Senate Bill sb2488c1

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    Florida Senate - 2002                  CS for SB's 2488 & 2314

    By the Committee on Education; and Senators Sullivan and Cowin





    304-2320-02

  1                      A bill to be entitled

  2         An act relating to public school student

  3         progression; amending s. 232.245, F.S.;

  4         revising guidelines for allocation of school

  5         district remedial and supplemental instruction

  6         resources; prescribing content of academic

  7         improvement plans; prescribing guidelines for

  8         remedial reading instruction; requiring

  9         parental notification of reading deficiency;

10         prohibiting social promotion and providing

11         standards for exemptions from

12         mandatory-retention requirements; requiring

13         reports by district school boards; providing

14         powers and duties of the State Board of

15         Education with respect to enforcement of

16         mandatory retention; providing an effective

17         date.

18  

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

20  

21         Section 1.  Section 232.245, Florida Statutes, is

22  amended to read:

23         232.245  Public school student Pupil progression;

24  remedial instruction; reporting requirements.--

25         (1)  INTENT.--It is the intent of the Legislature that

26  each student's progression from one grade to another be

27  determined, in part, upon proficiency in reading, writing,

28  science, and mathematics; that school district policies

29  facilitate such proficiency; and that each student and his or

30  her parent or legal guardian be informed of that student's

31  academic progress.

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    Florida Senate - 2002                  CS for SB's 2488 & 2314
    304-2320-02




  1         (2)  COMPREHENSIVE PROGRAM.--Each district school board

  2  shall establish a comprehensive program for student pupil

  3  progression which must include:

  4         (a)  Standards for evaluating each student's pupil's

  5  performance, including how well he or she masters the

  6  performance standards approved by the State Board of Education

  7  according to s. 229.565; and

  8         (b)  Specific levels of performance in reading,

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

10  including the levels of performance on statewide assessments

11  as defined by the State Board Commissioner of Education, below

12  which a student must receive remediation, or be retained

13  within an intensive program that is different from the

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

15  student's learning style; and.

16         (c)  Appropriate alternative placement for a student

17  who has been retained 2 or more years.

18         (3)  ALLOCATION OF RESOURCES.--District. No student may

19  be assigned to a grade level based solely on age or other

20  factors that constitute social promotion. school boards shall

21  allocate remedial and supplemental instruction resources to

22  the following priorities:

23         (a)  Students who are deficient in reading by the end

24  of grade 3.

25         (b)  first to Students who fail to meet achievement

26  performance levels required for promotion consistent with the

27  district school board's plan for student progression required

28  in paragraph (2)(b). The state board shall adopt rules to

29  prescribe limited circumstances in which a student may be

30  promoted without meeting the specific assessment performance

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

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    Florida Senate - 2002                  CS for SB's 2488 & 2314
    304-2320-02




  1  Such rules shall specifically address the promotion of

  2  students with limited English proficiency and students with

  3  disabilities. A school district must consider an appropriate

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

  5  more years.

  6         (4)(3)  ASSESSMENT AND REMEDIATION.--

  7         (a)  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 State Board

13  Commissioner of Education, on statewide assessments at

14  selected grade levels, must be provided with additional

15  diagnostic assessments to determine the nature of the

16  student's difficulty and areas of academic need.

17         (b)  The school in which the student is enrolled must

18  develop, in consultation with the student's parent or legal

19  guardian, and must implement an academic improvement plan

20  designed to assist the student in meeting state and district

21  expectations for proficiency. Beginning with the 2002-2003

22  school year, if the student has been identified as having a

23  deficiency in reading, the academic improvement plan shall

24  identify the student's specific areas of deficiency in

25  phonemic awareness, phonics, fluency, comprehension, and

26  vocabulary; the desired levels of performance in these areas;

27  and the instructional and support services to be provided to

28  help the student meet the desired levels of performance.

29  Schools shall also provide for the frequent monitoring of the

30  student's progress in meeting the desired levels of

31  performance. District school boards shall assist schools and

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    Florida Senate - 2002                  CS for SB's 2488 & 2314
    304-2320-02




  1  teachers in implementing research-based reading activities

  2  that have been shown to be successful in teaching reading to

  3  low-performing students. Each plan must include the provision

  4  of intensive remedial instruction in the areas of weakness.

  5  Remedial instruction provided during high school may not be in

  6  lieu of English and mathematics credits required for

  7  graduation.

  8         (c)  Upon subsequent evaluation, if the documented

  9  deficiency has not been remediated corrected in accordance

10  with the academic improvement plan, the student shall may be

11  retained. Each student who does not meet the minimum

12  performance expectations defined by the Commissioner of

13  Education for the statewide assessment tests in reading,

14  writing, science, and mathematics must continue to be provided

15  with remedial or supplemental instruction until the

16  expectations are met or the student graduates from high school

17  or is not subject to compulsory school attendance.

