HB 1737

CS

CHAMBER ACTION

1	The Education Appropriations Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to education; amending s. 1001.03, F.S.;
7	requiring the State Board of Education to review the
8	Sunshine State Standards and provide a report evaluating
9	the extent to which the standards are being taught;
10	creating s. 1001.215, F.S.; creating the Just Read,
11	Florida! Office in the Department of Education; providing
12	duties; amending s. 1001.41, F.S.; requiring district
13	school boards to adopt policies to provide each student a
14	complete education program; amending s. 1001.42, F.S.;
15	conforming provisions; amending s. 1003.415, F.S.;
16	providing the mission of middle grades; deleting the
17	rigorous reading requirement for middle grade students;
18	deleting obsolete language relating to a department study;
19	revising requirements for development of a student middle
20	school success plan; creating s. 1003.4155, F.S.;
21	specifying the grading scale for grades 6 through 8;
22	creating s. 1003.4156, F.S.; specifying general
23	requirements for middle school promotion; requiring an
24	intensive reading course under certain circumstances;
25	defining an academic credit; authorizing a process for
26	waiving requirements; requiring the adoption of rules for
27	alternative promotion standards for students in schools
28	with certain grade configurations; creating s. 1004.64,
29	F.S.; creating the Florida Center for Reading Research;
30	providing duties, including the establishment of regional
31	partnerships; providing a restriction with respect to
32	persons with financial interests; amending s. 1008.25,
33	F.S.; requiring the department to establish a uniform
34	format for reporting information relating to student
35	progression; requiring an annual report; amending s.
36	1011.62, F.S.; providing funding for supplemental services
37	for certain students; conforming cross references;
38	establishing a research-based reading instruction
39	allocation to provide funds for a comprehensive reading
40	instruction system; requiring school district plans for
41	use of the allocation and approval thereof; including the
42	allocation in the total amount allocated to each school
43	district for current operation; amending s. 1011.71, F.S.;
44	correcting a cross reference; amending s. 1012.34, F.S.;
45	conforming provisions; creating s. 1012.986, F.S.;
46	establishing the A+ Professional Development Program for
47	School Leaders; defining the term "school leader";
48	establishing school leadership designations and criteria
49	therefor; providing criteria for calculating school grades
50	for purpose of such designations; providing program
51	requirements and delivery; requiring the adoption of
52	rules; providing an effective date.
53
54	Be It Enacted by the Legislature of the State of Florida:
55
56	Section 1.  Subsection (1) of section 1001.03, Florida
57	Statutes, is amended to read:
58	1001.03  Specific powers of State Board of Education.--
59	(1)  PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The State
60	Board of Education shall approve the student performance
61	standards known as the Sunshine State Standards in key academic
62	subject areas and grade levels. The state board shall
63	periodically review the standards to ensure adequate rigor and
64	evaluate the extent to which the standards are being taught at
65	each grade level. The evaluation shall be provided to the
66	Governor, the Speaker of the House of Representatives, and the
67	President of the Senate and shall include a determination of the
68	district school boards' provision of a complete education
69	program pursuant to s. 1001.41(3).
70	Section 2.  Section 1001.215, Florida Statutes, is created
71	to read:
72	1001.215  Just Read, Florida! Office.--There is created in
73	the Department of Education the Just Read, Florida! Office. The
74	office shall:
75	(1)  Train professionally certified teachers to become
76	certified reading coaches.
77	(2)  Create multiple designations of effective reading
78	instruction, with accompanying credentials, that encourage all
79	teachers to integrate reading instruction into their content
80	areas.
81	(3)  Train K-12 teachers, school principals, and parents on
82	research-based reading instruction strategies.
83	(4)  Provide technical assistance to school districts in
84	the development and implementation of district plans for use of
85	the research-based reading instruction allocation provided in s.
86	1011.62(8) and annually review and approve such plans.
87	(5)  Work with the Florida Center for Reading Research
88	created pursuant to s. 1004.64 to provide information on
89	research-based reading programs.
90	(6)  Periodically review the Sunshine State Standards for
91	reading at all grade levels.
92	(7)  Periodically review teacher certification examinations
93	to ensure that the examinations measure necessary skills in
94	research-based reading instructional strategies.
95	(8)  Work with teacher preparation programs approved
96	pursuant to s. 1004.04 to ensure integration of research-based
97	reading instructional strategies into teacher preparation
98	programs.
99	(9)  Administer grants and perform other functions
100	necessary to assist with meeting the goal that all students read
101	at grade level.
102	Section 3.  Subsection (3) of section 1001.41, Florida
103	Statutes, is amended to read:
104	1001.41  General powers of district school board.--The
105	district school board, after considering recommendations
106	submitted by the district school superintendent, shall exercise
107	the following general powers:
108	(3)  Prescribe and adopt standards and policies to provide
109	each student the opportunity to receive a complete education
110	program, including language arts, mathematics, science, social
111	studies, health, physical education, foreign languages, and the
112	arts as defined by the Sunshine State Standards pursuant to s.
113	1001.03(1) as are considered desirable by it for improving the
114	district school system.
