Senate Bill 2290

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    Florida Senate - 2000                                  SB 2290

    By Senator Mitchell





    4-1338A-00                                              See HB

  1                      A bill to be entitled

  2         An act relating to school improvement; amending

  3         s. 229.57, F.S.; exempting certain students

  4         from the statewide assessment program;

  5         prohibiting a school that has shown at least a

  6         50 percent increase in performance from being

  7         designated as performance grade category "F";

  8         providing intent; revising the method for

  9         determining school performance categories;

10         revising the timeframe for implementation of

11         statewide assessments; requiring the

12         Legislature to conduct public hearings;

13         requiring the Department of Education to

14         provide assistance to district school boards

15         regarding the development of local assessments;

16         amending s. 230.23, F.S., relating to powers

17         and duties of district school boards;

18         establishing a minimum percentage salary

19         increase required to be paid by a district to

20         employees who demonstrate outstanding

21         performance; requiring district school boards

22         to adopt a plan for compliance with

23         performance-based pay provisions; providing

24         additional mechanisms for providing assistance

25         and intervention for schools needing

26         improvement; deleting obsolete provisions;

27         amending s. 231.17, F.S.; revising requirements

28         for receipt of a temporary teaching

29         certificate; amending s. 236.08104, F.S.;

30         requiring that categorical funds for

31         supplemental academic instruction be adjusted

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    Florida Senate - 2000                                  SB 2290
    4-1338A-00                                              See HB




  1         for inflation; holding a district harmless for

  2         certain funds received; providing requirements

  3         for determining a district's allocation;

  4         requiring the University of South Florida to

  5         develop and establish a teacher preparation

  6         program; providing program requirements;

  7         providing legislative intent; providing an

  8         effective date.

  9

10         WHEREAS, since its passage in 1999, the "A+ Plan for

11  Education" (chapter 98-398, Laws of Florida) has been

12  criticized by parents, district school boards, educators, and

13  school administrators for its many problems, and

14         WHEREAS, the issue of whether the opportunity

15  scholarship program is constitutional is currently before the

16  state courts, and

17         WHEREAS, the education community has come forth with

18  recommendations to improve portions of the A+ Education Plan

19  that do not encompass the opportunity scholarship program, and

20         WHEREAS, simple measures can be taken to improve the

21  plan for our children, without compromising accountability,

22  NOW, THEREFORE,

23

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

25

26         Section 1.  Paragraph (c) of subsection (3),

27  subsections (7) and (8), paragraph (i) of subsection (11), and

28  subsection (12) of section 229.57, Florida Statutes, are

29  amended to read:

30         229.57  Student assessment program.--

31

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    Florida Senate - 2000                                  SB 2290
    4-1338A-00                                              See HB




  1         (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner

  2  shall design and implement a statewide program of educational

  3  assessment that provides information for the improvement of

  4  the operation and management of the public schools, including

  5  schools operating for the purpose of providing educational

  6  services to youth in Department of Juvenile Justice programs.

  7  Pursuant to the statewide assessment program, the commissioner

  8  shall:

  9         (c)  Develop and implement a student achievement

10  testing program as part of the statewide assessment program,

11  to be administered annually in grades 3 through 10 to measure

12  reading, writing, science, and mathematics. The testing

13  program must be designed so that:

14         1.  The tests measure student skills and competencies

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

16  tests must measure and report student proficiency levels in

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

18  measured statewide beginning in 2003. Other content areas may

19  be included as directed by the commissioner.  The commissioner

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

21  appropriate, through contracts and project agreements with

22  private vendors, public vendors, public agencies,

23  postsecondary institutions, or school districts.  The

24  commissioner shall obtain input with respect to the design and

25  implementation of the testing program from state educators and

26  the public.

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

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

29  the commissioner, items that require the student to produce

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

31  competencies he or she uses can be measured.

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    Florida Senate - 2000                                  SB 2290
    4-1338A-00                                              See HB




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

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

  3  which students are required to produce writings which are then

  4  scored by appropriate methods.

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

  6  below which score a student's performance is deemed

  7  inadequate.  The school districts shall provide appropriate

  8  remedial instruction to students who score below these levels.

