Senate Bill 1756e1

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  1                      A bill to be entitled

  2         An act relating to educational accountability;

  3         amending s. 229.0535, F.S.; revising provisions

  4         relating to the authority of the State Board of

  5         Education to enforce school improvement;

  6         creating s. 229.0537, F.S.; providing findings

  7         and intent; requiring private school

  8         opportunity scholarships to be provided to

  9         certain public school students; providing

10         student eligibility requirements; providing

11         school district requirements; providing an

12         alternative to accepting a state opportunity

13         scholarship; providing private school

14         eligibility criteria; providing student

15         attendance requirements; providing parental

16         involvement requirements; providing a district

17         reporting requirement; providing for

18         calculation of the amount and distribution of

19         state opportunity scholarship funds;

20         authorizing the adoption of rules; amending s.

21         229.512, F.S.; revising provisions relating to

22         the authority of the Commissioner of Education

23         regarding the implementation of the program of

24         school improvement and education

25         accountability; amending s. 229.555, F.S.,

26         relating to educational planning and

27         information systems; revising to conform;

28         amending s. 229.565, F.S.; eliminating the

29         requirement that the Commissioner of Education

30         designate program categories and grade levels

31         for which performance standards are to be


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  1         approved; amending s. 229.57, F.S.; revising

  2         the purpose of the student assessment program;

  3         requiring the Department of Education to

  4         develop a system to measure annual pupil

  5         progress; requiring the statewide assessment

  6         program to include science; revising provisions

  7         relating to the administration of the National

  8         Assessment of Educational Progress; revising

  9         the statewide assessment program; revising

10         requirements relating to the annual report of

11         the results of the statewide assessment

12         program; providing for the identification of

13         schools by performance grade category according

14         to student and school performance data;

15         providing for the identification of school

16         improvement ratings; amending s. 229.58, F.S.;

17         removing a reference to the Florida Commission

18         on Education Reform and Accountability;

19         amending s. 229.591, F.S.; revising provisions

20         relating to the system of school improvement

21         and education accountability to reflect that

22         students are not required to attend schools

23         designated in a certain performance grade

24         category; revising the state education goals;

25         amending s. 229.592, F.S., relating to the

26         implementation of the state system of school

27         improvement and education accountability;

28         removing obsolete provisions; deleting the

29         requirement that the Commissioner of Education

30         appear before the Legislature; revising duties

31         of the Department of Education; revising duties


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  1         of the State Board of Education; revising

  2         provisions relating to waivers from statutes;

  3         conforming cross-references; amending s.

  4         229.595, F.S., relating to the implementation

  5         of the state system of educational

  6         accountability for school-to-work transition;

  7         revising provisions relating to the assessment

  8         of readiness to enter the workforce; removing a

  9         reference to the Florida Commission on

10         Education Reform and Accountability; amending

11         s. 230.23, F.S., relating to powers and duties

12         of school boards; revising provisions relating

13         to the compensation and salary schedules of

14         school employees; revising provisions relating

15         to courses of study and other instructional

16         aids to include the term "instructional

17         materials"; revising school board duties

18         regarding the implementation and enforcement of

19         school improvement and accountability; revising

20         policies regarding public disclosure; requiring

21         school board adoption of certain policies;

22         amending s. 231.29, F.S.; revising the

23         assessment procedure for school district

24         instructional, administrative, and supervisory

25         personnel; amending s. 231.2905, F.S.; revising

26         provisions of the Florida School Recognition

27         Program relating to financial awards based on

28         employee performance; revising initial criteria

29         for identification of schools; amending s.

30         232.245, F.S.; relating to pupil progression;

31         revising requirements relating to the provision


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  1         of remedial instruction; providing requirements

  2         for the use of resources for remedial

  3         instruction; requiring the adoption of rules

  4         regarding pupil progression; eliminating

  5         requirements relating to student academic

  6         improvement plans; deleting duplicative

  7         requirements relating to mandatory remedial

  8         reading instruction; amending s. 233.061, F.S.;

  9         requiring schools that receive opportunity

10         scholarships to provide certain courses of

11         study; amending s. 228.053, F.S.; relating to

12         developmental research schools; conforming

13         cross-references; amending s. 228.054, F.S.,

14         relating to the Joint Developmental Research

15         School Planning, Articulation, and Evaluation

16         Committee; conforming a cross-reference;

17         amending s. 233.17, F.S., relating to the term

18         of adoption of instructional materials;

19         conforming cross-references; amending s.

20         236.685, F.S., relating to educational funding

21         accountability; conforming a cross-reference;

22         creating s. 236.08104, F.S.; establishing a

23         supplemental academic instruction categorical

24         fund; providing findings and intent; providing

25         requirements for the use of funds; authorizing

26         the Florida State University School to expend

27         certain funds for student remediation; amending

28         s. 236.013, F.S.; eliminating certain

29         provisions relating to calculations of the

30         equivalent of a full-time student; revising

31         provisions relating to membership in programs


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  1         scheduled for more than 180 days; amending s.

  2         239.101, F.S., relating to career education;

  3         conforming cross-references; amending s.

  4         239.229, F.S., relating to vocational

  5         standards; conforming cross-references;

  6         amending s. 240.529, F.S., relating to approval

  7         of teacher education programs; conforming a

  8         cross-reference; reenacting s. 24.121(5)(b),

  9         (c), and (d), F.S., relating to the Educational

10         Enhancement Trust Fund, s. 120.81(1)(b), F.S.,

11         relating to tests, test scoring criteria, or

12         testing procedures, s. 228.053(3) and (8),

13         F.S., relating to developmental research

14         schools, s. 228.0565(6)(b), (c), and (d), F.S.,

15         relating to deregulated public schools, s.

16         228.301(1), F.S., relating to test security, s.

17         229.551(1)(c) and (3), F.S., relating to

18         educational management, s. 230.03(4), F.S.,

19         relating to school district management,

20         control, operation, administration, and

21         supervision, s. 230.2316(4)(b), F.S., relating

22         to dropout prevention, s. 231.085, F.S.,

23         relating to duties of principals, s.

24         231.24(3)(a), F.S., relating to the process for

25         renewal of professional certificates, s.

26         231.36(3)(e) and (f), F.S., relating to

27         contracts with instructional staff,

28         supervisors, and principals, s. 231.600(1),

29         F.S., relating to the School Community

30         Professional Development Act, s. 232.2454(1),

31         F.S., relating to district student performance


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  1         standards, instruments, and assessment

  2         procedures, s. 232.246(5)(a) and (b), F.S.,

  3         relating to general requirements for high

  4         school graduation, s. 232.248, F.S., relating

  5         to confidentiality of assessment instruments,

  6         s. 232.2481(1), F.S., relating to graduation

  7         and promotion requirements for publicly

  8         operated schools, s. 233.09(4), F.S., relating

  9         to duties of instructional materials

10         committees, s. 233.165(1)(b), F.S., relating to

11         the selection of instructional materials, s.

12         233.25(3)(b), F.S., relating to publishers and

13         manufacturers of instructional materials, s.

14         236.08106(2)(a) and (c), F.S., relating to the

15         Excellent Teaching Program, s. 239.229(3),

16         F.S., relating to vocational standards, s.

17         240.118(4), F.S., relating to postsecondary

18         feedback of information to high schools, to

19         incorporate references; amending s. 228.041,

20         F.S.; redefining the terms "graduation rate"

21         and "dropout rate"; amending s. 228.056, F.S.,

22         relating to charter schools; amending s.

23         230.202, F.S.; providing that, after a

24         specified date, part of the salary of school

25         board members must be based on students'

26         performance; amending s. 230.303, F.S.;

27         providing that, after a specified date, part of

28         the salary of elected superintendents of

29         schools must be based on students' performance;

30         encouraging businesses and corporations to

31         enter into partnerships with low-performing and


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  1         failing schools for stated purposes; providing

  2         for funding; revising terminology relating to

  3         assessments; providing effective dates.

  4

  5         WHEREAS, providing a system of high-quality public

  6  education for children is an important goal of this state, and

  7         WHEREAS, Floridians reemphasized their aspiration to

  8  provide for a system of high-quality public education for

  9  children in this state by amending Section 1 of Article IX of

10  the State Constitution in the November 1998 general election,

11  and

12         WHEREAS, the Legislature recognizes that it has an

13  important but not exclusive role in providing children with

14  the opportunity to obtain a high-quality education in this

15  state, and

16         WHEREAS, success in obtaining a high-quality education

17  depends upon many influences, and

18         WHEREAS, among the most prominent influences on the

19  educational success of children are the positive influences of

20  parents on their children's lives and on their children's

21  desire to learn and the active involvement of parents in the

22  education of their children, and

23         WHEREAS, the presence of those influences is

24  indispensable to successfully providing a system that allows

25  students to obtain a high-quality education, and

26         WHEREAS, children will have the best opportunity to

27  obtain a high-quality education in the public education system

28  of this state and that system can best be enhanced when

29  positive parental influences are present, when we allocate

30  resources efficiently and concentrate resources to enhance a

31  safe, secure, and disciplined classroom learning environment,


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  1  when we support teachers, when we reinforce shared high

  2  academic expectations, and when we promptly reward success and

  3  promptly identify failure, as well as promptly appraise the

  4  public of both successes and failures, NOW, THEREFORE,

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  Section 229.0535, Florida Statutes, is

  9  amended to read:

10         229.0535  Authority to enforce school improvement.--It

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

12  held accountable for ensuring that students performing perform

13  at acceptable levels.  A system of school improvement and

14  accountability that assesses student performance by school,

15  identifies schools in which students are not making not

16  providing adequate progress toward state standards, and

17  institutes appropriate measures for enforcing improvement, and

18  provides rewards and sanctions based on performance shall be

19  the responsibility of the State Board of Education.

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

21  prescribing the duty of the State Board of Education to

22  supervise Florida's public school system and notwithstanding

23  any other statutory provisions to the contrary, the State

24  Board of Education shall have the authority to intervene in

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

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

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

28  4-year period. For purposes of determining when a school is

29  eligible for state board action and opportunity scholarships

30  for its students, the terms "2 years in any 4-year period" and

31  "2 years in a 4-year period" mean that in any year that a


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  1  school has a grade of "F," the school is eligible for state

  2  board action and opportunity scholarships for its students if

  3  it also has had a grade of "F" in any of the previous 3 school

  4  years. Except as otherwise provided in s. 229.57(9), a

  5  performance rating based on data before the 1998-1999 school

  6  year data may not be included in a 4-year period. The state

  7  board may determine that the school district or and/or school

  8  has not taken steps sufficient for to ensure that students in

  9  the school to be academically in question are well served.

10  Considering recommendations of the Commissioner of Education,

11  the state board shall is authorized to recommend action to a

12  district school board that is intended to improve ensure

13  improved educational services to students in each school that

14  is designated as performance grade category "F." the

15  low-performing schools in question. Recommendations for

16  actions to be taken in the school district shall be made only

17  after thorough consideration of the unique characteristics of

18  a school, which shall also include student mobility rates, and

19  the number and type of exceptional students enrolled in the

20  school, and the availability of options for improved

21  educational services. The state board shall adopt by rule

22  steps to follow in this process.  Such steps shall provide

23  ensure that school districts have sufficient time to improve

24  student performance in schools and have had the opportunity to

25  present evidence of assistance and interventions that the

26  school board has implemented.

27         (2)  The state board is specifically authorized to

28  recommend one or more of the following actions to school

29  boards to enable ensure that students in low-performing

30  schools designated as performance grade category "F" to be

31  academically are well served by the public school system:


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  1         (a)  Provide additional resources, change certain

  2  practices, and provide additional assistance if the state

  3  board determines the causes of inadequate progress to be

  4  related to school district policy or practice;

  5         (b)  Implement a plan that satisfactorily resolves the

  6  education equity problems in the school;

  7         (c)  Contract for the educational services of the

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

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

10  implement a plan that addresses the causes of inadequate

11  progress;

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

13  their children to another district school of their choice, if

14  appropriate; or

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

16  school's performance.

17         (3)  In recommending actions to school boards, the

18  State Board of Education shall specify the length of time

19  available to implement the recommended action.  The state

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

21  specific circumstances.  No action taken by the state board

22  shall relieve a school from state accountability requirements.

23         (4)  The State Board of Education is authorized to

24  require the Department of Education or Comptroller to withhold

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

26  the timeframe specified in state board action, the school

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

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

29  transfer of funds shall occur only after all other recommended

30  actions for school improvement have failed to improve the

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


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

  2  develop and implement a plan for assistance and intervention

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

  4         Section 2.  Section 229.0537, Florida Statutes, is

  5  created to read:

  6         229.0537  Opportunity Scholarship Program.--

  7         (1)  FINDINGS AND INTENT.--The purpose of this section

  8  is to provide enhanced opportunity for students in this state

  9  to gain the knowledge and skills necessary for postsecondary

10  education, a technical education, or the world of work. The

11  Legislature recognizes that the voters of the State of

12  Florida, in the November 1998 general election, amended s. 1,

13  Art. IX, of the Florida Constitution so as to make education a

14  paramount duty of the state. The Legislature finds that the

15  State Constitution requires the state to provide the

16  opportunity to obtain a high-quality education. The

17  Legislature further finds that a student should not be

18  compelled, against the wishes of the student's parent or

19  guardian, to remain in a school found by the state to be

20  failing for 2 years in a 4-year period. The Legislature shall

21  make available opportunity scholarships in order to give

22  parents and guardians the opportunity for their children to

23  attend a public school that is performing satisfactorily or to

24  attend an eligible private school when the parent or guardian

25  chooses to apply the equivalent of the public education funds

26  generated by his or her child to the cost of tuition in the

27  eligible private school as provided in paragraph (6)(a).

28  Eligibility of a private school shall include the control and

29  accountability requirements that, coupled with the exercise of

30  parental choice, are reasonably necessary to secure the

31  educational public purpose, as delineated in subsection (4).


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  1         (2)  OPPORTUNITY SCHOLARSHIP ELIGIBILITY.--A public

  2  school student's parent or guardian may request and receive

  3  from the state an opportunity scholarship for the child to

  4  enroll in and attend a private school in accordance with the

  5  provisions of this section if:

  6         (a)  By assigned school attendance area or by special

  7  assignment, the student has spent the prior school year in

  8  attendance at a public school that has been designated

  9  pursuant to s. 229.57 as performance grade category "F,"

10  failing to make adequate progress, and that has had two school

11  years in a 4-year period of such low performance, and the

12  student's attendance occurred during a school year in which

13  such designation was in effect; or the parent or guardian of a

14  student who has been in attendance elsewhere in the public

15  school system or who is entering kindergarten or first grade

16  has been notified that the student has been assigned to such

17  school for the next school year;

18         (b)  The student has scored in the lowest quartile on

19  statewide assessment tests described in s. 229.57;

20         (c)  The student is a Florida resident; and

21         (d)  The parent or guardian has obtained acceptance for

22  admission of the student to a private school eligible for the

23  program pursuant to subsection (4), and has notified the

24  Department of Education and the school district of the request

25  for an opportunity scholarship no later than July 1 of the

26  first year in which the student intends to use the

27  scholarship.

28

29  For purposes of continuity of educational choice, the

30  opportunity scholarship shall be for the entire school year

31  for which it was originally issued and shall remain in force


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  1  until the student leaves the private school for which the

  2  scholarship was originally granted, or until the student

  3  graduates into high school and the public high school to which

  4  the student is assigned has earned a performance grade of "C"

  5  or better. If the scholarship student leaves the private

  6  school for which the scholarship was originally granted and

  7  the public school to which he or she would be assigned has a

  8  performance grade of "D" or "F," the student shall remain

  9  eligible for an opportunity scholarship. However, at any time

10  upon reasonable notice to the Department of Education and the

11  school district, the student's parent or guardian may remove

12  the student from the private school and place the student in a

13  public school, as provided in subparagraph (3)(a)2.

14         (3)  SCHOOL DISTRICT OBLIGATIONS.--

15         (a)  A school district shall, for each student enrolled

16  in or assigned to a school that has been designated as

17  performance grade category "F" for 2 school years in a 4-year

18  period:

19         1.  Timely notify the parent or guardian of the student

20  as soon as such designation is made of all options available

21  pursuant to this section; and

22         2.  Offer that student's parent or guardian an

23  opportunity to enroll the student in the public school within

24  the district that has been designated by the state pursuant to

25  s. 229.57 as a school performing higher than that in which the

26  student is currently enrolled or to which the student has been

27  assigned, but not less than performance grade category "C."

