CODING: Words stricken are deletions; words underlined are additions.
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                
 5                                           ORIGINAL STAMP BELOW
 6
 7
 8
 9
10                                                                
11  The Conference Committee on CS/HBs 751, 753 & 755 offered the
12  following:
13
14         Conference Committee Amendment (with title amendment) 
15  Remove from the bill:  Everything after the enacting clause
16
17  and insert in lieu thereof:
18         Section 1.  Section 229.0535, Florida Statutes, is
19  amended to read:
20         229.0535  Authority to enforce school improvement.--It
21  is the intent of the Legislature that all public schools be
22  held accountable for ensuring that students performing perform
23  at acceptable levels.  A system of school improvement and
24  accountability that assesses student performance by school,
25  identifies schools in which students are not making not
26  providing adequate progress toward state standards, and
27  institutes appropriate measures for enforcing improvement, and
28  provides rewards and sanctions based on performance shall be
29  the responsibility of the State Board of Education.
30         (1)  Pursuant to Art. IX of the State Constitution
31  prescribing the duty of the State Board of Education to
                                  1
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  supervise Florida's public school system and notwithstanding
 2  any other statutory provisions to the contrary, the State
 3  Board of Education shall have the authority to intervene in
 4  the operation of a district school system when in cases where
 5  one or more schools in the a school district have failed to
 6  make adequate progress for 2 3 consecutive school years in a
 7  4-year period. For purposes of determining when a school is
 8  eligible for state board action and opportunity scholarships
 9  for its students, the terms "2 years in any 4-year period" and
10  "2 years in a 4-year period" mean that in any year that a
11  school has a grade of "F," the school is eligible for state
12  board action and opportunity scholarships for its students if
13  it also has had a grade of "F" in any of the previous 3 school
14  years. Except as otherwise provided in s. 229.57(8), a
15  performance rating based on data before the 1998-1999 school
16  year data may not be included in a 4-year period. The state
17  board may determine that the school district or and/or school
18  has not taken steps sufficient for to ensure that students in
19  the school to be academically in question are well served.
20  Considering recommendations of the Commissioner of Education,
21  the state board shall is authorized to recommend action to a
22  district school board that is intended to improve ensure
23  improved educational services to students in each school that
24  is designated as performance grade category "F." the
25  low-performing schools in question. Recommendations for
26  actions to be taken in the school district shall be made only
27  after thorough consideration of the unique characteristics of
28  a school, which shall also include student mobility rates, and
29  the number and type of exceptional students enrolled in the
30  school, and the availability of options for improved
31  educational services. The state board shall adopt by rule
                                  2
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  steps to follow in this process.  Such steps shall provide
 2  ensure that school districts have sufficient time to improve
 3  student performance in schools and have had the opportunity to
 4  present evidence of assistance and interventions that the
 5  school board has implemented.
 6         (2)  The state board is specifically authorized to
 7  recommend one or more of the following actions to school
 8  boards to enable ensure that students in low-performing
 9  schools designated as performance grade category "F" to be
10  academically are well served by the public school system:
11         (a)  Provide additional resources, change certain
12  practices, and provide additional assistance if the state
13  board determines the causes of inadequate progress to be
14  related to school district policy or practice;
15         (b)  Implement a plan that satisfactorily resolves the
16  education equity problems in the school;
17         (c)  Contract for the educational services of the
18  school, or reorganize the school at the end of the school year
19  under a new principal who is authorized to hire new staff and
20  implement a plan that addresses the causes of inadequate
21  progress;
22         (d)  Allow parents of students in the school to send
23  their children to another district school of their choice, if
24  appropriate; or
25         (e)  Other action as deemed appropriate to improve the
26  school's performance.
27         (3)  In recommending actions to school boards, the
28  State Board of Education shall specify the length of time
29  available to implement the recommended action.  The state
30  board may adopt rules to further specify how it may respond in
31  specific circumstances.  No action taken by the state board
                                  3
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  shall relieve a school from state accountability requirements.
 2         (4)  The State Board of Education is authorized to
 3  require the Department of Education or Comptroller to withhold
 4  any transfer of state funds to the school district if, within
 5  the timeframe specified in state board action, the school
 6  district has failed to comply with the said action ordered to
 7  improve the district's low-performing schools. Withholding the
 8  transfer of funds shall occur only after all other recommended
 9  actions for school improvement have failed to improve the
10  performance of the school. The State Board of Education may
11  invoke the same penalty to any school board that fails to
12  develop and implement a plan for assistance and intervention
13  for low-performing schools as specified in s. 230.23(16)(c).
14         Section 2.  Section 229.0537, Florida Statutes, is
15  created to read:
16         229.0537  Opportunity Scholarship Program.--
17         (1)  FINDINGS AND INTENT.--The purpose of this section
18  is to provide enhanced opportunity for students in this state
19  to gain the knowledge and skills necessary for postsecondary
20  education, a technical education, or the world of work. The
21  Legislature recognizes that the voters of the State of
22  Florida, in the November 1998 general election, amended s. 1,
23  Art. IX, of the Florida Constitution so as to make education a
24  paramount duty of the state. The Legislature finds that the
25  State Constitution requires the state to provide the
26  opportunity to obtain a high-quality education. The
27  Legislature further finds that a student should not be
28  compelled, against the wishes of the student's parent or
29  guardian, to remain in a school found by the state to be
30  failing for 2 years in a 4-year period. The Legislature shall
31  make available opportunity scholarships in order to give
                                  4
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  parents and guardians the opportunity for their children to
 2  attend a public school that is performing satisfactorily or to
 3  attend an eligible private school when the parent or guardian
 4  chooses to apply the equivalent of the public education funds
 5  generated by his or her child to the cost of tuition in the
 6  eligible private school as provided in paragraph (6)(a).
 7  Eligibility of a private school shall include the control and
 8  accountability requirements that, coupled with the exercise of
 9  parental choice, are reasonably necessary to secure the
10  educational public purpose, as delineated in subsection (4).
11         (2)  OPPORTUNITY SCHOLARSHIP ELIGIBILITY.--A public
12  school student's parent or guardian may request and receive
13  from the state an opportunity scholarship for the child to
14  enroll in and attend a private school in accordance with the
15  provisions of this section if:
16         (a)  By assigned school attendance area or by special
17  assignment, the student has spent the prior school year in
18  attendance at a public school that has been designated
19  pursuant to s. 229.57 as performance grade category "F,"
20  failing to make adequate progress, and that has had two school
21  years in a 4-year period of such low performance, and the
22  student's attendance occurred during a school year in which
23  such designation was in effect; or the parent or guardian of a
24  student who has been in attendance elsewhere in the public
25  school system or who is entering kindergarten or first grade
26  has been notified that the student has been assigned to such
27  school for the next school year;
28         (b)  The parent or guardian has obtained acceptance for
29  admission of the student to a private school eligible for the
30  program pursuant to subsection (4), and has notified the
31  Department of Education and the school district of the request
                                  5
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  for an opportunity scholarship no later than July 1 of the
 2  first year in which the student intends to use the
 3  scholarship.
 4
 5  The provisions of this section shall not apply to a student
 6  who is enrolled in a school operating for the purpose of
 7  providing educational services to youth in Department of
 8  Juvenile Justice commitment programs. For purposes of
 9  continuity of educational choice, the opportunity scholarship
10  shall remain in force until the student returns to a public
11  school or, if the student chooses to attend a private school
12  the highest grade of which is grade 8, until the student
13  matriculates to high school and the public high school to
14  which the student is assigned is an accredited school with a
15  performance grade category designation of "C" or better.
16  However, at any time upon reasonable notice to the Department
17  of Education and the school district, the student's parent or
18  guardian may remove the student from the private school and
19  place the student in a public school, as provided in
20  subparagraph (3)(a)2.
21         (3)  SCHOOL DISTRICT OBLIGATIONS.--
22         (a)  A school district shall, for each student enrolled
23  in or assigned to a school that has been designated as
24  performance grade category "F" for 2 school years in a 4-year
25  period:
26         1.  Timely notify the parent or guardian of the student
27  as soon as such designation is made of all options available
28  pursuant to this section; and
29         2.  Offer that student's parent or guardian an
30  opportunity to enroll the student in the public school within
31  the district that has been designated by the state pursuant to
                                  6
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  s. 229.57 as a school performing higher than that in which the
 2  student is currently enrolled or to which the student has been
 3  assigned, but not less than performance grade category "C."
 4  For purposes of identifying higher performing public schools
 5  eligible for parental choice for the 1999-2000 school year,
 6  school performance grade category designations for the
 7  1998-1999 school year shall be the equivalent of the
 8  corresponding performance level I-V specified in state board
 9  rule at the time this act becomes a law. Levels I through V
10  shall correspond to school performance grade categories "F"
11  through "A," respectively. The parent or guardian is not
12  required to accept this offer in lieu of requesting a state
13  opportunity scholarship to a private school. The opportunity
14  to continue attending the higher performing public school
15  shall remain in force until the student graduates from high
16  school.
17         (b)  The parent or guardian of a student enrolled in or
18  assigned to a school that has been designated performance
19  grade category "F" for 2 school years in a 4-year period may
20  choose as an alternative to enroll the student in and
21  transport the student to a higher-performing public school
22  that has available space in an adjacent school district, and
23  that school district shall accept the student and report the
24  student for purposes of the district's funding pursuant to the
25  Florida Education Finance Program.
26         (c)  For students in the district who are participating
27  in the state Opportunity Scholarship Program, the district
28  shall provide locations and times to take all statewide
29  assessments required pursuant to s. 229.57.
30         (d)  Students with disabilities who are eligible to
31  receive services from the school district under federal or
                                  7
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  state law, and who participate in this program, remain
 2  eligible to receive services from the school district as
 3  provided by federal or state law.
 4         (e)  If for any reason a qualified private school is
 5  not available for the student or if the parent or guardian
 6  chooses to request that the student be enrolled in the higher
 7  performing public school, rather than choosing to request the
 8  state opportunity scholarship, transportation costs to the
 9  higher performing public school shall be the responsibility of
10  the school district. The district may utilize state
11  categorical transportation funds or state-appropriated public
12  school choice incentive funds for this purpose.
13         (4)  PRIVATE SCHOOL ELIGIBILITY.--To be eligible to
14  participate in the opportunity scholarship program, a private
15  school must be a Florida private school, may be sectarian or
16  nonsectarian, and must:
17         (a)  Demonstrate fiscal soundness by being in operation
18  for one school year or provide the Department of Education
19  with a statement by a certified public accountant confirming
20  that the private school desiring to participate is insured and
21  the owner or owners have sufficient capital or credit to
22  operate the school for the upcoming year serving the number of
23  students anticipated with expected revenues from tuition and
24  other sources that may be reasonably expected. In lieu of such
25  a statement, a surety bond or letter of credit for the amount
26  equal to the opportunity scholarship funds for any quarter may
27  be filed with the department.
28         (b)  Except for the first year of implementation,
29  notify the Department of Education and the school district in
30  whose service area the school is located of its intent to
31  participate in the program under this section by May 1 of the
                                  8
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  school year preceding the school year in which it intends to
 2  participate. The notice shall specify the grade levels and
 3  services that the private school has available for the
 4  opportunity scholarship program.
 5         (c)  Comply with the antidiscrimination provisions of
 6  42 U.S.C. s. 2000d.
 7         (d)  Meet state and local health and safety laws and
 8  codes.
 9         (e)  Accept scholarship students on an entirely random
10  and religious-neutral basis without regard to the student's
11  past academic history; however, the private school may give
12  preference in accepting applications to siblings of students
13  who have already been accepted on a random and
14  religious-neutral basis.
15         (f)  Be subject to the instruction, curriculum, and
16  attendance criteria adopted by an appropriate nonpublic school
17  accrediting body and be academically accountable to the parent
18  or guardian for meeting the educational needs of the student.
19  The private school must furnish a school profile which
20  includes student performance.
21         (g)  Employ or contract with teachers who hold a
22  baccalaureate or higher degree, or have at least 3 years of
23  teaching experience in public or private schools, or have
24  special skills, knowledge, or expertise that qualifies them to
25  provide 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.
30         (j)  Agree not to compel any student attending the
31  private school on an opportunity scholarship to profess a
                                  9
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  specific ideological belief, to pray, or to worship.
 2         (k)  Adhere to the tenets of its published disciplinary
 3  procedures prior to the expulsion of any opportunity
 4  scholarship student.
 5         (5)  OBLIGATION OF PROGRAM PARTICIPATION.--
 6         (a)  Any student participating in the opportunity
 7  scholarship program must remain in attendance throughout the
 8  school year, unless excused by the school for illness or other
 9  good cause, and must comply fully with the school's code of
10  conduct.
11         (b)  The parent or guardian of each student
12  participating in the opportunity scholarship program must
13  comply fully with the private school's parental involvement
14  requirements, unless excused by the school for illness or
15  other good cause.
16         (c)  The parent or guardian shall ensure that the
17  student participating in the opportunity scholarship program
18  takes all statewide assessments required pursuant to s.
19  229.57.
20         (d)  A participant who fails to comply with this
21  subsection shall forfeit the opportunity scholarship.
22         (6)  OPPORTUNITY SCHOLARSHIP FUNDING AND PAYMENT.--
23         (a)1.  The maximum opportunity scholarship granted for
24  an eligible student shall be a calculated amount equivalent to
25  the base student allocation multiplied by the appropriate cost
26  factor for the educational program that would have been
27  provided for the student in the district school to which he or
28  she was assigned, multiplied by the district cost
29  differential. In addition, the calculated amount shall include
30  the per-student share of instructional materials funding,
31  technology funding, and other categorical funds as provided
                                  10
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  for this purpose in the General Appropriations Act. The amount
 2  of the opportunity scholarship shall be the calculated amount
 3  or the amount of the private school's tuition and fees,
 4  whichever is less. Fees eligible shall include textbook fees,
 5  lab fees, and other fees related to instruction, including
 6  transportation. The district shall report all students who are
 7  attending a private school under this program. The students
 8  attending private schools on opportunity scholarships shall be
 9  reported separately from those students reported for purposes
10  of the Florida Education Finance Program. The public or
11  private school that provides services to students with
12  disabilities shall receive the weighted funding for such
13  services at the appropriate funding level consistent with the
14  provisions of s. 236.025.
15         2.  For purposes of calculating the opportunity
16  scholarship, a student will be eligible for the amount of the
17  appropriate basic cost factor if:
18         a.  The student currently participates in a Group I
19  program funded at the basic cost factor and is not
20  subsequently identified as having a disability; or
21         b.  The student currently participates in a Group II
22  program and the parent has chosen a private school that does
23  not provide the additional services funded by the Group II
24  program.
25         3.  Following annual notification on July 1 of the
26  number of participants, the Department of Education shall
27  transfer from each school district's appropriated funds the
28  calculated amount from the Florida Education Finance Program
29  and authorized categorical accounts to a separate account for
30  the Opportunity Scholarship Program for quarterly disbursement
31  to the parents or guardians of participating students.
                                  11
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         (b)  Upon proper documentation reviewed and approved by
 2  the Department of Education, the Comptroller shall make
 3  opportunity scholarship payments in four equal amounts no
 4  later than September 1, November 1, February 1, and April 1 of
 5  each academic year in which the opportunity scholarship is in
 6  force. The initial payment shall be made after Department of
 7  Education verification of admission acceptance and subsequent
 8  payments shall be made upon verification of continued
 9  enrollment and attendance at the private school. Payment must
10  be by individual warrant made payable to the student's parent
11  or guardian and mailed by the Department of Education to the
12  private school of the parent's or guardian's choice and the
13  parent or guardian shall restrictively endorse the warrant to
14  the private school.
15         (7)  LIABILITY.--No liability shall arise on the part
16  of the state based on any grant or use of an opportunity
17  scholarship.
18         (8)  RULES.--The State Board of Education may adopt
19  rules pursuant to ss. 120.536(1) and 120.54 to implement the
20  provisions of this section. Rules shall include penalties for
21  noncompliance with subsections (3) and (5). However, the
22  inclusion of eligible private schools within options available
23  to Florida public school students does not expand the
24  regulatory authority of the state, its officers, or any school
25  district to impose any additional regulation of private
26  schools beyond those reasonably necessary to enforce
27  requirements expressly set forth in this section.
28         Section 3.  (1)  PILOT PROGRAM.--There is established a
29  pilot program, which is separate and distinct from the
30  Opportunity Scholarship Program, in the Sarasota school
31  district, to provide scholarships to a public or private
                                  12
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  school of choice for students with disabilities whose academic
 2  progress in at least two areas has not met expected levels for
 3  the previous year, as determined by the student's individual
 4  education plan. Student participation in the pilot program is
 5  limited to 5 percent of the students with disabilities in the
 6  school district during the first year, 10 percent of students
 7  with disabilities during the second year, and 20 percent of
 8  students with disabilities during the third and subsequent
 9  years. The following applies to the pilot program:
10         (a)  To be eligible to participate in the pilot
11  program, a private school must meet all requirements of s.
12  229.0537(4), Florida Statutes, except for the accreditation
13  requirements of s. 229.0537(4)(f), Florida Statutes. For
14  purposes of the pilot program, notification under s.
15  229.0537(4)(b), Florida Statutes, must be separate from the
16  notification under the Opportunity Scholarship Program.
17         (b)  The school district that participates in the pilot
18  program must comply with the requirements in s.
19  229.0537(3)(a)2., (c), and (d), Florida Statutes.
20         (c)  The amount of the scholarship in the pilot program
21  shall be equal to the amount the student would have received
22  under the Florida Education Finance Program in the public
23  school to which he or she is assigned.
24         (d)  To be eligible for a scholarship under the pilot
25  program, a student or parent must:
26         1.  Comply with the eligibility criteria in s.
27  229.0537(2)(b), Florida Statutes, and all provisions of s.
28  229.0537, Florida Statutes, which apply to students with
29  disabilities;
30         2.  For the school year immediately prior to the year
31  in which the scholarship will be in effect, have documented
                                  13
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  the student's failure to meet specific performance levels
 2  identified in the individual education plan; or, absent
 3  specific performance levels identified in the individual
 4  education plan, the student must have performed below grade
 5  level on state or local assessments and the parent must
 6  believe that the student is not progressing adequately toward
 7  the goals in the individual education plan; and
 8         3.  Have requested the scholarship prior to the time at
 9  which the number of valid requests exceeds the district's cap
10  for the year in which the scholarship will be awarded.
11         (2)  The provisions s. 229.0537(6) and (8), Florida
12  Statutes, shall apply to the pilot program authorized in this
13  section. This pilot program is not intended to affect the
14  eligibility of the state or school district to receive federal
15  funds for students with disabilities.
16         Section 4.  Subsection (14) of section 229.512, Florida
17  Statutes, is amended, present subsections (15) and (16) are
18  renumbered as subsections (18) and (19), respectively, and new
19  subsections (15), (16), and (17) are added to that section, to
20  read:
21         229.512  Commissioner of Education; general powers and
22  duties.--The Commissioner of Education is the chief
23  educational officer of the state, and has the following
24  general powers and duties:
25         (14)  To implement a program of school improvement and
26  education accountability designed to provide all students the
27  opportunity to make adequate learning gains in each year of
28  school as provided by statute and State Board of Education
29  rule which is based upon the achievement of the state
30  education goals, recognizing the State Board of Education as
31  the body corporate responsible for the supervision of the
                                  14
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  system of public education, the school board as responsible
 2  for school and student performance, and the individual school
 3  as the unit for education accountability.;
 4         (15)  To arrange for the preparation, publication, and
 5  distribution of materials relating to the state system of
 6  public education which will supply information concerning
 7  needs, problems, plans, and possibilities.;
 8         (16)(a)  To prepare and publish annually reports giving
 9  statistics and other useful information pertaining to the
10  state system of public education; and
11         (b)  To prepare and publish annually reports giving
12  statistics and other useful information pertaining to the
13  Opportunity Scholarship Program.
14         (17)  To have printed copies of school laws, forms,
15  instruments, instructions, and regulations of the State Board
16  of Education and to provide for their the distribution of the
17  same.
18         Section 5.  Section 229.555, Florida Statutes, is
19  amended to read:
20         229.555  Educational planning and information
21  systems.--
22         (1)  EDUCATIONAL PLANNING.--
23         (a)  The commissioner shall be responsible for all
24  planning functions for the department, including collection,
25  analysis, and interpretation of all data, information, test
26  results, evaluations, and other indicators that are used to
27  formulate policy, identify areas of concern and need, and
28  serve as the basis for short-range and long-range planning.
29  Such planning shall include assembling data, conducting
30  appropriate studies and surveys, and sponsoring research and
31  development activities designed to provide information about
                                  15
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  educational needs and the effect of alternative educational
 2  practices.
 3         (b)  Each district school board shall maintain a
 4  continuing system of planning and budgeting which shall be
 5  designed to aid in identifying and meeting the educational
 6  needs of students and the public.  Provision shall be made for
 7  coordination between district school boards and community
 8  college district boards of trustees concerning the planning
 9  for vocational and adult educational programs.  The major
10  emphasis of the system shall be upon locally determined goals
11  and objectives, the state plan for education, and the Sunshine
12  State minimum performance Standards developed by the
13  Department of Education and adopted by the State Board of
14  Education.  The district planning and budgeting system must
15  include consideration of student achievement data obtained
16  pursuant to s. 229.57.  The system shall be structured to meet
17  the specific management needs of the district and to align.
18  The system of planning and budgeting shall ensure that the
19  budget adopted by the district school board with reflect the
20  plan the board has also adopted.  Each district school board
21  shall utilize its system of planning and budgeting to
22  emphasize a system of school-based management in which
23  individual school centers become the principal planning units
24  and eventually to integrate planning and budgeting at the
25  school level.
26         (2)  COMPREHENSIVE MANAGEMENT INFORMATION SYSTEMS.--The
27  commissioner shall develop and implement an integrated
28  information system for educational management. The system must
29  be designed to collect, via electronic transfer, all student
30  and school performance data required to ascertain the degree
31  to which schools and school districts are meeting state
                                  16
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  performance standards, and must be capable of producing data
 2  for a comprehensive annual report on school and district
 3  performance. In addition, the system shall support, as
 4  feasible, the management decisions to be made in each division
 5  of the department and at the individual school and district
 6  levels.  Similar data elements among divisions and levels
 7  shall be compatible.  The system shall be based on an overall
 8  conceptual design; the information needed for such decisions,
 9  including fiscal, student, program, personnel, facility,
10  community, evaluation, and other relevant data; and the
11  relationship between cost and effectiveness.  The system shall
12  be managed and administered by the commissioner and shall
13  include a district subsystem component to be administered at
14  the district level, with input from the reports-and-forms
15  control management committees.  Each district school system
16  with a unique management information system shall assure that
17  compatibility exists between its unique system and the
18  district component of the state system so to the extent that
19  all data required as input to the state system is shall be
20  made available via electronic transfer and in the appropriate
21  input format.
22         (a)  The specific responsibilities of the commissioner
23  shall include:
24         1.  Consulting with school district representatives in
25  the development of the system design model and implementation
26  plans for the management information system for public school
27  education management;
28         2.  Providing operational definitions for the proposed
29  system;
30         3.  Determining the information and specific data
31  elements required for the management decisions made at each
                                  17
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  educational level, recognizing that the primary unit for
 2  information input is shall be the individual school and
 3  recognizing that time and effort of instructional personnel
 4  expended in collection and compilation of data should be
 5  minimized;
 6         4.  Developing standardized terminology and procedures
 7  to be followed at all levels of the system;
 8         5.  Developing a standard transmittal format to be used
 9  for collection of data from the various levels of the system;
10         6.  Developing appropriate computer programs to assure
11  integration of the various information components dealing with
12  students, personnel, facilities, fiscal, program, community,
13  and evaluation data;
14         7.  Developing the necessary programs to provide
15  statistical analysis of the integrated data provided in
16  subparagraph 6. in such a way that required reports may be
17  disseminated, comparisons may be made, and relationships may
18  be determined in order to provide the necessary information
19  for making management decisions at all levels;
20         8.  Developing output report formats which will provide
21  district school systems with information for making management
22  decisions at the various educational levels;
23         9.  Developing a phased plan for distributing computer
24  services equitably among all public schools and school
25  districts in the this state as rapidly as possible.  The plan
26  shall describe alternatives available to the state in
27  providing such computing services and shall contain estimates
28  of the cost of each alternative, together with a
29  recommendation for action.  In developing the such plan, the
30  feasibility of shared use of computing hardware and software
31  by school districts, community colleges, and universities
                                  18
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  shall be examined.  Laws or administrative rules regulating
 2  procurement of data processing equipment, communication
 3  services, or data processing services by state agencies shall
 4  not be construed to apply to local agencies which share
 5  computing facilities with state agencies;
 6         10.  Assisting the district school systems in
 7  establishing their subsystem components and assuring
 8  compatibility with current district systems;
 9         11.  Establishing procedures for continuous evaluation
10  of system efficiency and effectiveness;
11         12.  Initiating a reports-management and
12  forms-management system to ascertain that duplication in
13  collection of data does not exist and that forms and reports
14  for reporting under state and federal requirements and other
15  forms and reports are prepared in a logical and uncomplicated
16  format, resulting in a reduction in the number and complexity
17  of required reports, particularly at the school level; and
18         13.  Initiating such other actions as are necessary to
19  carry out the intent of the Legislature that a management
20  information system for public school management needs be
21  implemented.  Such other actions shall be based on criteria
22  including, but not limited to:
23         a.  The purpose of the reporting requirement;
24         b.  The origination of the reporting requirement;
25         c.  The date of origin of the reporting requirement;
26  and
27         d.  The date of repeal of the reporting requirement.
28         (b)  The specific responsibilities of each district
29  school system shall include:
30         1.  Establishing, at the district level, a
31  reports-control and forms-control management system committee
                                  19
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  composed of school administrators and classroom teachers.  The
 2  district school board shall appoint school administrator
 3  members and classroom teacher members; or, in school districts
 4  where appropriate, the classroom teacher members shall be
 5  appointed by the bargaining agent. Teachers shall constitute a
 6  majority of the committee membership. The committee shall
 7  periodically recommend procedures to the district school board
 8  for eliminating, reducing, revising, and consolidating
 9  paperwork and data collection requirements and shall submit to
10  the district school board an annual report of its findings.
11         2.  With assistance from the commissioner, developing
12  systems compatibility between the state management information
13  system and unique local systems.
14         3.  Providing, with the assistance of the department,
15  inservice training dealing with management information system
16  purposes and scope, a method of transmitting input data, and
17  the use of output report information.
18         4.  Establishing a plan for continuous review and
19  evaluation of local management information system needs and
20  procedures.
21         5.  Advising the commissioner of all district
22  management information needs.
23         6.  Transmitting required data input elements to the
24  appropriate processing locations in accordance with guidelines
25  established by the commissioner.
26         7.  Determining required reports, comparisons, and
27  relationships to be provided to district school systems by the
28  system output reports, continuously reviewing these reports
29  for usefulness and meaningfulness, and submitting recommended
30  additions, deletions, and change requirements in accordance
31  with the guidelines established by the commissioner.
                                  20
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         8.  Being responsible for the accuracy of all data
 2  elements transmitted to the department.
 3         (c)  It is the intent of the Legislature that the
 4  expertise in the state system of public education, as well as
 5  contracted services, be utilized to hasten the plan for full
 6  implementation of a comprehensive management information
 7  system.
 8         Section 6.  Subsection (1) of section 229.565, Florida
 9  Statutes, is amended to read:
10         229.565  Educational evaluation procedures.--
11         (1)  STUDENT PERFORMANCE STANDARDS.--
12         (a)  The State Board of Education shall approve student
13  performance standards in key academic subject areas and the
14  various program categories and chronological grade levels
15  which the Commissioner of Education designates as necessary
16  for maintaining a good educational system. The standards must
17  apply, without limitation, to language arts, mathematics,
18  science, social studies, the arts, health and physical
19  education, foreign language, reading, writing, history,
20  government, geography, economics, and computer literacy.  The
21  commissioner shall obtain opinions and advice from citizens,
22  educators, and members of the business community in developing
23  the standards. For purposes of this section, the term "student
24  performance standard" means a statement describing a skill or
25  competency students are expected to learn.
26         (b)  The student performance standards must address the
27  skills and competencies that a student must learn in order to
28  graduate from high school. The commissioner shall also develop
29  performance standards for students who learn a higher level of
30  skills and competencies.
31         Section 7.  Section 229.57, Florida Statutes, 1998
                                  21
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  Supplement, is amended to read:
 2         229.57  Student assessment program.--
 3         (1)  PURPOSE.--The primary purposes purpose of the
 4  statewide assessment program are is to provide information
 5  needed to improve for the improvement of the public schools by
 6  maximizing the learning gains of all students and to inform
 7  parents of the educational progress of their public school
 8  children.  The program must be designed to:
 9         (a)  Assess the annual learning gains of each student
10  toward achieving the Sunshine State Standards appropriate for
11  the student's grade level.
12         (b)  Provide data for making decisions regarding school
13  accountability and recognition.
14         (c)(a)  Identify the educational strengths and needs of
15  students and the readiness of students to be promoted to the
16  next grade level or to graduate from high school with a
17  standard high school diploma.
18         (d)(b)  Assess how well educational goals and
19  performance standards are met at the school, district, and
20  state levels.
21         (e)(c)  Provide information to aid in the evaluation
22  and development of educational programs and policies.
23         (f)  Provide information on the performance of Florida
24  students compared with others across the United States.
25         (2)  NATIONAL EDUCATION COMPARISONS.--It is Florida's
26  intent to participate in the measurement of national
27  educational goals set by the President and governors of the
28  United States.  The Commissioner of Education shall direct
29  Florida is directed to provide for school districts to
30  participate in the administration of the National Assessment
31  of Educational Progress, or a similar national assessment
                                  22
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  program, both for the national sample and for any
 2  state-by-state comparison programs which may be initiated.
 3  Such assessments must be conducted using the data collection
 4  procedures, the student surveys, the educator surveys, and
 5  other instruments included in the National Assessment of
 6  Educational Progress or a similar program.  The results of
 7  these assessments shall be included in the annual report of
 8  the Commissioner of Education specified in this section.  The
 9  administration of the National Assessment of Educational
10  Progress or a similar program shall be in addition to and
11  separate from the administration of the statewide assessment
12  program otherwise described in this section.
13         (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner
14  shall is directed to design and implement a statewide program
15  of educational assessment that provides information for the
16  improvement of the operation and management of the public
17  schools. The program must be designed, as far as possible, so
18  as not to conflict with ongoing district assessment programs
19  and so as to use information obtained from district programs.
20  Pursuant to the statewide assessment program, the commissioner
21  shall:
22         (a)  Submit to the state board a list that specifies
23  student skills and competencies to which the goals for
24  education specified in the state plan apply, including, but
25  not limited to, reading, writing, science, and mathematics.
26  The skills and competencies must include problem-solving and
27  higher-order skills as appropriate and shall be known as the
28  Sunshine State Standards.  The commissioner shall select such
29  skills and competencies after receiving recommendations from
30  educators, citizens, and members of the business community.
31  The commissioner shall submit to the state board revisions to
                                  23
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  the list of student skills and competencies in order to
 2  maintain continuous progress toward improvements in student
 3  proficiency.
 4         (b)  Develop and implement a uniform system of
 5  indicators to describe the performance of public school
 6  students and the characteristics of the public school
 7  districts and the public schools.  These indicators must
 8  include, without limitation, information gathered by the
 9  comprehensive management information system created pursuant
10  to s. 229.555 and student achievement information obtained
11  pursuant to this section.
12         (c)  Develop and implement a student achievement
13  testing program as part of the statewide assessment program,
14  to be administered annually in grades 3 through 10 at
15  designated times at the elementary, middle, and high school
16  levels to measure reading, writing, science, and mathematics.