115	Section 4.  Paragraph (a) of subsection (16) of section
116	1001.42, Florida Statutes, is amended to read:
117	1001.42  Powers and duties of district school board.--The
118	district school board, acting as a board, shall exercise all
119	powers and perform all duties listed below:
120	(16)  IMPLEMENT SCHOOL IMPROVEMENT AND
121	ACCOUNTABILITY.--Maintain a system of school improvement and
122	education accountability as provided by statute and State Board
123	of Education rule. This system of school improvement and
124	education accountability shall be consistent with, and
125	implemented through, the district's continuing system of
126	planning and budgeting required by this section and ss.
127	1008.385, 1010.01, and 1011.01. This system of school
128	improvement and education accountability shall include, but is
129	not limited to, the following:
130	(a)  School improvement plans.--Annually approve and
131	require implementation of a new, amended, or continuation school
132	improvement plan for each school in the district, except that a
133	district school board may establish a district school
134	improvement plan that includes all schools in the district
135	operating for the purpose of providing educational services to
136	youth in Department of Juvenile Justice programs. Such plan
137	shall be designed to achieve the state education priorities
138	pursuant to s. 1000.03(5) and student performance standards. In
139	addition, any school required to implement a rigorous reading
140	requirement pursuant to s. 1003.415 must include such component
141	in its school improvement plan. Each plan shall also address
142	issues relative to budget, training, instructional materials,
143	technology, staffing, student support services, specific school
144	safety and discipline strategies, student health and fitness,
145	including physical fitness, parental information on student
146	health and fitness, and indoor environmental air quality, and
147	other matters of resource allocation, as determined by district
148	school board policy, and shall be based on an analysis of
149	student achievement and other school performance data.
150	Section 5.  Section 1003.415, Florida Statutes, is amended
151	to read:
152	1003.415  The Middle Grades Reform Act.--
153	(1)  POPULAR NAME.--This section shall be known by the
154	popular name the "Middle Grades Reform Act."
155	(2)  PURPOSE AND INTENT.--
156	(a)  The purpose of this section is to provide added focus
157	and rigor to academics in the middle grades. Using reading as
158	the foundation, all middle grade students should receive
159	rigorous academic instruction through challenging curricula
160	delivered by highly qualified teachers in schools with
161	outstanding leadership, which schools are supported by engaged
162	and informed parents.
163	(b)  It is the intent of the Legislature that students
164	promoted from the eighth grade will be ready for success in high
165	school and that the mission of middle grades is to prepare
166	students to graduate from high school.
167	(3)  DEFINITION.--As used in this section, the term "middle
168	grades" means grades 6, 7, and 8.
169	(4)  CURRICULA AND COURSES.--The Department of Education
170	shall review course offerings, teacher qualifications,
171	instructional materials, and teaching practices used in reading
172	and language arts programs in the middle grades. The department
173	must consult with the Florida Center for Reading Research at
174	Florida State University, the Just Read, Florida! Office,
175	reading researchers, reading specialists, and district
176	supervisors of curriculum in the development of findings and
177	recommendations. The Commissioner of Education shall make
178	recommendations to the State Board of Education regarding
179	changes to reading and language arts curricula in the middle
180	grades based on research-based proven effective programs. The
181	State Board of Education shall adopt rules based upon the
182	commissioner's recommendations no later than March 1, 2005.
183	Implementation of new or revised reading and language arts
184	courses in all middle grades shall be phased in beginning no
185	later than the 2005-2006 school year with completion no later
186	than the 2008-2009 school year.
187	(5)  RIGOROUS READING REQUIREMENT.--
188	(a)  Beginning with the 2004-2005 school year, each public
189	school serving middle grade students, including charter schools,
190	with fewer than 75 percent of its students reading at or above
191	grade level in grade 6, grade 7, or grade 8 as measured by a
192	student scoring at Level 3 or above on the FCAT during the prior
193	school year, must incorporate by October 1 a rigorous reading
194	requirement for reading and language arts programs as the
195	primary component of its school improvement plan. The department
196	shall annually provide to each district school board by June 30
197	a list of its schools that are required to incorporate a
198	rigorous reading requirement as the primary component of the
199	school's improvement plan. The department shall provide
200	technical assistance to school districts and school
201	administrators required to implement the rigorous reading
202	requirement.
203	(b)  The purpose of the rigorous reading requirement is to
204	assist each student who is not reading at or above grade level
205	to do so before entering high school. The rigorous reading
206	requirement must include for a middle school's low-performing
207	student population specific areas that address phonemic
208	awareness, phonics, fluency, comprehension, and vocabulary; the
209	desired levels of performance in those areas; and the
210	instructional and support services to be provided to meet the
211	desired levels of performance. The school shall use research-
212	based reading activities that have been shown to be successful
213	in teaching reading to low-performing students.
214	(c)  Schools required to implement the rigorous reading
215	requirement must provide quarterly reports to the district
216	school superintendent on the progress of students toward
217	increased reading achievement.
218	(d)  The results of implementation of a school's rigorous
219	reading requirement shall be used as part of the annual
220	evaluation of the school's instructional personnel and school
221	administrators as required in s. 1012.34.