28  For purposes of identifying higher performing public schools

29  eligible for parental choice for the 1999-2000 school year,

30  school grade designations for the 1998-1999 school year shall

31  be the grade equivalent of the corresponding performance level


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  1  I-V specified in state board rule at the time this act becomes

  2  a law. Level I corresponds to an "F" grade and Level V

  3  corresponds to an "A" grade. The parent or guardian is not

  4  required to accept this offer in lieu of requesting a state

  5  opportunity scholarship to a private school. The opportunity

  6  to continue attending the higher performing public school

  7  shall remain in force until the student graduates from high

  8  school.

  9         (b)  The parent or guardian of a student enrolled in or

10  assigned to a school that has been designated performance

11  grade category "F" for 2 school years in a 4-year period may

12  choose as an alternative to enroll the student in and

13  transport the student to a higher-performing public school

14  that has available space in an adjacent school district, and

15  that school district shall accept the student and report the

16  student for purposes of the district's funding pursuant to the

17  Florida Education Finance Program.

18         (c)  Students with disabilities who are eligible to

19  receive services from the school district under federal or

20  state law, and who participate in this program, remain

21  eligible to receive services from the school district as

22  provided by federal or state law.

23         (d)  If for any reason a qualified private school is

24  not available for the student or if the parent or guardian

25  chooses to request that the student be enrolled in the higher

26  performing public school, rather than choosing to request the

27  state opportunity scholarship, transportation costs to the

28  higher performing public school shall be the responsibility of

29  the school district. The district may utilize state

30  categorical transportation funds or state-appropriated public

31  school choice incentive funds for this purpose.


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  1         (4)  PRIVATE SCHOOL ELIGIBILITY.--To be eligible to

  2  participate in the opportunity scholarship program, a private

  3  school must be a Florida private school, may be sectarian or

  4  nonsectarian, and must:

  5         (a)  Be in existence at least 1 year and provide the

  6  State Board of Education with evidence of fiscal soundness

  7  consistent with generally accepted accounting practices. In

  8  lieu of providing evidence of fiscal soundness, a surety bond

  9  or letter of credit for an amount equal to the opportunity

10  scholarship funds received in any quarter may be filed with

11  the State Board of Education. However, the 1-year requirement

12  does not apply to those schools providing services to students

13  with disabilities under the pilot programs that offer

14  opportunity scholarships.

15         (b)  Except for the first year of implementation,

16  notify the Department of Education and the school district in

17  whose service area the school is located of its intent to

18  participate in the program under this section by May 1 of the

19  school year preceding the school year in which it intends to

20  participate. The notice shall specify the grade levels, the

21  number of available student spaces, the random selection

22  process, and other services that the private school has

23  available for the opportunity scholarship program.

24         (c)  Comply with the antidiscrimination provisions of

25  42 U.S.C. s. 2000d and the Florida Constitution.

26         (d)  Meet state and local health and safety laws and

27  codes.

28         (e)  Determine, on an entirely random and

29  religious-neutral basis and without regard to the student's

30  past academic history, which scholarship students to accept;

31  however, the private school may give preference in accepting


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  1  applications to siblings of students who have already been

  2  accepted on a random and religious-neutral basis. A private

  3  school dedicated to a particular subject area or specialized

  4  curricular focus may take into account a student's experience

  5  in that subject area or related curriculum.

  6         (f)  Be subject to the accreditation standards of a

  7  nonpublic school accrediting body recognized by the Florida

  8  Association of Academic Nonpublic Schools. If the private

  9  school fails to meet the accreditation standards of the

10  accrediting body and does not correct identified deficiencies

11  within the required time period, not to exceed 3 years, the

12  school will forfeit eligibility to participate in the

13  opportunity scholarship program. The status of accreditation,

14  as well as the highest educational degree attained by each

15  faculty member, shall be included in the school's annual

16  report to the Department of Education. Upon the parent's or

17  guardian's request, the school shall furnish the parent or

18  guardian with a school profile that includes student

19  performance information and the percentage of teachers who

20  hold regular Florida teaching certificates.

21         (g)  Employ or contract with teachers who hold a

22  baccalaureate or higher degree, have at least 3 years teaching

23  experience in public or private schools, or have special

24  skills, knowledge, or expertise that qualifies them to provide

25  instruction in subjects taught.

26         (h)  Comply with all state statutes relating to private

27  schools.

28         (i)  Accept as full tuition and fees the amount

29  provided by the state for each student, and agree not to

30  require or compel any opportunity scholarship student, or his

31  or her parent or guardian, to purchase materials, clothing, or


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  1  equipment that would not normally be required of a student

  2  attending a public school, such as, but not limited to,

  3  instructional materials, uniforms, or materials and equipment

  4  related to extracurricular activities.

  5         (j)  Agree not to compel any student attending the

  6  private school on an opportunity scholarship to profess a

  7  specific ideological belief, to pray, or to worship.

  8         (k)  Not compel or require any student attending the

  9  private school on an opportunity scholarship to profess a

10  specific ideological belief, to pray, or to worship.

11         (l)  Generate an annual report to include a detailed

12  accounting of all state funds, a review of educational

13  programs and operational policies, and an assessment of gains

14  in student achievement for each student served via an

15  opportunity scholarship. This report shall be submitted to the

16  Department of Education and made available to the general

17  public; however, the provisions of s. 228.093 shall apply to

18  this requirement.

19         (m)  Agree to accept opportunity scholarship students

20  for a minimum of 3 school years, or until the student

21  completes the highest grade available at the school, with the

22  exception that the student may be dismissed for violation of

23  school rules pertaining to the health, safety, or welfare of

24  students and staff. The private school shall adhere to the

25  tenets of its published due-process procedures prior to the

26  expulsion of any opportunity scholarship student. The private

27  school must also agree to be responsible for attendance during

28  that time period.

29         (n)  Use at least grade-appropriate textbooks and other

30  learning materials.

31         (5)  OBLIGATION OF PROGRAM PARTICIPATION.--


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  1         (a)  Any student participating in the opportunity

  2  scholarship program must remain in attendance throughout the

  3  school year, unless excused by the school for illness or other

  4  good cause, and must comply fully with the school's code of

  5  conduct. However, a student may be removed from a school for

  6  good cause, and a student may choose to leave a school to

  7  attend another school or be home-schooled.

  8         (b)  The parent or guardian of each student

  9  participating in the opportunity scholarship program must

10  comply fully with the private school's parental involvement

11  requirements, unless excused by the school for illness or

12  other good cause.

13         (c)  The parent or guardian shall ensure that the

14  student participating in the opportunity scholarship program

15  takes all statewide assessments required pursuant to s.

16  229.57. The private school and the school district shall

17  cooperate to ensure that the scholarship student takes all

18  statewide assessments required in s. 229.57. Students

19  participating in the opportunity scholarship program may take

20  such tests at a location and at a time provided by the school

21  district or the private school in accordance with state and

22  district assessment procedures, at the discretion of the

23  school district. If the school district chooses not to allow

24  opportunity scholarship students to participate with public

25  school students, the school district shall open state

26  assessment training workshops to private school test

27  administrators and provide supervision of the test

28  administration.

29         (d)  A participant who fails to comply with this

30  subsection shall forfeit the opportunity scholarship.

31         (6)  OPPORTUNITY SCHOLARSHIP FUNDING AND PAYMENT.--


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  1         (a)1.  The maximum opportunity scholarship granted for

  2  an eligible student shall be a calculated amount equivalent to

  3  the base student allocation multiplied by the weighted cost

  4  factor for the educational program that would have been

  5  provided for the student in the district school to which he or

  6  she was assigned, multiplied by the district cost

  7  differential. In addition, the calculated amount shall include

  8  the per student share of instructional materials funding,

  9  technology funding, and other categorical funds as provided

10  for this purpose in the General Appropriations Act. The amount

11  of the opportunity scholarship shall be the calculated amount

12  or the amount of the private school's tuition and fees,

13  whichever is less. Fees eligible shall include textbook fees,

14  lab fees, and other fees related to instruction, including

15  transportation. The district shall report all students who are

16  attending a private school under this program. The students

17  attending private schools on opportunity scholarships shall be

18  reported separately from those students reported for purposes

19  of the Florida Education Finance Program. The public or

20  private school that provides services to students with

21  disabilities shall receive the weighted funding for such

22  services at the appropriate funding level consistent with the

23  provisions of s. 236.025.

24         2.  For purposes of calculating the opportunity

25  scholarship, a student will be eligible for the amount of the

26  appropriate basic cost factor if:

27         a.  The student currently participates in a Group I

28  program funded at the basic cost factor and is not

29  subsequently identified as having a disability; or

30         b.  The student currently participates in a Group II

31  program and the parent has chosen a private school that does


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  1  not provide the additional services funded by the Group II

  2  program.

  3         3.  Following annual notification on July 1 of the

  4  number of participants, the Department of Education shall

  5  transfer from each school district's appropriated funds the

  6  calculated amount from the Florida Education Finance Program

  7  and authorized categorical accounts to a separate account for

  8  the Opportunity Scholarship Program for quarterly disbursement

  9  to the parents or guardians of participating students.

10         (b)  Upon proper documentation reviewed and approved by

11  the Department of Education, the Comptroller shall make

12  opportunity scholarship payments in four equal amounts no

13  later than September 1, November 1, February 1, and April 1 of

14  each academic year in which the opportunity scholarship is in

15  force. The initial payment shall be made after Department of

16  Education verification of admission acceptance and subsequent

17  payments shall be made upon verification of continued

18  enrollment and attendance at the private school. Payment must

19  be by individual warrant made jointly payable to the student's

20  parent or guardian and eligible private school chosen by the

21  parent or guardian, and the parent or guardian shall

22  restrictively endorse the warrant to the private school.

23         (7)  LIABILITY.--No liability shall arise on the part

24  of the state based on any grant or use of an opportunity

25  scholarship.

26         (8)  PILOT PROGRAM.--There is established a pilot

27  program, which is separate and distinct from the Opportunity

28  Scholarship Program, in the Broward, Clay, and Sarasota school

29  districts to provide scholarships to a public or private

30  school of choice for students with disabilities whose academic

31  progress in at least two areas has not met expected levels for


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  1  the previous year, as determined by the student's individual

  2  education plan. Student participation in the pilot program is

  3  limited to 5 percent of the students with disabilities in the

  4  participating school districts during the first year, 10

  5  percent of students with disabilities during the second year,

  6  and 20 percent of students with disabilities during the third

  7  and subsequent years. The following applies to the pilot

  8  program:

  9         (a)  To be eligible to participate in the pilot

10  program, a private school must meet all requirements of

11  subsection (4). For purposes of the pilot program,

12  notification under paragraph (4)(a) must be separate from the

13  notification under the Opportunity Scholarship Program.

14         (b)  Each school district that participates in the

15  pilot program must comply with the requirements in

16  subparagraph (3)(a)2. and paragraph (3)(c).

17         (c)  The amount of the scholarship in the pilot program

18  shall not exceed the amount the student would have received

19  under the Florida Education Finance Program in the public

20  school to which he or she is assigned.

21         (d)  To be eligible for a scholarship under the pilot

22  program, a student or parent must:

23         1.  Comply with the eligibility criteria in paragraphs

24  (2)(b) and (c) and all provisions of subsection (5) which

25  apply to students with disabilities;

26         2.  For the school year immediately prior to the year

27  in which the scholarship will be in effect, have documented

28  the student's failure to meet specific performance levels

29  identified in the individual education plan, or, absent

30  specific performance levels identified in the individual

31  education plan, the student must have performed below grade


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  1  level on state or local assessments and the parent believes

  2  that the student is not progressing adequately toward the

  3  goals in the individual education plan; and

  4         3.  Have requested the scholarship prior to the time at

  5  which the number of valid requests exceeds the district's cap

  6  for the year in which the scholarship will be awarded.

  7

  8  Subsections (6) and (9) shall apply to the pilot program

  9  authorized in this subsection. This pilot program is not

10  intended to affect the eligibility of the state or school

11  district to receive federal funds for students with

12  disabilities.

13         (9)  RULES.--The State Board of Education may adopt

14  rules pursuant to ss. 120.536(1) and 120.54 to implement the

15  provisions of this section. Rules shall include penalties for

16  noncompliance with subsections (3) and (5). However, the

17  inclusion of eligible private schools within options available

18  to Florida public school students does not expand the

19  regulatory authority of the state, its officers, or any school

20  district to impose any additional regulation of private

21  schools beyond those reasonably necessary to enforce

22  requirements expressly set forth in this section and by

23  federal law.

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

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

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

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

28  read:

29         229.512  Commissioner of Education; general powers and

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

31


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  1  educational officer of the state, and has the following

  2  general powers and duties:

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

  4  education accountability designed to provide all students the

  5  opportunity to make adequate learning gains in each year of

  6  school as provided by statute and State Board of Education

  7  rule which is based upon the achievement of the state

  8  education goals, recognizing the State Board of Education as

  9  the body corporate responsible for the supervision of the

10  system of public education, the school board as responsible

11  for school and student performance, and the individual school

12  as the unit for education accountability.;

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

14  distribution of materials relating to the state system of

15  public education which will supply information concerning

16  needs, problems, plans, and possibilities.;

17         (16)  To prepare and publish annually reports giving

18  statistics and other useful information pertaining to the

19  state system of public education, including the Opportunity

20  Scholarship Program.; and

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

22  instruments, instructions, and regulations of the State Board

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

24  same.

25         Section 4.  Section 229.555, Florida Statutes, is

26  amended to read:

27         229.555  Educational planning and information

28  systems.--

29         (1)  EDUCATIONAL PLANNING.--

30         (a)  The commissioner shall be responsible for all

31  planning functions for the department, including collection,


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

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

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

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

  5  Such planning shall include assembling data, conducting

  6  appropriate studies and surveys, and sponsoring research and

  7  development activities designed to provide information about

  8  educational needs and the effect of alternative educational

  9  practices.

10         (b)  Each district school board shall maintain a

11  continuing system of planning and budgeting which shall be

12  designed to aid in identifying and meeting the educational

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

14  coordination between district school boards and community

15  college district boards of trustees concerning the planning

16  for vocational and adult educational programs.  The major

17  emphasis of the system shall be upon locally determined goals

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

19  State minimum performance Standards developed by the

20  Department of Education and adopted by the State Board of

21  Education.  The district planning and budgeting system must

22  include consideration of student achievement data obtained

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

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

25  The system of planning and budgeting shall ensure that the

26  budget adopted by the district school board with reflect the

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

28  shall utilize its system of planning and budgeting to

29  emphasize a system of school-based management in which

30  individual school centers become the principal planning units

31


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  1  and eventually to integrate planning and budgeting at the

  2  school level.

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

  4  commissioner shall develop and implement an integrated

  5  information system for educational management. The system must

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

  7  and school performance data required to ascertain the degree

  8  to which schools and school districts are meeting state

  9  performance standards, and must be capable of producing data

10  for a comprehensive annual report on school and district

11  performance. In addition, the system shall support, as

12  feasible, the management decisions to be made in each division

13  of the department and at the individual school and district

14  levels.  Similar data elements among divisions and levels

15  shall be compatible.  The system shall be based on an overall

16  conceptual design; the information needed for such decisions,

17  including fiscal, student, program, personnel, facility,

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

19  relationship between cost and effectiveness.  The system shall

20  be managed and administered by the commissioner and shall

21  include a district subsystem component to be administered at

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

23  control management committees.  Each district school system

24  with a unique management information system shall assure that

25  compatibility exists between its unique system and the

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

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

28  made available via electronic transfer and in the appropriate

29  input format.