17  The testing program must be designed so that:
18         1.  The tests measure student skills and competencies
19  adopted by the state board as specified in paragraph (a).  The
20  tests must measure and report student proficiency levels in
21  reading, writing, and mathematics. Science proficiency must be
22  measured statewide beginning in 2003. Other content areas may
23  be included as directed by the commissioner.  The commissioner
24  shall provide for the tests to be developed or obtained, as
25  appropriate, through contracts and project agreements with
26  private vendors, public vendors, public agencies,
27  postsecondary institutions, or school districts.  The
28  commissioner shall obtain input with respect to the design and
29  implementation of the testing program from state educators and
30  the public.
31         2.  The tests are a combination of norm-referenced and
                                  24
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  criterion-referenced and include, to the extent determined by
 2  the commissioner, items that require the student to produce
 3  information or perform tasks in such a way that the skills and
 4  competencies he or she uses can be measured.
 5         3.  Each testing program, whether at the elementary,
 6  middle, or high school level, includes a test of writing in
 7  which students are required to produce writings which are then
 8  scored by appropriate methods.
 9         4.  A score is designated for each subject area tested,
10  below which score a student's performance is deemed
11  inadequate.  The school districts shall provide appropriate
12  remedial instruction to students who score below these levels.
13         5.  Except as provided in subparagraph 6., all 11th
14  grade students take a high school competency test developed by
15  the state board to test minimum student performance skills and
16  competencies in reading, writing, and mathematics. The test
17  must be based on the skills and competencies adopted by the
18  state board pursuant to paragraph (a). Upon recommendation of
19  the commissioner, the state board shall designate a passing
20  score for each part of the high school competency test. In
21  establishing passing scores, the state board shall consider
22  any possible negative impact of the test on minority students.
23  The commissioner may establish criteria whereby a student who
24  successfully demonstrates proficiency in either reading or
25  mathematics or both may be exempted from taking the
26  corresponding section of the high school competency test or
27  the college placement test.  A student must earn a passing
28  score or have been exempted from each part of the high school
29  competency test in order to qualify for a regular high school
30  diploma. The school districts shall provide appropriate
31  remedial instruction to students who do not pass part of the
                                  25
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  competency test.
 2         6.  Students who enroll in grade 9 in the fall of 1999
 3  and thereafter must earn a passing score on the grade 10
 4  assessment test described in this paragraph instead of the
 5  high school competency test described in subparagraph 5. Such
 6  students must earn a passing score in reading, writing, and
 7  mathematics to qualify for a regular high school diploma. Upon
 8  recommendation of the commissioner, the state board shall
 9  designate a passing score for each part of the grade 10
10  assessment test. In establishing passing scores, the state
11  board shall consider any possible negative impact of the test
12  on minority students.
13         7.6.  Participation in the testing program is mandatory
14  for all students, except as otherwise prescribed by the
15  commissioner.  The commissioner shall recommend rules to the
16  state board for the provision of test adaptations and
17  modifications of procedures as necessary for students in
18  exceptional education programs and for students who have
19  limited English proficiency.
20         8.7.  A student seeking an adult high school diploma
21  must meet the same testing requirements that a regular high
22  school student must meet.
23         9.  School districts must provide instruction to
24  prepare students to demonstrate proficiency in the skills and
25  competencies necessary for successful grade-to-grade
26  progression and high school graduation. The commissioner shall
27  conduct studies as necessary to verify that the required
28  skills and competencies are part of the district instructional
29  programs.
30
31  The commissioner may design and implement student testing
                                  26
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  programs for any grade level and subject area, based on
 2  procedures designated by the commissioner to monitor
 3  educational achievement in the state.
 4         (d)  Obtain or develop a career planning assessment to
 5  be administered to students, at their option, in grades 7 and
 6  10 to assist them in preparing for further education or
 7  entering the workforce.  The statewide student assessment
 8  program must include career planning assessment.
 9         (d)(e)  Conduct ongoing research to develop improved
10  methods of assessing student performance, including, without
11  limitation, the use of technology to administer tests, the use
12  of electronic transfer of data, the development of
13  work-product assessments, and the development of process
14  assessments.
15         (e)(f)  Conduct ongoing research and analysis of
16  student achievement data, including, without limitation,
17  monitoring trends in student achievement, identifying school
18  programs that are successful, and analyzing correlates of
19  school achievement.
20         (f)(g)  Provide technical assistance to school
21  districts in the implementation of state and district testing
22  programs and the use of the data produced pursuant to such
23  programs.
24         (4)  DISTRICT TESTING PROGRAMS.--Each district shall
25  periodically assess student performance and achievement within
26  each school of the district. The assessment programs must be
27  based upon local goals and objectives that are compatible with
28  the state plan for education and that supplement the skills
29  and competencies adopted by the State Board of Education. All
30  school districts must participate in the state assessment
31  program designed to measure annual student learning and school
                                  27
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  performance. All school districts shall report assessment
 2  results as required by the management information system. In
 3  grades 4 and 8, each district shall administer a nationally
 4  normed achievement test selected from a list approved by the
 5  state board; the data resulting from these tests must be
 6  provided to the Department of Education according to
 7  procedures specified by the commissioner.  The commissioner
 8  may request achievement data for other grade levels as
 9  necessary.
10         (5)  SCHOOL TESTING PROGRAMS.--Each public school,
11  unless specifically exempted by state board rule based on
12  serving a specialized population for which standardized
13  testing is not appropriate, shall participate in the state
14  assessment program. Student performance data shall be analyzed
15  and reported to parents, the community, and the state. Student
16  performance data shall be used in developing objectives of the
17  school improvement plan, evaluation of instructional
18  personnel, evaluation of administrative personnel, assignment
19  of staff, allocation of resources, acquisition of
20  instructional materials and technology, performance-based
21  budgeting, and promotion and assignment of students into
22  educational programs administering an achievement test,
23  whether at the elementary, middle, or high school level, and
24  each public school administering the high school competency
25  test, shall prepare an analysis of the resultant data after
26  each administration.  The analysis of student performance data
27  also must identify strengths and needs in the educational
28  program and trends over time.  The analysis must be used in
29  conjunction with the budgetary planning processes developed
30  pursuant to s. 229.555 and the development of the programs of
31  remediation described in s. 233.051.
                                  28
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         (6)  ANNUAL REPORTS.--The commissioner shall prepare
 2  annual reports of the results of the statewide assessment
 3  program which describe student achievement in the state, each
 4  district, and each school.  The commissioner shall prescribe
 5  the design and content of these reports, which must include,
 6  without limitation, descriptions of the performance of all
 7  schools participating in the assessment program and all of
 8  their major student populations as determined by the
 9  Commissioner of Education, and must also include the median
10  scores of all eligible students who scored at or in the lowest
11  25th percentile of the state in the previous school year,
12  provided, however, that the provisions of s. 228.093
13  pertaining to student records apply to this section. Until
14  such time as annual assessments prescribed in this section are
15  fully implemented, annual reports shall include student
16  performance data based on existing assessments students at
17  both low levels and exemplary levels, as well as the
18  performance of students scoring in the middle 50 percent of
19  the test population.
20         (7)  SCHOOL PERFORMANCE GRADE CATEGORIES.--Beginning
21  with the 1998-1999 school year's student and school
22  performance data, the annual report shall identify schools as
23  being in one of the following grade categories defined
24  according to rules of the state board:
25         (a)  "A," schools making excellent progress.
26         (b)  "B," schools making above average progress.
27         (c)  "C," schools making satisfactory progress.
28         (d)  "D," schools making less than satisfactory
29  progress.
30         (e)  "F," schools failing to make adequate progress.
31
                                  29
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  Beginning in the 1999-2000 school year, each school designated
 2  in performance grade category "A," making excellent progress,
 3  or as having improved at least two performance grade
 4  categories, shall have greater authority over the allocation
 5  of the school's total budget generated from the FEFP, state
 6  categoricals, lottery funds, grants, and local funds, as
 7  specified in state board rule. The rule must provide that the
 8  increased budget authority shall remain in effect until the
 9  school's performance grade declines.
10         (8)  DESIGNATION OF SCHOOL PERFORMANCE GRADE
11  CATEGORIES.--School performance grade category designations
12  itemized in subsection (7) shall be based on the following:
13         (a)  Timeframes.--
14         1.  School performance grade category designations
15  shall be based on one school year of performance.
16         2.  In school years 1998-1999 and 1999-2000, a school's
17  performance grade category designation shall be determined by
18  the student achievement levels on the FCAT, and on other
19  appropriate performance data, including, but not limited to,
20  attendance, dropout rate, school discipline data, and student
21  readiness for college, in accordance with state board rule.
22         3.  Beginning with the 2000-2001 school year, a
23  school's performance grade category designation shall be based
24  on a combination of student achievement scores as measured by
25  the FCAT, on the degree of measured learning gains of the
26  students, and on other appropriate performance data,
27  including, but not limited to, attendance, dropout rate,
28  school discipline data, and student readiness for college.
29         4.  Beginning with the 2001-2002 school year and
30  thereafter, a school's performance grade category designation
31  shall be based on student learning gains as measured by annual
                                  30
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  FCAT assessments in grades 3 through 10, and on other
 2  appropriate performance data, including, but not limited to,
 3  attendance, dropout rate, school discipline data, cohort
 4  graduation rate, and student readiness for college.
 5
 6  For the purpose of implementing ss. 229.0535 and 229.0537, if
 7  any of the four schools that were identified as critically low
 8  performing, based on both 1996-1997 and 1997-1998 school
 9  performance data and state board adopted criteria, receives a
10  performance grade category designation of "F," based on
11  1998-1999 school performance data, that school shall be
12  considered as having failed to make adequate progress for 2
13  years in a 4-year period. All other schools that receive a
14  performance grade category designation of "F," based on
15  1998-1999 school performance data, shall be considered as
16  having failed to make adequate progress for 1 year.
17         (b)  Student assessment data.--Student assessment data
18  used in determining school performance grade categories shall
19  include:
20         1.  The median scores of all eligible students enrolled
21  in the school who have been assessed on the FCAT.
22         2.  The median scores of all eligible students enrolled
23  in the school who have been assessed on the FCAT and who have
24  scored at or in the lowest 25th percentile of the state in the
25  previous school year.
26
27  The Department of Education shall study the effects of
28  mobility on the performance of highly mobile students and
29  recommend programs to improve the performance of such
30  students. The state board shall adopt appropriate criteria for
31  each school performance grade category. The criteria must also
                                  31
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  give added weight to student achievement in reading. Schools
 2  designated as performance grade category "C," making
 3  satisfactory progress, shall be required to demonstrate that
 4  adequate progress has been made by students who have scored
 5  among the lowest 25 percent of students in the state as well
 6  as by the overall population of students in the school.
 7         (9)  SCHOOL IMPROVEMENT RATINGS.--Beginning with the
 8  1999-2000 school year's student and school performance data,
 9  the annual report shall identify each school's performance as
10  having improved, remained the same, or declined. This school
11  improvement rating shall be based on a comparison of the
12  current year's and previous year's student and school
13  performance data. Schools that improve at least one
14  performance grade category are eligible for school recognition
15  awards pursuant to s. 231.2905.
16         (10)  SCHOOL PERFORMANCE GRADE CATEGORY AND IMPROVEMENT
17  RATING REPORTS.--School performance grade category
18  designations and improvement ratings shall apply to each
19  school's performance for the year in which performance is
20  measured. Each school's designation and rating shall be
21  published annually by the Department of Education and the
22  school district. Parents and guardians shall be entitled to an
23  easy-to-read report card about the designation and rating of
24  the school in which their child is enrolled.
25         (11)  STATEWIDE ASSESSMENTS.--The Department of
26  Education is authorized, subject to appropriation, to
27  negotiate a multiyear contract for the development, field
28  testing, and implementation of annual assessments of students
29  in grades 3 through 10. Such assessments must comply with the
30  following criteria:
31         (a)  Assessments for each grade level shall be capable
                                  32
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  of measuring each student's mastery of the Sunshine State
 2  Standards for that grade level and above.
 3         (b)  Assessments shall be capable of measuring the
 4  annual progress each student makes in mastering the Sunshine
 5  State Standards.
 6         (c)  Assessments shall include measures in reading and
 7  mathematics in each grade level and must include writing and
 8  science in grades 4, 8, and 10. Science assessment is to begin
 9  statewide in 2003.
10         (d)  Assessments shall be designed to protect the
11  integrity of the data and prevent score inflation.
12         (e)  The statistical system shall use measures of
13  student learning, such as the FCAT, to determine teacher,
14  school, and school district statistical distributions, which
15  distributions:
16         1.  Shall be determined using available data from the
17  FCAT, and other data collection as deemed appropriate by the
18  Department of Education, to measure the differences in student
19  prior year achievement against the current year achievement or
20  lack thereof, such that the "effects" of instruction to a
21  student by a teacher, school, and school district may be
22  estimated on a per-student and constant basis.
23         2.  Shall, to the extent possible, be able to be
24  expressed in linear scales such that the effects of ceiling
25  and floor dispersions are minimized.
26         (f)  The statistical system shall provide for an
27  approach which provides for best linear unbiased prediction
28  for the teacher, school, and school district effects on pupil
29  progress.  These estimates should adequately be able to
30  determine effects of and compare teachers who teach multiple
31  subjects to the same groups of students, and team teaching
                                  33
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  situations where teachers teach a single subject to multiple
 2  groups of students, or other teaching situations as
 3  appropriate.
 4         1.  The department, in consultation with the Office of
 5  Program Policy Analysis and Government Accountability, and
 6  other sources as appropriate, shall use recognized approaches
 7  to statistical variance and estimating random effects.
 8         2.  The approach used by the department shall be
 9  approved by the State Board of Education before implementation
10  for pupil progression assessment.
11         (g)  Assessments shall include a norm-referenced
12  subtest that allows for comparisons of Florida students with
13  the performance of students nationally.
14         (h)  The annual testing program shall be administered
15  to provide for valid statewide comparisons of learning gains
16  to be made for purposes of accountability and recognition.
17  Annual assessments that do not contain performance items shall
18  be administered no earlier than March of each school year,
19  with results being returned to schools prior to the end of the
20  academic year.  Subtests that contain performance items may be
21  given earlier than March, provided that the remaining subtests
22  are sufficient to provide valid data on comparisons of student
23  learning from year to year.  The time of administration shall
24  be aligned such that a comparable amount of instructional time
25  is measured in all school districts.  District school boards
26  shall not establish school calendars that jeopardize or limit
27  the valid testing and comparison of student learning gains.
28         (i)  Assessments shall be implemented statewide no
29  later than the spring of the 2000-2001 school year.
30         (12)  LOCAL ASSESSMENTS.--Measurement of the learning
31  gains of students in all subjects and grade levels other than
                                  34
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  subjects and grade levels required for the state assessment
 2  program is the responsibility of the school districts.
 3         (13)(7)  APPLICABILITY OF TESTING STANDARDS.--A student
 4  must meet the testing requirements for high school graduation
 5  which were in effect at the time the student entered 9th
 6  grade, provided the student's enrollment was continuous.
 7         (14)(8)  RULES.--The State Board of Education shall
 8  adopt rules pursuant to ss. 120.536(1) and 120.54 as necessary
 9  to implement the provisions of this section.
10         (15)  PERFORMANCE-BASED FUNDING.--The Legislature may
11  factor in the performance of schools in calculating any
12  performance-based funding policy that is provided for annually
13  in the General Appropriations Act.
14         Section 8.  Section 229.58, Florida Statutes, 1998
15  Supplement, is amended to read:
16         229.58  District and school advisory councils.--
17         (1)  ESTABLISHMENT.--
18         (a)  The school board shall establish an advisory
19  council for each school in the district, and shall develop
20  procedures for the election and appointment of advisory
21  council members. Each school advisory council shall include in
22  its name the words "school advisory council." The school
23  advisory council shall be the sole body responsible for final
24  decisionmaking at the school relating to implementation of the
25  provisions of ss. 229.591, 229.592, and 230.23(16). A majority
26  of the members of each school advisory council must be persons
27  who are not employed by the school. Each advisory council
28  shall be composed of the principal and an appropriately
29  balanced number of teachers, education support employees,
30  students, parents, and other business and community citizens
31  who are representative of the ethnic, racial, and economic
                                  35
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  community served by the school.  Vocational-technical center
 2  and high school advisory councils shall include students, and
 3  middle and junior high school advisory councils may include
 4  students.  School advisory councils of vocational-technical
 5  and adult education centers are not required to include
 6  parents as members.  Council members representing teachers,
 7  education support employees, students, and parents shall be
 8  elected by their respective peer groups at the school in a
 9  fair and equitable manner as follows:
10         1.  Teachers shall be elected by teachers.
11         2.  Education support employees shall be elected by
12  education support employees.
13         3.  Students shall be elected by students.
14         4.  Parents shall be elected by parents.
15
16  The school board shall establish procedures for use by schools
17  in selecting business and community members. Such procedures
18  shall include means of ensuring wide notice of vacancies and
19  for taking input on possible members from local business,
20  chambers of commerce, community and civic organizations and
21  groups, and the public at large. The school board shall review
22  the membership composition of each advisory council.  Should
23  the school board determine that the membership elected by the
24  school is not representative of the ethnic, racial, and
25  economic community served by the school, the board shall
26  appoint additional members to achieve proper representation.
27  The Commissioner of Florida Commission on Education Reform and
28  Accountability shall serve as a review body to determine if
29  schools have maximized their efforts to include on their
30  advisory councils minority persons and persons of lower
31  socioeconomic status. Although schools should be strongly
                                  36
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  encouraged to establish school advisory councils, any school
 2  district that has a student population of 10,000 or fewer may
 3  establish a district advisory council which shall include at
 4  least one duly elected teacher from each school in the
 5  district.  For the purposes of school advisory councils and
 6  district advisory councils, the term "teacher" shall include
 7  classroom teachers, certified student services personnel, and
 8  media specialists.  For purposes of this paragraph, "education
 9  support employee" means any person employed by a school who is
10  not defined as instructional or administrative personnel
11  pursuant to s. 228.041 and whose duties require 20 or more
12  hours in each normal working week.
13         (b)  The school board may establish a district advisory
14  council representative of the district and composed of
15  teachers, students, parents, and other citizens or a district
16  advisory council which may be comprised of representatives of
17  each school advisory council.  Recognized schoolwide support
18  groups which meet all criteria established by law or rule may
19  function as school advisory councils.
20         (2)  DUTIES.--Each advisory council shall perform such
21  functions as are prescribed by regulations of the  school
22  board; however, no advisory council shall have any of the
23  powers and duties now reserved by law to the school board.
24  Each school advisory council shall assist in the preparation
25  and evaluation of the school improvement plan required
26  pursuant to s. 230.23(16). By the 1999-2000 academic year,
27  with technical assistance from the Department of Education,
28  each school advisory council shall assist in the preparation
29  of the school's annual budget and plan as required by s.
30  229.555(1). A portion of funds provided in the annual General
31  Appropriations Act for use by school advisory councils must be
                                  37
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  used for implementing the school improvement plan.
 2         Section 9.  Section 229.591, Florida Statutes, 1998
 3  Supplement, is amended to read:
 4         229.591  Comprehensive revision of Florida's system of
 5  school improvement and education accountability.--
 6         (1)  INTENT.--The Legislature recognizes that the
 7  children and youth of the state are its future and its most
 8  precious resource.  To provide these developing citizens with
 9  the sound education needed to grow to a satisfying and
10  productive adulthood, the Legislature intends that, by the
11  year 2000, Florida establish a system of school improvement
12  and education accountability based on the performance of
13  students and educational programs. The intent of the
14  Legislature is to provide clear guidelines for achieving this
15  purpose and for returning the responsibility for education to
16  those closest to the students, their that is the schools,
17  teachers, and parents.  The Legislature recognizes, however,
18  its ultimate responsibility and that of the Governor, the
19  Commissioner of Education, and the State Board of Education
20  and other state policymaking bodies in providing the strong
21  leadership needed to forge a new concept of school improvement
22  and in making adequate provision by law provisions for a
23  uniform, efficient, safe, secure, and high-quality system of
24  free public schools as required by s. 1, Art. IX of the State
25  Constitution. It is further the intent of the Legislature to
26  build upon the foundation established by the Educational
27  Accountability Act of 1976 and to implement a program of
28  education accountability and school improvement based upon the
29  achievement of state goals, recognizing the State Board of
30  Education as the body corporate responsible for the
31  supervision of the system of public education, the district
                                  38
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  school board as responsible for school and student
 2  performance, and the individual school as the unit for
 3  education accountability.
 4         (2)  REQUIREMENTS.--Florida's system for school
 5  improvement and education accountability shall:
 6         (a)  Establish state and local educational goals.
 7         (b)  Increase the use of educational outcomes over
 8  educational processes in assessing educational programs.
 9         (c)  Redirect state fiscal and human resources to
10  assist school districts and schools to meet state and local
11  goals for student success in school and in later life.
12         (d)  Provide methods for measuring, and public
13  reporting of, state, school district, and individual school
14  progress toward the education goals.
15         (e)  Recognize successful schools.
16         (f)  Provide for Ensure that unsuccessful schools
17  designated as performance grade category "D" or "F" to receive
18  are provided assistance and intervention sufficient to attain
19  adequate such that improvement occurs, and provide further
20  ensure that action that should occur when schools do not
21  improve.
22         (g)  Provide that parents or guardians are not required
23  to send their children to schools that have been designated in
24  performance grade category "F," as defined in state board
25  rule, for two school years in a 4-year period.
26         (3)  EDUCATION GOALS.--The state as a whole shall work
27  toward the following goals:
28         (a)  Readiness to start school.--Communities and
29  schools collaborate in a statewide comprehensive school
30  readiness program to prepare children and families for
31  children's success in school.
                                  39
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         (b)  Graduation rate and readiness for postsecondary
 2  education and employment.--Students graduate and are prepared
 3  to enter the workforce and postsecondary education.
 4         (c)  Student performance.--Students make annual
 5  learning gains sufficient to acquire the knowledge, skills,
 6  and competencies needed to master state standards;
 7  successfully compete at the highest levels nationally and
 8  internationally; and be are prepared to make well-reasoned,
 9  thoughtful, and healthy lifelong decisions.
10         (d)  Learning environment.--School boards provide a
11  learning environment conducive to teaching and learning, in
12  which education programs are based on student performance
13  data, and which strive to eliminate achievement gaps by
14  improving the learning of all students.
15         (e)  School safety and environment.--Communities and
16  schools provide an environment that is drug-free and protects
17  students' health, safety, and civil rights.
18         (f)  Teachers and staff.--The schools, district, all
19  postsecondary institutions, and state work collaboratively to
20  provide ensure professional teachers and staff who possess the
21  competencies and demonstrate the performance needed to
22  maximize learning among all students.
23         (g)  Adult literacy.--Adult Floridians are literate and
24  have the knowledge and skills needed to compete in a global
25  economy, prepare their children for success in school, and
26  exercise the rights and responsibilities of citizenship.
27         (h)  Parental, family, and community
28  involvement.--Communities, school boards, and schools provide
29  opportunities for involving parents, families, and guardians,
30  and other community stakeholders as collaborative active
31  partners in achieving school improvement and education
                                  40
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  accountability. The State Board of Education shall adopt
 2  standards for indicating progress toward this state education
 3  goal by January 1, 1997.
 4         Section 10.  Section 229.592, Florida Statutes, 1998
 5  Supplement, is amended to read:
 6         229.592  Implementation of state system of school
 7  improvement and education accountability.--
 8         (1)  DEVELOPMENT.--It is the intent of the Legislature
 9  that every public school in the state shall have a school
10  improvement plan, as required by s. 230.23(16), fully
11  implemented and operational by the beginning of the 1993-1994
12  school year.  Vocational standards considered pursuant to s.
13  239.229 shall be incorporated into the school improvement plan
14  for each area technical center operated by a school board by
15  the 1994-1995 school year, and area technical centers shall
16  prepare school report cards incorporating such standards,
17  pursuant to s. 230.23(16), for the 1995-1996 school year.  In
18  order to accomplish this, the Commissioner of Florida
19  Commission on Education Reform and Accountability and the
20  school districts and schools shall carry out the duties
21  assigned to them by s. ss. 229.594 and 230.23(16),
22  respectively.
23         (2)  ESTABLISHMENT.--Based upon the recommendations of
24  the Florida Commission on Education Reform and Accountability,
25  the Legislature may enact such laws as it considers necessary
26  to establish and maintain a state system of school improvement
27  and accountability.  If, after considering the recommendations
28  of the commission, the Legislature determines an adequate
29  system of accountability to be in place to protect the public
30  interest, the Legislature may repeal or revise laws, including
31  fiscal policies, deemed to stand in the way of school
                                  41
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  improvement.
 2         (2)(3)  COMMISSIONER.--The commissioner shall be
 3  responsible for implementing and maintaining a system of
 4  intensive school improvement and stringent education
 5  accountability, which shall include policies and programs to.
 6         (a)  Based on the recommendations of The Florida
 7  Commission on Education Reform and Accountability, the
 8  commissioner shall develop and implement the following
 9  programs and procedures:
10         (a)1.  A system of data collection and analysis that
11  will improve information about the educational success of
12  individual students and schools. The information and analyses
13  must be capable of identifying educational programs or
14  activities in need of improvement, and reports prepared
15  pursuant to this paragraph subparagraph shall be distributed
16  to the appropriate school boards prior to distribution to the
17  general public.  This provision shall not preclude access to
18  public records as provided in chapter 119.
19         (b)2.  A program of school improvement that will
20  analyze information to identify schools, educational programs,
21  or educational activities in need of improvement.
22         (c)3.  A method of delivering services to assist school
23  districts and schools to improve.
24         (d)4.  A method of coordinating with the state
25  educational goals and school improvement plans any other state
26  program that creates incentives for school improvement.
27         (3)(b)  The commissioner shall be held responsible for
28  the implementation and maintenance of the system of school
29  improvement and education accountability outlined in this
30  section subsection.  There shall be an annual determination of
31  whether adequate progress is being made toward implementing
                                  42
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  and maintaining a system of school improvement and education
 2  accountability.
 3         (4)(c)  The annual feedback report shall be developed
 4  by the commission and the Department of Education.
 5         (5)(d)  The commissioner and the commission shall
 6  review each school board's feedback report and submit its
 7  findings to the State Board of Education.  If adequate
 8  progress is not being made toward implementing and maintaining
 9  a system of school improvement and education accountability,
10  the State Board of Education shall direct the commissioner to
11  prepare and implement a corrective action plan. The
12  commissioner and State Board of Education shall monitor the
13  development and implementation of the corrective action plan.
14         (6)(e)  As co-chair of the Florida Commission on
15  Education Reform and Accountability,  The commissioner shall
16  appear before the appropriate committees of the Legislature
17  annually in October to report to the Legislature and recommend
18  changes in state policy necessary to foster school improvement
19  and education accountability. The report shall reflect the
20  recommendations of the Florida Commission on Education Reform
21  and Accountability. Included in the report shall be a list of
22  the schools for which school boards have developed assistance
23  and intervention plans and an analysis of the various
24  strategies used by the school boards. School reports shall be
25  distributed pursuant to this paragraph and s. 230.23(16)(e)
26  according to guidelines adopted by the State Board of
27  Education.
28         (7)(4)  DEPARTMENT.--
29         (a)  The Department of Education shall implement a
30  training program to develop among state and district educators
31  a cadre of facilitators of school improvement.  These
                                  43
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  facilitators shall assist schools and districts to conduct
 2  needs assessments and develop and implement school improvement
 3  plans to meet state goals.
 4         (b)  Upon request, the department shall provide
 5  technical assistance and training to any school, school
 6  advisory council, district, or school board for conducting
 7  needs assessments, developing and implementing school
 8  improvement plans, developing and implementing assistance and
 9  intervention plans, or implementing other components of school
10  improvement and accountability. Priority for these services
11  shall be given to schools designated as performance grade
12  category "D" or "F" and school districts in rural and sparsely
13  populated areas of the state.
14         (c)  Pursuant to s. 24.121(5)(d), the department shall
15  not release funds from the Educational Enhancement Trust Fund
16  to any district in which a school does not have an approved
17  school improvement plan, pursuant to s. 230.23(16), after 1
18  full school year of planning and development, or does not
19  comply with school advisory council membership composition
20  requirements pursuant to s. 229.58(1). The department shall
21  send a technical assistance team to each school without an
22  approved plan to develop such school improvement plan or to
23  each school without appropriate school advisory council
24  membership composition to develop a strategy for corrective
25  action.  The department shall release the funds upon approval
26  of the plan or upon establishment of a plan of corrective
27  action. Notice shall be given to the public of the
28  department's intervention and shall identify each school
29  without a plan or without appropriate school advisory council
30  membership composition.
31         (d)  The department shall assign a community assessment
                                  44
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  team to each school district with a school designated as
 2  performance grade category "D" or "F" to review the school
 3  performance data and determine causes for the low performance.
 4  The team shall make recommendations to the school board, to
 5  the department, and to the State Board of Education for
 6  implementing an assistance and intervention plan that will
 7  address the causes of the school's low performance. The
 8  assessment team shall include, but not be limited to, a
 9  department representative, parents, business representatives,
10  educators, and community activists, and shall represent the
11  demographics of the community from which they are appointed.
12         (8)(5)  STATE BOARD.--The State Board of Education
13  shall adopt rules pursuant to ss. 120.536(1) and 120.54
14  necessary to implement a state system of school improvement
15  and education accountability and shall specify required annual
16  reports by schools and school districts. Such rules must be
17  based on recommendations of the Commission on Education Reform
18  and Accountability and must include, but need not be limited
19  to, a requirement that each school report identify the annual
20  Education Enhancement Trust Fund allocations to the district
21  and the school and how those allocations were used for
22  educational enhancement and supporting school improvement.
23         (9)(6)  EXCEPTIONS TO LAW.--To facilitate innovative
24  practices and to allow local selection of educational methods,
25  the commissioner may waive, upon the request of a school
26  board, requirements of chapters 230 through 239 of the Florida
27  School Code that relate to instruction and school operations,
28  except those pertaining to civil rights, and student health,
29  safety, and welfare. The Commissioner of Education is not
30  authorized to grant waivers for any provisions of law
31  pertaining to the allocation and appropriation of state and
                                  45
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  local funds for public education; the election, compensation,
 2  and organization of school board members and superintendents;
 3  graduation and state accountability standards; financial
 4  reporting requirements; reporting of out-of-field teaching
 5  assignments under s. 231.095; public meetings; public records;
 6  or due process hearings governed by chapter 120. Prior to
 7  approval, the commissioner shall report pending waiver
 8  requests to the state board on a monthly basis, and shall,
 9  upon request of any state board member, bring a waiver request
10  to the state board for consideration. If, within 2 weeks of
11  receiving the report, no member requests that a waiver be
12  considered by the state board, the commissioner may act on the
13  original waiver request. No later than January 1 of each year,
14  the commissioner shall report to the President and Minority
15  Leader of the Senate and the Speaker and Minority Leader of
16  the House of Representatives all approved waiver requests in
17  the preceding year.
18         (a)  Graduation requirements in s. 232.246 must be met
19  by demonstrating performance of intended outcomes for any
20  course in the Course Code Directory unless a waiver is
21  approved by the commissioner. In developing procedures for
22  awarding credits based on performance outcomes, districts may
23  request waivers from State Board of Education rules relating
24  to curriculum frameworks and credits for courses and programs
25  in the Course Code Directory. Credit awarded for a course or
26  program beyond that allowed by the Course Code Directory
27  counts as credit for electives. Upon request by any school
28  district, the commissioner shall evaluate and establish
29  procedures for variations in academic credits awarded toward
30  graduation by a high school offering six periods per day
31  compared to those awarded by high schools operating on other
                                  46
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  schedules.