222	(6)  COMPREHENSIVE REFORM STUDY ON THE ACADEMIC PERFORMANCE
223	OF STUDENTS AND SCHOOLS.--
224	(a)  The department shall conduct a study on how the
225	overall academic performance of middle grade students and
226	schools can be improved. The department must consult with the
227	Florida Center for Reading Research at Florida State University,
228	the Just Read, Florida! Office, and key education stakeholders,
229	including district school board members, district school
230	superintendents, principals, parents, teachers, district
231	supervisors of curriculum, and students across the state, in the
232	development of its findings and recommendations. The department
233	shall review, at a minimum, each of the following elements:
234	1.  Academic expectations, which include, but are not
235	limited to:
236	a.  Alignment of middle school expectations with elementary
237	and high school graduation requirements.
238	b.  Best practices to improve reading and language arts
239	courses based on research-based programs for middle school
240	students in alignment with the Sunshine State Standards.
241	c.  Strategies that focus on improving academic success for
242	low-performing students.
243	d.  Rigor of curricula and courses.
244	e.  Instructional materials.
245	f.  Course enrollment by middle school students.
246	g.  Student support services.
247	h.  Measurement and reporting of student achievement.
248	2.  Attendance policies and student mobility issues.
249	3.  Teacher quality, which includes, but is not limited to:
250	a.  Preparedness of teachers to teach rigorous courses to
251	middle school students.
252	b.  Teacher evaluations.
253	c.  Substitute teachers.
254	d.  Certification and recertification requirements.
255	e.  Staff development requirements.
256	f.  Availability of effective staff development training.
257	g.  Teacher recruitment and vacancy issues.
258	h.  Federal requirements for highly qualified teachers
259	pursuant to the No Child Left Behind Act of 2001.
260	4.  Identification and availability of diagnostic testing.
261	5.  Availability of personnel and scheduling issues.
262	6.  Middle school leadership and performance.
263	7.  Parental and community involvement.
264	(b)  By December 1, 2004, the Commissioner of Education
265	shall submit to the President of the Senate, the Speaker of the
266	House of Representatives, the chairs of the education committees
267	in the Senate and the House of Representatives, and the State
268	Board of Education recommendations to increase the academic
269	performance of middle grade students and schools.
270	(5)(7)  PERSONALIZED MIDDLE SCHOOL SUCCESS PLAN.--
271	(a)  Beginning with the 2004-2005 school year, Each
272	principal of a school with a middle grade shall designate
273	certified staff members at the school to develop and administer
274	a personalized middle school success plan for each entering
275	sixth grade student who scored below Level 2.5 3 in reading on
276	the most recently administered FCAT. The purpose of the success
277	plan is to assist the student in meeting state and school
278	district expectations in academic proficiency and to prepare the
279	student for a rigorous high school curriculum. The success plan
280	shall be developed in collaboration with the student and his or
281	her parent and must be implemented until the student completes
282	the eighth grade or achieves a score at Level 2.5 3 or above in
283	reading on the FCAT, whichever occurs first. The success plan
284	must minimize paperwork and may be incorporated into a
285	parent/teacher conference, included as part of a progress report
286	or report card, included as part of a general orientation at the
287	beginning of the school year, or provided by electronic mail or
288	other written correspondence.
289	(b)  The personalized middle school success plan must:
290	1.  Identify educational goals and intermediate benchmarks
291	for the student in the core curriculum areas which will prepare
292	the student for high school.
293	2.  Be based upon academic performance data and an
294	identification of the student's strengths and weaknesses.
295	3.  Include academic intervention strategies with frequent
296	progress monitoring.
297	4.  Provide innovative methods to promote the student's
298	advancement which may include, but not be limited to, flexible
299	scheduling, tutoring, focus on core curricula, online
300	instruction, an alternative learning environment, or other
301	interventions that have been shown to accelerate the learning
302	process.
303	(c)  The personalized middle school success plan must be
304	incorporated into any individual student plan required by
305	federal or state law, including the academic improvement plan
306	required in s. 1008.25, an individual education plan (IEP) for a
307	student with disabilities, a federal 504 plan, or an ESOL plan.
308	(d)  The Department of Education shall provide technical
309	assistance for districts, school administrators, and
310	instructional personnel regarding the development of
311	personalized middle school success plans. The assistance shall
312	include strategies and techniques designed to maximize
313	interaction between students, parents, teachers, and other
314	instructional and administrative staff while minimizing
315	paperwork.
316	(6)(8)  STATE BOARD OF EDUCATION AUTHORITY.--
317	(a)  The State Board of Education shall have authority to
318	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
319	the provisions of this section.
320	(b)  The State Board of Education shall have authority
321	pursuant to s. 1008.32 to enforce the provisions of this
322	section.
323	Section 6.  Section 1003.4155, Florida Statutes, is created
324	to read:
325	1003.4155  Middle school grading system.--The grading
326	system and interpretation of letter grades used in grades 6
327	through 8 shall be as follows:
328	(1)  Grade "A" equals 90 percent through 100 percent, has a
329	grade point average value of 4, and is defined as "outstanding
330	progress."
331	(2)  Grade "B" equals 80 percent through 89 percent, has a
332	grade point average value of 3, and is defined as "above average
333	progress."