30         (a)  The specific responsibilities of the commissioner

31  shall include:


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  1         1.  Consulting with school district representatives in

  2  the development of the system design model and implementation

  3  plans for the management information system for public school

  4  education management;

  5         2.  Providing operational definitions for the proposed

  6  system;

  7         3.  Determining the information and specific data

  8  elements required for the management decisions made at each

  9  educational level, recognizing that the primary unit for

10  information input is shall be the individual school and

11  recognizing that time and effort of instructional personnel

12  expended in collection and compilation of data should be

13  minimized;

14         4.  Developing standardized terminology and procedures

15  to be followed at all levels of the system;

16         5.  Developing a standard transmittal format to be used

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

18         6.  Developing appropriate computer programs to assure

19  integration of the various information components dealing with

20  students, personnel, facilities, fiscal, program, community,

21  and evaluation data;

22         7.  Developing the necessary programs to provide

23  statistical analysis of the integrated data provided in

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

25  disseminated, comparisons may be made, and relationships may

26  be determined in order to provide the necessary information

27  for making management decisions at all levels;

28         8.  Developing output report formats which will provide

29  district school systems with information for making management

30  decisions at the various educational levels;

31


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  1         9.  Developing a phased plan for distributing computer

  2  services equitably among all public schools and school

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

  4  shall describe alternatives available to the state in

  5  providing such computing services and shall contain estimates

  6  of the cost of each alternative, together with a

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

  8  feasibility of shared use of computing hardware and software

  9  by school districts, community colleges, and universities

10  shall be examined.  Laws or administrative rules regulating

11  procurement of data processing equipment, communication

12  services, or data processing services by state agencies shall

13  not be construed to apply to local agencies which share

14  computing facilities with state agencies;

15         10.  Assisting the district school systems in

16  establishing their subsystem components and assuring

17  compatibility with current district systems;

18         11.  Establishing procedures for continuous evaluation

19  of system efficiency and effectiveness;

20         12.  Initiating a reports-management and

21  forms-management system to ascertain that duplication in

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

23  for reporting under state and federal requirements and other

24  forms and reports are prepared in a logical and uncomplicated

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

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

27         13.  Initiating such other actions as are necessary to

28  carry out the intent of the Legislature that a management

29  information system for public school management needs be

30  implemented.  Such other actions shall be based on criteria

31  including, but not limited to:


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  1         a.  The purpose of the reporting requirement;

  2         b.  The origination of the reporting requirement;

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

  4  and

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

  6         (b)  The specific responsibilities of each district

  7  school system shall include:

  8         1.  Establishing, at the district level, a

  9  reports-control and forms-control management system committee

10  composed of school administrators and classroom teachers.  The

11  district school board shall appoint school administrator

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

13  where appropriate, the classroom teacher members shall be

14  appointed by the bargaining agent. Teachers shall constitute a

15  majority of the committee membership. The committee shall

16  periodically recommend procedures to the district school board

17  for eliminating, reducing, revising, and consolidating

18  paperwork and data collection requirements and shall submit to

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

20         2.  With assistance from the commissioner, developing

21  systems compatibility between the state management information

22  system and unique local systems.

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

24  inservice training dealing with management information system

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

26  the use of output report information.

27         4.  Establishing a plan for continuous review and

28  evaluation of local management information system needs and

29  procedures.

30         5.  Advising the commissioner of all district

31  management information needs.


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  1         6.  Transmitting required data input elements to the

  2  appropriate processing locations in accordance with guidelines

  3  established by the commissioner.

  4         7.  Determining required reports, comparisons, and

  5  relationships to be provided to district school systems by the

  6  system output reports, continuously reviewing these reports

  7  for usefulness and meaningfulness, and submitting recommended

  8  additions, deletions, and change requirements in accordance

  9  with the guidelines established by the commissioner.

10         8.  Being responsible for the accuracy of all data

11  elements transmitted to the department.

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

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

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

15  implementation of a comprehensive management information

16  system.

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

18  Statutes, is amended to read:

19         229.565  Educational evaluation procedures.--

20         (1)  STUDENT PERFORMANCE STANDARDS.--

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

22  performance standards in key academic subject areas and the

23  various program categories and chronological grade levels

24  which the Commissioner of Education designates as necessary

25  for maintaining a good educational system. The standards must

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

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

28  education, foreign language, reading, writing, history,

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

30  commissioner shall obtain opinions and advice from citizens,

31  educators, and members of the business community in developing


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

  2  performance standard" means a statement describing a skill or

  3  competency students are expected to learn.

  4         (b)  The student performance standards must address the

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

  6  graduate from high school. The commissioner shall also develop

  7  performance standards for students who learn a higher level of

  8  skills and competencies.

  9         Section 6.  Section 229.57, Florida Statutes, 1998

10  Supplement, is amended to read:

11         229.57  Student assessment program.--

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

13  statewide assessment program are is to provide information

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

15  maximizing the learning gains of all students and to inform

16  parents of the educational progress of their public school

17  children.  The program must be designed to:

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

19  toward achieving the Sunshine State Standards appropriate for

20  the student's grade level.

21         (b)  Provide data for making decisions regarding school

22  accountability and recognition.

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

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

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

26  standard high school diploma.

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

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

29  state levels.

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

31  and development of educational programs and policies.


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  1         (f)  Provide information on the performance of Florida

  2  students compared with others across the United States.

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

  4  of Education shall develop a statistical assessment tool for

  5  measuring pupil progress during a school year which shall be

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

  7  "pupil progress assessment" means a statistical system for

  8  educational outcome assessment which:

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

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

11  statistical distributions, which distributions:

12         1.  Shall be determined using available data from the

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

14  Department of Education, to measure the differences in student

15  prior year achievement against the current year achievement or

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

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

18  estimated on a per-student and constant basis.

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

20  expressed in linear scales such that the effects of ceiling

21  and floor dispersions are minimized.

22         (b)  The statistical system shall provide for an

23  approach which provides for best linear unbiased prediction

24  for the teacher, school, and school district effects on pupil

25  progress.  These estimates should adequately be able to

26  determine effects of and compare teachers who teach multiple

27  subjects to the same groups of students, and team teaching

28  situations where teachers teach a single subject to multiple

29  groups of students, or other teaching situations as

30  appropriate.

31


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  1         1.  The department, in consultation with the Office of

  2  Program Policy Analysis and Government Accountability, and

  3  other sources as appropriate, shall use recognized approaches

  4  to statistical variance and estimating random effects.

  5         2.  The approach used by the department shall be

  6  approved by the State Board of Education before implementation

  7  for pupil progression assessment.

  8         (3)(2)  NATIONAL EDUCATION COMPARISONS.--It is

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

10  educational goals set by the President and governors of the

11  United States.  The Commissioner of Education is directed to

12  provide for school districts to participate in the

13  administration of the National Assessment of Educational

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

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

16  programs which may be initiated.  Such assessments must be

17  conducted using the data collection procedures, the student

18  surveys, the educator surveys, and other instruments included

19  in the National Assessment of Educational Progress or a

20  similar program.  The results of these assessments shall be

21  included in the annual report of the Commissioner of Education

22  specified in this section.  The administration of the National

23  Assessment of Educational Progress or a similar program shall

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

25  statewide assessment program otherwise described in this

26  section.

27         (4)(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner

28  shall is directed to design and implement a statewide program

29  of educational assessment that provides information for the

30  improvement of the operation and management of the public

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


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  1  as not to conflict with ongoing district assessment programs

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

  3  Pursuant to the statewide assessment program, the commissioner

  4  shall:

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

  6  student skills and competencies to which the goals for

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

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

  9  The skills and competencies must include problem-solving and

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

11  Sunshine State Standards.  The commissioner shall select such

12  skills and competencies after receiving recommendations from

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

14  The commissioner shall submit to the state board revisions to

15  the list of student skills and competencies in order to

16  maintain continuous progress toward improvements in student

17  proficiency.

18         (b)  Develop and implement a uniform system of

19  indicators to describe the performance of public school

20  students and the characteristics of the public school

21  districts and the public schools.  These indicators must

22  include, without limitation, information gathered by the

23  comprehensive management information system created pursuant

24  to s. 229.555 and student achievement information obtained

25  pursuant to this section.

26         (c)  Develop and implement a student achievement

27  testing program as part of the statewide assessment program,

28  to be administered annually in grades 3 through 10 at

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

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

31  The testing program must be designed so that:


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  1         1.  The tests measure student skills and competencies

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

  3  tests must measure and report student proficiency levels in

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

  5  measured statewide beginning in 2003. Other content areas may

  6  be included as directed by the commissioner.  The commissioner

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

  8  appropriate, through contracts and project agreements with

  9  private vendors, public vendors, public agencies,

10  postsecondary institutions, or school districts.  The

11  commissioner shall obtain input with respect to the design and

12  implementation of the testing program from state educators and

13  the public.

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

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

16  the commissioner, items that require the student to produce

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

18  competencies he or she uses can be measured.

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

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

21  which students are required to produce writings which are then

22  scored by appropriate methods.

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

24  below which score a student's performance is deemed

25  inadequate.  The school districts shall provide appropriate

26  remedial instruction to students who score below these levels.

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

28  grade students take a high school competency test developed by

29  the state board to test minimum student performance skills and

30  competencies in reading, writing, and mathematics. The test

31  must be based on the skills and competencies adopted by the


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    CS for CS for SB 1756                          First Engrossed



  1  state board pursuant to paragraph (a). Upon recommendation of

  2  the commissioner, the state board shall designate a passing

  3  score for each part of the high school competency test. In

  4  establishing passing scores, the state board shall consider

  5  any possible negative impact of the test on minority students.

  6  The commissioner may establish criteria whereby a student who

  7  successfully demonstrates proficiency in either reading or

  8  mathematics or both may be exempted from taking the

  9  corresponding section of the high school competency test or

10  the college placement test.  A student must earn a passing

11  score or have been exempted from each part of the high school

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

13  diploma. The school districts shall provide appropriate

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

15  competency test.

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

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

18  assessment test described in this paragraph instead of the

19  high school competency test described in subparagraph 5. Such

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

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

22  recommendation of the commissioner, the state board shall

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

24  assessment test. In establishing passing scores, the state

25  board shall consider any possible negative impact of the test

26  on minority students.

27         7.6.  Participation in the testing program is mandatory

28  for all students, except as otherwise prescribed by the

29  commissioner.  The commissioner shall recommend rules to the

30  state board for the provision of test adaptations and

31  modifications of procedures as necessary for students in


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    CS for CS for SB 1756                          First Engrossed



  1  exceptional education programs and for students who have

  2  limited English proficiency.

  3         8.7.  A student seeking an adult high school diploma

  4  must meet the same testing requirements that a regular high

  5  school student must meet.

  6         9.  School districts must provide instruction to

  7  prepare students to demonstrate proficiency in the skills and

  8  competencies necessary for successful grade-to-grade

  9  progression and high school graduation. The commissioner shall

10  conduct studies as necessary to verify that the required

11  skills and competencies are part of the district instructional

12  programs.

13

14  The commissioner may design and implement student testing

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

16  procedures designated by the commissioner to monitor

17  educational achievement in the state.

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

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

20  10 to assist them in preparing for further education or

21  entering the workforce.  The statewide student assessment

22  program must include career planning assessment.

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

24  methods of assessing student performance, including, without

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

26  of electronic transfer of data, the development of

27  work-product assessments, and the development of process

28  assessments.

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

30  student achievement data, including, without limitation,

31  monitoring trends in student achievement, identifying school


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  1  programs that are successful, and analyzing correlates of

  2  school achievement.

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

  4  districts in the implementation of state and district testing

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

  6  programs.

  7         (5)(4)  DISTRICT TESTING PROGRAMS.--Each district shall

  8  periodically assess student performance and achievement within

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

10  based upon local goals and objectives that are compatible with

11  the state plan for education and that supplement the skills

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

13  school districts must participate in the state assessment

14  program designed to measure annual student learning and school

15  performance. All school districts shall report assessment

16  results as required by the management information system. In

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

18  normed achievement test selected from a list approved by the

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

20  provided to the Department of Education according to

21  procedures specified by the commissioner.  The commissioner

22  may request achievement data for other grade levels as

23  necessary.

24         (6)(5)  SCHOOL TESTING PROGRAMS.--Each public school,

25  unless specifically exempted by state board rule based on

26  serving a specialized population for which standardized

27  testing is not appropriate, shall participate in the state

28  assessment program. Student performance data shall be analyzed

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

30  performance data shall be used in developing objectives of the

31  school improvement plan, evaluation of instructional


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    CS for CS for SB 1756                          First Engrossed



  1  personnel, evaluation of administrative personnel, assignment

  2  of staff, allocation of resources, acquisition of

  3  instructional materials and technology, performance-based

  4  budgeting, and promotion and assignment of students into

  5  educational programs administering an achievement test,

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

  7  each public school administering the high school competency

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

  9  each administration.  The analysis of student performance data

10  also must identify strengths and needs in the educational

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

12  conjunction with the budgetary planning processes developed

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

14  remediation described in s. 233.051.

15         (7)(6)  ANNUAL REPORTS.--The commissioner shall prepare

16  annual reports of the results of the statewide assessment

17  program which describe student achievement in the state, each

18  district, and each school.  The commissioner shall prescribe

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

20  without limitation, descriptions of the performance of all

21  schools participating in the assessment program and all of

22  their major student populations as determined by the

23  Commissioner of Education, and must also include the median

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

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

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

27  pertaining to student records apply to this section students

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

29  performance of students scoring in the middle 50 percent of

30  the test population. Until such time as annual assessments

31  prescribed in this section are fully implemented, annual


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    CS for CS for SB 1756                          First Engrossed



  1  reports shall include student performance data based on

  2  existing assessments.

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

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

  5  performance data, the annual report shall identify schools as

  6  being in one of the following grade categories defined

  7  according to rules of the state board:

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

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

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

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

12  progress.

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

14         (9)  DESIGNATION OF SCHOOL PERFORMANCE GRADE

15  CATEGORIES.--School performance grade category designations

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

17         (a)  Timeframes.--

18         1.  School performance grade category designations

19  shall be based on one school year of performance.

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

21  performance grade category designation shall be determined by

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

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

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

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

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

27  school's performance grade category designation shall be based

28  on a combination of student achievement scores as measured by

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

30  students, and on other appropriate performance data,

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


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    CS for CS for SB 1756                          First Engrossed



  1  school discipline data, cohort graduation rate, and student

  2  readiness for college.

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

  4  thereafter, a school's performance grade category designation

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

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

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

  8  attendance, dropout rate, school discipline data, the

  9  availability of adequate and appropriate textbooks and

10  instructional materials for each student, and student

11  readiness for college.

12

13  For the purpose of implementing ss. 229.0535 and 229.0537, if

14  any school of the 4 schools that were identified as critically

15  low performing, based on both 1996-1997 and 1997-1998 school

16  performance data and state board adopted criteria, receives a

17  performance grade category designation of "F" based on

18  1998-1999 school performance data, that school shall be

19  considered as having failed to make adequate progress for 2

20  years in a 4-year period. All other schools that receive a

21  performance grade category designation of "F" based on

22  1998-1999 school performance data shall be considered as

23  having failed to make adequate progress for 1 year.

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

25  used in determining school performance grade categories shall

26  include:

27         1.  The median scores of all eligible students enrolled

28  in the school.

29         2.  The median scores of all eligible students enrolled

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

31  percentile of the state in the previous school year.


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    CS for CS for SB 1756                          First Engrossed



  1         3.  In schools with a student mobility rate of 50

  2  percent or more per year, only the median assessment scores of

  3  students who have been enrolled in the school for more than

  4  one year will be used in determining the school's performance

  5  grade category.

  6

  7  The state board shall adopt appropriate criteria for each

  8  school performance grade category so as to ensure that school

  9  performance grade category designations reflect each school's

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

11  The criteria must also give added weight to student

12  achievement in reading. Schools designated as performance

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

14  required to demonstrate that adequate progress has been made

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

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

17  students in the school.

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

19  1999-2000 school year's student and school performance data,

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

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

22  improvement rating shall be based on a comparison of the

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

24  performance data. Schools that improve at least one

25  performance grade category are eligible for school recognition

26  awards pursuant to s. 231.2905.

27         (11)  SCHOOl PERFORMANCE GRADE CATEGORY AND IMPROVEMENT

28  RATING REPORTS.--School performance grade category

29  designations and improvement ratings shall apply to each

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

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


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    CS for CS for SB 1756                          First Engrossed



  1  published annually by the Department of Education and the

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

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

  4  the school in which their child is enrolled. The address of

  5  the parent's or guardian's local school board and State

  6  Department of Education shall be included on the report card.

  7  The report shall include a statement established by the

  8  Commissioner of Education which serves to encourage the

  9  student's parent or guardian to make recommendations or

10  provide comments to the Department of Education and their

11  local school board regarding the report card and the plight of

12  their child's school. The Department of Education and the

13  school district shall review parent feedback and shall

14  annually produce a report to the Legislature concerning the

15  parent feedback.

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

17  Education is authorized, subject to appropriation, to

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

19  testing, and implementation of annual assessments of students

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

21  following criteria:

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

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

24  Standards for that grade level and above.

25         (b)  Assessments shall be capable of measuring the

26  annual progress each student makes in mastering the Sunshine

27  State Standards.

28         (c)  Assessments shall include measures in reading and

29  mathematics in each grade level and must include writing and

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

31  statewide in 2003.


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    CS for CS for SB 1756                          First Engrossed



  1         (d)  Assessments shall include a norm-referenced

  2  subtest that allows for comparisons of Florida students with

  3  the performance of students nationally.

  4         (e)  The annual testing program shall be administered

  5  to provide for valid statewide comparisons of learning gains

  6  to be made for purposes of accountability and recognition.