 2         1.  A school board may originate a request for waiver
 3  and submit the request to the commissioner if such a waiver is
 4  required to implement districtwide improvements.
 5         2.  A school board may submit a request to the
 6  commissioner for a waiver if such request is presented to the
 7  school board by a school advisory council established pursuant
 8  to s. 229.58 and if such a waiver is required to implement a
 9  school improvement plan required by s. 230.23(16). The school
10  board shall report annually to the Commissioner of Florida
11  Commission on Education Reform and Accountability, in
12  conjunction with the feedback report required pursuant to this
13  section subsection (3), the number of waivers requested by
14  school advisory councils, the number of such waiver requests
15  approved and submitted to the commissioner, and the number of
16  such waiver requests not approved and not submitted to the
17  commissioner. For each waiver request not approved, the school
18  board shall report the statute or rule for which the waiver
19  was requested, the rationale for the school advisory council
20  request, and the reason the request was not approved.
21         3.  When approved by the commissioner, a waiver
22  requested under this paragraph is effective for a 5-year
23  period.
24         (b)  Notwithstanding the provisions of chapter 120 and
25  for the purpose of implementing this subsection, the
26  commissioner may waive State Board of Education rules if the
27  school board has submitted a written request to the
28  commissioner for approval pursuant to this subsection.
29         (c)  The written request for waiver of statute or rule
30  must indicate at least how the general statutory purpose will
31  be met, how granting the waiver will assist schools in
                                  47
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  improving student outcomes related to the student performance
 2  standards adopted by the state board pursuant to subsection
 3  (5), and how student improvement will be evaluated and
 4  reported. In considering any waiver, The commissioner shall
 5  not grant any waiver that would impair the ensure protection
 6  of the health, safety, welfare, or and civil rights of the
 7  students or the and protection of the public interest.
 8         (d)  Upon denying a request for a waiver, the
 9  commissioner must state with particularity the grounds or
10  basis for the denial. The commissioner shall report the
11  specific statutes and rules for which waivers are requested
12  and the number and disposition of such requests to the
13  Legislature and the State Board of Education Florida
14  Commission on Education Reform and Accountability for use in
15  determining which statutes and rules stand in the way of
16  school improvement.
17         (e)1.  Schools designated in performance grade category
18  "A," making excellent progress, shall, if requested by the
19  school, be given deregulated status as specified in s.
20  228.0565(5), (7), (8), (9), and (10).
21         2.  Schools that have improved at least two performance
22  grade categories and that meet the criteria of the Florida
23  School Recognition Program pursuant to s. 231.2905 may be
24  given deregulated status as specified in s. 228.0565(5), (7),
25  (8), (9), and (10).
26         Section 11.  Section 229.593, Florida Statutes, 1998
27  Supplement, is repealed.
28         Section 12.  Section 229.594, Florida Statutes, is
29  repealed.
30         Section 13.  Subsection (5) of section 229.595, Florida
31  Statutes, is amended to read:
                                  48
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         229.595  Implementation of state system of education
 2  accountability for school-to-work transition.--
 3         (5)  Prior to each student's graduation from high
 4  school, the school shall Any assessment required for student
 5  receipt of a high school diploma shall include items designed
 6  to assess the student's student preparation to enter the
 7  workforce and provide the student and the student's parent or
 8  guardian with the results of such assessment. The Commissioner
 9  of Florida Commission on Education Reform and Accountability
10  shall identify the employability skills associated with
11  successful entry into the workforce from which such items
12  shall be derived.
13         Section 14.  Paragraphs (c) and (g) of subsection (5),
14  paragraph (b) of subsection (7), and subsections (16) and (17)
15  of section 230.23, Florida Statutes, 1998 Supplement, are
16  amended, present subsection (18) is amended and renumbered as
17  subsection (20), and new subsections (18) and (19) are added
18  to that section, to read:
19         230.23  Powers and duties of school board.--The school
20  board, acting as a board, shall exercise all powers and
21  perform all duties listed below:
22         (5)  PERSONNEL.--Designate positions to be filled,
23  prescribe qualifications for those positions, and provide for
24  the appointment, compensation, promotion, suspension, and
25  dismissal of employees as follows, subject to the requirements
26  of chapter 231:
27         (c)  Compensation and salary schedules.--Adopt a salary
28  schedule or salary schedules designed to furnish incentives
29  for improvement in training and for continued efficient
30  service to be used as a basis for paying all school employees,
31  such schedules to be arranged, insofar as practicable, so as
                                  49
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  to furnish incentive for improvement in training and for
 2  continued and efficient service and fix and authorize the
 3  compensation of school employees on the basis thereof of such
 4  schedules. A district school board, in determining the salary
 5  schedule for instructional personnel, must base a portion of
 6  each employee's compensation on performance demonstrated under
 7  s. 231.29 and must consider the prior teaching experience of a
 8  person who has been designated state teacher of the year by
 9  any state in the United States. In developing the salary
10  schedule, the school board shall seek input from parents,
11  teachers, and representatives of the business community. By
12  June 30, 2002, the salary schedule adopted by the school board
13  must base at least 5 percent of the salary of school
14  administrators and instructional personnel on annual
15  performance measured under s. 231.29. The district's
16  performance-pay policy is subject to negotiation as provided
17  in chapter 447; however, the adopted salary schedule must
18  allow employees who demonstrate outstanding performance to
19  earn 5 percent of their individual salary. The Commissioner of
20  Education shall determine whether the board's adopted salary
21  schedule complies with the requirement for performance-based
22  pay. If the board fails to comply by June 30, 2002, the
23  commissioner shall withhold disbursements from the Educational
24  Enhancement Trust Fund to the district until compliance is
25  verified.
26         (g)  Awards and incentives.--Provide for recognition of
27  district employees, students, school volunteers, and or
28  advisory committee members who have contributed outstanding
29  and meritorious service in their fields or service areas.
30  After considering recommendations of the superintendent, the
31  board shall adopt rules establishing and regulating the
                                  50
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  meritorious service awards necessary for the efficient
 2  operation of the program. An award or incentive granted under
 3  this paragraph may not be considered in determining the salary
 4  schedules required by paragraph (c). Monetary awards shall be
 5  limited to persons who propose procedures or ideas which are
 6  adopted by the board and which will result in eliminating or
 7  reducing school board expenditures or improving district or
 8  school center operations.  Nonmonetary awards shall include,
 9  but are need not be limited to, certificates, plaques, medals,
10  ribbons, and photographs.  The school board may is authorized
11  to expend funds for such recognition and awards.  No award
12  granted under the provisions of this paragraph shall exceed
13  $2,000 or 10 percent of the first year's gross savings,
14  whichever is greater.
15         (7)  COURSES OF STUDY AND OTHER INSTRUCTIONAL
16  AIDS.--Provide adequate instructional aids for all children as
17  follows and in accordance with the requirements of chapter
18  233.
19         (b)  Textbooks.--Provide for proper requisitioning,
20  distribution, accounting, storage, care, and use of all
21  instructional materials textbooks and other books furnished by
22  the state and furnish such other instructional materials
23  textbooks and library books as may be needed. The school board
24  is responsible for assuring that instructional materials used
25  in the district are consistent with the district goals and
26  objectives and the curriculum frameworks approved by the State
27  Board of Education, as well as with the state and district
28  performance standards provided for in ss. 229.565 and
29  232.2454.
30         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND
31  ACCOUNTABILITY.--Maintain a system of school improvement and
                                  51
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  education accountability as provided by statute and State
 2  Board of Education rule. This system of school improvement and
 3  education accountability shall be consistent with, and
 4  implemented through, the district's continuing system of
 5  planning and budgeting required by this section and ss.
 6  229.555 and 237.041. This system of school improvement and
 7  education accountability shall include, but is not be limited
 8  to, the following:
 9         (a)  School improvement plans.--Annually approve and
10  require implementation of a new, amended, or continuation
11  school improvement plan for each school in the district.  Such
12  plan shall be designed to achieve the state education goals
13  and student performance standards pursuant to ss. 229.591(3)
14  and 229.592. Beginning in 1999-2000, each plan shall also
15  address issues relative to budget, training, instructional
16  materials, technology, staffing, student support services,
17  specific school safety and discipline strategies, and other
18  matters of resource allocation, as determined by school board
19  policy, and shall be based on an analysis of student
20  achievement and other school performance data.
21         (b)  Approval process.--Develop a process for approval
22  of a school improvement plan presented by an individual school
23  and its advisory council. In the event a board does not
24  approve a school improvement plan after exhausting this
25  process, the Department of Education Florida Commission on
26  Education Reform and Accountability shall be notified of the
27  need for assistance.
28         (c)  Assistance and intervention.--Develop a 2-year
29  3-year plan of increasing individualized assistance and
30  intervention for each school in danger of that does not
31  meeting state standards meet or making make adequate progress,
                                  52
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  based upon the recommendations of the commission, as defined
 2  pursuant to statute and State Board of Education rule, toward
 3  meeting the goals and standards of its approved school
 4  improvement plan.  A school that is identified as being in
 5  performance grade category "D" pursuant to s. 229.57 is in
 6  danger of failing and must be provided assistance and
 7  intervention. District school boards are encouraged to
 8  prioritize the expenditures of funds received from specific
 9  appropriation 110A of the General Appropriations Act of fiscal
10  year 1999-2000 to improve student performance in schools that
11  receive a performance grade category designation of "D" or
12  "F."
13         (d)  After 2 3 years.--Notify the Commissioner of
14  Florida Commission on Education Reform and Accountability and
15  the State Board of Education in the event any school does not
16  make adequate progress toward meeting the goals and standards
17  of a school improvement plan by the end of 2 3 consecutive
18  years of failing to make adequate progress district assistance
19  and intervention and proceed according to guidelines developed
20  pursuant to statute and State Board of Education rule. School
21  districts shall provide intervention and assistance to schools
22  in danger of being designated as performance grade category
23  "F," failing to make adequate progress.
24         (e)  Public disclosure.--Provide information regarding
25  performance of students and educational programs as required
26  pursuant to ss. s. 229.555 and 229.57(5) and implement a
27  system of school reports as required by statute and State
28  Board of Education rule. Annual public disclosure reports
29  shall be in an easy-to-read report card format, and shall
30  include the school's student and school performance grade
31  category designation and performance data as specified in
                                  53
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  state board rule.
 2         (f)  School improvement funds.--Provide funds to
 3  schools for developing and implementing school improvement
 4  plans. Such funds shall include those funds appropriated for
 5  the purpose of school improvement pursuant to s. 24.121(5)(c).
 6         (17)  LOCAL-LEVEL DECISIONMAKING.--
 7         (a)  Adopt policies that clearly encourage and enhance
 8  maximum decisionmaking appropriate to the school site. Such
 9  policies must include guidelines for schools in the adoption
10  and purchase of district and school site instructional
11  materials and technology, staff training, school advisory
12  council member training, student support services, budgeting,
13  and the allocation of staff resources.
14         (b)  Adopt waiver process policies to enable all
15  schools to exercise maximum flexibility and notify advisory
16  councils of processes to waive school district and state
17  policies.
18         (c)  Develop policies for periodically monitoring the
19  membership composition of school advisory councils to ensure
20  compliance with requirements established in s. 229.58.
21         (d)  Adopt policies that assist in giving greater
22  autonomy, including authority over the allocation of the
23  school's budget, to schools designated as performance grade
24  category "A," making excellent progress, and schools rated as
25  having improved at least two performance grade categories.
26         (18)  OPPORTUNITY SCHOLARSHIPS.--Adopt policies
27  allowing students attending schools that have been designated
28  as performance grade category "F," failing to make adequate
29  progress, for two school years in a 4-year period to attend a
30  higher performing school in the district or an adjoining
31  district or be granted a state opportunity scholarship to a
                                  54
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  private school, in conformance with s. 229.0537 and state
 2  board rule.
 3         (19)  AUTHORITY TO DECLARE AN EMERGENCY.--The school
 4  board is authorized to declare an emergency in cases in which
 5  one or more schools in the district are failing or are in
 6  danger of failing and to negotiate special provisions of its
 7  contract with the appropriate bargaining units to free these
 8  schools from contract restrictions that limit the school's
 9  ability to implement programs and strategies needed to improve
10  student performance.
11         (20)(18)  ADOPT RULES.--Adopt rules pursuant to ss.
12  120.536(1) and 120.54 to implement the provisions of this
13  section.
14         Section 15.  Subsection (2) of section 231.2905,
15  Florida Statutes, is amended, and subsection (4) is added to
16  said section, to read:
17         231.2905  Florida School Recognition Program.--
18         (2)  The Florida School Recognition Program is created
19  to provide greater autonomy and financial awards to faculty
20  and staff of schools that sustain high performance or that
21  demonstrate exemplary improvement due to innovation and
22  effort.  The Commissioner of Education shall establish
23  statewide objective criteria for schools to be invited to
24  apply for the Florida School Recognition Program. The
25  selection of schools must be based on at least 2 school years
26  of data, when available. To participate in the program, a
27  school district must have incorporated a performance incentive
28  program into its employee salary structure. All public
29  schools, including charter schools, are eligible to
30  participate in the program.
31         (a)  Initial criteria for identification of schools
                                  55
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  must rely on the school's data and statewide data and must
 2  include, but is not be limited to:
 3         (a)1.  Improvement in the school's student achievement
 4  data.
 5         (b)2.  Statewide student achievement data.
 6         (c)  Student learning gains when such data becomes
 7  available.
 8         (d)3.  Readiness for postsecondary education data.
 9         (e)4.  Dropout rates.
10         (f)5.  Attendance rates.
11         (g)  Graduation rates.
12         (h)  Cohort graduation rates.
13         (b)  After a pool of eligible schools has been
14  identified, schools must apply for final recognition and
15  financial awards based on established criteria.  Criteria must
16  include, but not be limited to:
17         1.  School climate, including rates of school violence
18  and crime.
19         2.  Indicators of innovation in teaching and learning.
20         3.  Indicators of successful challenging school
21  improvement plans.
22         4.  Parent, community, and student involvement in
23  learning.
24         (c)  After identification of schools for final
25  recognition and financial awards, awards must be distributed
26  based on employee performance criteria established in district
27  school board policy.
28         (4)  The School Recognition Program shall utilize the
29  school performance grade category designations in s. 229.57.
30         Section 16.  Section 232.245, Florida Statutes, is
31  amended to read:
                                  56
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         232.245  Pupil progression; remedial instruction;
 2  reporting requirements.--
 3         (1)  It is the intent of the Legislature that each
 4  student's progression from one grade to another be determined,
 5  in part, upon proficiency in reading, writing, science, and
 6  mathematics; that school district policies facilitate such
 7  proficiency; and that each student and his or her parent or
 8  legal guardian be informed of that student's academic
 9  progress.
10         (2)  Each district school board shall establish a
11  comprehensive program for pupil progression which must
12  include:
13         (a)  Standards for evaluating each pupil's performance,
14  including how well he or she masters the performance standards
15  approved by the state board according to s. 229.565; and
16         (b)  Specific levels of performance in reading,
17  writing, science, and mathematics for each grade level,
18  including the levels of performance on statewide assessments
19  at selected grade levels in elementary school, middle school,
20  and high school as defined by the Commissioner of Education,
21  below which a student must receive remediation, or and may be
22  retained within an intensive program that is different from
23  the previous year's program and that takes into account the
24  student's learning style. No student may be assigned to a
25  grade level based solely on age or other factors that
26  constitute social promotion. School boards shall allocate
27  remedial and supplemental instruction resources first to
28  students who fail to meet achievement performance levels
29  required for promotion. The state board shall adopt rules to
30  prescribe limited circumstances in which a student may be
31  promoted without meeting the specific assessment performance
                                  57
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  levels prescribed by the district's pupil progression plan.
 2  Such rules shall specifically address the promotion of
 3  students with limited English proficiency and students with
 4  disabilities. A school district must consider an appropriate
 5  alternative placement for a student who has been retained 2 or
 6  more years.
 7         (3)  Each student must participate in the statewide
 8  assessment tests required by s. 229.57. Each student who does
 9  not meet specific levels of performance as determined by the
10  district school board in reading, writing, science, and
11  mathematics for each grade level, or who does not meet
12  specific levels of performance, determined by the Commissioner
13  of Education, on statewide assessments at selected grade
14  levels, must be provided with additional diagnostic
15  assessments to determine the nature of the student's
16  difficulty and areas of academic need. The school in which the
17  student is enrolled must develop, in consultation with the
18  student's parent or legal guardian, and must implement an
19  academic improvement plan designed to assist the student in
20  meeting state and district expectations for proficiency. Each
21  plan must include the provision of intensive remedial
22  instruction in the areas of weakness through one or more of
23  the following activities, as considered appropriate by the
24  school administration:
25         (a)  Summer school coursework;
26         (b)  Extended-day services;
27         (c)  Parent tutorial programs;
28         (d)  Contracted academic services;
29         (e)  Exceptional education services; or
30         (f)  Suspension of curriculum other than reading,
31  writing, and mathematics. Remedial instruction provided during
                                  58
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  high school may not be in lieu of English and mathematics
 2  credits required for graduation.
 3
 4  Upon subsequent evaluation, if the documented deficiency has
 5  not been corrected in accordance with the academic improvement
 6  plan, the student may be retained. Each student who does not
 7  meet the minimum performance expectations defined by the
 8  Commissioner of Education for the statewide assessment tests
 9  in reading, writing, science, and mathematics must retake the
10  state assessment test in the subject area of deficiency and
11  must continue remedial or supplemental instruction until the
12  expectations are met or the student graduates from high school
13  or is not subject to compulsory school attendance.
14         (4)  Any student who exhibits substantial deficiency in
15  reading skills, based on locally determined assessments
16  conducted before the end of grade 1 or, grade 2, and grade 3,
17  or based on teacher recommendation, must be given intensive
18  reading instruction immediately following the identification
19  of the reading deficiency. The student's reading proficiency
20  must be reassessed by locally determined assessment or based
21  on teacher recommendation at the beginning of the grade
22  following the intensive reading instruction, and the student
23  must continue to be given intensive reading instruction until
24  the reading deficiency is remedied. If the student's reading
25  deficiency, as determined by the locally determined assessment
26  at grades 1 and 2, or by the statewide assessment at grade 3,
27  is not remedied by the end of grade 4, and 2 or grade 3, or if
28  the student scores below the specific level of performance,
29  determined by the local school board, on the statewide
30  assessment test in reading and writing given in elementary
31  school, the student must be retained. The local school board
                                  59
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  may exempt a student from mandatory retention for good cause.
 2         (5)  Beginning with the 1997-1998 school year, any
 3  student who exhibits substantial deficiency in reading skills,
 4  based on locally determined assessments conducted at the
 5  beginning of grade 2, grade 3, and grade 4, or based on
 6  teacher recommendation, must be given intensive reading
 7  instruction immediately following the identification of the
 8  reading deficiency. The student's reading proficiency must be
 9  reassessed by locally determined assessment or based on
10  teacher recommendation at the beginning of the grade following
11  the intensive reading instruction, and the student must
12  continue to be given intensive reading instruction until the
13  reading deficiency is remedied.  If the student's reading
14  deficiency is not remedied by the end of grade 5, the student
15  may be retained.
16         (5)(6)  Each district must annually report to the
17  parent or legal guardian of each student the progress of the
18  student towards achieving state and district expectations for
19  proficiency in reading, writing, science, and mathematics. The
20  district must report to the parent or legal guardian the
21  student's results on each statewide assessment test. The
22  evaluation of each student's progress must be based upon the
23  student's classroom work, observations, tests, district and
24  state assessments, and other relevant information. Progress
25  reporting must be provided to the parent or legal guardian in
26  writing in a format adopted by the district school board.
27         (6)(7)  The Commissioner of Education shall adopt rules
28  pursuant to ss. 120.536(1) and 120.54 necessary for the
29  administration of this section.
30         (7)(8)  The Department of Education shall provide
31  technical assistance as needed to aid school districts in
                                  60
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  administering this section.
 2         Section 17.  Subsections (3), (8), and (12) of section
 3  228.053, Florida Statutes, are amended to read:
 4         228.053  Developmental research schools.--
 5         (3)  MISSION.--The mission of a developmental research
 6  school shall be the provision of a vehicle for the conduct of
 7  research, demonstration, and evaluation regarding management,
 8  teaching, and learning. Programs to achieve the mission of a
 9  developmental research school shall embody the goals and
10  standards of "Blueprint 2000" established pursuant to ss.
11  229.591 and 229.592 and shall ensure an appropriate education
12  for its students.
13         (a)  Each developmental research school shall emphasize
14  mathematics, science, computer science, and foreign languages.
15  The primary goal of a developmental research school is to
16  enhance instruction and research in such specialized subjects
17  by using the resources available on a state university campus,
18  while also providing an education in nonspecialized subjects.
19  Each developmental research school shall provide sequential
20  elementary and secondary instruction where appropriate. A
21  developmental research school may not provide instruction at
22  grade levels higher than grade 12 without authorization from
23  the State Board of Education. Each developmental research
24  school shall develop and implement a school improvement plan
25  pursuant to s. 230.23(16).
26         (b)  Research, demonstration, and evaluation conducted
27  at a developmental research school may be generated by the
28  college of education with which the school is affiliated.
29         (c)  Research, demonstration, and evaluation conducted
30  at a developmental research school may be generated by the
31  Education Standards Commission. Such research shall respond to
                                  61
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  the needs of the education community at large, rather than the
 2  specific needs of the affiliated college.
 3         (d)  Research, demonstration, and evaluation conducted
 4  at a developmental research school may consist of pilot
 5  projects to be generated by the affiliated college, the
 6  Education Standards Commission, or the Legislature.
 7         (e)  The exceptional education programs offered at a
 8  developmental research school shall be determined by the
 9  research and evaluation goals and the availability of students
10  for efficiently sized programs. The fact that a developmental
11  research school offers an exceptional education program in no
12  way lessens the general responsibility of the local school
13  district to provide exceptional education programs.
14         (8)  ADVISORY BOARDS.--"Blueprint 2000" provisions and
15  intent specify that Each public school in the state shall
16  establish a school advisory council that is reflective of the
17  population served by the school, pursuant to s. 229.58, and is
18  responsible for the development and implementation of the
19  school improvement plan pursuant to s. 230.23(16).
20  Developmental research schools shall comply with the
21  provisions of s. 229.58 in one of two ways:
22         (a)  Two advisory bodies.--Each developmental research
23  school may:
24         1.  Establish an advisory body pursuant to the
25  provisions and requirements of s. 229.58 to be responsible for
26  the development and implementation of the school improvement
27  plan, pursuant to s. 230.23(16).
28         2.  Establish an advisory board to provide general
29  oversight and guidance. The dean of the affiliated college of
30  education shall be a standing member of the board, and the
31  president of the university shall appoint three faculty
                                  62
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  members from the college of education, one layperson who
 2  resides in the county in which the school is located, and two
 3  parents or legal guardians of students who attend the
 4  developmental research school to serve on the advisory board.
 5  The term of each member shall be for 2 years, and any vacancy
 6  shall be filled with a person of the same classification as
 7  his or her predecessor for the balance of the unexpired term.
 8  The president shall stagger the terms of the initial
 9  appointees in a manner that results in the expiration of terms
10  of no more than two members in any year. The president shall
11  call the organizational meeting of the board. The board shall
12  annually elect a chair and a vice chair. There shall be no
13  limitation on successive appointments to the board or
14  successive terms that may be served by a chair or vice chair.
15  The board shall adopt internal organizational procedures or
16  bylaws necessary for efficient operation as provided in
17  chapter 120. Board members shall not receive per diem or
18  travel expenses for the performance of their duties.  The
19  board shall:
20         a.  Meet at least quarterly.
21         b.  Monitor the operations of the school and the
22  distribution of moneys allocated for such operations.
23         c.  Establish necessary policy, program, and
24  administration modifications.
25         d.  Evaluate biennially the performance of the director
26  and principal and recommend corresponding action to the dean
27  of the college of education.
28         e.  Annually review evaluations of the school's
29  operation and research findings.
30         (b)  One advisory body.--Each developmental research
31  school may establish an advisory body responsible for the
                                  63
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  development and implementation of the school improvement plan,
 2  pursuant to s. 230.23(16), in addition to general oversight
 3  and guidance responsibilities. The advisory body shall reflect
 4  the membership composition requirements established in s.
 5  229.58, but may also include membership by the dean of the
 6  college of education and additional members appointed by the
 7  president of the university that represent faculty members
 8  from the college of education, the university, or other bodies
 9  deemed appropriate for the mission of the school.
10         (12)  EXCEPTIONS TO LAW.--To encourage innovative
11  practices and facilitate the mission of the developmental
12  research schools, in addition to the exceptions to law
13  specified in s. 229.592(6), the following exceptions shall be
14  permitted for developmental research schools:
15         (a)  The methods and requirements of the following
16  statutes shall be held in abeyance:  ss. 230.01; 230.02;
17  230.03; 230.04; 230.05; 230.061; 230.08; 230.10; 230.105;
18  230.11; 230.12; 230.15; 230.16; 230.17; 230.173; 230.18;
19  230.19; 230.201; 230.202; 230.21; 230.22; 230.2215; 230.2318;
20  230.232; 230.24; 230.241; 230.26; 230.28; 230.30; 230.303;
21  230.31; 230.32; 230.321; 230.33; 230.35; 230.39; 230.63;
22  230.64; 230.643; 234.01; 234.021; 234.112; 236.25; 236.261;
23  236.29; 236.31; 236.32; 236.35; 236.36; 236.37; 236.38;
24  236.39; 236.40; 236.41; 236.42; 236.43; 236.44; 236.45;
25  236.46; 236.47; 236.48; 236.49; 236.50; 236.51; 236.52;
26  236.55; 236.56; 237.051; 237.071; 237.091; 237.201; 237.40;
27  and 316.75. With the exception of subsection (16) of s.
28  230.23, s. 230.23 shall be held in abeyance. Reference to
29  school boards in s. 230.23(16) shall mean the president of the
30  university or the president's designee.
31         (b)  The following statutes or related rules may be
                                  64
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  waived for any developmental research school so requesting,
 2  provided the general statutory purpose of each section is met
 3  and the developmental research school has submitted a written
 4  request to the Joint Developmental Research School Planning,
 5  Articulation, and Evaluation Committee for approval pursuant
 6  to this subsection:  ss. 229.555; 231.291; 232.2462; 232.36;
 7  233.34; 237.01; 237.02; 237.031; 237.041; 237.061; 237.081;
 8  237.111; 237.121; 237.131; 237.141; 237.151; 237.161; 237.162;
 9  237.171; 237.181; 237.211; and 237.34. Notwithstanding
10  reference to the responsibilities of the superintendent or
11  school board in chapter 237, developmental research schools
12  shall follow the policy intent of the chapter and shall, at
13  least, adhere to the general state agency accounting
14  procedures established in s. 11.46.
15         1.  Two or more developmental research schools may
16  jointly originate a request for waiver and submit the request
17  to the committee if such waiver is approved by the school
18  advisory council of each developmental research school
19  desiring the waiver.
20         2.  A developmental research school may submit a
21  request to the committee for a waiver if such request is
22  presented by a school advisory council established pursuant to
23  s. 229.58, if such waiver is required to implement a school
24  improvement plan required by s. 230.23(16), and if such
25  request is made using forms established pursuant to s.
26  229.592(6). The Joint Developmental Research School Planning,
27  Articulation, and Evaluation Committee shall monitor the
28  waiver activities of all developmental research schools and
29  shall report annually to the department and the Florida
30  Commission on Education Reform and Accountability, in
31  conjunction with the feedback report required pursuant to s.
                                  65
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  229.592(3), the number of waivers requested and submitted to
 2  the committee by developmental research schools, and the
 3  number of such waiver requests not approved. For each waiver
 4  request not approved, the committee shall report the statute
 5  or rule for which the waiver was requested, the rationale for
 6  the developmental research school request, and the reason the
 7  request was not approved.
 8         (c)  The written request for waiver of statute or rule
 9  shall indicate at least how the general statutory purpose will
10  be met, how granting the waiver will assist schools in
11  improving student outcomes related to the student performance
12  standards adopted pursuant to s. 229.592(5), and how student
13  improvement will be evaluated and reported. In considering any
14  waiver, the committee shall ensure protection of the health,
15  safety, welfare, and civil rights of the students and
16  protection of the public interest.
17         (d)  The procedure established in s. 229.592(6)(f)
18  shall be followed for any request for a waiver which is not
19  denied, or for which a request for additional information is
20  not issued. Notwithstanding the request provisions of s.
21  229.592(6), developmental research schools shall request all
22  waivers through the Joint Developmental Research School
23  Planning, Articulation, and Evaluation Committee, as
24  established in s. 228.054. The committee shall approve or
25  disapprove said requests pursuant to this subsection and s.
26  229.592(6); however, the Commissioner of Education shall have
27  standing to challenge any decision of the committee should it
28  adversely affect the health, safety, welfare, or civil rights
29  of the students or public interest. The department shall
30  immediately notify the committee and developmental research
31  school of the decision and provide a rationale therefor.
                                  66
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         Section 18.  Paragraph (e) of subsection (2) of section
 2  228.054, Florida Statutes, is amended to read:
 3         228.054  Joint Developmental Research School Planning,
 4  Articulation, and Evaluation Committee.--
 5         (2)  The committee shall have the duty and
 6  responsibility to:
 7         (e)  Provide assistance to schools in the waiver
 8  process established under s. 228.053(12), review and approve
 9  or disapprove waivers requested pursuant to ss. 228.053(12)
10  and 229.592(6), and annually review, identify, and report to
11  the Legislature additional barriers and statutes that hinder
12  the implementation of s. 228.053.
13         Section 19.  Subsection (3) of section 233.17, Florida
14  Statutes, is amended to read:
15         233.17  Term of adoption for instructional materials.--
16         (3)  The department shall publish annually an official
17  schedule of subject areas to be called for adoption for each
18  of the succeeding 2 years, and a tentative schedule for years
19  3, 4, 5, and 6. If extenuating circumstances warrant, the
20  Commissioner of Education may order the department to add one
21  or more subject areas to the official schedule, in which event
22  the commissioner shall develop criteria for such additional
23  subject area or areas pursuant to s. 229.512(18)(15) and make
24  them available to publishers as soon as practicable.
25  Notwithstanding the provisions of s. 229.512(18)(15), the
26  criteria for such additional subject area or areas may be
27  provided to publishers less than 24 months before the date on
28  which bids are due. The schedule shall be developed so as to
29  promote balance among the subject areas so that the required
30  expenditure for new instructional materials is approximately
31  the same each year in order to maintain curricular
                                  67
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  consistency.
 2         Section 20.  Subsection (6) of section 236.685, Florida
 3  Statutes, is amended to read:
 4         236.685  Educational funding accountability.--
 5         (6)  The annual school public accountability report
 6  required by ss. 229.592(5) and 230.23(16)(18) must include a
 7  school financial report. The purpose of the school financial
 8  report is to better inform parents and the public concerning
 9  how revenues were spent to operate the school during the prior
10  fiscal year. Each school's financial report must follow a
11  uniform, districtwide format that is easy to read and
12  understand.
13         (a)  Total revenue must be reported at the school,
14  district, and state levels. The revenue sources that must be
15  addressed are state and local funds, other than lottery funds;
16  lottery funds; federal funds; and private donations.
