Senate Bill sb2480c1
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    Florida Senate - 2005                           CS for SB 2480
    By the Committee on Education; and Senators Lynn, Haridopolos,
    Baker, Sebesta and Peaden
    581-2076-05
  1                      A bill to be entitled
  2         An act relating to education; amending s.
  3         1001.03, F.S., relating to the powers of the
  4         State Board of Education; requiring the State
  5         Board of Education to periodically review the
  6         Sunshine State Standards; creating s. 1001.215,
  7         F.S.; creating the Just Read, Florida! Office
  8         within the Department of Education; providing
  9         duties of the office; amending s. 1001.42,
10         F.S., relating to powers and duties of a
11         district school board; revising the
12         requirements for school improvement plans;
13         creating s. 1002.385, F.S.; creating the
14         Reading Compact Scholarships Program; providing
15         scholarships to attend a public or private
16         school to students who have scored at Level 1
17         on the reading portion of the Florida
18         Comprehensive Assessment Test for 3 consecutive
19         years; providing an opportunity for screening
20         to identify reading disabilities; providing
21         scholarship eligibility requirements;
22         specifying scholarship obligations for
23         participating public and private schools and
24         parents and students; providing for scholarship
25         funding and payment; directing the Department
26         of Education and the Commissioner of Education
27         to administer the scholarship program; limiting
28         the liability of the state; providing
29         rulemaking authority; creating s. 1002.421,
30         F.S.; prescribing requirements of private
31         schools participating in state school choice
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    Florida Senate - 2005                           CS for SB 2480
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 1         scholarship programs; requiring compliance with
 2         requirements relating to notice, student
 3         enrollment and attendance verification, fiscal
 4         soundness, academic assessment, and
 5         criminal-background checks and to applicable
 6         state and local health, safety, and welfare
 7         laws, codes, and rules; providing grounds for
 8         ineligibility to participate in certain
 9         scholarship programs; providing rulemaking
10         authority to the State Board of Education;
11         creating s. 1002.423, F.S.; prescribing
12         obligations of the Department of Education for
13         education scholarship programs; requiring the
14         department to identify certain assessments;
15         requiring the department to select a private
16         research organization to which private schools
17         report student scores; providing reporting
18         requirements; creating s. 1003.035, F.S.;
19         providing for the contingent application of the
20         section upon the adoption of an amendment to
21         the State Constitution; prescribing district
22         average class size limitations for grades
23         prekindergarten through 3, grades 4 through 8,
24         and grades 9 through 12; requiring the
25         Department of Education to annually calculate
26         class size measures based on a specified
27         student-membership survey; amending s. 1003.05,
28         F.S., relating to military families; limiting
29         certain enrollment opportunities; creating s.
30         1003.413, F.S.; requiring school districts to
31         adopt certain reading policies in high schools;
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    Florida Senate - 2005                           CS for SB 2480
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 1         requiring that certain high schools offer
 2         specific support services for students scoring
 3         at Level 1 on the FCAT reading test; creating a
 4         high school task force; providing membership;
 5         providing reporting requirements; amending s.
 6         1003.415, F.S., relating to the Middle School
 7         Grades Reform Act; revising legislative intent;
 8         deleting obsolete references; creating s.
 9         1003.4155, F.S.; establishing a grading system
10         for middle schools; creating s. 1003.4156,
11         F.S.; establishing general requirements for
12         promotion from middle school; requiring the
13         successful completion of 12 academic credits in
14         certain courses; requiring an intensive reading
15         course under certain circumstances; defining a
16         middle school academic credit for purposes of
17         the section; requiring district school boards
18         to adopt policies for alternatives to obtain
19         credits; amending s. 1003.42, F.S., relating to
20         required instruction; revising and increasing
21         the requirements for studying U.S. history and
22         free enterprise; providing rulemaking authority
23         to the State Board of Education; repealing s.
24         1003.429, F.S., relating to options for
25         accelerated high school graduation; providing
26         for application; amending ss. 1003.431,
27         1007.261, 1008.22, and 1009.531, F.S., relating
28         to career education certification, state
29         university admissions, a student assessment
30         program for public schools, and the Florida
31         Bright Futures Scholarship Program; conforming
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    Florida Senate - 2005                           CS for SB 2480
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 1         provisions to the repeal of s. 1003.429, F.S.;
 2         providing for application; amending s. 1003.52,
 3         F.S.; requiring the Department of Education to
 4         develop procedures for reporting performance
 5         and participation data of students in juvenile
 6         justice education programs; amending s.
 7         1003.57, F.S.; providing guidelines for
 8         determining the residency of a student who
 9         receives instruction as an exceptional student
10         with a disability; requiring the student's
11         placing authority or parent to pay the cost of
12         such instruction, facilities, and services;
13         providing responsibilities of the Department of
14         Education; providing responsibilities of
15         residential facilities that educate exceptional
16         students with disabilities; providing
17         applicability; creating s. 1003.575, F.S.;
18         requiring the Department of Education to devise
19         an individual education plan form for use in
20         developing and implementing individual
21         education plans for exceptional students;
22         requiring school districts to use the form;
23         amending s. 1003.58, F.S.; conforming a
24         cross-reference; amending s. 1004.04, F.S.;
25         requiring the Council for Education Policy
26         Research and Improvement to review and report
27         on the effectiveness of the graduates of
28         state-approved teacher preparation programs and
29         alternative certification programs; creating s.
30         1004.64, F.S.; establishing the Florida Center
31         for Reading Research; specifying duties of the
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    Florida Senate - 2005                           CS for SB 2480
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 1         center; amending s. 1008.22, F.S., relating to
 2         student assessment; expressing legislative
 3         intent; identifying grade levels for state
 4         assessment administration; eliminating obsolete
 5         references; requiring certain reports; amending
 6         s. 1008.25, F.S., relating to public school
 7         student progression; eliminating obsolete
 8         references; directing the Department of
 9         Education to establish a uniform format for
10         reporting student progression information;
11         requiring certain reports; amending s. 1008.31,
12         F.S., relating to education accountability;
13         expressing legislative intent relating to
14         performance measures established by the Board
15         of Governors with respect to the state
16         universities; eliminating certain
17         performance-based funding requirements;
18         providing guiding principles for the
19         accountability system; revising the goals of
20         the accountability system; requiring certain
21         reports; providing rulemaking authority to the
22         State Board of Education; amending s. 1008.33,
23         F.S., relating to the authority to enforce
24         public school improvement; authorizing transfer
25         of certain teachers to low-performing schools;
26         amending s. 1008.34, F.S., relating to the
27         school grading system; requiring that student
28         test scores be calculated in the alternative
29         school in which the student is enrolled and the
30         school previously attended; providing
31         exceptions; requiring the Department of
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    Florida Senate - 2005                           CS for SB 2480
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 1         Education to develop a school report card;
 2         creating s. 1008.341, F.S.; requiring the
 3         grading of alternative schools; providing
 4         definitions; requiring that the Commissioner of
 5         Education prepare an annual report; specifying
 6         the data to be used in determining school
 7         grades; requiring that a school report card be
 8         delivered to parents; requiring the State Board
 9         of Education to adopt rules; amending s.
10         1008.36, F.S., relating to the Florida School
11         Recognition Program; providing that certain
12         feeder schools are eligible to participate in
13         the program; providing a definition; requiring
14         certain feeder schools to be subject to the
15         Opportunity Scholarship Program, as defined in
16         s. 1002.38, F.S.; providing for the disposition
17         of school recognition funds; defining
18         eligibility for the receipt of school
19         recognition funds; amending s. 1011.62, F.S.,
20         relating to funds for the operation of schools;
21         creating a research-based reading-instruction
22         allocation for students in kindergarten through
23         grade 12; providing for the use of the funds;
24         providing for fund disbursement; creating s.
25         1011.6855, F.S.; providing for the contingent
26         application of the section upon the adoption of
27         an amendment to the State Constitution;
28         establishing an operating categorical fund;
29         providing a minimum instructional personnel
30         salary; requiring the use of certain funds for
31         class size reduction; amending s. 1012.21,
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    Florida Senate - 2005                           CS for SB 2480
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 1         F.S., relating to the duties of the Department
 2         of Education; requiring the department to
 3         annually post school district collective
 4         bargaining agreements on-line; amending s.
 5         1012.22, F.S., relating to public school
 6         personnel; requiring school boards to adopt
 7         differentiated-pay policies for school
 8         administrators and instructional personnel;
 9         specifying factors to be included in
10         differentiated-pay policies; providing for the
11         withholding of funds for failure to comply;
12         creating s. 1012.2305, F.S.; expressing
13         legislative intent regarding minimum
14         instructional personnel pay; providing for
15         contingent application of the section upon the
16         adoption of an amendment to the State
17         Constitution; establishing minimum pay for
18         certain instructional personnel; creating s.
19         1012.2315, F.S.; establishing legislative
20         findings; expressing legislative intent;
21         providing criteria for the assignment of
22         teachers to certain schools; authorizing
23         certain salary incentives; limiting certain
24         collective bargaining provisions relating to
25         assignment of teachers at certain schools;
26         amending s. 1012.72, F.S., relating to the Dale
27         Hickam Excellent Teaching Program; requiring
28         that the Department of Education administer the
29         Dale Hickam Excellent Teaching Program Trust
30         Fund; requiring the Council for Education
31         Policy Research and Improvement to evaluate the
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 1         benefits and effectiveness of the program;
 2         creating s. 1012.986, F.S.; establishing a
 3         statewide system for the professional
 4         development of school leaders; providing a
 5         short title; providing program purposes and
 6         legislative intent; requiring the Department of
 7         Education to annually determine criteria for
 8         school leadership designations based on certain
 9         factors; requiring certain program components;
10         providing for a program delivery system;
11         providing rulemaking authority to the State
12         Board of Education; repealing s. 1012.987,
13         F.S., relating to education leadership
14         development; repealing s. 1012.231, F.S.,
15         relating to the BEST Florida Teaching Salary
16         career ladder program; repealing s. 1003.03,
17         F.S., relating to statutory class size
18         maximums, contingent upon the adoption of an
19         amendment to the State Constitution; repealing
20         s. 1011.685, F.S., relating to the class size
21         reduction categorical fund, contingent upon the
22         adoption of an amendment to the State
23         Constitution; providing for severability;
24         providing effective dates.
25  
26  Be It Enacted by the Legislature of the State of Florida:
27  
28         Section 1.  Subsection (1) of section 1001.03, Florida
29  Statutes, is amended to read:
30         1001.03  Specific powers of State Board of Education.--
31  
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    Florida Senate - 2005                           CS for SB 2480
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 1         (1)  PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The
 2  State Board of Education shall approve the student performance
 3  standards known as the Sunshine State Standards in key
 4  academic subject areas and grade levels. The board shall
 5  periodically review the standards to ensure adequate rigor,
 6  logical pupil progression, and articulation from grade to
 7  grade, and shall evaluate the extent to which the standards
 8  are being taught at each grade level.
 9         Section 2.  Section 1001.215, Florida Statutes, is
10  created to read:
11         1001.215  Just Read, Florida! Office.--There is created
12  within the Department of Education the Just Read, Florida!
13  Office.  The office shall:
14         (1)  Train professionally certified teachers to become
15  certified reading coaches.
16         (2)  Train K-12 teachers, school principals, and
17  parents on research-based strategies for reading instruction.
18         (3)  Provide technical assistance to districts in the
19  development and implementation of, and annually review and
20  approve district plans for use of, the Research-based Reading
21  Instruction Allocation pursuant to s. 1011.62(9).
22         (4)  Work with the Florida Center for Reading Research
23  created under s. 1004.64 to provide information on
24  research-based reading programs.
25         (5)  Periodically review the Sunshine State Standards
26  for reading at all grade levels.
27         (6)  Periodically review the teacher certification
28  examinations to ensure that they reflect proficiency in
29  research-based strategies for reading instruction.
30         (7)  Work with teacher preparation programs approved
31  under s. 1004.04 to ensure the integration of research-based
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    Florida Senate - 2005                           CS for SB 2480
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 1  strategies for reading instruction into teacher preparation
 2  programs.
 3         (8)  Administer grants and perform other functions
 4  necessary to assist with meeting the goal that all students
 5  are reading on grade level.
 6         Section 3.  Subsection (16) of section 1001.42, Florida
 7  Statutes, is amended to read:
 8         1001.42  Powers and duties of district school
 9  board.--The district school board, acting as a board, shall
10  exercise all powers and perform all duties listed below:
11         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND
12  ACCOUNTABILITY.--Maintain a system of school improvement and
13  education accountability as provided by statute and State
14  Board of Education rule. This system of school improvement and
15  education accountability shall be consistent with, and
16  implemented through, the district's continuing system of
17  planning and budgeting required by this section and ss.
18  1008.385, 1010.01, and 1011.01. This system of school
19  improvement and education accountability shall include, but is
20  not limited to, the following:
21         (a)  School improvement plans.--Annually approve and
22  require implementation of a new, amended, or continuation
23  school improvement plan for each school in the district,
24  except that a district school board may establish a district
25  school improvement plan that includes all schools in the
26  district operating for the purpose of providing educational
27  services to youth in Department of Juvenile Justice programs.
28  Such plan shall be designed to achieve the state education
29  priorities pursuant to s. 1000.03(5) and student performance
30  standards. In addition, any school required to implement a
31  rigorous reading requirement pursuant to s. 1003.415 must
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 1  include such component in its school improvement plan. Each
 2  plan shall also address issues relative to budget, training,
 3  instructional materials, technology, staffing, student support
 4  services, specific school safety and discipline strategies,
 5  student health and fitness, including physical fitness,
 6  parental information on student health and fitness, and indoor
 7  environmental air quality, and other matters of resource
 8  allocation, as determined by district school board policy, and
 9  shall be based on an analysis of student achievement and other
10  school performance data.
11         (b)  Improvement plan requirements.--Each district
12  school board's system of school improvement and student
13  progression must be designed to provide frequent and accurate
14  information to the teacher and student regarding each
15  student's progress toward mastering the Sunshine State
16  Standards. The system must demonstrate the alignment of the
17  Sunshine State Standards, instructional strategies,
18  assessment, and professional development. Each school's school
19  improvement plan must identify the strategies for monitoring
20  the progress of each student. The process used by each school
21  to monitor student progression must, at a minimum, contain the
22  following components that are aimed at increasing student
23  achievement:
24         1.  Disaggregated student achievement data related to
25  student performance which are used to identify each individual
26  student's strengths and weaknesses and to determine the
27  effectiveness of the teaching and learning strategies that are
28  being used in the classroom;
29         2.  The Sunshine State Standards instructional calendar
30  and timeline, using disaggregated student performance data to
31  
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 1  focus instruction on the Sunshine State Standards, manage
 2  instructional time, and allocate resources;
 3         3.  Prioritized instructional focus to facilitate
 4  explicit and systematic instruction using research-based
 5  effective practices in the classroom;
 6         4.  Mini-assessments of targeted Sunshine State
 7  Standards benchmarks to monitor students' progress and
 8  generate data to redesign instruction, if needed;
 9         5.  Alternative in-school, tutorial, remediation, or
10  enrichment strategies for students which are based on each
11  student's individual academic needs as defined by the
12  mini-assessments; and
13         6.  Systematic monitoring of each teacher's
14  implementation of the comprehensive program for student
15  progression as described in subparagraphs 1.-5.
16         (c)(b)  Approval process.--Develop a process for
17  approval of a school improvement plan presented by an
18  individual school and its advisory council. In the event a
19  district school board does not approve a school improvement
20  plan after exhausting this process, the Department of
21  Education shall be notified of the need for assistance.
22         (d)(c)  Assistance and intervention.--
23         1.  Develop a 2-year plan of increasing individualized
24  assistance and intervention for each school in danger of not
25  meeting state standards or making adequate progress, as
26  defined pursuant to statute and State Board of Education rule,
27  toward meeting the goals and standards of its approved school
28  improvement plan.
29         2.  Provide assistance and intervention to a school
30  that is identified as being in performance grade category "D"
31  pursuant to s. 1008.34 and is in danger of failing.