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

10  grade students take a high school competency test developed by

11  the state board to test minimum student performance skills and

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

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

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

15  the commissioner, the state board shall designate a passing

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

17  establishing passing scores, the state board shall consider

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

19  The commissioner may establish criteria whereby a student who

20  successfully demonstrates proficiency in either reading or

21  mathematics or both may be exempted from taking the

22  corresponding section of the high school competency test or

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

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

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

26  diploma. The school districts shall provide appropriate

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

28  competency test.

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

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

31  assessment test described in this paragraph instead of the

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    Florida Senate - 2000                                  SB 2290
    4-1338A-00                                              See HB




  1  high school competency test described in subparagraph 5. Such

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

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

  4  recommendation of the commissioner, the state board shall

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

  6  assessment test. In establishing passing scores, the state

  7  board shall consider any possible negative impact of the test

  8  on minority students.

  9         7.  Participation in the testing program is mandatory

10  for all students, including students served in Department of

11  Juvenile Justice programs, except as otherwise prescribed by

12  the commissioner.  The commissioner shall recommend rules to

13  the state board for the provision of test adaptations and

14  modifications of procedures as necessary for students in

15  exceptional education programs and for students who have

16  limited English proficiency. Students who have limited English

17  proficiency and have participated in ESOL programs for less

18  than 3 years are exempt from participation in statewide

19  assessments, unless exemption is waived upon request of the

20  school or the student's parent or guardian. Only those

21  students continuously enrolled in a Florida public school

22  after October 1 of the school year of the assessment shall be

23  included in the statewide assessment program.

24         8.  A student seeking an adult high school diploma must

25  meet the same testing requirements that a regular high school

26  student must meet.

27         9.  School districts must provide instruction to

28  prepare students to demonstrate proficiency in the skills and

29  competencies necessary for successful grade-to-grade

30  progression and high school graduation. The commissioner shall

31  conduct studies as necessary to verify that the required

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    Florida Senate - 2000                                  SB 2290
    4-1338A-00                                              See HB




  1  skills and competencies are part of the district instructional

  2  programs.

  3         10.  By January 1, 2000, the Department of Education

  4  must develop, or select, and implement a common battery of

  5  assessment tools which will be used in all juvenile justice

  6  programs in the state. These tools must accurately reflect

  7  criteria established in the Florida Sunshine State Standards.

  8

  9  The commissioner may design and implement student testing

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

11  procedures designated by the commissioner to monitor

12  educational achievement in the state.

13         (7)  SCHOOL PERFORMANCE GRADE CATEGORIES.--Beginning

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

15  performance data, the annual report shall identify schools as

16  being in one of the following grade categories defined

17  according to rules of the state board:

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

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

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

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

22  progress.

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

24

25  Beginning in the 1999-2000 school year, each school designated

26  in performance grade category "A," making excellent progress,

27  or as having improved at least two performance grade

28  categories, shall have greater authority over the allocation

29  of the school's total budget generated from the FEFP, state

30  categoricals, lottery funds, grants, and local funds, as

31  specified in state board rule. The rule must provide that the

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    Florida Senate - 2000                                  SB 2290
    4-1338A-00                                              See HB




  1  increased budget authority shall remain in effect until the

  2  school's performance grade declines. Beginning in the

  3  1999-2000 school year, a school that has been designated as

  4  performance grade category "F" in a prior school year shall

  5  not be designated as performance grade category "F" using the

  6  current year's data if that school has shown at least a 50

  7  percent increase toward the baseline score in each subject

  8  area.  Beginning in the 1999-2000 school year, schools

  9  designated as performance grade categories "A" through "D"

10  whose performance in the areas of attendance, parental

11  involvement, and dropout rates meets or exceeds the state

12  average, shall receive a plus sign designation in addition to

13  the letter-grade designation.

14         (8)  DESIGNATION OF SCHOOL PERFORMANCE GRADE

15  CATEGORIES.--For purposes of determining school performance,

16  student performance should be based on a student's annual

17  learning gains when the gain can be measured with an accurate

18  and consistent assessment system. Currently, the statewide

19  assessment system cannot measure a year's worth of knowledge

20  because not all grades are tested and there is not sufficient

21  data to create a baseline to measure improvement. Therefore,

22  it is the intent of the Legislature that an alternative system

23  should be created until 2 years of assessment data are

24  available to start measuring actual student learning gains.

