House Bill hb1633

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    Florida House of Representatives - 2001                HB 1633

        By Representative Attkisson






  1                      A bill to be entitled

  2         An act relating to student assessment; amending

  3         s. 229.57, F.S.; revising provisions relating

  4         to the designation of school performance grade

  5         categories; revising the basis for such

  6         designations; revising provisions relating to

  7         statewide annual assessments; revising

  8         provisions relating to the use of a statistical

  9         system for assessment; requiring the

10         Commissioner of Education to establish a

11         schedule for administration of assessments;

12         reenacting ss. 230.23(16)(c), 231.085(4),

13         231.17(15), 231.29(3)(a), and 231.2905(4),

14         F.S., relating to supplements for teachers

15         based on assessment of student learning gains,

16         use of student assessment data, comparison of

17         routes to a professional certificate,

18         assessment procedures for school personnel, and

19         the School Recognition Program, to incorporate

20         the amendment to s. 229.57, F.S., in references

21         thereto; providing an effective date.

22

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

24

25         Section 1.  Subsection (8) and (11) of section 229.57,

26  Florida Statutes, are amended to read:

27         229.57  Student assessment program.--

28         (8)  DESIGNATION OF SCHOOL PERFORMANCE GRADE

29  CATEGORIES.--School performance grade category designations

30  itemized in subsection (7) shall be based on the following:

31         (a)  Timeframes.--

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  1         1.  School performance grade category designations

  2  shall be based on the school's current one school year of

  3  performance and the school's annual learning gains.

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

  5  performance grade category designation shall be determined by

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

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

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

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

10         3.  In the 2000-2001 school year, a school's

11  performance grade category designation shall be based on a

12  combination of student achievement scores as measured by the

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

14  students, and on other appropriate performance data,

15  including, but not limited to, dropout rate and student

16  readiness for college.

17         2.4.  Beginning with the 2001-2002 school year and

18  thereafter, a school's performance grade category designation

19  shall be based on a combination of student achievement scores,

20  student learning gains as measured by annual FCAT assessments

21  in grades 3 through 10, and improvement of the lowest

22  performing quartile of students in the school, and shall also

23  be based on other appropriate performance data, including, but

24  not limited to, dropout rate, cohort graduation rate, and

25  student readiness for college.

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

27  used in determining school performance grade categories shall

28  include:

29         1.  The median scores of all eligible students enrolled

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

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    Florida House of Representatives - 2001                HB 1633

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  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 to implement, subject to

19  appropriation, to negotiate a multiyear contract for the

20  development, field testing, and implementation of annual

21  assessments of students in grades 3 through 10. Such

22  assessments must comply with the following criteria:

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

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

25  Standards for that grade level and above.

26         (b)  Assessments shall be capable of measuring the

27  annual progress each student makes in mastering the Sunshine

28  State Standards.

29         (c)  Assessments shall include measures in reading and

30  mathematics in each grade level and must include writing and

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

  2  statewide in 2003.

  3         (d)  Assessments shall be designed to protect the

  4  integrity of the data and prevent score inflation.

  5         (a)(e)  The statistical system for the annual

  6  assessments shall use measures of student learning, such as

  7  the FCAT, to determine teacher, school, and school district

  8  statistical distributions, which distributions:

  9         1.  shall be determined using available data from the

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

11  Department of Education, to measure the differences in student

12  prior year achievement against the current year achievement or

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

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

15  estimated on a per-student and constant basis.

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

17  expressed in linear scales such that the effects of ceiling

18  and floor dispersions are minimized.

19         (b)(f)  The statistical system shall provide for an

20  approach which provides for the best estimates of linear

21  unbiased prediction for the teacher, school, and school

22  district effects on pupil progress.  These estimates should

23  adequately be able to determine effects of and compare

24  teachers who teach multiple subjects to the same groups of

25  students, and team teaching situations where teachers teach a

26  single subject to multiple groups of students, or other

27  teaching situations as appropriate.

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

29  Program Policy Analysis and Government Accountability, and

30  other sources as appropriate, shall use recognized approaches

31  to statistical variance and estimating random effects.

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  1         2.  The approach used by the department shall be

  2  approved by the commissioner State Board of Education before

  3  implementation for pupil progression assessment.

  4         (g)  Assessments shall include a norm-referenced

  5  subtest that allows for comparisons of Florida students with

  6  the performance of students nationally.

  7         (c)(h)  The annual testing program shall be

  8  administered to provide for valid statewide comparisons of

  9  learning gains to be made for purposes of accountability and

10  recognition. The commissioner shall establish a schedule for

11  the administration of the statewide assessments. Annual

12  assessments that do not contain performance items shall be

13  administered no earlier than March of each school year, with

14  results being returned to schools prior to the end of the

15  academic year.  Subtests that contain performance items may be

16  given earlier than March, provided that the remaining subtests

17  are sufficient to provide valid data on comparisons of student

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

19  be aligned such that a comparable amount of instructional time

20  is measured in all school districts.  District school boards

21  shall not establish school calendars that jeopardize or limit

22  the valid testing and comparison of student learning gains.

23         (i)  Assessments shall be implemented statewide no

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

25         Section 2.  For the purpose of incorporating the

26  amendment to section 229.57, Florida Statutes, in references

27  thereto, the sections or subdivisions of Florida Statutes set

28  forth below are reenacted to read:

29         230.23  Powers and duties of school board.--The school

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

31  perform all duties listed below:

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  1         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

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

  3  education accountability as provided by statute and State

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

  5  education accountability shall be consistent with, and

  6  implemented through, the district's continuing system of

  7  planning and budgeting required by this section and ss.