  7  Annual assessments that do not contain performance items shall

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

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

10  academic year.  Subtests that contain performance items may be

11  given earlier than March, provided that the remaining subtests

12  are sufficient to provide valid data on comparisons of student

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

14  be aligned such that a comparable amount of instructional time

15  is measured in all school districts.  District school boards

16  shall not establish school calendars that jeopardize or limit

17  the valid testing and comparison of student learning gains.

18         (f)  Assessments shall be implemented statewide no

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

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

21  gains of students in all subjects other than subjects required

22  for the state assessment program is the responsibility of the

23  school districts.

24         (14)(7)  APPLICABILITY OF TESTING STANDARDS.--A student

25  must meet the testing requirements for high school graduation

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

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

28         (15)(8)  RULES.--The State Board of Education shall

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

30  to implement the provisions of this section.

31


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    CS for CS for SB 1756                          First Engrossed



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

  2  factor-in the performance of schools in calculating any

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

  4  annual General Appropriations Act.

  5         Section 7.  Section 229.58, Florida Statutes, 1998

  6  Supplement, is amended to read:

  7         229.58  District and school advisory councils.--

  8         (1)  ESTABLISHMENT.--

  9         (a)  The school board shall establish an advisory

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

11  procedures for the election and appointment of advisory

12  council members. Each school advisory council shall include in

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

14  advisory council shall be the sole body responsible for final

15  decisionmaking at the school relating to implementation of the

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

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

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

19  shall be composed of the principal and an appropriately

20  balanced number of teachers, education support employees,

21  students, parents, and other business and community citizens

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

23  community served by the school.  Vocational-technical center

24  and high school advisory councils shall include students, and

25  middle and junior high school advisory councils may include

26  students.  School advisory councils of vocational-technical

27  and adult education centers are not required to include

28  parents as members.  Council members representing teachers,

29  education support employees, students, and parents shall be

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

31  fair and equitable manner as follows:


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    CS for CS for SB 1756                          First Engrossed



  1         1.  Teachers shall be elected by teachers.

  2         2.  Education support employees shall be elected by

  3  education support employees.

  4         3.  Students shall be elected by students.

  5         4.  Parents shall be elected by parents.

  6

  7  The school board shall establish procedures for use by schools

  8  in selecting business and community members. Such procedures

  9  shall include means of ensuring wide notice of vacancies and

10  for taking input on possible members from local business,

11  chambers of commerce, community and civic organizations and

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

13  the membership composition of each advisory council.  Should

14  the school board determine that the membership elected by the

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

16  economic community served by the school, the board shall

17  appoint additional members to achieve proper representation.

18  The Commissioner of Florida Commission on Education Reform and

19  Accountability shall serve as a review body to determine if

20  schools have maximized their efforts to include on their

21  advisory councils minority persons and persons of lower

22  socioeconomic status. Although schools should be strongly

23  encouraged to establish school advisory councils, any school

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

25  establish a district advisory council which shall include at

26  least one duly elected teacher from each school in the

27  district.  For the purposes of school advisory councils and

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

29  classroom teachers, certified student services personnel, and

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

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


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    CS for CS for SB 1756                          First Engrossed



  1  not defined as instructional or administrative personnel

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

  3  hours in each normal working week.

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

  5  council representative of the district and composed of

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

  7  advisory council which may be comprised of representatives of

  8  each school advisory council.  Recognized schoolwide support

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

10  function as school advisory councils.

11         (2)  DUTIES.--Each advisory council shall perform such

12  functions as are prescribed by regulations of the  school

13  board; however, no advisory council shall have any of the

14  powers and duties now reserved by law to the school board.

15  Each school advisory council shall assist in the preparation

16  and evaluation of the school improvement plan required

17  pursuant to s. 230.23(16). By the 1999-2000 academic year,

18  with technical assistance from the Department of Education,

19  each school advisory council shall assist in the preparation

20  of the school's annual budget and plan as required by s.

21  229.555(1). A portion of funds provided in the annual General

22  Appropriations Act for use by school advisory councils must be

23  used for implementing the school improvement plan.

24         Section 8.  Section 229.591, Florida Statutes, 1998

25  Supplement, is amended to read:

26         229.591  Comprehensive revision of Florida's system of

27  school improvement and education accountability.--

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

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

30  precious resource.  To provide these developing citizens with

31  the sound education needed to grow to a satisfying and


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    CS for CS for SB 1756                          First Engrossed



  1  productive adulthood, the Legislature intends that, by the

  2  year 2000, Florida establish a system of school improvement

  3  and education accountability based on the performance of

  4  students and educational programs. The intent of the

  5  Legislature is to provide clear guidelines for achieving this

  6  purpose and for returning the responsibility for education to

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

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

  9  its ultimate responsibility and that of the Governor, the

10  Commissioner of Education, and the State Board of Education

11  and other state policymaking bodies in providing the strong

12  leadership needed to forge a new concept of school improvement

13  and in making adequate provision by law provisions for a

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

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

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

17  build upon the foundation established by the Educational

18  Accountability Act of 1976 and to implement a program of

19  education accountability and school improvement based upon the

20  achievement of state goals, recognizing the State Board of

21  Education as the body corporate responsible for the

22  supervision of the system of public education, the district

23  school board as responsible for school and student

24  performance, and the individual school as the unit for

25  education accountability.

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

27  improvement and education accountability shall:

28         (a)  Establish state and local educational goals.

29         (b)  Increase the use of educational outcomes over

30  educational processes in assessing educational programs.

31


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    CS for CS for SB 1756                          First Engrossed



  1         (c)  Redirect state fiscal and human resources to

  2  assist school districts and schools to meet state and local

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

  4         (d)  Provide methods for measuring, and public

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

  6  progress toward the education goals.

  7         (e)  Recognize successful schools.

  8         (f)  Provide for Ensure that unsuccessful schools

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

10  are provided assistance and intervention sufficient to attain

11  adequate such that improvement occurs, and provide further

12  ensure that action that should occur when schools do not

13  improve.

14         (g)  Provide that parents or guardians are not required

15  to send their children to schools that have been designated in

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

17  progress, as defined in state board rule, for two school years

18  in a 4-year period.

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

20  toward the following goals:

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

22  schools collaborate in a statewide comprehensive school

23  readiness program to prepare children and families for

24  children's success in school.

25         (b)  Graduation rate and readiness for postsecondary

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

27  to enter the workforce and postsecondary education.

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

29  learning gains sufficient to acquire the knowledge, skills,

30  and competencies needed to master state standards,

31  successfully compete at the highest levels nationally and


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    CS for CS for SB 1756                          First Engrossed



  1  internationally, and be are prepared to make well-reasoned,

  2  thoughtful, and healthy lifelong decisions.

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

  4  learning environment conducive to teaching and learning, in

  5  which education programs are based on student performance

  6  data, and which strive to eliminate achievement gaps by

  7  improving the learning of all students.

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

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

10  students' health, safety, and civil rights.

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

12  postsecondary institutions, and state work collaboratively to

13  provide ensure professional teachers and staff who possess the

14  competencies and demonstrate the performance needed to

15  maximize learning among all students.

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

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

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

19  exercise the rights and responsibilities of citizenship.

20         (h)  Parental, family, and community

21  involvement.--Communities, school boards, and schools provide

22  opportunities for involving parents, families, and guardians,

23  and other community stakeholders as collaborative active

24  partners in achieving school improvement and education

25  accountability. The State Board of Education shall adopt

26  standards for indicating progress toward this state education

27  goal by January 1, 1997.

28         Section 9.  Section 229.592, Florida Statutes, 1998

29  Supplement, is amended to read:

30         229.592  Implementation of state system of school

31  improvement and education accountability.--


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    CS for CS for SB 1756                          First Engrossed



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

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

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

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

  5  school year.  Vocational standards considered pursuant to s.

  6  239.229 shall be incorporated into the school improvement plan

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

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

  9  prepare school report cards incorporating such standards,

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

11  order to accomplish this, the Florida Commission on Education

12  Reform and Accountability and the school districts and schools

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

14  230.23(16), respectively.

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

16  the Florida Commission on Education Reform and Accountability,

17  the Legislature may enact such laws as it considers necessary

18  to establish and maintain a state system of school improvement

19  and accountability.  If, after considering the recommendations

20  of the commission, the Legislature determines an adequate

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

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

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

24  improvement.

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

26  responsible for implementing and maintaining a system of

27  intensive school improvement and stringent education

28  accountability, which shall include policies and programs

29  based on the recommendations of the Florida Commission on

30  Education Reform and Accountability to.

31


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    CS for CS for SB 1756                          First Engrossed



  1         (a)  Based on the recommendations of The Florida

  2  Commission on Education Reform and Accountability, the

  3  commissioner shall develop and implement the following

  4  programs and procedures:

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

  6  will improve information about the educational success of

  7  individual students and schools. The information and analyses

  8  must be capable of identifying educational programs or

  9  activities in need of improvement, and reports prepared

10  pursuant to this paragraph subparagraph shall be distributed

11  to the appropriate school boards prior to distribution to the

12  general public.  This provision shall not preclude access to

13  public records as provided in chapter 119.

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

15  analyze information to identify schools, educational programs,

16  or educational activities in need of improvement.

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

18  districts and schools to improve.

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

20  educational goals and school improvement plans any other state

21  program that creates incentives for school improvement.

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

23  the implementation and maintenance of the system of school

24  improvement and education accountability outlined in this

25  section subsection.  There shall be an annual determination of

26  whether adequate progress is being made toward implementing

27  and maintaining a system of school improvement and education

28  accountability.

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

30  by the commission and the Department of Education.

31


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

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

  3  findings to the State Board of Education.  If adequate

  4  progress is not being made toward implementing and maintaining

  5  a system of school improvement and education accountability,

  6  the State Board of Education shall direct the commissioner to

  7  prepare and implement a corrective action plan. The

  8  commissioner and State Board of Education shall monitor the

  9  development and implementation of the corrective action plan.

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

11  Education Reform and Accountability,  The commissioner shall

12  appear before the appropriate committees of the Legislature

13  annually in October to report to the Legislature and recommend

14  changes in state policy necessary to foster school improvement

15  and education accountability. The report shall reflect the

16  recommendations of the Florida Commission on Education Reform

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

18  the schools for which school boards have developed assistance

19  and intervention plans and an analysis of the various

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

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

22  according to guidelines adopted by the State Board of

23  Education.

24         (8)(4)  DEPARTMENT.--

25         (a)  The Department of Education shall implement a

26  training program to develop among state and district educators

27  a cadre of facilitators of school improvement.  These

28  facilitators shall assist schools and districts to conduct

29  needs assessments and develop and implement school improvement

30  plans to meet state goals.

31


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  1         (b)  Upon request, the department shall provide

  2  technical assistance and training to any school, school

  3  advisory council, district, or school board for conducting

  4  needs assessments, developing and implementing school

  5  improvement plans, developing and implementing assistance and

  6  intervention plans, or implementing other components of school

  7  improvement and accountability. Priority for these services

  8  shall be given to schools designated as performance grade

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

10  populated areas of the state.

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

12  not release funds from the Educational Enhancement Trust Fund

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

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

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

16  comply with school advisory council membership composition

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

18  send a technical assistance team to each school without an

19  approved plan to develop such school improvement plan or to

20  each school without appropriate school advisory council

21  membership composition to develop a strategy for corrective

22  action.  The department shall release the funds upon approval

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

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

25  department's intervention and shall identify each school

26  without a plan or without appropriate school advisory council

27  membership composition.

28         (9)(5)  STATE BOARD.--The State Board of Education

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

30  necessary to implement a state system of school improvement

31  and education accountability and shall specify required annual


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

  2  based on recommendations of the Commission on Education Reform

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

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

  5  Education Enhancement Trust Fund allocations to the district

  6  and the school and how those allocations were used for

  7  educational enhancement and supporting school improvement.

  8         (10)(6)  EXCEPTIONS TO LAW.--To facilitate innovative

  9  practices and to allow local selection of educational methods,

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

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

12  School Code that relate to instruction and school operations,

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

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

15  authorized to grant waivers for any provisions of law

16  pertaining to the allocation and appropriation of state and

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

18  and organization of school board members and superintendents;

19  graduation and state accountability standards; financial

20  reporting requirements; public meetings; public records; or

21  due process hearings governed by chapter 120. Prior to

22  approval, the commissioner shall report pending waiver

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

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

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

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

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

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

29  the commissioner shall report to the President and Minority

30  Leader of the Senate and the Speaker and Minority Leader of

31


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  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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  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, the State Board of Education, and the Florida

30  Commission on Education Reform and Accountability for use in

31


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  1  determining which statutes and rules stand in the way of

  2  school improvement.

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

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

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

  6  228.0565(5), (7), (8), (9), and (10).

  7         2.  Schools that have improved at least two performance

  8  grade categories and that meet the criteria of the Florida

  9  School Recognition Program pursuant to s. 231.2905 may be

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

11  (8), (9), and (10).

12         Section 10.  Subsection (5) of section 229.595, Florida

13  Statutes, is amended to read:

14         229.595  Implementation of state system of education

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

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

17  school, the school shall Any assessment required for student

18  receipt of a high school diploma shall include items designed

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

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

21  guardian with the results of such assessment. The Commissioner

22  of Florida Commission on Education Reform and Accountability

23  shall identify the employability skills associated with

24  successful entry into the workforce from which such items

25  shall be derived.

26         Section 11.  Paragraphs (c) and (g) of subsection (5),

27  paragraph (b) of subsection (7), and subsections (16) and (17)

28  of section 230.23, Florida Statutes, 1998 Supplement, are

29  amended, present subsection (18) is amended and renumbered as

30  subsection (20), and new subsections (18) and (19) are added

31  to that section, to read:


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  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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  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  distribution, accounting, storage, care, and use of all

20  instructional materials textbooks and other books furnished by

21  the state and furnish such other instructional materials

22  textbooks and library books as may be needed. The school board

23  is responsible for assuring that instructional materials used

24  in the district are consistent with the district goals and

25  objectives and the curriculum frameworks approved by the State

26  Board of Education, as well as with the state and district

27  performance standards provided for in ss. 229.565 and

28  232.2454.

29         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

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

31  education accountability as provided by statute and State


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

  2  education accountability shall be consistent with, and

  3  implemented through, the district's continuing system of

  4  planning and budgeting required by this section and ss.

  5  229.555 and 237.041. This system of school improvement and

  6  education accountability shall include, but is not be limited

  7  to, the following:

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

  9  require implementation of a new, amended, or continuation

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

11  plan shall be designed to achieve the state education goals

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

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

14  address issues relative to budget, training, instructional

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

16  other matters of resource allocation, as determined by school

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

18  achievement and other school performance data.

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

20  of a school improvement plan presented by an individual school

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

22  approve a school improvement plan after exhausting this

23  process, the Department of Education Florida Commission on

24  Education Reform and Accountability shall be notified of the

25  need for assistance.

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

27  3-year plan of increasing individualized assistance and

28  intervention for each school in danger of that does not

29  meeting state standards meet or making make adequate progress,

30  based upon the recommendations of the commission, as defined

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


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  1  meeting the goals and standards of its approved school

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

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

  4  danger of failing and must be provided assistance and

  5  intervention.

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

  7  Florida Commission on Education Reform and Accountability and

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

  9  make adequate progress toward meeting the goals and standards

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

11  years of failing to make adequate progress district assistance

12  and intervention and proceed according to guidelines developed

13  pursuant to statute and State Board of Education rule. School

14  districts shall provide intervention and assistance to schools

15  in danger of being designated as performance grade category

16  "F," failing to make adequate 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. The address of the parent's or guardian's

26  local school board and State Department of Education shall be

27  included on the report card. The report shall include a

28  statement established by the Commissioner of Education which

29  serves to encourage the student's parent or guardian to make

30  recommendations or provide comments to the Department of

31  Education and their local school board regarding the report


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  1  card and the plight of their child's school. The Department of

  2  Education and the school district shall review parent feedback

  3  and shall annually produce a report to the Legislature

  4  concerning the parent feedback.

  5         1.  The report cards shall also include, but are not

  6  limited to:

  7         a.  The percentage of limited English proficient

  8  students;

  9         b.  The per pupil expenditures and state aid ratio;

10         c.  The percentage of budget allocated to salaries and

11  benefits of administrative personnel;

12         d.  The percentage of budget allocated for salaries and

13  benefits of teachers;

14         e.  The percentage of increase over the previous year

15  for salaries and benefits of administrative and instructional

16  personnel; and

17         f.  The number of administrative personnel to

18  instructional personnel.

19         2.  The school report card shall include, for purposes

20  of comparison and review, the statewide average for each

21  element reported by school and a comparison of the district

22  averages for each element reported by school and a comparison

23  of the district averages for each element reported by district

24  with the averages of school districts that have similar

25  characteristics as defined by the commissioner.