18         (5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.--

19         (a)  It is the ultimate goal of the Legislature that

20  every student read at or above grade level. Any student who

21  exhibits a substantial deficiency in reading, based upon

22  locally determined or statewide assessments conducted in

23  kindergarten, grade 1, grade 2, or grade 3, or through teacher

24  observations, must be given intensive reading instruction

25  immediately following the identification of the reading

26  deficiency. The student's reading proficiency must be

27  reassessed by locally determined assessments or through

28  teacher observations at the beginning of the grade following

29  the intensive reading instruction. The student must continue

30  to be provided with intensive reading instruction until the

31  reading deficiency is remedied.

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    Florida Senate - 2002                  CS for SB's 2488 & 2314
    304-2320-02




  1         (b)  Beginning with the 2002-2003 school year, if the

  2  student's reading deficiency, as identified in paragraph (a),

  3  is not remediated by the end of grade 3, as demonstrated by

  4  scoring at level 2 or higher on the statewide assessment test

  5  in reading for grade 3, the student must be retained.

  6         (c)  Beginning with the 2002-2003 school year, the

  7  parent of any student who exhibits a substantial deficiency in

  8  reading, as described in paragraph (a), must be given, in

  9  writing:

10         1.  Notice that his or her child has been identified as

11  having a substantial deficiency in reading;

12         2.  A description of the current services that are

13  provided to the child;

14         3.  A description of the proposed supplemental

15  instructional services and supports that will be provided to

16  the child which are designed to remediate the identified area

17  of reading deficiency; and

18         4.  Notice that, if the child's reading deficiency is

19  not remediated by the end of grade 3, the child must be

20  retained unless the student is exempt for good cause from

21  mandatory retention.

22         (4)  Any student who exhibits substantial deficiency in

23  reading skills, based on locally determined assessments

24  conducted before the end of grade 1 or 2, or based on teacher

25  recommendation, must be given intensive reading instruction

26  immediately following the identification of the reading

27  deficiency. The student's reading proficiency must be

28  reassessed by locally determined assessment or based on

29  teacher recommendation at the beginning of the grade following

30  the intensive reading instruction, and the student must

31  continue to be given intensive reading instruction until the

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    Florida Senate - 2002                  CS for SB's 2488 & 2314
    304-2320-02




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

  2  deficiency, as determined by the locally determined assessment

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

  4  is not remedied by the end of grade 4, and if the student

  5  scores below the specific level of performance on the

  6  statewide assessment test in reading, the student must be

  7  retained.

  8         (6)  ELIMINATION OF SOCIAL PROMOTIONS.--

  9         (a)  No student shall be assigned to a grade level

10  based solely on age or other factors that constitute social

11  promotion.

12         (b)  The district local school board may exempt

13  students a student from mandatory retention, as provided in

14  paragraph (5)(b), only for good cause. Good-cause exemptions

15  shall be limited to the following:

16         1.  Students having limited English proficiency who

17  have had less than 2 years of instruction in a program of

18  English for speakers of other languages.

19         2.  Students with disabilities, whose individual

20  education plan indicates that participation in the statewide

21  assessment program is not appropriate, consistent with the

22  requirements of State Board of Education rule.

23         3.  Students who demonstrate an acceptable level of

24  performance on an alternative standardized reading assessment

25  approved by the State Board of Education.

26         4.  Students who demonstrate, through a student

27  portfolio, that they are reading on grade level as evidenced

28  by demonstration of mastery of the Sunshine State Standards in

29  reading equal to at least a level 2 performance on the FCAT.

30         5.  Students with disabilities who participate in the

31  FCAT, with an individual education plan or a Section 504 plan

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    Florida Senate - 2002                  CS for SB's 2488 & 2314
    304-2320-02




  1  that reflects that the student has received the intensive

  2  remediation in reading as required by paragraph (4)(b) for

  3  more than 2 years but still demonstrates a deficiency in

  4  reading and who were previously retained in kindergarten,

  5  grade 1, or grade 2.

  6         6.  Students who have received the intensive

  7  remediation in reading as required by paragraph (4)(b) for 2

  8  or more years but still demonstrate a deficiency in reading

  9  and who were previously retained in kindergarten, grade 1, or

10  grade 2 for a total of 2 years. Intensive reading instruction

11  for students so promoted must include an altered instructional

12  day based upon an academic improvement plan that includes

13  specialized diagnostic information and specific reading

14  strategies for each student. The school district shall assist

15  schools and teachers in implementing reading strategies that

16  research has shown to be successful in improving reading among

17  low-performing readers.

18         (c)  Requests for good-cause exemptions from the

19  mandatory retention requirement, as described in

20  sub-subparagraphs (b)3. and 4., shall be made consistent with

21  the following:

22         1.  The student's teacher must submit documentation to

23  the school principal which indicates that the promotion of the

24  student is appropriate and is based upon the student's

25  academic record. In order to minimize paperwork requirements,

26  such documentation shall consist only of the existing Academic

27  Improvement Plan; Individual Education Plan, if applicable;

28  report card; or student portfolio.