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 1         3.  Develop a plan to encourage teachers with
 2  demonstrated mastery in improving student performance to
 3  remain at or transfer to a school designated as performance
 4  grade category "D" or "F" or to an alternative school that
 5  serves disruptive or violent youths. If a classroom teacher,
 6  as defined by s. 1012.01(2)(a), who meets the definition of
 7  teaching mastery developed according to the provisions of this
 8  paragraph, requests assignment to a school designated as
 9  performance grade category "D" or "F" or to an alternative
10  school that serves disruptive or violent youths, the district
11  school board shall make every practical effort to grant the
12  request.
13         4.  Prioritize, to the extent possible, the
14  expenditures of funds received from the supplemental academic
15  instruction categorical fund under s. 1011.62(1)(f) to improve
16  student performance in schools that receive a performance
17  grade category designation of "D" or "F."
18         (e)(d)  After 2 years.--Notify the Commissioner of
19  Education and the State Board of Education in the event any
20  school does not make adequate progress toward meeting the
21  goals and standards of a school improvement plan by the end of
22  2 years of failing to make adequate progress and proceed
23  according to guidelines developed pursuant to statute and
24  State Board of Education rule. School districts shall provide
25  intervention and assistance to schools in danger of being
26  designated as performance grade category "F," failing to make
27  adequate progress.
28         (f)(e)  Public disclosure.--Provide information
29  regarding performance of students and educational programs as
30  required pursuant to ss. 1008.22 and 1008.385 and implement a
31  system of school reports as required by statute and State
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 1  Board of Education rule that shall include schools operating
 2  for the purpose of providing educational services to youth in
 3  Department of Juvenile Justice programs, and for those
 4  schools, report on the elements specified in s. 1003.52(19).
 5  Annual public disclosure reports shall be in an easy-to-read
 6  report card format and shall include the school's student and
 7  school performance grade category designation and performance
 8  data as specified in state board rule.
 9         (g)(f)  School improvement funds.--Provide funds to
10  schools for developing and implementing school improvement
11  plans. Such funds shall include those funds appropriated for
12  the purpose of school improvement pursuant to s. 24.121(5)(c).
13         Section 4.  Section 1002.385, Florida Statutes, is
14  created to read:
15         1002.385  The Reading Compact Scholarships
16  Program.--There is established the Reading Compact
17  Scholarships Program, a program designed to offer parents of
18  students who have not attained reading proficiency beyond
19  Level 1 an educational choice to further the students'
20  progress in reading.
21         (1)  PURPOSE.--The purpose of the Reading Compact
22  Scholarships Program is to provide to each student who has
23  scored at Level 1 on the reading portion of the FCAT for 3
24  consecutive years the option to attend a public or private
25  school of choice.
26         (2)  ELIGIBILITY.--The parent of a public school
27  student may request and receive from the state a Reading
28  Compact Scholarship for the student to enroll in and attend a
29  private school in accordance with this section if:
30         (a)  The student has scored at Level 1 on the reading
31  portion of the FCAT for a period of 3 consecutive years.
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 1  However, a student shall be recommended for screening and
 2  evaluation, with parental consent, to determine the student's
 3  eligibility for exceptional student services if the student:
 4         1.  Has scored at Level 1 on the reading portion of the
 5  FCAT for two consecutive years; and
 6         2.  Has not previously been identified as an
 7  exceptional student having a disability that interferes with
 8  his or her academic progress in reading.
 9         (b)  The parent has obtained acceptance for admission
10  of the student to a private school eligible for the program
11  under subsection (8) and has requested from the Department of
12  Education a Reading Compact Scholarship at least 60 days
13  before the date of the first scholarship payment. The parental
14  request must be made through a direct communication to the
15  Department of Education in a manner that creates a written or
16  electronic record of the request and the date of receipt of
17  the request.
18         (3)  PROHIBITIONS.--A student is ineligible to receive
19  a Reading Compact Scholarship if the student is:
20         (a)  Enrolled in a school operating for the purpose of
21  providing educational services to youth in Department of
22  Juvenile Justice commitment programs.
23         (b)  Receiving a scholarship from an eligible nonprofit
24  scholarship-funding organization under s. 220.187.
25         (c)  Receiving an educational scholarship under chapter
26  1002.
27         (d)  Participating in a home education program as
28  defined in s. 1002.01(1).
29         (e)  Participating in a private tutoring program under
30  s. 1002.43.
31  
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 1         (f)  Participating in a virtual school, correspondence
 2  school, or distance learning program that receives state
 3  funding pursuant to the student's participation.
 4         (g)  Not receiving regular and direct contact with his
 5  or her private school teachers at the school's physical
 6  location.
 7         (4)  TERM OF SCHOLARSHIP.--
 8         (a)  For purposes of continuity of educational choice,
 9  a Reading Compact Scholarship shall remain in force until the
10  student returns to a public school or graduates from high
11  school.
12         (b)  Upon reasonable notice to the Department of
13  Education and the school district, the student's parent may
14  remove the student from the private school and place the
15  student in a public school, as provided in subsection (5).
16         (c)  Upon reasonable notice to the Department of
17  Education, the student's parent may move the student from one
18  participating private school to another participating private
19  school.
20         (5)  SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.--
21         (a)1.  A school district shall notify the parent of
22  each eligible student of all options available under this
23  section and shall offer the parent an opportunity to enroll
24  the student in another public school within the district.
25         2.  The parent need not accept the offer of enrolling
26  the student in another public school in lieu of requesting a
27  Reading Compact Scholarship to a private school. However, if
28  the parent chooses the public-school option, the student may
29  continue attending a public school chosen by the parent until
30  the student graduates from high school.
31  
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 1         3.  If the parent chooses a public school consistent
 2  with the district school board's choice plan under s. 1002.31,
 3  the school district shall provide transportation to the public
 4  school selected by the parent. The parent is responsible for
 5  providing transportation to a public school that the parent
 6  has chosen if the choice is not consistent with the district
 7  school board's choice plan under s. 1002.31.
 8         (b)  If the parent chooses the private-school option
 9  and the student is accepted by the private school, pending the
10  availability of a space for the student, the parent of the
11  student must notify the department 60 days before the first
12  scholarship payment and before entering the private school in
13  order to be eligible for the scholarship when a space becomes
14  available for the student in the private school.
15         (c)  The parent of a student may choose, as an
16  alternative, to enroll the student in and transport the
17  student to a public school in an adjacent school district
18  which has available space, and that school district shall
19  accept the student and report the student for purposes of the
20  district's funding under the Florida Education Finance
21  Program.
22         (d)  For a student in the district who participates in
23  the Reading Compact Scholarships Program and whose parent
24  requests that the student take the statewide assessments under
25  s. 1008.22, the district shall provide locations and times to
26  take all statewide assessments.
27         (6)  DEPARTMENT OF EDUCATION; OBLIGATIONS.--The
28  Department of Education shall:
29         (a)  Establish a toll-free hotline that provides
30  parents and private schools with information on participation
31  in the Reading Compact Scholarships Program.
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 1         (b)  Establish a procedure by which individuals may
 2  notify the department of any violation by a parent, private
 3  school, or school district of state laws relating to program
 4  participation. The department shall refer or conduct an
 5  investigation of any written complaint of a violation of this
 6  section if the complaint is signed by the complainant and is
 7  legally sufficient. A complaint is legally sufficient if it
 8  contains ultimate facts that show that a violation of this
 9  section or of any rule adopted by the State Board of Education
10  has occurred. In order to determine legal sufficiency, the
11  Department of Education may require supporting information or
12  documentation from the complainant. The Department of
13  Education may investigate anonymous complaints.
14         (c)  Require an annual notarized sworn compliance
15  statement by participating private schools certifying
16  compliance with state laws and shall retain such records.
17         (d)  Cross-check the list of participating scholarship
18  students with the public school enrollment lists and other
19  education scholarship program lists before the first
20  scholarship payment to avoid duplication.
21         (7)  COMMISSIONER OF EDUCATION; AUTHORITY AND
22  OBLIGATIONS.--
23         (a)  The Commissioner of Education shall deny, suspend,
24  or revoke a private school's participation in the scholarship
25  program if it is determined that the private school has failed
26  to comply with this section. However, if the noncompliance is
27  correctable within a reasonable amount of time and if the
28  health, safety, and welfare of the students is not threatened,
29  the commissioner may issue a notice of noncompliance which
30  provides the private school with a timeframe within which to
31  provide evidence of compliance before the commissioner takes
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 1  action to suspend or revoke the private school's continued
 2  participation in the scholarship program.
 3         (b)  The commissioner's determination is subject to the
 4  following conditions:
 5         1.  If the commissioner intends to deny, suspend, or
 6  revoke a private school's participation in the scholarship
 7  program, the department shall notify the private school of
 8  such proposed action in writing by certified and regular mail
 9  to the private school's address of record with the Department
10  of Education. The notification must include the reasons for
11  the proposed action and notice of the timelines and procedures
12  set forth in this paragraph.
13         2.  A private school that is adversely affected by the
14  proposed action has 15 days after its receipt of the notice of
15  proposed action to file with the agency clerk of the
16  Department of Education a request for a proceeding under ss.
17  120.569 and 120.57. If the private school is entitled to a
18  hearing under s. 120.57(1), the department shall forward the
19  request to the Division of Administrative Hearings.
20         3.  Upon receipt of a request referred under this
21  subsection, the director of the Division of Administrative
22  Hearings shall expedite the hearing and assign an
23  administrative law judge who shall commence a hearing within
24  30 days after the receipt of the formal written protest by the
25  division and shall enter a recommended order within 30 days
26  after the hearing or within 30 days after receipt of the
27  hearing transcript, whichever is later. Each party has 10 days
28  in which to submit written exceptions to the recommended
29  order. The agency must enter a final order within 30 days
30  after the entry of a recommended order. The provisions of this
31  paragraph may be waived upon stipulation by all parties.
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 1         (c)  The commissioner shall immediately suspend payment
 2  if it is determined that there is probable cause to believe
 3  that there is:
 4         1.  An imminent threat to the health, safety, and
 5  welfare of the students; or
 6         2.  Fraudulent activity on the part of the private
 7  school.
 8  
 9  The commissioner's order suspending payment under this
10  paragraph is subject to the same procedures and timelines as
11  the notice of proposed action set forth in paragraph (b).
12         (8)  PRIVATE SCHOOLS; ELIGIBILITY AND OBLIGATIONS.--To
13  be eligible to participate in the Reading Compact Scholarships
14  Program, a private school may be sectarian or nonsectarian,
15  and must:
16         (a)  Comply with all requirements for private schools
17  participating in state school choice programs under s.
18  1002.421.
19         (b)  Provide to the department all documentation
20  required for the student's participation, including the
21  private school's and student's fee schedules, at least 30 days
22  before the first quarterly scholarship payment is made for the
23  student.
24         (c)  Be academically accountable to the parent for
25  meeting the educational needs of the student by:
26         1.  At a minimum, annually providing to the parent a
27  written explanation of the student's progress.
28         2.  Cooperating with the scholarship student whose
29  parent chooses to participate in the statewide assessments
30  under s. 1008.32.
31         3.  Demonstrating fiscal soundness and accountability.
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 1  
 2  The inability of a private school to meet the requirements of
 3  this subsection constitutes a basis for the ineligibility of
 4  the private school to participate in the scholarship program
 5  as determined by the department.
 6         (9)  OBLIGATIONS OF PARENTS AND STUDENTS.--A parent who
 7  applies for a Reading Compact Scholarship is exercising his or
 8  her parental option to place his or her child in a private
 9  school.
10         (a)  The parent must select the private school and
11  apply for the admission of his or her child.
12         (b)  The parent must have requested the scholarship at
13  least 60 days before the date of the first scholarship
14  payment.
15         (c)  Any student participating in the Reading Compact
16  Scholarships Program must remain in attendance throughout the
17  school year unless excused by the school for illness or other
18  good cause.
19         (d)  The parent of each student participating in the
20  Reading Compact Scholarships Program must comply fully with
21  the private school's requirements for parental involvement
22  unless excused by the school for illness or other good cause.
23         (e)  The parent shall ensure that the student
24  participating in the scholarship program takes the
25  norm-referenced assessment offered by the private school or
26  the statewide assessments required under s. 1008.22. The
27  parent may also choose to have the student participate in all
28  statewide assessments under s. 1008.22, and, if the parent
29  chooses such optional participation, he or she is responsible
30  for transporting the student to the assessment site designated
31  by the school district.
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 1         (f)  Upon receipt of a scholarship warrant, the parent
 2  to whom the warrant is made must restrictively endorse the
 3  warrant to the private school for deposit into the account of
 4  the private school. The parent may not designate any entity or
 5  individual associated with the participating private school as
 6  the parent's attorney in fact to sign a scholarship warrant. A
 7  participant who fails to comply with this paragraph forfeits
 8  the scholarship.
 9         (10)  FUNDING AND PAYMENT.--
10         (a)  The maximum amount of a Reading Compact
11  Scholarship granted to an eligible student shall be a
12  calculated amount equivalent to the base student allocation in
13  the Florida Education Finance Program multiplied by the
14  appropriate cost factor for the educational program that would
15  have been provided for the student in the district school to
16  which he or she was assigned, multiplied by the district cost
17  differential. In addition, the calculated amount shall include
18  the per-student share of instructional materials funds,
19  technology funds, and other categorical funds as provided for
20  this purpose in the General Appropriations Act.
21         (b)  The amount of the Reading Compact Scholarship
22  shall be the calculated amount or the amount of the private
23  school's tuition and fees, whichever is less. Eligible fees
24  include textbook fees, lab fees, and other fees related to
25  instruction, including transportation fees.
26         (c)  The school district shall report all students who
27  are attending a private school under this program. Students
28  who attend private schools on Reading Compact Scholarships
29  shall be reported separately from those students reported for
30  purposes of the Florida Education Finance Program.
31  
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 1         (d)  A public or private school that provides services
 2  to students with disabilities shall receive the weighted
 3  funding for such services at the appropriate funding level
 4  consistent with s. 1011.62(1)(e).
 5         (e)  For purposes of calculating the amount of a
 6  Reading Compact Scholarship, a student is eligible for the
 7  amount of the appropriate basic cost factor if:
 8         1.  The student currently participates in a Group I
 9  program funded at the basic cost factor and is not
10  subsequently identified as having a disability; or
11         2.  The student currently participates in a Group II
12  program, and the parent has chosen a private school that does
13  not provide the additional services funded by the Group II
14  program.
15         (f)  Following notification on July 1, September 1,
16  December 1, or February 1 of the number of program
17  participants, the Department of Education shall transfer, from
18  general revenue funds only, the calculated amount from the
19  Florida Education Finance Program and authorized categorical
20  accounts to a separate account for the Reading Compact
21  Scholarships Program for quarterly disbursement to the parents
22  of participating students. When a student enters the
23  scholarship program, the Department of Education must receive
24  all documentation required for the student's participation,
25  including the private school's and student's fee schedules, at
26  least 30 days before the first quarterly scholarship payment
27  is made for the student.
28         (g)  The Chief Financial Officer shall make Reading
29  Compact Scholarship payments in four equal amounts no later
30  than September 1, November 1, February 1, and April 1 of each
31  academic year in which the Reading Compact Scholarship is in
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 1  force. The initial payment shall be made after the Department
 2  of Education's verification of admission acceptance, and
 3  subsequent payments shall be made upon verification of
 4  continued enrollment and attendance at the private school.
 5  Payment must be by individual warrant made payable to the
 6  student's parent and mailed by the Department of Education to
 7  the private school of the parent's choice, and the parent
 8  shall restrictively endorse the warrant to the private school.
