HB 1791

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. 20.15, F.S.;
7	establishing the Division of Accountability, Research, and
8	Measurement in the Department of Education; amending s.
9	1000.041, F.S.; revising purposes and guiding principles
10	of BEST Florida Teaching; creating s. 1003.035, F.S.;
11	providing requirements for calculation of district average
12	class size and certain reporting contingent upon
13	constitutional amendment; amending s. 1008.22, F.S.;
14	providing intent and duties relating to administration of
15	the Florida Comprehensive Assessment Test (FCAT);
16	specifying grade level and subject area testing
17	requirements; deleting a limitation on the use of
18	alternative assessments to the grade 10 FCAT; requiring an
19	annual report on student performance; amending s. 1008.31,
20	F.S.; deleting provisions relating to performance-based
21	funding; revising goals, measures, and data quality for
22	the K-20 accountability system; requiring the adoption of
23	rules; amending s. 1008.33, F.S.; authorizing district
24	school boards to transfer teachers, faculty, and staff as
25	needed; amending s. 1008.34, F.S.; revising terminology
26	and provisions relating to designation and determination
27	of school grades; requiring an annual school report card;
28	creating s. 1008.341, F.S.; providing for grading of
29	alternative schools; providing evaluation components for
30	determination of school grades; providing for school
31	recognition funding; requiring an annual report card;
32	requiring adoption of rules; amending s. 1008.36, F.S.;
33	modifying procedures for distribution and use of school
34	recognition program awards; creating s. 1011.6855, F.S.;
35	creating an operating categorical fund to fund minimum pay
36	requirements for certain instructional personnel
37	contingent upon constitutional amendment; amending s.
38	1012.21, F.S.; requiring the department to annually post
39	online school district collective bargaining contracts;
40	amending s. 1012.22, F.S.; requiring each district school
41	board to adopt a differentiated-pay policy and annually
42	provide its negotiated collective bargaining contract to
43	the department; authorizing the State Board of Education
44	to withhold funds under certain circumstances; creating s.
45	1012.2305, F.S.; establishing minimum pay for certain
46	instructional personnel contingent upon constitutional
47	amendment; amending s. 1012.231, F.S.; deleting provisions
48	relating to teacher assignment and obsolete provisions
49	relating to school district plans for the teacher salary
50	career ladder; creating s. 1012.2315, F.S.; providing
51	requirements for the assignment of teachers and
52	authorizing incentives; providing requirements relating to
53	collective bargaining; repealing s. 1008.51, F.S.,
54	relating to the Council for Education Policy Research and
55	Improvement; amending ss. 1000.01, 1001.11, 1001.42,
56	1002.38, 1003.62, 1005.22, 1007.33, 1008.345, 1008.45,
57	1011.62, and 1011.64, F.S.; conforming provisions;
58	providing a duty of the department relating to reporting
59	of progress toward performance goals; modifying the
60	deadline for applying for a scholarship; providing for
61	severability; providing effective dates.
62
63	WHEREAS, the Legislature finds that teacher quality has a
64	greater impact on student learning and development than class
65	size, and
66	WHEREAS, providing a system of high-quality public
67	education for children is an important goal of this state, and
68	WHEREAS, the Legislature recognizes that it has an
69	important, but not exclusive, role in providing children with
70	the opportunity to obtain a high-quality education in this
71	state, and
72	WHEREAS, among the most prominent influences on the
73	educational success of children are the positive influences of
74	parents on their children's lives and on their children's desire
75	to learn, the active involvement of parents in the education of
76	their children, and the quality of the teacher and principal
77	leaders in the school, and
78	WHEREAS, the presence of these influences is indispensable
79	to successfully providing a system that allows students to
80	obtain a high-quality education, and
81	WHEREAS, children will have the best opportunity to obtain
82	a high-quality education in the public education system of this
83	state, and that system can best be enhanced, when positive
84	parental influences are present, when resources are allocated
85	efficiently and are concentrated to enhance a safe, secure, and
86	disciplined classroom learning environment, when teachers and
87	principals are supported, when high-quality education is
88	reinforced through shared high academic expectations, and when
89	successes are rewarded, failures are identified, and the public
90	is apprised of both successes and failures, NOW, THEREFORE,
91
92	Be It Enacted by the Legislature of the State of Florida:
93
94	Section 1.  Paragraph (f) is added to subsection (3) of
95	section 20.15, Florida Statutes, to read:
96	20.15  Department of Education.--There is created a
97	Department of Education.
98	(3)  DIVISIONS.--The following divisions of the Department
99	of Education are established:
100	(f)  Division of Accountability, Research, and Measurement.
101	Section 2.  Subsection (1) of section 1000.041, Florida
102	Statutes, is amended to read:
103	1000.041  Better Educated Students and Teachers (BEST)
104	Florida Teaching; legislative purposes; guiding principles.--The
105	legislative purposes and guiding principles of BEST Florida
106	Teaching are:
107	(1)  Teachers teach lead, students learn.
108
109	Each teacher preparation program, each postsecondary educational
110	institution providing dual enrollment or other acceleration
111	programs, each district school board, and each district and
112	school-based administrator fully supports and cooperates in the
113	accomplishment of these purposes and guiding principles.
114	Section 3.  Section 1003.035, Florida Statutes, is created
115	to read:
116	1003.035  Class size requirements.--
117	(1)  Beginning with the school year following an amendment
118	to the State Constitution requiring that class size be
119	calculated at the district average:
120	(a)  The district average number of students assigned to
121	each teacher who is teaching core-curricula courses in public
122	school classrooms for prekindergarten through grade 3 may not
123	exceed 18 students.
124	(b)  The district average number of students assigned to
125	each teacher who is teaching core-curricula courses in public
126	school classrooms for grades 4 through 8 may not exceed 22
127	students.
128	(c)  The district average number of students assigned to
129	each teacher who is teaching core-curricula courses in public
130	school classrooms for grades 9 through 12 may not exceed 25
131	students.
132
133	However, in no event shall any such classroom exceed five
134	students over the district average allowable maximum.
135	(2)  The Department of Education shall annually calculate
136	each of the three average class size measures based upon the
137	October student membership survey. As part of this calculation,
138	the department shall identify and report to the State Board of
139	Education any individual classrooms that exceed the required
140	district average class size.
141	Section 4.  Subsection (1), paragraphs (c) and (e) of
142	subsection (3), and paragraph (a) of subsection (9) of section
143	1008.22, Florida Statutes, are amended, subsection (10) is
144	renumbered as subsection (11), and a new subsection (10) is
145	added to said section, to read:
146	1008.22  Student assessment program for public schools.--
147	(1)  PURPOSE AND INTENT; DUTIES.--
148	(a)  The primary purposes of the student assessment program
149	are to provide information needed to improve the public schools
150	by enhancing the learning gains of all students and to inform
151	parents of the educational progress of their public school
152	children. The program must be designed to:
153	1.(a)  Assess the annual learning gains of each student
154	toward achieving the Sunshine State Standards appropriate for
155	the student's grade level.
156	2.(b)  Provide data for making decisions regarding school
157	accountability and recognition.
158	3.(c)  Identify the educational strengths and needs of
159	students and the readiness of students to be promoted to the
160	next grade level or to graduate from high school with a standard
161	high school diploma.
162	4.(d)  Assess how well educational goals and performance
163	standards are met at the school, district, and state levels.
164	5.(e)  Provide information to aid in the evaluation and
165	development of educational programs and policies.
166	6.(f)  Provide information on the performance of Florida
167	students compared with other students others across the United
168	States.
169	(b)1.  It is the intent of the Legislature that the
170	Department of Education pursue technology and assessment
171	innovations to allow the Florida Comprehensive Assessment Test
172	(FCAT), developed and implemented pursuant to subsection (3), to
173	be administered as late as possible in the school year and to
174	receive the scores prior to the end of the school year. The
175	Commissioner of Education shall report to the Governor, the
176	President of the Senate, and the Speaker of the House of
177	Representatives on the state of the art in large-scale online
178	assessment capabilities of the industry, the capacity of the
179	state's public schools to implement a statewide program, and the
180	estimated cost of implementation.
181	2.  It is the intent of the Legislature that the department
182	make accessible to the public copies of actual scored FCAT items
183	when sufficient items are available through the test item
184	databank to ensure the security and validity of the test.
185	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
186	design and implement a statewide program of educational
187	assessment that provides information for the improvement of the
188	operation and management of the public schools, including
189	schools operating for the purpose of providing educational
190	services to youth in Department of Juvenile Justice programs.
191	The commissioner may enter into contracts for the continued
192	administration of the assessment, testing, and evaluation
193	programs authorized and funded by the Legislature. Contracts may
194	be initiated in 1 fiscal year and continue into the next and may
195	be paid from the appropriations of either or both fiscal years.
