-time students in

 8  any one of the programs listed in s. 236.081(1)(c) which is

 9  the equivalent of one full-time student based on the following

10  calculations:

11         (I)  A full-time student, except a postsecondary or

12  adult student or a senior high school student enrolled in

13  adult education when such courses are required for high school

14  graduation, in a combination of programs listed in s.

15  236.081(1)(c) shall be a fraction of a full-time equivalent

16  membership in each special program equal to the number of net

17  hours per school year for which he or she is a member, divided

18  by the appropriate number of hours set forth in subparagraph

19  (a)1. or subparagraph (a)2.; the difference between that

20  fraction or sum of fractions and the maximum value as set

21  forth in subsection (5) for each full-time student is presumed

22  to be the balance of the student's time not spent in such

23  special education programs and shall be recorded as time in

24  the appropriate basic program.

25         (II)  A student in the basic half-day kindergarten

26  program of not less than 450 net hours shall earn one-half of

27  a full-time equivalent membership.

28         (III)  A half-day kindergarten student in a combination

29  of programs listed in s. 236.081(1)(c) is a fraction of a

30  full-time equivalent membership in each special program equal

31  to the number of net hours or major portion thereof per school

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 1  year for which he or she is a member divided by the number of

 2  hours set forth in sub-sub-subparagraph (II); the difference

 3  between that fraction and the number of hours set forth in

 4  sub-sub-subparagraph (II) for each full-time student in

 5  membership in a half-day kindergarten program is presumed to

 6  be the balance of the student's time not spent in such special

 7  education programs and shall be recorded as time in the

 8  appropriate basic program.

 9         (IV)  A part-time student, except a postsecondary or

10  adult student, is a fraction of a full-time equivalent

11  membership in each basic and special program equal to the

12  number of net hours or major fraction thereof per school year

13  for which he or she is a member, divided by the appropriate

14  number of hours set forth in subparagraph (a)1. or

15  subparagraph (a)2.

16         (V)  A postsecondary or adult student or a senior high

17  school student enrolled in adult education when such courses

18  are required for high school graduation is a portion of a

19  full-time equivalent membership in each special program equal

20  to the net hours or major fraction thereof per fiscal year for

21  which he or she is a member, divided by the appropriate number

22  of hours set forth in subparagraph (a)1. or subparagraph (a)2.

23         (VI)  A full-time student who is part of a program

24  authorized by subparagraph (a)3. in a combination of programs

25  listed in s. 236.081(1)(c) is a fraction of a full-time

26  equivalent membership in each regular or special program equal

27  to the number of net hours per school year for which he or she

28  is a member, divided by the appropriate number of hours set

29  forth in subparagraph (a)1. or subparagraph (a)2.

30         (II)(VII)  A prekindergarten handicapped student shall

31  meet the requirements specified for kindergarten students.

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 1         2.  A student in membership in a program scheduled for

 2  more or less than 180 school days is a fraction of a full-time

 3  equivalent membership equal to the number of instructional

 4  hours in membership divided by the appropriate number of hours

 5  set forth in subparagraph (a)1.; however, for the purposes of

 6  this subparagraph, membership in programs scheduled for more

 7  than 180 days is limited to:

 8         a.  Support level III, IV, and V Special programs for

 9  exceptional students with disabilities;

10         b.  Special vocational-technical programs;

11         c.  Special adult general education programs;

12         b.d.  Residential Dropout prevention programs as

13  defined in s. 230.2316 for students in residential programs

14  operated by the Department of Children and Family Services;

15  programs operated by the Department of Juvenile Justice as

16  defined in s. 230.23161 in which students receive educational

17  services; or teenage parent programs as defined in s.

18  230.23166 for students who are in need of such additional

19  instruction;

20         c.e.  Dropout prevention programs as defined in s.

21  230.2316 in which students are placed for academic or

22  disciplinary purposes or Programs in English for speakers of

23  other languages as defined in s. 233.058 for students who were

24  in membership for all of the last 15 days of the 180-day term

25  or a total of 30 days within the 180-day term and are in need

26  of such additional instruction;

27         f.  Other basic programs offered for promotion or

28  credit instruction as defined by rules of the state board; and

29         g.  Programs which modify the school year to

30  accommodate the needs of children who have moved with their

31  parents for the purpose of engaging in the farm labor or fish

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 1  industries, provided such programs are approved by the

 2  commissioner.

 3

 4  The department shall determine and implement an equitable

 5  method of equivalent funding for experimental schools and for

 6  schools operating under emergency conditions, which schools

 7  have been approved by the department under the provisions of

 8  s. 228.041(13) to operate for less than the minimum school

 9  day.

10         Section 21.  For the purpose of incorporating the

11  amendments made by this act to section 230.23, Florida

12  Statutes, in references thereto, paragraphs (b), (c), and (d)

13  of subsection (5) of section 24.121, Florida Statutes, 1998

14  Supplement, are reenacted to read:

15         24.121  Allocation of revenues and expenditure of funds

16  for public education.--

17         (5)

18         (b)  Except as provided in paragraphs (c), (d), and

19  (e), the Legislature shall equitably apportion moneys in the

20  trust fund among public schools, community colleges, and

21  universities.

22         (c)  A portion of such net revenues, as determined

23  annually by the Legislature, shall be distributed to each

24  school district and shall be made available to each public

25  school in the district for enhancing school performance

26  through development and implementation of a school improvement

27  plan pursuant to s. 230.23(16). A portion of these moneys, as

28  determined annually in the General Appropriations Act, must be

29  allocated to each school in an equal amount for each student

30  enrolled.  These moneys may be expended only on programs or

31  projects selected by the school advisory council or by a

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 1  parent advisory committee created pursuant to this paragraph.

 2  If a school does not have a school advisory council, the

 3  district advisory council must appoint a parent advisory

 4  committee composed of parents of students enrolled in that

 5  school, which committee is representative of the ethnic,

 6  racial, and economic community served by the school, to advise

 7  the school's principal on the programs or projects to be

 8  funded.  A principal may not override the recommendations of

 9  the school advisory council or the parent advisory committee.

10  These moneys may not be used for capital improvements, nor may

11  they be used for any project or program that has a duration of

12  more than 1 year; however, a school advisory council or parent

13  advisory committee may independently determine that a program

14  or project formerly funded under this paragraph should receive

15  funds in a subsequent year.

16         (d)  No funds shall be released for any purpose from

17  the Educational Enhancement Trust Fund to any school district

18  in which one or more schools do not have an approved school

19  improvement plan pursuant to s. 230.23(16) or do not comply

20  with school advisory council membership composition

21  requirements pursuant to s. 229.58(1).

22         Section 22.  For the purpose of incorporating the

23  amendments made by this act to sections 229.57 and 232.245,

24  Florida Statutes, in references thereto, paragraph (b) of

25  subsection (1) of section 120.81, Florida Statutes, is

26  reenacted to read:

27         120.81  Exceptions and special requirements; general

28  areas.--

29         (1)  EDUCATIONAL UNITS.--

30         (b)  Notwithstanding s. 120.52(15), any tests, test

31  scoring criteria, or testing procedures relating to student

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 1  assessment which are developed or administered by the

 2  Department of Education pursuant to s. 229.57, s. 232.245, s.

 3  232.246, or s. 232.247, or any other statewide educational

 4  tests required by law, are not rules.