17         (b)  Expenditures must be reported as the total
18  expenditures per unweighted full-time equivalent student at
19  the school level and the average expenditures per full-time
20  equivalent student at the district and state levels in each of
21  the following categories and subcategories:
22         1.  Teachers, excluding substitute teachers, and
23  teacher aides who provide direct classroom instruction to
24  students enrolled in programs classified by s. 236.081 as:
25         a.  Basic programs;
26         b.  Students-at-risk programs;
27         c.  Special programs for exceptional students;
28         d.  Career education programs; and
29         e.  Adult programs.
30         2.  Substitute teachers.
31         3.  Other instructional personnel, including
                                  68
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  school-based instructional specialists and their assistants.
 2         4.  Contracted instructional services, including
 3  training for instructional staff and other contracted
 4  instructional services.
 5         5.  School administration, including school-based
 6  administrative personnel and school-based education support
 7  personnel.
 8         6.  The following materials, supplies, and operating
 9  capital outlay:
10         a.  Textbooks;
11         b.  Computer hardware and software;
12         c.  Other instructional materials;
13         d.  Other materials and supplies; and
14         e.  Library media materials.
15         7.  Food services.
16         8.  Other support services.
17         9.  Operation and maintenance of the school plant.
18         (c)  The school financial report must also identify the
19  types of district-level expenditures that support the school's
20  operations. The total amount of these district-level
21  expenditures must be reported and expressed as total
22  expenditures per full-time equivalent student.
23
24  As used in this subsection, the term "school" means a "school
25  center" as defined by s. 228.041.
26         Section 21.  Subsection (6) of section 20.15, Florida
27  Statutes, 1998 Supplement, is amended to read:
28         20.15  Department of Education.--There is created a
29  Department of Education.
30         (6)  COUNCILS AND COMMITTEES.--Notwithstanding anything
31  contained in law to the contrary, the Commissioner of
                                  69
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  Education shall appoint all members of all councils and
 2  committees of the Department of Education, except the Board of
 3  Regents, the State Board of Community Colleges, the community
 4  college district boards of trustees, the Postsecondary
 5  Education Planning Commission, the Education Practices
 6  Commission, the Education Standards Commission, the State
 7  Board of Independent Colleges and Universities, the Florida
 8  Commission on Education Reform and Accountability, and the
 9  State Board of Nonpublic Career Education.
10         Section 22.  Effective July 1, 1999, section 236.08104,
11  Florida Statutes, is created to read:
12         236.08104  Supplemental academic instruction;
13  categorical fund.--
14         (1)  There is created a categorical fund to provide
15  supplemental academic instruction to students in kindergarten
16  through grade 12.  This section may be cited as the
17  "Supplemental Academic Instruction Categorical Fund."
18         (2)  Categorical funds for supplemental academic
19  instruction shall be allocated annually to each school
20  district in the amount provided in the General Appropriations
21  Act.  These funds shall be in addition to the funds
22  appropriated on the basis of full-time equivalent student
23  (FTE) membership in the Florida Education Finance Program and
24  shall be included in the total potential funds of each
25  district.  These funds shall be used only to provide
26  supplemental academic instruction to students enrolled in the
27  K-12 program.  Supplemental instruction strategies may
28  include, but are not limited to:  modified curriculum, reading
29  instruction, after-school instruction, tutoring, mentoring,
30  class size reduction, extended school year, intensive skills
31  development in summer school, and other methods for improving
                                  70
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  student achievement. Supplemental instruction may be provided
 2  to a student in any manner and at any time during or beyond
 3  the regular 180-day term identified by the school as being the
 4  most effective and efficient way to best help that student
 5  progress from grade to grade and to graduate.
 6         (3)  Effective with the 1999-2000 fiscal year, funding
 7  on the basis of FTE membership beyond the 180-day regular term
 8  shall be provided in the FEFP only for students enrolled in
 9  juvenile justice education programs.  Funding for instruction
10  beyond the regular 180-day school year for all other K-12
11  students shall be provided through the supplemental academic
12  instruction categorical fund and other state, federal, and
13  local fund sources with ample flexibility for schools to
14  provide supplemental instruction to assist students in
15  progressing from grade to grade and graduating.
16         (4)  The Florida State University School, as a
17  developmental research school, is authorized to expend from
18  its FEFP or Lottery Enhancement Trust Fund allocation the cost
19  to the student of remediation in reading, writing, or
20  mathematics for any graduate who requires remediation at a
21  postsecondary institution.
22         (5)  Beginning in the 1999-2000 school year, dropout
23  prevention programs as defined in ss. 230.2316(3)(a), (b), and
24  (c), 230.23161, and 230.23166 shall be included in Group 1
25  programs under s. 236.081(1)(d)3.
26         (6)  Each school district receiving funds from the
27  Supplemental Academic Instruction Categorical Fund shall
28  submit to the Department of Education a plan which identifies
29  the students to be served and the scope of supplemental
30  academic instruction to be provided.  Districts shall also
31  submit information through the department's database
                                  71
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  documenting the district's progress in the areas of academic
 2  improvement, graduation rate, dropout rate, attendance rate,
 3  and retention/promotion rate. The department shall compile
 4  this information into an annual report which shall be
 5  submitted to the presiding officers of the Legislature by
 6  February 15.
 7         Section 23.  Effective July 1, 1999, paragraph (c) of
 8  subsection (2) of section 236.013, Florida Statutes, is
 9  amended to read:
10         236.013  Definitions.--Notwithstanding the provisions
11  of s. 228.041, the following terms are defined as follows for
12  the purposes of this act:
13         (2)  A "full-time equivalent student" in each program
14  of the district is defined in terms of full-time students and
15  part-time students as follows:
16         (c)1.  A "full-time equivalent student" is:
17         a.  A full-time student in any one of the programs
18  listed in s. 236.081(1)(c); or
19         b.  A combination of full-time or part-time students in
20  any one of the programs listed in s. 236.081(1)(c) which is
21  the equivalent of one full-time student based on the following
22  calculations:
23         (I)  A full-time student, except a postsecondary or
24  adult student or a senior high school student enrolled in
25  adult education when such courses are required for high school
26  graduation, in a combination of programs listed in s.
27  236.081(1)(c) shall be a fraction of a full-time equivalent
28  membership in each special program equal to the number of net
29  hours per school year for which he or she is a member, divided
30  by the appropriate number of hours set forth in subparagraph
31  (a)1. or subparagraph (a)2.; the difference between that
                                  72
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  fraction or sum of fractions and the maximum value as set
 2  forth in subsection (5) for each full-time student is presumed
 3  to be the balance of the student's time not spent in such
 4  special education programs and shall be recorded as time in
 5  the appropriate basic program.
 6         (II)  A student in the basic half-day kindergarten
 7  program of not less than 450 net hours shall earn one-half of
 8  a full-time equivalent membership.
 9         (III)  A half-day kindergarten student in a combination
10  of programs listed in s. 236.081(1)(c) is a fraction of a
11  full-time equivalent membership in each special program equal
12  to the number of net hours or major portion thereof per school
13  year for which he or she is a member divided by the number of
14  hours set forth in sub-sub-subparagraph (II); the difference
15  between that fraction and the number of hours set forth in
16  sub-sub-subparagraph (II) for each full-time student in
17  membership in a half-day kindergarten program is presumed to
18  be the balance of the student's time not spent in such special
19  education programs and shall be recorded as time in the
20  appropriate basic program.
21         (IV)  A part-time student, except a postsecondary or
22  adult student, is a fraction of a full-time equivalent
23  membership in each basic and special program equal to the
24  number of net hours or major fraction thereof per school year
25  for which he or she is a member, divided by the appropriate
26  number of hours set forth in subparagraph (a)1. or
27  subparagraph (a)2.
28         (V)  A postsecondary or adult student or a senior high
29  school student enrolled in adult education when such courses
30  are required for high school graduation is a portion of a
31  full-time equivalent membership in each special program equal
                                  73
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  to the net hours or major fraction thereof per fiscal year for
 2  which he or she is a member, divided by the appropriate number
 3  of hours set forth in subparagraph (a)1. or subparagraph (a)2.
 4         (VI)  A full-time student who is part of a program
 5  authorized by subparagraph (a)3. in a combination of programs
 6  listed in s. 236.081(1)(c) is a fraction of a full-time
 7  equivalent membership in each regular or special program equal
 8  to the number of net hours per school year for which he or she
 9  is a member, divided by the appropriate number of hours set
10  forth in subparagraph (a)1. or subparagraph (a)2.
11         (II)(VII)  A prekindergarten handicapped student shall
12  meet the requirements specified for kindergarten students.
13         2.  A student in membership in a program scheduled for
14  more or less than 180 school days is a fraction of a full-time
15  equivalent membership equal to the number of instructional
16  hours in membership divided by the appropriate number of hours
17  set forth in subparagraph (a)1.; however, for the purposes of
18  this subparagraph, membership in programs scheduled for more
19  than 180 days is limited to students enrolled in juvenile
20  justice education programs:
21         a.  Special programs for exceptional students;
22         b.  Special vocational-technical programs;
23         c.  Special adult general education programs;
24         d.  Dropout prevention programs as defined in s.
25  230.2316 for students in residential programs operated by the
26  Department of Children and Family Services; programs operated
27  by the Department of Juvenile Justice as defined in s.
28  230.23161 in which students receive educational services; or
29  teenage parent programs as defined in s. 230.23166 for
30  students who are in need of such additional instruction;
31         e.  Dropout prevention programs as defined in s.
                                  74
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  230.2316 in which students are placed for academic or
 2  disciplinary purposes or programs in English for speakers of
 3  other languages as defined in s. 233.058 for students who were
 4  in membership for all of the last 15 days of the 180-day term
 5  or a total of 30 days within the 180-day term and are in need
 6  of such additional instruction;
 7         f.  Other basic programs offered for promotion or
 8  credit instruction as defined by rules of the state board; and
 9         g.  Programs which modify the school year to
10  accommodate the needs of children who have moved with their
11  parents for the purpose of engaging in the farm labor or fish
12  industries, provided such programs are approved by the
13  commissioner.
14
15  The department shall determine and implement an equitable
16  method of equivalent funding for experimental schools and for
17  schools operating under emergency conditions, which schools
18  have been approved by the department under the provisions of
19  s. 228.041(13) to operate for less than the minimum school
20  day.
21         Section 24.  Subsection (7) of section 239.101, Florida
22  Statutes, is amended to read:
23         239.101  Legislative intent.--
24         (7)  The Legislature finds that career education is a
25  crucial component of the educational programs conducted within
26  school districts and community colleges. Accordingly, career
27  education must be represented in accountability processes
28  undertaken for educational institutions. It is the intent of
29  the Legislature that the vocational standards articulated in
30  s. 239.229(2) be considered in the development of
31  accountability measures for public schools pursuant to ss.
                                  75
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  229.591, 229.592, 229.593, 229.594, and 230.23(16) and for
 2  community colleges pursuant to s. 240.324.
 3         Section 25.  Subsection (1) of section 239.229, Florida
 4  Statutes, 1998 Supplement, is amended to read:
 5         239.229  Vocational standards.--
 6         (1)  The purpose of career education is to enable
 7  students who complete vocational programs to attain and
 8  sustain employment and realize economic self-sufficiency.  The
 9  purpose of this section is to identify issues related to
10  career education for which school boards and community college
11  boards of trustees are accountable. It is the intent of the
12  Legislature that the standards articulated in subsection (2)
13  be considered in the development of accountability standards
14  for public schools pursuant to ss. 229.591, 229.592, 229.593,
15  229.594, and 230.23(16) and for community colleges pursuant to
16  s. 240.324.
17         Section 26.  Paragraphs (b), (c), and (d) of subsection
18  (5) of section 24.121, Florida Statutes, 1998 Supplement, are
19  reenacted and amended to read:
20         24.121  Allocation of revenues and expenditure of funds
21  for public education.--
22         (5)
23         (b)  Except as provided in paragraphs (c), (d), and
24  (e), the Legislature shall equitably apportion moneys in the
25  trust fund among public schools, community colleges, and
26  universities.
27         (c)  A portion of such net revenues, as determined
28  annually by the Legislature, shall be distributed to each
29  school district and shall be made available to each public
30  school in the district for enhancing school performance
31  through development and implementation of a school improvement
                                  76
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  plan pursuant to s. 230.23(16). A portion of these moneys, as
 2  determined annually in the General Appropriations Act, must be
 3  allocated to each school in an equal amount for each student
 4  enrolled.  These moneys may be expended only on programs or
 5  projects selected by the school advisory council or by a
 6  parent advisory committee created pursuant to this paragraph.
 7  If a school does not have a school advisory council, the
 8  district advisory council must appoint a parent advisory
 9  committee composed of parents of students enrolled in that
10  school, which committee is representative of the ethnic,
11  racial, and economic community served by the school, to advise
12  the school's principal on the programs or projects to be
13  funded.  A principal may not override the recommendations of
14  the school advisory council or the parent advisory committee.
15  These moneys may not be used for capital improvements, nor may
16  they be used for any project or program that has a duration of
17  more than 1 year; however, a school advisory council or parent
18  advisory committee may independently determine that a program
19  or project formerly funded under this paragraph should receive
20  funds in a subsequent year.
21         (d)  No funds shall be released for any purpose from
22  the Educational Enhancement Trust Fund to any school district
23  in which one or more schools do not have an approved school
24  improvement plan pursuant to s. 230.23(16) or do not comply
25  with school advisory council membership composition
26  requirements pursuant to s. 229.58(1). Effective July 1, 2002,
27  the Commissioner of Education shall withhold disbursements
28  from the trust fund to any school district that fails to adopt
29  the performance-based salary schedule required by s.
30  230.23(5).
31         Section 27.  Paragraphs (b), (c), and (d) of subsection
                                  77
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  (6) of section 228.0565, Florida Statutes, 1998 Supplement,
 2  are amended to read:
 3         228.0565  Deregulated public schools.--
 4         (6)  ELEMENTS OF THE PROPOSAL.--The major issues
 5  involving the operation of a deregulated public school shall
 6  be considered in advance and written into the proposal.
 7         (b)  The school shall make annual progress reports to
 8  the district, which upon verification shall be forwarded to
 9  the Commissioner of Education at the same time as other annual
10  school accountability reports.  The report shall contain at
11  least the following information:
12         1.  The school's progress towards achieving the goals
13  outlined in its proposal.
14         2.  The information required in the annual school
15  report pursuant to s. 229.592.
16         3.  Financial records of the school, including revenues
17  and expenditures.
18         4.  Salary and benefit levels of school employees.
19         (c)  A school district shall ensure that the proposal
20  is innovative and consistent with the state education goals
21  established by s. 229.591.
22         (d)  Upon receipt of the annual report required by
23  paragraph (b), the Department of Education shall provide to
24  the State Board of Education, the Commissioner of Education,
25  the President of the Senate, and the Speaker of the House of
26  Representatives with a copy of each report and an analysis and
27  comparison of the overall performance of students, to include
28  all students in deregulated public schools whose scores are
29  counted as part of the statewide norm-referenced assessment
30  tests, versus comparable public school students in the
31  district as determined by FCAT and district norm-referenced
                                  78
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  assessment tests currently administered in the school
 2  district, and, as appropriate, the Florida Writes Assessment
 3  Test, the High School Competency Test, and other assessments
 4  administered pursuant to s. 229.57(3).
 5         Section 28.  For the purpose of incorporating the
 6  amendments made by this act to section 229.57, Florida
 7  Statutes, 1998 Supplement, and 232.245, Florida Statutes, in
 8  references thereto, paragraph (b) of subsection (1) of section
 9  120.81, Florida Statutes, is reenacted to read:
10         120.81  Exceptions and special requirements; general
11  areas.--
12         (1)  EDUCATIONAL UNITS.--
13         (b)  Notwithstanding s. 120.52(15), any tests, test
14  scoring criteria, or testing procedures relating to student
15  assessment which are developed or administered by the
16  Department of Education pursuant to s. 229.57, s. 232.245, s.
17  232.246, or s. 232.247, or any other statewide educational
18  tests required by law, are not rules.
19         Section 29.  For the purpose of incorporating the
20  amendments made by this act to section 229.57, Florida
21  Statutes, 1998 Supplement, in references thereto, subsection
22  (1) of section 228.301, Florida Statutes, is reenacted to
23  read:
24         228.301  Test security.--
25         (1)  It is unlawful for anyone knowingly and willfully
26  to violate test security rules adopted by the State Board of
27  Education or the Commissioner of Education for mandatory tests
28  administered by or through the State Board of Education or the
29  Commissioner of Education to students, educators, or
30  applicants for certification or administered by school
31  districts pursuant to s. 229.57, or, with respect to any such
                                  79
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  test, knowingly and willfully to:
 2         (a)  Give examinees access to test questions prior to
 3  testing;
 4         (b)  Copy, reproduce, or use in any manner inconsistent
 5  with test security rules all or any portion of any secure test
 6  booklet;
 7         (c)  Coach examinees during testing or alter or
 8  interfere with examinees' responses in any way;
 9         (d)  Make answer keys available to examinees;
10         (e)  Fail to follow security rules for distribution and
11  return of secure test as directed, or fail to account for all
12  secure test materials before, during, and after testing;
13         (f)  Fail to follow test administration directions
14  specified in the test administration manuals; or
15         (g)  Participate in, direct, aid, counsel, assist in,
16  or encourage any of the acts prohibited in this section.
17         Section 30.  For the purpose of incorporating the
18  amendments made by this act to sections 229.555, 229.565, and
19  229.57, Florida Statutes, in references thereto, subsections
20  (1) and (3) of section 229.551, Florida Statutes, 1998
21  Supplement, are reenacted to read:
22         229.551  Educational management.--
23         (1)  The department is directed to identify all
24  functions which under the provisions of this act contribute
25  to, or comprise a part of, the state system of educational
26  accountability and to establish within the department the
27  necessary organizational structure, policies, and procedures
28  for effectively coordinating such functions.  Such policies
29  and procedures shall clearly fix and delineate
30  responsibilities for various aspects of the system and for
31  overall coordination of the total system.  The commissioner
                                  80
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  shall perform the following duties and functions:
 2         (a)  Coordination of department plans for meeting
 3  educational needs and for improving the quality of education
 4  provided by the state system of public education;
 5         (b)  Coordination of management information system
 6  development for all levels of education and for all divisions
 7  of the department, to include the development and utilization
 8  of cooperative education computing networks for the state
 9  system of public education;
10         (c)  Development of database definitions and all other
11  items necessary for full implementation of a comprehensive
12  management information system as required by s. 229.555;
13         (d)  Coordination of all planning functions for all
14  levels and divisions within the department;
15         (e)  Coordination of all cost accounting and cost
16  reporting activities for all levels of education, including
17  public schools, vocational programs, community colleges, and
18  institutions in the State University System;
19         (f)  Development and coordination of a common course
20  designation and numbering system for postsecondary education
21  in school districts, community colleges, participating
22  nonpublic postsecondary education institutions, and the State
23  University System which will improve program planning,
24  increase communication among all postsecondary delivery
25  systems, and facilitate the transfer of students.  The system
26  shall not encourage or require course content prescription or
27  standardization or uniform course testing, and the continuing
28  maintenance of the system shall be accomplished by appropriate
29  faculty committees representing public and participating
30  nonpublic institutions. The Articulation Coordinating
31  Committee, whose membership represents public and nonpublic
                                  81
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  postsecondary institutions, shall:
 2         1.  Identify the highest demand degree programs within
 3  the State University System.
 4         2.  Conduct a study of courses offered by universities
 5  and accepted for credit toward a degree.  The study shall
 6  identify courses designated as either general education or
 7  required as a prerequisite for a degree.  The study shall also
 8  identify these courses as upper-division level or
 9  lower-division level.
10         3.  Appoint faculty committees representing both
11  community college and university faculties to recommend a
12  single level for each course included in the common course
13  numbering and designation system.  Any course designated as an
14  upper-division level course must be characterized by a need
15  for advanced academic preparation and skills that a student
16  would be unlikely to achieve without significant prior
17  coursework. A course that is offered as part of an associate
18  in science degree program and as an upper-division course for
19  a baccalaureate degree shall be designated for both the lower
20  and upper division. Of the courses required for each
21  baccalaureate degree, at least half of the credit hours
22  required for the degree shall be achievable through courses
23  designated as lower-division courses, except in degree
24  programs approved by the Board of Regents pursuant to s.
25  240.209(5)(e).  A course designated as lower-division may be
26  offered by any community college. The Articulation
27  Coordinating Committee shall recommend to the State Board of
28  Education the levels for the courses.  The common course
29  numbering and designation system shall include the courses at
30  the recommended levels, and, by fall semester of 1996, the
31  registration process at each state university and community
                                  82
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  college shall include the courses at their designated levels
 2  and common course numbers.
 3         4.  Appoint faculty committees representing both
 4  community college and university faculties to recommend those
 5  courses identified to meet general education requirements
 6  within the subject areas of communication, mathematics, social
 7  sciences, humanities, and natural sciences.  The Articulation
 8  Coordinating Committee shall recommend to the State Board of
 9  Education those courses identified to meet these general
10  education requirements by their common course code number. All
11  community colleges and state universities shall accept these
12  general education courses.
13         5.  Appoint faculty committees representing both
14  community colleges and universities to recommend common
15  prerequisite courses and identify course substitutions when
16  common prerequisites cannot be established for degree programs
17  across all institutions. Faculty work groups shall adopt a
18  strategy for addressing significant differences in
19  prerequisites, including course substitutions.  The Board of
20  Regents shall be notified by the Articulation Coordinating
21  Committee when significant differences remain.  Common degree
22  program prerequisites shall be offered and accepted by all
23  state universities and community colleges, except in cases
24  approved by the Board of Regents pursuant to s. 240.209(5)(f).
25  The Board of Regents shall work with the State Board of
26  Community Colleges on the development of a centralized
27  database containing the list of courses and course
28  substitutions that meet the prerequisite requirements for each
29  baccalaureate degree program;
30         (g)  Expansion and ongoing maintenance of the common
31  course designation and numbering system to include the
                                  83
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  numbering and designation of postsecondary vocational courses
 2  and facilitate the transfer of credits between public schools,
 3  community colleges, and state universities.  The Articulation
 4  Coordinating Committee shall:
 5         1.  Adopt guidelines for the participation of public
 6  school districts and community colleges in offering courses
 7  that may be transferred to a certificate, diploma, or degree
 8  program.  These guidelines shall establish standards
 9  addressing faculty qualifications, admissions, program
10  curricula, participation in the common course designation and
11  numbering system, and other issues identified by the Task
12  Force on Workforce Development and the Commissioner of
13  Education.  Guidelines should also address the role of
14  accreditation in the designation of courses as transferable
15  credit. Such guidelines must not jeopardize the accreditation
16  status of educational institutions and must be based on data
17  related to the history of credit transfer among institutions
18  in this state and others.
19         2.  Identify postsecondary vocational programs offered
20  by community colleges and public school districts.  The list
21  shall also identify vocational courses designated as college
22  credit courses applicable toward a vocational diploma or
23  degree.  Such courses must be identified within the common
24  course numbering and designation system.
25         3.  Appoint faculty committees representing both
26  community college and public school faculties to recommend a
27  standard program length and appropriate occupational
28  completion points for each postsecondary vocational
29  certificate program, diploma, and degree; and
30         (h)  Development of common definitions necessary for
31  managing a uniform coordinated system of career education for
                                  84
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  all levels of the state system of public education.
 2         (3)  As a part of the system of educational
 3  accountability, the department shall:
 4         (a)  Develop minimum performance standards for various
 5  grades and subject areas, as required in ss. 229.565 and
 6  229.57.
 7         (b)  Administer the statewide assessment testing
 8  program created by s. 229.57.
 9         (c)  Develop and administer an educational evaluation
10  program, including the provisions of the Plan for Educational
11  Assessment developed pursuant to s. 9, chapter 70-399, Laws of
12  Florida, and adopted by the State Board of Education.
13         (d)  Review the school advisory councils of each
14  district as required by s. 229.58.
15         (e)  Conduct the program evaluations required by s.
16  229.565.
17         (f)  Maintain a listing of college-level communication
18  and computation skills defined by the Articulation
19  Coordinating Committee as being associated with successful
20  student performance through the baccalaureate level and submit
21  the same to the State Board of Education for approval.
22         (g)  Maintain a listing of tests and other assessment
23  procedures which measure and diagnose student achievement of
24  college-level communication and computation skills and submit
25  the same to the State Board of Education for approval.
26         (h)  Maintain for the information of the State Board of
27  Education and the Legislature a file of data compiled by the
28  Articulation Coordinating Committee to reflect achievement of
29  college-level communication and computation competencies by
30  students in state universities and community colleges.
31         (i)  Develop or contract for, and submit to the State
                                  85
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  Board of Education for approval, tests which measure and
 2  diagnose student achievement of college-level communication
 3  and computation skills.  Any tests and related documents
 4  developed are exempt from the provisions of s. 119.07(1).  The
 5  commissioner shall maintain statewide responsibility for the
 6  administration of such tests and may assign administrative
 7  responsibilities for the tests to any public university or
 8  community college.  The state board, upon recommendation of
 9  the commissioner, is authorized to enter into contracts for
10  such services beginning in one fiscal year and continuing into
11  the next year which are paid from the appropriation for either
12  or both fiscal years.
13         (j)  Perform any other functions that may be involved
14  in educational planning, research, and evaluation or that may
15  be required by the commissioner, the State Board of Education,
16  or law.
17         Section 31.  For the purpose of incorporating the
18  amendments made by this act to section 230.23, Florida
19  Statutes, 1998 Supplement, in references thereto, subsection
20  (4) of section 230.03, Florida Statutes, is reenacted to read:
21         230.03  Management, control, operation, administration,
22  and supervision.--The district school system must be managed,
23  controlled, operated, administered, and supervised as follows:
24         (4)  PRINCIPAL OR HEAD OF SCHOOL.--Responsibility for
25  the administration of any school or schools at a given school
26  center, for the supervision of instruction therein, and for
27  providing leadership in the development or revision and
28  implementation of a school improvement plan required pursuant
29  to s. 230.23(16) shall be delegated to the principal or head
30  of the school or schools as hereinafter set forth and in
31  accordance with rules established by the school board.
                                  86
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         Section 32.  For the purpose of incorporating the
 2  amendments made by this act to sections 229.591 and 229.592,
 3  Florida Statutes, 1998 Supplement, in references thereto,
 4  paragraph (a) of subsection (3) of section 231.24, Florida
 5  Statutes, 1998 Supplement, is reenacted to read:
 6         231.24  Process for renewal of professional
 7  certificates.--
 8         (3)  For the renewal of a professional certificate, the
 9  following requirements must be met:
10         (a)  The applicant must earn a minimum of 6 college
11  credits or 120 inservice points or a combination thereof. For
12  each area of specialization to be retained on a certificate,
13  the applicant must earn at least 3 of the required credit
14  hours or equivalent inservice points in the specialization
15  area. Education in "clinical educator" training pursuant to s.
16  240.529(5)(b) and credits or points that provide training in
17  the area of exceptional student education, normal child
18  development, and the disorders of development may be applied
19  toward any specialization area. Credits or points that provide
20  training in the areas of drug abuse, child abuse and neglect,
21  strategies in teaching students having limited proficiency in
22  English, or dropout prevention, or training in areas
23  identified in the educational goals and performance standards
24  adopted pursuant to ss. 229.591(3) and 229.592 may be applied
25  toward any specialization area. Credits or points earned
26  through approved summer institutes may be applied toward the
27  fulfillment of these requirements. Inservice points may also
28  be earned by participation in professional growth components
29  approved by the State Board of Education and specified
30  pursuant to s. 236.0811 in the district's approved master plan
31  for inservice educational training, including, but not limited
                                  87
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  to, serving as a trainer in an approved teacher training
 2  activity, serving on an instructional materials committee or a
 3  state board or commission that deals with educational issues,
 4  or serving on an advisory council created pursuant to s.
 5  229.58.
 6         Section 33.  For the purpose of incorporating the
 7  amendments made by this act to section 231.29, Florida
 8  Statutes, 1998 Supplement, in references thereto, paragraphs
 9  (e) and (f) of subsection (3) of section 231.36, Florida
10  Statutes, are reenacted to read:
11         231.36  Contracts with instructional staff,
12  supervisors, and principals.--
13         (3)
14         (e)  A professional service contract shall be renewed
15  each year unless the superintendent, after receiving the
16  recommendations required by s. 231.29, charges the employee
17  with unsatisfactory performance and notifies the employee of
18  performance deficiencies as required by s. 231.29. An employee
19  who holds a professional service contract on July 1, 1997, is
20  subject to the procedures set forth in paragraph (f) during
21  the term of the existing professional service contract. The
22  employee is subject to the procedures set forth in s.
23  231.29(3)(d) upon the next renewal of the professional service
24  contract; however, if the employee is notified of performance
25  deficiencies before the next contract renewal date, the
26  procedures of s. 231.29(3)(d) do not apply until the
27  procedures set forth in paragraph (f) have been exhausted and
28  the professional service contract is subsequently renewed.
29         (f)  The superintendent shall notify an employee who
30  holds a professional service contract on July 1, 1997, in
31  writing, no later than 6 weeks prior to the end of the
                                  88
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  postschool conference period, of performance deficiencies
 2  which may result in termination of employment, if not
 3  corrected during the subsequent year of employment (which
 4  shall be granted for an additional year in accordance with the
 5  provisions in subsection (1)). Except as otherwise hereinafter
 6  provided, this action shall not be subject to the provisions
 7  of chapter 120, but the following procedures shall apply:
 8         1.  On receiving notice of unsatisfactory performance,
 9  the employee, on request, shall be accorded an opportunity to
10  meet with the superintendent or the superintendent's designee
11  for an informal review of the determination of unsatisfactory
12  performance.
13         2.  An employee notified of unsatisfactory performance
14  may request an opportunity to be considered for a transfer to
15  another appropriate position, with a different supervising
16  administrator, for the subsequent year of employment.
17         3.  During the subsequent year, the employee shall be
18  provided assistance and inservice training opportunities to
19  help correct the noted performance deficiencies.  The employee
20  shall also be evaluated periodically so that he or she will be
21  kept apprised of progress achieved.
22         4.  Not later than 6 weeks prior to the close of the
23  postschool conference period of the subsequent year, the
24  superintendent, after receiving and reviewing the
25  recommendation required by s. 231.29, shall notify the
26  employee, in writing, whether the performance deficiencies
27  have been corrected.  If so, a new professional service
28  contract shall be issued to the employee.  If the performance
29  deficiencies have not been corrected, the superintendent may
30  notify the school board and the employee, in writing, that the
31  employee shall not be issued a new professional service
                                  89
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  contract; however, if the recommendation of the superintendent
 2  is not to issue a new professional service contract, and if
 3  the employee wishes to contest such recommendation, the
 4  employee will have 15 days from receipt of the
 5  superintendent's recommendation to demand, in writing, a
 6  hearing. In such hearing, the employee may raise as an issue,
 7  among other things, the sufficiency of the superintendent's
 8  charges of unsatisfactory performance.  Such hearing shall be
 9  conducted at the school board's election in accordance with
10  one of the following procedures:
11         a.  A direct hearing conducted by the school board
12  within 60 days of receipt of the written appeal. The hearing
13  shall be conducted in accordance with the provisions of ss.
14  120.569 and 120.57. A majority vote of the membership of the
15  school board shall be required to sustain the superintendent's
16  recommendation.  The determination of the school board shall
17  be final as to the sufficiency or insufficiency of the grounds
18  for termination of employment; or
19         b.  A hearing conducted by an administrative law judge
20  assigned by the Division of Administrative Hearings of the
21  Department of Management Services. The hearing shall be
22  conducted within 60 days of receipt of the written appeal in
23  accordance with chapter 120. The recommendation of the
24  administrative law judge shall be made to the school board.  A
25  majority vote of the membership of the school board shall be
26  required to sustain or change the administrative law judge's
27  recommendation. The determination of the school board shall be
28  final as to the sufficiency or insufficiency of the grounds
29  for termination of employment.