196	The commissioner is authorized to negotiate for the sale or
197	lease of tests, scoring protocols, test scoring services, and
198	related materials developed pursuant to law. Pursuant to the
199	statewide assessment program, the commissioner shall:
200	(c)  Develop and implement a student achievement testing
201	program known as the Florida Comprehensive Assessment Test
202	(FCAT) as part of the statewide assessment program, to be
203	administered annually in grades 3 through 10 to measure reading,
204	writing, science, and mathematics. Other content areas may be
205	included as directed by the commissioner. The assessment of
206	reading and mathematics shall be administered annually in grades
207	3 through 10. The assessment of writing and science shall be
208	administered at least once at the elementary, middle, and high
209	school levels. The testing program must be designed so that:
210	1.  The tests measure student skills and competencies
211	adopted by the State Board of Education as specified in
212	paragraph (a). The tests must measure and report student
213	proficiency levels in reading, writing, mathematics, and
214	science. The commissioner shall provide for the tests to be
215	developed or obtained, as appropriate, through contracts and
216	project agreements with private vendors, public vendors, public
217	agencies, postsecondary educational institutions, or school
218	districts. The commissioner shall obtain input with respect to
219	the design and implementation of the testing program from state
220	educators and the public.
221	2.  The testing program will include a combination of norm-
222	referenced and criterion-referenced tests and include, to the
223	extent determined by the commissioner, questions that require
224	the student to produce information or perform tasks in such a
225	way that the skills and competencies he or she uses can be
226	measured.
227	3.  Each testing program, whether at the elementary,
228	middle, or high school level, includes a test of writing in
229	which students are required to produce writings that are then
230	scored by appropriate methods.
231	4.  A score is designated for each subject area tested,
232	below which score a student's performance is deemed inadequate.
233	The school districts shall provide appropriate remedial
234	instruction to students who score below these levels.
235	5.  Except as provided in s. 1003.43(11)(b), students must
236	earn a passing score on the grade 10 assessment test described
237	in this paragraph or on an alternate assessment as described in
238	subsection (9) in reading, writing, and mathematics to qualify
239	for a regular high school diploma. The State Board of Education
240	shall designate a passing score for each part of the grade 10
241	assessment test. In establishing passing scores, the state board
242	shall consider any possible negative impact of the test on
243	minority students. All students who took the grade 10 FCAT
244	during the 2000-2001 school year shall be required to earn the
245	passing scores in reading and mathematics established by the
246	State Board of Education for the March 2001 test administration.
247	Such students who did not earn the established passing scores
248	and must repeat the grade 10 FCAT are required to earn the
249	passing scores established for the March 2001 test
250	administration. All students who take the grade 10 FCAT for the
251	first time in March 2002 shall be required to earn the passing
252	scores in reading and mathematics established by the State Board
253	of Education for the March 2002 test administration. The State
254	Board of Education shall adopt rules which specify the passing
255	scores for the grade 10 FCAT. Any such rules, which have the
256	effect of raising the required passing scores, shall only apply
257	to students taking the grade 10 FCAT for the first time after
258	such rules are adopted by the State Board of Education.
259	6.  Participation in the testing program is mandatory for
260	all students attending public school, including students served
261	in Department of Juvenile Justice programs, except as otherwise
262	prescribed by the commissioner. If a student does not
263	participate in the statewide assessment, the district must
264	notify the student's parent and provide the parent with
265	information regarding the implications of such nonparticipation.
266	If modifications are made in the student's instruction to
267	provide accommodations that would not be permitted on the
268	statewide assessment tests, the district must notify the
269	student's parent of the implications of such instructional
270	modifications. A parent must provide signed consent for a
271	student to receive instructional modifications that would not be
272	permitted on the statewide assessments and must acknowledge in
273	writing that he or she understands the implications of such
274	accommodations. The State Board of Education shall adopt rules,
275	based upon recommendations of the commissioner, for the
276	provision of test accommodations and modifications of procedures
277	as necessary for students in exceptional education programs and
278	for students who have limited English proficiency.
279	Accommodations that negate the validity of a statewide
280	assessment are not allowable.
281	7.  A student seeking an adult high school diploma must
282	meet the same testing requirements that a regular high school
283	student must meet.
284	8.  District school boards must provide instruction to
285	prepare students to demonstrate proficiency in the skills and
286	competencies necessary for successful grade-to-grade progression
287	and high school graduation. If a student is provided with
288	accommodations or modifications that are not allowable in the
289	statewide assessment program, as described in the test manuals,
290	the district must inform the parent in writing and must provide
291	the parent with information regarding the impact on the
292	student's ability to meet expected proficiency levels in
293	reading, writing, and math. The commissioner shall conduct
294	studies as necessary to verify that the required skills and
295	competencies are part of the district instructional programs.
296	9.  The Department of Education must develop, or select,
297	and implement a common battery of assessment tools that will be
298	used in all juvenile justice programs in the state. These tools
299	must accurately measure the skills and competencies established
300	in the Florida Sunshine State Standards.
301
302	The commissioner may design and implement student testing
303	programs, for any grade level and subject area, necessary to
304	effectively monitor educational achievement in the state.
305	(e)  Conduct ongoing research and analysis of student
306	achievement data, including, without limitation, monitoring
307	trends in student achievement by grade level and overall student
308	achievement, identifying school programs that are successful,
309	and analyzing correlates of school achievement.
310	(9)  EQUIVALENCIES FOR STANDARDIZED TESTS.--
311	(a)  The Commissioner of Education shall approve the use of
312	the SAT and ACT tests as alternative assessments to the grade 10
313	FCAT for the 2003-2004 school year. Students who attain scores
314	on the SAT or ACT which equate to the passing scores on the
315	grade 10 FCAT for purposes of high school graduation shall
316	satisfy the assessment requirement for a standard high school
317	diploma as provided in s. 1003.429(6)(a) or s. 1003.43(5)(a) for
318	the 2003-2004 school year if the students meet the requirement
319	in paragraph (b).
320	(10)  REPORTS.--The Department of Education shall annually
321	provide a report to the Governor, the President of the Senate,
322	and the Speaker of the House of Representatives on the
323	following:
324	(a)  Longitudinal performance of students in mathematics
325	and reading.
326	(b)  Longitudinal performance of students by grade level in
327	mathematics and reading.
328	(c)  Longitudinal performance regarding efforts to close
329	the achievement gap.
330	(d)  Longitudinal performance of students on the norm-
331	referenced component of the FCAT.
332	(e)  Other student performance data based on national norm-
333	referenced and criterion-referenced tests, when available.
334	Section 5.  Section 1008.31, Florida Statutes, is amended
335	to read:
336	1008.31  Florida's K-20 education performance
337	accountability system; legislative intent; public accountability
338	and reporting performance-based funding; mission, goals, and
339	systemwide measures.--
340	(1)  LEGISLATIVE INTENT.--It is the intent of the
341	Legislature that:
342	(a)  The performance accountability system implemented to
343	assess the effectiveness of Florida's seamless K-20 education
344	delivery system provide answers to the following questions in
345	relation to its mission and goals:
346	1.  What is the public receiving in return for funds it
347	invests in education?
348	2.  How effectively is Florida's K-20 education system
349	educating its students?
350	3.  How effectively are the major delivery sectors
351	promoting student achievement?
352	4.  How are individual schools and postsecondary education
353	institutions performing their responsibility to educate their
354	students as measured by how students are performing and how much
355	they are learning?
356	(b)  The K-20 education performance accountability system
357	be established as a single, unified accountability system with
358	multiple components, including, but not limited to, measures of
359	adequate yearly progress, individual student learning gains in
360	public schools, school grades, and return on investment.
361	(c)  The K-20 education performance accountability system
362	comply with the accountability requirements of the "No Child
363	Left Behind Act of 2001," Pub. L. No. 107-110.
364	(d)  The State Board of Education recommend to the
365	Legislature systemwide performance standards; the Legislature
366	establish systemwide performance measures and standards; and the
367	systemwide measures and standards provide Floridians with
368	information on what the public is receiving in return for the
369	funds it invests in education and how well the K-20 system
370	educates its students.
371	(e)  The State Board of Education establish performance
372	measures and set performance standards for individual components
373	of the public education system, including individual schools and
374	postsecondary educational institutions, with measures and
375	standards based primarily on student achievement.
376	(2)  PERFORMANCE-BASED FUNDING.--
377	(a)  The State Board of Education shall cooperate with each
378	delivery system to develop proposals for performance-based
379	funding, using performance measures adopted pursuant to this
380	section.
381	(b)  The State Board of Education proposals must provide
382	that at least 10 percent of the state funds appropriated for the
383	K-20 education system are conditional upon meeting or exceeding
384	established performance standards.
385	(c)  The State Board of Education shall adopt guidelines
386	required to implement performance-based funding that allow 1
387	year to demonstrate achievement of specified performance
388	standards prior to a reduction in appropriations pursuant to
389	this section.
390	(d)  By December 1, 2003, the State Board of Education
391	shall adopt common definitions, measures, standards, and
392	performance improvement targets required to:
393	1.  Use the state core measures and the sector-specific
394	measures to evaluate the progress of each sector of the
395	educational delivery system toward meeting the systemwide goals
396	for public education.
397	2.  Notify the sectors of their progress in achieving the
398	specified measures so that they may develop improvement plans
399	that directly influence decisions about policy, program
400	development, and management.