 9         (h)  Subsequent to each scholarship payment, the
10  Department of Financial Services shall randomly review
11  endorsed warrants to confirm compliance with endorsement
12  requirements. The Department of Financial Services shall
13  immediately report inconsistencies or irregularities to the
14  Department of Education.
15         (11)  LIABILITY.--Liability on the part of the state
16  may not arise on the basis of the award or use of a Reading
17  Compact Scholarship.
18         (12)  RULES.--The State Board of Education shall adopt
19  rules under ss. 120.536(1) and 120.54 to administer this
20  section. The rules must include penalties for noncompliance
21  with subsection (8) or subsection (9). However, the inclusion
22  of eligible private schools in the options available to public
23  school students in this state does not expand the regulatory
24  authority of the state, its officers, or any school district
25  to impose any additional regulations upon private schools
26  beyond those that are reasonably necessary to enforce
27  requirements expressly set forth in this section.
28         Section 5.  Section 1002.421, Florida Statutes, is
29  created to read:
30         1002.421  Rights and obligations of private schools
31  participating in state school choice scholarship
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 1  programs.--The requirements imposed under this section on
 2  private schools that participate in state school choice
 3  scholarship programs are in addition to the requirements for
 4  private schools which are outlined in s. 1002.42, specific
 5  requirements under laws relating to various scholarship
 6  programs, and other laws of this state which apply to private
 7  schools.
 8         (1)  A private school in this state which participates
 9  in the Corporate Tax Credit Scholarship Program, as defined in
10  s. 220.187, or in an educational scholarship program
11  established under chapter 1002 must comply with all
12  requirements of this section.
13         (2)  A private school participating in a scholarship
14  program in this state:
15         (a)  Must be a Florida private school as defined in s.
16  1002.01(b).
17         (b)  Must comply with all state laws pertaining to
18  private schools.
19         (c)  Must be a registered Florida private school in
20  accordance with s. 1002.42.
21         (d)  Must maintain a physical location in this state
22  where each scholarship student regularly attends classes.
23         (e)  May not be a correspondence school or distance
24  learning school.
25         (f)  May not direct or provide scholarship funds to a
26  parent of a scholarship student who receives instruction under
27  the program at home.
28         (g)  May not be a home education program as defined in
29  s. 1002.01(1).
30         (h)  May not be a private tutoring program as described
31  in s. 1002.43.
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 1         (i)  Must comply with the anti-discrimination
 2  provisions of 42 U.S.C. s. 2000d.
 3         (j)  Must notify the department of its intent to
 4  participate in a scholarship program.
 5         (k)  Must notify the department of any change in the
 6  school's name, school director, mailing address, or physical
 7  location within 15 days after the change occurs.
 8         (l)  Must complete student-enrollment and
 9  attendance-verification requirements, including an on-line
10  attendance-verification form, before a scholarship payment is
11  made.
12         (m)  Must annually complete and submit to the
13  department a notarized scholarship compliance statement
14  certifying compliance with state laws relating to the
15  participation of private schools in the scholarship program.
16         (n)  Must demonstrate fiscal soundness and
17  accountability by:
18         1.  Having been in operation for at least 3 school
19  years or obtaining a surety bond or letter of credit for the
20  amount equal to the scholarship funds for any quarter and
21  filing the surety bond or letter of credit with the
22  department.
23         2.  Requiring the parent of each scholarship student to
24  personally restrictively endorse the scholarship warrant to
25  the school. The school may not act as the attorney in fact for
26  parents of a scholarship student under the authority of a
27  power of attorney executed by the parents, or under any other
28  authority, to endorse scholarship warrants on behalf of
29  parents.
30  
31  
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 1         (o)  Must meet applicable state and local laws, codes,
 2  and rules relating to health, safety, and welfare, including
 3  those relating to firesafety and building safety.
 4         (p)  Must employ or contract with teachers who hold
 5  baccalaureate or higher degrees, have at least 3 years of
 6  teaching experience in public or private schools, or have at
 7  least a high school diploma and special skills, knowledge, or
 8  expertise that qualifies them to provide instruction in the
 9  subjects that are being taught.
10         (q)  Annually administer or make provisions for
11  scholarship students to take one of the nationally
12  norm-referenced tests identified by the State Board of
13  Education under s. 1002.423. Students with disabilities for
14  whom standardized testing is not appropriate are exempt from
15  this requirement. However, a private school must require each
16  student with a disability, for whom standardized testing is
17  not appropriate, to participate at least annually in a student
18  assessment which, as determined by the private school in
19  consultation with the student's parent, will demonstrate the
20  student's skill level to the student's parent. A private
21  school must report a student's scores to the parent and to the
22  independent private research organization selected by the
23  Department of Education under s. 1002.423.
24         (r)  Must ensure that each individual who has
25  unsupervised access to a scholarship student for whom the
26  private school is responsible, prior to employment, engagement
27  of services, or appointment, undergo background screening
28  under s. 435.04 by filing with the Department of Education a
29  complete set of fingerprints taken by an authorized law
30  enforcement agency or an employee of the private school who is
31  trained to take fingerprints. However, the complete set of
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 1  fingerprints for an owner of an eligible private school must
 2  be taken by an authorized law enforcement agency. These
 3  fingerprints must be submitted to the Department of Law
 4  Enforcement for state processing, which shall in turn submit
 5  the fingerprints to the Federal Bureau of Investigation for
 6  federal processing. The Department of Education shall screen
 7  the background results and report to the private school any
 8  person described in this paragraph who fails to meet level 2
 9  screening standards under s. 435.04. Any individual described
10  in this paragraph who fails the level 2 background screening
11  under s. 435.04 may not have unsupervised access to a
12  scholarship student. For purposes of this paragraph:
13         1.  The cost of the fingerprinting and the background
14  check shall not be borne by the state.
15         2.  A private school that allows an individual to have
16  unsupervised access to a scholarship student who failed the
17  level 2 background screening under s. 435.04 is ineligible to
18  participate in the scholarship program.
19         3.  An individual holding a valid teaching certificate
20  in this state who has been fingerprinted pursuant to s.
21  1012.32 need not comply with this paragraph.
22         (3)  The inability of a private school to meet the
23  requirements of this section constitutes a basis for the
24  ineligibility of the private school to participate in a
25  scholarship program as determined by the department.
26         (4)(a)  The State Board of Education shall adopt rules
27  under ss. 120.536(1) and 120.54 to administer this section.
28         (b)  The inclusion of eligible private schools in the
29  options available to public school students in this state does
30  not expand the regulatory authority of the state, its
31  officers, or any school district to impose any additional
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 1  regulations upon private schools beyond those reasonably
 2  necessary to enforce requirements expressly set forth in this
 3  section.
 4         Section 6.  Section 1002.423, Florida Statutes, is
 5  created to read:
 6         1002.423  Department of Education; obligations for
 7  state school choice scholarship programs.--The requirements
 8  imposed under this section apply to all state choice
 9  scholarship programs, including the Corporate Tax Credit
10  Scholarship Program, as defined in s. 220.187, or an
11  educational scholarship program established under this
12  chapter.
13         (a)  The Department of Education must identify all
14  nationally norm-referenced tests that are comparable to the
15  norm-referenced test portions of the Florida Comprehensive
16  Assessment Test (FCAT).
17         (b)  The Department of Education must select an
18  independent private research organization to which each
19  participating private school must report the scores of
20  participating students on the nationally norm-referenced tests
21  administered by the private school. The independent private
22  research organization must annually report to the Department
23  of Education on the year-to-year improvements of the
24  participating students. The independent private research
25  organization must analyze and report student performance data
26  in a manner that protects the rights of students and parents
27  as mandated in the Family Educational Rights and Privacy Act
28  requirements of 20 U.S.C. s. 1232g and must not disaggregate
29  data to a level that will disclose the academic level of
30  students. To the maximum extent possible, the independent
31  private research organization must accumulate historical
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 1  performance data for students from the Department of Education
 2  and private schools to describe baseline performance and to
 3  conduct longitudinal studies. To minimize costs and reduce the
 4  time required for third-party analysis and evaluation, the
 5  Department of Education shall conduct analyses of matched
 6  students from public school assessment data and calculate
 7  control group learning gains using an agreed-upon methodology
 8  outlined in the contract with the third-party evaluator. The
 9  sharing of student data must be in accordance with the Family
10  Educational Rights and Privacy Act requirements of 20 U.S.C.
11  s. 1232g and must be for the sole purpose of conducting the
12  evaluation. All parties must preserve the confidentiality of
13  such information as otherwise required under state and federal
14  law.
15         Section 7.  Section 1003.035, Florida Statutes, is
16  created to read:
17         1003.035  Class size requirements.--
18         (1)  Effective upon the passage of an amendment to s.
19  1, Art. IX of the State Constitution to create district
20  average maximum class sizes, beginning in the 2007-2008 school
21  year:
22         (a)  The district average number of students assigned
23  to each teacher who is teaching core-curricula courses in
24  public school classrooms for prekindergarten through grade 3
25  may not exceed 18 students.
26         (b)  The district average number of students assigned
27  to each teacher who is teaching core-curricula courses in
28  public school classrooms for grades 4 through 8 may not exceed
29  22 students.
30         (c)  The district average number of students assigned
31  to each teacher who is teaching core-curricula courses in
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 1  public school classrooms for grades 9 through 12 may not
 2  exceed 25 students.
 3         (2)  The Department of Education shall annually
 4  calculate each of the three average class size measures based
 5  upon the October student membership survey.
 6         Section 8.  Subsection (3) of section 1003.05, Florida
 7  Statutes, is amended to read:
 8         1003.05  Assistance to transitioning students from
 9  military families.--
10         (3)  Dependent children of active duty military
11  personnel who otherwise meet the eligibility criteria for
12  special academic programs offered through public schools shall
13  be given first preference for admission to such programs even
14  if the program is being offered through a public school other
15  than the school to which the student would generally be
16  assigned and the school at which the program is being offered
17  has reached its maximum enrollment. If such a program is
18  offered through a public school other than the school to which
19  the student would generally be assigned, the parent or
20  guardian of the student must assume responsibility for
21  transporting the student to that school. For purposes of this
22  subsection, special academic programs include charter schools,
23  magnet schools, advanced studies programs, advanced placement,
24  dual enrollment, and International Baccalaureate.
25         Section 9.  Section 1003.413, Florida Statutes, is
26  created to read:
27         1003.413  High school reform.--
28         (1)  This section may be cited as the "High School
29  Reform Act."
30         (2)  Beginning with the 2005-2006 school year, each
31  school district shall establish policies to assist high school
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 1  students to remain in school, graduate on time, and be
 2  prepared for postsecondary education and the workforce. The
 3  policies must address:
 4         (a)  Intensive reading remediation for students in
 5  grades 9 through 12 scoring below Level 3 on FCAT Reading.
 6         (b)  Credit recovery options and course scheduling
 7  designed to allow high school students to earn credit for
 8  failed courses so that they are able to graduate on time.
 9         (c)  Immediate and frequent notification to parents of
10  students who are in danger of not graduating from high school.
11         (d)  Placement in alternative programs, such as
12  programs that emphasize applied integrated curricula, small
13  learning communities, support services, increased discipline,
14  or other strategies documented to improve student achievement.
15         (e)  Summer reading institutes for rising ninth graders
16  scoring below Level 3 on FCAT Reading.
17  
18  A student's participation in an instructional or remediation
19  program prior to or immediately following entering grade 9 for
20  the first time shall not affect that student's classification
21  as a first-time ninth grader for reporting purposes, including
22  calculation of graduation and dropout rates.
23         Section 10.  High School Reform Task Force.--
24         (1)  There is created the High School Reform Task
25  Force.  The task force shall work in conjunction with the
26  Southern Regional Education Board and shall be
27  administratively supported by the office of the Chancellor for
28  K-12 Public Schools in the Department of Education and the
29  Just Read, Florida! Office. Appointments to the task force
30  shall be coordinated to ensure that the membership reflects
31  the geographic and cultural diversity of Florida's school age
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 1  population. The task force shall be abolished upon submission
 2  of its report.
 3         (2)(a)  The Commissioner of Education shall appoint
 4  members of the task force from the following categories and
 5  shall appoint the chair of the task force from its membership.
 6         1.  Two district school superintendents, one who is
 7  from a large urban school district and one who is from a
 8  small, rural school district.
 9         2.  One school board member who is from a medium size
10  school district.
11         3.  Three public school principals, one from a large
12  high performing high school, one from a vocational technical
13  high school, and one from a lower performing high school.
14         4.  Three public high school teachers, one who is an
15  experienced reading teacher, one who is from a school graded
16  "F," and one who is from a high performing school.
17         5.  Three parents of public high school students who
18  represent the demographic, racial, and ethnic diversity of the
19  state.
20         6.  Three public high school students who represent the
21  demographic, racial and ethnic diversity of the state.
22         7.  One representative of the business community.
23         8.  One administrator from a charter high school
24  serving students who are at risk of dropping out of school.
25         9.  One expert on the subject of high school reform who
26  does not otherwise fall inside one of the enumerated
27  categories.
28         (b)  The President of the Senate shall appoint one
29  member of the Senate to serve on the task force and the
30  Speaker of the House of Representatives shall appoint one
31  
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 1  member of the House of Representatives to serve on the task
 2  force.
 3         (3)  Not later than January 1, 2006, the task force
 4  shall vote on the final report incorporating recommendations
 5  and a long-term plan for high school reform.
 6         (4)  Not later than February 1, 2006, the task force
 7  shall recommend to the Governor, the President of the Senate,
 8  and the Speaker of the House of Representatives a long-term
 9  plan for revisions to statutes, rules, and policies that will
10  improve Florida's grade 9 retention rate, graduation rate,
11  dropout rate, and college remediation rate, and align high
12  school requirements with the needs of Florida's employers and
13  postsecondary educational institution requirements. The plan
14  must address, but is not limited to addressing:  graduation
15  requirements; course redesign; remediation strategies; credit
16  recovery; use of alternative programs including programs
17  emphasizing applied integrated curricula, small learning
18  communities, support services, or increased discipline; the
19  use of technology; adjustments to the school grading system to
20  reflect learning gains by high school students; middle school
21  systemic alignment; transition from middle school to high
22  school; alignment with postsecondary and workforce education
23  requirements; and alignment with employer expectations.
24         Section 11.  Subsection (6) of section 1003.415,
25  Florida Statutes, is repealed, and subsection (2), paragraph
26  (a) of subsection (5), and paragraph (a) of present subsection
27  (7) of that section are amended, to read:
28         1003.415  The Middle Grades Reform Act.--
29         (2)  PURPOSE AND INTENT.--
30         (a)  The purpose of this section is to provide added
31  focus and rigor to academics in the middle grades. Using
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 1  reading as the foundation, all middle grade students should
 2  receive rigorous academic instruction through challenging
 3  curricula delivered by highly qualified teachers in schools
 4  with outstanding leadership, which schools are supported by
 5  engaged and informed parents.
 6         (b)  It is the intent of the Legislature that students
 7  promoted from the eighth grade will be ready for success in
 8  high school and that the mission of the middle grades is to
 9  prepare students for the successful completion of rigorous
10  courses in high school.
11         (5)  RIGOROUS READING REQUIREMENT.--
12         (a)  Beginning with the 2004-2005 school year, Each
13  public school serving middle grade students, including charter
14  schools, with fewer than 75 percent of its students reading at
15  or above grade level in grade 6, grade 7, or grade 8 as
16  measured by a student scoring at Level 3 or above on the FCAT
17  during the prior school year, must incorporate by October 1 a
18  rigorous reading requirement for reading and language arts
19  programs as the primary component of its school improvement
20  plan. The department shall annually provide to each district
21  school board by June 30 a list of its schools that are
22  required to incorporate a rigorous reading requirement as the
23  primary component of the school's improvement plan. The
24  department shall provide technical assistance to school
25  districts and school administrators required to implement the
26  rigorous reading requirement.
27         (6)  COMPREHENSIVE REFORM STUDY ON THE ACADEMIC
28  PERFORMANCE OF STUDENTS AND SCHOOLS.--
29         (a)  The department shall conduct a study on how the
30  overall academic performance of middle grade students and
31  schools can be improved. The department must consult with the
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 1  Florida Center for Reading Research at Florida State
 2  University, the Just Read, Florida! Office, and key education
 3  stakeholders, including district school board members,
 4  district school superintendents, principals, parents,
 5  teachers, district supervisors of curriculum, and students
 6  across the state, in the development of its findings and
 7  recommendations. The department shall review, at a minimum,
 8  each of the following elements:
 9         1.  Academic expectations, which include, but are not
10  limited to:
11         a.  Alignment of middle school expectations with
12  elementary and high school graduation requirements.
