Senate Bill sb2310c1

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    Florida Senate - 2004                           CS for SB 2310

    By the Committee on Education; and Senators Atwater, Wilson
    and Cowin




    304-2669-04

  1                      A bill to be entitled

  2         An act relating to reading deficiencies;

  3         amending s. 1002.20, F.S.; providing certain

  4         rights to parents of students with reading

  5         deficiencies; requiring that parents receive

  6         understandable information and are consulted

  7         regarding a child's academic progress; amending

  8         s. 1008.25, F.S.; removing an obsolete date;

  9         providing notification of additional

10         information to parents of students who exhibit

11         a substantial reading deficiency; revising

12         certain good cause exemptions from mandatory

13         retention; requiring school districts to

14         provide certain reading interventions to

15         students who have been retained; providing

16         school district requirements relating to

17         remediation of student reading deficiencies,

18         parental notification, implementation of a

19         mid-year promotion policy, provision of

20         instructional options for students,

21         establishment of a Reading Enhancement and

22         Acceleration Development (READ) Initiative,

23         establishment of an intensive acceleration

24         class for retained 3rd grade students, and

25         reporting; providing an effective date.

26  

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

28  

29         Section 1.  Subsections (11) through (22) of section

30  1002.20, Florida Statutes, are renumbered as subsections (12)

31  

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    Florida Senate - 2004                           CS for SB 2310
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 1  through (23), respectively, and a new subsection (11) is added

 2  to that section to read:

 3         1002.20  K-12 student and parent rights.--Parents of

 4  public school students must receive accurate and timely

 5  information regarding their child's academic progress and must

 6  be informed of ways they can help their child to succeed in

 7  school. K-12 students and their parents are afforded numerous

 8  statutory rights including, but not limited to, the following:

 9         (11)  STUDENTS WITH READING DEFICIENCIES.--Each

10  elementary school shall regularly assess the reading ability

11  of each K-3 student. The parent of any K-3 student who

12  exhibits a reading deficiency shall be immediately notified of

13  the student's deficiency with a description and explanation,

14  in terms understandable to the parent, of the exact nature of

15  the student's difficulty in learning and lack of achievement

16  in reading; shall be consulted in the development of a

17  detailed academic improvement plan, as described in s.

18  1008.25(4)(b); and shall be informed that the student will be

19  given intensive reading instruction until the deficiency is

20  corrected. This subsection operates in addition to the

21  remediation and notification provisions contained in s.

22  1008.25 and in no way reduces the rights of a parent or the

23  responsibilities of a school district under that section.

24         Section 2.  Subsection (5) and paragraph (b) of

25  subsection (6) of section 1008.25, Florida Statutes, are

26  amended, subsections (7), (8), and (9) are renumbered as

27  subsections (8), (9), and (10), respectively, and a new

28  subsection (7) is added to that section, to read:

29         1008.25  Public school student progression; remedial

30  instruction; reporting requirements.--

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

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    Florida Senate - 2004                           CS for SB 2310
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 1         (a)  It is the ultimate goal of the Legislature that

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

 3  exhibits a substantial deficiency in reading, based upon

 4  locally determined or statewide assessments conducted in

 5  kindergarten or grade 1, grade 2, or grade 3, or through

 6  teacher observations, 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 assessments or through

10  teacher observations at the beginning of the grade following

11  the intensive reading instruction. The student must continue

12  to be provided with intensive reading instruction until the

13  reading deficiency is remedied.

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

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

16  is not remedied by the end of grade 3, as demonstrated by

17  scoring at Level 2 or higher on the statewide assessment test

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

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

20  parent of any student who exhibits a substantial deficiency in

21  reading, as described in paragraph (a), must be notified in

22  writing of the following:

23         1.  That his or her child has been identified as having

24  a substantial deficiency in reading.

25         2.  A description of the current services that are

26  provided to the child.

27         3.  A description of the proposed supplemental

28  instructional services and supports that will be provided to

29  the child that are designed to remediate the identified area

30  of reading deficiency.

31  

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    Florida Senate - 2004                           CS for SB 2310
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 1         4.  That if the child's reading deficiency is not

 2  remediated by the end of grade 3, the child must be retained

 3  unless he or she is exempt from mandatory retention for good

 4  cause.

 5         5.  Strategies for parents to use in helping their

 6  child succeed in reading proficiency.

 7         6.  That the Florida Comprehensive Assessment Test

 8  (FCAT) is not the sole determiner of promotion and that

 9  additional evaluations, portfolio reviews, and assessments are

10  available to the child to assist parents and the school

11  district in knowing when a child is reading at or above grade

12  level and ready for grade promotion.