401	3.  Implement the performance-based budgeting system
402	described in this section.
403	(e)  During the 2003-2004 fiscal year, the Department of
404	Education shall collect data required to establish progress,
405	rewards, and sanctions.
406	(f)  By December 1, 2004, the Department of Education shall
407	recommend to the Legislature a formula for performance-based
408	funding that applies accountability standards for the individual
409	components of the public education system at every level,
410	kindergarten through graduate school. Effective for the 2004-
411	2005 fiscal year and thereafter, subject to annual legislative
412	approval in the General Appropriations Act, performance-based
413	funds shall be allocated based on the progress, rewards, and
414	sanctions established pursuant to this section.
415	(2)(3)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--
416	(a)  The mission of Florida's K-20 education system shall
417	be to increase the proficiency of all students within one
418	seamless, efficient system, by allowing them the opportunity to
419	expand their knowledge and skills through learning opportunities
420	and research valued by students, parents, and communities.
421	(b)  The process State Board of Education shall adopt
422	guiding principles for establishing state and sector-specific
423	standards and measures must be:
424	1.  Focused on student success.
425	2.  Addressable through policy and program changes.
426	3.  High quality and efficient.
427	4.  Measurable over time.
428	5.  Simple to explain and display to the public.
429	6.  Aligned with other measures and other sectors to
430	support a coordinated K-20 education system.
431	(c)  The Department State Board of Education shall maintain
432	an accountability system that measures student progress toward
433	the following goals:
434	1.  Highest student achievement, as indicated by evidence
435	of student learning gains at all levels measured by: student
436	FCAT performance and annual learning gains; the number and
437	percentage of schools that improve at least one school
438	performance grade designation or maintain a school performance
439	grade designation of "A" pursuant to s. 1008.34; graduation or
440	completion rates at all learning levels; and other measures
441	identified in law or rule.
442	2.  Seamless articulation and maximum access, as measured
443	by evidence of progression, readiness, and access by targeted
444	groups of students identified by the Commissioner of Education:
445	the percentage of students who demonstrate readiness for the
446	educational level they are entering, from kindergarten through
447	postsecondary education and into the workforce; the number and
448	percentage of students needing remediation; the percentage of
449	Floridians who complete associate, baccalaureate, graduate,
450	professional, and postgraduate degrees; the number and
451	percentage of credits that articulate; the extent to which each
452	set of exit-point requirements matches the next set of entrance-
453	point requirements; the degree to which underserved populations
454	access educational opportunity; the extent to which access is
455	provided through innovative educational delivery strategies; and
456	other measures identified in law or rule.
457	3.  Skilled workforce and economic development, as measured
458	by evidence of employment and earnings: the number and
459	percentage of graduates employed in their areas of preparation;
460	the percentage of Floridians with high school diplomas and
461	postsecondary education credentials; the percentage of business
462	and community members who find that Florida's graduates possess
463	the skills they need; national rankings; and other measures
464	identified in law or rule.
465	4.  Quality efficient services, as measured by evidence of
466	return on investment: cost per completer or graduate; average
467	cost per noncompleter at each educational level; cost disparity
468	across institutions offering the same degrees; the percentage of
469	education customers at each educational level who are satisfied
470	with the education provided; and other measures identified in
471	law or rule.
472	5.  Other goals as identified by law or rule.
473	(3)(4)  K-20 EDUCATION DATA QUALITY IMPROVEMENTS SYSTEMWIDE
474	DATA COLLECTION.--To provide data required to implement
475	education performance accountability measures in state and
476	federal law, the Commissioner of Education shall initiate and
477	maintain strategies to improve data quality and timeliness.
478	(a)  School districts and public postsecondary educational
479	institutions shall maintain information systems that will
480	provide the State Board of Education, the Board of Governors,
481	and the Legislature with information and reports necessary to
482	address the specifications of the accountability system. The
483	State Board of Education shall determine the standards for the
484	required data. The level of comprehensiveness and quality shall
485	be no less than that which was available as of June 30, 2001.
486	(b)  The Commissioner of Education shall determine the
487	standards for the required data, monitor data quality, and
488	measure improvements. The commissioner shall report annually to
489	the State Board of Education, the Board of Governors, and the
490	Legislature data quality indicators and ratings for all school
491	districts and public postsecondary educational institutions.
492	(4)  RULES.--The State Board of Education shall adopt rules
493	pursuant to ss. 120.536(1) and 120.54 to implement the
494	provisions of this section.
495	Section 6.  Subsections (1) and (2) of section 1008.33,
496	Florida Statutes, are amended to read:
497	1008.33  Authority to enforce public school
498	improvement.--It is the intent of the Legislature that all
499	public schools be held accountable for students performing at
500	acceptable levels. A system of school improvement and
501	accountability that assesses student performance by school,
502	identifies schools in which students are not making adequate
503	progress toward state standards, institutes appropriate measures
504	for enforcing improvement, and provides rewards and sanctions
505	based on performance shall be the responsibility of the State
506	Board of Education.
507	(1)  Pursuant to Art. IX of the State Constitution
508	prescribing the duty of the State Board of Education to
509	supervise Florida's public school system and notwithstanding any
510	other statutory provisions to the contrary, the State Board of
511	Education shall intervene in the operation of a district school
512	system when one or more schools in the school district have
513	failed to make adequate progress for 2 school years in a 4-year
514	period. For purposes of determining when a school is eligible
515	for state board action and opportunity scholarships for its
516	students, the terms "2 years in any 4-year period" and "2 years
517	in a 4-year period" mean that in any year that a school has a
518	grade of "F," the school is eligible for state board action and
519	opportunity scholarships for its students if it also has had a
520	grade of "F" in any of the previous 3 school years. The State
521	Board of Education may determine that the school district or
522	school has not taken steps sufficient for students in the school
523	to be academically well served. Considering recommendations of
524	the Commissioner of Education, the State Board of Education
525	shall recommend action to a district school board intended to
526	improve educational services to students in each school that is
527	designated with a as performance grade of category "F."
528	Recommendations for actions to be taken in the school district
529	shall be made only after thorough consideration of the unique
530	characteristics of a school, which shall include student
531	mobility rates, the number and type of exceptional students
532	enrolled in the school, and the availability of options for
533	improved educational services. The state board shall adopt by
534	rule steps to follow in this process. Such steps shall provide
535	school districts sufficient time to improve student performance
536	in schools and the opportunity to present evidence of assistance
537	and interventions that the district school board has
538	implemented.
539	(2)  The State Board of Education may recommend one or more
540	of the following actions to district school boards to enable
541	students in schools designated with a as performance grade of
542	category "F" to be academically well served by the public school
543	system:
544	(a)  Provide additional resources, change certain
545	practices, and provide additional assistance if the state board
546	determines the causes of inadequate progress to be related to
547	school district policy or practice;
548	(b)  Implement a plan that satisfactorily resolves the
549	education equity problems in the school;
550	(c)  Contract for the educational services of the school,
551	or reorganize the school at the end of the school year under a
552	new school principal who is authorized to hire new staff and
553	implement a plan that addresses the causes of inadequate
554	progress;
555	(d)  Transfer high-quality teachers, faculty, and staff as
556	needed to ensure adequate educational opportunities designed to
557	improve the performance of students in a low-performing school;
558	(e)(d)  Allow parents of students in the school to send
559	their children to another district school of their choice; or
560	(f)(e)  Other action appropriate to improve the school's
561	performance.
562	Section 7.  Section 1008.34, Florida Statutes, is amended
563	to read:
564	1008.34  School grading system; school report cards;
565	district performance grade.--
566	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
567	prepare annual reports of the results of the statewide
568	assessment program which describe student achievement in the
569	state, each district, and each school. The commissioner shall
570	prescribe the design and content of these reports, which must
571	include, without limitation, descriptions of the performance of
572	all schools participating in the assessment program and all of
573	their major student populations as determined by the
574	Commissioner of Education, and must also include the median
575	scores of all eligible students who scored at or in the lowest
576	25th percentile of the state in the previous school year;
577	provided, however, that the provisions of s. 1002.22 pertaining
578	to student records apply to this section.
579	(2)  SCHOOL GRADES PERFORMANCE GRADE CATEGORIES.--The
580	annual report shall identify schools as having one of the
581	following grades being in one of the following grade categories
582	defined according to rules of the State Board of Education:
583	(a)  "A," schools making excellent progress.
584	(b)  "B," schools making above average progress.
585	(c)  "C," schools making satisfactory progress.
586	(d)  "D," schools making less than satisfactory progress.
587	(e)  "F," schools failing to make adequate progress.
588
589	Each school designated with a in performance grade of category
590	"A," making excellent progress, or having improved at least two
591	performance grade levels categories, shall have greater
592	authority over the allocation of the school's total budget
593	generated from the FEFP, state categoricals, lottery funds,
594	grants, and local funds, as specified in state board rule. The
595	rule must provide that the increased budget authority shall
596	remain in effect until the school's performance grade declines.