 5         Section 23.  For the purpose of incorporating the

 6  amendments made by this act to section 230.23, Florida

 7  Statutes, in references thereto, subsections (3) and (8) of

 8  section 228.053, Florida Statutes, are reenacted and amended

 9  to read:

10         228.053  Developmental research schools.--

11         (3)  MISSION.--The mission of a developmental research

12  school shall be the provision of a vehicle for the conduct of

13  research, demonstration, and evaluation regarding management,

14  teaching, and learning. Programs to achieve the mission of a

15  developmental research school shall embody the goals and

16  standards of "Blueprint 2000" established pursuant to ss.

17  229.591 and 229.592 and shall ensure an appropriate education

18  for its students.

19         (a)  Each developmental research school shall emphasize

20  mathematics, science, computer science, and foreign languages.

21  The primary goal of a developmental research school is to

22  enhance instruction and research in such specialized subjects

23  by using the resources available on a state university campus,

24  while also providing an education in nonspecialized subjects.

25  Each developmental research school shall provide sequential

26  elementary and secondary instruction where appropriate. A

27  developmental research school may not provide instruction at

28  grade levels higher than grade 12 without authorization from

29  the State Board of Education. Each developmental research

30  school shall develop and implement a school improvement plan

31  pursuant to s. 230.23(16).

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 1         (b)  Research, demonstration, and evaluation conducted

 2  at a developmental research school may be generated by the

 3  college of education with which the school is affiliated.

 4         (c)  Research, demonstration, and evaluation conducted

 5  at a developmental research school may be generated by the

 6  Education Standards Commission. Such research shall respond to

 7  the needs of the education community at large, rather than the

 8  specific needs of the affiliated college.

 9         (d)  Research, demonstration, and evaluation conducted

10  at a developmental research school may consist of pilot

11  projects to be generated by the affiliated college, the

12  Education Standards Commission, or the Legislature.

13         (e)  The exceptional education programs offered at a

14  developmental research school shall be determined by the

15  research and evaluation goals and the availability of students

16  for efficiently sized programs. The fact that a developmental

17  research school offers an exceptional education program in no

18  way lessens the general responsibility of the local school

19  district to provide exceptional education programs.

20         (8)  ADVISORY BOARDS.--"Blueprint 2000" provisions and

21  intent specify that Each public school in the state shall

22  establish a school advisory council that is reflective of the

23  population served by the school, pursuant to s. 229.58, and is

24  responsible for the development and implementation of the

25  school improvement plan pursuant to s. 230.23(16).

26  Developmental research schools shall comply with the

27  provisions of s. 229.58 in one of two ways:

28         (a)  Two advisory bodies.--Each developmental research

29  school may:

30         1.  Establish an advisory body pursuant to the

31  provisions and requirements of s. 229.58 to be responsible for

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 1  the development and implementation of the school improvement

 2  plan, pursuant to s. 230.23(16).

 3         2.  Establish an advisory board to provide general

 4  oversight and guidance. The dean of the affiliated college of

 5  education shall be a standing member of the board, and the

 6  president of the university shall appoint three faculty

 7  members from the college of education, one layperson who

 8  resides in the county in which the school is located, and two

 9  parents or legal guardians of students who attend the

10  developmental research school to serve on the advisory board.

11  The term of each member shall be for 2 years, and any vacancy

12  shall be filled with a person of the same classification as

13  his or her predecessor for the balance of the unexpired term.

14  The president shall stagger the terms of the initial

15  appointees in a manner that results in the expiration of terms

16  of no more than two members in any year. The president shall

17  call the organizational meeting of the board. The board shall

18  annually elect a chair and a vice chair. There shall be no

19  limitation on successive appointments to the board or

20  successive terms that may be served by a chair or vice chair.

21  The board shall adopt internal organizational procedures or

22  bylaws necessary for efficient operation as provided in

23  chapter 120. Board members shall not receive per diem or

24  travel expenses for the performance of their duties.  The

25  board shall:

26         a.  Meet at least quarterly.

27         b.  Monitor the operations of the school and the

28  distribution of moneys allocated for such operations.

29         c.  Establish necessary policy, program, and

30  administration modifications.

31         d.  Evaluate biennially the performance of the director

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 1  and principal and recommend corresponding action to the dean

 2  of the college of education.

 3         e.  Annually review evaluations of the school's

 4  operation and research findings.

 5         (b)  One advisory body.--Each developmental research

 6  school may establish an advisory body responsible for the

 7  development and implementation of the school improvement plan,

 8  pursuant to s. 230.23(16), in addition to general oversight

 9  and guidance responsibilities. The advisory body shall reflect

10  the membership composition requirements established in s.

11  229.58, but may also include membership by the dean of the

12  college of education and additional members appointed by the

13  president of the university that represent faculty members

14  from the college of education, the university, or other bodies

15  deemed appropriate for the mission of the school.

16         Section 24.  Paragraphs (b), (c), and (d) of subsection

17  (6) of section 228.0565, Florida Statutes, 1998 Supplement,

18  are amended to read:

19         228.0565  Deregulated public schools.--

20         (6)  ELEMENTS OF THE PROPOSAL.--The major issues

21  involving the operation of a deregulated public school shall

22  be considered in advance and written into the proposal.

23         (b)  The school shall make annual progress reports to

24  the district, which upon verification shall be forwarded to

25  the Commissioner of Education at the same time as other annual

26  school accountability reports.  The report shall contain at

27  least the following information:

28         1.  The school's progress towards achieving the goals

29  outlined in its proposal.

30         2.  The information required in the annual school

31  report pursuant to s. 229.592.

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 1         3.  Financial records of the school, including revenues

 2  and expenditures.

 3         4.  Salary and benefit levels of school employees.

 4         (c)  A school district shall ensure that the proposal

 5  is innovative and consistent with the state education goals

 6  established by s. 229.591.

 7         (d)  Upon receipt of the annual report required by

 8  paragraph (b), the Department of Education shall provide to

 9  the State Board of Education, the Commissioner of Education,

10  the President of the Senate, and the Speaker of the House of

11  Representatives with a copy of each report and an analysis and

12  comparison of the overall performance of students, to include

13  all students in deregulated public schools whose scores are

14  counted as part of the statewide norm-referenced assessment

15  tests, versus comparable public school students in the

16  district as determined by FCAT and district norm-referenced

17  assessment tests currently administered in the school

18  district, and, as appropriate, the Florida Writes Assessment

19  Test, the High School Competency Test, and other assessments

20  administered pursuant to s. 229.57(3).