334	(3)  Grade "C" equals 70 percent through 79 percent, has a
335	grade point average value of 2, and is defined as "average
336	progress."
337	(4)  Grade "D" equals 60 percent through 69 percent, has a
338	grade point average value of 1, and is defined as "lowest
339	acceptable progress."
340	(5)  Grade "F" equals zero percent through 59 percent, has
341	a grade point average value of zero, and is defined as
342	"failure."
343	(6)  Grade "I" equals zero percent, has a grade point
344	average value of zero, and is defined as "incomplete."
345	Section 7.  Section 1003.4156, Florida Statutes, is created
346	to read:
347	1003.4156  General requirements for middle school
348	promotion.--
349	(1)  Beginning with students entering grade 6 in the 2005-
350	2006 school year, promotion from a middle school with grades 6
351	through 8 requires that:
352	(a)  A student must successfully complete 12 academic
353	credits as follows:
354	1.  Three middle school or higher credits in
355	English/language arts.
356	2.  Three middle school or higher credits in mathematics.
357	3.  Three middle school or higher credits in social
358	studies.
359	4.  Three middle school or higher credits in science.
360
361	Other courses offered in middle school, including music, band,
362	physical education, and art, shall be considered electives.
363	(b)  For each year in which a student scores at Level 1 or
364	Level 2 on FCAT Reading, the student must the following year be
365	enrolled in and complete a full-year intensive reading course
366	based on frameworks developed by the Florida Center for Reading
367	Research pursuant to s. 1004.64(4).
368	(2)  One full credit means a minimum of 135 hours of
369	instruction in a designated course of study that contains
370	student performance standards. For schools authorized by the
371	district school board to implement block scheduling, one full
372	credit means a minimum of 120 hours of instruction in a
373	designated course of study that contains student performance
374	standards.
375	(3)  District school boards may establish a process for
376	waiving the requirements of this section. The State Board of
377	Education shall approve each school district's waiver process
378	prior to implementation by the school district. A waiver process
379	must include, but is not limited to, opportunities for students
380	to:
381	(a)  Recover credits.
382	(b)  Be promoted on time to high school.
383	(c)  Be placed in alternative programs that emphasize
384	applied integrated curricula, small learning communities,
385	support services, increased discipline, or other strategies
386	documented to improve student achievement.
387	(4)  The State Board of Education shall adopt rules
388	pursuant to ss. 120.536(1) and 120.54 to provide for alternative
389	middle school promotion standards for students in grades 6, 7,
390	or 8 who are not enrolled in schools with a grade 6 through 8
391	middle school configuration.
392	Section 8.  Section 1004.64, Florida Statutes, is created
393	to read:
394	1004.64  Florida Center for Reading Research.--There is
395	created the Florida Center for Reading Research (FCRR) which
396	shall be administratively assigned as determined by the Board of
397	Governors. The center shall:
398	(1)  Provide technical assistance and support to all school
399	districts and schools in the state in the implementation of
400	evidence-based literacy instruction, assessments, and programs.
401	(2)  Conduct applied research that will have an immediate
402	impact on policy and practices related to literacy instruction
403	and assessment in the state.
404	(3)  Conduct basic research on reading, reading growth,
405	reading assessment, and reading instruction that will contribute
406	to scientific knowledge about reading.
407	(4)  Develop comprehensive reading intervention course
408	frameworks for middle and high schools.
409	(5)  Disseminate information about research-based practices
410	related to literacy instruction, assessment, and programs for
411	children in preschool through grade 12.
412	(6)  Collect, manage, and report on assessment information
413	from screening, progress monitoring, and outcome assessments
414	through Florida's Progress Monitoring and Reporting Network,
415	which is a statewide resource that is operated to provide valid
416	and timely reading assessment data for parents, teachers,
417	principals, district-level staff, and state-level staff in the
418	management of instruction at the individual, classroom, and
419	school levels.
420	(7)  In order to fulfill the requirements of this section,
421	establish regional partnerships with state universities as
422	determined by the Board of Governors, with community colleges as
423	determined by the State Board of Education, and with independent
424	postsecondary institutions as determined by their individual
425	governing boards.
426
427	Persons engaged in activities on behalf of the Florida Center
428	for Reading Research pursuant to this section must be
429	individuals who do not have, and none of whose relatives as
430	defined in s. 112.3143 has, a substantial financial interest in
431	the design or delivery of reading-related instructional
432	materials, programs, courses, or training. For purposes of this
433	section, such persons are defined as employees of an agency
434	pursuant to s. 112.313.
435	Section 9.  Paragraph (b) of subsection (8) of section
436	1008.25, Florida Statutes, is amended, and paragraph (c) is
437	added to said subsection, to read:
438	1008.25  Public school student progression; remedial
439	instruction; reporting requirements.--
440	(8)  ANNUAL REPORT.--
441	(b)  Beginning with the 2001-2002 school year, Each
442	district school board must annually publish in the local
443	newspaper, and report in writing to the State Board of Education
444	by September 1 of each year, the following information on the
445	prior school year:
446	1.  The provisions of this section relating to public
447	school student progression and the district school board's
448	policies and procedures on student retention and promotion.