597	(3)  DESIGNATION OF SCHOOL GRADES PERFORMANCE GRADE
598	CATEGORIES.--School grades performance grade category
599	designations itemized in subsection (2) shall be based on the
600	following:
601	(a)  Criteria Timeframes.--A school's grade shall be based
602	on a combination of:
603	1.  Student achievement scores School performance grade
604	category designations shall be based on the school's current
605	year performance and the school's annual learning gains.
606	2.  A school's performance grade category designation shall
607	be based on a combination of student achievement scores, Student
608	learning gains as measured by annual FCAT assessments in grades
609	3 through 10., and
610	3.  Improvement of the lowest 25th percentile of students
611	in the school in reading, math, or writing on the FCAT Reading,
612	unless these students are performing above satisfactory
613	performance.
614	(b)  Student assessment data.--Student assessment data used
615	in determining school grades performance grade categories shall
616	include:
617	1.  The aggregate scores of all eligible students enrolled
618	in the school who have been assessed on the FCAT.
619	2.  The aggregate scores of all eligible students enrolled
620	in the school who have been assessed on the FCAT, including
621	Florida Writes, and who have scored at or in the lowest 25th
622	percentile of students in the school in reading, math, or
623	writing, unless these students are performing above satisfactory
624	performance.
625	3.  The scores of students attending alternative schools
626	that provide dropout prevention and academic intervention
627	services pursuant to s. 1003.53, which shall be used in the
628	calculation of the school grade of the school the student
629	attended before attending the alternative school. The student's
630	test scores shall be attributable to the school from which the
631	student transferred for up to 2 years. The student's test scores
632	shall also be used in the calculation of the grade of the
633	alternative school pursuant to s. 1008.341.
634
635	The Department of Education shall study the effects of mobility
636	on the performance of highly mobile students and recommend
637	programs to improve the performance of such students. The State
638	Board of Education shall adopt appropriate criteria for each
639	school performance grade category. The criteria must also give
640	added weight to student achievement in reading. Schools
641	designated with a as performance grade of category "C," making
642	satisfactory progress, shall be required to demonstrate that
643	adequate progress has been made by students in the school who
644	are in the lowest 25th percentile in reading, math, or writing
645	on the FCAT, including Florida Writes, unless these students are
646	performing above satisfactory performance.
647	(4)  SCHOOL IMPROVEMENT RATINGS.--The annual report shall
648	identify each school's performance as having improved, remained
649	the same, or declined. This school improvement rating shall be
650	based on a comparison of the current year's and previous year's
651	student and school performance data. Schools that improve at
652	least one performance grade category are eligible for school
653	recognition awards pursuant to s. 1008.36.
654	(5)  SCHOOL REPORT CARD PERFORMANCE GRADE CATEGORY AND
655	IMPROVEMENT RATING REPORTS.--The Department of Education shall
656	annually develop a school report card to be delivered to parents
657	through each school district. The report card shall include the
658	school's grade, information regarding school improvement, an
659	explanation of school performance as evaluated by the federal No
660	Child Left Behind Act of 2001, and indicators of return on
661	investment. School performance grade category designations and
662	improvement ratings shall apply to each school's performance for
663	the year in which performance is measured. Each school's report
664	card designation and rating shall be published annually by the
665	department on its website, of Education and the school district
666	shall provide the school report card to each parent. Parents
667	shall be entitled to an easy-to-read report card about the
668	designation and rating of the school in which their child is
669	enrolled.
670	(6)(7)  PERFORMANCE-BASED FUNDING.--The Legislature may
671	factor in the performance of schools in calculating any
672	performance-based funding policy that is provided for annually
673	in the General Appropriations Act.
674	(7)(8)  DISTRICT PERFORMANCE GRADE.--The annual report
675	required by subsection (1) shall include district performance
676	grades, which shall consist of weighted district average grades,
677	by level, for all elementary schools, middle schools, and high
678	schools in the district. A district's weighted average grade
679	shall be calculated by weighting individual school grades
680	determined pursuant to subsection (2) by school enrollment.
681	(8)(6)  RULES.--The State Board of Education shall adopt
682	rules pursuant to ss. 120.536(1) and 120.54 to implement the
683	provisions of this section.
684	Section 8.  Section 1008.341, Florida Statutes, is created
685	to read:
686	1008.341  Grading for alternative schools.--
687	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
688	prepare an annual report on the performance of each school
689	graded pursuant to this section provided that the provisions of
690	s. 1002.22 pertaining to student records shall apply.
691	(2)  DESIGNATION OF SCHOOL GRADES.--Notwithstanding the
692	provisions of s. 1008.34, alternative schools that provide
693	dropout prevention and academic intervention services pursuant
694	to s. 1003.53 shall be graded pursuant to this section.
695	(a)  School grade designations shall be those prescribed in
696	s. 1008.34(2) and shall be based on a combination of the
697	following factors weighted equally:
698	1.  Aggregate student academic growth rate which shall be
699	based on a student's developmental scale score on the FCAT for
700	the school year in which the student is currently enrolled
701	compared to the developmental scale score on the FCAT for the
702	preceding school year.
703	2.  Aggregate student attendance at or above 80 percent.
704	3.  School performance on indicators related to parent
705	involvement, community involvement, and customer satisfaction as
706	measured by surveys in which at least 70 percent of respondents
707	indicate satisfaction with these indicators.
708	4.  Improvement of students in the school who are in the
709	lowest 25th percentile of students in the state on FCAT Reading.
710	(b)  Student assessment data used in determining school
711	grades shall include:
712	1.  The aggregate scores of all eligible students who were
713	enrolled in the school during the October and February FTE
714	counts, who have been assessed on the FCAT, and who have FCAT or
715	comparable scores for the preceding school year.
716	2.  The aggregate scores of all eligible students who were
717	enrolled in the school during the October and February FTE
718	counts, who have been assessed on the FCAT, including Florida
719	Writes, and who have scored at or in the lowest 25th percentile
720	of students in the state on FCAT Reading.
721	(3)  SCHOOL IMPROVEMENT RATINGS.--The annual report shall
722	identify each school's performance as having improved, remained
723	the same, or declined. This school improvement rating shall be
724	based on a comparison of the current year's and previous year's
725	student and school performance data. Schools that improve at
726	least one grade are eligible for school recognition awards
727	pursuant to s. 1008.36.
728	(4)  SCHOOL REPORT CARD.--The Department of Education shall
729	annually develop a school report card to be delivered to parents
730	through each school district. The report card shall include the
731	school's grade, information regarding school improvement, an
732	explanation of school performance as evaluated by the federal No
733	Child Left Behind Act of 2001, and indicators of return on
734	investment.
735	(5)  RULES.--The State Board of Education shall adopt rules
736	pursuant to ss. 120.536(1) and 120.54 to implement the
737	provisions of this section.
738	Section 9.  Subsections (4) and (5) of section 1008.36,
739	Florida Statutes, are amended to read:
740	1008.36  Florida School Recognition Program.--
741	(4)  All selected schools shall receive financial awards
742	depending on the availability of funds appropriated and the
743	number and size of schools selected to receive an award. Funds
744	must be distributed to the school's fiscal agent and placed in
745	the school's account and must be used for purposes listed in
746	subsection (5) as determined jointly by the school's staff and
747	school advisory council. If school staff and the school advisory
748	council cannot reach agreement by November 1, the awards must be
749	equally distributed with 50 percent distributed to the school
750	staff and 50 percent distributed to the school advisory council
751	to be used according to the provisions of subsection (5) as
752	determined by the school staff and school advisory council,
753	respectively to all classroom teachers currently teaching in the
754	school.
755	(5)  School recognition awards must be used for the
756	following:
757	(a)  Nonrecurring bonuses to the faculty and staff who
758	currently teach at the school or who taught at the school during
759	the year of improved performance;
760	(b)  Nonrecurring expenditures for educational equipment,
761	or materials, or student incentives to assist in maintaining and
762	improving student performance; or
763	(c)  Temporary personnel for the school to assist in
764	maintaining and improving student performance.
765
766	Notwithstanding statutory provisions to the contrary, incentive
767	awards are not subject to collective bargaining.
768	Section 10.  Section 1011.6855, Florida Statutes, is
769	created to read:
770	1011.6855  Minimum pay for instructional personnel;
771	operating categorical fund.--An operating categorical fund is
772	created through which funds shall be used to:
773	(1)  Provide minimum pay of $35,000 or higher as specified
774	in the General Appropriations Act for all full-time certified
775	instructional personnel identified in s. 1012.01(2)(a)-(d).
776	(2)  Provide elevation funds of at least $2,000 or higher
777	as specified in the General Appropriations Act to increase the
778	salary of all full-time certified instructional personnel
779	identified in s. 1012.01(2)(a)-(d) who are earning $33,000 or
780	higher.
781
782	Operating categorical funds remaining after the obligations in
783	subsections (1) and (2) have been met must be used to reduce the
784	district average class size until the district average class
785	size meets the requirements specified in the State Constitution.