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  A school identified as performance grade category "F" for one

31  school year, pursuant to s. 229.57, shall receive school


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  1  district funds for the next school year at a level necessary

  2  to reduce each K through 3rd grade class to no more than 15

  3  students for each full-time classroom teacher and at a level

  4  necessary to provide for an instructional year that is

  5  equivalent to a 210-day schedule for each student in grades 4

  6  through 12.

  7         (17)  LOCAL-LEVEL DECISIONMAKING.--

  8         (a)  Adopt policies that clearly encourage and enhance

  9  maximum decisionmaking appropriate to the school site. Such

10  policies must include guidelines for schools in the adoption

11  and purchase of district and school site instructional

12  materials and technology, staff training, school advisory

13  council member training, student support services, budgeting,

14  and the allocation of staff resources.

15         (b)  Adopt waiver process policies to enable all

16  schools to exercise maximum flexibility and notify advisory

17  councils of processes to waive school district and state

18  policies.

19         (c)  Develop policies for periodically monitoring the

20  membership composition of school advisory councils to ensure

21  compliance with requirements established in s. 229.58.

22         (d)  Adopt policies that assist in giving greater

23  autonomy, including authority over the allocation of the

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

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

26  having improved at least two performance grade categories.

27         (18)  OPPORTUNITY SCHOLARSHIPS.--Adopt policies

28  allowing students attending schools that have been designated

29  as performance grade category "F," failing to make adequate

30  progress, for two school years in a 4-year period to attend a

31  higher performing school in the district or an adjoining


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  1  district or be granted a state opportunity scholarship to a

  2  private school, in conformance with s. 229.0537 and state

  3  board rule.

  4         (19)  AUTHORITY TO DECLARE AN EMERGENCY.--The school

  5  board is authorized to declare an emergency in cases in which

  6  one or more schools in the district are failing or in danger

  7  of failing and negotiate special provisions of its contract

  8  with the appropriate bargaining units to free these schools

  9  from contract restrictions that limit the school's ability to

10  implement programs and strategies needed to improve student

11  performance.

12         (20)(18)  ADOPT RULES.--Adopt rules pursuant to ss.

13  120.536(1) and 120.54 to implement the provisions of this

14  section.

15         Section 12.  Paragraph (a) of subsection (3) of section

16  231.29, Florida Statutes, 1998 Supplement, is amended to read:

17         231.29  Assessment procedures and criteria.--

18         (3)  The assessment procedure for instructional

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

20  following requirements:

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

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

23  educational principles and contemporary research in effective

24  educational practices. Beginning with the full implementation

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

26  primarily use data and indicators of improvement in student

27  performance assessed annually as specified in s. 229.57 and

28  may consider results of peer reviews in evaluating the

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

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

31  following:


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  1         1.  Ability to maintain appropriate discipline.

  2         2.  Knowledge of subject matter. The district school

  3  board shall make special provisions for evaluating teachers

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

  5         3.  Ability to plan and deliver instruction.

  6         4.  Ability to evaluate instructional needs.

  7         5.  Ability to communicate with parents.

  8         6.  Other professional competencies, responsibilities,

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

10  Education and policies of the district school board.

11         Section 13.  Subsection (2) of section 231.2905,

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

13  that section, to read:

14         231.2905  Florida School Recognition Program.--

15         (2)  The Florida School Recognition Program is created

16  to provide greater autonomy and financial awards to faculty

17  and staff of schools that sustain high performance or that

18  demonstrate exemplary improvement due to innovation and

19  effort.  The Commissioner of Education shall establish

20  statewide objective criteria for schools to be invited to

21  apply for the Florida School Recognition Program. The

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

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

24  school district must have incorporated a performance incentive

25  program into its employee salary structure. All public

26  schools, including charter schools, are eligible to

27  participate in the program.

28         (a)  Initial criteria for identification of schools

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

30  include, but is not be limited to:

31


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

  2  data.

  3         (b)2.  Statewide student achievement data.

  4         (c)  Student learning gains when such data becomes

  5  available.

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

  7         (e)4.  Dropout rates.

  8         (f)5.  Attendance rates.

  9         (g)  Graduation rates.

10         (h)  Cohort graduation rates.

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

12  identified, schools must apply for final recognition and

13  financial awards based on established criteria.  Criteria must

14  include, but not be limited to:

15         1.  School climate, including rates of school violence

16  and crime.

17         2.  Indicators of innovation in teaching and learning.

18         3.  Indicators of successful challenging school

19  improvement plans.

20         4.  Parent, community, and student involvement in

21  learning.

22         (c)  After identification of schools for final

23  recognition and financial awards, awards must be distributed

24  based on employee performance criteria established in district

25  school board policy.

26         (3)  The School Recognition Program shall utilize the

27  school performance grade category designations in s. 229.57.

28         Section 14.  Section 232.245, Florida Statutes, is

29  amended to read:

30         232.245  Pupil progression; remedial instruction;

31  reporting requirements.--


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  1         (1)  It is the intent of the Legislature that each

  2  student's progression from one grade to another be determined,

  3  in part, upon proficiency in reading, writing, science, and

  4  mathematics; that school district policies facilitate such

  5  proficiency; and that each student and his or her parent or

  6  legal guardian be informed of that student's academic

  7  progress.

  8         (2)  Each district school board shall establish a

  9  comprehensive program for pupil progression which must

10  include:

11         (a)  Standards for evaluating each pupil's performance,

12  including how well he or she masters the performance standards

13  approved by the state board according to s. 229.565; and

14         (b)  Specific levels of performance in reading,

15  writing, science, and mathematics for each grade level,

16  including the levels of performance on statewide assessments

17  at selected grade levels in elementary school, middle school,

18  and high school as defined by the Commissioner of Education,

19  below which a student must receive remediation, or and may be

20  retained within an intensive program that is different from

21  the previous year's program and that takes into account the

22  student's learning style. No student may be assigned to a

23  grade level based solely on age or other factors that

24  constitute social promotion. School boards shall allocate

25  remedial and supplemental instruction resources first to

26  students who fail to meet achievement performance levels

27  required for promotion. The state board shall adopt rules to

28  prescribe limited circumstances in which a student may be

29  promoted without meeting the specific assessment performance

30  levels prescribed by the district's pupil progression plan.

31  Such rules shall specifically address the promotion of


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  1  students with limited English proficiency and students with

  2  disabilities. A school district must consider an appropriate

  3  alternative placement for a student who has been retained 2 or

  4  more years.

  5         (3)  Each student must participate in the statewide

  6  assessment tests required by s. 229.57. Each student who does

  7  not meet specific levels of performance as determined by the

  8  district school board in reading, writing, science, and

  9  mathematics for each grade level, or who does not meet

10  specific levels of performance, determined by the Commissioner

11  of Education, on statewide assessments at selected grade

12  levels, must be provided with additional diagnostic

13  assessments to determine the nature of the student's

14  difficulty and areas of academic need. The school in which the

15  student is enrolled must develop, in consultation with the

16  student's parent or legal guardian, and must implement an

17  academic improvement plan designed to assist the student in

18  meeting state and district expectations for proficiency. Each

19  plan must include the provision of intensive remedial

20  instruction in the areas of weakness. through one or more of

21  the following activities, as considered appropriate by the

22  school administration:

23         (a)  Summer school coursework;

24         (b)  Extended-day services;

25         (c)  Parent tutorial programs;

26         (d)  Contracted academic services;

27         (e)  Exceptional education services; or

28         (f)  Suspension of curriculum other than reading,

29  writing, and mathematics. Remedial instruction provided during

30  high school may not be in lieu of English and mathematics

31  credits required for graduation.


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  1

  2  Upon subsequent evaluation, if the documented deficiency has

  3  not been corrected in accordance with the academic improvement

  4  plan, the student may be retained. Each student who does not

  5  meet the minimum performance expectations defined by the

  6  Commissioner of Education for the statewide assessment tests

  7  in reading, writing, science, and mathematics must retake the

  8  state assessment test in the subject area of deficiency and

  9  must continue remedial or supplemental instruction until the

10  expectations are met or the student graduates from high school

11  or is not subject to compulsory school attendance.

12         (4)  Any student who exhibits substantial deficiency in

13  reading skills, based on locally determined assessments

14  conducted before the end of grade 1 or, grade 2, and grade 3,

15  or based on teacher recommendation, must be given intensive

16  reading instruction immediately following the identification

17  of the reading deficiency. The student's reading proficiency

18  must be reassessed by locally determined assessment or based

19  on teacher recommendation at the beginning of the grade

20  following the intensive reading instruction, and the student

21  must continue to be given intensive reading instruction until

22  the reading deficiency is remedied. If the student's reading

23  deficiency, as determined by the locally determined assessment

24  at grades 1 and 2, or by the statewide assessment at grade 3,

25  is not remedied by the end of grade 4 and 2 or grade 3, or if

26  the student scores below the specific level of performance,

27  determined by the local school board, on the statewide

28  assessment test in reading and writing given in elementary

29  school, the student must be retained. The local school board

30  may exempt a student from mandatory retention for good cause.

31


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  1         (5)  Beginning with the 1997-1998 school year, any

  2  student who exhibits substantial deficiency in reading skills,

  3  based on locally determined assessments conducted at the

  4  beginning of grade 2, grade 3, and grade 4, or based on

  5  teacher recommendation, must be given intensive reading

  6  instruction immediately following the identification of the

  7  reading deficiency. The student's reading proficiency must be

  8  reassessed by locally determined assessment or based on

  9  teacher recommendation at the beginning of the grade following

10  the intensive reading instruction, and the student must

11  continue to be given intensive reading instruction until the

12  reading deficiency is remedied.  If the student's reading

13  deficiency is not remedied by the end of grade 5, the student

14  may be retained.

15         (5)(6)  Each district must annually report to the

16  parent or legal guardian of each student the progress of the

17  student towards achieving state and district expectations for

18  proficiency in reading, writing, science, and mathematics. The

19  district must report to the parent or legal guardian the

20  student's results on each statewide assessment test. The

21  evaluation of each student's progress must be based upon the

22  student's classroom work, observations, tests, district and

23  state assessments, and other relevant information. Progress

24  reporting must be provided to the parent or legal guardian in

25  writing in a format adopted by the district school board.

26         (6)(7)  The Commissioner of Education shall adopt rules

27  pursuant to ss. 120.536(1) and 120.54 necessary for the

28  administration of this section.

29         (7)(8)  The Department of Education shall provide

30  technical assistance as needed to aid school districts in

31  administering this section.


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  1         Section 15.  Section 233.061, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         233.061  Required instruction.--

  4         (1)  Each school district and private school receiving

  5  opportunity scholarships shall provide all courses required

  6  for high school graduation and appropriate instruction

  7  designed to ensure that students meet state board adopted

  8  standards in the following subject areas: reading and other

  9  language arts, mathematics, science, social studies, foreign

10  languages, health and physical education, and the arts.

11         (2)  Members of the instructional staff of the public

12  schools and private schools receiving opportunity

13  scholarships, subject to the rules and regulations of the

14  commissioner, the state board, and the school board, shall

15  teach efficiently and faithfully, using the books and

16  materials required, following the prescribed courses of study,

17  and employing approved methods of instruction, the following:

18         (a)  The content of the Declaration of Independence and

19  how it forms the philosophical foundation of our government.

20         (b)  The arguments in support of adopting our

21  republican form of government, as they are embodied in the

22  most important of the Federalist Papers.

23         (c)  The essentials of the United States Constitution

24  and how it provides the structure of our government.

25         (d)  Flag education, including proper flag display and

26  flag salute.

27         (e)  The elements of civil government shall include the

28  primary functions of and interrelationships between the

29  Federal Government, the state, and its counties,

30  municipalities, school districts, and special districts.

31


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  1         (f)  The history of the Holocaust (1933-1945), the

  2  systematic, planned annihilation of European Jews and other

  3  groups by Nazi Germany, a watershed event in the history of

  4  humanity, to be taught in a manner that leads to an

  5  investigation of human behavior, an understanding of the

  6  ramifications of prejudice, racism, and stereotyping, and an

  7  examination of what it means to be a responsible and

  8  respectful person, for the purposes of encouraging tolerance

  9  of diversity in a pluralistic society and for nurturing and

10  protecting democratic values and institutions.

11         (g)  The history of African Americans, including the

12  history of African peoples before the political conflicts that

13  led to the development of slavery, the passage to America, the

14  enslavement experience, abolition, and the contributions of

15  African Americans to society.

16         (h)  The elementary principles of agriculture.

17         (i)  The true effects of all alcoholic and intoxicating

18  liquors and beverages and narcotics upon the human body and

19  mind.

20         (j)  Kindness to animals.

21         (k)  The history of the state.

22         (l)  The conservation of natural resources.

23         (m)  Comprehensive health education that addresses

24  concepts of community health; consumer health; environmental

25  health; family life, including an awareness of the benefits of

26  sexual abstinence as the expected standard and the

27  consequences of teenage pregnancy; mental and emotional

28  health; injury prevention and safety; nutrition; personal

29  health; prevention and control of disease; and substance use

30  and abuse.

31


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  1         (n)  Such additional materials, subjects, courses, or

  2  fields in such grades as are prescribed by law or by rules of

  3  the commissioner and the school board in fulfilling the

  4  requirements of law.

  5         (o)  The study of Hispanic contributions to the United

  6  States.

  7         (p)  The study of women's contributions to the United

  8  States.

  9         (3)  Any child whose parent presents to the school

10  principal a signed statement that the teaching of disease, its

11  symptoms, development, and treatment, and the viewing of

12  pictures or motion pictures that teach about disease, conflict

13  with the religious teachings of the child's religious

14  affiliation, is exempt from such instruction; and a child so

15  exempted may not be penalized by reason of that exemption.

16         Section 16.  Subsection (12) of section 228.053,

17  Florida Statutes, is amended to read:

18         228.053  Developmental research schools.--

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

20  practices and facilitate the mission of the developmental

21  research schools, in addition to the exceptions to law

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

23  permitted for developmental research schools:

24         (a)  The methods and requirements of the following

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

26  230.03; 230.04; 230.05; 230.061; 230.08; 230.10; 230.105;

27  230.11; 230.12; 230.15; 230.16; 230.17; 230.173; 230.18;

28  230.19; 230.201; 230.202; 230.21; 230.22; 230.2215; 230.2318;

29  230.232; 230.24; 230.241; 230.26; 230.28; 230.30; 230.303;

30  230.31; 230.32; 230.321; 230.33; 230.35; 230.39; 230.63;

31  230.64; 230.643; 234.01; 234.021; 234.112; 236.25; 236.261;


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  1  236.29; 236.31; 236.32; 236.35; 236.36; 236.37; 236.38;

  2  236.39; 236.40; 236.41; 236.42; 236.43; 236.44; 236.45;

  3  236.46; 236.47; 236.48; 236.49; 236.50; 236.51; 236.52;

  4  236.55; 236.56; 237.051; 237.071; 237.091; 237.201; 237.40;

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

  6  230.23, s. 230.23 shall be held in abeyance. Reference to

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

  8  university or the president's designee.

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

10  waived for any developmental research school so requesting,

11  provided the general statutory purpose of each section is met

12  and the developmental research school has submitted a written

13  request to the Joint Developmental Research School Planning,

14  Articulation, and Evaluation Committee for approval pursuant

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

16  233.34; 237.01; 237.02; 237.031; 237.041; 237.061; 237.081;

17  237.111; 237.121; 237.131; 237.141; 237.151; 237.161; 237.162;

18  237.171; 237.181; 237.211; and 237.34. Notwithstanding

19  reference to the responsibilities of the superintendent or

20  school board in chapter 237, developmental research schools

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

22  least, adhere to the general state agency accounting

23  procedures established in s. 11.46.

24         1.  Two or more developmental research schools may

25  jointly originate a request for waiver and submit the request

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

27  advisory council of each developmental research school

28  desiring the waiver.

29         2.  A developmental research school may submit a

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

31  presented by a school advisory council established pursuant to


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

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

  3  request is made using forms established pursuant to s.

  4  229.592(6). The Joint Developmental Research School Planning,

  5  Articulation, and Evaluation Committee shall monitor the

  6  waiver activities of all developmental research schools and

  7  shall report annually to the department and the Florida

  8  Commission on Education Reform and Accountability, in

  9  conjunction with the feedback report required pursuant to s.

10  229.592(3), the number of waivers requested and submitted to

11  the committee by developmental research schools, and the

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

13  request not approved, the committee shall report the statute

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

15  the developmental research school request, and the reason the

16  request was not approved.

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

18  shall indicate at least how the general statutory purpose will

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

20  improving student outcomes related to the student performance

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

22  improvement will be evaluated and reported. In considering any

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

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

25  protection of the public interest.