25  School performance grade category designations itemized in

26  subsection (7) shall be based on the following:

27         (a)  Timeframes.--

28         1.  School performance grade category designations

29  shall be based on one school year of performance.

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

31  performance grade category designation shall be determined by

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    Florida Senate - 2000                                  SB 2290
    4-1338A-00                                              See HB




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

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

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

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

  5         3.  In the 1999-2000 school year, a school's

  6  performance grade category designation shall be determined

  7  based upon the following weighted factors for the following

  8  grade levels, according to rules adopted by the Department of

  9  Education:

10         a.  Kindergarten.--Sixty percent of the performance

11  grade shall be based on the percentage of classes for which

12  there is a ratio of 1 teacher to 20 students, attendance shall

13  be weighted at 20 percent, and parental involvement and safety

14  shall both be weighted at 10 percent.

15         b.  Grade 1.--Sixty percent of the performance grade

16  shall be based on the percentage of classes for which there is

17  a ratio of 1 teacher to 20 students, attendance shall be

18  weighted at 20 percent, and parental involvement and safety

19  shall both be weighted at 10 percent.

20         c.  Grade 2.--Sixty percent of the performance grade

21  shall be based on the percentage of classes for which there is

22  a ratio of 1 teacher to 20 students, attendance shall be

23  weighted at 20 percent, and parental involvement and safety

24  shall both be weighted at 10 percent.

25         d.  Grade 3.--Sixty percent of the performance grade

26  shall be based on the percentage of classes for which there is

27  a ratio of 1 teacher to 20 students, attendance shall be

28  weighted at 20 percent, and parental involvement and safety

29  shall both be weighted at 10 percent.

30         e.  Grade 4.--Sixty percent of the performance grade

31  shall be based on FCAT scores, attendance shall be weighted at

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    Florida Senate - 2000                                  SB 2290
    4-1338A-00                                              See HB




  1  20 percent, and parental involvement and safety shall both be

  2  weighted at 10 percent.

  3         f.  Grade 5.--Sixty percent of the performance grade

  4  shall be based on FCAT scores, attendance shall be weighted at

  5  20 percent, and parental involvement and safety shall both be

  6  weighted at 10 percent.

  7         g.  Grade 8.--Sixty percent of the performance grade

  8  shall be based on FCAT scores; attendance, dropout rate,

  9  parental involvement, and safety shall each be weighted at 10

10  percent.

11         h.  Grade 10.--Sixty percent of the performance grade

12  shall be based on FCAT scores; attendance, dropout rate,

13  parental involvement, and safety shall each be weighted at 10

14  percent.

15         i.  Grade 11.--Thirty-five percent of the performance

16  grade shall be based on dropout rate; 35 percent shall be

17  based on the number of acceleration mechanisms available to

18  students; attendance, parental involvement, and school safety

19  shall each be weighted at 10 percent.

20         j.  Grade 12.--Thirty-five percent of the performance

21  grade shall be based on dropout rate; 35 percent shall be

22  based on the number of acceleration mechanisms available to

23  students; attendance, parental involvement, and school safety

24  shall each be weighted at 10 percent. Beginning with the

25  2000-2001 school year, a school's performance grade category

26  designation shall be based on a combination of student

27  achievement scores as measured by the FCAT, on the degree of

28  measured learning gains of the students, and on other

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

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

31  readiness for college.

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    Florida Senate - 2000                                  SB 2290
    4-1338A-00                                              See HB




  1         4.  In school years 2000-2001 and 2001-2002, a school's

  2  performance grade category designation shall be determined

  3  based upon the following weighted factors for the following

  4  grade levels, according to rules adopted by the Department of

  5  Education:

  6         a.  Kindergarten.--Sixty percent of the performance

  7  grade shall be based on the percentage of classes for which

  8  there is a ratio of 1 teacher to 20 students, attendance shall

  9  be weighted at 20 percent, and parental involvement and safety

10  shall both be weighted at 10 percent.

11         b.  Grade 1.--Sixty percent of the performance grade

12  shall be based on the percentage of classes for which there is

13  a ratio of 1 teacher to 20 students, attendance shall be

14  weighted at 20 percent, and parental involvement and safety

15  shall both be weighted at 10 percent.