786	Section 11.  Subsection (6) is added to section 1012.21,
787	Florida Statutes, to read:
788	1012.21  Department of Education duties; K-12 personnel.--
789	(6)  REPORTING.--The Department of Education shall annually
790	post online the collective bargaining contracts of each school
791	district received pursuant to s. 1012.22. The department shall
792	prescribe the format for district school boards to provide the
793	information.
794	Section 12.  Paragraph (c) of subsection (1) of section
795	1012.22, Florida Statutes, is amended, and subsection (3) is
796	added to said section, to read:
797	1012.22  Public school personnel; powers and duties of the
798	district school board.--The district school board shall:
799	(1)  Designate positions to be filled, prescribe
800	qualifications for those positions, and provide for the
801	appointment, compensation, promotion, suspension, and dismissal
802	of employees as follows, subject to the requirements of this
803	chapter:
804	(c)  Compensation and salary schedules.--
805	1.  The district school board shall adopt a salary schedule
806	or salary schedules designed to furnish incentives for
807	improvement in training and for continued efficient service to
808	be used as a basis for paying all school employees and fix and
809	authorize the compensation of school employees on the basis
810	thereof.
811	2.  A district school board, in determining the salary
812	schedule for instructional personnel, must base a portion of
813	each employee's compensation on performance demonstrated under
814	s. 1012.34, must consider the prior teaching experience of a
815	person who has been designated state teacher of the year by any
816	state in the United States, and must consider prior professional
817	experience in the field of education gained in positions in
818	addition to district level instructional and administrative
819	positions.
820	3.  In developing the salary schedule, the district school
821	board shall seek input from parents, teachers, and
822	representatives of the business community.
823	4.a.  Beginning with the 2002-2003 fiscal year, Each
824	district school board must adopt a performance-pay policy for
825	school administrators and instructional personnel. The
826	district's performance-pay policy is subject to negotiation as
827	provided in chapter 447; however, the adopted salary schedule
828	must allow school administrators and instructional personnel who
829	demonstrate outstanding performance, as measured under s.
830	1012.34, to earn a 5-percent supplement in addition to their
831	individual, negotiated salary. The supplements shall be funded
832	from the performance-pay reserve funds adopted in the salary
833	schedule. Beginning with the 2004-2005 academic year, The
834	district's 5-percent performance-pay policy must provide for the
835	evaluation of classroom teachers within each level of the salary
836	career ladder provided in s. 1012.231.
837	b.  The Commissioner of Education shall determine whether
838	the district school board's adopted salary schedule complies
839	with the requirement for performance-based pay. If the district
840	school board fails to comply with this section, the commissioner
841	shall recommend to the State Board of Education and the state
842	board is authorized to withhold disbursements from the
843	Educational Enhancement Trust Fund to the district until
844	compliance is verified.
845	5.a.  Beginning with the 2005-2006 fiscal year, each
846	district school board must adopt a differentiated-pay policy for
847	school administrators and instructional personnel. The
848	district's differentiated-pay policy is subject to negotiation
849	as provided in chapter 447; however, the adopted salary schedule
850	must allow school administrators and instructional personnel to
851	receive meaningful differentiated pay based upon factors,
852	including, but not limited to:
853	(I)  The subject areas taught, with classroom teachers who
854	teach in critical shortage areas receiving higher pay.
855	(II)  The economic demographics of the school, with school
856	administrators and instructional personnel in schools with a
857	majority of free and reduced-price lunch students receiving
858	higher pay.
859	(III)  The environment in and surrounding the school, with
860	school administrators and instructional personnel in schools
861	with higher than average community crime or school safety issues
862	receiving higher pay.
863	(IV)  The responsibilities of the classroom teacher as
864	provided in the BEST Florida Teaching salary career ladder
865	program pursuant to s. 1012.231.
866	b.  The Commissioner of Education shall determine whether
867	the district school board's adopted salary schedule complies
868	with the requirement for differentiated pay. If the district
869	school board does not adopt a meaningful differentiated-pay
870	scale, the commissioner shall recommend to the State Board of
871	Education and the state board is authorized to withhold
872	disbursements from the Educational Enhancement Trust Fund to the
873	district until compliance is verified.
874	(3)  Annually provide to the Department of Education the
875	negotiated collective bargaining contract for the school
876	district. The district school board shall report in the format
877	prescribed by the department pursuant to s. 1012.21.
878	Section 13.  Section 1012.2305, Florida Statutes, is
879	created to read:
880	1012.2305  Minimum pay for instructional personnel.--
881	(1)  LEGISLATIVE INTENT.--The Legislature recognizes that
882	higher pay does not guarantee quality performance in education.
883	The Legislature also recognizes that competitive pay,
884	differentiated pay, and performance incentives are necessary to
885	attract and retain the highest quality teachers and that the
886	prospect of higher pay and career opportunities are important to
887	attract talented individuals to the field of teaching.
888	(2)  MINIMUM PAY.--The minimum pay for full-time certified
889	instructional personnel identified in s. 1012.01(2)(a)-(d) shall
890	be $35,000 or higher as specified in the General Appropriations
891	Act.
892	Section 14.  Section 1012.231, Florida Statutes, is amended
893	to read:
894	1012.231  BEST Florida Teaching salary career ladder
895	program; assignment of teachers.--
896	(1)  SALARY CAREER LADDER FOR CLASSROOM
897	TEACHERS.--Beginning with the 2005-2006 academic year, Each
898	district school board shall implement a salary career ladder for
899	classroom teachers as defined in s. 1012.01(2)(a). Performance
900	shall be defined as designated in s. 1012.34(3)(a)1.-7. District
901	school boards shall designate categories of classroom teachers
902	reflecting these salary career ladder levels as follows:
903	(a)  Associate teacher.--Classroom teachers in the school
904	district who have not yet received a professional certificate or
905	those with a professional certificate who are evaluated as low-
906	performing teachers.
907	(b)  Professional teacher.--Classroom teachers in the
908	school district who have received a professional certificate.
909	(c)  Lead teacher.--Classroom teachers in the school
910	district who are responsible for leading others in the school as
911	department chair, lead teacher, grade-level leader, intern
912	coordinator, or professional development coordinator. Lead
913	teachers must participate on a regular basis in the direct
914	instruction of students and serve as faculty for professional
915	development activities as determined by the State Board of
916	Education. To be eligible for designation as a lead teacher, a
917	teacher must demonstrate outstanding performance pursuant to s.
918	1012.34(3)(a)1.-7. and must have been a "professional teacher"
919	pursuant to paragraph (b) for at least 1 year.
920	(d)  Mentor teacher.--Classroom teachers in the school
921	district who serve as regular mentors to other teachers who are
922	either not performing satisfactorily or who strive to become
923	more proficient. Mentor teachers must serve as faculty-based
924	professional development coordinators and regularly demonstrate
925	and share their expertise with other teachers in order to remain
926	mentor teachers. Mentor teachers must also participate on a
927	regular basis in the direct instruction of low-performing
928	students. To be eligible for designation as a mentor teacher, a
929	teacher must demonstrate outstanding performance pursuant to s.
930	1012.34(3)(a)1.-7. and must have been a "lead teacher" pursuant
931	to paragraph (c) for at least 2 years.
932
933	Promotion of a teacher to a higher level on the salary career
934	ladder shall be based upon prescribed performance criteria and
935	not based upon length of service.
936	(2)  TEACHER ASSIGNMENT.--School districts may not assign a
937	higher percentage than the school district average of first-time
938	teachers, temporarily certified teachers, teachers in need of
939	improvement, or out-of-field teachers to schools with above the
940	school district average of minority and economically
941	disadvantaged students or schools that are graded "D" or "F."
942	District school boards are authorized to provide salary
943	incentives to meet this requirement. No district school board
944	shall sign a collective bargaining agreement that fails to
945	provide sufficient incentives to meet this requirement.
946	(2)(3)  STATE BOARD AND SCHOOL DISTRICT PLANS.--The State
947	Board of Education shall develop a long-range plan to implement
948	a career ladder differentiated pay model for teachers beginning
949	in the 2005-2006 academic year, based upon the differentiated
950	classroom teacher categories in subsection (1). No later than
951	December 1, 2003, the State Board of Education shall approve
952	guidelines and criteria for the district plans. District school
953	boards shall develop plans to implement the salary career ladder
954	prescribed in this section and submit these plans to the State
955	Board of Education by March 1, 2004.
956	Section 15.  Section 1012.2315, Florida Statutes, is
957	created to read:
958	1012.2315  Assignment of teachers.--
959	(1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
960	finds disparity between teachers assigned to teach in a majority
961	of "A" schools compared to teachers assigned to teach in a
962	majority of "F" schools. The disparity can be found in the
963	average years of experience, median salary, and the performance
964	of the teachers on teacher certification examinations. It is the
965	intent of the Legislature that district school boards have
966	flexibility through the collective bargaining process to assign
967	teachers more equitably across the schools in the district.