13         7.  The district's specific criteria and policies for

14  mid-year promotion. Mid-year promotion means promotion of a

15  retained student at any time during the year of retention once

16  the student has demonstrated ability to read at grade level.

17         (6)  ELIMINATION OF SOCIAL PROMOTION.--

18         (b)  The district school board may only exempt students

19  from mandatory retention, as provided in paragraph (5)(b), for

20  good cause. Good cause exemptions shall be limited to the

21  following:

22         1.  Limited English proficient students who have had

23  less than 2 years of instruction in an English for Speakers of

24  Other Languages program.

25         2.  Students with disabilities whose individual

26  education plan indicates that participation in the statewide

27  assessment program is not appropriate, consistent with the

28  requirements of State Board of Education rule.

29         3.  Students who demonstrate an acceptable level of

30  performance on an alternative standardized reading assessment

31  approved by the State Board of Education.

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    Florida Senate - 2004                           CS for SB 2310
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 1         4.  Students who demonstrate, through a student

 2  portfolio, that the student is reading on grade level as

 3  evidenced by demonstration of mastery of the Sunshine State

 4  Standards in reading equal to at least a Level 2 performance

 5  on the FCAT.

 6         5.  Students with disabilities who participate in the

 7  FCAT and who have an individual education plan or a Section

 8  504 plan that reflects that the student has received the

 9  intensive remediation in reading, as required by paragraph

10  (4)(b), for more than 2 years but still demonstrates a

11  deficiency in reading and was previously retained in

12  kindergarten, grade 1, or grade 2, or grade 3.

13         6.  Students who have received the intensive

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

15  or more years but still demonstrate a deficiency in reading

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

17  grade 2, or grade 3 for a total of 2 years. Intensive reading

18  instruction for students so promoted must include an altered

19  instructional day based upon an academic improvement plan that

20  includes specialized diagnostic information and specific

21  reading strategies for each student. The district school board

22  shall assist schools and teachers to implement reading

23  strategies that research has shown to be successful in

24  improving reading among low performing readers.

25         (7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.--

26         (a)  Students retained under the provisions of

27  paragraph (5)(b) must be provided intensive interventions in

28  reading to ameliorate the student's specific reading

29  deficiency, as identified by a valid and reliable diagnostic

30  assessment. This intensive intervention must include effective

31  instructional strategies, participation in the school

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    Florida Senate - 2004                           CS for SB 2310
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 1  district's summer reading camp, and appropriate teaching

 2  methodologies necessary to assist those students in becoming

 3  successful readers, able to read at or above grade level, and

 4  ready for promotion to the next grade.

 5         (b)  Beginning with the 2004-2005 school year, each

 6  school district shall:

 7         1.  Conduct a review of student academic improvement

 8  plans for all students who did not score above Level 1 on the

 9  reading portion of the FCAT and did not meet the criteria for

10  one of the good cause exemptions in paragraph (6)(b). The

11  review shall address additional supports and services, as

12  described in this subsection, needed to remediate the

13  identified areas of reading deficiency. The school district

14  shall require a student portfolio to be completed for each

15  such student.

16         2.  Provide students who are retained under the

17  provisions of paragraph (5)(b) with intensive instructional

18  services and supports to remediate the identified areas of

19  reading deficiency, including a minimum of 90 minutes of

20  daily, uninterrupted, scientifically research-based reading

21  instruction and other strategies prescribed by the school

22  district, which may include, but are not limited to:

23         a.  Small group instruction.

24         b.  Reduced teacher-student ratios.

25         c.  More frequent progress monitoring.

26         d.  Tutoring or mentoring.

27         e.  Transition classes containing 3rd and 4th grade

28  students.

29         f.  Extended school day, week, or year.

30         g.  Summer reading camps.

31  

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    Florida Senate - 2004                           CS for SB 2310
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 1         3.  Provide written notification to the parent of any

 2  student who is retained under the provisions of paragraph

 3  (5)(b) that his or her child has not met the proficiency level

 4  required for promotion and the reasons the child is not

 5  eligible for a good cause exemption as provided in paragraph

 6  (6)(b). The notification must comply with the provisions of s.

 7  1002.20(14) and must include a description of proposed

 8  interventions and supports that will be provided to the child

 9  to remediate the identified areas of reading deficiency.

10         4.  Implement a policy for the mid-year promotion of

11  any student retained under the provisions of paragraph (5)(b)

12  who can demonstrate that he or she is a successful and

13  independent reader, reading at or above grade level, and ready

14  to be promoted to grade 4. Tools that school districts may use

15  in reevaluating any student retained may include subsequent

16  assessments, alternative assessments, and portfolio reviews,

17  in accordance with rules of the State Board of Education.