16         c.  Grade 2.--Sixty percent of the performance grade

17  shall be based on the percentage of classes for which there is

18  a ratio of 1 teacher to 20 students, attendance shall be

19  weighted at 20 percent, and parental involvement and safety

20  shall both be weighted at 10 percent.

21         d.  Grade 3.--Sixty percent of the performance grade

22  shall be based on FCAT scores, attendance shall be weighted at

23  20 percent, and parental involvement and safety shall both be

24  weighted at 10 percent.

25         e.  Grade 4.--Sixty percent of the performance grade

26  shall be based on FCAT scores, attendance shall be weighted at

27  20 percent, and parental involvement and safety shall both be

28  weighted at 10 percent.

29         f.  Grade 5.--Sixty percent of the performance grade

30  shall be based on FCAT scores, attendance shall be weighted at

31

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    Florida Senate - 2000                                  SB 2290
    4-1338A-00                                              See HB




  1  20 percent, and parental involvement and safety shall both be

  2  weighted at 10 percent.

  3         g.  Grade 6.--Sixty percent of the performance grade

  4  shall be based on FCAT scores; attendance, dropout rate,

  5  parental involvement, and safety shall each be weighted at 10

  6  percent.

  7         h.  Grade 7.--Sixty percent of the performance grade

  8  shall be based on FCAT scores; attendance, dropout rate,

  9  parental involvement, and safety shall each be weighted at 10

10  percent.

11         i.  Grade 8.--Sixty percent of the performance grade

12  shall be based on FCAT scores; attendance, dropout rate,

13  parental involvement, and safety shall each be weighted at 10

14  percent.

15         j.  Grade 9.--Sixty percent of the performance grade

16  shall be based on FCAT scores; attendance, dropout rate,

17  parental involvement, and safety shall each be weighted at 10

18  percent.

19         k.  Grade 10.--Sixty percent of the performance grade

20  shall be based on FCAT scores; attendance, dropout rate,

21  parental involvement, and safety shall each be weighted at 10

22  percent.

23         l.  Grade 11.--Thirty-five percent of the performance

24  grade shall be based on dropout rate; 35 percent shall be

25  based on the number of acceleration mechanisms available to

26  students; attendance, parental involvement, and school safety

27  shall each be weighted at 10 percent.

28         m.  Grade 12.--Thirty-five percent of the performance

29  grade shall be based on dropout rate; 35 percent shall be

30  based on the number of acceleration mechanisms available to

31  students; attendance, parental involvement, and school safety

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    Florida Senate - 2000                                  SB 2290
    4-1338A-00                                              See HB




  1  shall each be weighted at 10 percent. Beginning with the

  2  2001-2002 school year and thereafter, a school's performance

  3  grade category designation shall be based on student learning

  4  gains as measured by annual FCAT assessments in grades 3

  5  through 10, and on other appropriate performance data,

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

  7  school discipline data, cohort graduation rate, and student

  8  readiness for college.

  9         5.  During the 2001-2002 school year, the Legislature

10  shall conduct public hearings on the school performance grade

11  requirements of this subsection to receive recommendations for

12  revisions to improve the program. The recommendations shall be

13  considered prior to adopting the program for the 2002-2003

14  school year and thereafter.

15

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

17  any of the four schools that were identified as critically low

18  performing, based on both 1996-1997 and 1997-1998 school

19  performance data and state board adopted criteria, receives a

20  performance grade category designation of "F," based on

21  1998-1999 school performance data, that school shall be

22  considered as having failed to make adequate progress for 2

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

24  performance grade category designation of "F," based on

25  1998-1999 school performance data, shall be considered as

26  having failed to make adequate progress for 1 year.

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

28  used in determining school performance grade categories shall

29  include:

30         1.  The median scores of all eligible students enrolled

31  in the school who have been assessed on the FCAT.

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    Florida Senate - 2000                                  SB 2290
    4-1338A-00                                              See HB




  1         2.  The median scores of all eligible students enrolled

  2  in the school who have been assessed on the FCAT and who have

  3  scored at or in the lowest 25th percentile of the state in the

  4  previous school year.