968	(2)  ASSIGNMENT TO "D" and "F" SCHOOLS.--School districts
969	may not assign a higher percentage than the school district
970	average of first-time teachers, temporarily certified teachers,
971	teachers in need of improvement, or out-of-field teachers to
972	schools with above the school district average of minority and
973	economically disadvantaged students or schools that are graded
974	"D" or "F". Each school district shall annually certify to the
975	Commissioner of Education that this requirement has been met. If
976	the commissioner determines that a school district is not in
977	compliance with this subsection, the State Board of Education
978	shall be notified and shall take action in the next regularly
979	scheduled meeting to require compliance.
980	(3)  SALARY INCENTIVES.--District school boards are
981	authorized to provide salary incentives to meet the requirement
982	of subsection (2). No district school board shall sign a
983	collective bargaining agreement that fails to provide sufficient
984	incentives to meet this requirement.
985	(4)  COLLECTIVE BARGAINING.--Notwithstanding provisions of
986	chapter 447 relating to district school board collective
987	bargaining, collective bargaining provisions may not preclude a
988	school district from providing incentives to high-quality
989	teachers and assigning such teachers to low-performing schools;
990	however, no teacher should be assigned to a school at which he
991	or she does not wish to teach.
992	Section 16.  Section 1008.51, Florida Statutes, is
993	repealed.
994	Section 17.  Paragraph (a) of subsection (5) of section
995	1000.01, Florida Statutes, is amended to read:
996	1000.01  The Florida K-20 education system; technical
997	provisions.--
998	(5)  EDUCATION GOVERNANCE TRANSFERS.--
999	(a)  Effective July 1, 2001:
1000	1.  The Board of Regents is abolished.
1001	2.  All of the powers, duties, functions, records,
1002	personnel, and property; unexpended balances of appropriations,
1003	allocations, and other funds; administrative authority;
1004	administrative rules; pending issues; and existing contracts of
1005	the Board of Regents are transferred by a type two transfer,
1006	pursuant to s. 20.06(2), to the State Board of Education.
1007	3.  The State Board of Community Colleges is abolished.
1008	4.  All of the powers, duties, functions, records,
1009	personnel, and property; unexpended balances of appropriations,
1010	allocations, and other funds; administrative authority;
1011	administrative rules; pending issues; and existing contracts of
1012	the State Board of Community Colleges are transferred by a type
1013	two transfer, pursuant to s. 20.06(2), from the Department of
1014	Education to the State Board of Education.
1015	5.  The Postsecondary Education Planning Commission is
1016	abolished.
1017	6.  The Council for Education Policy Research and
1018	Improvement is created as an independent office under the Office
1019	of Legislative Services.
1020	7.  All personnel, unexpended balances of appropriations,
1021	and allocations of the Postsecondary Education Planning
1022	Commission are transferred to the Council for Education Policy
1023	Research and Improvement.
1024	6.8.  The Articulation Coordinating Committee and the
1025	Education Standards Commission are transferred by a type two
1026	transfer, pursuant to s. 20.06(2), from the Department of
1027	Education to the State Board of Education.
1028	Section 18.  Paragraph (a) of subsection (2) of section
1029	1001.11, Florida Statutes, is amended to read:
1030	1001.11  Commissioner of Education; other duties.--
1031	(2)(a)  The Commissioner of Education shall recommend to
1032	the State Board of Education performance goals addressing the
1033	educational needs of the state for the K-20 education system.
1034	The Department of Council for Education Policy Research and
1035	Improvement, as an independent entity, shall develop a report
1036	card assigning grades to indicate Florida's progress toward
1037	meeting those goals. The annual report card shall contain
1038	information showing Florida's performance relative to other
1039	states on selected measures, as well as Florida's ability to
1040	meet the need for postsecondary degrees and programs and how
1041	well the Legislature has provided resources to meet this need.
1042	The information shall include the results of the National
1043	Assessment of Educational Progress or a similar national
1044	assessment program administered to students in Florida. By
1045	January 1 of each year, the department Council for Education
1046	Policy Research and Improvement shall submit the report card to
1047	the Legislature, the Governor, and the public.
1048	Section 19.  Paragraphs (c), (d), and (e) of subsection
1049	(16), paragraph (d) of subsection (17), and subsection (18) of
1050	section 1001.42, Florida Statutes, are amended to read:
1051	1001.42  Powers and duties of district school board.--The
1052	district school board, acting as a board, shall exercise all
1053	powers and perform all duties listed below:
1054	(16)  IMPLEMENT SCHOOL IMPROVEMENT AND
1055	ACCOUNTABILITY.--Maintain a system of school improvement and
1056	education accountability as provided by statute and State Board
1057	of Education rule. This system of school improvement and
1058	education accountability shall be consistent with, and
1059	implemented through, the district's continuing system of
1060	planning and budgeting required by this section and ss.
1061	1008.385, 1010.01, and 1011.01. This system of school
1062	improvement and education accountability shall include, but is
1063	not limited to, the following:
1064	(c)  Assistance and intervention.--
1065	1.  Develop a 2-year plan of increasing individualized
1066	assistance and intervention for each school in danger of not
1067	meeting state standards or making adequate progress, as defined
1068	pursuant to statute and State Board of Education rule, toward
1069	meeting the goals and standards of its approved school
1070	improvement plan.
1071	2.  Provide assistance and intervention to a school that is
1072	designated with a identified as being in performance grade of
1073	category "D" pursuant to s. 1008.34 and is in danger of failing.
1074	3.  Develop a plan to encourage teachers with demonstrated
1075	mastery in improving student performance to remain at or
1076	transfer to a school designated with a as performance grade of
1077	category "D" or "F" or to an alternative school that serves
1078	disruptive or violent youths. If a classroom teacher, as defined
1079	by s. 1012.01(2)(a), who meets the definition of teaching
1080	mastery developed according to the provisions of this paragraph,
1081	requests assignment to a school designated with a as performance
1082	grade of category "D" or "F" or to an alternative school that
1083	serves disruptive or violent youths, the district school board
1084	shall make every practical effort to grant the request.
1085	4.  Prioritize, to the extent possible, the expenditures of
1086	funds received from the supplemental academic instruction
1087	categorical fund under s. 1011.62(1)(f) to improve student
1088	performance in schools that receive a performance grade category
1089	designation of "D" or "F."
1090	(d)  After 2 years.--Notify the Commissioner of Education
1091	and the State Board of Education in the event any school does
1092	not make adequate progress toward meeting the goals and
1093	standards of a school improvement plan by the end of 2 years of
1094	failing to make adequate progress and proceed according to
1095	guidelines developed pursuant to statute and State Board of
1096	Education rule. School districts shall provide intervention and
1097	assistance to schools in danger of being designated with a as
1098	performance grade of category "F," failing to make adequate
1099	progress.
1100	(e)  Public disclosure.--Provide information regarding
1101	performance of students and educational programs as required
1102	pursuant to ss. 1008.22 and 1008.385 and implement a system of
1103	school reports as required by statute and State Board of
1104	Education rule that shall include schools operating for the
1105	purpose of providing educational services to youth in Department
1106	of Juvenile Justice programs, and for those schools, report on
1107	the elements specified in s. 1003.52(19). Annual public
1108	disclosure reports shall be in an easy-to-read report card
1109	format and shall include the school's student and school
1110	performance grade category designation and performance data as
1111	specified in state board rule.
1112	(17)  LOCAL-LEVEL DECISIONMAKING.--
1113	(d)  Adopt policies that assist in giving greater autonomy,
1114	including authority over the allocation of the school's budget,
1115	to schools designated with a as performance grade of category
1116	"A," making excellent progress, and schools rated as having
1117	improved at least two grades performance grade categories.
1118	(18)  OPPORTUNITY SCHOLARSHIPS.--Adopt policies allowing
1119	students attending schools that have been designated with a as
1120	performance grade of category "F," failing to make adequate
1121	progress, for 2 school years in a 4-year period to attend a
1122	higher performing school in the district or an adjoining
1123	district or be granted a state opportunity scholarship to a
1124	private school, in conformance with s. 1002.38 and State Board
1125	of Education rule.
1126	Section 20.  Subsection (2) and paragraphs (a) and (b) of
1127	subsection (3) of section 1002.38, Florida Statutes, are amended
1128	to read:
1129	1002.38  Opportunity Scholarship Program.--
1130	(2)  OPPORTUNITY SCHOLARSHIP ELIGIBILITY.--A public school
1131	student's parent may request and receive from the state an
1132	opportunity scholarship for the student to enroll in and attend
1133	a private school in accordance with the provisions of this
1134	section if:
1135	(a)1.  By assigned school attendance area or by special
1136	assignment, the student has spent the prior school year in
1137	attendance at a public school that has been designated pursuant
1138	to s. 1008.34 with a as performance grade of category "F,"
1139	failing to make adequate progress, and that has had 2 school
1140	years in a 4-year period of such low performance, and the
1141	student's attendance occurred during a school year in which such
1142	designation was in effect;
1143	2.  The student has been in attendance elsewhere in the
1144	public school system and has been assigned to such school for
1145	the next school year; or
1146	3.  The student is entering kindergarten or first grade and
1147	has been notified that the student has been assigned to such
1148	school for the next school year.