21         Section 25.  For the purpose of incorporating the

22  amendments made by this act to section 229.57, Florida

23  Statutes, in references thereto, subsection (1) of section

24  228.301, Florida Statutes, is reenacted to read:

25         228.301  Test security.--

26         (1)  It is unlawful for anyone knowingly and willfully

27  to violate test security rules adopted by the State Board of

28  Education or the Commissioner of Education for mandatory tests

29  administered by or through the State Board of Education or the

30  Commissioner of Education to students, educators, or

31  applicants for certification or administered by school

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    Bill No. CS for CS for SB 1756

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 1  districts pursuant to s. 229.57, or, with respect to any such

 2  test, knowingly and willfully to:

 3         (a)  Give examinees access to test questions prior to

 4  testing;

 5         (b)  Copy, reproduce, or use in any manner inconsistent

 6  with test security rules all or any portion of any secure test

 7  booklet;

 8         (c)  Coach examinees during testing or alter or

 9  interfere with examinees' responses in any way;

10         (d)  Make answer keys available to examinees;

11         (e)  Fail to follow security rules for distribution and

12  return of secure test as directed, or fail to account for all

13  secure test materials before, during, and after testing;

14         (f)  Fail to follow test administration directions

15  specified in the test administration manuals; or

16         (g)  Participate in, direct, aid, counsel, assist in,

17  or encourage any of the acts prohibited in this section.

18         Section 26.  For the purpose of incorporating the

19  amendments made by this act to sections 229.555, 229.565, and

20  229.57, Florida Statutes, in references thereto, subsections

21  (1) and (3) of section 229.551, Florida Statutes, 1998

22  Supplement, are reenacted to read:

23         229.551  Educational management.--

24         (1)  The department is directed to identify all

25  functions which under the provisions of this act contribute

26  to, or comprise a part of, the state system of educational

27  accountability and to establish within the department the

28  necessary organizational structure, policies, and procedures

29  for effectively coordinating such functions.  Such policies

30  and procedures shall clearly fix and delineate

31  responsibilities for various aspects of the system and for

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 1  overall coordination of the total system.  The commissioner

 2  shall perform the following duties and functions:

 3         (a)  Coordination of department plans for meeting

 4  educational needs and for improving the quality of education

 5  provided by the state system of public education;

 6         (b)  Coordination of management information system

 7  development for all levels of education and for all divisions

 8  of the department, to include the development and utilization

 9  of cooperative education computing networks for the state

10  system of public education;

11         (c)  Development of database definitions and all other

12  items necessary for full implementation of a comprehensive

13  management information system as required by s. 229.555;

14         (d)  Coordination of all planning functions for all

15  levels and divisions within the department;

16         (e)  Coordination of all cost accounting and cost

17  reporting activities for all levels of education, including

18  public schools, vocational programs, community colleges, and

19  institutions in the State University System;

20         (f)  Development and coordination of a common course

21  designation and numbering system for postsecondary education

22  in school districts, community colleges, participating

23  nonpublic postsecondary education institutions, and the State

24  University System which will improve program planning,

25  increase communication among all postsecondary delivery

26  systems, and facilitate the transfer of students.  The system

27  shall not encourage or require course content prescription or

28  standardization or uniform course testing, and the continuing

29  maintenance of the system shall be accomplished by appropriate

30  faculty committees representing public and participating

31  nonpublic institutions. The Articulation Coordinating

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 1  Committee, whose membership represents public and nonpublic

 2  postsecondary institutions, shall:

 3         1.  Identify the highest demand degree programs within

 4  the State University System.

 5         2.  Conduct a study of courses offered by universities

 6  and accepted for credit toward a degree.  The study shall

 7  identify courses designated as either general education or

 8  required as a prerequisite for a degree.  The study shall also

 9  identify these courses as upper-division level or

10  lower-division level.

11         3.  Appoint faculty committees representing both

12  community college and university faculties to recommend a

13  single level for each course included in the common course

14  numbering and designation system.  Any course designated as an

15  upper-division level course must be characterized by a need

16  for advanced academic preparation and skills that a student

17  would be unlikely to achieve without significant prior

18  coursework. A course that is offered as part of an associate

19  in science degree program and as an upper-division course for

20  a baccalaureate degree shall be designated for both the lower

21  and upper division. Of the courses required for each

22  baccalaureate degree, at least half of the credit hours

23  required for the degree shall be achievable through courses

24  designated as lower-division courses, except in degree

25  programs approved by the Board of Regents pursuant to s.

26  240.209(5)(e).  A course designated as lower-division may be

27  offered by any community college. The Articulation

28  Coordinating Committee shall recommend to the State Board of

29  Education the levels for the courses.  The common course

30  numbering and designation system shall include the courses at

31  the recommended levels, and, by fall semester of 1996, the

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 1  registration process at each state university and community

 2  college shall include the courses at their designated levels

 3  and common course numbers.

 4         4.  Appoint faculty committees representing both

 5  community college and university faculties to recommend those

 6  courses identified to meet general education requirements

 7  within the subject areas of communication, mathematics, social

 8  sciences, humanities, and natural sciences.  The Articulation

 9  Coordinating Committee shall recommend to the State Board of

10  Education those courses identified to meet these general

11  education requirements by their common course code number. All

12  community colleges and state universities shall accept these

13  general education courses.

14         5.  Appoint faculty committees representing both

15  community colleges and universities to recommend common

16  prerequisite courses and identify course substitutions when

17  common prerequisites cannot be established for degree programs

18  across all institutions. Faculty work groups shall adopt a

19  strategy for addressing significant differences in

20  prerequisites, including course substitutions.  The Board of

21  Regents shall be notified by the Articulation Coordinating

22  Committee when significant differences remain.  Common degree

23  program prerequisites shall be offered and accepted by all

24  state universities and community colleges, except in cases

25  approved by the Board of Regents pursuant to s. 240.209(5)(f).

26  The Board of Regents shall work with the State Board of

27  Community Colleges on the development of a centralized

28  database containing the list of courses and course

29  substitutions that meet the prerequisite requirements for each

30  baccalaureate degree program;

31         (g)  Expansion and ongoing maintenance of the common

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 1  course designation and numbering system to include the

 2  numbering and designation of postsecondary vocational courses

 3  and facilitate the transfer of credits between public schools,

 4  community colleges, and state universities.  The Articulation

 5  Coordinating Committee shall:

 6         1.  Adopt guidelines for the participation of public

 7  school districts and community colleges in offering courses

 8  that may be transferred to a certificate, diploma, or degree

 9  program.  These guidelines shall establish standards

10  addressing faculty qualifications, admissions, program

11  curricula, participation in the common course designation and

12  numbering system, and other issues identified by the Task

13  Force on Workforce Development and the Commissioner of

14  Education.  Guidelines should also address the role of

15  accreditation in the designation of courses as transferable

16  credit. Such guidelines must not jeopardize the accreditation

17  status of educational institutions and must be based on data

18  related to the history of credit transfer among institutions

19  in this state and others.