30         Section 34.  For the purpose of incorporating the
31  amendments made by this act to section 232.245, Florida
                                  90
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  Statutes, in references thereto, subsection (1) of section
 2  232.2454, Florida Statutes, is reenacted to read:
 3         232.2454  District student performance standards,
 4  instruments, and assessment procedures.--
 5         (1)  School districts are required to obtain or develop
 6  and implement assessments of student achievement as necessary
 7  to accurately measure student progress and to report this
 8  progress to parents or legal guardians according to s.
 9  232.245. Each school district shall implement the assessment
10  program pursuant to the procedures it adopts.
11         Section 35.  For the purpose of incorporating the
12  amendments made by this act to section 232.245, Florida
13  Statutes, in references thereto, paragraphs (a) and (b) of
14  subsection (5) of section 232.246, Florida Statutes, 1998
15  Supplement, are reenacted and amended to read:
16         232.246  General requirements for high school
17  graduation.--
18         (5)  Each district school board shall establish
19  standards for graduation from its schools, and these standards
20  must include:
21         (a)  Earning passing scores on the high school
22  competency test or FCAT, as defined in s. 229.57(3)(c).
23         (b)  Completion of all other applicable requirements
24  prescribed by the district school board pursuant to s.
25  232.245.
26         Section 36.  For the purpose of incorporating the
27  amendments made by this act to section 229.57, Florida
28  Statutes, 1998 Supplement, and 232.245, Florida Statutes, in
29  references thereto, section 232.248, Florida Statutes, is
30  reenacted to read:
31         232.248  Confidentiality of assessment
                                  91
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  instruments.--All examination and assessment instruments,
 2  including developmental materials and workpapers directly
 3  related thereto, which are prepared, prescribed, or
 4  administered pursuant to ss. 229.57, 232.245, 232.246, and
 5  232.247 shall be confidential and exempt from the provisions
 6  of s. 119.07(1) and from ss. 229.781 and 230.331.  Provisions
 7  governing access, maintenance, and destruction of such
 8  instruments and related materials shall be prescribed by rules
 9  of the state board.
10         Section 37.  For the purpose of incorporating the
11  amendments made by this act to section 232.245, Florida
12  Statutes, in references thereto, subsection (1) of section
13  232.2481, Florida Statutes, is reenacted to read:
14         232.2481  Graduation and promotion requirements for
15  publicly operated schools.--
16         (1)  Each state or local public agency, including the
17  Department of Health and Rehabilitative Services, the
18  Department of Corrections, the Board of Regents, boards of
19  trustees of community colleges, and the Board of Trustees of
20  the Florida School for the Deaf and the Blind, which agency is
21  authorized to operate educational programs for students at any
22  level of grades kindergarten through 12 shall be subject to
23  all applicable requirements of ss. 232.245, 232.246, 232.247,
24  and 232.248.  Within the content of these cited statutes each
25  such state or local public agency shall be considered a
26  "district school board."
27         Section 38.  For the purpose of incorporating the
28  amendments made by this act to section 229.565, Florida
29  Statutes, in references thereto, subsection (4) of section
30  233.09, Florida Statutes, is reenacted to read:
31         233.09  Duties of each state instructional materials
                                  92
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  committee.--The duties of each state instructional materials
 2  committee shall be:
 3         (4)  EVALUATION OF INSTRUCTIONAL MATERIALS.--To
 4  evaluate carefully all instructional materials submitted, to
 5  ascertain which instructional materials, if any, submitted for
 6  consideration best implement the selection criteria developed
 7  by the Commissioner of Education and those curricular
 8  objectives included within applicable performance standards
 9  provided for in s. 229.565.
10         (a)  When recommending instructional materials for use
11  in the schools, each committee shall include only
12  instructional materials that accurately portray the ethnic,
13  socioeconomic, cultural, and racial diversity of our society,
14  including men and women in professional, vocational, and
15  executive roles, and the role and contributions of the
16  entrepreneur and labor in the total development of this state
17  and the United States.
18         (b)  When recommending instructional materials for use
19  in the schools, each committee shall include only materials
20  which accurately portray, whenever appropriate, humankind's
21  place in ecological systems, including the necessity for the
22  protection of our environment and conservation of our natural
23  resources and the effects on the human system of the use of
24  tobacco, alcohol, controlled substances, and other dangerous
25  substances.
26         (c)  When recommending instructional materials for use
27  in the schools, each committee shall require such materials as
28  it deems necessary and proper to encourage thrift, fire
29  prevention, and humane treatment of people and animals.
30         (d)  When recommending instructional materials for use
31  in the schools, each committee shall require, when appropriate
                                  93
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  to the comprehension of pupils, that materials for social
 2  science, history, or civics classes contain the Declaration of
 3  Independence and the Constitution of the United States.  No
 4  instructional materials shall be recommended by any committee
 5  for use in the schools which contain any matter reflecting
 6  unfairly upon persons because of their race, color, creed,
 7  national origin, ancestry, gender, or occupation.
 8         (e)  All instructional materials recommended by each
 9  committee for use in the schools shall be, to the satisfaction
10  of each committee, accurate, objective, and current and suited
11  to the needs and comprehension of pupils at their respective
12  grade levels. Instructional materials committees shall
13  consider for adoption materials developed for academically
14  talented students such as those enrolled in advanced placement
15  courses.
16         (f)  When recommending instructional materials for use
17  in the schools, each committee shall have the recommendations
18  of all districts which submit evaluations on the materials
19  submitted for adoption in that particular subject area
20  aggregated and presented to the members to aid them in the
21  selection process; however, such aggregation shall be weighted
22  in accordance with the full-time equivalent student percentage
23  of each district. Each committee shall prepare an additional
24  aggregation, unweighted, with each district recommendation
25  given equal consideration.  No instructional materials shall
26  be evaluated or recommended for adoption unless each of the
27  district committees shall have been loaned the specified
28  number of samples.
29         (g)  In addition to relying on statements of publishers
30  or manufacturers of instructional material, any committee may
31  conduct, or cause to be conducted, an independent
                                  94
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  investigation as to the compliance of submitted materials with
 2  the requirements of this section.
 3         Section 39.  For the purpose of incorporating the
 4  amendments made by this act to section 229.565, Florida
 5  Statutes, in references thereto, paragraph (b) of subsection
 6  (1) of section 233.165, Florida Statutes, is reenacted to
 7  read:
 8         233.165  Standards for selection.--
 9         (1)  In the selection of instructional materials,
10  library books, and other reading material used in the public
11  school system, the standards used to determine the propriety
12  of the material shall include:
13         (b)  The educational purpose to be served by the
14  material. In considering instructional materials for classroom
15  use, priority shall be given to the selection of materials
16  which encompass the state and district performance standards
17  provided for in ss. 229.565 and 232.2454 and which include the
18  instructional objectives contained within the curriculum
19  frameworks approved by the State Board of Education, to the
20  extent that appropriate curriculum frameworks have been
21  approved by the board.
22         Section 40.  For the purpose of incorporating the
23  amendments made by this act to section 229.565, Florida
24  Statutes, in references thereto, paragraph (b) of subsection
25  (3) of section 233.25, Florida Statutes, is reenacted to read:
26         233.25  Duties, responsibilities, and requirements of
27  publishers and manufacturers of instructional
28  materials.--Publishers and manufacturers of instructional
29  materials, or their representatives, shall:
30         (3)  Submit, at a time designated in s. 233.14, the
31  following information:
                                  95
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         (b)  Written proof that the publisher has provided
 2  written correlations to appropriate curricular objectives
 3  included within applicable performance standards provided for
 4  in s. 229.565.
 5         Section 41.  For the purpose of incorporating the
 6  amendments made by this act to section 230.23, Florida
 7  Statutes, 1998 Supplement, in references thereto, subsection
 8  (3) of section 239.229, Florida Statutes, 1998 Supplement, is
 9  reenacted to read:
10         239.229  Vocational standards.--
11         (3)  Each area technical center operated by a school
12  board shall establish a center advisory council pursuant to s.
13  229.58.  The center advisory council shall assist in the
14  preparation and evaluation of center improvement plans
15  required pursuant to s. 230.23(16) and may provide assistance,
16  upon the request of the center director, in the preparation of
17  the center's annual budget and plan as required by s.
18  229.555(1).
19         Section 42.  For the purpose of incorporating the
20  amendments made by this act to section 229.592, Florida
21  Statutes, 1998 Supplement, in references thereto, subsection
22  (4) of section 240.118, Florida Statutes, is reenacted to
23  read:
24         240.118  Postsecondary feedback of information to high
25  schools.--
26         (4)  As a part of the school improvement plan pursuant
27  to s. 229.592, the State Board of Education shall ensure that
28  each school district and high school develops strategies to
29  improve student readiness for the public postsecondary level
30  based on annual analysis of the feedback report data.
31         Section 43.  Subsections (29), (40), and (42) of
                                  96
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  section 228.041, Florida Statutes, 1998 Supplement, are
 2  amended to read:
 3         228.041  Definitions.--Specific definitions shall be as
 4  follows, and wherever such defined words or terms are used in
 5  the Florida School Code, they shall be used as follows:
 6         (29)  DROPOUT.--A dropout is a student not subject to
 7  compulsory school attendance, as defined in s. 232.01, who
 8  meets any one or more of the following criteria:
 9         (a)  The student has voluntarily removed himself or
10  herself from the school system before graduation for reasons
11  that include, but are not limited to, marriage, or the student
12  has withdrawn from school because he or she has failed the
13  statewide student assessment test and thereby does not receive
14  any of the certificates of completion;
15         (b)  The student has not met the relevant attendance
16  requirements of the school district pursuant to State Board of
17  Education rules, or the student was expected to attend a
18  school but did not enter as expected for unknown reasons, or
19  the student's whereabouts are unknown;
20         (c)  The student has withdrawn from school, but has not
21  transferred to another public or private school or enrolled in
22  any vocational, adult, home education, or alternative
23  educational program;
24         (d)  The student has withdrawn from school due to
25  hardship, unless such withdrawal has been granted under the
26  provisions of s. 322.091, court action, expulsion, medical
27  reasons, or pregnancy; or
28         (e)  The student is not eligible to attend school
29  because of reaching the maximum age for an exceptional student
30  program in accordance with the district's policy.
31
                                  97
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  Students not exempt from attendance pursuant to s. 232.06 and
 2  who are subject to compulsory school attendance under s.
 3  232.01 and who stop attending school are habitual truants as
 4  defined in subsection (28) and are not considered dropouts.
 5  The State Board of Education may adopt rules to implement the
 6  provisions of this subsection.
 7         (40)  GRADUATION RATE.--The term "graduation rate"
 8  means the percentage of students who graduate from high school
 9  within 4 years after entering 9th grade for the first time,
10  not counting students who transfer out of the student
11  population to enroll in another school system; students who
12  withdraw to enroll in a private school, a home education
13  program, or an adult education program; or deceased students.
14  Incoming transfer students, at the time of their enrollment,
15  are included in the count of the class with which they are
16  scheduled to graduate. For this rate calculation, students are
17  counted as graduates upon receiving a standard high school
18  diploma, as provided in s. 232.246, or a special diploma, as
19  provided in s. 232.247. Also counted as graduates are
20  calculated by dividing the number of entering 9th graders into
21  the number of students who receive, 4 years later, a high
22  school diploma, a special diploma, or a certificate of
23  completion, as provided for in s. 232.246, or who receive a
24  special certificate of completion, as provided in s. 232.247,
25  and students 19 years of age or younger who receive a general
26  equivalency diploma, as provided in s. 229.814. The number of
27  9th grade students used in the calculation of a graduation
28  rate for this state shall be students enrolling in the grade
29  for the first time. In conjunction with calculating the
30  graduation rate for this state, the Department of Education
31  shall conduct a study to evaluate the impact of the rate of
                                  98
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  students who withdraw from high school to attend adult
 2  education programs and the students in exceptional student
 3  education programs. The department shall report its findings
 4  to the Legislature by February 1, 2000. The Department of
 5  Education may calculate a 5-year graduation rate using the
 6  same methodology described in this section.
 7         (42)  DROPOUT RATE.--The term "high school dropout
 8  rate" means the annual percentage calculated by dividing the
 9  number of students in grades 9 through 12 who are classified
10  as dropouts, pursuant to subsection (29), by the total number
11  of students in grades 9-12 in attendance at any time during
12  the school year over the age of compulsory school attendance,
13  pursuant to s. 232.01, at the time of the fall membership
14  count, into the number of students who withdraw from school
15  during a given school year and who are classified as dropouts
16  pursuant to subsection (29). The Department of Education shall
17  report the number of students initially classified as students
18  who transfer to an adult education program but who do not
19  enroll in an adult education program.
20         Section 44.  Paragraph (f) of subsection (9) of section
21  228.056, Florida Statutes, 1998 Supplement, is amended to
22  read:
23         228.056  Charter schools.--
24         (9)  CHARTER.--The major issues involving the operation
25  of a charter school shall be considered in advance and written
26  into the charter. The charter shall be signed by the governing
27  body of the charter school and the sponsor, following a public
28  hearing to ensure community input.
29         (f)  Upon receipt of the annual report required by
30  paragraph (d), the Department of Education shall provide to
31  the State Board of Education, the Commissioner of Education,
                                  99
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  the President of the Senate, and the Speaker of the House of
 2  Representatives an analysis and comparison of the overall
 3  performance of charter school students, to include all
 4  students whose scores are counted as part of the state
 5  norm-referenced assessment program tests, versus comparable
 6  public school students in the district as determined by the
 7  state norm-referenced assessment program tests currently
 8  administered in the school district, and, as appropriate, the
 9  Florida Writes Assessment Test, the High School Competency
10  Test, and other assessments administered pursuant to s.
11  229.57(3).
12         Section 45.  Section 231.002, Florida Statutes, is
13  created to read:
14         231.002  Teacher quality; legislative findings and
15  purpose.--
16         (1)  The Legislature intends to implement a
17  comprehensive approach to increase students' academic
18  achievement and improve teaching quality. The Legislature
19  recognizes that professional educators shape the future of
20  this state and the nation by developing the knowledge and
21  skills of our future workforce and laying the foundation for
22  good citizenship and full participation in community and civic
23  life. The Legislature also recognizes its critical role in
24  meeting the state's educational goals and preparing all
25  students to achieve at the high levels set by the Sunshine
26  State Standards.
27         (2)  The purpose of this act is to raise standards for
28  certifying professional educators, establish a statewide
29  system for inservice professional development, increase
30  accountability for postsecondary programs that prepare future
31  educators, and increase accountability for administrators who
                                 100
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  evaluate teacher performance. To further this initiative, the
 2  Department of Education must review the provisions of chapter
 3  231, Florida Statutes, and related administrative rules
 4  governing the certification of individuals who must hold state
 5  certification as a condition of employment in any district
 6  school system. The purpose of the review is to identify ways
 7  to make the certification process more efficient and
 8  responsive to the needs of district school systems and
 9  educators, to maintain rigorous standards for initial and
10  continuing certification, and to provide more alternative
11  certification options for individuals who have specific
12  subject-area expertise but have not completed a standard
13  teacher preparation program. The department must evaluate the
14  rigor of the assessment instruments and passing scores
15  required for certification and should consider components of
16  more rigorous and efficient certification systems in other
17  states. The department may request assistance from the
18  Education Standards Commission. By January 1, 2000, the
19  department must submit its findings and recommendations for
20  revision of statutes and administrative rules to the presiding
21  officers of the Senate, the House of Representatives, and the
22  State Board of Education.
23         Section 46.  Subsection (1) of section 231.02, Florida
24  Statutes, 1998 Supplement, is amended to read:
25         231.02  Qualifications of personnel.--
26         (1)  To be eligible for appointment in any position in
27  any district school system, a person shall be of good moral
28  character; shall have attained the age of 18 years, if he or
29  she is to be employed in an instructional capacity; and shall,
30  when required by law, hold a certificate or license issued
31  under rules of the State Board of Education or the Department
                                 101
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  of Health and Rehabilitative Services, except when employed
 2  pursuant to s. 231.15 or under the emergency provisions of s.
 3  236.0711.  Previous residence in this state shall not be
 4  required in any school of the state as a prerequisite for any
 5  person holding a valid Florida certificate or license to serve
 6  in an instructional capacity.
 7         Section 47.  Subsection (2) of section 231.0861,
 8  Florida Statutes, is amended to read:
 9         231.0861  Principals and assistant principals;
10  selection.--
11         (2)  By July 1, 1986, Each district school board shall
12  adopt and implement an objective-based process for the
13  screening, selection, and appointment of assistant principals
14  and principals in the public schools of this state which meets
15  the criteria approved by the State Board of Education Florida
16  Council on Educational Management.  Each school district may
17  contract with other local school districts, agencies,
18  associations, private entities, or universities to conduct the
19  assessments, evaluations, and training programs required under
20  this section.
21         Section 48.  Section 231.085, Florida Statutes, is
22  amended to read:
23         231.085  Duties of principals.--A district school board
24  shall employ, through written contract, public school
25  principals who shall supervise the operation and management of
26  the schools and property as the board determines necessary.
27  Each principal is responsible for the performance of all
28  personnel employed by the school board and assigned to the
29  school to which the principal is assigned. The principal shall
30  faithfully and effectively apply the personnel assessment
31  system approved by the school board pursuant to s. 231.29.
                                 102
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  Each principal shall perform such duties as may be assigned by
 2  the superintendent pursuant to the rules of the school board.
 3  Such rules shall include, but not be limited to, rules
 4  relating to administrative responsibility, instructional
 5  leadership in implementing the Sunshine State Standards and of
 6  the overall educational program of the school to which the
 7  principal is assigned, submission of personnel recommendations
 8  to the superintendent, administrative responsibility for
 9  records and reports, administration of corporal punishment,
10  and student suspension.  Each principal shall provide
11  leadership in the development or revision and implementation
12  of a school improvement plan pursuant to s. 230.23(16).
13         Section 49.  Paragraph (a) of subsection (5) of section
14  231.087, Florida Statutes, is amended, and subsection (7) is
15  added to that section, to read:
16         231.087  Management Training Act; Florida Council on
17  Educational Management; Florida Academy for School Leaders;
18  Center for Interdisciplinary Advanced Graduate Study.--
19         (5)  DISTRICT MANAGEMENT TRAINING PROGRAMS.--
20         (a)  Pursuant to rules guidelines to be adopted by the
21  State Board of Education Florida Council on Educational
22  Management, each school board may submit to the commissioner a
23  proposed program designed to train district administrators and
24  school-based managers, including principals, assistant
25  principals, school site administrators, and persons who are
26  potential candidates for employment in such administrative
27  positions, in the competencies which have been identified by
28  the Florida Council on Educational Management council as being
29  necessary for effective school management. The proposed
30  program shall include a statement of the number of individuals
31  to be included in the program and an itemized statement of the
                                 103
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  estimated total cost of the program, which shall be paid in
 2  part by the district and in part by the department.
 3         (7)  REPEAL AND REVIEW OF MANAGEMENT ACT.--The Office
 4  of Program Policy Analysis and Governmental Accountability, in
 5  consultation with the Department of Education, shall conduct a
 6  comprehensive review of the Management Training Act to
 7  determine its effectiveness and by January 1, 2000, shall make
 8  recommendations to the presiding officers of the Legislature
 9  for the repeal, revision, or reauthorization of the act. This
10  section is repealed effective June 30, 2000.
11         Section 50.  Section 231.09, Florida Statutes, is
12  amended to read:
13         231.09  Duties of instructional personnel.--The primary
14  duty of instructional personnel is to work diligently and
15  faithfully to help students meet or exceed annual learning
16  goals, to meet state and local achievement requirements, and
17  to master the skills required to graduate from high school
18  prepared for postsecondary education and work. This duty
19  applies to instructional personnel whether they teach or
20  function in a support role. Members of the instructional staff
21  of the public schools shall perform duties prescribed by rules
22  of the school board.  Such rules shall include, but not be
23  limited to, rules relating to a teacher's duty to help
24  students master challenging standards and meet all state and
25  local requirements for achievement; teaching efficiently and
26  faithfully, using prescribed materials and methods, including
27  technology-based instruction; recordkeeping; and fulfilling
28  the terms of any contract, unless released from the contract
29  by the school board.
30         Section 51.  Section 231.096, Florida Statutes, 1998
31  Supplement, is amended to read:
                                 104
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         231.096  Teacher teaching out-of-field;
 2  assistance.--Each school district school board shall adopt and
 3  implement have a plan to assist any teacher teaching
 4  out-of-field, and priority consideration in professional
 5  development activities shall be given to teachers who are
 6  teaching out-of-field. The school board shall require that
 7  such teachers participate in a certification or staff
 8  development program designed to ensure that the teacher has
 9  the competencies required for the assigned duties. The
10  board-approved assistance plan must include duties of
11  administrative personnel and other instructional personnel to
12  ensure that students receive high-quality instructional
13  services.
14         Section 52.  Section 231.145, Florida Statutes, is
15  amended to read:
16         231.145  Purpose of instructional personnel
17  certification.--It is the intent of the Legislature that
18  school personnel certified in this state possess the
19  credentials, knowledge, and skills necessary to provide a
20  high-quality quality education in the public schools.  The
21  purpose of school personnel certification is to protect the
22  educational interests of students, parents, and the public at
23  large by assuring that teachers in this state are
24  professionally qualified.  In fulfillment of its duty to the
25  citizens of this state, the Legislature has established
26  certification requirements to assure that educational
27  personnel in public schools possess appropriate skills in
28  reading, writing, and mathematics, and adequate pedagogical
29  knowledge, including the use of technology to enhance student
30  learning, and relevant subject matter competence so as to and
31  can demonstrate an acceptable level of professional
                                 105
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  performance.  Further, the Legislature has established a
 2  certificate renewal process which promotes the continuing
 3  professional improvement of school personnel, thereby
 4  enhancing public education in all areas of the state.
 5         Section 53.  Section 231.15, Florida Statutes, 1998
 6  Supplement, is amended to read:
 7         231.15  Positions for which certificates required.--
 8         (1)  The State Board of Education shall classify school
 9  services, designate the certification subject areas, establish
10  competencies, including the use of technology to enhance
11  student learning, and certification requirements for all
12  school-based personnel, and prescribe rules in accordance with
13  which the professional, temporary, and part-time certificates
14  shall be issued by the Department of Education to applicants
15  who meet the standards prescribed by such rules for their
16  class of service. The rules must allow the holder of a valid
17  professional certificate to add an area of certification
18  without completing the associated course requirements if the
19  certificateholder attains a passing score on an examination of
20  competency in the subject area to be added, and provides
21  evidence of at least 2 years of satisfactory performance
22  evaluations that considered the performance of students taught
23  by the certificateholder. The rules must allow individuals who
24  have specific subject area expertise, but who have not
25  completed a standard teacher preparation program, to
26  participate in a state-approved alternative certification
27  program for a professional certificate. As appropriate, this
28  program must provide for demonstration competencies in lieu of
29  completion of a specific number of college course credit hours
30  in the areas of assessment, communication, critical thinking,
31  human development and learning, classroom management,
                                 106
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  planning, technology, diversity, teacher responsibility, code
 2  of ethics, and continuous professional improvement. The State
 3  Board of Education shall consult with the State Board of
 4  Independent Colleges and Universities, the State Board of
 5  Nonpublic Career Education, the Board of Regents, and the
 6  State Board of Community Colleges before adopting any changes
 7  to training requirements relating to entry into the
 8  profession. This consultation must allow the educational board
 9  to provide advice regarding the impact of the proposed changes
10  in terms of the length of time necessary to complete the
11  training program and the fiscal impact of the changes. The
12  educational board must be consulted only when an institution
13  offering the training program falls under its jurisdiction.
14  Each person employed or occupying a position as school
15  supervisor, principal, teacher, library media specialist,
16  school counselor, athletic coach, or other position in which
17  the employee serves in an instructional capacity, in any
18  public school of any district of this state shall hold the
19  certificate required by law and by rules of the state board in
20  fulfilling the requirements of the law for the type of service
21  rendered.  However, the state board shall adopt rules
22  authorizing school boards to employ selected noncertificated
23  personnel to provide instructional services in the
24  individuals' fields of specialty or to assist instructional
25  staff members as education paraprofessionals.
26         (2)  Each person who is employed and renders service as
27  an athletic coach in any public school in any district of this
28  state shall hold a valid part-time, temporary, or professional
29  certificate. The provisions of this subsection do not apply to
30  any athletic coach who voluntarily renders service and who is
31  not employed by any public school district of this state.
                                 107
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         (3)  Each person employed as a school nurse shall hold
 2  a license to practice nursing in the state, and each person
 3  employed as a school physician shall hold a license to
 4  practice medicine in the state.  The provisions of this
 5  subsection shall not apply to any athletic coach who renders
 6  service in a voluntary capacity and who is not employed by any
 7  public school of any district in this state.
 8         (4)(2)  A commissioned or noncommissioned military
 9  officer who is an instructor of junior reserve officer
10  training shall be exempt from requirements for teacher
11  certification, except for the filing of fingerprints pursuant
12  to s. 231.02, if he or she meets the following qualifications:
13         (a)  Is retired from active military duty with at least
14  20 years of service and draws retirement pay or is retired, or
15  transferred to retired reserve status, with at least 20 years
16  of active service and draws retirement pay or retainer pay.
17         (b)  Satisfies criteria established by the appropriate
18  military service for certification by the service as a junior
19  reserve officer training instructor.
20         (c)  Has an exemplary military record.
21
22  If such instructor is assigned instructional duties other than
23  junior reserve officer training, he or she shall hold the
24  certificate required by law and rules of the state board for
25  the type of service rendered.
26         Section 54.  Paragraph (c) of subsection (3) and
27  subsections (4), (5), and (8) of section 231.17, Florida
28  Statutes, 1998 Supplement, are amended to read:
29         231.17  Official statements of eligibility and
30  certificates granted on application to those meeting
31  prescribed requirements.--
                                 108
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         (3)  TEMPORARY CERTIFICATE.--
 2         (c)  To qualify for a temporary certificate, the
 3  applicant must:
 4         1.  File a written statement under oath that the
 5  applicant subscribes to and will uphold the principles
 6  incorporated in the Constitutions of the United States and of
 7  the State of Florida.
 8         2.  Be at least 18 years of age.
 9         3.  Document receipt of a bachelor's or higher degree
10  from an accredited institution of higher learning, as defined
11  by state board rule. Credits and degrees awarded by a newly
12  created Florida state institution that is part of the State
13  University System shall be considered as granted by an
14  accredited institution of higher learning during the first 2
15  years of course offerings while accreditation is gained.
16  Degrees from foreign institutions, or degrees from other
17  institutions of higher learning that are in the accreditation
18  process, may be validated by a process established in state
19  board rule. Once accreditation is gained, the institution
20  shall be considered as accredited beginning with the 2-year
21  period prior to the date of accreditation. The bachelor's or
22  higher degree may not be required in areas approved in rule by
23  the State Board of Education as nondegreed areas. Each
24  applicant seeking initial certification must have attained at
25  least a 2.5 overall grade point average on a 4.0 scale in the
26  applicant's major field of study. The applicant may document
27  the required education by submitting official transcripts from
28  institutions of higher education or by authorizing the direct
29  submission of such official transcripts through established
30  electronic network systems.
31         4.  Be competent and capable of performing the duties,
                                 109
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  functions, and responsibilities of a teacher.
 2         5.  Be of good moral character.
 3         6.  Demonstrate mastery of general knowledge, including
 4  the ability to read, write, compute, and use technology for
 5  classroom instruction. Individuals who apply for certification
 6  on or after July 1, 2000, must demonstrate these minimum
 7  competencies in order to receive a temporary certificate.
 8  Acceptable means of demonstrating such mastery is an
 9  individual's achievement of passing scores on another state's
10  general knowledge examinations or a valid standard teaching
11  certificate issued by another state that requires mastery of
12  general knowledge.
13
14  Rules adopted pursuant to this section shall provide for the
15  review and acceptance of credentials from foreign institutions
16  of higher learning.
17         (4)  PROFESSIONAL CERTIFICATE.--The department shall
18  issue a professional certificate for a period not to exceed 5
19  years to any applicant who meets the requirements for a
20  temporary certificate and documents mastery of the minimum
21  competencies required by subsection (5). Mastery of the
22  minimum competencies must be documented on a comprehensive
23  written examination or through other criteria as specified by
24  rules of the state board. Mastery of minimum competencies
25  required under subsection (5) must be demonstrated in the
26  following areas:
27         (a)  General knowledge, including the ability to read,
28  write, and compute, and use technology for classroom
29  instruction. However, individuals who apply for certification
30  on or after July 1, 2000, must demonstrate these minimum
31  competencies in order to receive a temporary certificate.
                                 110
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  Acceptable means of demonstrating such mastery is an
 2  individual's achievement of passing scores on another state's
 3  general knowledge examinations or a valid standard teaching
 4  certificate issued by another state that requires mastery of
 5  general knowledge.
 6         (b)  Professional skills and knowledge of the standards
 7  of professional practice.
 8         (c)  The subject matter in each area for which
 9  certification is sought.
10         (5)  MINIMUM COMPETENCIES FOR PROFESSIONAL
11  CERTIFICATE.--
12         (a)  The state board must specify, by rule, the minimum
13  essential competencies that educators must possess and
14  demonstrate in order to qualify to teach students the
15  standards of student performance adopted by the state board.
16  The minimum competencies must include but are not limited to
17  the ability to:
18         1.  Write in a logical and understandable style with
19  appropriate grammar and sentence structure.
20         2.  Read, comprehend, and interpret professional and
21  other written material.
22         3.  Comprehend and work with fundamental mathematical
23  concepts, including algebra.
24         4.  Recognize signs of students' difficulty with the
25  reading process and apply appropriate measures to improve
26  students' reading performance.
27         5.4.  Recognize signs of severe emotional distress in
28  students and apply techniques of crisis intervention with an
29  emphasis on suicide prevention and positive emotional
30  development.
31         6.5.  Recognize signs of alcohol and drug abuse in
                                 111
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  students and know how to appropriately work with such students
 2  and seek assistance designed to prevent apply counseling
 3  techniques with emphasis on intervention and prevention of
 4  future abuse.
 5         7.6.  Recognize the physical and behavioral indicators
 6  of child abuse and neglect, know rights and responsibilities
 7  regarding reporting, know how to care for a child's needs
 8  after a report is made, and know recognition, intervention,
 9  and prevention strategies pertaining to child abuse and
10  neglect which can be related to children in a classroom
11  setting in a nonthreatening, positive manner.
12         8.7.  Comprehend patterns of physical, social, and
13  academic development in students, including exceptional
14  students in the regular classroom, and counsel these students
15  concerning their needs in these areas.
16         9.8.  Recognize and be aware of the instructional needs
17  of exceptional students.
18         10.9.  Comprehend patterns of normal development in
19  students and employ appropriate intervention strategies for
20  disorders of development.
21         11.10.  Identify and comprehend the codes and standards
22  of professional ethics, performance, and practices adopted
23  pursuant to s. 231.546(2)(b), the grounds for disciplinary
24  action provided by s. 231.28, and the procedures for resolving
25  complaints filed pursuant to this chapter, including appeal
26  processes.
27         12.11.  Recognize and demonstrate awareness of the
28  educational needs of students who have limited proficiency in
29  English and employ appropriate teaching strategies.
30         13.12.  Use and integrate appropriate technology in
31  teaching and learning processes and in managing, evaluating,
                                 112
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  and improving instruction.