1149	(b)  The parent has obtained acceptance for admission of
1150	the student to a private school eligible for the program
1151	pursuant to subsection (4), and has notified the Department of
1152	Education and the school district of the request for an
1153	opportunity scholarship no later than September 15 July 1 of the
1154	first year in which the student intends to use the scholarship.
1155
1156	The provisions of this section shall not apply to a student who
1157	is enrolled in a school operating for the purpose of providing
1158	educational services to youth in Department of Juvenile Justice
1159	commitment programs. For purposes of continuity of educational
1160	choice, the opportunity scholarship shall remain in force until
1161	the student returns to a public school or, if the student
1162	chooses to attend a private school the highest grade of which is
1163	grade 8, until the student matriculates to high school and the
1164	public high school to which the student is assigned is an
1165	accredited school with a performance grade category designation
1166	of "C" or better. However, at any time upon reasonable notice to
1167	the Department of Education and the school district, the
1168	student's parent may remove the student from the private school
1169	and place the student in a public school, as provided in
1170	subparagraph (3)(a)2.
1171	(3)  SCHOOL DISTRICT OBLIGATIONS.--
1172	(a)  A school district shall, for each student enrolled in
1173	or assigned to a school that has been designated with a as
1174	performance grade of category "F" for 2 school years in a 4-year
1175	period:
1176	1.  Timely notify the parent of the student as soon as such
1177	designation is made of all options available pursuant to this
1178	section.
1179	2.  Offer that student's parent an opportunity to enroll
1180	the student in the public school within the district that has
1181	been designated by the state pursuant to s. 1008.34 as a school
1182	performing higher than that in which the student is currently
1183	enrolled or to which the student has been assigned, but not less
1184	than performance grade category "C." The parent is not required
1185	to accept this offer in lieu of requesting a state opportunity
1186	scholarship to a private school. The opportunity to continue
1187	attending the higher performing public school shall remain in
1188	force until the student graduates from high school.
1189	(b)  The parent of a student enrolled in or assigned to a
1190	school that has been designated with a performance grade of
1191	category "F" for 2 school years in a 4-year period may choose as
1192	an alternative to enroll the student in and transport the
1193	student to a higher-performing public school that has available
1194	space in an adjacent school district, and that school district
1195	shall accept the student and report the student for purposes of
1196	the district's funding pursuant to the Florida Education Finance
1197	Program.
1198	Section 21.  Paragraph (a) of subsection (1) and paragraph
1199	(a) of subsection (2) of section 1003.62, Florida Statutes, are
1200	amended to read:
1201	1003.62  Academic performance-based charter school
1202	districts.--The State Board of Education may enter into a
1203	performance contract with district school boards as authorized
1204	in this section for the purpose of establishing them as academic
1205	performance-based charter school districts. The purpose of this
1206	section is to examine a new relationship between the State Board
1207	of Education and district school boards that will produce
1208	significant improvements in student achievement, while complying
1209	with constitutional and statutory requirements assigned to each
1210	entity.
1211	(1)  ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL DISTRICT.--
1212	(a)  A school district shall be eligible for designation as
1213	an academic performance-based charter school district if it is a
1214	high-performing school district in which a minimum of 50 percent
1215	of the schools earn a performance grade of category "A" or "B"
1216	and in which no school earns a performance grade of category "D"
1217	or "F" for 2 consecutive years pursuant to s. 1008.34. Schools
1218	that receive a performance grade of category "I" or "N" shall
1219	not be included in this calculation. The performance contract
1220	for a school district that earns a charter based on school
1221	performance grades shall be predicated on maintenance of at
1222	least 50 percent of the schools in the school district earning a
1223	performance grade of category "A" or "B" with no school in the
1224	school district earning a performance grade of category "D" or
1225	"F" for 2 consecutive years. A school district in which the
1226	number of schools that earn a performance grade of "A" or "B" is
1227	less than 50 percent may have its charter renewed for 1 year;
1228	however, if the percentage of "A" or "B" schools is less than 50
1229	percent for 2 consecutive years, the charter shall not be
1230	renewed.
1231	(2)  EXEMPTION FROM STATUTES AND RULES.--
1232	(a)  An academic performance-based charter school district
1233	shall operate in accordance with its charter and shall be exempt
1234	from certain State Board of Education rules and statutes if the
1235	State Board of Education determines such an exemption will
1236	assist the district in maintaining or improving its high-
1237	performing status pursuant to paragraph (1)(a). However, the
1238	State Board of Education may not exempt an academic performance-
1239	based charter school district from any of the following
1240	statutes:
1241	1.  Those statutes pertaining to the provision of services
1242	to students with disabilities.
1243	2.  Those statutes pertaining to civil rights, including s.
1244	1000.05, relating to discrimination.
1245	3.  Those statutes pertaining to student health, safety,
1246	and welfare.
1247	4.  Those statutes governing the election or compensation
1248	of district school board members.
1249	5.  Those statutes pertaining to the student assessment
1250	program and the school grading system, including chapter 1008.
1251	6.  Those statutes pertaining to financial matters,
1252	including chapter 1010.
1253	7.  Those statutes pertaining to planning and budgeting,
1254	including chapter 1011, except that ss. 1011.64 and 1011.69
1255	shall be eligible for exemption.
1256	8.  Sections 1012.22(1)(c) and 1012.27(2), relating to
1257	performance-pay and differentiated-pay policies for school
1258	administrators and instructional personnel. Professional service
1259	contracts shall be subject to the provisions of ss. 1012.33 and
1260	1012.34.
1261	9.  Those statutes pertaining to educational facilities,
1262	including chapter 1013, except as specified under contract with
1263	the State Board of Education. However, no contractual provision
1264	that could have the effect of requiring the appropriation of
1265	additional capital outlay funds to the academic performance-
1266	based charter school district shall be valid.
1267	Section 22.  Paragraph (e) of subsection (2) of section
1268	1005.22, Florida Statutes, is amended to read:
1269	1005.22  Powers and duties of commission.--
1270	(2)  The commission may:
1271	(e)  Advise the Governor, the Legislature, the State Board
1272	of Education, the Council for Education Policy Research and
1273	Improvement, and the Commissioner of Education on issues
1274	relating to private postsecondary education.
1275	Section 23.  Subsection (3) of section 1007.33, Florida
1276	Statutes, is amended to read:
1277	1007.33  Site-determined baccalaureate degree access.--
1278	(3)  A community college may develop a proposal to deliver
1279	specified baccalaureate degree programs in its district to meet
1280	local workforce needs. The proposal must be submitted to the
1281	State Board of Education for approval. The community college's
1282	proposal must include the following information:
1283	(a)  Demand for the baccalaureate degree program is
1284	identified by the workforce development board, local businesses
1285	and industry, local chambers of commerce, and potential
1286	students.
1287	(b)  Unmet need for graduates of the proposed degree
1288	program is substantiated.
1289	(c)  The community college has the facilities and academic
1290	resources to deliver the program.
1291
1292	The proposal must be submitted to the Council for Education
1293	Policy Research and Improvement for review and comment. Upon
1294	approval of the State Board of Education for the specific degree
1295	program or programs, the community college shall pursue regional
1296	accreditation by the Commission on Colleges of the Southern
1297	Association of Colleges and Schools. Any additional
1298	baccalaureate degree programs the community college wishes to
1299	offer must be approved by the State Board of Education.
1300	Section 24.  Paragraphs (b) and (d) of subsection (6) and
1301	subsection (7) of section 1008.345, Florida Statutes, are
1302	amended to read:
1303	1008.345  Implementation of state system of school
1304	improvement and education accountability.--
1305	(6)
1306	(b)  Upon request, the department shall provide technical
1307	assistance and training to any school, including any school
1308	operating for the purpose of providing educational services to
1309	youth in Department of Juvenile Justice programs, school
1310	advisory council, district, or district school board for
1311	conducting needs assessments, developing and implementing school
1312	improvement plans, developing and implementing assistance and
1313	intervention plans, or implementing other components of school
1314	improvement and accountability. Priority for these services
1315	shall be given to schools designated with a as performance grade
1316	of category "D" or "F" and school districts in rural and
1317	sparsely populated areas of the state.
1318	(d)  The department shall assign a community assessment
1319	team to each school district with a school designated with a as
1320	performance grade of category "D" or "F" to review the school
1321	performance data and determine causes for the low performance.
1322	The team shall make recommendations to the school board, to the
1323	department, and to the State Board of Education for implementing
1324	an assistance and intervention plan that will address the causes
1325	of the school's low performance. The assessment team shall
1326	include, but not be limited to, a department representative,
1327	parents, business representatives, educators, and community
1328	activists, and shall represent the demographics of the community
1329	from which they are appointed.
1330	(7)(a)  Schools designated with a in performance grade of
1331	category "A," making excellent progress, shall, if requested by
1332	the school, be given deregulated status as specified in s.
1333	1003.63(5), (7), (8), (9), and (10).
1334	(b)  Schools that have improved at least two grades
1335	performance grade categories and that meet the criteria of the
1336	Florida School Recognition Program pursuant to s. 1008.36 may be
1337	given deregulated status as specified in s. 1003.63(5), (7),
1338	(8), (9), and (10).