18  Students promoted during the school year after November 1 must

19  demonstrate proficiency above that required to score at Level

20  2 on the grade 3 FCAT, as determined by the State Board of

21  Education. The State Board of Education shall adopt standards

22  that provide a reasonable expectation that the student's

23  progress is sufficient to master appropriate 4th grade level

24  reading skills.

25         5.  Provide students who are retained under the

26  provisions of paragraph (5)(b) with a high-performing teacher

27  as determined by student performance data and

28  above-satisfactory performance appraisals.

29         6.  In addition to required reading enhancement and

30  acceleration strategies, provide parents of students to be

31  

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    Florida Senate - 2004                           CS for SB 2310
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 1  retained with at least one of the following instructional

 2  options:

 3         a.  Supplemental tutoring in scientifically

 4  research-based reading services in addition to the regular

 5  reading block, including tutoring before or after school.

 6         b.  A "Read at Home" plan outlined in a parental

 7  contract, including participation in "Families Building Better

 8  Readers Workshops" and regular parent-guided home reading.

 9         c.  A mentor or tutor with specialized reading

10  training.

11         7.  Establish a Reading Enhancement and Acceleration

12  Development (READ) Initiative. The focus of the READ

13  Initiative shall be to prevent the retention of grade 3

14  students and to offer intensive accelerated reading

15  instruction to grade 3 students who failed to meet standards

16  for promotion to grade 4 and to each K-3 student who is

17  assessed as exhibiting a reading deficiency. The READ

18  Initiative shall:

19         a.  Be provided to all K-3 students at risk of

20  retention as identified by the statewide assessment system

21  used in Reading First schools. The assessment must measure

22  phonemic awareness, phonics, fluency, vocabulary, and

23  comprehension.

24         b.  Be provided during regular school hours in addition

25  to the regular reading instruction.

26         c.  Provide a state-identified reading curriculum that

27  has been reviewed by the Florida Center for Reading Research

28  at Florida State University and meets, at a minimum, the

29  following specifications:

30         (I)  Assists students assessed as exhibiting a reading

31  deficiency in developing the ability to read at grade level.

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    Florida Senate - 2004                           CS for SB 2310
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 1         (II)  Provides skill development in phonemic awareness,

 2  phonics, fluency, vocabulary, and comprehension.

 3         (III)  Provides scientifically based and reliable

 4  assessment.

 5         (IV)  Provides initial and ongoing analysis of each

 6  student's reading progress.

 7         (V)  Is implemented during regular school hours.

 8         (VI)  Provides a curriculum in core academic subjects

 9  to assist the student in maintaining or meeting proficiency

10  levels for the appropriate grade in all academic subjects.

11         8.  Establish at each school, where applicable, an

12  intensive acceleration class for retained third graders who

13  subsequently score at Level 1 on the reading portion of the

14  FCAT. The focus of the intensive acceleration class shall be

15  to increase a child's reading level at least two grade levels

16  in 1 school year. The intensive acceleration class shall:

17         a.  Be provided to any student in grade 3 scoring at

18  Level 1 on the reading portion of the FCAT and who was

19  retained in grade 3 the prior year because of scoring at Level

20  1 on the reading portion of the FCAT.

21         b.  Have reduced teacher-student ratios.

22         c.  Provide uninterrupted reading instruction for the

23  majority of student contact time each day and incorporate

24  opportunities to master the grade 4 Sunshine State Standards

25  in other core subject areas.

26         d.  Use a reading program that is scientifically

27  research-based and has proven results in accelerating student

28  reading achievement within the same school year.

29         e.  Provide intensive language and vocabulary

30  instruction using a scientifically research-based program,

31  including use of a speech-language therapist.

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    Florida Senate - 2004                           CS for SB 2310
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 1         f.  Include weekly progress monitoring measures to

 2  ensure that progress is being made.

 3         g.  Report to the Department of Education, in the

 4  manner described by the department, the progress of these

 5  students at the end of the first semester.

 6         9.  Report to the State Board of Education, as

 7  requested, on the specific intensive reading interventions and

 8  supports implemented at the school district level. The

 9  Commissioner of Education shall annually prescribe the

10  required components of requested reports.

11         10.  Provide a student who has been retained in grade 3

12  and has received intensive instructional services but is still

13  not ready for grade promotion, as determined by the school

14  district, the option of being placed in a transitional

15  instructional setting. Such setting shall specifically be

16  designed to produce learning gains sufficient to meet grade 4

17  performance standards while continuing to remediate the areas

18  of reading deficiency.

19         Section 3.  This act shall take effect July 1, 2004.

20  

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                         Senate Bill 2310

23                                 

24  Removes designated time length for summer reading camps.

25  Makes a technical change.

26  

27  

28  

29  

30  

31  

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