20         2.  Identify postsecondary vocational programs offered

21  by community colleges and public school districts.  The list

22  shall also identify vocational courses designated as college

23  credit courses applicable toward a vocational diploma or

24  degree.  Such courses must be identified within the common

25  course numbering and designation system.

26         3.  Appoint faculty committees representing both

27  community college and public school faculties to recommend a

28  standard program length and appropriate occupational

29  completion points for each postsecondary vocational

30  certificate program, diploma, and degree; and

31         (h)  Development of common definitions necessary for

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 1  managing a uniform coordinated system of career education for

 2  all levels of the state system of public education.

 3         (3)  As a part of the system of educational

 4  accountability, the department shall:

 5         (a)  Develop minimum performance standards for various

 6  grades and subject areas, as required in ss. 229.565 and

 7  229.57.

 8         (b)  Administer the statewide assessment testing

 9  program created by s. 229.57.

10         (c)  Develop and administer an educational evaluation

11  program, including the provisions of the Plan for Educational

12  Assessment developed pursuant to s. 9, chapter 70-399, Laws of

13  Florida, and adopted by the State Board of Education.

14         (d)  Review the school advisory councils of each

15  district as required by s. 229.58.

16         (e)  Conduct the program evaluations required by s.

17  229.565.

18         (f)  Maintain a listing of college-level communication

19  and computation skills defined by the Articulation

20  Coordinating Committee as being associated with successful

21  student performance through the baccalaureate level and submit

22  the same to the State Board of Education for approval.

23         (g)  Maintain a listing of tests and other assessment

24  procedures which measure and diagnose student achievement of

25  college-level communication and computation skills and submit

26  the same to the State Board of Education for approval.

27         (h)  Maintain for the information of the State Board of

28  Education and the Legislature a file of data compiled by the

29  Articulation Coordinating Committee to reflect achievement of

30  college-level communication and computation competencies by

31  students in state universities and community colleges.

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 1         (i)  Develop or contract for, and submit to the State

 2  Board of Education for approval, tests which measure and

 3  diagnose student achievement of college-level communication

 4  and computation skills.  Any tests and related documents

 5  developed are exempt from the provisions of s. 119.07(1).  The

 6  commissioner shall maintain statewide responsibility for the

 7  administration of such tests and may assign administrative

 8  responsibilities for the tests to any public university or

 9  community college.  The state board, upon recommendation of

10  the commissioner, is authorized to enter into contracts for

11  such services beginning in one fiscal year and continuing into

12  the next year which are paid from the appropriation for either

13  or both fiscal years.

14         (j)  Perform any other functions that may be involved

15  in educational planning, research, and evaluation or that may

16  be required by the commissioner, the State Board of Education,

17  or law.

18         Section 27.  For the purpose of incorporating the

19  amendments made by this act to section 230.23, Florida

20  Statutes, in references thereto, subsection (4) of section

21  230.03, Florida Statutes, is reenacted to read:

22         230.03  Management, control, operation, administration,

23  and supervision.--The district school system must be managed,

24  controlled, operated, administered, and supervised as follows:

25         (4)  PRINCIPAL OR HEAD OF SCHOOL.--Responsibility for

26  the administration of any school or schools at a given school

27  center, for the supervision of instruction therein, and for

28  providing leadership in the development or revision and

29  implementation of a school improvement plan required pursuant

30  to s. 230.23(16) shall be delegated to the principal or head

31  of the school or schools as hereinafter set forth and in

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 1  accordance with rules established by the school board.

 2         Section 28.  For the purpose of incorporating the

 3  amendments made by this act to section 230.23, Florida

 4  Statutes, in references thereto, paragraph (b) of subsection

 5  (4) of section 230.2316, Florida Statutes, 1998 Supplement, is

 6  reenacted to read:

 7         230.2316  Dropout prevention.--

 8         (4)  PROGRAM IMPLEMENTATION.--

 9         (b)  Each school that establishes or continues a

10  dropout prevention program at that school site shall reflect

11  that program in the school improvement plan as required under

12  s. 230.23(16).

13         Section 29.  For the purpose of incorporating the

14  amendments made by this act to section 230.23, Florida

15  Statutes, in references thereto, section 231.085, Florida

16  Statutes, is reenacted to read:

17         231.085  Duties of principals.--A district school board

18  shall employ, through written contract, public school

19  principals who shall supervise the operation and management of

20  the schools and property as the board determines necessary.

21  Each principal shall perform such duties as may be assigned by

22  the superintendent pursuant to the rules of the school board.

23  Such rules shall include, but not be limited to, rules

24  relating to administrative responsibility, instructional

25  leadership of the educational program of the school to which

26  the principal is assigned, submission of personnel

27  recommendations to the superintendent, administrative

28  responsibility for records and reports, administration of

29  corporal punishment, and student suspension.  Each principal

30  shall provide leadership in the development or revision and

31  implementation of a school improvement plan pursuant to s.

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 1  230.23(16).

 2         Section 30.  For the purpose of incorporating the

 3  amendments made by this act to sections 229.591 and 229.592,

 4  Florida Statutes, in references thereto, paragraph (a) of

 5  subsection (3) of section 231.24, Florida Statutes, 1998

 6  Supplement, is reenacted to read:

 7         231.24  Process for renewal of professional

 8  certificates.--

 9         (3)  For the renewal of a professional certificate, the

10  following requirements must be met:

11         (a)  The applicant must earn a minimum of 6 college

12  credits or 120 inservice points or a combination thereof. For

13  each area of specialization to be retained on a certificate,

14  the applicant must earn at least 3 of the required credit

15  hours or equivalent inservice points in the specialization

16  area. Education in "clinical educator" training pursuant to s.

17  240.529(5)(b) and credits or points that provide training in

18  the area of exceptional student education, normal child

19  development, and the disorders of development may be applied

20  toward any specialization area. Credits or points that provide

21  training in the areas of drug abuse, child abuse and neglect,

22  strategies in teaching students having limited proficiency in

23  English, or dropout prevention, or training in areas

24  identified in the educational goals and performance standards

25  adopted pursuant to ss. 229.591(3) and 229.592 may be applied

26  toward any specialization area. Credits or points earned

27  through approved summer institutes may be applied toward the

28  fulfillment of these requirements. Inservice points may also

29  be earned by participation in professional growth components

30  approved by the State Board of Education and specified

31  pursuant to s. 236.0811 in the district's approved master plan

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 1  for inservice educational training, including, but not limited

 2  to, serving as a trainer in an approved teacher training

 3  activity, serving on an instructional materials committee or a

 4  state board or commission that deals with educational issues,

 5  or serving on an advisory council created pursuant to s.

 6  229.58.

 7         Section 31.  For the purpose of incorporating the

 8  amendments made by this act to section 231.29, Florida

 9  Statutes, in references thereto, paragraphs (e) and (f) of

10  subsection (3) of section 231.36, Florida Statutes, are

11  reenacted to read:

12         231.36  Contracts with instructional staff,

13  supervisors, and principals.--

14         (3)

15         (e)  A professional service contract shall be renewed

16  each year unless the superintendent, after receiving the

17  recommendations required by s. 231.29, charges the employee

18  with unsatisfactory performance and notifies the employee of

19  performance deficiencies as required by s. 231.29. An employee

20  who holds a professional service contract on July 1, 1997, is

21  subject to the procedures set forth in paragraph (f) during

22  the term of the existing professional service contract. The

23  employee is subject to the procedures set forth in s.