1339	Section 25.  Paragraph (h) of subsection (1) of section
1340	1008.45, Florida Statutes, is amended to read:
1341	1008.45  Community college accountability process.--
1342	(1)  It is the intent of the Legislature that a management
1343	and accountability process be implemented which provides for the
1344	systematic, ongoing improvement and assessment of the
1345	improvement of the quality and efficiency of the Florida
1346	community colleges. Accordingly, the State Board of Education
1347	and the community college boards of trustees shall develop and
1348	implement an accountability plan to improve and evaluate the
1349	instructional and administrative efficiency and effectiveness of
1350	the Florida Community College System. This plan shall be
1351	designed in consultation with staff of the Governor and the
1352	Legislature and must address the following issues:
1353	(h)  Other measures as identified by the Council for
1354	Education Policy Research and Improvement and approved by the
1355	State Board of Education.
1356	Section 26.  Paragraphs (h), (l), (m), and (n) of
1357	subsection (1) of section 1011.62, Florida Statutes, are amended
1358	to read:
1359	1011.62  Funds for operation of schools.--If the annual
1360	allocation from the Florida Education Finance Program to each
1361	district for operation of schools is not determined in the
1362	annual appropriations act or the substantive bill implementing
1363	the annual appropriations act, it shall be determined as
1364	follows:
1365	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1366	OPERATION.--The following procedure shall be followed in
1367	determining the annual allocation to each district for
1368	operation:
1369	(h)  Small, isolated high schools.--Districts which levy
1370	the maximum nonvoted discretionary millage, exclusive of millage
1371	for capital outlay purposes levied pursuant to s. 1011.71(2),
1372	may calculate full-time equivalent students for small, isolated
1373	high schools by multiplying the number of unweighted full-time
1374	equivalent students times 2.75; provided the school has attained
1375	a state accountability performance grade category of "C" or
1376	better, pursuant to s. 1008.34, for the previous school year.
1377	For the purpose of this section, the term "small, isolated high
1378	school" means any high school which is located no less than 28
1379	miles by the shortest route from another high school; which has
1380	been serving students primarily in basic studies provided by
1381	sub-subparagraphs (c)1.b. and c. and may include subparagraph
1382	(c)4.; and which has a membership of no more than 100 students,
1383	but no fewer than 28 students, in grades 9 through 12.
1384	(l)  Calculation of additional full-time equivalent
1385	membership based on international baccalaureate examination
1386	scores of students.--A value of 0.24 full-time equivalent
1387	student membership shall be calculated for each student enrolled
1388	in an international baccalaureate course who receives a score of
1389	4 or higher on a subject examination. A value of 0.3 full-time
1390	equivalent student membership shall be calculated for each
1391	student who receives an international baccalaureate diploma.
1392	Such value shall be added to the total full-time equivalent
1393	student membership in basic programs for grades 9 through 12 in
1394	the subsequent fiscal year. The school district shall distribute
1395	to each classroom teacher who provided international
1396	baccalaureate instruction:
1397	1.  A bonus in the amount of $50 for each student taught by
1398	the International Baccalaureate teacher in each international
1399	baccalaureate course who receives a score of 4 or higher on the
1400	international baccalaureate examination.
1401	2.  An additional bonus of $500 to each International
1402	Baccalaureate teacher in a school designated with a performance
1403	grade of category "D" or "F" who has at least one student
1404	scoring 4 or higher on the international baccalaureate
1405	examination, regardless of the number of classes taught or of
1406	the number of students scoring a 4 or higher on the
1407	international baccalaureate examination.
1408
1409	Bonuses awarded to a teacher according to this paragraph shall
1410	not exceed $2,000 in any given school year and shall be in
1411	addition to any regular wage or other bonus the teacher received
1412	or is scheduled to receive.
1413	(m)  Calculation of additional full-time equivalent
1414	membership based on Advanced International Certificate of
1415	Education examination scores of students.--A value of 0.24 full-
1416	full-time equivalent student membership shall be calculated for
1417	each student enrolled in a full-credit Advanced International
1418	Certificate of Education course who receives a score of 2 or
1419	higher on a subject examination. A value of 0.12 full-time
1420	equivalent student membership shall be calculated for each
1421	student enrolled in a half-credit Advanced International
1422	Certificate of Education course who receives a score of 1 or
1423	higher on a subject examination. A value of 0.3 full-time
1424	equivalent student membership shall be calculated for each
1425	student who received an Advanced International Certificate of
1426	Education diploma. Such value shall be added to the total full-
1427	time equivalent student membership in basic programs for grades
1428	9 through 12 in the subsequent fiscal year. The school district
1429	shall distribute to each classroom teacher who provided Advanced
1430	International Certificate of Education instruction:
1431	1.  A bonus in the amount of $50 for each student taught by
1432	the Advanced International Certificate of Education teacher in
1433	each full-credit Advanced International Certificate of Education
1434	course who receives a score of 2 or higher on the Advanced
1435	International Certificate of Education examination. A bonus in
1436	the amount of $25 for each student taught by the Advanced
1437	International Certificate of Education teacher in each half-
1438	credit Advanced International Certificate of Education course
1439	who receives a score of 1 or higher on the Advanced
1440	International Certificate of Education examination.
1441	2.  An additional bonus of $500 to each Advanced
1442	International Certificate of Education teacher in a school
1443	designated with a performance grade of category "D" or "F" who
1444	has at least one student scoring 2 or higher on the full-credit
1445	Advanced International Certificate of Education examination,
1446	regardless of the number of classes taught or of the number of
1447	students scoring a 2 or higher on the full-credit Advanced
1448	International Certificate of Education examination.
1449	3.  Additional bonuses of $250 each to teachers of half-
1450	credit Advanced International Certificate of Education classes
1451	in a school designated with a performance grade of category "D"
1452	or "F" which has at least one student scoring a 1 or higher on
1453	the half-credit Advanced International Certificate of Education
1454	examination in that class. The maximum additional bonus for a
1455	teacher awarded in accordance with this subparagraph shall not
1456	exceed $500 in any given school year. Teachers receiving an
1457	award under subparagraph 2. are not eligible for a bonus under
1458	this subparagraph.
1459
1460	Bonuses awarded to a teacher according to this paragraph shall
1461	not exceed $2,000 in any given school year and shall be in
1462	addition to any regular wage or other bonus the teacher received
1463	or is scheduled to receive.
1464	(n)  Calculation of additional full-time equivalent
1465	membership based on college board advanced placement scores of
1466	students.--A value of 0.24 full-time equivalent student
1467	membership shall be calculated for each student in each advanced
1468	placement course who receives a score of 3 or higher on the
1469	College Board Advanced Placement Examination for the prior year
1470	and added to the total full-time equivalent student membership
1471	in basic programs for grades 9 through 12 in the subsequent
1472	fiscal year. Each district must allocate at least 80 percent of
1473	the funds provided to the district for advanced placement
1474	instruction, in accordance with this paragraph, to the high
1475	school that generates the funds. The school district shall
1476	distribute to each classroom teacher who provided advanced
1477	placement instruction:
1478	1.  A bonus in the amount of $50 for each student taught by
1479	the Advanced Placement teacher in each advanced placement course
1480	who receives a score of 3 or higher on the College Board
1481	Advanced Placement Examination.
1482	2.  An additional bonus of $500 to each Advanced Placement
1483	teacher in a school designated with a performance grade of
1484	category "D" or "F" who has at least one student scoring 3 or
1485	higher on the College Board Advanced Placement Examination,
1486	regardless of the number of classes taught or of the number of
1487	students scoring a 3 or higher on the College Board Advanced
1488	Placement Examination.
1489
1490	Bonuses awarded to a teacher according to this paragraph shall
1491	not exceed $2,000 in any given school year and shall be in
1492	addition to any regular wage or other bonus the teacher received
1493	or is scheduled to receive.
1494	Section 27.  Paragraph (a) of subsection (2) of section
1495	1011.64, Florida Statutes, is amended to read:
1496	1011.64  School district minimum classroom expenditure
1497	requirements.--
1498	(2)  For the purpose of implementing the provisions of this
1499	section, the Legislature shall prescribe minimum academic
1500	performance standards and minimum classroom expenditure
1501	requirements for districts not meeting such minimum academic
1502	performance standards in the General Appropriations Act.
1503	(a)  Minimum academic performance standards may be based
1504	on, but are not limited to, district performance grades
1505	determined pursuant to s. 1008.34(7)(8).
1506	Section 28.  If any provision of this act or the
1507	application thereof to any person or circumstance is held
1508	invalid, the invalidity shall not affect other provisions or
1509	applications of the act which can be given effect without the
1510	invalid provision or application, and to this end the provisions
1511	of this act are declared severable.
1512	Section 29.  This act shall take effect upon becoming a
1513	law, except that ss. 1003.035, 1011.6855, and 1012.2305, Florida
1514	Statutes, as created by this act, shall take effect on the
1515	effective date of an amendment to s. 1, Art. IX of the State
1516	Constitution approved by the electors that requires district
1517	average maximum class sizes and minimum pay for teachers.

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