  5

  6  The Department of Education shall study the effects of

  7  mobility on the performance of highly mobile students and

  8  recommend programs to improve the performance of such

  9  students. The state board shall adopt appropriate criteria for

10  each school performance grade category. The criteria must also

11  give added weight to student achievement in reading. Schools

12  designated as performance grade category "C," making

13  satisfactory progress, shall be required to demonstrate that

14  adequate progress has been made by students who have scored

15  among the lowest 25 percent of students in the state as well

16  as by the overall population of students in the school.

17         (11)  STATEWIDE ASSESSMENTS.--The Department of

18  Education is authorized, subject to appropriation, to

19  negotiate a multiyear contract for the development, field

20  testing, and implementation of annual assessments of students

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

22  following criteria:

23         (i)  Assessments shall be implemented statewide no

24  earlier later than April 1 the spring of the 2000-2001 school

25  year and results must be provided to districts no later than

26  May 15 annually, beginning in the 2000-2001 school year.

27         (12)  LOCAL ASSESSMENTS.--Measurement of the learning

28  gains of students in all subjects and grade levels other than

29  subjects and grade levels required for the state assessment

30  program is the responsibility of the school districts. It is

31  the intent of the Legislature that the Department of Education

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    Florida Senate - 2000                                  SB 2290
    4-1338A-00                                              See HB




  1  provide assistance in the development of the local

  2  assessments.

  3         Section 2.  Paragraph (c) of subsection (5) and

  4  paragraph (c) of subsection (16) of section 230.23, Florida

  5  Statutes, are amended to read:

  6         230.23  Powers and duties of school board.--The school

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

  8  perform all duties listed below:

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

10  prescribe qualifications for those positions, and provide for

11  the appointment, compensation, promotion, suspension, and

12  dismissal of employees as follows, subject to the requirements

13  of chapter 231:

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

15  schedule or salary schedules designed to furnish incentives

16  for improvement in training and for continued efficient

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

18  and fix and authorize the compensation of school employees on

19  the basis thereof. A district school board, in determining the

20  salary schedule for instructional personnel, must base a

21  portion of each employee's compensation on performance

22  demonstrated under s. 231.29 and must consider the prior

23  teaching experience of a person who has been designated state

24  teacher of the year by any state in the United States. In

25  developing the salary schedule, the school board shall seek

26  input from parents, teachers, and representatives of the

27  business community. By June 30, 2002, the salary schedule

28  adopted by the school board must base a percentage at least 5

29  percent of the salary of school administrators and

30  instructional personnel on annual performance measured under

31  s. 231.29. The minimum percentage salary increase required to

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    Florida Senate - 2000                                  SB 2290
    4-1338A-00                                              See HB




  1  be paid by each district to employees who demonstrate

  2  outstanding performance shall be equal to the percentage

  3  increase per weighted full-time equivalent student for that

  4  same year. The district's performance-pay policy is subject to

  5  negotiation as provided in chapter 447; however, the adopted

  6  salary schedule must allow employees who demonstrate

  7  outstanding performance to earn that percentage 5 percent of

  8  their individual salary. The Commissioner of Education shall

  9  determine whether the board's adopted salary schedule complies

10  with the requirement for performance-based pay. If the board

11  fails to adopt a plan for compliance for the 2003-2004 school

12  year and thereafter comply by June 30, 2003 2002, the

13  commissioner shall withhold disbursements from the Educational

14  Enhancement Trust Fund to the district until compliance is

15  verified.

16         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

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

18  education accountability as provided by statute and State

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

20  education accountability shall be consistent with, and

21  implemented through, the district's continuing system of

22  planning and budgeting required by this section and ss.

23  229.555 and 237.041. This system of school improvement and

24  education accountability shall include, but is not limited to,

25  the following:

26         (c)  Assistance and intervention.--

27         1.  Develop a 2-year plan of increasing individualized

28  assistance and intervention for each school in danger of not

29  meeting state standards or making adequate progress, as

30  defined pursuant to statute and State Board of Education rule,

31  toward meeting the goals and standards of its approved school

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    Florida Senate - 2000                                  SB 2290
    4-1338A-00                                              See HB




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

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

  3  danger of failing and must be provided assistance and

  4  intervention.