13         b.  Best practices to improve reading and language arts
14  courses based on research-based programs for middle school
15  students in alignment with the Sunshine State Standards.
16         c.  Strategies that focus on improving academic success
17  for low-performing students.
18         d.  Rigor of curricula and courses.
19         e.  Instructional materials.
20         f.  Course enrollment by middle school students.
21         g.  Student support services.
22         h.  Measurement and reporting of student achievement.
23         2.  Attendance policies and student mobility issues.
24         3.  Teacher quality, which includes, but is not limited
25  to:
26         a.  Preparedness of teachers to teach rigorous courses
27  to middle school students.
28         b.  Teacher evaluations.
29         c.  Substitute teachers.
30         d.  Certification and recertification requirements.
31         e.  Staff development requirements.
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 1         f.  Availability of effective staff development
 2  training.
 3         g.  Teacher recruitment and vacancy issues.
 4         h.  Federal requirements for highly qualified teachers
 5  pursuant to the No Child Left Behind Act of 2001.
 6         4.  Identification and availability of diagnostic
 7  testing.
 8         5.  Availability of personnel and scheduling issues.
 9         6.  Middle school leadership and performance.
10         7.  Parental and community involvement.
11         (b)  By December 1, 2004, the Commissioner of Education
12  shall submit to the President of the Senate, the Speaker of
13  the House of Representatives, the chairs of the education
14  committees in the Senate and the House of Representatives, and
15  the State Board of Education recommendations to increase the
16  academic performance of middle grade students and schools.
17         (6)(7)  PERSONALIZED MIDDLE SCHOOL SUCCESS PLAN.--
18         (a)  Beginning with the 2004-2005 school year, Each
19  principal of a school with a middle grade shall designate
20  certified staff members at the school to develop and
21  administer a personalized middle school success plan for each
22  entering sixth grade student who scored below Level 3 in
23  reading on the most recently administered FCAT. The purpose of
24  the success plan is to assist the student in meeting state and
25  school district expectations in academic proficiency and to
26  prepare the student for a rigorous high school curriculum. The
27  success plan shall be developed in collaboration with the
28  student and his or her parent and must be implemented until
29  the student completes the eighth grade or achieves a score at
30  Level 3 or above in reading on the FCAT, whichever occurs
31  first. The success plan must minimize paperwork and may be
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 1  incorporated into a parent/teacher conference, included as
 2  part of a progress report or report card, included as part of
 3  a general orientation at the beginning of the school year, or
 4  provided by electronic mail or other written correspondence.
 5         Section 12.  Section 1003.4155, Florida Statutes, is
 6  created to read:
 7         1003.4155  Middle school grading system.--The grading
 8  system and interpretation of letter grades used in grades 6
 9  through 8 shall be as follows:
10         (1)  Grade "A" equals 90 percent through 100 percent,
11  has a grade point average value of 4, and is defined as
12  "outstanding progress."
13         (2)  Grade "B" equals 80 percent through 89 percent,
14  has a grade point average value of 3, and is defined as "above
15  average progress."
16         (3)  Grade "C" equals 70 percent through 79 percent,
17  has a grade point average value of 2, and is defined as
18  "average progress."
19         (4)  Grade "D" equals 60 percent through 69 percent,
20  has a grade point average value of 1, and is defined as
21  "lowest acceptable progress."
22         (5)  Grade "F" equals zero percent through 59 percent,
23  has a grade point average value of zero, and is defined as
24  "failure."
25         (6)  Grade "I" equals zero percent, has a grade point
26  average value of zero, and is defined as "incomplete."
27         Section 13.  Section 1003.4156, Florida Statutes, is
28  created to read:
29         1003.4156  General requirements for middle school
30  promotion.--
31  
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 1         (1)  Beginning with students entering grade 6 in the
 2  2005-2006 school year, promotion from a middle school, grades
 3  6 through 8, requires the successful completion of 12 academic
 4  credits, including:
 5         (a)  Three middle school or higher credits in
 6  English/language arts.
 7         (b)  Three middle school or higher credits in
 8  mathematics.
 9         (c)  Three middle school or higher credits in social
10  studies.
11         (d)  Three middle school or higher credits in science.
12  
13  Other courses offered in middle school, including music, band,
14  physical education, and art, shall be considered electives.
15         (2)  In addition to the credits required under
16  subsection (1), for each year a student scores at Level 1 or 2
17  on the reading portion of the FCAT, the student must be
18  enrolled the following year in a full-year intensive reading
19  course for which the student may earn up to three credits. The
20  intensive reading course must be based on frameworks developed
21  by the Florida Center for Reading Research, or a comparable
22  course as identified by the Department of Education, which
23  includes an emphasis on integration of core curriculum
24  standards and incorporation of informational and expository
25  text.
26         (3)  In addition to the credits required under
27  subsection (1), for each year a student scores at Level 3 on
28  the reading portion of the FCAT, the student must be enrolled
29  the following year in a one-semester intensive reading course.
30  The reading course must be based on frameworks developed by
31  the Florida Center for Reading Research, or a comparable
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 1  course as identified by the Department of Education, which
 2  includes an emphasis on integration of core curriculum
 3  standards and incorporation of informational and expository
 4  text.
 5         (4)  One full credit must entail completing a minimum
 6  of 135 hours of instruction in a designated course of study
 7  which contains standards for student performance.  For schools
 8  authorized by the district school board to implement block
 9  scheduling, one full credit must entail completing a minimum
10  of 120 hours of instruction in a designated course of study
11  which contains standards for student performance.
12         (5)  District school boards shall establish policies to
13  allow alternative methods for students to earn the credits
14  required by this section. The alternative methods must
15  include, but are not limited to, opportunities for students
16  to:
17         (a)  Recover credits;
18         (b)  Be promoted on time to high school; and
19         (c)  Be placed in programs that emphasize applied
20  integrated curricula, small learning communities, support
21  services, increased discipline, or other strategies documented
22  to improve student achievement.
23  
24  The district's policy, or amendments to the policy, shall be
25  submitted to the State Board of Education for approval. If the
26  State Board of Education does not take action within 60 days
27  following receipt of the proposed policy, the policy shall
28  stand approved.
29         (6)  The State Board of Education shall adopt rules
30  under ss. 120.536(1) and 120.54 to provide for alternative
31  middle school promotion standards for students in grade 6,
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 1  grade 7, or grade 8 who are not enrolled in a school that has
 2  a grade 6 through grade 8 middle school configuration.
 3         Section 14.  Section 1003.42, Florida Statutes, is
 4  amended to read:
 5         1003.42  Required instruction.--
 6         (1)  Each district school board shall provide all
 7  courses required for high school graduation and appropriate
 8  instruction designed to ensure that students meet State Board
 9  of Education adopted standards in the following subject areas:
10  reading and other language arts, mathematics, science, social
11  studies, foreign languages, health and physical education, and
12  the arts.
13         (2)  Members of the instructional staff of the public
14  schools, subject to the rules of the State Board of Education
15  and the district school board, shall teach efficiently and
16  faithfully, using the books and materials required that meet
17  the highest standards for professionalism and historic
18  accuracy, following the prescribed courses of study, and
19  employing approved methods of instruction, the following:
20         (a)  The history and content of the Declaration of
21  Independence, including national sovereignty, natural law,
22  self-evident truth, equality of all persons, limited
23  government, popular sovereignty, and inalienable rights of
24  life, liberty, and property, and how they form it forms the
25  philosophical foundation of our government.
26         (b)  The history, meaning, significance, and effect of
27  the provisions of the Constitution of the United States and
28  amendments thereto, with emphasis on each of the 10 amendments
29  that make up the Bill of Rights and how the constitution
30  provides the structure of our government.
31  
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 1         (c)(b)  The arguments in support of adopting our
 2  republican form of government, as they are embodied in the
 3  most important of the Federalist Papers.
 4         (c)  The essentials of the United States Constitution
 5  and how it provides the structure of our government.
 6         (d)  Flag education, including proper flag display and
 7  flag salute.
 8         (e)  The elements of civil government, including the
 9  primary functions of and interrelationships between the
10  Federal Government, the state, and its counties,
11  municipalities, school districts, and special districts.
12         (f)  The history of the United States, including the
13  period of discovery, early colonies, the War for Independence,
14  the Civil War, the expansion of the United States to its
15  present boundaries, the world wars, and the civil rights
16  movement to the present. American history shall be viewed as
17  factual, not as constructed, shall be viewed as knowable,
18  teachable, and testable, and shall be defined as the creation
19  of a new nation based largely on the universal principles
20  stated in the Declaration of Independence.
21         (g)(f)  The history of the Holocaust (1933-1945), the
22  systematic, planned annihilation of European Jews and other
23  groups by Nazi Germany, a watershed event in the history of
24  humanity, to be taught in a manner that leads to an
25  investigation of human behavior, an understanding of the
26  ramifications of prejudice, racism, and stereotyping, and an
27  examination of what it means to be a responsible and
28  respectful person, for the purposes of encouraging tolerance
29  of diversity in a pluralistic society and for nurturing and
30  protecting democratic values and institutions.
31  
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 1         (h)(g)  The history of African Americans, including the
 2  history of African peoples before the political conflicts that
 3  led to the development of slavery, the passage to America, the
 4  enslavement experience, abolition, and the contributions of
 5  African Americans to society.
 6         (i)(h)  The elementary principles of agriculture.
 7         (j)(i)  The true effects of all alcoholic and
 8  intoxicating liquors and beverages and narcotics upon the
 9  human body and mind.
10         (k)(j)  Kindness to animals.
11         (l)(k)  The history of the state.
12         (m)(l)  The conservation of natural resources.
13         (n)(m)  Comprehensive health education that addresses
14  concepts of community health; consumer health; environmental
15  health; family life, including an awareness of the benefits of
16  sexual abstinence as the expected standard and the
17  consequences of teenage pregnancy; mental and emotional
18  health; injury prevention and safety; nutrition; personal
19  health; prevention and control of disease; and substance use
20  and abuse.
21         (o)(n)  Such additional materials, subjects, courses,
22  or fields in such grades as are prescribed by law or by rules
23  of the State Board of Education and the district school board
24  in fulfilling the requirements of law.
25         (p)(o)  The study of Hispanic contributions to the
26  United States.
27         (q)(p)  The study of women's contributions to the
28  United States.
29         (r)  The nature and importance of free enterprise to
30  the United States economy.
31  
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 1         (s)(q)  A character-development program in the
 2  elementary schools, similar to Character First or Character
 3  Counts, which is secular in nature and stresses such character
 4  qualities as attentiveness, patience, and initiative.
 5  Beginning in school year 2004-2005, the character-development
 6  program shall be required in kindergarten through grade 12.
 7  Each district school board shall develop or adopt a curriculum
 8  for the character-development program that shall be submitted
 9  to the department for approval. The character-development
10  curriculum shall stress the qualities of patriotism;,
11  responsibility;, citizenship;, kindness;, respect for
12  authority, life, liberty, and personal property;, honesty;
13  charity;, self-control;, racial, ethnic, and religious
14  tolerance;, and cooperation.
15         (t)(r)  In order to encourage patriotism, the
16  sacrifices that veterans have made in serving our country and
17  protecting democratic values worldwide. Such instruction must
18  occur on or before Veterans' Day and Memorial Day. Members of
19  the instructional staff are encouraged to use the assistance
20  of local veterans when practicable.
21  
22  The State Board of Education is encouraged to adopt standards
23  and pursue assessment of the requirements of this subsection.
24         (3)  Any student whose parent makes written request to
25  the school principal shall be exempted from the teaching of
26  reproductive health or any disease, including HIV/AIDS, its
27  symptoms, development, and treatment. A student so exempted
28  may not be penalized by reason of that exemption. Course
29  descriptions for comprehensive health education shall not
30  interfere with the local determination of appropriate
31  curriculum which reflects local values and concerns.
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 1         Section 15.  Effective for all students entering the
 2  ninth grade in the 2005-2006 school year and thereafter, and
 3  effective for all students beginning in the 2008-2009 school
 4  year, section 1003.429, Florida Statutes, is repealed.
 5         Section 16.  Effective for all students entering the
 6  ninth grade in the 2005-2006 school year and thereafter, and
 7  effective for all students beginning in the 2008-2009 school
 8  year, paragraph (a) of subsection (1) of section 1003.431,
 9  Florida Statutes, is amended to read:
10         1003.431  Career education certification.--
11         (1)  A student who fulfills the following requirements
12  shall be recognized with a career education certification on
13  his or her high school diploma:
14         (a)  Completion of the requirements for high school
15  graduation as provided in s. 1003.429 or s. 1003.43 and the
16  additional requirements for a comprehensive career education
17  program of study as provided in subsection (2).
18         Section 17.  Effective for all students entering the
19  ninth grade in the 2005-2006 school year and thereafter, and
20  effective for all students beginning in the 2008-2009 school
21  year, paragraph (a) of subsection (1) of section 1007.261,
22  Florida Statutes, is amended to read:
23         1007.261  State universities; admissions of
24  students.--Each university board of trustees is authorized to
25  adopt rules governing the admission of students, subject to
26  this section and rules of the State Board of Education.
27         (1)  Minimum academic standards for undergraduate
28  admission to a university include:
29         (a)  Each student must have received a high school
30  diploma pursuant to s. 1003.429 or s. 1003.43, or its
31  
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 1  equivalent, except as provided in s. 1007.271(2)-(5) or
 2  completed a home education program according to s. 1002.41.
 3         Section 18.  Effective for all students entering the
 4  ninth grade in the 2005-2006 school year and thereafter, and
 5  effective for all students beginning in the 2008-2009 school
 6  year, paragraph (a) of subsection (9) of section 1008.22,
 7  Florida Statutes, is amended to read:
 8         1008.22  Student assessment program for public
 9  schools.--
10         (9)  EQUIVALENCIES FOR STANDARDIZED TESTS.--
11         (a)  The Commissioner of Education shall approve the
12  use of the SAT and ACT tests as alternative assessments to the
13  grade 10 FCAT for the 2003-2004 school year. Students who
14  attain scores on the SAT or ACT which equate to the passing
15  scores on the grade 10 FCAT for purposes of high school
16  graduation shall satisfy the assessment requirement for a
17  standard high school diploma as provided in s. 1003.429(6)(a)
18  or s. 1003.43(5)(a) for the 2003-2004 school year if the
19  students meet the requirement in paragraph (b).
20         Section 19.  Effective for all students entering the
21  ninth grade in the 2005-2006 school year and thereafter, and
22  effective for all students beginning in the 2008-2009 school
23  year, paragraph (b) of subsection (1) of section 1009.531,
24  Florida Statutes, is amended to read:
25         1009.531  Florida Bright Futures Scholarship Program;
26  student eligibility requirements for initial awards.--
27         (1)  To be eligible for an initial award from any of
28  the three types of scholarships under the Florida Bright
29  Futures Scholarship Program, a student must:
30  
31  
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 1         (b)  Earn a standard Florida high school diploma or its
 2  equivalent as described in s. 1003.429, s. 1003.43, or s.
 3  1003.435 unless:
 4         1.  The student is enrolled full time in the early
 5  admission program of an eligible postsecondary education
 6  institution or completes a home education program according to
 7  s. 1002.41; or
 8         2.  The student earns a high school diploma from a
 9  non-Florida school while living with a parent or guardian who
10  is on military or public service assignment away from Florida.
11         Section 20.  Subsection (15) of section 1003.52,
12  Florida Statutes, is amended to read:
13         1003.52  Educational services in Department of Juvenile
14  Justice programs.--
15         (15)(a)  The Department of Education shall, for
16  students in juvenile justice education programs, develop
17  procedures to accurately report student academic performance
18  data and the assessment participation rates that are used to
19  determine adequate yearly progress under Pub. L. No. 107-110.