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

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

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

29  not issued. Notwithstanding the request provisions of s.

30  229.592(6), developmental research schools shall request all

31  waivers through the Joint Developmental Research School


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  1  Planning, Articulation, and Evaluation Committee, as

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

  3  disapprove said requests pursuant to this subsection and s.

  4  229.592(6); however, the Commissioner of Education shall have

  5  standing to challenge any decision of the committee should it

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

  7  of the students or public interest. The department shall

  8  immediately notify the committee and developmental research

  9  school of the decision and provide a rationale therefor.

10         Section 17.  Paragraph (e) of subsection (2) of section

11  228.054, Florida Statutes, is amended to read:

12         228.054  Joint Developmental Research School Planning,

13  Articulation, and Evaluation Committee.--

14         (2)  The committee shall have the duty and

15  responsibility to:

16         (e)  Provide assistance to schools in the waiver

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

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

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

20  the Legislature additional barriers and statutes that hinder

21  the implementation of s. 228.053.

22         Section 18.  Subsection (3) of section 233.17, Florida

23  Statutes, is amended to read:

24         233.17  Term of adoption for instructional materials.--

25         (3)  The department shall publish annually an official

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

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

28  3, 4, 5, and 6. If extenuating circumstances warrant, the

29  Commissioner of Education may order the department to add one

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

31  the commissioner shall develop criteria for such additional


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

  2  them available to publishers as soon as practicable.

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

  4  criteria for such additional subject area or areas may be

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

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

  7  promote balance among the subject areas so that the required

  8  expenditure for new instructional materials is approximately

  9  the same each year in order to maintain curricular

10  consistency.

11         Section 19.  Subsection (6) of section 236.685, Florida

12  Statutes, is amended to read:

13         236.685  Educational funding accountability.--

14         (6)  The annual school public accountability report

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

16  school financial report. The purpose of the school financial

17  report is to better inform parents and the public concerning

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

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

20  uniform, districtwide format that is easy to read and

21  understand.

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

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

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

25  lottery funds; federal funds; and private donations.

26         (b)  Expenditures must be reported as the total

27  expenditures per unweighted full-time equivalent student at

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

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

30  the following categories and subcategories:

31


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  1         1.  Teachers, excluding substitute teachers, and

  2  teacher aides who provide direct classroom instruction to

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

  4         a.  Basic programs;

  5         b.  Students-at-risk programs;

  6         c.  Special programs for exceptional students;

  7         d.  Career education programs; and

  8         e.  Adult programs.

  9         2.  Substitute teachers.

10         3.  Other instructional personnel, including

11  school-based instructional specialists and their assistants.

12         4.  Contracted instructional services, including

13  training for instructional staff and other contracted

14  instructional services.

15         5.  School administration, including school-based

16  administrative personnel and school-based education support

17  personnel.

18         6.  The following materials, supplies, and operating

19  capital outlay:

20         a.  Textbooks;

21         b.  Computer hardware and software;

22         c.  Other instructional materials;

23         d.  Other materials and supplies; and

24         e.  Library media materials.

25         7.  Food services.

26         8.  Other support services.

27         9.  Operation and maintenance of the school plant.

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

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

30  operations. The total amount of these district-level

31


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  1  expenditures must be reported and expressed as total

  2  expenditures per full-time equivalent student.

  3

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

  5  center" as defined by s. 228.041.

  6         Section 20.  Effective July 1, 1999, section 236.08104,

  7  Florida Statutes, is created to read:

  8         236.08104  Supplemental academic instruction;

  9  categorical fund.--

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

11  supplemental academic instruction to students in kindergarten

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

13  "Supplemental Academic Achievement Categorical Fund."

14         (2)  Categorical funds for supplemental academic

15  instruction shall be allocated annually to each school

16  district in the amount provided in the General Appropriations

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

18  appropriated on the basis of full-time equivalent student

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

20  shall be included in the total potential funds of each

21  district.  These funds shall be used only to provide

22  supplemental academic instruction to students enrolled in the

23  K-12 program.  Supplemental instruction may include methods

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

25  holding Saturday morning sessions, and other methods for

26  improving student achievement and may be provided to a student

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

28  180-day term identified by the school as being the most

29  effective and efficient way to best help that student progress

30  from grade to grade and to graduate.

31


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

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

  3  shall be provided in the FEFP only for students enrolled

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

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

  6  students shall be provided through the supplemental academic

  7  instruction categorical fund and other state, federal, and

  8  local fund sources with ample flexibility for schools to

  9  provide supplemental instruction to assist students in

10  progressing from grade to grade and graduating.

11         (4)  The Florida State University School, as a

12  developmental research school, is authorized to expend from

13  its FEFP or Lottery Enhancement Trust Fund allocation the cost

14  to the student of remediation in reading, writing, or

15  mathematics for any graduate who requires remediation at a

16  postsecondary institution.

17         Section 21.  Effective July 1, 1999, paragraph (c) of

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

19  amended to read:

20         236.013  Definitions.--Notwithstanding the provisions

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

22  the purposes of this act:

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

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

25  part-time students as follows:

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

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

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

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

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

31


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

  2  calculations:

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

  4  adult student or a senior high school student enrolled in

  5  adult education when such courses are required for high school

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

  7  236.081(1)(c) shall be a fraction of a full-time equivalent

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

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

10  by the appropriate number of hours set forth in subparagraph

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

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

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

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

15  special education programs and shall be recorded as time in

16  the appropriate basic program.

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

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

19  a full-time equivalent membership.

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

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

22  full-time equivalent membership in each special program equal

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

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

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

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

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

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

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

30  education programs and shall be recorded as time in the

31  appropriate basic program.


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

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

  3  membership in each basic and special program equal to the

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

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

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

  7  subparagraph (a)2.

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

  9  school student enrolled in adult education when such courses

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

11  full-time equivalent membership in each special program equal

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

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

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

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

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

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

18  equivalent membership in each regular or special program equal

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

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

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

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

23  meet the requirements specified for kindergarten students.

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

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

26  equivalent membership equal to the number of instructional

27  hours in membership divided by the appropriate number of hours

28  set forth in subparagraph (a)1.; however, unless otherwise

29  provided in the General Appropriations Act for the purposes of

30  this subparagraph, membership in programs scheduled for more

31  than 180 days is limited to:


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

  2  exceptional students with disabilities;

  3         b.  Special vocational-technical programs;

  4         c.  Special adult general education programs;

  5         b.d.  Residential Dropout prevention programs as

  6  defined in s. 230.2316 for students in residential programs

  7  operated by the Department of Children and Family Services;

  8  programs operated by the Department of Juvenile Justice as

  9  defined in s. 230.23161 in which students receive educational

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

11  230.23166 for students who are in need of such additional

12  instruction;

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

14  230.2316 in which students are placed for academic or

15  disciplinary purposes or Programs in English for speakers of

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

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

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

19  of such additional instruction;

20         f.  Other basic programs offered for promotion or

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

22         g.  Programs which modify the school year to

23  accommodate the needs of children who have moved with their

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

25  industries, provided such programs are approved by the

26  commissioner.

27

28  The department shall determine and implement an equitable

29  method of equivalent funding for experimental schools and for

30  schools operating under emergency conditions, which schools

31  have been approved by the department under the provisions of


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

  2  day.

  3         Section 22.  Subsection (7) of section 239.101, Florida

  4  Statutes, is amended to read:

  5         239.101  Legislative intent.--

  6         (7)  The Legislature finds that career education is a

  7  crucial component of the educational programs conducted within

  8  school districts and community colleges. Accordingly, career

  9  education must be represented in accountability processes

10  undertaken for educational institutions. It is the intent of

11  the Legislature that the vocational standards articulated in

12  s. 239.229(2) be considered in the development of

13  accountability measures for public schools pursuant to ss.

14  229.591, 229.592, 229.593, 229.594, and 230.23(16) and for

15  community colleges pursuant to s. 240.324.

16         Section 23.  Subsection (1) of section 239.229, Florida

17  Statutes, 1998 Supplement, is amended to read:

18         239.229  Vocational standards.--

19         (1)  The purpose of career education is to enable

20  students who complete vocational programs to attain and

21  sustain employment and realize economic self-sufficiency.  The

22  purpose of this section is to identify issues related to

23  career education for which school boards and community college

24  boards of trustees are accountable.  It is the intent of the

25  Legislature that the standards articulated in subsection (2)

26  be considered in the development of accountability standards

27  for public schools pursuant to ss. 229.591, 229.592, 229.593,

28  229.594, and 230.23(16) and for community colleges pursuant to

29  s. 240.324.

30         Section 24.  Subsection (1) of section 240.529, Florida

31  Statutes, is amended to read:


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  1         240.529  Public accountability and state approval for

  2  teacher preparation programs.--

  3         (1)  INTENT.--The Legislature recognizes that skilled

  4  teachers make an the most important contribution to a quality

  5  educational system that allows students to obtain a

  6  high-quality education and that competent teachers are

  7  produced by effective and accountable teacher preparation

  8  programs. The intent of the Legislature is to establish a

  9  system for development and approval of teacher preparation

10  programs that will free postsecondary teacher preparation

11  institutions to employ varied and innovative teacher

12  preparation techniques while being held accountable for

13  producing teachers with the competencies and skills for

14  achieving the state education goals and sustaining the state

15  system of school improvement and education accountability

16  established pursuant to ss. 229.591 and, 229.592, and 229.593.

17         Section 25.  For the purpose of incorporating the

18  amendments made by this act to section 230.23, Florida

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

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

21  Supplement, are reenacted to read:

22         24.121  Allocation of revenues and expenditure of funds

23  for public education.--

24         (5)

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

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

27  trust fund among public schools, community colleges, and

28  universities.

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

30  annually by the Legislature, shall be distributed to each

31  school district and shall be made available to each public


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  1  school in the district for enhancing school performance

  2  through development and implementation of a school improvement

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

  4  determined annually in the General Appropriations Act, must be

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

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

  7  projects selected by the school advisory council or by a

  8  parent advisory committee created pursuant to this paragraph.

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

10  district advisory council must appoint a parent advisory

11  committee composed of parents of students enrolled in that

12  school, which committee is representative of the ethnic,

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

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

15  funded.  A principal may not override the recommendations of

16  the school advisory council or the parent advisory committee.

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

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

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

20  advisory committee may independently determine that a program

21  or project formerly funded under this paragraph should receive

22  funds in a subsequent year.

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

24  the Educational Enhancement Trust Fund to any school district

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

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

27  with school advisory council membership composition

28  requirements pursuant to s. 229.58(1).

29         Section 26.  For the purpose of incorporating the

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

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


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

  2  reenacted to read:

  3         120.81  Exceptions and special requirements; general

  4  areas.--

  5         (1)  EDUCATIONAL UNITS.--

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

  7  scoring criteria, or testing procedures relating to student

  8  assessment which are developed or administered by the

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

10  232.246, or s. 232.247, or any other statewide educational

11  tests required by law, are not rules.

12         Section 27.  For the purpose of incorporating the

13  amendments made by this act to section 230.23, Florida

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

15  section 228.053, Florida Statutes, are reenacted and amended

16  to read:

17         228.053  Developmental research schools.--

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

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

20  research, demonstration, and evaluation regarding management,

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

22  developmental research school shall embody the goals and

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

24  229.591 and 229.592 and shall ensure an appropriate education

25  for its students.

26         (a)  Each developmental research school shall emphasize

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

28  The primary goal of a developmental research school is to

29  enhance instruction and research in such specialized subjects

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

31  while also providing an education in nonspecialized subjects.


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  1  Each developmental research school shall provide sequential

  2  elementary and secondary instruction where appropriate. A

  3  developmental research school may not provide instruction at

  4  grade levels higher than grade 12 without authorization from

  5  the State Board of Education. Each developmental research

  6  school shall develop and implement a school improvement plan

  7  pursuant to s. 230.23(16).

  8         (b)  Research, demonstration, and evaluation conducted

  9  at a developmental research school may be generated by the

10  college of education with which the school is affiliated.

11         (c)  Research, demonstration, and evaluation conducted

12  at a developmental research school may be generated by the

13  Education Standards Commission. Such research shall respond to

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

15  specific needs of the affiliated college.

16         (d)  Research, demonstration, and evaluation conducted

17  at a developmental research school may consist of pilot

18  projects to be generated by the affiliated college, the

19  Education Standards Commission, or the Legislature.

20         (e)  The exceptional education programs offered at a

21  developmental research school shall be determined by the

22  research and evaluation goals and the availability of students

23  for efficiently sized programs. The fact that a developmental

24  research school offers an exceptional education program in no

25  way lessens the general responsibility of the local school

26  district to provide exceptional education programs.

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

28  intent specify that Each public school in the state shall

29  establish a school advisory council that is reflective of the

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

31  responsible for the development and implementation of the


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

  2  Developmental research schools shall comply with the

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

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

  5  school may:

  6         1.  Establish an advisory body pursuant to the

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

  8  the development and implementation of the school improvement

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

10         2.  Establish an advisory board to provide general

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

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

13  president of the university shall appoint three faculty

14  members from the college of education, one layperson who

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

16  parents or legal guardians of students who attend the

17  developmental research school to serve on the advisory board.

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

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

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

21  The president shall stagger the terms of the initial

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

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

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

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

26  limitation on successive appointments to the board or

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

28  The board shall adopt internal organizational procedures or

29  bylaws necessary for efficient operation as provided in

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

31


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  1  travel expenses for the performance of their duties.  The

  2  board shall:

  3         a.  Meet at least quarterly.

  4         b.  Monitor the operations of the school and the

  5  distribution of moneys allocated for such operations.

  6         c.  Establish necessary policy, program, and

  7  administration modifications.

  8         d.  Evaluate biennially the performance of the director

  9  and principal and recommend corresponding action to the dean

10  of the college of education.

11         e.  Annually review evaluations of the school's

12  operation and research findings.

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

14  school may establish an advisory body responsible for the

15  development and implementation of the school improvement plan,

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

17  and guidance responsibilities. The advisory body shall reflect

18  the membership composition requirements established in s.

19  229.58, but may also include membership by the dean of the

20  college of education and additional members appointed by the

21  president of the university that represent faculty members

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

23  deemed appropriate for the mission of the school.

24         Section 28.  Paragraphs (b), (c), and (d) of subsection

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

26  are amended to read:

27         228.0565  Deregulated public schools.--

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

29  involving the operation of a deregulated public school shall

30  be considered in advance and written into the proposal.

31


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

  2  the district, which upon verification shall be forwarded to

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

  4  school accountability reports.  The report shall contain at

  5  least the following information:

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

  7  outlined in its proposal.

  8         2.  The information required in the annual school

  9  report pursuant to s. 229.592.

10         3.  Financial records of the school, including revenues

11  and expenditures.

12         4.  Salary and benefit levels of school employees.

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

14  is innovative and consistent with the state education goals

15  established by s. 229.591.

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

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

18  the State Board of Education, the Commissioner of Education,

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

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

21  comparison of the overall performance of students, to include

22  all students in deregulated public schools whose scores are

23  counted as part of the statewide norm-referenced assessment

24  tests, versus comparable public school students in the

25  district as determined by FCAT and district norm-referenced

26  assessment tests currently administered in the school

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

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

29  administered pursuant to s. 229.57(3).

30         Section 29.  For the purpose of incorporating the

31  amendments made by this act to section 229.57, Florida


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

  2  228.301, Florida Statutes, is reenacted to read:

  3         228.301  Test security.--

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

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

  6  Education or the Commissioner of Education for mandatory tests

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

  8  Commissioner of Education to students, educators, or

  9  applicants for certification or administered by school

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

11  test, knowingly and willfully to:

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

13  testing;

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

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

16  booklet;

17         (c)  Coach examinees during testing or alter or

18  interfere with examinees' responses in any way;

19         (d)  Make answer keys available to examinees;

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

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

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

23         (f)  Fail to follow test administration directions

24  specified in the test administration manuals; or

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

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

27         Section 30.  For the purpose of incorporating the

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

29  229.57, Florida Statutes, in references thereto, subsections

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

31  Supplement, are reenacted to read:


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  1         229.551  Educational management.--

  2         (1)  The department is directed to identify all

  3  functions which under the provisions of this act contribute

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

  5  accountability and to establish within the department the

  6  necessary organizational structure, policies, and procedures

  7  for effectively coordinating such functions.  Such policies

  8  and procedures shall clearly fix and delineate

  9  responsibilities for various aspects of the system and for

10  overall coordination of the total system.  The commissioner

11  shall perform the following duties and functions:

12         (a)  Coordination of department plans for meeting

13  educational needs and for improving the quality of education

14  provided by the state system of public education;

15         (b)  Coordination of management information system

16  development for all levels of education and for all divisions

17  of the department, to include the development and utilization

18  of cooperative education computing networks for the state

19  system of public education;

20         (c)  Development of database definitions and all other

21  items necessary for full implementation of a comprehensive

22  management information system as required by s. 229.555;

23         (d)  Coordination of all planning functions for all

24  levels and divisions within the department;

25         (e)  Coordination of all cost accounting and cost

26  reporting activities for all levels of education, including

27  public schools, vocational programs, community colleges, and

28  institutions in the State University System;

29         (f)  Development and coordination of a common course

30  designation and numbering system for postsecondary education

31  in school districts, community colleges, participating


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  1  nonpublic postsecondary education institutions, and the State

  2  University System which will improve program planning,

  3  increase communication among all postsecondary delivery

  4  systems, and facilitate the transfer of students.  The system

  5  shall not encourage or require course content prescription or

  6  standardization or uniform course testing, and the continuing

  7  maintenance of the system shall be accomplished by appropriate

  8  faculty committees representing public and participating

  9  nonpublic institutions. The Articulation Coordinating

10  Committee, whose membership represents public and nonpublic

11  postsecondary institutions, shall:

12         1.  Identify the highest demand degree programs within

13  the State University System.