 2         14.13.  Use assessment and other diagnostic strategies
 3  to assist the continuous development of the learner.
 4         15.14.  Use teaching and learning strategies that
 5  include considering each student's culture, learning styles,
 6  special needs, and socioeconomic background.
 7         16.15.  Demonstrate knowledge and understanding of the
 8  subject matter that is aligned with the subject knowledge and
 9  skills specified in the Sunshine State Standards and student
10  performance standards approved by the state board.
11         17.  Recognize the early signs of truancy in students
12  and identify effective interventions to avoid or resolve
13  nonattendance behavior.
14         18.  Demonstrate knowledge and skill in managing
15  student behavior inside and outside the classroom. Such
16  knowledge and skill must include techniques for preventing and
17  effectively responding to incidents of disruptive or violent
18  behavior.
19         19.  Demonstrate knowledge of and skill in developing
20  and administering appropriate classroom assessment instruments
21  designed to measure student learning gains.
22         20.  Demonstrate the ability to maintain a positive
23  collaborative relationship with students' families to increase
24  student achievement.
25         (b)  The state board shall designate the certification
26  areas for subject area tests. However, an applicant may
27  satisfy the subject area and professional knowledge testing
28  requirements by attaining scores on corresponding tests from
29  the National Teachers Examination series, and successors to
30  that series, that meet standards established by the state
31  board. The College Level Academic Skills Test, a similar test
                                 113
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  approved by the state board, or corresponding tests from,
 2  beginning January 1, 1996, the National Teachers Examination
 3  series must be used by degreed personnel to demonstrate
 4  mastery of general knowledge as required in paragraphs (3)(c)
 5  and paragraph (4)(a). All required tests may be taken prior to
 6  graduation. The College Level Academic Skills Test shall be
 7  waived for any applicant who passed the reading, writing, and
 8  mathematics subtest of the former Florida Teacher
 9  Certification Examination or the College Level Academic Skills
10  Test and subsequently obtained a certificate pursuant to this
11  chapter.
12         (8)  EXAMINATIONS.--
13         (a)  The commissioner, with the approval of the state
14  board, may contract for developing, printing, administering,
15  scoring, and appropriate analysis of the written tests
16  required.
17         (b)  The state board shall, by rule, specify the
18  examination scores that are required for the issuance of a
19  professional certificate and certain temporary certificate
20  certificates. When the College Level Academic Skills Test is
21  used to demonstrate general knowledge, Such rules must provide
22  an alternative method by which an applicant may demonstrate
23  mastery of general knowledge, including the ability to read,
24  write, or compute; must define generic subject area
25  competencies; and must establish uniform evaluation
26  guidelines. Individuals who apply for their professional
27  certificate before July 1, 2000, may demonstrate mastery of
28  general knowledge pursuant to the alternative method specified
29  by state board rule which The alternative method must:
30         1.  Apply only to an applicant who has successfully
31  completed all prerequisites for issuance of the professional
                                 114
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  certificate, except passing one specific subtest of the
 2  College Level Academic Skills Test, and who has taken and
 3  failed to achieve a passing score on that subtest at least
 4  four times.
 5         2.  Require notification from the superintendent of the
 6  employing school district, the governing authority of the
 7  employing developmental research school, or the governing
 8  authority of the employing state-supported school or nonpublic
 9  school that the applicant has satisfactorily demonstrated
10  mastery of the subject area covered by that specific subtest
11  through successful experience in the professional application
12  of generic subject area competencies and proficient academic
13  performance in that subject area. The decision of the
14  superintendent or governing authority shall be based on a
15  review of the applicant's official academic transcript and
16  notification from the applicant's principal, a peer teacher,
17  and a district-level supervisor that the applicant has
18  demonstrated successful professional experience in that
19  subject area.
20         (c)  If an applicant takes an examination developed by
21  this state and does not achieve the score necessary for
22  certification, the applicant may review his or her completed
23  examination and bring to the attention of the department any
24  errors that would result in a passing score.
25         (d)  The department and the board shall maintain
26  confidentiality of the examination, developmental materials,
27  and workpapers, and the examination, developmental materials,
28  and workpapers are exempt from s. 119.07(1).
29         Section 55.  Subsection (3) is added to section
30  231.1725, Florida Statutes, 1998 Supplement, to read:
31         231.1725  Employment of substitute teachers, teachers
                                 115
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  of adult education, and nondegreed teachers of career
 2  education; students performing clinical field experience.--
 3         (3)  A student who is enrolled in a state-approved
 4  teacher preparation program in an institution of higher
 5  education which is approved by rules of the State Board of
 6  Education and who is jointly assigned by the institution of
 7  higher education and a school board to perform a clinical
 8  field experience under the direction of a regularly employed
 9  and certified educator shall, while serving such supervised
10  clinical field experience, be accorded the same protection of
11  law as that accorded to the certified educator except for the
12  right to bargain collectively as employees of the school
13  board.
14         Section 56.  Section 231.174, Florida Statutes, is
15  amended to read:
16         231.174  Alternative preparation programs for certified
17  teachers to add additional coverage.--A district school board
18  may design alternative teacher preparation programs to enable
19  persons already certificated to add an additional coverage to
20  their certificates to teach exceptional education classes or
21  in other areas of critical shortage.  Each alternative teacher
22  preparation program shall be reviewed and approved by the
23  Department of Education to assure that persons who complete
24  the program are competent in the necessary areas of subject
25  matter specialization.  Two or more school districts may
26  jointly participate in an alternative preparation program for
27  teachers.
28         Section 57.  Subsection (3) of section 231.29, Florida
29  Statutes, 1998 Supplement, is amended to read:
30         231.29  Assessment procedures and criteria.--
31         (3)  The assessment procedure for instructional
                                 116
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  personnel and school administrators must be primarily based on
 2  the performance of students assigned to their classrooms or
 3  schools, as appropriate. The procedures must shall comply
 4  with, but need shall not be limited to, the following
 5  requirements:
 6         (a)  An assessment must shall be conducted for each
 7  employee at least once a year. The assessment must shall be
 8  based upon sound educational principles and contemporary
 9  research in effective educational practices. Beginning with
10  the full implementation of an annual assessment of learning
11  gains, the assessment must primarily use data and indicators
12  of improvement in student performance assessed annually as
13  specified in s. 229.57 and may consider results of peer
14  reviews in evaluating the employee's performance. Student
15  performance must be measured by state assessments required
16  under s. 229.57 and by local assessments for subjects and
17  grade levels not measured by the state assessment program. The
18  assessment criteria must include, but are not limited to,
19  indicators that relate to the following:
20         1.  Performance of students.
21         2.1.  Ability to maintain appropriate discipline.
22         3.2.  Knowledge of subject matter. The district school
23  board shall make special provisions for evaluating teachers
24  who are assigned to teach out-of-field.
25         4.3.  Ability to plan and deliver instruction,
26  including the use of technology in the classroom.
27         5.4.  Ability to evaluate instructional needs.
28         6.5.  Ability to establish and maintain a positive
29  collaborative relationship with students' families to increase
30  student achievement communicate with parents.
31         7.6.  Other professional competencies,
                                 117
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  responsibilities, and requirements as established by rules of
 2  the State Board of Education and policies of the district
 3  school board.
 4         (b)  All personnel must shall be fully informed of the
 5  criteria and procedures associated with the assessment process
 6  before the assessment takes place.
 7         (c)  The individual responsible for supervising the
 8  employee must assess the employee's performance. The evaluator
 9  must submit a written report of the assessment to the
10  superintendent for the purpose of reviewing the employee's
11  contract. If the employee is assigned to a school designated
12  in performance grade category "D" or "F" and was rated
13  unsatisfactory on any function related to the employee's
14  instructional or administrative duties, the superintendent, in
15  consultation with the employee's evaluator, shall review the
16  employee's performance assessment. If the superintendent
17  determines that the lack of general knowledge, subject area
18  expertise, or other professional competencies contributed to
19  the employee's unsatisfactory performance, the superintendent
20  shall notify the district school board of that determination.
21  The district school board shall require those employees, as
22  part of their performance probation, to take and receive a
23  passing score on a test of general knowledge, subject area
24  expertise, or professional competencies, whichever is
25  appropriate.  The tests required by this paragraph shall be
26  those required for certification under chapter 231 and rules
27  of the State Board of Education.  The evaluator must submit
28  the written report to the employee no later than 10 days after
29  the assessment takes place.  The evaluator must discuss the
30  written report of assessment with the employee. The employee
31  shall have the right to initiate a written response to the
                                 118
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  assessment, and the response shall become a permanent
 2  attachment to his or her personnel file.
 3         (d)  If an employee is not performing his or her duties
 4  in a satisfactory manner, the evaluator shall notify the
 5  employee in writing of such determination. The notice must
 6  describe such unsatisfactory performance and include notice of
 7  the following procedural requirements:
 8         1.  Upon delivery of a notice of unsatisfactory
 9  performance, the evaluator must confer with the employee, make
10  recommendations with respect to specific areas of
11  unsatisfactory performance, and provide assistance in helping
12  to correct deficiencies within a prescribed period of time.
13         2.a.  If the employee holds a professional service
14  contract as provided in s. 231.36, the employee shall be
15  placed on performance probation and governed by the provisions
16  of this section for 90 calendar days following from the
17  receipt of the notice of unsatisfactory performance to
18  demonstrate corrective action. School holidays and school
19  vacation periods are not counted when calculating the
20  90-calendar-day period. During the 90 calendar days, the
21  employee who holds a professional service contract must be
22  evaluated periodically and apprised of progress achieved and
23  must be provided assistance and inservice training
24  opportunities to help correct the noted performance
25  deficiencies. At any time during the 90 calendar days, the
26  employee who holds a professional service contract may request
27  a transfer to another appropriate position with a different
28  supervising administrator; however, a transfer does not extend
29  the period for correcting performance deficiencies.
30         b.3.  Within 14 days after the close of the 90 calendar
31  days, the evaluator must assess whether the performance
                                 119
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  deficiencies have been corrected and forward a recommendation
 2  to the superintendent. Within 14 days after receiving the
 3  evaluator's recommendation, the superintendent must notify the
 4  employee who holds a professional service contract in writing
 5  whether the performance deficiencies have been satisfactorily
 6  corrected and whether the superintendent will recommend that
 7  the school board continue or terminate his or her employment
 8  contract. If the employee wishes to contest the
 9  superintendent's recommendation, the employee must, within 15
10  days after receipt of the superintendent's recommendation,
11  submit a written request for a hearing. Such hearing shall be
12  conducted at the school board's election in accordance with
13  one of the following procedures:
14         (I)a.  A direct hearing conducted by the school board
15  within 60 days after receipt of the written appeal. The
16  hearing shall be conducted in accordance with the provisions
17  of ss. 120.569 and 120.57. A majority vote of the membership
18  of the school board shall be required to sustain the
19  superintendent's recommendation. The determination of the
20  school board shall be final as to the sufficiency or
21  insufficiency of the grounds for termination of employment; or
22         (II)b.  A hearing conducted by an administrative law
23  judge assigned by the Division of Administrative Hearings of
24  the Department of Management Services. The hearing shall be
25  conducted within 60 days after receipt of the written appeal
26  in accordance with chapter 120. The recommendation of the
27  administrative law judge shall be made to the school board. A
28  majority vote of the membership of the school board shall be
29  required to sustain or change the administrative law judge's
30  recommendation. The determination of the school board shall be
31  final as to the sufficiency or insufficiency of the grounds
                                 120
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  for termination of employment.
 2         Section 58.  Subsections (1), (4), and (6) of section
 3  231.36, Florida Statutes, are amended to read:
 4         231.36  Contracts with instructional staff,
 5  supervisors, and principals.--
 6         (1)(a)  Each person employed as a member of the
 7  instructional staff in any district school system shall be
 8  properly certificated pursuant to s. 231.17 or employed
 9  pursuant to s. 231.1725 and shall be entitled to and shall
10  receive a written contract as specified in chapter 230.  All
11  such contracts, except continuing contracts as specified in
12  subsection (4), shall contain provisions for dismissal during
13  the term of the contract only for just cause. Just cause
14  includes, but is not limited to, the following instances, as
15  defined by rule of the State Board of Education: misconduct in
16  office, incompetency, gross insubordination, willful neglect
17  of duty, or conviction of a crime involving moral turpitude.
18         (b)  A supervisor or principal shall be properly
19  certified and shall receive a written contract as specified in
20  chapter 230. Such contract may be for an initial period not to
21  exceed 3 years, subject to annual review and renewal. The
22  first 97 days of an initial contract is a probationary period.
23  During the probationary period, the employee may be dismissed
24  without cause or may resign from the contractual position
25  without breach of contract. After the first 3 years, the
26  contract may be renewed for a period not to exceed 3 years and
27  shall contain provisions for dismissal during the term of the
28  contract only for just cause, in addition to such other
29  provisions as are prescribed by the school board.
30         (4)(a)  An employee who has continuing contract status
31  prior to July 1, 1984, shall be entitled to retain such
                                 121
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  contract and all rights arising therefrom in accordance with
 2  existing laws, rules of the State Board of Education, or any
 3  laws repealed by this act, unless the employee voluntarily
 4  relinquishes his or her continuing contract.
 5         (b)  Any member of the district administrative or
 6  supervisory staff and any member of the instructional staff,
 7  including any principal, who is under continuing contract may
 8  be dismissed or may be returned to annual contract status for
 9  another 3 years in the discretion of the school board, at the
10  end of the school year, when a recommendation to that effect
11  is submitted in writing to the school board on or before April
12  1 of any school year, giving good and sufficient reasons
13  therefor, by the superintendent, by the principal if his or
14  her contract is not under consideration, or by a majority of
15  the school board.  The employee whose contract is under
16  consideration shall be duly notified in writing by the party
17  or parties preferring the charges at least 5 days prior to the
18  filing of the written recommendation with the school board,
19  and such notice shall include a copy of the charges and the
20  recommendation to the school board.  The school board shall
21  proceed to take appropriate action.  Any decision adverse to
22  the employee shall be made by a majority vote of the full
23  membership of the school board.  Any such decision adverse to
24  the employee may be appealed by the employee pursuant to s.
25  120.68.
26         (c)  Any member of the district administrative or
27  supervisory staff and any member of the instructional staff,
28  including any principal, who is under continuing contract may
29  be suspended or dismissed at any time during the school year;
30  however, the charges against him or her must be based on
31  immorality, misconduct in office, incompetency, gross
                                 122
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  insubordination, willful neglect of duty, drunkenness, or
 2  conviction of a crime involving moral turpitude, as these
 3  terms are defined by rule of the State Board of Education.
 4  Whenever such charges are made against any such employee of
 5  the school board, the school board may suspend such person
 6  without pay; but, if the charges are not sustained, he or she
 7  shall be immediately reinstated, and his or her back salary
 8  shall be paid.  In cases of suspension by the school board or
 9  by the superintendent, the school board shall determine upon
10  the evidence submitted whether the charges have been sustained
11  and, if the charges are sustained, shall determine either to
12  dismiss the employee or fix the terms under which he or she
13  may be reinstated.  If such charges are sustained by a
14  majority vote of the full membership of the school board and
15  such employee is discharged, his or her contract of employment
16  shall be thereby canceled. Any such decision adverse to the
17  employee may be appealed by the employee pursuant to s.
18  120.68, provided such appeal is filed within 30 days after the
19  decision of the school board.
20         (6)(a)  Any member of the instructional staff,
21  excluding an employee specified in subsection (4), may be
22  suspended or dismissed at any time during the term of the
23  contract for just cause as provided in paragraph (1)(a). The
24  school board must notify the employee in writing whenever
25  charges are made against the employee and may suspend such
26  person without pay; but, if the charges are not sustained, the
27  employee shall be immediately reinstated, and his or her back
28  salary shall be paid. If the employee wishes to contest the
29  charges, the employee must, within 15 days after receipt of
30  the written notice, submit a written request for a hearing.
31  Such hearing shall be conducted at the school board's election
                                 123
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  in accordance with one of the following procedures:
 2         1.  A direct hearing conducted by the school board
 3  within 60 days after receipt of the written appeal. The
 4  hearing shall be conducted in accordance with the provisions
 5  of ss. 120.569 and 120.57. A majority vote of the membership
 6  of the school board shall be required to sustain the
 7  superintendent's recommendation. The determination of the
 8  school board shall be final as to the sufficiency or
 9  insufficiency of the grounds for termination of employment; or
10         2.  A hearing conducted by an administrative law judge
11  assigned by the Division of Administrative Hearings of the
12  Department of Management Services. The hearing shall be
13  conducted within 60 days after receipt of the written appeal
14  in accordance with chapter 120. The recommendation of the
15  administrative law judge shall be made to the school board. A
16  majority vote of the membership of the school board shall be
17  required to sustain or change the administrative law judge's
18  recommendation. The determination of the school board shall be
19  final as to the sufficiency or insufficiency of the grounds
20  for termination of employment.
21
22  Any such decision adverse to the employee may be appealed by
23  the employee pursuant to s. 120.68, provided such appeal is
24  filed within 30 days after the decision of the school board.
25         (b)  Any member of the district administrative or
26  supervisory staff, including any principal but excluding an
27  employee specified in subsection (4), may be suspended or
28  dismissed at any time during the term of the contract;
29  however, the charges against him or her must be based on
30  immorality, misconduct in office, incompetency, gross
31  insubordination, willful neglect of duty, drunkenness, or
                                 124
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  conviction of any crime involving moral turpitude, as these
 2  terms are defined by rule of the State Board of Education.
 3  Whenever such charges are made against any such employee of
 4  the school board, the school board may suspend the employee
 5  without pay; but, if the charges are not sustained, he or she
 6  shall be immediately reinstated, and his or her back salary
 7  shall be paid.  In cases of suspension by the school board or
 8  by the superintendent, the school board shall determine upon
 9  the evidence submitted whether the charges have been sustained
10  and, if the charges are sustained, shall determine either to
11  dismiss the employee or fix the terms under which he or she
12  may be reinstated.  If such charges are sustained by a
13  majority vote of the full membership of the school board and
14  such employee is discharged, his or her contract of employment
15  shall be thereby canceled. Any such decision adverse to the
16  employee may be appealed by him or her pursuant to s. 120.68,
17  provided such appeal is filed within 30 days after the
18  decision of the school board.
19         Section 59.  Paragraph (a) of subsection (1) of section
20  231.546, Florida Statutes, 1998 Supplement, is amended to
21  read:
22         231.546  Education Standards Commission; powers and
23  duties.--
24         (1)  The Education Standards Commission shall have the
25  duty to:
26         (a)  Recommend to the state board high desirable
27  standards relating to programs and policies for the
28  development, certification and certification extension,
29  improvement, and maintenance of competencies of educational
30  personnel, including teacher interns. Such standards must be
31  consistent with the state's duty to provide a high-quality
                                 125
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  system of public education to all students.
 2         Section 60.  Subsections (1) and (3) and paragraph (b)
 3  of subsection (4) of section 231.600, Florida Statutes, 1998
 4  Supplement, are amended, and subsections (8) and (9) are added
 5  to that section, to read:
 6         231.600  School Community Professional Development
 7  Act.--
 8         (1)  The Department of Education, public community
 9  colleges and universities, public school districts, and public
10  schools in this state shall collaborate to establish a
11  coordinated system of professional development. The purpose of
12  the professional development system is to enable the school
13  community to meet state and local student achievement
14  standards and the state education goals and to succeed in
15  school improvement as described in s. 229.591.
16         (3)  The activities designed to implement this section
17  must:
18         (a)  Increase the success of educators in guiding
19  student learning and development so as to implement state and
20  local educational standards, goals, and initiatives;
21         (b)  Assist the school community in providing
22  stimulating educational activities that encourage and motivate
23  students to achieve at the highest levels and to become
24  developing in school children the dispositions that will
25  motivate them to be active learners; and
26         (c)  Provide continuous support as well as, rather than
27  temporary intervention for education professionals who need
28  improvement in knowledge, skills, and performance, for
29  improving the performance of teachers and others who assist
30  children in their learning.
31         (4)  The Department of Education, school districts,
                                 126
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  schools, and public colleges and universities share the
 2  responsibilities described in this section.  These
 3  responsibilities include the following:
 4         (b)  Each district school board shall consult with
 5  teachers and representatives of college and university
 6  faculty, community agencies, and other interested citizen
 7  groups to establish policy and procedures to guide the
 8  operation of the district professional development program.
 9  The professional development system must:
10         1.  Require that principals and schools use student
11  achievement data, school discipline data, school environment
12  surveys, assessments of parental satisfaction, and other
13  performance indicators to identify school and student needs
14  that can be met by improved professional performance, and
15  assist principals and schools in making these identifications;
16         2.  Provide training activities coupled with followup
17  support that is appropriate to accomplish district-level and
18  school-level improvement goals and standards; and
19         3.  Provide for systematic consultation with regional
20  and state personnel designated to provide technical assistance
21  and evaluation of local professional development programs;.
22         4.  Provide for delivery of professional development by
23  distance learning and other technology-based delivery systems
24  to reach more educators at lower costs; and
25         5.  Continuously evaluate the quality and effectiveness
26  of professional development programs in order to eliminate
27  ineffective programs and strategies and to expand effective
28  ones. Evaluations must consider the impact of such activities
29  on the performance of participating educators and their
30  students' achievement and behavior.
31         (8)  This section does not limit or discourage a
                                 127
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  district school board from contracting with independent
 2  entities for professional development services and inservice
 3  education if the school board believes that, through such a
 4  contract, a better product can be acquired or its goals for
 5  education improvement can be better met.
 6         (9)  For teachers and administrators who have been
 7  evaluated as less than satisfactory, a school board may
 8  require participation in specific professional development
 9  programs as part of the improvement prescription.
10         Section 61.  Subsection (2) of section 236.08106,
11  Florida Statutes, 1998 Supplement, is amended, and subsections
12  (3) and (4) are added to that section, to read:
13         236.08106  Excellent Teaching Program.--
14         (2)  The Excellent Teaching Program is created to
15  provide categorical funding for monetary incentives and
16  bonuses for teaching excellence. The Department of Education
17  shall allocate and distribute to each school district or to
18  the NBPTS an amount as prescribed annually by the Legislature
19  for the Excellent Teaching Program. Unless otherwise provided
20  in the General Appropriations Act, each distribution school
21  district's annual allocation shall be the sum of the amounts
22  earned for the following incentives and bonuses:
23         (a)  A fee subsidy to be paid by the Department of
24  Education school district to the NBPTS on behalf of each
25  individual who is an employee of a the district school board
26  or a public school within the that school district, who is
27  certified by the district to have demonstrated satisfactory
28  teaching performance pursuant to s. 231.29 and who satisfies
29  the prerequisites for participating in the NBPTS certification
30  program, and who agrees, in writing, to pay 10 percent of the
31  NBPTS participation fee and to participate in the NBPTS
                                 128
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  certification program during the school year for which the fee
 2  subsidy is provided. The fee subsidy for each eligible
 3  participant shall be an amount equal to 90 percent of the fee
 4  charged for participating in the NBPTS certification program,
 5  but not more than $1,800 per eligible participant. The fee
 6  subsidy is a one-time award and may not be duplicated for any
 7  individual.
 8         (b)  A portfolio-preparation incentive of $150 paid by
 9  the Department of Education to for each teacher employed by a
10  the district school board or a public school within a school
11  the district who is participating in the NBPTS certification
12  program. The portfolio-preparation incentive is a one-time
13  award paid during the school year for which the NBPTS fee
14  subsidy is provided.
15         (c)  An annual bonus equal to 10 percent of the prior
16  fiscal year's statewide average salary for classroom teachers
17  to be distributed to the school district to be paid to each
18  individual who holds NBPTS certification and is employed by
19  the district school board or by a public school within the
20  that school district. The district school board shall
21  distribute the annual bonus to each individual who meets the
22  requirements of this paragraph and who is certified annually
23  by the district to have demonstrated satisfactory teaching
24  performance pursuant to s. 231.29. The annual bonus may be
25  paid as a single payment or divided into not more than three
26  payments.
27         (d)  An annual bonus equal to 10 percent of the prior
28  fiscal year's statewide average salary for classroom teachers
29  to be distributed to the school district to be paid to each
30  individual who meets the requirements of paragraph (c) and
31  agrees, in writing, to provide the equivalent of 12 workdays
                                 129
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  of mentoring and related services to public school teachers
 2  within the district who do not hold NBPTS certification. The
 3  district school board shall distribute the annual bonus in a
 4  single payment following the completion of all required
 5  mentoring and related services for the year. It is not the
 6  intent of the Legislature to remove excellent teachers from
 7  their assigned classrooms; therefore, credit may not be
 8  granted by a school district or public school for mentoring or
 9  related services provided during the regular school day or
10  during the 196 days of required service for the school year.
11         (e)  The district shall receive an amount equal to 50
12  percent of the teacher bonuses provided under paragraphs (c)
13  and (d), which shall be used by the district for professional
14  development of teachers. The district must give priority to
15  using all funds received pursuant to this paragraph for
16  professional development of teachers employed at schools
17  identified as performing at critically low levels.
18
19  A teacher for whom the state pays the certification fee and
20  who does not complete the certification program or does not
21  teach in a public school of this state for a least 1 year
22  after completing the certification program must repay the
23  amount of the certification fee to the state. However, a
24  teacher who completes the certification program but fails to
25  be awarded NBPTS certification is not required to repay the
26  amount of the certification fee if the teacher meets the
27  1-year teaching requirement. Repayment is not required of a
28  teacher who does not complete the certification program or
29  fails to fulfill the teaching requirement because of the
30  teacher's death or disability or because of other extenuating
31  circumstances as determined by the State Board of Education.
                                 130
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         (3)(a)  In addition to any other remedy available under
 2  the law, any person who is a recipient of a certification fee
 3  subsidy paid to the NBPTS and who is an employee of the state
 4  or any of its political subdivisions is considered to have
 5  consented, as a condition of employment, to the voluntary or
 6  involuntary withholding of wages to repay to the state the
 7  amount of such a certification fee subsidy awarded under this
 8  section. Any such employee who defaults on the repayment of
 9  such a certification fee subsidy must, within 60 days after
10  service of a notice of default by the Department of Education
11  to the employee, establish a repayment schedule which must be
12  agreed to by the department and the employee, for repaying the
13  defaulted sum through payroll deductions. The department may
14  not require the employee to pay more than 10 percent of the
15  employee's pay per pay period under such a repayment schedule
16  or plan. If the employee fails to establish a repayment
17  schedule within the specified period of time or fails to meet
18  the terms and conditions of the agreed upon or approved
19  repayment schedule as authorized by this subsection, the
20  employee has breached an essential condition of employment and
21  is considered to have consented to the involuntary withholding
22  of wages or salary for the repayment of the certification fee
23  subsidy.
24         (b)  A person who is employed by the state, or any of
25  its political subdivisions, may not be dismissed for having
26  defaulted on the repayment of the certification fee subsidy to
27  the state.
28         (4)  The State Board of Education may adopt rules as
29  necessary to implement the provisions for payment of the fee
30  subsidies, incentives, and bonuses and for the repayment of
31  defaulted certification fee subsidies under this section.
                                 131
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         Section 62.  Subsection (1), paragraph (b) of
 2  subsection (3), and subsections (4) and (5) of section
 3  240.529, Florida Statutes, are amended to read:
 4         240.529  Public accountability and state approval for
 5  teacher preparation programs.--
 6         (1)  INTENT.--The Legislature recognizes that skilled
 7  teachers make an the most important contribution to a quality
 8  educational system that allows students to obtain a
 9  high-quality education and that competent teachers are
10  produced by effective and accountable teacher preparation
11  programs. The intent of the Legislature is to establish a
12  system for development and approval of teacher preparation
13  programs that will free postsecondary teacher preparation
14  institutions to employ varied and innovative teacher
15  preparation techniques while being held accountable for
16  producing graduates teachers with the competencies and skills
17  necessary to achieve for achieving the state education goals;
18  help students meet high standards for academic achievement;
19  maintain safe, secure classroom learning environments; and
20  sustain sustaining the state system of school improvement and
21  education accountability established pursuant to ss. 229.591
22  and, 229.592, and 229.593. To further this intent, the
23  Commissioner of Education shall appoint a Teacher Preparation
24  Program Committee for the purpose of establishing core
25  curricula in each state-approved teacher preparation program.
26  The committee shall consist of representatives from presidents
27  of public and private colleges and universities, deans of
28  colleges of education, presidents of community colleges,
29  district school superintendents, and high-performing teachers.
30  The curricula shall be focused on the knowledge, skills, and
31  abilities essential to instruction in the Sunshine State
                                 132
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  Standards, with a clear emphasis on the importance of reading
 2  at all grade levels.  The committee shall report its
 3  recommendations to the State Board of Education by January 1,
 4  2000, and at that time may be dissolved.  The state board
 5  shall adopt rules that establish uniform core curricula for
 6  each state-approved teacher preparation program and shall use
 7  this report in the development of such rules.
 8         (3)  INITIAL STATE PROGRAM APPROVAL.--
 9         (b)  Each teacher preparation program approved by the
10  Department of Education, as provided for by this section,
11  shall require students to meet one of the following as
12  prerequisites a prerequisite for admission into the program:
13         1.  That a student receive a passing score at the 40th
14  percentile or above, as established by state board rule, on a
15  nationally standardized college entrance examination;
16         1.2.  That a student Have a grade point average of at
17  least 2.5 on a 4.0 scale for the general education component
18  of undergraduate studies; or
19         3.  That a student have completed the requirements for
20  a baccalaureate degree with a minimum grade point average of
21  2.5 on a 4.0 scale from any college or university accredited
22  by a regional accrediting association as defined by state
23  board rule; and.
24         2.  Beginning with the 2000-2001 academic year,
25  demonstrate mastery of general knowledge, including the
26  ability to read, write, and compute by passing the College
27  Level Academic Skills Test, a corresponding component of the
28  National Teachers Examination series, or a similar test
29  pursuant to rules of the State Board of Education.
30
31  The State Board of Education may shall provide by rule for a
                                 133
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  waiver of these requirements. The rule shall require that 90
 2  percent of those admitted to each teacher education program
 3  meet the requirements of this paragraph and that the program
 4  implement strategies to ensure that students admitted under a
 5  waiver receive assistance to demonstrate competencies to
 6  successfully meet requirements for certification.
 7         (4)  CONTINUED PROGRAM APPROVAL.--Notwithstanding
 8  subsection (3), failure by a public or nonpublic teacher
 9  preparation program to meet the criteria for continued program
10  approval shall result in loss of program approval. The
11  Department of Education, in collaboration with the departments
12  and colleges of education, shall develop procedures for
13  continued program approval which document the continuous
14  improvement of program processes and graduates' performance.
15         (a)  Continued approval of specific teacher preparation
16  programs at each public and nonpublic institution of higher
17  education within the state is contingent upon the passing of
18  the written examination required by s. 231.17 by at least 90
19  80 percent of the graduates of the program who take the
20  examination. On request of an institution, the Department of
21  Education shall provide an analysis of the performance of the
22  graduates of such institution with respect to the competencies
23  assessed by the examination required by s. 231.17.