  5         2.  Develop a plan to encourage teachers with

  6  demonstrated mastery in improving student performance to

  7  remain at or transfer to a school designated as performance

  8  grade category "F."  For purposes of this subparagraph,

  9  teaching mastery shall be determined based upon positive

10  learning gains of students as measured by annual FCAT

11  assessments, according to rules adopted by the Department of

12  Education. In the absence of an FCAT assessment, measurement

13  of learning gains of students shall be as provided in s.

14  229.57(12). If a classroom teacher, as defined by s.

15  228.041(9)(a), who meets the definition of teaching mastery

16  requests assignment to a school designated as performance

17  grade category "F," the district school board and the

18  principal shall make every practical effort to grant the

19  request.  Effective July 1, 2001, each classroom teacher who

20  meets the definition of teaching mastery is eligible to

21  receive an annual supplement of at least $1,000 each year he

22  or she teaches in a school designated as performance grade

23  category "F," to the extent provided annually in the General

24  Appropriations Act. Such supplement shall be in addition to

25  any supplement or bonus received as a local or state

26  performance-based pay incentive. District school boards are

27  encouraged to prioritize the expenditures of funds received

28  from specific appropriation 110A of the General Appropriations

29  Act of fiscal year 1999-2000 to improve student performance in

30  schools that receive a performance grade category designation

31  of "D" or "F."

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    Florida Senate - 2000                                  SB 2290
    4-1338A-00                                              See HB




  1         Section 3.  Paragraph (c) of subsection (3) and

  2  paragraph (a) of subsection (4) of section 231.17, Florida

  3  Statutes, are amended to read:

  4         231.17  Official statements of eligibility and

  5  certificates granted on application to those meeting

  6  prescribed requirements.--

  7         (3)  TEMPORARY CERTIFICATE.--

  8         (c)  To qualify for a temporary certificate, the

  9  applicant must:

10         1.  File a written statement under oath that the

11  applicant subscribes to and will uphold the principles

12  incorporated in the Constitutions of the United States and of

13  the State of Florida.

14         2.  Be at least 18 years of age.

15         3.  Document receipt of a bachelor's or higher degree

16  from an accredited institution of higher learning, as defined

17  by state board rule. Credits and degrees awarded by a newly

18  created Florida state institution that is part of the State

19  University System shall be considered as granted by an

20  accredited institution of higher learning during the first 2

21  years of course offerings while accreditation is gained.

22  Degrees from foreign institutions, or degrees from other

23  institutions of higher learning that are in the accreditation

24  process, may be validated by a process established in state

25  board rule. Once accreditation is gained, the institution

26  shall be considered as accredited beginning with the 2-year

27  period prior to the date of accreditation. The bachelor's or

28  higher degree may not be required in areas approved in rule by

29  the State Board of Education as nondegreed areas. Each

30  applicant seeking initial certification must have attained at

31  least a 2.5 overall grade point average on a 4.0 scale in the

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    4-1338A-00                                              See HB




  1  applicant's major field of study. The applicant may document

  2  the required education by submitting official transcripts from

  3  institutions of higher education or by authorizing the direct

  4  submission of such official transcripts through established

  5  electronic network systems.

  6         4.  Be competent and capable of performing the duties,

  7  functions, and responsibilities of a teacher.

  8         5.  Be of good moral character.

  9         6.  Demonstrate mastery of general knowledge, including

10  the ability to read, write, compute, and use technology for

11  classroom instruction. Individuals who apply for certification

12  on or after July 1, 2000, must demonstrate these minimum

13  competencies in order to receive a temporary certificate.

14  Acceptable means of demonstrating such mastery is an

15  individual's achievement of passing scores on another state's

16  general knowledge examinations or a valid standard teaching

17  certificate issued by another state that requires mastery of

18  general knowledge.

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20  Rules adopted pursuant to this section shall provide for the

21  review and acceptance of credentials from foreign institutions

22  of higher learning.