24  231.29(3)(d) upon the next renewal of the professional service

25  contract; however, if the employee is notified of performance

26  deficiencies before the next contract renewal date, the

27  procedures of s. 231.29(3)(d) do not apply until the

28  procedures set forth in paragraph (f) have been exhausted and

29  the professional service contract is subsequently renewed.

30         (f)  The superintendent shall notify an employee who

31  holds a professional service contract on July 1, 1997, in

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 1  writing, no later than 6 weeks prior to the end of the

 2  postschool conference period, of performance deficiencies

 3  which may result in termination of employment, if not

 4  corrected during the subsequent year of employment (which

 5  shall be granted for an additional year in accordance with the

 6  provisions in subsection (1)). Except as otherwise hereinafter

 7  provided, this action shall not be subject to the provisions

 8  of chapter 120, but the following procedures shall apply:

 9         1.  On receiving notice of unsatisfactory performance,

10  the employee, on request, shall be accorded an opportunity to

11  meet with the superintendent or the superintendent's designee

12  for an informal review of the determination of unsatisfactory

13  performance.

14         2.  An employee notified of unsatisfactory performance

15  may request an opportunity to be considered for a transfer to

16  another appropriate position, with a different supervising

17  administrator, for the subsequent year of employment.

18         3.  During the subsequent year, the employee shall be

19  provided assistance and inservice training opportunities to

20  help correct the noted performance deficiencies.  The employee

21  shall also be evaluated periodically so that he or she will be

22  kept apprised of progress achieved.

23         4.  Not later than 6 weeks prior to the close of the

24  postschool conference period of the subsequent year, the

25  superintendent, after receiving and reviewing the

26  recommendation required by s. 231.29, shall notify the

27  employee, in writing, whether the performance deficiencies

28  have been corrected.  If so, a new professional service

29  contract shall be issued to the employee.  If the performance

30  deficiencies have not been corrected, the superintendent may

31  notify the school board and the employee, in writing, that the

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 1  employee shall not be issued a new professional service

 2  contract; however, if the recommendation of the superintendent

 3  is not to issue a new professional service contract, and if

 4  the employee wishes to contest such recommendation, the

 5  employee will have 15 days from receipt of the

 6  superintendent's recommendation to demand, in writing, a

 7  hearing. In such hearing, the employee may raise as an issue,

 8  among other things, the sufficiency of the superintendent's

 9  charges of unsatisfactory performance.  Such hearing shall be

10  conducted at the school board's election in accordance with

11  one of the following procedures:

12         a.  A direct hearing conducted by the school board

13  within 60 days of receipt of the written appeal. The hearing

14  shall be conducted in accordance with the provisions of ss.

15  120.569 and 120.57. A majority vote of the membership of the

16  school board shall be required to sustain the superintendent's

17  recommendation.  The determination of the school board shall

18  be final as to the sufficiency or insufficiency of the grounds

19  for termination of employment; or

20         b.  A hearing conducted by an administrative law judge

21  assigned by the Division of Administrative Hearings of the

22  Department of Management Services. The hearing shall be

23  conducted within 60 days of receipt of the written appeal in

24  accordance with chapter 120. The recommendation of the

25  administrative law judge shall be made to the school board.  A

26  majority vote of the membership of the school board shall be

27  required to sustain or change the administrative law judge's

28  recommendation. The determination of the school board shall be

29  final as to the sufficiency or insufficiency of the grounds

30  for termination of employment.

31         Section 32.  For the purpose of incorporating the

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 1  amendments made by this act to section 229.591, Florida

 2  Statutes, in references thereto, subsection (1) of section

 3  231.600, Florida Statutes, 1998 Supplement, is reenacted to

 4  read:

 5         231.600  School Community Professional Development

 6  Act.--

 7         (1)  The Department of Education, public community

 8  colleges and universities, public school districts, and public

 9  schools in this state shall collaborate to establish a

10  coordinated system of professional development. The purpose of

11  the professional development system is to enable the school

12  community to succeed in school improvement as described in s.

13  229.591.

14         Section 33.  For the purpose of incorporating the

15  amendments made by this act to section 232.245, Florida

16  Statutes, in references thereto, subsection (1) of section

17  232.2454, Florida Statutes, is reenacted to read:

18         232.2454  District student performance standards,

19  instruments, and assessment procedures.--

20         (1)  School districts are required to obtain or develop

21  and implement assessments of student achievement as necessary

22  to accurately measure student progress and to report this

23  progress to parents or legal guardians according to s.

24  232.245. Each school district shall implement the assessment

25  program pursuant to the procedures it adopts.

26         Section 34.  For the purpose of incorporating the

27  amendments made by this act to section 232.245, Florida

28  Statutes, in references thereto, paragraphs (a) and (b) of

29  subsection (5) of section 232.246, Florida Statutes, 1998

30  Supplement, are reenacted and amended to read:

31         232.246  General requirements for high school

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 1  graduation.--

 2         (5)  Each district school board shall establish

 3  standards for graduation from its schools, and these standards

 4  must include:

 5         (a)  Earning passing scores on the high school

 6  competency test or FCAT, as defined in s. 229.57(3)(c).

 7         (b)  Completion of all other applicable requirements

 8  prescribed by the district school board pursuant to s.

 9  232.245.

10         Section 35.  For the purpose of incorporating the

11  amendments made by this act to sections 229.57 and 232.245,

12  Florida Statutes, in references thereto, section 232.248,

13  Florida Statutes, is reenacted to read:

14         232.248  Confidentiality of assessment

15  instruments.--All examination and assessment instruments,

16  including developmental materials and workpapers directly

17  related thereto, which are prepared, prescribed, or

18  administered pursuant to ss. 229.57, 232.245, 232.246, and

19  232.247 shall be confidential and exempt from the provisions

20  of s. 119.07(1) and from ss. 229.781 and 230.331.  Provisions

21  governing access, maintenance, and destruction of such

22  instruments and related materials shall be prescribed by rules

23  of the state board.

24         Section 36.  For the purpose of incorporating the

25  amendments made by this act to section 232.245, Florida

26  Statutes, in references thereto, subsection (1) of section

27  232.2481, Florida Statutes, is reenacted to read:

28         232.2481  Graduation and promotion requirements for

29  publicly operated schools.--

30         (1)  Each state or local public agency, including the

31  Department of Health and Rehabilitative Services, the

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 1  Department of Corrections, the Board of Regents, boards of

 2  trustees of community colleges, and the Board of Trustees of

 3  the Florida School for the Deaf and the Blind, which agency is

 4  authorized to operate educational programs for students at any

 5  level of grades kindergarten through 12 shall be subject to

 6  all applicable requirements of ss. 232.245, 232.246, 232.247,

 7  and 232.248.  Within the content of these cited statutes each

 8  such state or local public agency shall be considered a

 9  "district school board."