20  The procedures must include an opportunity for validation of
21  the data by schools that provide educational services to
22  students in programs of the Department of Juvenile Justice.
23         (b)  The Department of Education in consultation with
24  the Department of Juvenile Justice, district school boards,
25  and providers shall establish objective and measurable quality
26  assurance standards for the educational component of
27  residential and nonresidential juvenile justice facilities.
28  These standards shall rate the district school board's
29  performance both as a provider and contractor. The quality
30  assurance rating for the educational component shall be
31  
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 1  disaggregated from the overall quality assurance score and
 2  reported separately.
 3         (c)(b)  The Department of Education shall develop a
 4  comprehensive quality assurance review process and schedule
 5  for the evaluation of the educational component in juvenile
 6  justice programs. The Department of Juvenile Justice quality
 7  assurance site visit and the education quality assurance site
 8  visit shall be conducted during the same visit.
 9         (d)(c)  The Department of Education, in consultation
10  with district school boards and providers, shall establish
11  minimum thresholds for the standards and key indicators for
12  educational programs in juvenile justice facilities. If a
13  district school board fails to meet the established minimum
14  standards, it will be given 6 months to achieve compliance
15  with the standards. If after 6 months, the district school
16  board's performance is still below minimum standards, the
17  Department of Education shall exercise sanctions as prescribed
18  by rules adopted by the State Board of Education. If a
19  provider, under contract with the district school board, fails
20  to meet minimum standards, such failure shall cause the
21  district school board to cancel the provider's contract unless
22  the provider achieves compliance within 6 months or unless
23  there are documented extenuating circumstances.
24         Section 21.  Section 1003.57, Florida Statutes, is
25  amended to read:
26         1003.57  Exceptional students instruction.--
27         (1)  Each district school board shall provide for an
28  appropriate program of special instruction, facilities, and
29  services for exceptional students as prescribed by the State
30  Board of Education as acceptable, including provisions that:
31  
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 1         (a)(1)  The district school board provide the necessary
 2  professional services for diagnosis and evaluation of
 3  exceptional students.
 4         (b)(2)  The district school board provide the special
 5  instruction, classes, and services, either within the district
 6  school system, in cooperation with other district school
 7  systems, or through contractual arrangements with approved
 8  private schools or community facilities that meet standards
 9  established by the commissioner.
10         (c)(3)  The district school board annually provide
11  information describing the Florida School for the Deaf and the
12  Blind and all other programs and methods of instruction
13  available to the parent of a sensory-impaired student.
14         (d)(4)  The district school board, once every 3 years,
15  submit to the department its proposed procedures for the
16  provision of special instruction and services for exceptional
17  students.
18         (e)(5)  A No student may not be given special
19  instruction or services as an exceptional student until after
20  he or she has been properly evaluated, classified, and placed
21  in the manner prescribed by rules of the State Board of
22  Education. The parent of an exceptional student evaluated and
23  placed or denied placement in a program of special education
24  shall be notified of each such evaluation and placement or
25  denial. Such notice shall contain a statement informing the
26  parent that he or she is entitled to a due process hearing on
27  the identification, evaluation, and placement, or lack
28  thereof. Such hearings shall be exempt from the provisions of
29  ss. 120.569, 120.57, and 286.011, except to the extent that
30  the State Board of Education adopts rules establishing other
31  procedures and any records created as a result of such
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 1  hearings shall be confidential and exempt from the provisions
 2  of s. 119.07(1). The hearing must be conducted by an
 3  administrative law judge from the Division of Administrative
 4  Hearings of the Department of Management Services. The
 5  decision of the administrative law judge shall be final,
 6  except that any party aggrieved by the finding and decision
 7  rendered by the administrative law judge shall have the right
 8  to bring a civil action in the circuit court. In such an
 9  action, the court shall receive the records of the
10  administrative hearing and shall hear additional evidence at
11  the request of either party. In the alternative, any party
12  aggrieved by the finding and decision rendered by the
13  administrative law judge shall have the right to request an
14  impartial review of the administrative law judge's order by
15  the district court of appeal as provided by s. 120.68.
16  Notwithstanding any law to the contrary, during the pendency
17  of any proceeding conducted pursuant to this section, unless
18  the district school board and the parents otherwise agree, the
19  student shall remain in his or her then-current educational
20  assignment or, if applying for initial admission to a public
21  school, shall be assigned, with the consent of the parents, in
22  the public school program until all such proceedings have been
23  completed.
24         (f)(6)  In providing for the education of exceptional
25  students, the district school superintendent, principals, and
26  teachers shall utilize the regular school facilities and adapt
27  them to the needs of exceptional students to the maximum
28  extent appropriate. Segregation of exceptional students shall
29  occur only if the nature or severity of the exceptionality is
30  such that education in regular classes with the use of
31  
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 1  supplementary aids and services cannot be achieved
 2  satisfactorily.
 3         (g)(7)  In addition to the services agreed to in a
 4  student's individual education plan, the district school
 5  superintendent shall fully inform the parent of a student
 6  having a physical or developmental disability of all available
 7  services that are appropriate for the student's disability.
 8  The superintendent shall provide the student's parent with a
 9  summary of the student's rights.
10         (2)(a)  An exceptional student with a disability who
11  resides in a residential facility and receives special
12  instruction or services is considered a resident of the state
13  in which the student's parent or guardian is a resident. The
14  cost of such instruction, facilities, and services for a
15  nonresident student with a disability shall be provided by the
16  placing authority in the student's state of residence, such as
17  a public school entity, other placing authority, or parent. A
18  nonresident student with a disability may not be reported by
19  any school district for FTE funding in the Florida Education
20  Finance Program.
21         (b)  The Department of Education shall provide to each
22  school district a statement of the specific limitations of the
23  district's financial obligation for exceptional students with
24  disabilities under federal and state law. The department shall
25  also provide to each school district technical assistance as
26  necessary for developing a local plan to impose on a student's
27  home state the fiscal responsibility for educating a
28  nonresident exceptional student with a disability.
29         (c)  The Department of Education shall develop a
30  process by which a school district must, before providing
31  services to an exceptional student with a disability who
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 1  resides in a residential facility in this state, review the
 2  residency of the student. The residential facility, not the
 3  district, is responsible for billing and collecting from a
 4  nonresidential student's home state payment for the student's
 5  educational and related services.
 6         (d)  This subsection applies to any nonresident student
 7  with a disability who resides in a residential facility and
 8  who receives instruction as an exceptional student with a
 9  disability in any type of residential facility in this state,
10  including, but not limited to, a private school, a group home
11  facility as defined in s. 393.063, an intensive residential
12  treatment program for children and adolescents as defined in
13  s. 395.002, a facility as defined in s. 394.455, an
14  intermediate care facility for the developmentally disabled or
15  ICF/DD as defined in s. 393.063 or s. 400.960, or a community
16  residential home as defined in s. 419.001.
17         Section 22.  Section 1003.575, Florida Statutes, is
18  created to read:
19         1003.575  Individual education plans for exceptional
20  students.--The Department of Education shall devise an
21  individual education plan (IEP) form for use in developing and
22  implementing individual education plans for exceptional
23  students. The IEP form must have a streamlined format; and, to
24  provide for the use of an existing IEP form when a student
25  transfers from one school district to another, the IEP form
26  developed by the department shall be used in each school
27  district in the state.
28         Section 23.  Section 1003.58, Florida Statutes, is
29  amended to read:
30         1003.58  Students in residential care facilities.--Each
31  district school board shall provide educational programs
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 1  according to rules of the State Board of Education to students
 2  who reside in residential care facilities operated by the
 3  Department of Children and Family Services.
 4         (1)  The district school board shall not be charged any
 5  rent, maintenance, utilities, or overhead on such facilities.
 6  Maintenance, repairs, and remodeling of existing facilities
 7  shall be provided by the Department of Children and Family
 8  Services.
 9         (2)  If additional facilities are required, the
10  district school board and the Department of Children and
11  Family Services shall agree on the appropriate site based on
12  the instructional needs of the students.  When the most
13  appropriate site for instruction is on district school board
14  property, a special capital outlay request shall be made by
15  the commissioner in accordance with s. 1013.60. When the most
16  appropriate site is on state property, state capital outlay
17  funds shall be requested by the Department of Children and
18  Family Services as provided by s. 216.043 and shall be
19  submitted as specified by s. 216.023. Any instructional
20  facility to be built on state property shall have educational
21  specifications jointly developed by the school district and
22  the Department of Children and Family Services and approved by
23  the Department of Education. The size of space and occupant
24  design capacity criteria as provided by state board rules
25  shall be used for remodeling or new construction whether
26  facilities are provided on state property or district school
27  board property. The planning of such additional facilities
28  shall incorporate current Department of Children and Family
29  Services deinstitutionalization plans.
30         (3)  The district school board shall have full and
31  complete authority in the matter of the assignment and
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 1  placement of such students in educational programs. The parent
 2  of an exceptional student shall have the same due process
 3  rights as are provided under s. 1003.57(1)(e) s. 1003.57(5).
 4         (4)  The district school board shall have a written
 5  agreement with the Department of Children and Family Services
 6  outlining the respective duties and responsibilities of each
 7  party.
 8  
 9  Notwithstanding the provisions herein, the educational program
10  at the Marianna Sunland Center in Jackson County shall be
11  operated by the Department of Education, either directly or
12  through grants or contractual agreements with other public or
13  duly accredited educational agencies approved by the
14  Department of Education.
15         Section 24.  Present subsection (13) of section
16  1004.04, Florida Statutes, is redesignated as subsection (14),
17  and a new subsection (13) is added to that section, to read:
18         1004.04  Public accountability and state approval for
19  teacher preparation programs.--
20         (13)  RESEARCH.--The Council for Education Policy
21  Research and Improvement shall review and report on the
22  effectiveness of the graduates of state-approved teacher
23  preparation programs and state-approved alternative
24  certification programs as demonstrated by the progress of
25  their students on statewide assessments.
26         Section 25.  Section 1004.64, Florida Statutes, is
27  created to read:
28         1004.64  Florida Center for Reading Research.--There is
29  created, as a joint project between the College of Arts and
30  Sciences and the Learning Systems Institute (LSI) at the
31  Florida State University, the Florida Center for Reading
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 1  Research (FCRR). The center is administratively housed within
 2  the LSI and shall:
 3         (1)  Provide technical assistance and support to all
 4  school districts and schools in this state in the
 5  implementation of evidence-based literacy instruction,
 6  assessments, and programs.
 7         (2)  Conduct applied research that will have an
 8  immediate impact on policy and practices related to literacy
 9  instruction and assessment in this state.
10         (3)  Conduct basic research on reading, reading growth,
11  reading assessment, and reading instruction which will
12  contribute to scientific knowledge about reading.
13         (4)  Develop frameworks for comprehensive reading
14  intervention courses for possible use in middle schools and
15  secondary schools.
16         (5)  Disseminate information about research-based
17  practices related to literacy instruction, assessment, and
18  programs for students in preschool through grade 12.
19         (6)  Collect, manage, and report on assessment
20  information from screening, progress monitoring, and outcome
21  assessments through the Florida Progress Monitoring and
22  Reporting Network. The network is a statewide resource that is
23  operated to provide valid and timely reading assessment data
24  for parents, teachers, principals, and district-level and
25  state-level staff in the management of instruction at the
26  individual, classroom, and school levels.
27         Section 26.  Section 1008.22, Florida Statutes, is
28  amended to read:
29         1008.22  Student assessment program for public
30  schools.--
31  
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 1         (1)  PURPOSE.--The primary purposes of the student
 2  assessment program are to provide information needed to
 3  improve the public schools by enhancing the learning gains of
 4  all students and to inform parents of the educational progress
 5  of their public school children.  The program must be designed
 6  to:
 7         (a)  Assess the annual learning gains of each student
 8  toward achieving the Sunshine State Standards appropriate for
 9  the student's grade level.
10         (b)  Provide data for making decisions regarding school
11  accountability and recognition.
12         (c)  Identify the educational strengths and needs of
13  students and the readiness of students to be promoted to the
14  next grade level or to graduate from high school with a
15  standard high school diploma.
16         (d)  Assess how well educational goals and performance
17  standards are met at the school, district, and state levels.
18         (e)  Provide information to aid in the evaluation and
19  development of educational programs and policies.
20         (f)  Provide information on the performance of Florida
21  students in this state compared with other students others
22  across the United States.
23         (2) INTENT.--
24         (a)  It is the intent of the Legislature that the
25  Department of Education pursue innovations in technology and
26  assessment to allow the Florida Comprehensive Assessment Test
27  (FCAT) to be administered as late as possible in the school
28  year with scores received before the end of the school year.
29  The department shall pursue such innovations to the extent
30  funded by the Legislature. Annually, the Commissioner of
31  Education shall report to the Governor, the President of the
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 1  Senate, and the Speaker of the House of Representatives on the
 2  state of the art in large-scale on-line assessment
 3  capabilities of the industry and of the capacity of the public
 4  schools in this state to implement a statewide program.
 5         (b)  It is the further intent of the Legislature that
 6  the Department of Education make accessible to the public
 7  copies of actual scored FCAT test items when sufficient items
 8  are available through the test-item databank to ensure the
 9  security and validity of the test. The department shall
10  provide such FCAT test items to the extent that sufficient
11  items are funded by the Legislature. However, this paragraph
12  does not apply to those provisions of the FCAT to which the
13  department does not hold the copyright.
14         (3)(2)  NATIONAL EDUCATION COMPARISONS.--It is
15  Florida's intent to participate in the measurement of national
16  educational goals. The Commissioner of Education shall direct
17  Florida school districts to participate in the administration
18  of the National Assessment of Educational Progress, or a
19  similar national assessment program, both for the national
20  sample and for any state-by-state comparison programs which
21  may be initiated. Such assessments must be conducted using the
22  data collection procedures, the student surveys, the educator
23  surveys, and other instruments included in the National
24  Assessment of Educational Progress or similar program being
25  administered in Florida. The results of these assessments
26  shall be included in the annual report of the Commissioner of
27  Education specified in this section. The administration of the
28  National Assessment of Educational Progress or similar program
29  shall be in addition to and separate from the administration
30  of the statewide assessment program.
31  
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 1         (4)(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner
 2  shall design and implement a statewide program of educational
 3  assessment that provides information for the improvement of
 4  the operation and management of the public schools, including
 5  schools operating for the purpose of providing educational
 6  services to youth in Department of Juvenile Justice programs.
 7  The commissioner may enter into contracts for the continued
 8  administration of the assessment, testing, and evaluation
 9  programs authorized and funded by the Legislature. Contracts
10  may be initiated in 1 fiscal year and continue into the next
11  and may be paid from the appropriations of either or both
12  fiscal years. The commissioner is authorized to negotiate for
13  the sale or lease of tests, scoring protocols, test scoring
14  services, and related materials developed pursuant to law.
15  Pursuant to the statewide assessment program, the commissioner
16  shall:
17         (a)  Submit to the State Board of Education a list that
18  specifies student skills and competencies to which the goals
19  for education specified in the state plan apply, including,
20  but not limited to, reading, writing, science, and
21  mathematics. The skills and competencies must include
22  problem-solving and higher-order skills as appropriate and
23  shall be known as the Sunshine State Standards as defined in
24  s. 1000.21. The commissioner shall select such skills and
25  competencies after receiving recommendations from educators,
26  citizens, and members of the business community. The
27  commissioner shall submit to the State Board of Education
28  revisions to the list of student skills and competencies in
29  order to maintain continuous progress toward improvements in
30  student proficiency.
31  
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 1         (b)  Develop and implement a uniform system of
 2  indicators to describe the performance of public school
 3  students and the characteristics of the public school
 4  districts and the public schools. These indicators must
 5  include, without limitation, information gathered by the
 6  comprehensive management information system created pursuant
 7  to s. 1008.385 and student achievement information obtained
 8  pursuant to this section.