449	2.  By grade, the number and percentage of all students in
450	grades 3 through 10 performing at Levels 1 and 2 on the reading
451	portion of the FCAT.
452	3.  By grade, the number and percentage of all students
453	retained in grades 3 through 10.
454	4.  Information on the total number of students who were
455	promoted for good cause, by each category of good cause as
456	specified in paragraph (6)(b).
457	5.  Any revisions to the district school board's policy on
458	student retention and promotion from the prior year.
459	(c)  The Department of Education shall establish a uniform
460	format for school districts to report the information required
461	in paragraph (b). The format shall be developed with input from
462	school districts and shall be provided not later than 60 days
463	prior to the annual due date. The department shall annually
464	compile the information required in subparagraphs (b)2., 3., and
465	4., along with state-level summary information, and report such
466	information to the Governor, the President of the Senate, and
467	the Speaker of the House of Representatives.
468	Section 10.  Paragraph (f) of subsection (1) and paragraphs
469	(a) and (b) of subsection (4) of section 1011.62, Florida
470	Statutes, are amended, subsections (8) and (9) are renumbered as
471	subsections (9) and (10), respectively, and amended, and a new
472	subsection (8) is added to said section, to read:
473	1011.62  Funds for operation of schools.--If the annual
474	allocation from the Florida Education Finance Program to each
475	district for operation of schools is not determined in the
476	annual appropriations act or the substantive bill implementing
477	the annual appropriations act, it shall be determined as
478	follows:
479	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
480	OPERATION.--The following procedure shall be followed in
481	determining the annual allocation to each district for
482	operation:
483	(f)  Supplemental academic instruction; categorical fund.--
484	1.  There is created a categorical fund to provide
485	supplemental academic instruction to students in kindergarten
486	through grade 12. This paragraph may be cited as the
487	"Supplemental Academic Instruction Categorical Fund."
488	2.  Categorical funds for supplemental academic instruction
489	shall be allocated annually to each school district in the
490	amount provided in the General Appropriations Act. These funds
491	shall be in addition to the funds appropriated on the basis of
492	FTE student membership in the Florida Education Finance Program
493	and shall be included in the total potential funds of each
494	district. These funds shall be used to provide supplemental
495	academic instruction to students enrolled in the K-12 program.
496	Supplemental instruction strategies may include, but are not
497	limited to: modified curriculum, reading instruction, after-
498	school instruction, tutoring, mentoring, class size reduction,
499	extended school year, intensive skills development in summer
500	school, and other methods for improving student achievement.
501	Supplemental instruction may be provided to a student in any
502	manner and at any time during or beyond the regular 180-day term
503	identified by the school as being the most effective and
504	efficient way to best help that student progress from grade to
505	grade and to graduate.
506	3.  Effective with the 1999-2000 fiscal year, funding on
507	the basis of FTE membership beyond the 180-day regular term
508	shall be provided in the FEFP only for students enrolled in
509	juvenile justice education programs. Funding for instruction
510	beyond the regular 180-day school year for all other K-12
511	students shall be provided through the supplemental academic
512	instruction categorical fund and other state, federal, and local
513	fund sources with ample flexibility for schools to provide
514	supplemental instruction to assist students in progressing from
515	grade to grade and graduating.
516	4.  The Florida State University School, as a lab school,
517	is authorized to expend from its FEFP or Lottery Enhancement
518	Trust Fund allocation the cost to the student of remediation in
519	reading, writing, or mathematics for any graduate who requires
520	remediation at a postsecondary educational institution.
521	5.  Beginning in the 1999-2000 school year, dropout
522	prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
523	(b), and (c), and 1003.54 shall be included in group 1 programs
524	under subparagraph (d)3.
525	6.  Beginning in the 2005-2006 school year, parents of
526	students who score at Level 1 on FCAT Reading in non-Title I
527	schools shall be offered the opportunity to choose supplemental
528	services from a list of providers approved by the Department of
529	Education, funded in an amount per student as determined
530	annually in the General Appropriations Act.
531	(4)  COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The
532	Legislature shall prescribe the aggregate required local effort
533	for all school districts collectively as an item in the General
534	Appropriations Act for each fiscal year. The amount that each
535	district shall provide annually toward the cost of the Florida
536	Education Finance Program for kindergarten through grade 12
537	programs shall be calculated as follows:
538	(a)  Estimated taxable value calculations.--
539	1.a.  Not later than 2 working days prior to July 19, the
540	Department of Revenue shall certify to the Commissioner of
541	Education its most recent estimate of the taxable value for
542	school purposes in each school district and the total for all
543	school districts in the state for the current calendar year
544	based on the latest available data obtained from the local
545	property appraisers. Not later than July 19, the Commissioner of
546	Education shall compute a millage rate, rounded to the next
547	highest one one-thousandth of a mill, which, when applied to 95
548	percent of the estimated state total taxable value for school
549	purposes, would generate the prescribed aggregate required local
550	effort for that year for all districts. The Commissioner of
551	Education shall certify to each district school board the
552	millage rate, computed as prescribed in this subparagraph, as
553	the minimum millage rate necessary to provide the district
554	required local effort for that year.