10         Section 37.  For the purpose of incorporating the

11  amendments made by this act to section 229.565, Florida

12  Statutes, in references thereto, subsection (4) of section

13  233.09, Florida Statutes, is reenacted to read:

14         233.09  Duties of each state instructional materials

15  committee.--The duties of each state instructional materials

16  committee shall be:

17         (4)  EVALUATION OF INSTRUCTIONAL MATERIALS.--To

18  evaluate carefully all instructional materials submitted, to

19  ascertain which instructional materials, if any, submitted for

20  consideration best implement the selection criteria developed

21  by the Commissioner of Education and those curricular

22  objectives included within applicable performance standards

23  provided for in s. 229.565.

24         (a)  When recommending instructional materials for use

25  in the schools, each committee shall include only

26  instructional materials that accurately portray the ethnic,

27  socioeconomic, cultural, and racial diversity of our society,

28  including men and women in professional, vocational, and

29  executive roles, and the role and contributions of the

30  entrepreneur and labor in the total development of this state

31  and the United States.

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 1         (b)  When recommending instructional materials for use

 2  in the schools, each committee shall include only materials

 3  which accurately portray, whenever appropriate, humankind's

 4  place in ecological systems, including the necessity for the

 5  protection of our environment and conservation of our natural

 6  resources and the effects on the human system of the use of

 7  tobacco, alcohol, controlled substances, and other dangerous

 8  substances.

 9         (c)  When recommending instructional materials for use

10  in the schools, each committee shall require such materials as

11  it deems necessary and proper to encourage thrift, fire

12  prevention, and humane treatment of people and animals.

13         (d)  When recommending instructional materials for use

14  in the schools, each committee shall require, when appropriate

15  to the comprehension of pupils, that materials for social

16  science, history, or civics classes contain the Declaration of

17  Independence and the Constitution of the United States.  No

18  instructional materials shall be recommended by any committee

19  for use in the schools which contain any matter reflecting

20  unfairly upon persons because of their race, color, creed,

21  national origin, ancestry, gender, or occupation.

22         (e)  All instructional materials recommended by each

23  committee for use in the schools shall be, to the satisfaction

24  of each committee, accurate, objective, and current and suited

25  to the needs and comprehension of pupils at their respective

26  grade levels. Instructional materials committees shall

27  consider for adoption materials developed for academically

28  talented students such as those enrolled in advanced placement

29  courses.

30         (f)  When recommending instructional materials for use

31  in the schools, each committee shall have the recommendations

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 1  of all districts which submit evaluations on the materials

 2  submitted for adoption in that particular subject area

 3  aggregated and presented to the members to aid them in the

 4  selection process; however, such aggregation shall be weighted

 5  in accordance with the full-time equivalent student percentage

 6  of each district. Each committee shall prepare an additional

 7  aggregation, unweighted, with each district recommendation

 8  given equal consideration.  No instructional materials shall

 9  be evaluated or recommended for adoption unless each of the

10  district committees shall have been loaned the specified

11  number of samples.

12         (g)  In addition to relying on statements of publishers

13  or manufacturers of instructional material, any committee may

14  conduct, or cause to be conducted, an independent

15  investigation as to the compliance of submitted materials with

16  the requirements of this section.

17         Section 38.  For the purpose of incorporating the

18  amendments made by this act to section 229.565, Florida

19  Statutes, in references thereto, paragraph (b) of subsection

20  (1) of section 233.165, Florida Statutes, is reenacted to

21  read:

22         233.165  Standards for selection.--

23         (1)  In the selection of instructional materials,

24  library books, and other reading material used in the public

25  school system, the standards used to determine the propriety

26  of the material shall include:

27         (b)  The educational purpose to be served by the

28  material. In considering instructional materials for classroom

29  use, priority shall be given to the selection of materials

30  which encompass the state and district performance standards

31  provided for in ss. 229.565 and 232.2454 and which include the

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 1  instructional objectives contained within the curriculum

 2  frameworks approved by the State Board of Education, to the

 3  extent that appropriate curriculum frameworks have been

 4  approved by the board.

 5         Section 39.  For the purpose of incorporating the

 6  amendments made by this act to section 229.565, Florida

 7  Statutes, in references thereto, paragraph (b) of subsection

 8  (3) of section 233.25, Florida Statutes, is reenacted to read:

 9         233.25  Duties, responsibilities, and requirements of

10  publishers and manufacturers of instructional

11  materials.--Publishers and manufacturers of instructional

12  materials, or their representatives, shall:

13         (3)  Submit, at a time designated in s. 233.14, the

14  following information:

15         (b)  Written proof that the publisher has provided

16  written correlations to appropriate curricular objectives

17  included within applicable performance standards provided for

18  in s. 229.565.

19         Section 40.  For the purpose of incorporating the

20  amendments made by this act to section 231.29, Florida

21  Statutes, in references thereto, paragraphs (a) and (c) of

22  subsection (2) of section 236.08106, Florida Statutes, 1998

23  Supplement, are reenacted to read:

24         236.08106  Excellent Teaching Program.--

25         (2)  The Excellent Teaching Program is created to

26  provide categorical funding for monetary incentives and

27  bonuses for teaching excellence. The Department of Education

28  shall allocate and distribute to each school district an

29  amount as prescribed annually by the Legislature for the

30  Excellent Teaching Program. Unless otherwise provided in the

31  General Appropriations Act, each school district's annual

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 1  allocation shall be the sum of the amounts earned for the

 2  following incentives and bonuses:

 3         (a)  A fee subsidy to be paid by the school district to

 4  the NBPTS on behalf of each individual who is an employee of

 5  the district school board or a public school within that

 6  school district, who is certified by the district to have

 7  demonstrated satisfactory teaching performance pursuant to s.

 8  231.29 and who satisfies the prerequisites for participating

 9  in the NBPTS certification program, and who agrees, in

10  writing, to pay 10 percent of the NBPTS participation fee and

11  to participate in the NBPTS certification program during the

12  school year for which the fee subsidy is provided. The fee

13  subsidy for each eligible participant shall be an amount equal

14  to 90 percent of the fee charged for participating in the

15  NBPTS certification program, but not more than $1,800 per

16  eligible participant. The fee subsidy is a one-time award and

17  may not be duplicated for any individual.

18         (c)  An annual bonus equal to 10 percent of the prior

19  fiscal year's statewide average salary for classroom teachers

20  to be paid to each individual who holds NBPTS certification

21  and is employed by the district school board or by a public

22  school within that school district. The district school board

23  shall distribute the annual bonus to each individual who meets

24  the requirements of this paragraph and who is certified

25  annually by the district to have demonstrated satisfactory

26  teaching performance pursuant to s. 231.29. The annual bonus

27  may be paid as a single payment or divided into not more than

28  three payments.