24         (b)  Additional criteria for continued program approval
25  for public institutions may be developed by the Education
26  Standards Commission and approved by the State Board of
27  Education. Such criteria must emphasize outcome measures of
28  student performance in the areas of classroom management and
29  improving the performance of students who have traditionally
30  failed to meet student achievement goals and have been
31  overrepresented in school suspensions and other disciplinary
                                 134
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  actions, and must may include, but need not be limited to,
 2  program graduates' satisfaction with training and the unit's
 3  responsiveness to local school districts. Additional criteria
 4  for continued program approval for nonpublic institutions
 5  shall be developed in the same manner as for public
 6  institutions; however, such criteria must be based upon
 7  significant, objective, and quantifiable graduate performance
 8  measures. Responsibility for collecting data on outcome
 9  measures through survey instruments and other appropriate
10  means shall be shared by the institutions of higher education,
11  the Board of Regents, the State Board of Independent Colleges
12  and Universities, and the Department of Education. By January
13  1 of each year, the Department of Education, in cooperation
14  with the Board of Regents and the State Board of Independent
15  Colleges and Universities, shall report this information for
16  each postsecondary institution that has state-approved
17  programs of teacher education to the Governor, the
18  Commissioner of Education, the Chancellor of the State
19  University System, the President of the Senate, the Speaker of
20  the House of Representatives, all Florida postsecondary
21  teacher preparation programs, and interested members of the
22  public. This report must analyze the data and make
23  recommendations for improving teacher preparation programs in
24  the state.
25         (c)  Beginning July 1, 1997, Continued approval for a
26  teacher preparation program is contingent upon the results of
27  annual reviews of the program conducted by the institution of
28  higher education, using procedures and criteria outlined in an
29  institutional program evaluation plan approved by the
30  Department of Education. This plan must incorporate the
31  criteria established in paragraphs (a) and (b) and include
                                 135
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  provisions for involving primary stakeholders, such as program
 2  graduates, district school personnel, classroom teachers,
 3  principals, community agencies, and business representatives
 4  in the evaluation process. Upon request by an institution, the
 5  department shall provide assistance in developing, enhancing,
 6  or reviewing the institutional program evaluation plan and
 7  training evaluation team members.
 8         (d)  Beginning July 1, 1997, Continued approval for a
 9  teacher preparation program is contingent upon standards being
10  in place that are designed to adequately prepare elementary,
11  middle, and high school teachers to instruct their students in
12  higher-level mathematics concepts and in the use of technology
13  at the appropriate grade level.
14         (e)  Beginning July 1, 2000, continued approval of
15  teacher preparation programs is contingent upon compliance
16  with the student admission requirements of subsection (3) and
17  upon the receipt of at least a satisfactory rating from public
18  schools and nonpublic schools that employ graduates of the
19  program. Employer satisfaction shall be determined by an
20  annually administered survey instrument approved by the
21  Department of Education.
22         (f)  Beginning with the 2000-2001 academic year, each
23  public and private institution that offers a teacher
24  preparation program in this state must annually report
25  information regarding these programs to the state and the
26  general public. This information shall be reported in a
27  uniform and comprehensible manner that conforms with
28  definitions and methods proposed by the Education Standards
29  Commission, that is consistent with definitions and methods
30  approved by the Commissioner of the National Center for
31  Educational Statistics, and that is approved by the State
                                 136
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  Board of Education. This information shall be reported through
 2  publications such as college and university catalogs and
 3  promotional materials sent to potential applicants, secondary
 4  school guidance counselors, and prospective employers of the
 5  institution's program graduates.
 6         (5)  PRESERVICE FIELD EXPERIENCE.--All postsecondary
 7  instructors, school district personnel and instructional
 8  personnel, and school sites preparing instructional personnel
 9  through preservice field experience courses and internships
10  shall meet special requirements.
11         (a)  All instructors in postsecondary teacher
12  preparation programs who instruct or supervise preservice
13  field experience courses or internships shall have at least
14  one of the following: specialized training in clinical
15  supervision; a valid professional teaching certificate
16  pursuant to ss. 231.17 and 231.24; or at least 3 years of
17  successful teaching experience in prekindergarten through
18  grade 12; or a commitment to spend periods of time specified
19  by State Board of Education rule teaching in the public
20  schools.
21         (b)  All school district personnel and instructional
22  personnel who supervise or direct teacher preparation students
23  during field experience courses or internships must have
24  evidence of "clinical educator" training and must successfully
25  demonstrate effective classroom management strategies that
26  consistently result in improved student performance. The
27  Education Standards Commission shall recommend, and the state
28  board shall approve, the training requirements.
29         (c)  Preservice field experience programs must provide
30  specific guidance and demonstration of effective classroom
31  management strategies, strategies for incorporating technology
                                 137
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  into classroom instruction, and ways to link instructional
 2  plans to the Sunshine State Standards, as appropriate. The
 3  length of structured field experiences may be extended to
 4  ensure that candidates achieve the competencies needed to meet
 5  certification requirements.
 6         (d)(c)  Postsecondary teacher preparation programs in
 7  cooperation with district school boards and approved nonpublic
 8  school associations shall select the school sites for
 9  preservice field experience activities. These sites must
10  represent the full spectrum of school communities, including,
11  but not limited to, schools located in urban settings. In
12  order to be selected, school sites must demonstrate commitment
13  to the education of public school students and to the
14  preparation of future teachers. A nonpublic school
15  association, in order to be approved, must have a
16  state-approved master inservice program plan in accordance
17  with s. 236.0811.
18         Section 63.  Section 231.6135, Florida Statutes, is
19  created to read:
20         231.6135  Statewide system for inservice professional
21  development.--The intent of this section is to establish a
22  statewide system of professional development that provides a
23  wide range of targeted inservice training to teachers and
24  administrators designed to upgrade skills and knowledge needed
25  to reach world class standards in education.  The system shall
26  consist of a network of professional development academies in
27  each region of the state that are operated in partnership with
28  area business partners to develop and deliver high-quality
29  training programs purchased by school districts.  The
30  academies shall be established to meet the human resource
31  development needs of professional educators, schools, and
                                 138
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  school districts. Funds appropriated for the initiation of
 2  professional development academies shall be allocated by the
 3  Commissioner of Education, unless otherwise provided in an
 4  appropriations act. To be eligible for startup funds, the
 5  academy must:
 6         (1)  Be established by the collaborative efforts of one
 7  or more district school boards, members of the business
 8  community, and the postsecondary institutions which may award
 9  college credits for courses taught at the academy.
10         (2)  Demonstrate the capacity to provide effective
11  training to improve teaching skills in the areas of elementary
12  reading and mathematics, the use of instructional technology,
13  high school algebra, and classroom management, and to deliver
14  such training using face-to-face, distance learning, and
15  individualized computer-based delivery systems.
16         (3)  Propose a plan for responding in an effective and
17  timely manner to the professional development needs of
18  teachers, administrators, schools, and school districts
19  relating to improving student achievement and meeting state
20  and local education goals.
21         (4)  Demonstrate the ability to provide high-quality
22  trainers and training, appropriate followup and coaching for
23  all participants, and support school personnel in positively
24  impacting student performance.
25         (5)  Be operated under contract with its public
26  partners and governed by an independent board of directors,
27  which should include at least one superintendent and one
28  school board chairman from the participating school districts,
29  the president of the collective bargaining unit that
30  represents the majority of the region's teachers, and at least
31  three individuals who are not employees or elected or
                                 139
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  appointed officials of the participating school districts.
 2         (6)  Be financed during the first year of operation by
 3  an equal or greater match from private funding sources and
 4  demonstrate the ability to be self-supporting within 1 year
 5  after opening through fees for services, grants, or private
 6  contributions.
 7         (7)  Own or lease a facility that can be used to
 8  deliver training onsite and through distance learning and
 9  other technology-based delivery systems. The participating
10  district school boards may lease a site or facility to the
11  academy for a nominal fee and may pay all or part of the costs
12  of renovating a facility to accommodate the academy. The
13  academy is responsible for all operational, maintenance, and
14  repair costs.
15         (8)  Provide professional development services for the
16  participating school districts as specified in the contract
17  and may provide professional development services to other
18  school districts, private schools, and individuals on a
19  fee-for-services basis.
20         Section 64.  Section 231.601, Florida Statutes, is
21  repealed.
22         Section 65.  Section 230.2316, Florida Statutes, 1998
23  Supplement, is amended to read:
24         230.2316  Dropout prevention.--
25         (1)  SHORT TITLE.--This act may be cited as the
26  "Dropout Prevention and Academic Intervention Act."
27         (2)  INTENT.--The Legislature recognizes that a growing
28  proportion of young people are not making successful
29  transitions to productive adult lives. The Legislature further
30  recognizes that traditional education programs which do not
31  meet certain students' educational needs and interests may
                                 140
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  cause these students to become unmotivated, fail, be truant,
 2  be disruptive, or drop out of school. The Legislature finds
 3  that a child who does not complete his or her education is
 4  greatly limited in obtaining gainful employment, achieving his
 5  or her full potential, and becoming a productive member of
 6  society. Therefore, it is the intent of the Legislature to
 7  authorize and encourage district school boards throughout the
 8  state to develop and establish dropout prevention and academic
 9  intervention activities designed to meet the needs of students
10  who do not perform well in traditional educational programs.
11  establish comprehensive dropout prevention programs. These
12  programs shall be designed to meet the needs of students who
13  are not effectively served by conventional education programs
14  in the public school system. It is further the intent of the
15  Legislature that cooperative agreements be developed among
16  school districts, other governmental and private agencies, and
17  community resources in order to implement innovative exemplary
18  programs aimed at reducing the number of students who do not
19  complete their education and increasing the number of students
20  who have a positive experience in school and obtain a high
21  school diploma.
22         (3)  STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--
23         (a)  Dropout prevention and academic intervention
24  programs may shall differ from traditional education programs
25  and schools in scheduling, administrative structure,
26  philosophy, curriculum, or setting and shall employ
27  alternative teaching methodologies, curricula, learning
28  activities, and or diagnostic and assessment procedures in
29  order to meet the needs, interests, abilities, and talents of
30  eligible students. The educational program shall provide
31  curricula, character development and law education as provided
                                 141
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  in s. 233.0612, and related services which support the program
 2  goals and lead to improved performance in the areas of
 3  academic achievement, attendance, and discipline completion of
 4  a high school diploma. Student participation in such programs
 5  shall be voluntary. Districts may, however, assign students to
 6  a program for disruptive students. Notwithstanding any other
 7  provision of law to the contrary, no student shall be
 8  identified as being eligible to receive services funded
 9  through the dropout prevention and academic intervention
10  program based solely on the student being from a single-parent
11  family. The minimum period of time during which the student
12  participates in the program shall be equivalent to two
13  instructional periods per day unless the program utilizes a
14  student support and assistance component rather than regularly
15  scheduled courses.
16         (b)  Students in grades 1-12 4-12 shall be eligible for
17  dropout prevention and academic intervention programs.
18  Eligible dropout prevention students shall be reported in the
19  appropriate basic cost factor for dropout prevention full-time
20  equivalent student membership in the Florida Education Finance
21  Program in standard dropout prevention classes or student
22  support and assistance components which provide academic
23  assistance and coordination of support services to students
24  enrolled full time in a regular classroom. The strategies and
25  supports provided to eligible students shall be funded through
26  the General Appropriations Act and may include, but are not
27  limited to those services identified on the student's academic
28  intervention plan. The student support and assistance
29  component shall include auxiliary services provided to
30  students or teachers, or both. Students participating in this
31  model shall generate funding only for the time that they
                                 142
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  receive extra services or auxiliary help.
 2         (c)  A student shall be identified as being eligible to
 3  receive services funded through the dropout prevention and
 4  academic intervention program a potential dropout based upon
 5  one of the following criteria:
 6         1.  The student is academically unsuccessful as
 7  evidenced by low test scores, retention, failing grades, low
 8  grade point average, falling behind in earning credits, or not
 9  meeting the state or district proficiency levels in reading,
10  mathematics, or writing.
11         2.  The student has a pattern of excessive absenteeism
12  or has been identified as a habitual truant.
13         1.  The student has shown a lack of motivation in
14  school through grades which are not commensurate with
15  documented ability levels or high absenteeism or habitual
16  truancy as defined in s. 228.041(28).
17         2.  The student has not been successful in school as
18  determined by retentions, failing grades, or low achievement
19  test scores and has needs and interests that cannot be met
20  through traditional programs.
21         3.  The student has been identified as a potential
22  school dropout by student services personnel using district
23  criteria. District criteria that are used as a basis for
24  student referral to an educational alternatives program shall
25  identify specific student performance indicators that the
26  educational alternative program seeks to address.
27         4.  The student has documented drug-related or
28  alcohol-related problems, or has immediate family members with
29  documented drug-related or alcohol-related problems that
30  adversely affect the student's performance in school.
31         3. 5.  The student has a history of disruptive behavior
                                 143
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  in school or has committed an offense that warrants
 2  out-of-school suspension or expulsion from school according to
 3  the district code of student conduct. For the purposes of this
 4  program, "disruptive behavior" is behavior that:
 5         a.  Interferes with the student's own learning or the
 6  educational process of others and requires attention and
 7  assistance beyond that which the traditional program can
 8  provide or results in frequent conflicts of a disruptive
 9  nature while the student is under the jurisdiction of the
10  school either in or out of the classroom; or
11         b.  Severely threatens the general welfare of students
12  or others with whom the student comes into contact.
13         6.  The student is assigned to a program provided
14  pursuant to chapter 39, chapter 984, or chapter 985 which is
15  sponsored by a state-based or community-based agency or is
16  operated or contracted for by the Department of Children and
17  Family Services or the Department of Juvenile Justice.
18         (d)1.  "Second chance schools" means school district
19  programs provided through cooperative agreements between the
20  Department of Juvenile Justice, private providers, state or
21  local law enforcement agencies, or other state agencies for
22  students who have been disruptive or violent or who have
23  committed serious offenses.  As partnership programs, second
24  chance schools are eligible for waivers by the Commissioner of
25  Education from chapters 230-235 and 239 and State Board of
26  Education rules that prevent the provision of appropriate
27  educational services to violent, severely disruptive, or
28  delinquent students in small nontraditional settings or in
29  court-adjudicated settings.
30         2.  School districts seeking to enter into a
31  partnership with a private entity or public entity to operate
                                 144
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  a second chance school for disruptive students may apply to
 2  the Department of Education for startup grants from the
 3  Department of Education. These grants must be available for 1
 4  year and must be used to offset the startup costs for
 5  implementing such programs off public school campuses. General
 6  operating funds must be generated through the appropriate
 7  programs of the Florida Education Finance Program. Grants
 8  approved under this program shall be for the full operation of
 9  the school by a private nonprofit or for-profit provider or
10  the public entity. This program must operate under rules
11  adopted by the Department of Education and must be implemented
12  to the extent funded by the Legislature.
13         3. 2.  A student enrolled in a sixth, seventh, eighth,
14  ninth, or tenth grade class may be assigned to a second chance
15  school if the student meets the following criteria:
16         a.  The student is a habitual truant as defined in s.
17  228.041(28).
18         b.  The student's excessive absences have detrimentally
19  affected the student's academic progress and the student may
20  have unique needs that a traditional school setting may not
21  meet.
22         c.  The student's high incidences of truancy have been
23  directly linked to a lack of motivation.
24         d.  The student has been identified as at risk of
25  dropping out of school.
26         4. 3.  A student who is habitually truant may be
27  assigned to a second chance school only if the case staffing
28  committee, established pursuant to s. 984.12, determines that
29  such placement could be beneficial to the student and the
30  criteria included in subparagraph 2. are met.
31         5. 4.  A student may be assigned to a second chance
                                 145
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  school if the school district in which the student resides has
 2  a second chance school and if the student meets one of the
 3  following criteria:
 4         a.  The student habitually exhibits disruptive behavior
 5  in violation of the code of student conduct adopted by the
 6  school board.
 7         b.  The student interferes with the student's own
 8  learning or the educational process of others and requires
 9  attention and assistance beyond that which the traditional
10  program can provide, or, while the student is under the
11  jurisdiction of the school either in or out of the classroom,
12  frequent conflicts of a disruptive nature occur.
13         c.  The student has committed a serious offense which
14  warrants suspension or expulsion from school according to the
15  district code of student conduct.  For the purposes of this
16  program, "serious offense" is behavior which:
17         (I)  Threatens the general welfare of students or
18  others with whom the student comes into contact;
19         (II)  Includes violence;
20         (III)  Includes possession of weapons or drugs; or
21         (IV)  Is harassment or verbal abuse of school personnel
22  or other students.
23         6. 5.  Prior to assignment of students to second chance
24  schools, school boards are encouraged to use alternative
25  programs, such as in-school suspension, which provide
26  instruction and counseling leading to improved student
27  behavior, a reduction in the incidence of truancy, and the
28  development of more effective interpersonal skills.
29         7. 6.  Students assigned to second chance schools must
30  be evaluated by the school's local child study team before
31  placement in a second chance school. The study team shall
                                 146
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  ensure that students are not eligible for placement in a
 2  program for emotionally disturbed children.
 3         8. 7.  Students who exhibit academic and social
 4  progress and who wish to return to a traditional school shall
 5  complete a character development and law education program, as
 6  provided in s. 233.0612, and demonstrate preparedness to
 7  reenter the regular school setting be evaluated by school
 8  district personnel prior to reentering a traditional school.
 9         8.  Second chance schools shall be funded at the
10  dropout prevention program weight pursuant to s. 236.081 and
11  may receive school safety funds or other funds as appropriate.
12         (4)  PROGRAM IMPLEMENTATION.--
13         (a)  Each district may establish one or more
14  alternative programs for dropout prevention and academic
15  intervention programs at the elementary, middle, junior high
16  school, or high school level.  Programs designed to eliminate
17  patterns of excessive absenteeism or habitual truancy shall
18  emphasize academic performance and may provide specific
19  instruction in the areas of vocational education,
20  preemployment training, and behavioral management. Such
21  programs shall utilize instructional teaching methods
22  appropriate to the specific needs of the student.
23         (b)  Each school that establishes or continues a
24  dropout prevention and academic intervention program at that
25  school site shall reflect that program in the school
26  improvement plan as required under s. 230.23(16).
27         (c)  Districts may modify courses listed in the State
28  Course Code Directory for the purpose of providing dropout
29  prevention programs pursuant to the provisions of this
30  section.
31         (5)  EVALUATION.--Each school district receiving state
                                 147
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  funding for dropout prevention and academic intervention
 2  programs through the General Appropriations Act Florida
 3  Education Finance Program shall submit information through an
 4  annual report to the Department of Education's database
 5  documenting the extent to which each of the district's dropout
 6  prevention and academic intervention programs has been
 7  successful in the areas of graduation rate, dropout rate,
 8  attendance rate, and retention/promotion rate. The department
 9  shall compile this information into an annual report which
10  shall be submitted to the presiding officers of the
11  Legislature by February 15.
12         (6)  STAFF DEVELOPMENT.--Each school district shall
13  establish procedures for ensuring that teachers assigned to
14  dropout prevention and academic intervention programs possess
15  the affective, pedagogical, and content-related skills
16  necessary to meet the needs of these at-risk students. Each
17  school board shall also ensure that adequate staff development
18  activities are available for dropout prevention staff and that
19  dropout prevention staff participate in these activities.
20         (7)  RECORDS.--Each district providing a program for
21  dropout prevention and academic intervention program pursuant
22  to the provisions of this section shall maintain for each
23  participating student for whom funding is generated through
24  the Florida Education Finance Program records documenting the
25  student's eligibility, the length of participation, the type
26  of program to which the student was assigned or the type of
27  academic intervention services provided, and an evaluation of
28  the student's academic and behavioral performance while in the
29  program. The school principal or his or her designee shall,
30  prior to placement in a dropout prevention and academic
31  intervention program or the provision of an academic service,
                                 148
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  provide written notice of placement or services by certified
 2  mail, return receipt requested, to the student's parent,
 3  guardian, or legal custodian. The parent, guardian, or legal
 4  custodian of the student shall sign an acknowledgment of the
 5  notice of placement or service and return the signed
 6  acknowledgement to the principal within 3 days after receipt
 7  of the notice. The parents or guardians of a student assigned
 8  to such a dropout prevention and academic intervention program
 9  shall be notified in writing and entitled to an administrative
10  review of any action by school personnel relating to such
11  placement pursuant to the provisions of chapter 120.
12         (8)  COORDINATION WITH OTHER AGENCIES.--School district
13  dropout prevention and academic intervention programs shall be
14  coordinated with social service, law enforcement,
15  prosecutorial, and juvenile justice agencies and juvenile
16  assessment centers in the school district. Notwithstanding the
17  provisions of s. 228.093, these agencies are authorized to
18  exchange information contained in student records and juvenile
19  justice records. Such information is confidential and exempt
20  from the provisions of s. 119.07(1). School districts and
21  other agencies receiving such information shall use the
22  information only for official purposes connected with the
23  certification of students for admission to and for the
24  administration of the dropout prevention and academic
25  intervention program, and shall maintain the confidentiality
26  of such information unless otherwise provided by law or rule.
27         (9)  RULES.--The Department of Education shall have the
28  authority pursuant to ss. 120.536(1) and 120.54 to adopt any
29  rules necessary to implement the provisions of this section;
30  such rules shall require the minimum amount of necessary
31  paperwork and reporting necessary to comply with this act.
                                 149
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         Section 66.  Section 231.085, Florida Statutes, is
 2  amended to read:
 3         231.085  Duties of principals.--A district school board
 4  shall employ, through written contract, public school
 5  principals who shall supervise the operation and management of
 6  the schools and property as the board determines necessary.
 7  Each principal shall perform such duties as may be assigned by
 8  the superintendent pursuant to the rules of the school board.
 9  Such rules shall include, but not be limited to, rules
10  relating to administrative responsibility, instructional
11  leadership of the educational program of the school to which
12  the principal is assigned, submission of personnel
13  recommendations to the superintendent, administrative
14  responsibility for records and reports, administration of
15  corporal punishment, and student suspension.  Each principal
16  shall provide leadership in the development or revision and
17  implementation of a school improvement plan pursuant to s.
18  230.23(16). Each principal must make the necessary provisions
19  to ensure that all school reports are accurate and timely, and
20  must provide the necessary training opportunities for staff to
21  accurately report attendance, FTE program participation,
22  student performance, teacher appraisal, and school safety and
23  discipline data. A principal who fails to comply with this
24  section shall be ineligible for any portion of the performance
25  pay policy incentive under s. 230.23(5)(c).
26         Section 67.  Section 232.001, Florida Statutes, is
27  created to read:
28         232.001  Pilot project.--It is the purpose of this
29  section to require the Manatee County District School Board to
30  implement a pilot project that raises the compulsory age of
31  attendance for children from the age of 16 years to the age of
                                 150
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  18 years. The pilot project applies to each child who has not
 2  attained the age of 16 years by September 30 of the school
 3  year in which a school board policy is adopted.
 4         (1)  Beginning July 1, 1999, the Manatee County
 5  District School Board shall implement a pilot project
 6  consistent with policy adopted by the school board to raise
 7  the compulsory age of attendance for children from the age of
 8  16 years to the age of 18 years.
 9         (2)  The district school board must, before the
10  beginning of the school year, adopt a policy for raising the
11  compulsory age of attendance for children from the age of 16
12  years to 18 years.
13         (a)  Before the adoption of the policy, the district
14  school board must provide a notice of intent to adopt a policy
15  to raise the compulsory age of attendance for children from
16  the age of 16 years to the age of 18 years. The notice must be
17  provided to the parent or legal guardian of each child who is
18  15 years of age and who is enrolled in a school in the
19  district.
20         (b)  Within 2 weeks after adoption of the school board
21  policy, the district school board must provide notice of the
22  policy to the parent or legal guardian of each child who is 15
23  years of age and who is enrolled in a school in the district.
24  The notice must also provide information related to the
25  penalties for refusing or failing to comply with the
26  compulsory attendance requirements and information on
27  alternative education programs offered within the school
28  district.
29         (3)  All state laws and State Board of Education rules
30  related to students subject to compulsory school attendance
31  apply to the district school board. Notwithstanding the
                                 151
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  provisions of s. 232.01, the formal declaration of intent to
 2  terminate school enrollment does not apply to the district
 3  school board.
 4         (4)  The school board must evaluate the effect of its
 5  adopted policy raising the compulsory age of attendance on
 6  school attendance and on the school district's dropout rate,
 7  as well as on the costs associated with the pilot project. The
 8  school district shall report its findings to the President of
 9  the Senate, the Speaker of the House of Representatives, the
10  minority leader of each house of the Legislature, the
11  Governor, and the Commissioner of Education not later than
12  August 1 following each year that the pilot project is in
13  operation.
14         Section 68.  Subsection (2) of section 232.09, Florida
15  Statutes, is amended to read:
16         232.09  Parents and legal guardians responsible for
17  attendance of children; attendance policy.--
18         (2)  Each parent and legal guardian of a child within
19  the compulsory attendance age is responsible for the child's
20  school attendance as required by law.  The absence of a child
21  from school is prima facie evidence of a violation of this
22  section; however, criminal prosecution under this chapter may
23  not be brought against a parent, guardian, or other person
24  having control of the child until the provisions of s.
25  232.17(2) have been complied with. A parent or guardian of a
26  child is not responsible for the child's nonattendance at
27  school under any of the following conditions:
28         (a)  With permission.--The absence was with permission
29  of the head of the school; or
30         (b)  Without knowledge.--The absence was without the
31  parent's knowledge, consent, or connivance, in which case the
                                 152
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  child shall be dealt with as a dependent child; or
 2         (c)  Financial inability.--The parent was unable
 3  financially to provide necessary clothes for the child, which
 4  inability was reported in writing to the superintendent prior
 5  to the opening of school or immediately after the beginning of
 6  such inability; provided, that the validity of any claim for
 7  exemption under this subsection shall be determined by the
 8  superintendent subject to appeal to the school board; or
 9         (d)  Sickness, injury, or other insurmountable
10  condition.--Attendance was impracticable or inadvisable on
11  account of sickness or injury, attested to by a written
12  statement of a licensed practicing physician, or was
13  impracticable because of some other stated insurmountable
14  condition as defined by rules of the state board. If a student
15  is continually sick and repeatedly absent from school, he or
16  she must be under the supervision of a physician in order to
17  receive an excuse from attendance. Such excuse provides that a
18  student's condition justifies absence for more than the number
19  of days permitted by the district school board.
20
21  Each district school board shall establish an attendance
22  policy which includes, but is not limited to, the required
23  number of days each school year that a student must be in
24  attendance and the number of absences and tardinesses after
25  which a statement explaining such absences and tardinesses
26  must be on file at the school.  Each school in the district
27  must determine if an absence or tardiness is excused or
28  unexcused according to criteria established by the district
29  school board.
30         Section 69.  Section 232.17, Florida Statutes, 1998
31  Supplement, is amended to read:
                                 153
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         232.17  Enforcement of school attendance.--The
 2  Legislature finds that poor academic performance is associated
 3  with nonattendance and that schools must take an active role
 4  in enforcing attendance as a means of improving the
 5  performance of many students. It is the policy of the state
 6  that the superintendent of each school district be responsible
 7  for enforcing school attendance of all children and youth
 8  subject to the compulsory school age in the school district.
 9  The responsibility includes recommending to the school board
10  policies and procedures to ensure that schools respond in a
11  timely manner to every unexcused absence, or absence for which
12  the reason is unknown, of students enrolled in the schools.
13  School board policies must require each parent or guardian of
14  a student to justify each absence of the student, and that
15  justification will be evaluated based on adopted school board
16  policies that define excused and unexcused absences. The
17  policies must provide that schools track excused and unexcused
18  absences and contact the home in the case of an unexcused
19  absence from school, or an absence from school for which the
20  reason is unknown, to prevent the development of patterns of
21  nonattendance. The Legislature finds that early intervention
22  in school attendance matters is the most effective way of
23  producing good attendance habits that will lead to improved
24  student learning and achievement. Each public school shall
25  implement the following steps to enforce regular school
26  attendance:
27         (1)  CONTACT, REFER, AND ENFORCE.--
28         (a)  Upon each unexcused absence, or absence for which
29  the reason is unknown, the school principal or his or her
30  designee shall contact the student's parent or guardian to
31  determine the reason for the absence. If the absence is an
                                 154
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  excused absence, as defined by school board policy, the school
 2  shall provide opportunities for the student to make up
 3  assigned work and not receive an academic penalty unless the
 4  work is not made up within a reasonable time.
 5         (b)  If a student has had at least five unexcused
 6  absences, or absences for which the reasons are unknown,
 7  within a calendar month or 10 unexcused absences, or absences
 8  for which the reasons are unknown, within a 90-calendar-day
 9  period, the student's primary teacher shall report to the
10  school principal or his or her designee that the student may
11  be exhibiting a pattern of nonattendance. The principal shall,
12  unless there is clear evidence that the absences are not a
13  pattern of nonattendance, refer the case to the school's child
14  study team to determine if early patterns of truancy are
15  developing. If the child study team finds that a pattern of
16  nonattendance is developing, whether the absences are excused
17  or not, a meeting with the parent must be scheduled to
18  identify potential remedies.
19         (c)  If an initial meeting does not resolve the
20  problem, the child study team shall implement interventions
21  that best address the problem. The interventions may include,
22  but need not be limited to:
23         1.  Frequent communication between the teacher and the
24  family;
25         2.  Changes in the learning environment;
26         3.  Mentoring;
27         4.  Student counseling;
28         5.  Tutoring, including peer tutoring;
29         6.  Placement into different classes;
30         7.  Evaluation for alternative education programs;
31         8.  Attendance contracts;
                                 155
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         9.  Referral to other agencies for family services; or
 2         10.  Other interventions.
 3         (d)  The child study team shall be diligent in
 4  facilitating intervention services and shall report the case
 5  to the superintendent only when all reasonable efforts to
 6  resolve the nonattendance behavior are exhausted.
 7         (e)  If the parent, guardian, or other person in charge
 8  of the child refuses to participate in the remedial strategies
 9  because he or she believes that those strategies are
10  unnecessary or inappropriate, the parent, guardian, or other
11  person in charge of the child may appeal to the school board.
12  The school board may provide a hearing officer and the hearing
13  officer shall make a recommendation for final action to the
14  board. If the board's final determination is that the
15  strategies of the child study team are appropriate, and the
16  parent, guardian, or other person in charge of the child still
17  refuses to participate or cooperate, the superintendent may
18  seek criminal prosecution for noncompliance with compulsory
19  school attendance.
20         (f)  If a child subject to compulsory school attendance
21  will not comply with attempts to enforce school attendance,
22  the parent, the guardian, or the superintendent or his or her
23  designee shall refer the case to the case staffing committee
24  pursuant to s. 984.12, and the superintendent or his or her
25  designee may file a truancy petition pursuant to the
26  procedures in s. 984.151. Pursuant to procedures established
27  by the district school board, a designated school
28  representative must complete activities designed to determine
29  the cause and attempt the remediation of truant behavior, as
30  provided in this section.
31         (1)  INVESTIGATE NONENROLLMENT AND UNEXCUSED
                                 156
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  ABSENCES.--A designated school representative shall
 2  investigate cases of nonenrollment and unexcused absences from
 3  school of all children subject to compulsory school
 4  attendance.
 5         (2)  GIVE WRITTEN NOTICE.--
 6         (a)  Under the direction of the superintendent, a
 7  designated school representative shall give written notice, in
 8  person or by return-receipt mail, to the parent, guardian, or
 9  other person having control when no valid reason is found for
10  a child's nonenrollment in school which requires or when the
11  child has a minimum of 3 but fewer than 6 unexcused absences
12  within 90 calendar days, requiring enrollment or attendance
13  within 3 days after the date of notice. If the notice and
14  requirement are ignored, the designated school representative
15  shall report the case to the superintendent, and may refer the
16  case to the case staffing committee, established pursuant to
17  s. 984.12, if the conditions of s. 232.19(3) have been met.
18  The superintendent shall may take such steps as are necessary
19  to bring criminal prosecution against the parent, guardian, or
20  other person having control.