555	b.  The General Appropriations Act shall direct the
556	computation of the statewide adjusted aggregate amount for
557	required local effort for all school districts collectively from
558	ad valorem taxes to ensure that no school district's revenue
559	from required local effort millage will produce more than 90
560	percent of the district's total Florida Education Finance
561	Program calculation, and the adjustment of the required local
562	effort millage rate of each district that produces more than 90
563	percent of its total Florida Education Finance Program
564	entitlement to a level that will produce only 90 percent of its
565	total Florida Education Finance Program entitlement in the July
566	calculation.
567	2.  As revised data are received from property appraisers,
568	the Department of Revenue shall amend the certification of the
569	estimate of the taxable value for school purposes. The
570	Commissioner of Education, in administering the provisions of
571	subparagraph (10)(9)(a)2., shall use the most recent taxable
572	value for the appropriate year.
573	(b)  Final calculation.--
574	1.  The Department of Revenue shall, upon receipt of the
575	official final assessed value of property from each of the
576	property appraisers, certify to the Commissioner of Education
577	the taxable value total for school purposes in each school
578	district, subject to the provisions of paragraph (d). The
579	commissioner shall use the official final taxable value for
580	school purposes for each school district in the final
581	calculation of the annual Florida Education Finance Program
582	allocations.
583	2.  For the purposes of this paragraph, the official final
584	taxable value for school purposes shall be the taxable value for
585	school purposes on which the tax bills are computed and mailed
586	to the taxpayers, adjusted to reflect final administrative
587	actions of value adjustment boards and judicial decisions
588	pursuant to part I of chapter 194. By September 1 of each year,
589	the Department of Revenue shall certify to the commissioner the
590	official prior year final taxable value for school purposes. For
591	each county that has not submitted a revised tax roll reflecting
592	final value adjustment board actions and final judicial
593	decisions, the Department of Revenue shall certify the most
594	recent revision of the official taxable value for school
595	purposes. The certified value shall be the final taxable value
596	for school purposes, and no further adjustments shall be made,
597	except those made pursuant to subparagraph (10)(9)(a)2.
598	(8)  RESEARCH-BASED READING INSTRUCTION ALLOCATION.--
599	(a)  The research-based reading instruction allocation is
600	created to provide comprehensive reading instruction to students
601	in kindergarten through grade 12.
602	(b)  Funds for comprehensive, research-based reading
603	instruction shall be allocated annually to each school district
604	in the amount provided in the General Appropriations Act. Each
605	eligible school district shall receive the same minimum amount
606	as specified in the General Appropriations Act, and any
607	remaining funds shall be distributed to eligible school
608	districts based on each school district's proportionate share of
609	K-12 base funding.
610	(c)  Funds must be used to provide a system of
611	comprehensive reading instruction to students enrolled in the K-
612	12 programs, which may include the following:
613	1.  The provision of highly qualified reading coaches.
614	2.  Professional development for school district teachers
615	in scientifically based reading instruction.
616	3.  The provision of summer reading camps for students who
617	score at Level 1 on the FCAT.
618	4.  The provision of supplemental instructional materials
619	that are grounded in scientifically based reading research, and
620	comprehensive training in their use, for which teachers shall
621	receive inservice credit. Each school district and the publisher
622	of the material shall jointly certify that the teacher has
623	achieved mastery in using the material correctly. Data on this
624	training shall be collected by the Department of Education.
625	5.  The provision of intensive interventions for middle and
626	high school students reading below grade level.
627	(d)  Annually, by a date determined by the Department of
628	Education but before May 1, school districts shall submit a plan
629	for the specific use of the research-based reading instruction
630	allocation in the format prescribed by the department for review
631	and approval by the Just Read, Florida! Office created pursuant
632	to s. 1001.215. The plan annually submitted by school districts
633	shall be deemed approved unless the department rejects the plan
634	on or before June 1. If a school district and the Just Read,
635	Florida! Office cannot reach agreement on the contents of the
636	plan, the school district may appeal to the State Board of
637	Education. The plan format shall be developed with input from
638	school district personnel, including teachers and principals. No
639	later than July 1 annually, the department shall release the
640	school district's allocation of appropriated funds to those
641	districts with approved plans. A school district that spends 100
642	percent of this allocation on its approved plan shall be deemed
643	to have been in compliance with the plan. The department may
644	withhold funds upon a determination that reading instruction
645	allocation funds are not being used to implement the approved
646	plan.
647	(9)(8)  QUALITY ASSURANCE GUARANTEE.--The Legislature may
648	annually in the General Appropriations Act determine a
649	percentage increase in funds per K-12 unweighted FTE as a
650	minimum guarantee to each school district. The guarantee shall
651	be calculated from prior year base funding per unweighted FTE
652	student which shall include the adjusted FTE dollars as provided
653	in subsection (10)(9), quality guarantee funds, and actual
654	nonvoted discretionary local effort from taxes. From the base
655	funding per unweighted FTE, the increase shall be calculated for
656	the current year. The current year funds from which the
657	guarantee shall be determined shall include the adjusted FTE
658	dollars as provided in subsection (10)(9) and potential nonvoted
659	discretionary local effort from taxes. A comparison of current
660	year funds per unweighted FTE to prior year funds per unweighted
661	FTE shall be computed. For those school districts which have
662	less than the legislatively assigned percentage increase, funds
663	shall be provided to guarantee the assigned percentage increase
664	in funds per unweighted FTE student. Should appropriated funds
665	be less than the sum of this calculated amount for all
666	districts, the commissioner shall prorate each district's
667	allocation. This provision shall be implemented to the extent
668	specifically funded.