29         Section 41.  For the purpose of incorporating the

30  amendments made by this act to section 230.23, Florida

31  Statutes, in references thereto, subsection (3) of section

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 1  239.229, Florida Statutes, 1998 Supplement, is reenacted to

 2  read:

 3         239.229  Vocational standards.--

 4         (3)  Each area technical center operated by a school

 5  board shall establish a center advisory council pursuant to s.

 6  229.58.  The center advisory council shall assist in the

 7  preparation and evaluation of center improvement plans

 8  required pursuant to s. 230.23(16) and may provide assistance,

 9  upon the request of the center director, in the preparation of

10  the center's annual budget and plan as required by s.

11  229.555(1).

12         Section 42.  For the purpose of incorporating the

13  amendments made by this act to section 229.592, Florida

14  Statutes, in references thereto, subsection (4) of section

15  240.118, Florida Statutes, is reenacted to read:

16         240.118  Postsecondary feedback of information to high

17  schools.--

18         (4)  As a part of the school improvement plan pursuant

19  to s. 229.592, the State Board of Education shall ensure that

20  each school district and high school develops strategies to

21  improve student readiness for the public postsecondary level

22  based on annual analysis of the feedback report data.

23         Section 43.  Subsections (29), (40), and (42) of

24  section 228.041, Florida Statutes, 1998 Supplement, are

25  amended to read:

26         228.041  Definitions.--Specific definitions shall be as

27  follows, and wherever such defined words or terms are used in

28  the Florida School Code, they shall be used as follows:

29         (29)  DROPOUT.--A dropout is a student not subject to

30  compulsory school attendance, as defined in s. 232.01, who

31  meets any one or more of the following criteria:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1         (a)  The student has voluntarily removed himself or

 2  herself from the school system before graduation for reasons

 3  that include, but are not limited to, marriage, or the student

 4  has withdrawn from school because he or she has failed the

 5  statewide student assessment test and thereby does not receive

 6  any of the certificates of completion;

 7         (b)  The student has not met the relevant attendance

 8  requirements of the school district pursuant to State Board of

 9  Education rules, or the student was expected to attend a

10  school but did not enter as expected for unknown reasons, or

11  the student's whereabouts are unknown;

12         (c)  The student has withdrawn from school, but has not

13  transferred to another public or private school or enrolled in

14  any vocational, adult, home education, or alternative

15  educational program;

16         (d)  The student has withdrawn from school due to

17  hardship, unless such withdrawal has been granted under the

18  provisions of s. 322.091, court action, expulsion, medical

19  reasons, or pregnancy; or

20         (e)  The student is not eligible to attend school

21  because of reaching the maximum age for an exceptional student

22  program in accordance with the district's policy.

23

24  Students not exempt from attendance pursuant to s. 232.06 and

25  who are subject to compulsory school attendance under s.

26  232.01 and who stop attending school are habitual truants as

27  defined in subsection (28) and are not considered dropouts.

28  The State Board of Education may adopt rules to implement the

29  provisions of this subsection.

30         (40)  GRADUATION RATE.--The term "graduation rate"

31  means the percentage of students who graduate from high school

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  within 4 years after entering 9th grade for the first time,

 2  not counting students who transfer out of the student

 3  population to enroll in another school system; students who

 4  withdraw to enroll in a private school, a home education

 5  program, or an adult education program; or deceased students.

 6  Incoming transfer students, at the time of their enrollment,

 7  are included in the count of the class with which they are

 8  scheduled to graduate. For this rate calculation, students are

 9  counted as graduates upon receiving a standard high school

10  diploma, as provided in s. 232.246, or a special diploma, as

11  provided in s. 232.247. Also counted as graduates are

12  calculated by dividing the number of entering 9th graders into

13  the number of students who receive, 4 years later, a high

14  school diploma, a special diploma, or a certificate of

15  completion, as provided for in s. 232.246, or who receive a

16  special certificate of completion, as provided in s. 232.247,

17  and students 19 years of age or younger who receive a general

18  equivalency diploma, as provided in s. 229.814. The number of

19  9th grade students used in the calculation of a graduation

20  rate for this state shall be students enrolling in the grade

21  for the first time. In conjunction with calculating the

22  graduation rate for this state, the Department of Education

23  shall conduct a study to evaluate the impact of the rate of

24  students who withdraw from high school to attend adult

25  education programs and the students in exceptional student

26  education programs. The department shall report its findings

27  to the Legislature by February 1, 2000. The Department of

28  Education may calculate a 5-year graduation rate using the

29  same methodology described in this section.

30         (42)  DROPOUT RATE.--The term "high school dropout

31  rate" means the annual percentage calculated by dividing the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  number of students in grades 9 through 12 who are classified

 2  as dropouts, pursuant to subsection (29), by the total number

 3  of students in grades 9-12 in attendance at any time during

 4  the school year over the age of compulsory school attendance,

 5  pursuant to s. 232.01, at the time of the fall membership

 6  count, into the number of students who withdraw from school

 7  during a given school year and who are classified as dropouts

 8  pursuant to subsection (29). The Department of Education shall

 9  report the number of students initially classified as students

10  who transfer to an adult education program but who do not

11  enroll in an adult education program.

12         Section 44.  Paragraph (f) of subsection (9) of section

13  228.056, Florida Statutes, 1998 Supplement, is amended to

14  read:

15         228.056  Charter schools.--

16         (9)  CHARTER.--The major issues involving the operation

17  of a charter school shall be considered in advance and written

18  into the charter. The charter shall be signed by the governing

19  body of the charter school and the sponsor, following a public

20  hearing to ensure community input.

21         (f)  Upon receipt of the annual report required by

22  paragraph (d), the Department of Education shall provide to

23  the State Board of Education, the Commissioner of Education,

24  the President of the Senate, and the Speaker of the House of

25  Representatives an analysis and comparison of the overall

26  performance of charter school students, to include all

27  students whose scores are counted as part of the state

28  norm-referenced assessment program tests, versus comparable

29  public school students in the district as determined by the

30  state norm-referenced assessment program tests currently

31  administered in the school district, and, as appropriate, the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1  Florida Writes Assessment Test, the High School Competency

 2  Test, and other assessments administered pursuant to s.

 3  229.57(3).

 4         Section 45.  If any provision of this act or the

 5  application thereof to any person or circumstance is held

 6  invalid, the invalidity shall not affect other provisions or

 7  applications of the act which can be given effect without the

 8  invalid provision or application, and to this end the

 9  provisions of this act are declared severable.

10         Section 46.  Except as otherwise provided in this act,

11  this act shall take effect upon becoming a law.

12

13

14  ================ T I T L E   A M E N D M E N T ===============

15  And the title is amended as follows:

16          Delete everything before the enacting clause

17

18  and insert:

19                      A bill to be entitled

20         An act relating to educational accountability

21         and school educational improvement; amending s.