 9         (c)  Develop and implement a student achievement
10  testing program known as the Florida Comprehensive Assessment
11  Test (FCAT) as part of the statewide assessment program, to be
12  administered annually in grades 3 through 10 to measure
13  reading, writing, science, and mathematics. Other content
14  areas may be included as directed by the commissioner. The
15  assessment of reading and math shall be administered annually
16  in grades 3 through 10. The assessment of writing and science
17  shall be administered at least once at the elementary school
18  level, at least once at the middle school level, and at least
19  once at the high school level. The testing program must be
20  designed so that:
21         1.  The tests measure student skills and competencies
22  adopted by the State Board of Education as specified in
23  paragraph (a). The tests must measure and report student
24  proficiency levels in reading, writing, mathematics, and
25  science. The commissioner shall provide for the tests to be
26  developed or obtained, as appropriate, through contracts and
27  project agreements with private vendors, public vendors,
28  public agencies, postsecondary educational institutions, or
29  school districts. The commissioner shall obtain input with
30  respect to the design and implementation of the testing
31  program from state educators and the public.
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 1         2.  The testing program will include a combination of
 2  norm-referenced and criterion-referenced tests and include, to
 3  the extent determined by the commissioner, questions that
 4  require the student to produce information or perform tasks in
 5  such a way that the skills and competencies he or she uses can
 6  be measured.
 7         3.  Each testing program, whether at the elementary,
 8  middle, or high school level, includes a test of writing in
 9  which students are required to produce writings that are then
10  scored by appropriate methods.
11         4.  A score is designated for each subject area tested,
12  below which score a student's performance is deemed
13  inadequate. The school districts shall provide appropriate
14  remedial instruction to students who score below these levels.
15         5.  Except as provided in s. 1003.43(11)(b), students
16  must earn a passing score on the grade 10 assessment test
17  described in this paragraph or on an alternate assessment as
18  described in subsection (9) in reading, writing, and
19  mathematics to qualify for a regular high school diploma. The
20  State Board of Education shall designate a passing score for
21  each part of the grade 10 assessment test. In establishing
22  passing scores, the state board shall consider any possible
23  negative impact of the test on minority students. All students
24  who took the grade 10 FCAT during the 2000-2001 school year
25  shall be required to earn the passing scores in reading and
26  mathematics established by the State Board of Education for
27  the March 2001 test administration. Such students who did not
28  earn the established passing scores and must repeat the grade
29  10 FCAT are required to earn the passing scores established
30  for the March 2001 test administration. All students who take
31  the grade 10 FCAT for the first time in March 2002 shall be
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 1  required to earn the passing scores in reading and mathematics
 2  established by the State Board of Education for the March 2002
 3  test administration. The State Board of Education shall adopt
 4  rules that which specify the passing scores for the grade 10
 5  FCAT. Any such rules, which have the effect of raising the
 6  required passing scores, shall only apply only to students
 7  taking the grade 10 FCAT for the first time after such rules
 8  are adopted by the State Board of Education.
 9         6.  Participation in the testing program is mandatory
10  for all students attending public school, including students
11  served in Department of Juvenile Justice programs, except as
12  otherwise prescribed by the commissioner. If a student does
13  not participate in the statewide assessment, the district must
14  notify the student's parent and provide the parent with
15  information regarding the implications of such
16  nonparticipation. If modifications are made in the student's
17  instruction to provide accommodations that would not be
18  permitted on the statewide assessment tests, the district must
19  notify the student's parent of the implications of such
20  instructional modifications. A parent must provide signed
21  consent for a student to receive instructional modifications
22  that would not be permitted on the statewide assessments and
23  must acknowledge in writing that he or she understands the
24  implications of such accommodations. The State Board of
25  Education shall adopt rules, based upon recommendations of the
26  commissioner, for the provision of test accommodations and
27  modifications of procedures as necessary for students in
28  exceptional education programs and for students who have
29  limited English proficiency. Accommodations that negate the
30  validity of a statewide assessment are not allowable.
31  
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 1         7.  A student seeking an adult high school diploma must
 2  meet the same testing requirements that a regular high school
 3  student must meet.
 4         8.  District school boards must provide instruction to
 5  prepare students to demonstrate proficiency in the skills and
 6  competencies necessary for successful grade-to-grade
 7  progression and high school graduation. If a student is
 8  provided with accommodations or modifications that are not
 9  allowable in the statewide assessment program, as described in
10  the test manuals, the district must inform the parent in
11  writing and must provide the parent with information regarding
12  the impact on the student's ability to meet expected
13  proficiency levels in reading, writing, and math. The
14  commissioner shall conduct studies as necessary to verify that
15  the required skills and competencies are part of the district
16  instructional programs.
17         9.  The Department of Education must develop, or
18  select, and implement a common battery of assessment tools
19  that will be used in all juvenile justice programs in the
20  state. These tools must accurately measure the skills and
21  competencies established in the Florida Sunshine State
22  Standards.
23  
24  The commissioner may design and implement student testing
25  programs, for any grade level and subject area, necessary to
26  effectively monitor educational achievement in the state.
27         (d)  Conduct ongoing research to develop improved
28  methods of assessing student performance, including, without
29  limitation, the use of technology to administer tests, score,
30  or report the results of, the use of electronic transfer of
31  
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 1  data, the development of work-product assessments, and the
 2  development of process assessments.
 3         (e)  Conduct ongoing research into and analysis of
 4  student achievement data, including, without limitation,
 5  monitoring trends in student achievement by grade level and
 6  overall student achievement, identifying school programs that
 7  are successful, and analyzing correlates of school
 8  achievement.
 9         (f)  Provide technical assistance to school districts
10  in the implementation of state and district testing programs
11  and the use of the data produced pursuant to such programs.
12         (5)(4)  DISTRICT TESTING PROGRAMS.--Each district
13  school board shall periodically assess student performance and
14  achievement within each school of the district. The assessment
15  programs must be based upon local goals and objectives that
16  are compatible with the state plan for education and that
17  supplement the skills and competencies adopted by the State
18  Board of Education. All school districts must participate in
19  the statewide assessment program designed to measure annual
20  student learning and school performance. All district school
21  boards shall report assessment results as required by the
22  state management information system.
23         (6)(5)  SCHOOL TESTING PROGRAMS.--Each public school
24  shall participate in the statewide assessment program, unless
25  specifically exempted by state board rule based on serving a
26  specialized population for which standardized testing is not
27  appropriate. Student performance data shall be analyzed and
28  reported to parents, the community, and the state. Student
29  performance data shall be used in developing objectives of the
30  school improvement plan, evaluation of instructional
31  personnel, evaluation of administrative personnel, assignment
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 1  of staff, allocation of resources, acquisition of
 2  instructional materials and technology, performance-based
 3  budgeting, and promotion and assignment of students into
 4  educational programs. The analysis of student performance data
 5  also must identify strengths and needs in the educational
 6  program and trends over time.  The analysis must be used in
 7  conjunction with the budgetary planning processes developed
 8  pursuant to s. 1008.385 and the development of the programs of
 9  remediation.
10         (7)(6)  REQUIRED ANALYSES.--The commissioner shall
11  provide, at a minimum, for the following analyses of data
12  produced by the student achievement testing program:
13         (a)  The statistical system for the annual assessments
14  shall use measures of student learning, such as the FCAT, to
15  determine teacher, school, and school district statistical
16  distributions, which shall be determined using available data
17  from the FCAT, and other data collection as deemed appropriate
18  by the Department of Education, to measure the differences in
19  student prior year achievement compared to the current year
20  achievement for the purposes of accountability and
21  recognition.
22         (b)  The statistical system shall provide the best
23  estimates of teacher, school, and school district effects on
24  student progress. The approach used by the department shall be
25  approved by the commissioner before implementation.
26         (c)  The annual testing program shall be administered
27  to provide for valid statewide comparisons of learning gains
28  to be made for purposes of accountability and recognition. The
29  commissioner shall establish a schedule for the administration
30  of the statewide assessments. In establishing such schedule,
31  the commissioner is charged with the duty to accomplish the
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 1  latest possible administration of the statewide assessments
 2  and the earliest possible provision of the results to the
 3  school districts feasible within available technology and
 4  specific appropriation.  District school boards shall not
 5  establish school calendars that jeopardize or limit the valid
 6  testing and comparison of student learning gains.
 7         (8)(7)  LOCAL ASSESSMENTS.--Measurement of the learning
 8  gains of students in all subjects and grade levels other than
 9  subjects and grade levels required for the state student
10  achievement testing program is the responsibility of the
11  school districts.
12         (9)(8)  APPLICABILITY OF TESTING STANDARDS.--A student
13  must meet the testing requirements for high school graduation
14  that were in effect at the time the student entered 9th grade,
15  provided the student's enrollment was continuous.
16         (10)(9)  EQUIVALENCIES FOR STANDARDIZED TESTS.--
17         (a)  The Commissioner of Education shall approve the
18  use of the SAT and ACT tests as alternative assessments to the
19  grade 10 FCAT for the 2003-2004 school year. Students who
20  attain scores on the SAT or ACT which equate to the passing
21  scores on the grade 10 FCAT for purposes of high school
22  graduation shall satisfy the assessment requirement for a
23  standard high school diploma as provided in s. 1003.429(6)(a)
24  or s. 1003.43(5)(a) for the 2003-2004 school year if the
25  students meet the requirement in paragraph (b).
26         (b)  A student shall be required to take the grade 10
27  FCAT a total of three times without earning a passing score in
28  order to use the scores on an alternative assessment pursuant
29  to paragraph (a). This requirement shall not apply to a
30  student who is a new student to the public school system in
31  grade 12.
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 1         (11)(10)  RULES.--The State Board of Education shall
 2  adopt rules under pursuant to ss. 120.536(1) and 120.54 to
 3  implement the provisions of this section.
 4         Section 27.  Subsection (8) of section 1008.25, Florida
 5  Statutes, is amended, and subsection (11) is added to that
 6  section, to read:
 7         1008.25  Public school student progression; remedial
 8  instruction; reporting requirements.--
 9         (8)  ANNUAL REPORT.--
10         (a)  In addition to the requirements in paragraph
11  (5)(b), each district school board must annually report to the
12  parent of each student the progress of the student toward
13  achieving state and district expectations for proficiency in
14  reading, writing, science, and mathematics. The district
15  school board must report to the parent the student's results
16  on each statewide assessment test. The evaluation of each
17  student's progress must be based upon the student's classroom
18  work, observations, tests, district and state assessments, and
19  other relevant information. Progress reporting must be
20  provided to the parent in writing in a format adopted by the
21  district school board.
22         (b)  Beginning with the 2001-2002 school year, Each
23  district school board must annually publish in the local
24  newspaper, and report in writing to the State Board of
25  Education by September 1 of each year, the following
26  information on the prior school year:
27         1.  The provisions of this section relating to public
28  school student progression and the district school board's
29  policies and procedures on student retention and promotion.
30  
31  
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 1         2.  By grade, the number and percentage of all students
 2  in grades 3 through 10 performing at Levels 1 and 2 on the
 3  reading portion of the FCAT.
 4         3.  By grade, the number and percentage of all students
 5  retained in grades 3 through 10.
 6         4.  Information on the total number of students who
 7  were promoted for good cause, by each category of good cause
 8  as specified in paragraph (6)(b).
 9         5.  Any revisions to the district school board's policy
10  on student retention and promotion from the prior year.
11         (c)  The Department of Education shall establish a
12  uniform format in which school districts must report such
13  information. The department shall annually compile the
14  information required under subparagraphs (b)2., 3., and 4.,
15  along with state-level summary information, and shall report
16  the information to the Governor, the President of the Senate,
17  and the Speaker of the House of Representatives.
18         (11) REPORTS.--The Department of Education shall
19  annually provide to the Governor, the President of the Senate,
20  and the Speaker of the House of Representatives a report on:
21         (a)  The longitudinal performance of students in math
22  and reading.
23         (b)  The longitudinal performance of students by grade
24  level in math and reading.
25         (c)  The longitudinal performance regarding efforts to
26  close the achievement gap.
27         (d)  The longitudinal performance of students on the
28  norm-referenced component of the FCAT.
29         (e)  Other student performance data based on national
30  norm-referenced and criterion-referenced tests, when
31  available.
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 1         Section 28.  Section 1008.31, Florida Statutes, is
 2  amended to read:
 3         1008.31  Florida's K-20 education performance
 4  accountability system; legislative intent; public
 5  accountability and reporting performance-based funding;
 6  mission, goals, and systemwide measures.--
 7         (1)  LEGISLATIVE INTENT.--It is the intent of the
 8  Legislature that:
 9         (a)  The performance accountability system implemented
10  to assess the effectiveness of Florida's seamless K-20
11  education delivery system provide answers to the following
12  questions in relation to its mission and goals:
13         1.  What is the public receiving in return for funds it
14  invests in education?
15         2.  How effectively is Florida's K-20 education system
16  educating its students?
17         3.  How effectively are the major delivery sectors
18  promoting student achievement?
19         4.  How are individual schools and postsecondary
20  education institutions performing their responsibility to
21  educate their students as measured by how students are
22  exhibiting performing and how much they are learning?
23         (b)  The K-20 education performance accountability
24  system be established as a single, unified accountability
25  system with multiple components, including, but not limited
26  to, measures of adequate yearly progress, individual student
27  learning gains in public schools, school grades, and return on
28  investment.
29         (c)  The K-20 education performance accountability
30  system comply with the accountability requirements of the "No
31  Child Left Behind Act of 2001," Pub. L. No. 107-110.
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 1         (d)  The State Board of Education recommend to the
 2  Legislature systemwide performance standards; the Legislature
 3  establish systemwide performance measures and standards; and
 4  the systemwide measures and standards provide Floridians with
 5  information on what the public is receiving in return for the
 6  funds it invests in education and how well the K-20 system
 7  educates its students.
 8         (e)  The State Board of Education establish performance
 9  measures and set performance standards for individual
10  components of the public education system, including
11  individual schools and community colleges postsecondary
12  educational institutions, with measures and standards based
13  primarily on student achievement.
14         (f)  The Board of Governors establish performance
15  measures and set performance standards for state universities,
16  with measures and standards based primarily on student access
17  and achievement. Measures should encourage the seamless
18  transition of students from one educational level to the next
19  and be consistent with other educational accountability
20  measures.
21         (2)  PERFORMANCE-BASED FUNDING.--
22         (a)  The State Board of Education shall cooperate with
23  each delivery system to develop proposals for
24  performance-based funding, using performance measures adopted
25  pursuant to this section.
26         (b)  The State Board of Education proposals must
27  provide that at least 10 percent of the state funds
28  appropriated for the K-20 education system are conditional
29  upon meeting or exceeding established performance standards.
30         (c)  The State Board of Education shall adopt
31  guidelines required to implement performance-based funding
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 1  that allow 1 year to demonstrate achievement of specified
 2  performance standards prior to a reduction in appropriations
 3  pursuant to this section.
 4         (d)  By December 1, 2003, the State Board of Education
 5  shall adopt common definitions, measures, standards, and
 6  performance improvement targets required to:
 7         1.  Use the state core measures and the sector-specific
 8  measures to evaluate the progress of each sector of the
 9  educational delivery system toward meeting the systemwide
10  goals for public education.
11         2.  Notify the sectors of their progress in achieving
12  the specified measures so that they may develop improvement
13  plans that directly influence decisions about policy, program
14  development, and management.
15         3.  Implement the performance-based budgeting system
16  described in this section.
17         (e)  During the 2003-2004 fiscal year, the Department
18  of Education shall collect data required to establish
19  progress, rewards, and sanctions.
20         (f)  By December 1, 2004, the Department of Education
21  shall recommend to the Legislature a formula for
22  performance-based funding that applies accountability
23  standards for the individual components of the public
24  education system at every level, kindergarten through graduate
25  school. Effective for the 2004-2005 fiscal year and
26  thereafter, subject to annual legislative approval in the
27  General Appropriations Act, performance-based funds shall be
28  allocated based on the progress, rewards, and sanctions
29  established pursuant to this section.
30         (2)(3)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--
31  
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 1         (a)  The mission of Florida's K-20 education system
 2  shall be to increase the proficiency of all students within
 3  one seamless, efficient system, by allowing them the
 4  opportunity to expand their knowledge and skills through
 5  learning opportunities and research valued by students,
 6  parents, and communities.