  8  229.555 and 237.041. This system of school improvement and

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

10  the following:

11         (c)  Assistance and intervention.--

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

13  assistance and intervention for each school in danger of not

14  meeting state standards or making adequate progress, as

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

16  toward meeting the goals and standards of its approved school

17  improvement plan.

18         2.  A school that is identified as being in performance

19  grade category "D" pursuant to s. 229.57 is in danger of

20  failing and must be provided assistance and intervention.

21         3.a.  Each district school board shall develop a plan

22  to encourage teachers with demonstrated mastery in improving

23  student performance to remain at or transfer to a school

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

25  alternative school that serves disruptive or violent youths.

26  If a classroom teacher, as defined by s. 228.041(9)(a), who

27  meets the definition of teaching mastery developed according

28  to the provisions of this paragraph, requests assignment to a

29  school designated as performance grade category "D" or "F" or

30  to an alternative school that serves disruptive or violent

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  1  youths, the district school board shall make every practical

  2  effort to grant the request.

  3         b.  For initial implementation in 2000-2001 and until

  4  full implementation of an annual assessment of learning gains,

  5  a classroom teacher who is selected by the school principal

  6  based on his or her performance appraisal and student

  7  achievement data to teach at a school designated as

  8  performance grade category "D" or "F" or at an alternative

  9  that serves disruptive or violent youths shall receive a

10  supplement of at least $1,000, not to exceed $3,500, as

11  provided for annually in the General Appropriations Act, each

12  year he or she teaches at a school designated as performance

13  grade category "D" or "F" or at an alternative school that

14  serves disruptive or violent youths.

15         c.  Beginning with the full implementation of an annual

16  assessment of learning gains, a classroom teacher whose

17  effectiveness has been proven based upon positive learning

18  gains of his or her students as measured by annual FCAT

19  assessments pursuant to s. 229.57, is eligible for an annual

20  supplement of at least $1,000, not to exceed $3,500, as

21  provided for annually in the General Appropriations Act, each

22  year he or she teaches at a school designated as performance

23  grade category "D" or "F" or at an alternative school that

24  serves disruptive or violent youths.

25         d.  In the absence of an FCAT assessment, measurement

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

27  229.57(12). The supplement received under this paragraph shall

28  be in addition to any supplement or bonus received as a result

29  of other local or state pay incentives based on performance.

30

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  1         e.  The Commissioner of Education shall adopt rules to

  2  determine the measures that define "teaching mastery" for

  3  purposes of this subparagraph.

  4         4.  District school boards are encouraged to prioritize

  5  the expenditures of funds received from the supplemental

  6  academic instruction categorical fund under s. 236.08104 to

  7  improve student performance in schools that receive a

  8  performance grade category designation of "D" or "F."

  9         231.085  Duties of principals.--

10         (4)  Each principal shall assist the teachers within

11  the school to use student assessment data, as measured by

12  student learning gains pursuant to s. 229.57, for

13  self-evaluation.

14         231.17  Teacher certification requirements.--

15         (15)  COMPARISON OF ROUTES TO A PROFESSIONAL

16  CERTIFICATE.--Beginning with the 2003-2004 school year, the

17  Department of Education shall conduct a longitudinal study to

18  compare performance of certificateholders who are employed in

19  Florida school districts. The study shall compare a sampling

20  of educators who have qualified for a professional certificate

21  since July 1, 2002, based on the following:

22         (a)  Graduation from a state-approved teacher

23  preparation program.

24         (b)  Completion of a state-approved professional

25  preparation and education competency program.

26         (c)  A valid standard teaching certificate issued by a

27  state other than Florida.

28

29  The department comparisons shall be made to determine if there

30  is any significant difference in the performance of these

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  1  groups of teachers, as measured by their students' achievement

  2  levels and learning gains as measured by s. 229.57.

  3         231.29  Assessment procedures and criteria.--

  4         (3)  The assessment procedure for instructional

  5  personnel and school administrators must be primarily based on

  6  the performance of students assigned to their classrooms or

  7  schools, as appropriate. The procedures must comply with, but

  8  are not limited to, the following requirements:

  9         (a)  An assessment must be conducted for each employee

10  at least once a year. The assessment must be based upon sound

11  educational principles and contemporary research in effective

12  educational practices. Beginning with the full implementation

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

14  primarily use data and indicators of improvement in student

15  performance assessed annually as specified in s. 229.57 and

16  may consider results of peer reviews in evaluating the

17  employee's performance. Student performance must be measured

18  by state assessments required under s. 229.57 and by local

19  assessments for subjects and grade levels not measured by the

20  state assessment program. The assessment criteria must

21  include, but are not limited to, indicators that relate to the

22  following:

23         1.  Performance of students.

24         2.  Ability to maintain appropriate discipline.

25         3.  Knowledge of subject matter. The district school

26  board shall make special provisions for evaluating teachers

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

28         4.  Ability to plan and deliver instruction, including

29  the use of technology in the classroom.

30         5.  Ability to evaluate instructional needs.

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  1         6.  Ability to establish and maintain a positive

  2  collaborative relationship with students' families to increase

  3  student achievement.

  4         7.  Other professional competencies, responsibilities,

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

  6  Education and policies of the district school board.

  7         231.2905  Florida School Recognition Program.--

  8         (4)  The School Recognition Program shall utilize the

  9  school performance grade category designations in s. 229.57.

10         Section 3.  This act shall take effect upon becoming a

11  law.

12

13            *****************************************

14                          HOUSE SUMMARY

15
      With respect to public school student assessment, revises
16    the basis for designation of school performance grade
      categories, revises provisions relating to statewide
17    annual assessments, revises provisions relating to the
      use of a statistical system for assessment, and requires
18    the Commissioner of Education to establish a schedule for
      administration of statewide assessments.
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