29         2.  The school principal shall review and discuss such

30  recommendation with the teacher and make the determination as

31  to whether the student should be promoted or retained. If the

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    Florida Senate - 2002                  CS for SB's 2488 & 2314
    304-2320-02




  1  school principal determines that the student should be

  2  promoted, the school principal shall make such recommendation

  3  in writing to the district school superintendent. The district

  4  school superintendent must accept or reject the school

  5  principal's recommendation in writing.

  6         (7)(5)  ANNUAL REPORT.--

  7         (a)  In addition to the requirements in paragraph

  8  (5)(b), each district school board must annually report to the

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

10  student towards achieving state and district expectations for

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

12  district school board must report to the parent or legal

13  guardian the student's results on each statewide assessment

14  test. The evaluation of each student's progress must be based

15  upon the student's classroom work, observations, tests,

16  district and state assessments, and other relevant

17  information. Progress reporting must be provided to the parent

18  or legal guardian in writing in a format adopted by the

19  district school board.

20         (b)  Beginning with the 2002-2003 school year, each

21  district school board must annually publish, in the local

22  newspaper, and submit in a report to the State Board of

23  Education, by September 1, the following information on the

24  prior school year:

25         1.  The provisions of this section relating to public

26  school student progression and the district school board's

27  policies and procedures on student retention and promotion.

28         2.  By grade, the number and percent of all students in

29  grades 3 through 10 performing at levels 1 and 2 on the

30  reading portion of the FCAT.

31  

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    Florida Senate - 2002                  CS for SB's 2488 & 2314
    304-2320-02




  1         3.  By grade, the number and percent of all students

  2  retained in grades 3 through 10.

  3         4.  Information on the total number of students that

  4  were promoted for good-cause, by each category of good cause

  5  in paragraph (6)(b).

  6         5.  Any revisions to the district school board's policy

  7  on student retention and promotion from the prior year.

  8         (8)  STATE BOARD OF EDUCATION OVERSIGHT ENFORCEMENT

  9  AUTHORITY.--The State Board of Education shall oversee the

10  performance of district school boards in enforcement of this

11  section and applicable state board rules. District school

12  boards shall be primarily responsible for compliance with this

13  section and applicable state board rules.

14         (a)  In order to ensure compliance with this section

15  and applicable state board rules, the State Board of Education

16  shall have the authority to request and receive information,

17  data, and reports from school districts. District school

18  superintendents are responsible for the accuracy of the

19  information and data reported to the state board.

20         (b)  The Commissioner of Education may investigate

21  allegations of noncompliance with this section and applicable

22  state board rules and determine probable cause for future

23  action. Upon determination of probable cause, the commissioner

24  shall report to the State Board of Education, which shall

25  require the district school board to document compliance with

26  this section or applicable state board rules.

27         (c)  If the district school board cannot satisfactorily

28  document compliance, the State Board of Education may order

29  compliance within a specified timeframe.

30         (d)  If the State Board of Education determines that a

31  district school board is unwilling or unable to comply with

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    Florida Senate - 2002                  CS for SB's 2488 & 2314
    304-2320-02




  1  this section or applicable state board rules within the

  2  specified time, the state board shall have the authority to

  3  initiate any of the following actions:

  4         1.  Report to the Legislature that the school district

  5  has been unwilling or unable to comply with this section or

  6  applicable state board rules and recommend action to be taken

  7  by the Legislature.

  8         2.  Reduce the discretionary lottery appropriation

  9  until the school district complies with this section or

10  applicable state board rules.

11         3.  Withhold the transfer of state funds, discretionary

12  grant funds, or any other funds specified as eligible for this

13  purpose by the Legislature until the school district complies

14  with this section or applicable state board rules.

15         4.  Declare the school district ineligible for

16  competitive grants.

17         5.  Require monthly or periodic reporting on the

18  situation related to noncompliance until the noncompliance is

19  remedied.

20         (e)  Nothing in this section shall be construed to

21  create a private cause of action or create any rights for

22  individuals or entities in addition to those provided

23  elsewhere in law or rule.

24         (f)(6)  The State Board Commissioner of Education shall

25  adopt rules pursuant to ss. 120.536(1) and 120.54 for the

26  administration of this section.

27         (9)(7)  TECHNICAL ASSISTANCE.--The Department of

28  Education shall provide technical assistance as needed to aid

29  school districts in administering this section.

30         Section 2.  This act shall take effect July 1, 2002.

31  

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    Florida Senate - 2002                  CS for SB's 2488 & 2314
    304-2320-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2              Senate Bill 2488 and Senate Bill 2314

  3                                 

  4  Adds a good-cause exemption for students who have been
    retained for two years.  Provides guidelines for the type of
  5  instruction to be given those students when they are promoted.

  6  Specifies the type of documentation that teachers must provide
    to principals when recommending that a student be promoted for
  7  good-cause.

  8  Authorizes the State Board of Education to take certain steps
    to enforce the provisions of this legislation.
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