669	(10)(9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT
670	FOR CURRENT OPERATION.--The total annual state allocation to
671	each district for current operation for the FEFP shall be
672	distributed periodically in the manner prescribed in the General
673	Appropriations Act.
674	(a)  The basic amount for current operation for the FEFP as
675	determined in subsection (1), multiplied by the district cost
676	differential factor as determined in subsection (2), plus the
677	amounts provided for categorical components within the FEFP,
678	plus the amount for the sparsity supplement as determined in
679	subsection (6), the decline in full-time equivalent students as
680	determined in subsection (7), the research-based reading
681	instruction allocation as determined in subsection (8), and the
682	quality assurance guarantee as determined in subsection (9)(8),
683	less the required local effort as determined in subsection (4).
684	If the funds appropriated for the purpose of funding the total
685	amount for current operation as provided in this paragraph are
686	not sufficient to pay the state requirement in full, the
687	department shall prorate the available state funds to each
688	district in the following manner:
689	1.  Determine the percentage of proration by dividing the
690	sum of the total amount for current operation, as provided in
691	this paragraph for all districts collectively, and the total
692	district required local effort into the sum of the state funds
693	available for current operation and the total district required
694	local effort.
695	2.  Multiply the percentage so determined by the sum of the
696	total amount for current operation as provided in this paragraph
697	and the required local effort for each individual district.
698	3.  From the product of such multiplication, subtract the
699	required local effort of each district; and the remainder shall
700	be the amount of state funds allocated to the district for
701	current operation.
702	(b)  The amount thus obtained shall be the net annual
703	allocation to each school district. However, if it is determined
704	that any school district received an underallocation or
705	overallocation for any prior year because of an arithmetical
706	error, assessment roll change, full-time equivalent student
707	membership error, or any allocation error revealed in an audit
708	report, the allocation to that district shall be appropriately
709	adjusted. Beginning with audits for the 2001-2002 fiscal year,
710	if the adjustment is the result of an audit finding in which
711	group 2 FTE are reclassified to the basic program and the
712	district weighted FTE are over the weighted enrollment ceiling
713	for group 2 programs, the adjustment shall not result in a gain
714	of state funds to the district. If the Department of Education
715	audit adjustment recommendation is based upon controverted
716	findings of fact, the Commissioner of Education is authorized to
717	establish the amount of the adjustment based on the best
718	interests of the state.
719	(c)  The amount thus obtained shall represent the net
720	annual state allocation to each district; however,
721	notwithstanding any of the provisions herein, each district
722	shall be guaranteed a minimum level of funding in the amount and
723	manner prescribed in the General Appropriations Act.
724	Section 11.  Subsection (1) of section 1011.71, Florida
725	Statutes, is amended to read:
726	1011.71  District school tax.--
727	(1)  If the district school tax is not provided in the
728	General Appropriations Act or the substantive bill implementing
729	the General Appropriations Act, each district school board
730	desiring to participate in the state allocation of funds for
731	current operation as prescribed by s. 1011.62(10)(9) shall levy
732	on the taxable value for school purposes of the district,
733	exclusive of millage voted under the provisions of s. 9(b) or s.
734	12, Art. VII of the State Constitution, a millage rate not to
735	exceed the amount certified by the commissioner as the minimum
736	millage rate necessary to provide the district required local
737	effort for the current year, pursuant to s. 1011.62(4)(a)1. In
738	addition to the required local effort millage levy, each
739	district school board may levy a nonvoted current operating
740	discretionary millage. The Legislature shall prescribe annually
741	in the appropriations act the maximum amount of millage a
742	district may levy. The millage rate prescribed shall exceed zero
743	mills but shall not exceed the lesser of 1.6 mills or 25 percent
744	of the millage which is required pursuant to s. 1011.62(4),
745	exclusive of millage levied pursuant to subsection (2).
746	Section 12.  Paragraph (a) of subsection (3) of section
747	1012.34, Florida Statutes, is amended to read:
748	1012.34  Assessment procedures and criteria.--
749	(3)  The assessment procedure for instructional personnel
750	and school administrators must be primarily based on the
751	performance of students assigned to their classrooms or schools,
752	as appropriate. Pursuant to this section, a school district's
753	performance assessment is not limited to basing unsatisfactory
754	performance of instructional personnel and school administrators
755	upon student performance, but may include other criteria
756	approved to assess instructional personnel and school
757	administrators' performance, or any combination of student
758	performance and other approved criteria. The procedures must
759	comply with, but are not limited to, the following requirements:
760	(a)  An assessment must be conducted for each employee at
761	least once a year. The assessment must be based upon sound
762	educational principles and contemporary research in effective
763	educational practices. The assessment must primarily use data
764	and indicators of improvement in student performance assessed
765	annually as specified in s. 1008.22 and may consider results of
766	peer reviews in evaluating the employee's performance. Student
767	performance must be measured by state assessments required under
768	s. 1008.22 and by local assessments for subjects and grade
769	levels not measured by the state assessment program. The
770	assessment criteria must include, but are not limited to,
771	indicators that relate to the following:
772	1.  Performance of students.