14         2.  Conduct a study of courses offered by universities

15  and accepted for credit toward a degree.  The study shall

16  identify courses designated as either general education or

17  required as a prerequisite for a degree.  The study shall also

18  identify these courses as upper-division level or

19  lower-division level.

20         3.  Appoint faculty committees representing both

21  community college and university faculties to recommend a

22  single level for each course included in the common course

23  numbering and designation system.  Any course designated as an

24  upper-division level course must be characterized by a need

25  for advanced academic preparation and skills that a student

26  would be unlikely to achieve without significant prior

27  coursework. A course that is offered as part of an associate

28  in science degree program and as an upper-division course for

29  a baccalaureate degree shall be designated for both the lower

30  and upper division. Of the courses required for each

31  baccalaureate degree, at least half of the credit hours


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  1  required for the degree shall be achievable through courses

  2  designated as lower-division courses, except in degree

  3  programs approved by the Board of Regents pursuant to s.

  4  240.209(5)(e).  A course designated as lower-division may be

  5  offered by any community college. The Articulation

  6  Coordinating Committee shall recommend to the State Board of

  7  Education the levels for the courses.  The common course

  8  numbering and designation system shall include the courses at

  9  the recommended levels, and, by fall semester of 1996, the

10  registration process at each state university and community

11  college shall include the courses at their designated levels

12  and common course numbers.

13         4.  Appoint faculty committees representing both

14  community college and university faculties to recommend those

15  courses identified to meet general education requirements

16  within the subject areas of communication, mathematics, social

17  sciences, humanities, and natural sciences.  The Articulation

18  Coordinating Committee shall recommend to the State Board of

19  Education those courses identified to meet these general

20  education requirements by their common course code number. All

21  community colleges and state universities shall accept these

22  general education courses.

23         5.  Appoint faculty committees representing both

24  community colleges and universities to recommend common

25  prerequisite courses and identify course substitutions when

26  common prerequisites cannot be established for degree programs

27  across all institutions. Faculty work groups shall adopt a

28  strategy for addressing significant differences in

29  prerequisites, including course substitutions.  The Board of

30  Regents shall be notified by the Articulation Coordinating

31  Committee when significant differences remain.  Common degree


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  1  program prerequisites shall be offered and accepted by all

  2  state universities and community colleges, except in cases

  3  approved by the Board of Regents pursuant to s. 240.209(5)(f).

  4  The Board of Regents shall work with the State Board of

  5  Community Colleges on the development of a centralized

  6  database containing the list of courses and course

  7  substitutions that meet the prerequisite requirements for each

  8  baccalaureate degree program;

  9         (g)  Expansion and ongoing maintenance of the common

10  course designation and numbering system to include the

11  numbering and designation of postsecondary vocational courses

12  and facilitate the transfer of credits between public schools,

13  community colleges, and state universities.  The Articulation

14  Coordinating Committee shall:

15         1.  Adopt guidelines for the participation of public

16  school districts and community colleges in offering courses

17  that may be transferred to a certificate, diploma, or degree

18  program.  These guidelines shall establish standards

19  addressing faculty qualifications, admissions, program

20  curricula, participation in the common course designation and

21  numbering system, and other issues identified by the Task

22  Force on Workforce Development and the Commissioner of

23  Education.  Guidelines should also address the role of

24  accreditation in the designation of courses as transferable

25  credit. Such guidelines must not jeopardize the accreditation

26  status of educational institutions and must be based on data

27  related to the history of credit transfer among institutions

28  in this state and others.

29         2.  Identify postsecondary vocational programs offered

30  by community colleges and public school districts.  The list

31  shall also identify vocational courses designated as college


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  1  credit courses applicable toward a vocational diploma or

  2  degree.  Such courses must be identified within the common

  3  course numbering and designation system.

  4         3.  Appoint faculty committees representing both

  5  community college and public school faculties to recommend a

  6  standard program length and appropriate occupational

  7  completion points for each postsecondary vocational

  8  certificate program, diploma, and degree; and

  9         (h)  Development of common definitions necessary for

10  managing a uniform coordinated system of career education for

11  all levels of the state system of public education.

12         (3)  As a part of the system of educational

13  accountability, the department shall:

14         (a)  Develop minimum performance standards for various

15  grades and subject areas, as required in ss. 229.565 and

16  229.57.

17         (b)  Administer the statewide assessment testing

18  program created by s. 229.57.

19         (c)  Develop and administer an educational evaluation

20  program, including the provisions of the Plan for Educational

21  Assessment developed pursuant to s. 9, chapter 70-399, Laws of

22  Florida, and adopted by the State Board of Education.

23         (d)  Review the school advisory councils of each

24  district as required by s. 229.58.

25         (e)  Conduct the program evaluations required by s.

26  229.565.

27         (f)  Maintain a listing of college-level communication

28  and computation skills defined by the Articulation

29  Coordinating Committee as being associated with successful

30  student performance through the baccalaureate level and submit

31  the same to the State Board of Education for approval.


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  1         (g)  Maintain a listing of tests and other assessment

  2  procedures which measure and diagnose student achievement of

  3  college-level communication and computation skills and submit

  4  the same to the State Board of Education for approval.

  5         (h)  Maintain for the information of the State Board of

  6  Education and the Legislature a file of data compiled by the

  7  Articulation Coordinating Committee to reflect achievement of

  8  college-level communication and computation competencies by

  9  students in state universities and community colleges.

10         (i)  Develop or contract for, and submit to the State

11  Board of Education for approval, tests which measure and

12  diagnose student achievement of college-level communication

13  and computation skills.  Any tests and related documents

14  developed are exempt from the provisions of s. 119.07(1).  The

15  commissioner shall maintain statewide responsibility for the

16  administration of such tests and may assign administrative

17  responsibilities for the tests to any public university or

18  community college.  The state board, upon recommendation of

19  the commissioner, is authorized to enter into contracts for

20  such services beginning in one fiscal year and continuing into

21  the next year which are paid from the appropriation for either

22  or both fiscal years.

23         (j)  Perform any other functions that may be involved

24  in educational planning, research, and evaluation or that may

25  be required by the commissioner, the State Board of Education,

26  or law.

27         Section 31.  For the purpose of incorporating the

28  amendments made by this act to section 230.23, Florida

29  Statutes, in references thereto, subsection (4) of section

30  230.03, Florida Statutes, is reenacted to read:

31


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  1         230.03  Management, control, operation, administration,

  2  and supervision.--The district school system must be managed,

  3  controlled, operated, administered, and supervised as follows:

  4         (4)  PRINCIPAL OR HEAD OF SCHOOL.--Responsibility for

  5  the administration of any school or schools at a given school

  6  center, for the supervision of instruction therein, and for

  7  providing leadership in the development or revision and

  8  implementation of a school improvement plan required pursuant

  9  to s. 230.23(16) shall be delegated to the principal or head

10  of the school or schools as hereinafter set forth and in

11  accordance with rules established by the school board.

12         Section 32.  For the purpose of incorporating the

13  amendments made by this act to section 230.23, Florida

14  Statutes, in references thereto, paragraph (b) of subsection

15  (4) of section 230.2316, Florida Statutes, 1998 Supplement, is

16  reenacted to read:

17         230.2316  Dropout prevention.--

18         (4)  PROGRAM IMPLEMENTATION.--

19         (b)  Each school that establishes or continues a

20  dropout prevention program at that school site shall reflect

21  that program in the school improvement plan as required under

22  s. 230.23(16).

23         Section 33.  For the purpose of incorporating the

24  amendments made by this act to section 230.23, Florida

25  Statutes, in references thereto, section 231.085, Florida

26  Statutes, is reenacted to read:

27         231.085  Duties of principals.--A district school board

28  shall employ, through written contract, public school

29  principals who shall supervise the operation and management of

30  the schools and property as the board determines necessary.

31  Each principal shall perform such duties as may be assigned by


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  1  the superintendent pursuant to the rules of the school board.

  2  Such rules shall include, but not be limited to, rules

  3  relating to administrative responsibility, instructional

  4  leadership of the educational program of the school to which

  5  the principal is assigned, submission of personnel

  6  recommendations to the superintendent, administrative

  7  responsibility for records and reports, administration of

  8  corporal punishment, and student suspension.  Each principal

  9  shall provide leadership in the development or revision and

10  implementation of a school improvement plan pursuant to s.

11  230.23(16).

12         Section 34.  For the purpose of incorporating the

13  amendments made by this act to sections 229.591 and 229.592,

14  Florida Statutes, in references thereto, paragraph (a) of

15  subsection (3) of section 231.24, Florida Statutes, 1998

16  Supplement, is reenacted to read:

17         231.24  Process for renewal of professional

18  certificates.--

19         (3)  For the renewal of a professional certificate, the

20  following requirements must be met:

21         (a)  The applicant must earn a minimum of 6 college

22  credits or 120 inservice points or a combination thereof. For

23  each area of specialization to be retained on a certificate,

24  the applicant must earn at least 3 of the required credit

25  hours or equivalent inservice points in the specialization

26  area. Education in "clinical educator" training pursuant to s.

27  240.529(5)(b) and credits or points that provide training in

28  the area of exceptional student education, normal child

29  development, and the disorders of development may be applied

30  toward any specialization area. Credits or points that provide

31  training in the areas of drug abuse, child abuse and neglect,


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  1  strategies in teaching students having limited proficiency in

  2  English, or dropout prevention, or training in areas

  3  identified in the educational goals and performance standards

  4  adopted pursuant to ss. 229.591(3) and 229.592 may be applied

  5  toward any specialization area. Credits or points earned

  6  through approved summer institutes may be applied toward the

  7  fulfillment of these requirements. Inservice points may also

  8  be earned by participation in professional growth components

  9  approved by the State Board of Education and specified

10  pursuant to s. 236.0811 in the district's approved master plan

11  for inservice educational training, including, but not limited

12  to, serving as a trainer in an approved teacher training

13  activity, serving on an instructional materials committee or a

14  state board or commission that deals with educational issues,

15  or serving on an advisory council created pursuant to s.

16  229.58.

17         Section 35.  For the purpose of incorporating the

18  amendments made by this act to section 231.29, Florida

19  Statutes, in references thereto, paragraphs (e) and (f) of

20  subsection (3) of section 231.36, Florida Statutes, are

21  reenacted to read:

22         231.36  Contracts with instructional staff,

23  supervisors, and principals.--

24         (3)

25         (e)  A professional service contract shall be renewed

26  each year unless the superintendent, after receiving the

27  recommendations required by s. 231.29, charges the employee

28  with unsatisfactory performance and notifies the employee of

29  performance deficiencies as required by s. 231.29. An employee

30  who holds a professional service contract on July 1, 1997, is

31  subject to the procedures set forth in paragraph (f) during


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  1  the term of the existing professional service contract. The

  2  employee is subject to the procedures set forth in s.

  3  231.29(3)(d) upon the next renewal of the professional service

  4  contract; however, if the employee is notified of performance

  5  deficiencies before the next contract renewal date, the

  6  procedures of s. 231.29(3)(d) do not apply until the

  7  procedures set forth in paragraph (f) have been exhausted and

  8  the professional service contract is subsequently renewed.

  9         (f)  The superintendent shall notify an employee who

10  holds a professional service contract on July 1, 1997, in

11  writing, no later than 6 weeks prior to the end of the

12  postschool conference period, of performance deficiencies

13  which may result in termination of employment, if not

14  corrected during the subsequent year of employment (which

15  shall be granted for an additional year in accordance with the

16  provisions in subsection (1)). Except as otherwise hereinafter

17  provided, this action shall not be subject to the provisions

18  of chapter 120, but the following procedures shall apply:

19         1.  On receiving notice of unsatisfactory performance,

20  the employee, on request, shall be accorded an opportunity to

21  meet with the superintendent or the superintendent's designee

22  for an informal review of the determination of unsatisfactory

23  performance.

24         2.  An employee notified of unsatisfactory performance

25  may request an opportunity to be considered for a transfer to

26  another appropriate position, with a different supervising

27  administrator, for the subsequent year of employment.

28         3.  During the subsequent year, the employee shall be

29  provided assistance and inservice training opportunities to

30  help correct the noted performance deficiencies.  The employee

31


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  1  shall also be evaluated periodically so that he or she will be

  2  kept apprised of progress achieved.

  3         4.  Not later than 6 weeks prior to the close of the

  4  postschool conference period of the subsequent year, the

  5  superintendent, after receiving and reviewing the

  6  recommendation required by s. 231.29, shall notify the

  7  employee, in writing, whether the performance deficiencies

  8  have been corrected.  If so, a new professional service

  9  contract shall be issued to the employee.  If the performance

10  deficiencies have not been corrected, the superintendent may

11  notify the school board and the employee, in writing, that the

12  employee shall not be issued a new professional service

13  contract; however, if the recommendation of the superintendent

14  is not to issue a new professional service contract, and if

15  the employee wishes to contest such recommendation, the

16  employee will have 15 days from receipt of the

17  superintendent's recommendation to demand, in writing, a

18  hearing. In such hearing, the employee may raise as an issue,

19  among other things, the sufficiency of the superintendent's

20  charges of unsatisfactory performance.  Such hearing shall be

21  conducted at the school board's election in accordance with

22  one of the following procedures:

23         a.  A direct hearing conducted by the school board

24  within 60 days of receipt of the written appeal. The hearing

25  shall be conducted in accordance with the provisions of ss.

26  120.569 and 120.57. A majority vote of the membership of the

27  school board shall be required to sustain the superintendent's

28  recommendation.  The determination of the school board shall

29  be final as to the sufficiency or insufficiency of the grounds

30  for termination of employment; or

31


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  1         b.  A hearing conducted by an administrative law judge

  2  assigned by the Division of Administrative Hearings of the

  3  Department of Management Services. The hearing shall be

  4  conducted within 60 days of receipt of the written appeal in

  5  accordance with chapter 120. The recommendation of the

  6  administrative law judge shall be made to the school board.  A

  7  majority vote of the membership of the school board shall be

  8  required to sustain or change the administrative law judge's

  9  recommendation. The determination of the school board shall be

10  final as to the sufficiency or insufficiency of the grounds

11  for termination of employment.

12         Section 36.  For the purpose of incorporating the

13  amendments made by this act to section 229.591, Florida

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

15  231.600, Florida Statutes, 1998 Supplement, is reenacted to

16  read:

17         231.600  School Community Professional Development

18  Act.--

19         (1)  The Department of Education, public community

20  colleges and universities, public school districts, and public

21  schools in this state shall collaborate to establish a

22  coordinated system of professional development. The purpose of

23  the professional development system is to enable the school

24  community to succeed in school improvement as described in s.

25  229.591.

26         Section 37.  For the purpose of incorporating the

27  amendments made by this act to section 232.245, Florida

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

29  232.2454, Florida Statutes, is reenacted to read:

30         232.2454  District student performance standards,

31  instruments, and assessment procedures.--


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  1         (1)  School districts are required to obtain or develop

  2  and implement assessments of student achievement as necessary

  3  to accurately measure student progress and to report this

  4  progress to parents or legal guardians according to s.

  5  232.245. Each school district shall implement the assessment

  6  program pursuant to the procedures it adopts.

  7         Section 38.  For the purpose of incorporating the

  8  amendments made by this act to section 232.245, Florida

  9  Statutes, in references thereto, paragraphs (a) and (b) of

10  subsection (5) of section 232.246, Florida Statutes, 1998

11  Supplement, are reenacted and amended to read:

12         232.246  General requirements for high school

13  graduation.--

14         (5)  Each district school board shall establish

15  standards for graduation from its schools, and these standards

16  must include:

17         (a)  Earning passing scores on the high school

18  competency test or FCAT, as defined in s. 229.57(3)(c).