 7         (b)  The State Board of Education shall adopt guiding
 8  principles for establishing state and sector-specific
 9  standards and measures must assure that the process is:.
10         1.  Focused on student success;
11         2.  Actionable, in that an educational entity can
12  affect the outcomes through policy and program changes;
13         3.  High-quality and efficient;
14         4.  Measurable over time;
15         5.  Simple to explain and display to the public; and
16         6.  Aligned with other measures and other sectors to
17  support a coordinated K-20 education system.
18         (c)  The Department State Board of Education shall
19  maintain an accountability system that measures student
20  progress toward the following goals:
21         1.  Highest student achievement, as indicated by
22  evidence of student learning gains at all levels measured by:
23  student FCAT performance and annual learning gains; the number
24  and percentage of schools that improve at least one school
25  performance grade designation or maintain a school performance
26  grade designation of "A" pursuant to s. 1008.34; graduation or
27  completion rates at all learning levels; and other measures
28  identified in law or rule.
29         2.  Seamless articulation and maximum access, as
30  measured by evidence of progression and readiness and evidence
31  of access by targeted groups of students identified by the
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 1  commissioner: the percentage of students who demonstrate
 2  readiness for the educational level they are entering, from
 3  kindergarten through postsecondary education and into the
 4  workforce; the number and percentage of students needing
 5  remediation; the percentage of Floridians who complete
 6  associate, baccalaureate, graduate, professional, and
 7  postgraduate degrees; the number and percentage of credits
 8  that articulate; the extent to which each set of exit-point
 9  requirements matches the next set of entrance-point
10  requirements; the degree to which underserved populations
11  access educational opportunity; the extent to which access is
12  provided through innovative educational delivery strategies;
13  and other measures identified in law or rule.
14         3.  Skilled workforce and economic development, as
15  measured by evidence of employment and earnings: the number
16  and percentage of graduates employed in their areas of
17  preparation; the percentage of Floridians with high school
18  diplomas and postsecondary education credentials; the
19  percentage of business and community members who find that
20  Florida's graduates possess the skills they need; national
21  rankings; and other measures identified in law or rule.
22         4.  Quality efficient services, as measured by evidence
23  of return on investment: cost per completer or graduate;
24  average cost per noncompleter at each educational level; cost
25  disparity across institutions offering the same degrees; the
26  percentage of education customers at each educational level
27  who are satisfied with the education provided; and other
28  measures identified in law or rule.
29         (3)(4)  K-20 EDUCATION DATA QUALITY IMPROVEMENT.--To
30  provide data required to implement education performance
31  accountability measures in state and federal law, the
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 1  commissioner shall initiate and maintain strategies to improve
 2  data quality and timeliness.
 3         (a)  SYSTEMWIDE DATA COLLECTION.--School districts and
 4  public postsecondary educational institutions shall maintain
 5  information systems that will provide the State Board of
 6  Education, the Board of Governors, and the Legislature with
 7  information and reports necessary to address the
 8  specifications of the accountability system. The State Board
 9  of Education shall determine the standards for the required
10  data. The level of comprehensiveness and quality shall be no
11  less than that which was available as of June 30, 2001.
12         (b)  The Commissioner of Education shall determine the
13  standards for the required data, monitor data quality, and
14  measure improvements. The commissioner shall report annually
15  to the Legislature, the State Board of Education, and the
16  Board of Governors data quality indicators and ratings for all
17  public postsecondary education institutions and school
18  districts.
19         (4)  RULES.--The State Board of Education shall adopt
20  rules under ss. 120.536(1) and 120.54 to implement this
21  section.
22         Section 29.  Section 1008.33, Florida Statutes, is
23  amended to read:
24         1008.33  Authority to enforce public school
25  improvement.--It is the intent of the Legislature that all
26  public schools be held accountable for students performing at
27  acceptable levels. A system of school improvement and
28  accountability that assesses student performance by school,
29  identifies schools in which students are not making adequate
30  progress toward state standards, institutes appropriate
31  measures for enforcing improvement, and provides rewards and
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 1  sanctions based on performance shall be the responsibility of
 2  the State Board of Education.
 3         (1)  Pursuant to Art. IX of the State Constitution
 4  prescribing the duty of the State Board of Education to
 5  supervise Florida's public school system and notwithstanding
 6  any other statutory provisions to the contrary, the State
 7  Board of Education shall intervene in the operation of a
 8  district school system when one or more schools in the school
 9  district have failed to make adequate progress for 2 school
10  years in a 4-year period. For purposes of determining when a
11  school is eligible for state board action and opportunity
12  scholarships for its students, the terms "2 years in any
13  4-year period" and "2 years in a 4-year period" mean that in
14  any year that a school has a grade of "F," the school is
15  eligible for state board action and opportunity scholarships
16  for its students if it also has had a grade of "F" in any of
17  the previous 3 school years. The State Board of Education may
18  determine that the school district or school has not taken
19  steps sufficient for students in the school to be academically
20  well served. Considering recommendations of the Commissioner
21  of Education, the State Board of Education shall recommend
22  action to a district school board intended to improve
23  educational services to students in each school that is
24  designated with a grade of as performance grade category "F."
25  Recommendations for actions to be taken in the school district
26  shall be made only after thorough consideration of the unique
27  characteristics of a school, which shall include student
28  mobility rates, the number and type of exceptional students
29  enrolled in the school, and the availability of options for
30  improved educational services. The state board shall adopt by
31  rule steps to follow in this process.  Such steps shall
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 1  provide school districts sufficient time to improve student
 2  performance in schools and the opportunity to present evidence
 3  of assistance and interventions that the district school board
 4  has implemented.
 5         (2)  The State Board of Education may recommend one or
 6  more of the following actions to district school boards to
 7  enable students in schools designated with a grade of as
 8  performance grade category "F" to be academically well served
 9  by the public school system:
10         (a)  Provide additional resources, change certain
11  practices, and provide additional assistance if the state
12  board determines the causes of inadequate progress to be
13  related to school district policy or practice;
14         (b)  Implement a plan that satisfactorily resolves the
15  education equity problems in the school;
16         (c)  Contract for the educational services of the
17  school, or reorganize the school at the end of the school year
18  under a new school principal who is authorized to hire new
19  staff and implement a plan that addresses the causes of
20  inadequate progress;
21         (d)  Transfer high-quality teachers, faculty, and staff
22  to improve the performance of students in any low-performing
23  school;
24         (e)(d)  Allow parents of students in the school to send
25  their children to another district school of their choice; or
26         (f)(e)  Other action appropriate to improve the
27  school's performance.
28         (3)  In recommending actions to district school boards,
29  the State Board of Education shall specify the length of time
30  available to implement the recommended action.  The State
31  Board of Education may adopt rules to further specify how it
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 1  may respond in specific circumstances. No Action taken by the
 2  State Board of Education does not shall relieve a school from
 3  state accountability requirements.
 4         (4)  The State Board of Education may require the
 5  Department of Education or Chief Financial Officer to withhold
 6  any transfer of state funds to the school district if, within
 7  the timeframe specified in state board action, the school
 8  district has failed to comply with the action ordered to
 9  improve the district's low-performing schools. Withholding The
10  transfer of funds may be withheld shall occur only after all
11  other recommended actions for school improvement have failed
12  to improve performance. The State Board of Education may
13  impose the same penalty on any district school board that
14  fails to develop and implement a plan for assistance and
15  intervention for low-performing schools as specified in s.
16  1001.42(16)(c).
17         Section 30.  Section 1008.34, Florida Statutes, is
18  amended to read:
19         1008.34  School grading system; school report cards;
20  district performance grade.--
21         (1)  ANNUAL REPORTS.--The Commissioner of Education
22  shall prepare annual reports of the results of the statewide
23  assessment program which describe student achievement in the
24  state, each district, and each school. The commissioner shall
25  prescribe the design and content of these reports, which must
26  include, without limitation, descriptions of the performance
27  of all schools participating in the assessment program and all
28  of their major student populations as determined by the
29  Commissioner of Education, and must also include the median
30  scores of all eligible students who scored at or in the lowest
31  25th percentile of the state in the previous school year;
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 1  provided, however, that the provisions of s. 1002.22
 2  pertaining to student records apply to this section.
 3         (2)  SCHOOL GRADES PERFORMANCE GRADE CATEGORIES.--The
 4  annual report shall identify schools as having one of the
 5  following grades being in one of the following grade
 6  categories defined according to rules of the State Board of
 7  Education:
 8         (a)  "A," schools making excellent progress.
 9         (b)  "B," schools making above average progress.
10         (c)  "C," schools making satisfactory progress.
11         (d)  "D," schools making less than satisfactory
12  progress.
13         (e)  "F," schools failing to make adequate progress.
14  
15  Each school designated with a grade of in performance grade
16  category "A," making excellent progress, or having improved at
17  least two grade levels performance grade categories, shall
18  have greater authority over the allocation of the school's
19  total budget generated from the FEFP, state categoricals,
20  lottery funds, grants, and local funds, as specified in state
21  board rule. The rule must provide that the increased budget
22  authority shall remain in effect until the school's
23  performance grade declines.
24         (3)  DESIGNATION OF SCHOOL GRADES PERFORMANCE GRADE
25  CATEGORIES.--School grades performance grade category
26  designations itemized in subsection (2) shall be based on the
27  following:
28         (a)  Criteria Timeframes.--
29         1.  School performance grade category designations
30  shall be based on the school's current year performance and
31  the school's annual learning gains.
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 1         2.  A school's grade performance grade category
 2  designation shall be based on a combination of:
 3         1.  Student achievement scores;,
 4         2.  Student learning gains as measured by annual FCAT
 5  assessments in grades 3 through 10;, and
 6         3.  Improvement of the lowest 25th percentile of
 7  students in the school in reading, math, or writing on the
 8  FCAT, unless these students are exhibiting performing above
 9  satisfactory performance.
10         (b)  Student assessment data.--Student assessment data
11  used in determining school grades performance grade categories
12  shall include:
13         1.  The aggregate scores of all eligible students
14  enrolled in the school who have been assessed on the FCAT.
15         2.  The aggregate scores of all eligible students
16  enrolled in the school who have been assessed on the FCAT,
17  including Florida Writes, and who have scored at or in the
18  lowest 25th percentile of students in the school in reading,
19  math, or writing, unless these students are exhibiting
20  performing above satisfactory performance.
21         3.  The scores of students attending alternative
22  schools that provide dropout prevention and academic
23  intervention services pursuant to s. 1003.53, which shall be
24  used in the calculation of the school grade of the school the
25  student attended before attending the alternative school. The
26  student's test scores shall be attributable to the school from
27  which the student transferred. The student's test scores shall
28  also be used in the calculation of the grade of the
29  alternative school under s. 1008.341. An alternative school
30  that wishes to be graded under s. 1008.34 may have the
31  students' FCAT scores calculated toward the school's grade and
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 1  not be calculated toward the originating school's grade.
 2  School districts must ensure collaboration between the
 3  originating school and the alternative school to promote
 4  student success.
 5  
 6  The Department of Education shall study the effects of
 7  mobility on the performance of highly mobile students and
 8  recommend programs to improve the performance of such
 9  students. The State Board of Education shall adopt appropriate
10  criteria for each school grade performance grade category. The
11  criteria must also give added weight to student achievement in
12  reading. Schools designated with a grade of as performance
13  grade category "C," making satisfactory progress, shall be
14  required to demonstrate that adequate progress has been made
15  by students in the school who are in the lowest 25th
16  percentile in reading, math, or writing on the FCAT, including
17  Florida Writes, unless these students are exhibiting
18  performing above satisfactory performance.
19         (4)  SCHOOL IMPROVEMENT RATINGS.--The annual report
20  shall identify each school's performance as having improved,
21  remained the same, or declined. This school improvement rating
22  shall be based on a comparison of the current year's and
23  previous year's student and school performance data. Schools
24  that improve at least one performance grade category are
25  eligible for school recognition awards pursuant to s. 1008.36.
26         (5)  SCHOOL REPORT CARD.--The Department of Education
27  shall annually develop in collaboration with the school
28  districts a school report card to be delivered to parents
29  throughout each school district. The report card must include
30  the school's grade, information regarding school improvement,
31  an explanation of school performance as evaluated by the
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 1  federal No Child Left Behind Act, and indicators of return on
 2  investment. PERFORMANCE GRADE CATEGORY AND IMPROVEMENT RATING
 3  REPORTS.--School performance grade category designations and
 4  improvement ratings shall apply to each school's performance
 5  for the year in which performance is measured. Each school's
 6  report card designation and rating shall be published annually
 7  by the Department of Education on the department's website,
 8  and the school district shall provide the report card to each
 9  parent. Parents shall be entitled to an easy-to-read report
10  card about the designation and rating of the school in which
11  their child is enrolled.
12         (6)  RULES.--The State Board of Education shall adopt
13  rules pursuant to ss. 120.536(1) and 120.54 to implement the
14  provisions of this section.
15         (6)(7)  PERFORMANCE-BASED FUNDING.--The Legislature may
16  factor in the performance of schools in calculating any
17  performance-based funding policy that is provided for annually
18  in the General Appropriations Act.
19         (7)(8)  DISTRICT PERFORMANCE GRADE.--The annual report
20  required by subsection (1) shall include district performance
21  grades, which shall consist of weighted district average
22  grades, by level, for all elementary schools, middle schools,
23  and high schools in the district. A district's weighted
24  average grade shall be calculated by weighting individual
25  school grades determined pursuant to subsection (2) by school
26  enrollment.
27         (8)  The State Board of Education shall adopt rules
28  under ss. 120.536(1) and 120.54 to administer this section.
29         Section 31.  Section 1008.341, Florida Statutes, is
30  created to read:
31         1008.341  Grading for alternative schools.--
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 1         (1)  ANNUAL REPORTS.--The Commissioner of Education
 2  shall prepare an annual report on the performance of each
 3  school graded pursuant to this section if the provisions of s.
 4  1002.22 pertaining to student records shall apply.
 5         (2)  DESIGNATION OF SCHOOL GRADES.--Notwithstanding the
 6  provisions of s. 1008.34, alternative schools that provide
 7  dropout prevention and academic intervention services pursuant
 8  to s. 1003.53 shall be graded pursuant to this section.
 9  Alternative schools serving students who are subject to school
10  board policies for expulsion for repeated or serious offenses,
11  dropout retrieval programs serving students who have
12  officially been designated as dropouts, and Department of
13  Juvenile Justice operated and contracted programs shall not
14  receive a school grade as described in s. 1008.34. Schools
15  meeting this definition shall be rated on a scale approved by
16  the State Board of Education which represents the progress of
17  students as compared to their progress prior to being assigned
18  to the alternative schools. The schools that serve multiple
19  populations shall receive a school grade absent the
20  performance of students subject to expulsion or dropout if the
21  schools meet the minimum requirements regarding the number of
22  students with valid FCAT scores. Each school shall receive a
23  school improvement rating of "improving," "maintaining," or
24  "declining."
25         (a)  School grade designations shall be those
26  prescribed in s. 1008.34(2) and shall be based on a
27  combination of the following factors weighted equally:
28         1.  Aggregate student academic growth rate, which shall
29  be based on a student's developmental scale score on the FCAT
30  for the school year in which the student is currently enrolled
31  
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 1  compared to the developmental scale score on the FCAT for the
 2  preceding school year.
 3         2.  Improvement of students in the school who are in
 4  the lowest 25th percentile of students in the state on FCAT
 5  Reading.
 6         (b)  Student assessment data used in determining school
 7  grades shall include:
 8         1.  The aggregate scores of all eligible students who
 9  were enrolled in the school during the October and February
10  FTE counts, who have been assessed on the FCAT, and who have
11  FCAT or comparable scores for the preceding school year.
12         2.  The aggregate scores of all eligible students who
13  were enrolled in the school during the October and February
14  FTE counts, who have been assessed on the FCAT, including
15  Florida Writes, and who have scored at or in the lowest 25th
16  percentile of students in the state on FCAT Reading.