21         (b)  Subsequent to the activities required under
22  subsection (1), the superintendent or his or her designee
23  shall give written notice in person or by return-receipt mail
24  to the parent, guardian, or other person in charge of the
25  child that criminal prosecution is being sought for
26  nonattendance. The superintendent may file a truancy petition,
27  as defined in s. 984.03, following the procedures outlined in
28  s. 984.151.
29         (3)  RETURN CHILD TO PARENT.--A designated school
30  representative shall visit the home or place of residence of a
31  child and any other place in which he or she is likely to find
                                 157
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  any child who is required to attend school when such child is
 2  not enrolled or is absent from school during school hours
 3  without an excuse, and, when the child is found, shall return
 4  the child to his or her parent or to the principal or teacher
 5  in charge of the school, or to the private tutor from whom
 6  absent, or to the juvenile assessment center or other location
 7  established by the school board to receive students who are
 8  absent from school. Upon receipt of the student, the parent
 9  shall be immediately notified.
10         (4)  REPORT TO THE DIVISION OF JOBS AND BENEFITS.--A
11  designated school representative shall report to the Division
12  of Jobs and Benefits of the Department of Labor and Employment
13  Security or to any person acting in similar capacity who may
14  be designated by law to receive such notices, all violations
15  of the Child Labor Law that may come to his or her knowledge.
16         (5)  RIGHT TO INSPECT.--A designated school
17  representative shall have the same right of access to, and
18  inspection of, establishments where minors may be employed or
19  detained as is given by law to the Division of Jobs and
20  Benefits only for the purpose of ascertaining whether children
21  of compulsory school age are actually employed there and are
22  actually working there regularly. The designated school
23  representative shall, if he or she finds unsatisfactory
24  working conditions or violations of the Child Labor Law,
25  report his or her findings to the Division of Jobs and
26  Benefits or its agents.
27         (6)  RESUMING SERIES.--If a child repeats a pattern of
28  nonattendance within one school year, the designated school
29  representative shall resume the series of escalating
30  activities at the point at which he or she had previously left
31  off.
                                 158
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         Section 70.  Subsection (3) of section 232.19, Florida
 2  Statutes, 1998 Supplement, is amended to read:
 3         232.19  Court procedure and penalties.--The court
 4  procedure and penalties for the enforcement of the provisions
 5  of this chapter, relating to compulsory school attendance,
 6  shall be as follows:
 7         (3)  HABITUAL TRUANCY CASES.--The superintendent is
 8  authorized to file a truancy petition, as defined in s.
 9  984.03, following the procedures outlined in s. 984.151. If
10  the superintendent chooses not to file a truancy petition,
11  procedures for filing a child-in-need-of-services petition
12  shall be commenced pursuant to this subsection and chapter
13  984. In accordance with procedures established by the district
14  school board, the designated school representative shall refer
15  a student who is habitually truant and the student's family to
16  the children-in-need-of-services and
17  families-in-need-of-services provider or the case staffing
18  committee, established pursuant to s. 984.12, as determined by
19  the cooperative agreement required in this section.  The case
20  staffing committee may request the Department of Juvenile
21  Justice or its designee to file a child-in-need-of-services
22  petition based upon the report and efforts of the school
23  district or other community agency or may seek to resolve the
24  truant behavior through the school or community-based
25  organizations or agencies. Prior to and subsequent to the
26  filing of a child-in-need-of-services petition due to habitual
27  truancy, the appropriate governmental agencies must allow a
28  reasonable time to complete actions required by this section
29  and s. 232.17 subsection to remedy the conditions leading to
30  the truant behavior. The following criteria must be met and
31  documented in writing Prior to the filing of a petition, the
                                 159
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  school district must have complied with the requirements of s.
 2  232.17, and those efforts must have been unsuccessful.:
 3         (a)  The child must have 15 unexcused absences within
 4  90 calendar days with or without the knowledge or consent of
 5  the child's parent or legal guardian, must be subject to
 6  compulsory school attendance, and must not be exempt under s.
 7  232.06, s. 232.09, or any other exemption specified by law or
 8  the rules of the State Board of Education.
 9         (b)  In addition to the actions described in s. 232.17,
10  the school administration must have completed the following
11  activities to determine the cause, and to attempt the
12  remediation, of the child's truant behavior:
13         1.  After a minimum of 3 and prior to 6 unexcused
14  absences within 90 calendar days, one or more meetings must
15  have been held, either in person or by phone, between a
16  designated school representative, the child's parent or
17  guardian, and the child, if necessary, to report and to
18  attempt to solve the truancy problem. However, if the
19  designated school representative has documented the refusal of
20  the parent or guardian to participate in the meetings, this
21  requirement has been met.
22         2.  Educational counseling must have been provided to
23  determine whether curriculum changes would help solve the
24  truancy problem, and, if any changes were indicated, such
25  changes must have been instituted but proved unsuccessful in
26  remedying the truant behavior. Such curriculum changes may
27  include enrollment of the child in a dropout prevention
28  program that meets the specific educational and behavioral
29  needs of the child, including a second chance school, as
30  provided for in s. 230.2316, designed to resolve truant
31  behavior.
                                 160
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         3.  Educational evaluation, which may include
 2  psychological evaluation, must have been provided to assist in
 3  determining the specific condition, if any, that is
 4  contributing to the child's nonattendance.  The evaluation
 5  must have been supplemented by specific efforts by the school
 6  to remedy any diagnosed condition.
 7
 8  If a child who is subject to compulsory school attendance is
 9  responsive to the interventions described in this paragraph
10  and has completed the necessary requirements to pass the
11  current grade as indicated in the district pupil progression
12  plan, the child shall be passed.
13         Section 71.  Subsection (3) of section 232.271, Florida
14  Statutes, is amended to read:
15         232.271  Removal by teacher.--
16         (3)  If a teacher removes a student from class under
17  subsection (2), the principal may place the student in another
18  appropriate classroom, in in-school suspension, or in a
19  dropout prevention and academic intervention program as
20  provided by s. 230.2316; or the principal may recommend the
21  student for out-of-school suspension or expulsion, as
22  appropriate. The student may be prohibited from attending or
23  participating in school-sponsored or school-related
24  activities. The principal may not return the student to that
25  teacher's class without the teacher's consent unless the
26  committee established under s. 232.272 determines that such
27  placement is the best or only available alternative. The
28  teacher and the placement review committee must render
29  decisions within 5 days of the removal of the student from the
30  classroom.
31         Section 72.  Effective July 1, 1999, paragraph (a) of
                                 161
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  subsection (1) of section 236.081, Florida Statutes, 1998
 2  Supplement, is amended to read:
 3         236.081  Funds for operation of schools.--If the annual
 4  allocation from the Florida Education Finance Program to each
 5  district for operation of schools is not determined in the
 6  annual appropriations act or the substantive bill implementing
 7  the annual appropriations act, it shall be determined as
 8  follows:
 9         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
10  OPERATION.--The following procedure shall be followed in
11  determining the annual allocation to each district for
12  operation:
13         (a)  Determination of full-time equivalent
14  membership.--During each of several school weeks, including
15  scheduled intersessions of a year-round school program during
16  the fiscal year, a program membership survey of each school
17  shall be made by each district by aggregating the full-time
18  equivalent student membership of each program by school and by
19  district. The department shall establish the number and
20  interval of membership calculations, except that for basic and
21  special programs such calculations shall not exceed nine for
22  any fiscal year. The district's full-time equivalent
23  membership shall be computed and currently maintained in
24  accordance with regulations of the commissioner. Beginning
25  with the 1999-2000 school year, each school district shall
26  also document the daily attendance of each student in
27  membership by school and by district. An average daily
28  attendance factor shall be computed by dividing the total
29  daily attendance of all students by the total number of
30  students in membership and then by the number of days in the
31  regular school year. Beginning with the 2001-2002 school year,
                                 162
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  the district's full-time equivalent membership shall be
 2  adjusted by multiplying by the average daily attendance
 3  factor.
 4         Section 73.  Paragraph (a) of subsection (4) of section
 5  239.505, Florida Statutes, is amended to read:
 6         239.505  Florida Constructive Youth Programs.--
 7         (4)  FUNDING.--Each district school board or community
 8  college board of trustees wishing to implement a constructive
 9  youth program must submit a comprehensive plan to the
10  Department of Education no later than October 1 of the
11  preceding school year, which plan must include a list of all
12  funding sources, including, but not limited to:
13         (a)  Funds available for programs authorized under the
14  Dropout Prevention and Academic Intervention Act, as provided
15  in s. 230.2316, and Dropout prevention programs funded
16  pursuant to the provisions of s. 236.081(1)(c).
17         Section 74.  Subsection (29) of section 984.03, Florida
18  Statutes, 1998 Supplement, is amended, present subsection (57)
19  of that section is redesignated as subsection (58), and a new
20  subsection (57) is added to that section, to read:
21         984.03  Definitions.--When used in this chapter, the
22  term:
23         (29)  "Habitually truant" means that:
24         (a)  The child has 15 unexcused absences within 90
25  calendar days with or without the knowledge or justifiable
26  consent of the child's parent or legal guardian, is subject to
27  compulsory school attendance under s. 232.01, and is not
28  exempt under s. 232.06, s. 232.09, or any other exemptions
29  specified by law or the rules of the State Board of Education.
30         (b)  Escalating Activities to determine the cause, and
31  to attempt the remediation, of the child's truant behavior
                                 163
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  under ss. 232.17 and 232.19 have been completed.
 2
 3  If a child who is subject to compulsory school attendance is
 4  responsive to the interventions described in ss. 232.17 and
 5  232.19 and has completed the necessary requirements to pass
 6  the current grade as indicated in the district pupil
 7  progression plan, the child shall not be determined to be
 8  habitually truant and shall be passed. If a child within the
 9  compulsory school attendance age has 15 unexcused absences
10  within 90 calendar days or fails to enroll in school, the
11  State Attorney may, or the appropriate jurisdictional agency
12  shall, file a child-in-need-of-services petition if
13  recommended by the case staffing committee, unless it is
14  determined that another alternative action is preferable.
15  Prior to filing a petition, the child must be referred to the
16  appropriate agency for evaluation. After consulting with the
17  evaluating agency, the State Attorney may elect to file a
18  child-in-need-of-services petition.
19         (c)  A school representative, designated according to
20  school board policy, and a juvenile probation officer of the
21  Department of Juvenile Justice have jointly investigated the
22  truancy problem or, if that was not feasible, have performed
23  separate investigations to identify conditions that may be
24  contributing to the truant behavior; and if, after a joint
25  staffing of the case to determine the necessity for services,
26  such services were determined to be needed, the persons who
27  performed the investigations met jointly with the family and
28  child to discuss any referral to appropriate community
29  agencies for economic services, family or individual
30  counseling, or other services required to remedy the
31  conditions that are contributing to the truant behavior.
                                 164
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         (d)  The failure or refusal of the parent or legal
 2  guardian or the child to participate, or make a good faith
 3  effort to participate, in the activities prescribed to remedy
 4  the truant behavior, or the failure or refusal of the child to
 5  return to school after participation in activities required by
 6  this subsection, or the failure of the child to stop the
 7  truant behavior after the school administration and the
 8  Department of Juvenile Justice have worked with the child as
 9  described in s. 232.19(3) and (4) shall be handled as
10  prescribed in s. 232.19.
11         (57)  "Truancy petition" means a petition filed by the
12  school superintendent alleging that a student subject to
13  compulsory school attendance has had more than 15 unexcused
14  absences in a 90-calendar-day period. A truancy petition is
15  filed and processed under s. 984.151.
16         Section 75.  Section 984.151, Florida Statutes, is
17  created to read:
18         984.151  Truancy petition; prosecution; disposition.--
19         (1)  If the school determines that a student subject to
20  compulsory school attendance has had more than 15 unexcused
21  absences in a 90-calendar-day period, the superintendent may
22  file a truancy petition.
23         (2)  The petition shall be filed in the circuit in
24  which the student is enrolled in school.
25         (3)  Original jurisdiction to hear a truancy petition
26  shall be in the circuit court; however, the circuit court may
27  use a general or special master pursuant to Supreme Court
28  rules.
29         (4)  The petition must contain the following:  the
30  name, age, and address of the student; the name and address of
31  the student's parent or guardian; the school where the student
                                 165
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  is enrolled; the efforts the school has made to get the
 2  student to attend school; the number of out-of-school contacts
 3  between the school system and student's parent or guardian;
 4  and the number of days and dates of days the student has
 5  missed school.  The petition shall be sworn to by the
 6  superintendent or his or her designee.
 7         (5)  Once the petition is filed, the court shall hear
 8  the petition within 30 days.
 9         (6)  The student and the student's parent or guardian
10  shall attend the hearing.
11         (7)  If the court determines that the student did miss
12  any of the alleged days, the court shall order the student to
13  attend school and the parent to ensure that the student
14  attends school, and may order any of the following:  the
15  student to participate in alternative sanctions to include
16  mandatory attendance at alternative classes to be followed by
17  mandatory community services hours for a period up to 6
18  months; the student and the student's parent or guardian to
19  participate in homemaker or parent aide services; the student
20  or the student's parent or guardian to participate in
21  intensive crisis counseling; the student or the student's
22  parent or guardian to participate in community mental health
23  services if available and applicable; the student and the
24  student's parent or guardian to participate in service
25  provided by voluntary or community agencies as available; and
26  the student or the student's parent or guardian to participate
27  in vocational, job training, or employment services.
28         (8)  If the student does not successfully complete the
29  sanctions ordered in subsection (7), the case shall be
30  referred to the case staffing committee under s. 984.12 with a
31  recommendation to file a child-in-need-of-services petition
                                 166
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1  under s. 984.15.
 2         Section 76.  The State Board of Education shall adopt
 3  such rules as necessary to ensure that not-for-profit,
 4  professional teacher associations which offer membership to
 5  all teachers, noninstructional personnel, and administrators,
 6  and which offer teacher training and staff development at no
 7  fee to the district shall be given equal access to voluntary
 8  teacher meetings, be provided access to teacher mailboxes for
 9  distribution of professional literature, and be authorized to
10  collect voluntary membership fees through payroll deduction.
11         Section 77.  If any provision of this act or the
12  application thereof to any person or circumstance is held
13  invalid, the invalidity shall not affect other provisions or
14  applications of the act which can be given effect without the
15  invalid provision or application, and to this end the
16  provisions of this act are declared severable.
17         Section 78.  Except as otherwise provided herein, this
18  act shall take effect upon becoming a law.
19
20
21  ================ T I T L E   A M E N D M E N T ===============
22  And the title is amended as follows:
23  remove from the title of the bill:  everything before the
24  enacting clause
25
26  and insert in lieu thereof:
27                      A bill to be entitled
28         An act relating to education; amending s.
29         229.0535, F.S.; revising provisions relating to
30         the authority of the State Board of Education
31         to enforce school improvement; creating s.
                                 167
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         229.0537, F.S.; providing findings and intent;
 2         requiring private school opportunity
 3         scholarships to be provided to certain public
 4         school students; providing student eligibility
 5         requirements; providing school district
 6         requirements; providing an alternative to
 7         accepting a state opportunity scholarship;
 8         providing private school eligibility criteria;
 9         providing student attendance requirements;
10         providing parental involvement requirements;
11         providing a district reporting requirement;
12         providing for calculation of the amount and
13         distribution of state opportunity scholarship
14         funds; providing an exemption from liability;
15         authorizing the adoption of rules; establishing
16         a pilot scholarship program for students with
17         disabilities; amending s. 229.512, F.S.;
18         revising provisions relating to the authority
19         of the Commissioner of Education regarding the
20         implementation of the program of school
21         improvement and education accountability;
22         amending s. 229.555, F.S., relating to
23         educational planning and information systems;
24         revising to conform; providing requirements
25         regarding electronic transfer of data; amending
26         s. 229.565, F.S.; eliminating the requirement
27         that the Commissioner of Education designate
28         program categories and grade levels for which
29         performance standards are to be approved;
30         amending s. 229.57, F.S.; revising the purpose
31         of the student assessment program; requiring
                                 168
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         the Department of Education to develop a system
 2         to measure annual pupil progress; requiring the
 3         statewide assessment program to include
 4         science; revising provisions relating to the
 5         administration of the National Assessment of
 6         Educational Progress; revising the statewide
 7         assessment program; revising requirements
 8         relating to the annual report of the results of
 9         the statewide assessment program; providing for
10         the identification of schools by performance
11         grade category according to student and school
12         performance data; providing for the
13         identification of school improvement ratings;
14         amending s. 229.58, F.S.; removing a reference
15         to the Florida Commission on Education Reform
16         and Accountability; amending s. 229.591, F.S.;
17         revising provisions relating to the system of
18         school improvement and education accountability
19         to reflect that students are not required to
20         attend schools designated in a certain
21         performance grade category; revising the state
22         education goals; amending s. 229.592, F.S.,
23         relating to the implementation of the state
24         system of school improvement and education
25         accountability; deleting references to the
26         Florida Commission on Education Reform and
27         Accountability; removing obsolete provisions;
28         deleting the requirement that the Commissioner
29         of Education appear before the Legislature;
30         revising duties of the Department of Education;
31         providing for a community assessment team;
                                 169
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         revising duties of the State Board of
 2         Education; revising provisions relating to
 3         waivers from statutes; conforming cross
 4         references; repealing ss. 229.593 and 229.594,
 5         F.S., relating to the Florida Commission on
 6         Education Reform and Accountability; amending
 7         s. 229.595, F.S., relating to the
 8         implementation of the state system of
 9         educational accountability for school-to-work
10         transition; revising provisions relating to the
11         assessment of readiness to enter the workforce;
12         removing a reference to the Florida Commission
13         on Education Reform and Accountability;
14         amending s. 230.23, F.S., relating to powers
15         and duties of school boards; revising
16         provisions relating to the compensation and
17         salary schedules of school employees; requiring
18         certain performance-based pay for specified
19         school personnel; revising provisions relating
20         to courses of study and other instructional
21         aids to include the term "instructional
22         materials"; specifying content of school
23         improvement plans; revising school board duties
24         regarding the implementation and enforcement of
25         school improvement and accountability; revising
26         policies regarding public disclosure; requiring
27         school board adoption of certain policies;
28         authorizing school boards to declare an
29         emergency under certain circumstances; amending
30         s. 231.2905, F.S.; revising provisions of the
31         Florida School Recognition Program relating to
                                 170
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         financial awards based on employee performance;
 2         revising initial criteria for identification of
 3         schools; amending s. 232.245, F.S.; relating to
 4         pupil progression; revising requirements
 5         relating to the provision of remedial
 6         instruction; prohibiting social promotion;
 7         providing requirements for the use of resources
 8         for remedial instruction; requiring the
 9         adoption of rules regarding pupil progression;
10         eliminating requirements relating to student
11         academic improvement plans; deleting
12         duplicative requirements relating to mandatory
13         remedial reading instruction; amending s.
14         228.053, F.S.; relating to developmental
15         research schools; eliminating references to
16         Blueprint 2000; conforming cross references;
17         amending s. 228.054, F.S., relating to the
18         Joint Developmental Research School Planning,
19         Articulation, and Evaluation Committee;
20         conforming a cross reference; amending s.
21         233.17, F.S., relating to the term of adoption
22         of instructional materials; conforming cross
23         references; amending s. 236.685, F.S., relating
24         to educational funding accountability;
25         conforming a cross reference; amending s.
26         20.15, F.S.; deleting reference to the Florida
27         Education Reform and Accountability Commission;
28         creating s. 236.08104, F.S.; establishing a
29         supplemental academic instruction categorical
30         fund; providing findings and intent; providing
31         requirements for the use of funds; authorizing
                                 171
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         the Florida State University School to expend
 2         certain funds for student remediation; amending
 3         s. 236.013, F.S.; eliminating certain
 4         provisions relating to calculations of the
 5         equivalent of a full-time student; revising
 6         provisions relating to membership in programs
 7         scheduled for more than 180 days; amending s.
 8         239.101, F.S., relating to career education;
 9         conforming cross references; amending s.
10         239.229, F.S., relating to vocational
11         standards; conforming cross references;
12         amending s. 24.121, F.S.; specifying conditions
13         for withholding allocations from the
14         Educational Enhancement Trust Fund; amending s.
15         228.0565, F.S., relating to deregulated public
16         schools; revising elements of an annual report;
17         reenacting s. 120.81(1)(b), F.S., relating to
18         tests, test scoring criteria, or testing
19         procedures, s. 228.301(1), F.S., relating to
20         test security, s. 229.551(1)(c) and (3), F.S.,
21         relating to educational management, s.
22         230.03(4), F.S., relating to school district
23         management, control, operation, administration,
24         and supervision, s. 231.24(3)(a), F.S.,
25         relating to the process for renewal of
26         professional certificates, s. 231.36(3)(e) and
27         (f), F.S., relating to contracts with
28         instructional staff, supervisors, and
29         principals, s. 232.2454(1), F.S., relating to
30         district student performance standards,
31         instruments, and assessment procedures;
                                 172
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         reenacting and amending s. 232.246, F.S.;
 2         revising general requirements for high school
 3         graduation; reenacting s. 232.248, F.S.,
 4         relating to confidentiality of assessment
 5         instruments, s. 232.2481(1), F.S., relating to
 6         graduation and promotion requirements for
 7         publicly operated schools, s. 233.09(4), F.S.,
 8         relating to duties of instructional materials
 9         committees, s. 233.165(1)(b), F.S., relating to
10         the selection of instructional materials, s.
11         233.25(3)(b), F.S., relating to publishers and
12         manufacturers of instructional materials, s.
13         239.229(3), F.S., relating to vocational
14         standards, s. 240.118(4), F.S., relating to
15         postsecondary feedback of information to high
16         schools, to incorporate references; amending s.
17         228.041, F.S.; redefining the terms "dropout,"
18         "graduation rate," and "dropout rate"; amending
19         s. 228.056, F.S., relating to charter schools;
20         conforming provisions relating to assessment;
21         creating s. 231.002, F.S.; stating an intent to
22         increase standards for the preparation,
23         certification, and professional development of
24         educators; directing the Department of
25         Education to review statutes and rules
26         governing certification to increase efficiency,
27         rigor, and alternatives in the certification
28         process; requiring a report; amending s.
29         231.02, F.S.; correcting a reference; amending
30         s. 231.0861, F.S.; requiring the State Board of
31         Education to approve criteria for selection of
                                 173
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         certain administrative personnel; authorizing
 2         school districts to contract with private
 3         entities for evaluation and training of such
 4         personnel; amending s. 231.085, F.S.;
 5         specifying principals' responsibilities for
 6         assessing performance of school personnel and
 7         implementing the Sunshine State Standards;
 8         amending s. 231.087, F.S.; requiring the State
 9         Board of Education to adopt rules governing the
10         training of school district management
11         personnel; providing for review and repeal of
12         the Management Training Act; requiring
13         recommendations; amending s. 231.09, F.S.;
14         prescribing duties of instructional personnel;
15         amending s. 231.096, F.S.; requiring a school
16         board plan to ensure the competency of teachers
17         with out-of-field teaching assignments;
18         amending s. 231.145, F.S.; revising purpose to
19         reflect increased requirements for
20         certification; amending s. 231.15, F.S.;
21         authorizing certification based on demonstrated
22         competencies; requiring rules of the State
23         Board of Education to specify certain
24         competencies; requiring consultation with
25         postsecondary education boards; amending s.
26         231.17, F.S.; revising prerequisites for
27         certification; requiring demonstration of
28         general knowledge before temporary
29         certification; increasing the requirement that
30         teachers know and use mathematics, technology,
31         and intervention strategies with students;
                                 174
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         deleting alternative ways to demonstrate
 2         general knowledge competency; amending s.
 3         231.1725, F.S.; providing legal protections for
 4         clinical field experience students; amending s.
 5         231.174, F.S., relating to district programs
 6         for adding certification coverages; removing
 7         limitation to specific certification areas;
 8         amending s. 231.29, F.S.; requiring certain
 9         personnel-performance assessments to be
10         primarily based on student performance;
11         revising the assessment procedure for certain
12         school district personnel; requiring certain
13         review and testing of employees of schools in
14         performance grade categories "D" and "F";
15         amending s. 231.36, F.S.; authorizing the State
16         Board of Education to define certain terms by
17         rule; amending s. 231.546, F.S.; specifying
18         duties of the Education Standards Commission;
19         amending s. 231.600, F.S.; prescribing the
20         responsibilities of school district
21         professional development programs; amending s.
22         236.08106, F.S.; providing for the distribution
23         of Excellent Teaching Program funds; deleting
24         certain district incentives; authorizing the
25         withholding of wages as repayment; amending s.
26         240.529, F.S.; requiring the commissioner to
27         appoint a Teacher Preparation Program Committee
28         to recommend core curricula for state-approved
29         teacher preparation programs; requiring a
30         report; requiring the State Board of Education
31         to adopt rules establishing uniform core
                                 175
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         curricula; revising criteria for initial and
 2         continuing approval of teacher preparation
 3         programs; increasing the requirements for a
 4         student to enroll in and graduate from a
 5         teacher education program; requiring annual
 6         reports of program performance; providing
 7         additional legislative intent related to
 8         teacher preparation programs; providing the
 9         criteria for continued program approval;
10         providing for the requirements for instructors
11         in postsecondary teacher preparation programs
12         who instruct or supervise preservice field
13         experience courses or internships; eliminating
14         the requirement related to a commitment to
15         teaching in the public schools for a period of
16         time; providing additional requirements for
17         school district and instructional personnel who
18         supervise or direct certain teacher preparation
19         students; creating s. 231.6135, F.S.;
20         establishing a statewide system for inservice
21         professional development; authorizing
22         professional development academies to meet
23         human resource development and education
24         instruction training needs of educators,
25         school, and school districts; providing for
26         organization and operation by public and
27         private partners; providing for funding;
28         specifying duties of the Commissioner of
29         Education; repealing s. 231.601, F.S., relating
30         to purpose of inservice training for
31         instructional personnel; amending s. 230.2316,
                                 176
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         F.S.; providing for a dropout prevention and
 2         academic intervention program; revising intent
 3         of program; revising eligibility criteria;
 4         expanding eligible students to grades 1-12;
 5         revising reporting requirements for district
 6         evaluation; providing procedures for notice to
 7         and response from a parent, guardian, or legal
 8         custodian prior to placement in a program or
 9         the provision of services to the student;
10         amending s. 231.085, F.S.; requiring principals
11         to ensure the accuracy and timeliness of school
12         reports; requiring principals to provide staff
13         training opportunities; providing sanctions for
14         noncompliance; creating s. 232.001, F.S.;
15         requiring the Manatee County District School
16         Board to establish a pilot project to raise the
17         compulsory age of attendance for children;
18         providing requirements for the school board;
19         providing for the applicability of state law
20         and State Board of Education rule; providing an
21         exception from the provisions relating to a
22         declaration of intent to terminate school
23         enrollment; requiring a study; amending s.
24         232.09, F.S.; limiting application to certain
25         criminal proceedings; amending s. 232.17, F.S.;
26         providing legislative findings; placing
27         responsibility on school district
28         superintendents for enforcing attendance;
29         establishing requirements for school board
30         policies; revising the current steps for
31         enforcing regular school attendance; requiring
                                 177
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         public schools to follow the steps;
 2         establishing the requirements for school
 3         principals, primary teachers, child study
 4         teams, and parents; providing for parents to
 5         appeal; allowing the superintendent to seek
 6         criminal prosecution for parental
 7         noncompliance; requiring the superintendent,
 8         parent, or guardian to file certain petitions
 9         involving ungovernable children in certain
10         circumstances; requiring the superintendent to
11         provide the court with certain evidence;
12         allowing for court enforcement for children who
13         refuse to comply; revising the notice
14         requirements to parents, guardians, or others;
15         eliminating a current condition for notice;
16         eliminating the option for referral to case
17         staffing committees; requiring the
18         superintendent to take steps to bring about
19         criminal prosecution and requiring related
20         notice; authorizing the superintendent to file
21         truancy petitions; allowing for the return of
22         absent children to additional locations;
23         requiring parental notification; amending s.
24         232.19, F.S., relating to habitual truancy;
25         authorizing superintendents to file truancy
26         petitions; requiring that a court order for
27         school attendance be obtained as a part of
28         services; revising the requirements that must
29         be met prior to filing a petition; amending s.
30         232.271, F.S.; revising references; amending s.
31         236.081, F.S.; amending procedures that must be
                                 178
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         followed in determining the annual allocation
 2         to each school district for operation;
 3         requiring the average daily attendance of the
 4         student membership to be calculated by school
 5         and by district; amending s. 239.505, F.S.;
 6         revising provisions relating to funding of
 7         constructive youth programs; amending s.
 8         984.03, F.S.; redefining the term "habitual
 9         truant"; requiring the state attorney to file a
10         child-in-need-of-services petition in certain
11         circumstances; eliminating the requirement for
12         referral for evaluation; defining the term
13         "truancy petition"; creating s. 984.151, F.S.;
14         providing procedures for truancy petitions;
15         providing for truancy hearings and penalties;
16         requiring the State Board of Education to adopt
17         rules regarding not-for-profit, professional
18         teacher associations; providing for
19         severability; providing effective dates.
20
21         WHEREAS, providing a system of high-quality public
22  education for children is an important goal of this state, and
23         WHEREAS, Floridians reemphasized their aspiration to
24  provide for a system of high-quality public education for
25  children in this state by amending Section 1 of Article IX of
26  the State Constitution in the November 1998 general election,
27  and
28         WHEREAS, the Legislature recognizes that it has an
29  important but not exclusive role in providing children with
30  the opportunity to obtain a high-quality education in this
31  state, and
                                 179
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         WHEREAS, success in obtaining a high-quality education
 2  depends upon many influences, and
 3         WHEREAS, among the most prominent influences on the
 4  educational success of children are the positive influences of
 5  parents on their children's lives and on their children's
 6  desire to learn and the active involvement of parents in the
 7  education of their children, and
 8         WHEREAS, the presence of those influences is
 9  indispensable to successfully providing a system that allows
10  students to obtain a high-quality education, and
11         WHEREAS, children will have the best opportunity to
12  obtain a high-quality education in the public education system
13  of this state and that system can best be enhanced when
14  positive parental influences are present, when we allocate
15  resources efficiently and concentrate resources to enhance a
16  safe, secure, and disciplined classroom learning environment,
17  when we support teachers, when we reinforce shared high
18  academic expectations, and when we promptly reward success and
19  promptly identify failure, as well as promptly appraise the
20  public of both successes and failures, and
21         WHEREAS, the voters of the State of Florida, in the
22  1998 General Election, amended Article IX, section 1, of the
23  Florida Constitution to state that, "Adequate provision shall
24  be made by law for a ... safe, secure, and high quality system
25  of free public schools ...," and
26         WHEREAS, House Bill 1309, a comprehensive school safety
27  and discipline package, was enacted by the Legislature in the
28  1997 Session, addressing dropouts, habitual truancy, zero
29  tolerance for crime, drugs, alcohol, and weapons, alternative
30  placement of disruptive students, and cooperative agreements
31  with local law enforcement for crime reporting, and
                                 180
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259
                                    CONFERENCE COMMITTEE AMENDMENT
    560-218AXA-38            Bill No. CS/HB 751 & others, 2nd Eng.
    Amendment No.     (for drafter's use only)
 1         WHEREAS, the Legislature annually provides for
 2  safe-schools appropriations to be used for after school
 3  programs for middle school students, alternative programs for
 4  adjudicated youth, school resource officers, and conflict
 5  resolution strategies, and
 6         WHEREAS, the enhancement of school safety should be
 7  measured as an element of school performance and
 8  accountability and improved crime and incident reporting, as
 9  well as a heightened emphasis on character education in the
10  curriculum of the early grades, NOW, THEREFORE,
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
                                 181
    File original & 9 copies    04/28/99
    hbd0007                     01:06 pm         00751-0024-761259