23         (4)  PROFESSIONAL CERTIFICATE.--The department shall

24  issue a professional certificate for a period not to exceed 5

25  years to any applicant who meets the requirements for a

26  temporary certificate and documents mastery of the minimum

27  competencies required by subsection (5). Mastery of the

28  minimum competencies must be documented on a comprehensive

29  written examination or through other criteria as specified by

30  rules of the state board. Mastery of minimum competencies

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    4-1338A-00                                              See HB




  1  required under subsection (5) must be demonstrated in the

  2  following areas:

  3         (a)  General knowledge, including the ability to read,

  4  write, and compute, and use technology for classroom

  5  instruction. However, 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         Section 4.  Subsection (2) of section 236.08104,

14  Florida Statutes, is amended to read:

15         236.08104  Supplemental academic instruction;

16  categorical fund.--

17         (2)  Categorical funds for supplemental academic

18  instruction shall be allocated annually to each school

19  district in the amount provided in the General Appropriations

20  Act.

21         (a)  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, and shall be adjusted for inflation. Districts shall

26  be held harmless for funds received pursuant to this section

27  in fiscal year 1999-2000.

28         (b)  A district's allocation shall be based on the

29  following:

30         1.  One-third of a district's allocation shall be based

31  on the weighted FTE membership enrolled in schools in the

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    Florida Senate - 2000                                  SB 2290
    4-1338A-00                                              See HB




  1  district that have been designated as performance grade

  2  categories "D" and "F" for the prior year.  Such portion of a

  3  district's allocation shall be held harmless for a 2-year

  4  period.

  5         2.  One-third of a district's allocation shall be based

  6  on the weighted FTE membership participating in the district's

  7  remediation programs, including tutoring, mentoring,

  8  after-school, extended year, and summer school programs.

  9         3.  One-third of a district's allocation shall be based

10  on the total district weighted FTE membership.

11         (c)  These funds shall be used only to provide

12  supplemental academic instruction to students enrolled in the

13  K-12 program. Supplemental instruction strategies may include,

14  but are not limited to: modified curriculum, reading

15  instruction, after-school instruction, tutoring, mentoring,

16  class size reduction, extended school year, intensive skills

17  development in summer school, and other methods for improving

18  student achievement. Supplemental instruction may be provided

19  to a student in any manner and at any time during or beyond

20  the regular 180-day term identified by the school as being the

21  most effective and efficient way to best help that student

22  progress from grade to grade and to graduate.

23         Section 5.  By July 1, 2001, the University of South

24  Florida shall develop and establish at its Tampa campus a

25  rigorous teacher preparation program for highly talented

26  students.  The program shall be conducted in conformance with

27  the following requirements:

28         (1)  When fully operational, the program must serve 40

29  students annually.

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    Florida Senate - 2000                                  SB 2290
    4-1338A-00                                              See HB




  1         (2)  Participants must receive full scholarships funded

  2  through private donations and other outside sources to cover

  3  the cost of in-state tuition and mandatory student fees.

  4         (3)  Participants in the program shall be required to

  5  teach at least 4 years in a Florida public school that has

  6  been designated as performance grade category "D" or

  7  performance grade category "F," according to section 229.57,

  8  Florida Statutes.  Participants who fail to fulfill this

  9  requirement shall be required to repay the University of South

10  Florida the amount of annual assistance received for each year

11  of the unfulfilled teaching commitment.

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13  It is the intent of the Legislature to encourage other

14  universities to review, and consider for adoption, the program

15  established by this section.

16         Section 6.  This act shall take effect upon becoming a

17  law.

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    4-1338A-00                                              See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3    Exempts certain students from the statewide assessment
      program. Prohibits a school that has shown at least a 50
  4    percent increase in performance from being designated as
      performance grade category "F." Revises the method for
  5    determining school performance categories. Revises the
      timeframe for implementation of statewide assessments.
  6    Requires the Legislature to conduct public hearings.
      Requires the Department of Education to provide
  7    assistance to district school boards regarding the
      development of local assessments. Revises powers and
  8    duties of district school boards. Establishes a minimum
      percentage salary increase required to be paid by a
  9    district to employees who demonstrate outstanding
      performance. Requires district school boards to adopt a
10    plan for compliance with performance-based pay
      provisions. Provides additional mechanisms for providing
11    assistance and intervention for schools needing
      improvement. Revises requirements for receipt of a
12    temporary teaching certificate. Requires that categorical
      funds for supplemental academic instruction be adjusted
13    for inflation, provides requirements for determining a
      district's allocation, and holds the district harmless
14    for certain funds received. Requires the University of
      South Florida to develop and establish a teacher
15    preparation program. Provides program requirements and
      legislative intent.
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