19         (b)  Completion of all other applicable requirements

20  prescribed by the district school board pursuant to s.

21  232.245.

22         Section 39.  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, section 232.248,

25  Florida Statutes, is reenacted to read:

26         232.248  Confidentiality of assessment

27  instruments.--All examination and assessment instruments,

28  including developmental materials and workpapers directly

29  related thereto, which are prepared, prescribed, or

30  administered pursuant to ss. 229.57, 232.245, 232.246, and

31  232.247 shall be confidential and exempt from the provisions


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  1  of s. 119.07(1) and from ss. 229.781 and 230.331.  Provisions

  2  governing access, maintenance, and destruction of such

  3  instruments and related materials shall be prescribed by rules

  4  of the state board.

  5         Section 40.  For the purpose of incorporating the

  6  amendments made by this act to section 232.245, Florida

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

  8  232.2481, Florida Statutes, is reenacted to read:

  9         232.2481  Graduation and promotion requirements for

10  publicly operated schools.--

11         (1)  Each state or local public agency, including the

12  Department of Health and Rehabilitative Services, the

13  Department of Corrections, the Board of Regents, boards of

14  trustees of community colleges, and the Board of Trustees of

15  the Florida School for the Deaf and the Blind, which agency is

16  authorized to operate educational programs for students at any

17  level of grades kindergarten through 12 shall be subject to

18  all applicable requirements of ss. 232.245, 232.246, 232.247,

19  and 232.248.  Within the content of these cited statutes each

20  such state or local public agency shall be considered a

21  "district school board."

22         Section 41.  For the purpose of incorporating the

23  amendments made by this act to section 229.565, Florida

24  Statutes, in references thereto, subsection (4) of section

25  233.09, Florida Statutes, is reenacted to read:

26         233.09  Duties of each state instructional materials

27  committee.--The duties of each state instructional materials

28  committee shall be:

29         (4)  EVALUATION OF INSTRUCTIONAL MATERIALS.--To

30  evaluate carefully all instructional materials submitted, to

31  ascertain which instructional materials, if any, submitted for


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  1  consideration best implement the selection criteria developed

  2  by the Commissioner of Education and those curricular

  3  objectives included within applicable performance standards

  4  provided for in s. 229.565.

  5         (a)  When recommending instructional materials for use

  6  in the schools, each committee shall include only

  7  instructional materials that accurately portray the ethnic,

  8  socioeconomic, cultural, and racial diversity of our society,

  9  including men and women in professional, vocational, and

10  executive roles, and the role and contributions of the

11  entrepreneur and labor in the total development of this state

12  and the United States.

13         (b)  When recommending instructional materials for use

14  in the schools, each committee shall include only materials

15  which accurately portray, whenever appropriate, humankind's

16  place in ecological systems, including the necessity for the

17  protection of our environment and conservation of our natural

18  resources and the effects on the human system of the use of

19  tobacco, alcohol, controlled substances, and other dangerous

20  substances.

21         (c)  When recommending instructional materials for use

22  in the schools, each committee shall require such materials as

23  it deems necessary and proper to encourage thrift, fire

24  prevention, and humane treatment of people and animals.

25         (d)  When recommending instructional materials for use

26  in the schools, each committee shall require, when appropriate

27  to the comprehension of pupils, that materials for social

28  science, history, or civics classes contain the Declaration of

29  Independence and the Constitution of the United States.  No

30  instructional materials shall be recommended by any committee

31  for use in the schools which contain any matter reflecting


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  1  unfairly upon persons because of their race, color, creed,

  2  national origin, ancestry, gender, or occupation.

  3         (e)  All instructional materials recommended by each

  4  committee for use in the schools shall be, to the satisfaction

  5  of each committee, accurate, objective, and current and suited

  6  to the needs and comprehension of pupils at their respective

  7  grade levels. Instructional materials committees shall

  8  consider for adoption materials developed for academically

  9  talented students such as those enrolled in advanced placement

10  courses.

11         (f)  When recommending instructional materials for use

12  in the schools, each committee shall have the recommendations

13  of all districts which submit evaluations on the materials

14  submitted for adoption in that particular subject area

15  aggregated and presented to the members to aid them in the

16  selection process; however, such aggregation shall be weighted

17  in accordance with the full-time equivalent student percentage

18  of each district. Each committee shall prepare an additional

19  aggregation, unweighted, with each district recommendation

20  given equal consideration.  No instructional materials shall

21  be evaluated or recommended for adoption unless each of the

22  district committees shall have been loaned the specified

23  number of samples.

24         (g)  In addition to relying on statements of publishers

25  or manufacturers of instructional material, any committee may

26  conduct, or cause to be conducted, an independent

27  investigation as to the compliance of submitted materials with

28  the requirements of this section.

29         Section 42.  For the purpose of incorporating the

30  amendments made by this act to section 229.565, Florida

31  Statutes, in references thereto, paragraph (b) of subsection


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  1  (1) of section 233.165, Florida Statutes, is reenacted to

  2  read:

  3         233.165  Standards for selection.--

  4         (1)  In the selection of instructional materials,

  5  library books, and other reading material used in the public

  6  school system, the standards used to determine the propriety

  7  of the material shall include:

  8         (b)  The educational purpose to be served by the

  9  material. In considering instructional materials for classroom

10  use, priority shall be given to the selection of materials

11  which encompass the state and district performance standards

12  provided for in ss. 229.565 and 232.2454 and which include the

13  instructional objectives contained within the curriculum

14  frameworks approved by the State Board of Education, to the

15  extent that appropriate curriculum frameworks have been

16  approved by the board.

17         Section 43.  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  (3) of section 233.25, Florida Statutes, is reenacted to read:

21         233.25  Duties, responsibilities, and requirements of

22  publishers and manufacturers of instructional

23  materials.--Publishers and manufacturers of instructional

24  materials, or their representatives, shall:

25         (3)  Submit, at a time designated in s. 233.14, the

26  following information:

27         (b)  Written proof that the publisher has provided

28  written correlations to appropriate curricular objectives

29  included within applicable performance standards provided for

30  in s. 229.565.

31


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  1         Section 44.  For the purpose of incorporating the

  2  amendments made by this act to section 231.29, Florida

  3  Statutes, in references thereto, paragraphs (a) and (c) of

  4  subsection (2) of section 236.08106, Florida Statutes, 1998

  5  Supplement, are reenacted to read:

  6         236.08106  Excellent Teaching Program.--

  7         (2)  The Excellent Teaching Program is created to

  8  provide categorical funding for monetary incentives and

  9  bonuses for teaching excellence. The Department of Education

10  shall allocate and distribute to each school district an

11  amount as prescribed annually by the Legislature for the

12  Excellent Teaching Program. Unless otherwise provided in the

13  General Appropriations Act, each school district's annual

14  allocation shall be the sum of the amounts earned for the

15  following incentives and bonuses:

16         (a)  A fee subsidy to be paid by the school district to

17  the NBPTS on behalf of each individual who is an employee of

18  the district school board or a public school within that

19  school district, who is certified by the district to have

20  demonstrated satisfactory teaching performance pursuant to s.

21  231.29 and who satisfies the prerequisites for participating

22  in the NBPTS certification program, and who agrees, in

23  writing, to pay 10 percent of the NBPTS participation fee and

24  to participate in the NBPTS certification program during the

25  school year for which the fee subsidy is provided. The fee

26  subsidy for each eligible participant shall be an amount equal

27  to 90 percent of the fee charged for participating in the

28  NBPTS certification program, but not more than $1,800 per

29  eligible participant. The fee subsidy is a one-time award and

30  may not be duplicated for any individual.

31


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  1         (c)  An annual bonus equal to 10 percent of the prior

  2  fiscal year's statewide average salary for classroom teachers

  3  to be paid to each individual who holds NBPTS certification

  4  and is employed by the district school board or by a public

  5  school within that school district. The district school board

  6  shall distribute the annual bonus to each individual who meets

  7  the requirements of this paragraph and who is certified

  8  annually by the district to have demonstrated satisfactory

  9  teaching performance pursuant to s. 231.29. The annual bonus

10  may be paid as a single payment or divided into not more than

11  three payments.

12         Section 45.  For the purpose of incorporating the

13  amendments made by this act to section 230.23, Florida

14  Statutes, in references thereto, subsection (3) of section

15  239.229, Florida Statutes, 1998 Supplement, is reenacted to

16  read:

17         239.229  Vocational standards.--

18         (3)  Each area technical center operated by a school

19  board shall establish a center advisory council pursuant to s.

20  229.58.  The center advisory council shall assist in the

21  preparation and evaluation of center improvement plans

22  required pursuant to s. 230.23(16) and may provide assistance,

23  upon the request of the center director, in the preparation of

24  the center's annual budget and plan as required by s.

25  229.555(1).

26         Section 46.  For the purpose of incorporating the

27  amendments made by this act to section 229.592, Florida

28  Statutes, in references thereto, subsection (4) of section

29  240.118, Florida Statutes, is reenacted to read:

30         240.118  Postsecondary feedback of information to high

31  schools.--


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  1         (4)  As a part of the school improvement plan pursuant

  2  to s. 229.592, the State Board of Education shall ensure that

  3  each school district and high school develops strategies to

  4  improve student readiness for the public postsecondary level

  5  based on annual analysis of the feedback report data.

  6         Section 47.  Subsections (29), (40), and (42) of

  7  section 228.041, Florida Statutes, 1998 Supplement, are

  8  amended to read:

  9         228.041  Definitions.--Specific definitions shall be as

10  follows, and wherever such defined words or terms are used in

11  the Florida School Code, they shall be used as follows:

12         (29)  DROPOUT.--A dropout is a student not subject to

13  compulsory school attendance, as defined in s. 232.01, who

14  meets any one or more of the following criteria:

15         (a)  The student has voluntarily removed himself or

16  herself from the school system before graduation for reasons

17  that include, but are not limited to, marriage, or the student

18  has withdrawn from school because he or she has failed the

19  statewide student assessment test and thereby does not receive

20  any of the certificates of completion;

21         (b)  The student has not met the relevant attendance

22  requirements of the school district pursuant to State Board of

23  Education rules, or the student was expected to attend a

24  school but did not enter as expected for unknown reasons, or

25  the student's whereabouts are unknown;

26         (c)  The student has withdrawn from school, but has not

27  transferred to another public or private school or enrolled in

28  any vocational, adult, home education, or alternative

29  educational program;

30         (d)  The student has withdrawn from school due to

31  hardship, unless such withdrawal has been granted under the


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  1  provisions of s. 322.091, court action, expulsion, medical

  2  reasons, or pregnancy; or

  3         (e)  The student is not eligible to attend school

  4  because of reaching the maximum age for an exceptional student

  5  program in accordance with the district's policy.

  6

  7  Students not exempt from attendance pursuant to s. 232.06 and

  8  who are subject to compulsory school attendance under s.

  9  232.01 and who stop attending school are habitual truants as

10  defined in subsection (28) and are not considered dropouts.

11  The State Board of Education may adopt rules to implement the

12  provisions of this subsection.

13         (40)  GRADUATION RATE.--The term "graduation rate"

14  means the percentage of students who graduate from high school

15  within 4 years after entering 9th grade for the first time,

16  not counting students who transfer out of the student

17  population to enroll in another school system; students who

18  withdraw to enroll in a private school, a home education

19  program, or an adult education program; or deceased students.

20  Incoming transfer students, at the time of their enrollment,

21  are included in the count of the class with which they are

22  scheduled to graduate. For this rate calculation, students are

23  counted as graduates upon receiving a standard high school

24  diploma, as provided in s. 232.246, or a special diploma, as

25  provided in s. 232.247. Also counted as graduates are

26  calculated by dividing the number of entering 9th graders into

27  the number of students who receive, 4 years later, a high

28  school diploma, a special diploma, or a certificate of

29  completion, as provided for in s. 232.246, or who receive a

30  special certificate of completion, as provided in s. 232.247,

31  and students 19 years of age or younger who receive a general


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  1  equivalency diploma, as provided in s. 229.814. The number of

  2  9th grade students used in the calculation of a graduation

  3  rate for this state shall be students enrolling in the grade

  4  for the first time. In conjunction with calculating the

  5  graduation rate for this state, the Department of Education

  6  shall conduct a study to evaluate the impact of the rate of

  7  students who withdraw from high school to attend adult

  8  education programs and the students in exceptional student

  9  education programs. The department shall report its findings

10  to the Legislature by February 1, 2000. The Department of

11  Education may calculate a 5-year graduation rate using the

12  same methodology described in this section.

13         (42)  DROPOUT RATE.--The term "high school dropout

14  rate" means the annual percentage calculated by dividing the

15  number of students in grades 9 through 12 who are classified

16  as dropouts, pursuant to subsection (29), by the total number

17  of students in grades 9-12 in attendance at any time during

18  the school year over the age of compulsory school attendance,

19  pursuant to s. 232.01, at the time of the fall membership

20  count, into the number of students who withdraw from school

21  during a given school year and who are classified as dropouts

22  pursuant to subsection (29). The Department of Education shall

23  report the number of students initially classified as students

24  who transfer to an adult education program but who do not

25  enroll in an adult education program.

26         Section 48.  Paragraph (f) of subsection (9) of section

27  228.056, Florida Statutes, 1998 Supplement, is amended to

28  read:

29         228.056  Charter schools.--

30         (9)  CHARTER.--The major issues involving the operation

31  of a charter school shall be considered in advance and written


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  1  into the charter. The charter shall be signed by the governing

  2  body of the charter school and the sponsor, following a public

  3  hearing to ensure community input.

  4         (f)  Upon receipt of the annual report required by

  5  paragraph (d), the Department of Education shall provide to

  6  the State Board of Education, the Commissioner of Education,

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

  8  Representatives an analysis and comparison of the overall

  9  performance of charter school students, to include all

10  students whose scores are counted as part of the state

11  norm-referenced assessment program tests, versus comparable

12  public school students in the district as determined by the

13  state norm-referenced assessment program tests currently

14  administered in the school district, and, as appropriate, the

15  Florida Writes Assessment Test, the High School Competency

16  Test, and other assessments administered pursuant to s.

17  229.57(3).

18         Section 49.  Subsection (2) of section 230.202, Florida

19  Statutes, is amended to read:

20         230.202  District school board members; compensation.--

21         (2)  Notwithstanding provisions of chapter 145 or this

22  chapter to the contrary, the annual salaries of district

23  school board members for 1993 and each year thereafter shall

24  be established at the same amounts as those members were paid

25  for fiscal year 1991-1992, adjusted by each annual increase

26  provided for in chapter 145.  Any salary previously paid to

27  district school board members which was consistent with

28  chapter 145 and this section is hereby ratified and validated.

29  By June 30, 2002, at least 5 percent of the salary of school

30  board members must be based on the annual performance of

31


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  1  students as measured by state assessments pursuant to State

  2  Board of Education rules.

  3         Section 50.  Subsection (3) of section 230.303, Florida

  4  Statutes, is amended to read:

  5         230.303  Superintendent of schools.--

  6         (3)  Notwithstanding provisions of chapter 145 or this

  7  chapter to the contrary, the annual salaries of elected

  8  superintendents of schools for 1993 and each year thereafter

  9  shall be established at the same amounts as those

10  superintendents were paid for fiscal year 1991-1992, adjusted

11  by each annual increase provided for in chapter 145.  Any

12  salary previously paid to elected superintendents which was

13  consistent with chapter 145 and this section is hereby

14  ratified and validated. By June 30, 2002, at least 5 percent

15  of the salary of elected superintendents must be based on the

16  annual performance of students as measured by state

17  assessments pursuant to State Board of Education rules.

18         Section 51.  Business and corporate entities are

19  encouraged to enter into partnership with low-performing and

20  failing schools in order to promote improved learning. Areas

21  of partnership should include, but need not be limited to,

22  student mentoring, student tutoring, supplemental funding,

23  promotion of extracurricular activities, development of

24  after-school programs, and maintenance of school grounds.

25         Section 52.  Funding levels and methodologies necessary

26  to implement the provisions of this act will be established in

27  the General Appropriations Act.

28         Section 53.  If any provision of this act or the

29  application thereof to any person or circumstance is held

30  invalid, the invalidity shall not affect other provisions or

31  applications of the act which can be given effect without the


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






    CS for CS for SB 1756                          First Engrossed



  1  invalid provision or application, and to this end the

  2  provisions of this act are declared severable.

  3         Section 54.  Except as otherwise provided in this act,

  4  this act shall take effect upon becoming a law.

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