773	2.  Ability to maintain appropriate discipline.
774	3.  Knowledge of subject matter. The district school board
775	shall make special provisions for evaluating teachers who are
776	assigned to teach out-of-field.
777	4.  Ability to plan and deliver instruction, including
778	implementation of the rigorous reading requirement pursuant to
779	s. 1003.415, when applicable, and the use of technology in the
780	classroom.
781	5.  Ability to evaluate instructional needs.
782	6.  Ability to establish and maintain a positive
783	collaborative relationship with students' families to increase
784	student achievement.
785	7.  Other professional competencies, responsibilities, and
786	requirements as established by rules of the State Board of
787	Education and policies of the district school board.
788	Section 13.  Section 1012.986, Florida Statutes, is created
789	to read:
790	1012.986  A+ Professional Development Program for School
791	Leaders.--
792	(1)  ESTABLISHMENT.--There is established the A+
793	Professional Development Program for School Leaders, a
794	high-quality, competency-based, customized, comprehensive, and
795	coordinated statewide professional development program that is
796	aligned with the leadership standards for school leaders adopted
797	by the State Board of Education pursuant to s. 1012.987. The
798	program shall be administered by the Department of Education and
799	shall provide leadership training opportunities for school
800	leaders to enable them to be more effective instructional
801	leaders, especially in the area of reading. The program shall
802	provide school leaders with the opportunity to attain a school
803	leadership designation pursuant to subsection (3).
804	(2)  DEFINITION.--As used in this section, the term "school
805	leader" means a school principal or assistant principal holding
806	a valid Florida certificate in educational leadership.
807	(3)  DESIGNATIONS.--The Department of Education shall
808	develop criteria for high performance designations for school
809	leaders. The designations shall include A+ Emerging School
810	Leaders, A+ High Performing School Leaders, and A+ Sterling
811	School Leaders.
812	(a)  An A+ Emerging School Leader is a principal or
813	assistant principal who meets the State Board of Education's
814	leadership standards and designation criteria adopted pursuant
815	to s. 1012.987 and leads a school that has made sustained
816	improvement by at least one letter grade within a 3-year period
817	or has maintained a school grade of "C" or higher for 3
818	consecutive years as determined by the school grading system
819	pursuant to s. 1008.34.
820	(b)  An A+ High Performing School Leader is a principal or
821	assistant principal who meets the State Board of Education's
822	leadership standards and designation criteria adopted pursuant
823	to s. 1012.987 and leads a school that has made sustained
824	improvement by at least two letter grades within a 3-year period
825	or has maintained a school grade of "B" or higher for 3
826	consecutive years as determined by the school grading system
827	pursuant to s. 1008.34.
828	(c)  An A+ Sterling School Leader is a principal who meets
829	the State Board of Education's leadership standards and
830	designation criteria adopted pursuant to s. 1012.987 and leads a
831	school that has made sustained improvement by at least three
832	letter grades within a 3-year period or has maintained a school
833	grade of "A" for 3 consecutive years as determined by the school
834	grading system pursuant to s. 1008.34.
835
836	For purposes of this subsection only, school grades for middle
837	schools shall be calculated to provide double weight to learning
838	gains in reading and double weight to learning gains in
839	mathematics, and school grades for high schools shall be
840	calculated to provide triple weight to learning gains in reading
841	and triple weight to learning gains in mathematics.
842	(4)  PROGRAM REQUIREMENTS.--
843	(a)  The program shall be based upon the leadership
844	standards adopted by the State Board of Education, the standards
845	of the National Staff Development Council, and the federal
846	requirements for high-quality professional development under the
847	No Child Left Behind Act of 2001.
848	(b)  The program shall provide a competency-based approach
849	that utilizes prediagnostic and postdiagnostic evaluations that
850	shall be used to create an individualized professional
851	development plan approved by the district school superintendent.
852	The plan shall be structured to support the school leader's
853	attainment of the leadership standards adopted by the State
854	Board of Education.
855	(c)  The program shall incorporate instructional leadership
856	training and effective business practices for efficient school
857	operations in school leadership training.
858	(5)  DELIVERY SYSTEM.--The Department of Education shall
859	deliver the program through multiple delivery systems,
860	including:
861	(a)  Approved school district training programs.
862	(b)  Interactive technology-based instruction.
863	(c)  State, regional, or local leadership academies.
864	(6)  RULES.--The State Board of Education shall adopt rules
865	pursuant to ss. 120.536(1) and 120.54 to implement the
866	provisions of this section.
867	Section 14.  This act shall take effect upon becoming a
868	law.

CODING: Words stricken are deletions; words underlined are additions.