22         229.0535, F.S.; revising provisions relating to

23         the authority of the State Board of Education

24         to enforce school improvement; defining

25         probationary status of schools; authorizing

26         school districts to reorganize schools in

27         certain situations; authorizing the state board

28         to enforce school district improvement;

29         amending s. 228.057, F.S.; providing a

30         declaration of public policy; providing that

31         school districts must offer controlled open

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1         enrollment in the public schools; providing a

 2         date of implementation; providing an exemption;

 3         providing a deadline for submitting revised

 4         open enrollment plans to the Department of

 5         Education; requiring the department to

 6         recommend incentives; amending s. 229.512,

 7         F.S.; revising provisions relating to the

 8         authority of the Commissioner of Education

 9         regarding the implementation of the program of

10         school improvement and education

11         accountability; amending s. 229.555, F.S.,

12         relating to educational planning and

13         information systems; revising to conform;

14         amending s. 229.565, F.S.; eliminating the

15         requirement that the Commissioner of Education

16         designate program categories and grade levels

17         for which performance standards are to be

18         approved; amending s. 229.57, F.S.; revising

19         the purpose of the student assessment program;

20         requiring the Department of Education to

21         develop a system to measure annual pupil

22         progress; requiring the statewide assessment

23         program to include science; revising provisions

24         relating to the administration of the National

25         Assessment of Educational Progress; revising

26         the statewide assessment program; revising

27         requirements relating to the annual report of

28         the results of the statewide assessment

29         program; providing for the identification of

30         schools by performance grade category according

31         to student and school performance data;

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1         providing for the identification of school

 2         improvement ratings; amending s. 229.58, F.S.;

 3         removing a reference to the Florida Commission

 4         on Education Reform and Accountability;

 5         authorizing councils to submit evaluations

 6         relating to school improvement by a certain

 7         date; amending s. 229.591, F.S.; revising

 8         provisions relating to the system of school

 9         improvement and education accountability to

10         reflect that students are not required to

11         attend schools designated in a certain

12         performance grade category; revising the state

13         education goals; amending s. 229.592, F.S.,

14         relating to the implementation of the state

15         system of school improvement and education

16         accountability; removing obsolete provisions;

17         deleting the requirement that the Commissioner

18         of Education appear before the Legislature;

19         revising duties of the Department of Education;

20         authorizing the department to allocate funds

21         for low performing schools intervention;

22         providing calculation; providing criteria for

23         release of funds revising duties of the State

24         Board of Education; revising provisions

25         relating to waivers from statutes; conforming

26         cross-references; creating s. 229.5925, F.S.;

27         providing for state board appointment of

28         educational care teams; providing duties;

29         establishing appointment criteria; providing

30         for district request for care team assignment;

31         providing terms and conditions of assignments;

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1         amending s. 229.595, F.S., relating to the

 2         implementation of the state system of

 3         educational accountability for school-to-work

 4         transition; revising provisions relating to the

 5         assessment of readiness to enter the workforce;

 6         amending s. 230.23, F.S., relating to powers

 7         and duties of school boards; revising

 8         provisions relating to the compensation and

 9         salary schedules of school employees; revising

10         provisions relating to courses of study and

11         other instructional aids to include the term

12         "instructional materials"; revising school

13         board duties relating to textbooks and

14         instructional materials distribution; requiring

15         at least one set of textbooks per student;

16         prohibiting the distribution of duplicate sets

17         of textbooks under certain circumstances;

18         revising school board duties regarding the

19         implementation and enforcement of school

20         improvement and accountability; revising

21         policies regarding public disclosure; requiring

22         school board adoption of certain policies;

23         amending s. 231.29, F.S.; revising the

24         assessment procedure for school district

25         instructional, administrative, and supervisory

26         personnel; amending s. 231.2905, F.S.; revising

27         provisions of the Florida School Recognition

28         Program relating to financial awards based on

29         employee performance; revising initial criteria

30         for identification of schools; amending s.

31         228.053, F.S.; relating to developmental

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1         research schools; conforming cross-references;

 2         amending s. 228.054, F.S., relating to the

 3         Joint Developmental Research School Planning,

 4         Articulation, and Evaluation Committee;

 5         conforming a cross-reference; amending s.

 6         233.17, F.S., relating to the term of adoption

 7         of instructional materials; conforming

 8         cross-references; amending s. 236.685, F.S.,

 9         relating to educational funding accountability;

10         conforming a cross-reference; creating s.

11         236.08104, F.S.; establishing a supplemental

12         academic instruction categorical fund;

13         providing findings and intent; providing

14         requirements for the use of funds; amending s.

15         236.013, F.S.; eliminating certain provisions

16         relating to calculations of the equivalent of a

17         full-time student; revising provisions relating

18         to membership in programs scheduled for more

19         than 180 days; reenacting s. 24.121(5)(b), (c),

20         and (d), F.S., relating to the Educational

21         Enhancement Trust Fund, s. 120.81(1)(b), F.S.,

22         relating to tests, test scoring criteria, or

23         testing procedures, s. 228.053(3) and (8),

24         F.S., relating to developmental research

25         schools, s. 228.0565(6)(b), (c), and (d), F.S.,

26         relating to deregulated public schools, s.

27         228.301(1), F.S., relating to test security, s.

28         229.551(1)(c) and (3), F.S., relating to

29         educational management, s. 230.03(4), F.S.,

30         relating to school district management,

31         control, operation, administration, and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1         supervision, s. 230.2316(4)(b), F.S., relating

 2         to dropout prevention, s. 231.085, F.S.,

 3         relating to duties of principals, s.

 4         231.24(3)(a), F.S., relating to the process for

 5         renewal of professional certificates, s.

 6         231.36(3)(e) and (f), F.S., relating to

 7         contracts with instructional staff,

 8         supervisors, and principals, s. 231.600(1),

 9         F.S., relating to the School Community

10         Professional Development Act, s. 232.2454(1),

11         F.S., relating to district student performance

12         standards, instruments, and assessment

13         procedures, s. 232.246(5)(a) and (b), F.S.,

14         relating to general requirements for high

15         school graduation, s. 232.248, F.S., relating

16         to confidentiality of assessment instruments,

17         s. 232.2481(1), F.S., relating to graduation

18         and promotion requirements for publicly

19         operated schools, s. 233.09(4), F.S., relating

20         to duties of instructional materials

21         committees, s. 233.165(1)(b), F.S., relating to

22         the selection of instructional materials, s.

23         233.25(3)(b), F.S., relating to publishers and

24         manufacturers of instructional materials, s.

25         236.08106(2)(a) and (c), F.S., relating to the

26         Excellent Teaching Program, s. 239.229(3),

27         F.S., relating to vocational standards, s.

28         240.118(4), F.S., relating to postsecondary

29         feedback of information to high schools, to

30         incorporate references; amending s. 228.041,

31         F.S.; redefining the terms "graduation rate"

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1756

    Amendment No.    





 1         and "dropout rate"; amending s. 228.056, F.S.,

 2         relating to charter schools; providing for

 3         funding; revising terminology relating to

 4         assessments; providing effective dates.

 5

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

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23

24

25

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31

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