17         (3)  SCHOOL-IMPROVEMENT RATINGS.--The annual report
18  shall identify each school's performance as having improved,
19  remained the same, or declined. This school-improvement rating
20  shall be based on a comparison of the current year's and
21  previous year's student and school performance data. Schools
22  that improve at least one grade are eligible for school
23  recognition awards pursuant to s. 1008.36.
24         (4)  SCHOOL REPORT CARD.--The Department of Education
25  shall annually develop in collaboration with the school
26  districts a school report card to be delivered to parents
27  through each school district. The report card shall include
28  the school's grade, information regarding school improvement,
29  an explanation of school performance as evaluated by the
30  federal No Child Left Behind Act of 2001, and indicators of
31  return on investment.
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 1         (5)  RULES.--The State Board of Education shall adopt
 2  rules pursuant to ss. 120.536(1) and 120.54 to implement the
 3  provisions of this section.
 4         Section 32.  Section 1008.36, Florida Statutes, is
 5  amended to read:
 6         1008.36  Florida School Recognition Program.--
 7         (1)  The Legislature finds that there is a need for a
 8  performance incentive program for outstanding faculty and
 9  staff in highly productive schools. The Legislature further
10  finds that performance-based incentives are commonplace in the
11  private sector and should be infused into the public sector as
12  a reward for productivity.
13         (2)  The Florida School Recognition Program is created
14  to provide financial awards to public schools that:
15         (a)  Sustain high performance by receiving a school
16  grade of "A," making excellent progress; or
17         (b)  Demonstrate exemplary improvement due to
18  innovation and effort by improving a letter grade.
19         (3)  All public schools, including charter schools,
20  that receive a school grade pursuant to s. 1008.34 are
21  eligible to participate in the program. For purposes of this
22  section, a school serving any combination of kindergarten
23  through grade 3 students which does not receive a school grade
24  under s. 1008.34 shall be assigned the school performance
25  grade of the feeder pattern school designated by the
26  Department of Education and verified by the school district
27  and shall be eligible to participate in the program based upon
28  that feeder. A feeder school pattern is defined where at least
29  60 percent of the students in the school or schools servicing
30  a combination of kindergarten through grade 3 students are
31  scheduled to be assigned to the school receiving the school
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 1  grade. In addition, the feeder pattern school shall be subject
 2  to the Opportunity Scholarship Program as defined in s.
 3  1002.38.
 4         (4)  All selected schools shall receive financial
 5  awards depending on the availability of funds appropriated and
 6  the number and size of schools selected to receive an award.
 7  Funds must be distributed to the school's fiscal agent and
 8  placed in the school's account and must be used for purposes
 9  listed in subsection (5) as determined jointly by the school's
10  staff and school advisory council. If school staff and the
11  school advisory council cannot reach agreement by November 1,
12  the awards must be equally distributed to all classroom
13  teachers currently teaching in the school.
14         (5)  School recognition awards must be used for the
15  following:
16         (a)  Nonrecurring bonuses to the faculty and staff who
17  presently are employed at the school or who were employed at
18  the school during the year of improved performance;
19         (b)  Nonrecurring expenditures for educational
20  equipment or materials to assist in maintaining and improving
21  student performance; or
22         (c)  Temporary personnel for the school to assist in
23  maintaining and improving student performance.
24  
25  Notwithstanding statutory provisions to the contrary,
26  incentive awards are not subject to collective bargaining.
27         Section 33.  Present subsection (9) of section 1011.62,
28  Florida Statutes, is redesignated as subsection (10) and
29  amended, and a new subsection (9) is added to that section, to
30  read:
31  
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 1         1011.62  Funds for operation of schools.--If the annual
 2  allocation from the Florida Education Finance Program to each
 3  district for operation of schools is not determined in the
 4  annual appropriations act or the substantive bill implementing
 5  the annual appropriations act, it shall be determined as
 6  follows:
 7         (9)  RESEARCH-BASED READING-INSTRUCTION ALLOCATION.--
 8         (a)  There is created the Research-Based
 9  Reading-Instruction Allocation to provide comprehensive
10  reading instruction to students in kindergarten through grade
11  12.
12         (b)  Funds for comprehensive, research-based reading
13  instruction shall be allocated annually to each school
14  district in the amount provided in the General Appropriations
15  Act. Each eligible school district shall receive the same
16  minimum amount as specified in the General Appropriations Act,
17  and any remaining funds shall be distributed to eligible
18  school districts based on each school district's proportionate
19  share of the statewide total unweighted full-time equivalent
20  student population. The Legislature shall annually increase
21  funds for the allocation at a rate that equals or exceeds the
22  rate of overall increase in the FEFP.
23         (c)  Funds allocated under this subsection must be used
24  to provide a system of comprehensive reading instruction to
25  students enrolled in K-12 programs, which may include the
26  provision of:
27         1.  Highly qualified reading coaches;
28         2.  Professional development for district teachers in
29  scientifically based reading instruction;
30         3.  Summer reading camps for students who score at
31  Level 1 on the FCAT;
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 1         4.  Supplemental instructional materials that are
 2  grounded in scientifically based reading research; and
 3         5.  Intensive interventions for middle-school and
 4  secondary-school students who are reading below grade level.
 5         (d)  Annually, by a date determined by the Department
 6  of Education, school districts shall submit a plan in the
 7  format prescribed by the department for review and approval
 8  from the Just Read, Florida! Office created under s. 1001.215.
 9  Upon approval of a school district's plan by the Just Read,
10  Florida! Office, the Department of Education shall release the
11  school district's allocation of appropriated funds pursuant to
12  chapter 216.  The funds may not be released unless a school
13  district's plan has been approved, and the department may
14  withhold funding if a plan is not implemented as approved.
15         (10)(9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH
16  DISTRICT FOR CURRENT OPERATION.--The total annual state
17  allocation to each district for current operation for the FEFP
18  shall be distributed periodically in the manner prescribed in
19  the General Appropriations Act.
20         (a)  The basic amount for current operation for the
21  FEFP as determined in subsection (1), multiplied by the
22  district cost differential factor as determined in subsection
23  (2), plus the amounts provided for categorical components
24  within the FEFP, plus the amount for the sparsity supplement
25  as determined in subsection (6), the decline in full-time
26  equivalent students as determined in subsection (7), and the
27  quality assurance guarantee as determined in subsection (8),
28  and the research-based reading-instruction allocation as
29  determined under subsection (9), less the required local
30  effort as determined in subsection (4). If the funds
31  appropriated for the purpose of funding the total amount for
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 1  current operation as provided in this paragraph are not
 2  sufficient to pay the state requirement in full, the
 3  department shall prorate the available state funds to each
 4  district in the following manner:
 5         1.  Determine the percentage of proration by dividing
 6  the sum of the total amount for current operation, as provided
 7  in this paragraph for all districts collectively, and the
 8  total district required local effort into the sum of the state
 9  funds available for current operation and the total district
10  required local effort.
11         2.  Multiply the percentage so determined by the sum of
12  the total amount for current operation as provided in this
13  paragraph and the required local effort for each individual
14  district.
15         3.  From the product of such multiplication, subtract
16  the required local effort of each district; and the remainder
17  shall be the amount of state funds allocated to the district
18  for current operation.
19         (b)  The amount thus obtained shall be the net annual
20  allocation to each school district. However, if it is
21  determined that any school district received an
22  underallocation or overallocation for any prior year because
23  of an arithmetical error, assessment roll change, full-time
24  equivalent student membership error, or any allocation error
25  revealed in an audit report, the allocation to that district
26  shall be appropriately adjusted. Beginning with audits for the
27  2001-2002 fiscal year, if the adjustment is the result of an
28  audit finding in which group 2 FTE are reclassified to the
29  basic program and the district weighted FTE are over the
30  weighted enrollment ceiling for group 2 programs, the
31  adjustment shall not result in a gain of state funds to the
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 1  district. If the Department of Education audit adjustment
 2  recommendation is based upon controverted findings of fact,
 3  the Commissioner of Education is authorized to establish the
 4  amount of the adjustment based on the best interests of the
 5  state.
 6         (c)  The amount thus obtained shall represent the net
 7  annual state allocation to each district; however,
 8  notwithstanding any other provision of this section of the
 9  provisions herein, each district shall be guaranteed a minimum
10  level of funding in the amount and manner prescribed in the
11  General Appropriations Act.
12         Section 34.  Section 1011.6855, Florida Statutes, is
13  created to read:
14         1011.6855  Minimum instructional personnel salary and
15  class size reduction; operating categorical fund.--
16         (1)  Effective upon the passage of an amendment to s.
17  1, Art. IX of the State Constitution to create district
18  average maximum class sizes, there is created an operating
19  categorical fund for implementing the average maximum class
20  sizes and implementing the provisions of this section relating
21  to instructional personnel salary.
22         (2)  The funds appropriated to the operating
23  categorical fund created under subsection (1) shall be used to
24  provide:
25         (a)  Minimum salary of $35,000 or more as specified by
26  the General Appropriations Act for all full-time, certified
27  instructional personnel identified in s. 1012.01(2)(a)-(d).
28         (b)  Elevation funds of at least $2,000 or as specified
29  in the General Appropriations Act to increase the salary of
30  all full-time, certified instructional personnel identified in
31  
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 1  s. 1012.01(2)(a)-(d) to a level at or above the minimum
 2  salary.
 3         (3)  After the obligations set forth in paragraphs
 4  (2)(a) and (b) have been met, the remaining funds must be used
 5  to reduce the district average class size until it meets the
 6  requirements specified in the State Constitution.
 7         Section 35.  Subsection (6) is added to section
 8  1012.21, Florida Statutes, to read:
 9         1012.21  Department of Education duties; K-12
10  personnel.--
11         (6)  REPORTING.--The Department of Education shall
12  annually post on-line the collective bargaining contracts of
13  each school district in the state which the department has
14  received under s. 1012.22. The department shall prescribe the
15  format in which district school boards must provide the
16  information.
17         Section 36.  Paragraph (c) of subsection (1) of section
18  1012.22, Florida Statutes, is amended read:
19         1012.22  Public school personnel; powers and duties of
20  the district school board.--The district school board shall:
21         (1)  Designate positions to be filled, prescribe
22  qualifications for those positions, and provide for the
23  appointment, compensation, promotion, suspension, and
24  dismissal of employees as follows, subject to the requirements
25  of this chapter:
26         (c)  Compensation and salary schedules.--
27         1.  The district school board shall adopt a salary
28  schedule or salary schedules designed to furnish incentives
29  for improvement in training and for continued efficient
30  service to be used as a basis for paying all school employees
31  
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 1  and fix and authorize the compensation of school employees on
 2  the basis thereof.
 3         2.  A district school board, in determining the salary
 4  schedule for instructional personnel, must base a portion of
 5  each employee's compensation on performance demonstrated under
 6  s. 1012.34, must consider the prior teaching experience of a
 7  person who has been designated state teacher of the year by
 8  any state in the United States, and must consider prior
 9  professional experience in the field of education gained in
10  positions in addition to district level instructional and
11  administrative positions.
12         3.  In developing the salary schedule, the district
13  school board shall seek input from parents, teachers, and
14  representatives of the business community.
15         4.a.  Beginning with the 2002-2003 fiscal year, Each
16  district school board must adopt a performance-pay policy for
17  school administrators and instructional personnel. The
18  district's performance-pay policy is subject to negotiation as
19  provided in chapter 447; however, the adopted salary schedule
20  must allow school administrators and instructional personnel
21  who demonstrate outstanding performance, as measured under s.
22  1012.34, to earn a 5-percent supplement in addition to their
23  individual, negotiated salary. The supplements shall be funded
24  from the performance-pay reserve funds adopted in the salary
25  schedule. Beginning with the 2004-2005 academic year, The
26  district's 5-percent performance-pay policy must provide for
27  the evaluation of classroom teachers based on the level of
28  their responsibilities within each level of the salary career
29  ladder provided in s. 1012.231.
30         b.  The Commissioner of Education shall determine
31  whether the district school board's adopted salary schedule
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 1  complies with the requirement for performance-based pay. If
 2  the district school board fails to comply with this section,
 3  the commissioner shall recommend to the State Board of
 4  Education that the board withhold disbursements from the
 5  Educational Enhancement Trust Fund to the district until
 6  compliance is verified, and the board may do so.
 7         5.a.  Beginning with the 2005-2006 fiscal year, each
 8  district school board shall adopt a differentiated-pay policy
 9  for school administrators and instructional personnel. The
10  policy with respect to instructional personnel is subject to
11  negotiation as provided in chapter 447; however, the adopted
12  salary schedule must allow school administrators and
13  instructional personnel to receive differentiated pay based
14  upon factors including, but not limited to:
15         (I)  The subject areas taught, with classroom teachers
16  who teach in critical shortage areas receiving higher pay;
17         (II)  The economic demographics of the school, with
18  school administrators and instructional personnel in schools
19  that have a majority of students who qualify for free or
20  reduced-price lunches receiving higher pay;
21         (III)  The performance of school administrators and
22  instructional personnel as provided in subparagraph 4.; and
23         (IV)  The responsibilities of the classroom teacher.
24         b.  The district school board must hold a public
25  hearing at which the board must present its proposed
26  differentiated-pay policy and the rationale supporting the
27  differentiated-pay classifications as proposed, consistent
28  with this subparagraph's differentiated-pay factors.
29         c.  The Commissioner of Education shall determine
30  whether the district school board's adopted salary schedule
31  complies with the requirement for differentiated pay.  If the
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 1  district school board does not adopt a differentiated-pay
 2  scale, the commissioner shall recommend to the State Board of
 3  Education that the board withhold disbursements from the
 4  Educational Enhancement Trust Fund to the district until
 5  compliance is verified, and the board may do so.
 6         Section 37.  Section 1012.2305, Florida Statutes, is
 7  created to read:
 8         1012.2305  Minimum instructional personnel salary.--
 9         (1)  LEGISLATIVE INTENT.--The Legislature recognizes
10  that higher pay does not guarantee high-quality performance in
11  education.  The Legislature also recognizes that competitive
12  pay, differential pay, and performance incentives are
13  necessary to attract and retain the highest-quality teachers
14  and that the prospects of higher pay and career opportunities
15  are important to attract talented individuals into the field
16  of teaching.
17         (2)  MINIMUM SALARY FOR INSTRUCTIONAL
18  PERSONNEL.--Contingent upon the passage of an amendment to s.
19  1, Art. IX of the State Constitution to create district
20  average maximum class sizes and establish minimum salary for
21  instructional personnel, the minimum salary for full-time
22  instructional personnel as defined in s. 1012.01(2)(a)-(d) in
23  this state shall be $35,000 and shall be established by the
24  Legislature to remain above the national average public school
25  teacher beginning salary.
26         Section 38.  Section 1012.2315, Florida Statutes, is
27  created to read:
28         1012.2315  Assignment of teachers.--
29         (1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
30  finds disparity between teachers assigned to teach in a
31  majority of "A" schools compared with those assigned to teach
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 1  in a majority of "F" schools.  The disparity can be found in
 2  the average years of experience, the median salary, and the
 3  performance of the teachers on teacher certification exams.
 4  It is the intent of the Legislature that district school
 5  boards have flexibility through the collective bargaining
 6  process to assign teachers more equitably to schools
 7  throughout the district.
 8         (2)  ASSIGNMENT TO "D" AND "F" SCHOOLS.--School
 9  districts may not assign a higher percentage than the school
10  district average of first-time teachers, temporarily certified
11  teachers, teachers in need of improvement, or out-of-field
12  teachers to schools that have more than the school district
13  average of minority and economically disadvantaged students or
14  to schools that are graded "D" or "F." Each school district
15  shall annually certify to the Commissioner of Education that
16  this requirement has been met.  If the commissioner determines
17  that a school district is not in compliance with this section,
18  the State Board of Education shall be notified and shall take
19  action in the next regularly scheduled meeting to require
20  compliance.
21         (3)  SALARY INCENTIVES.--District school boards may
22  provide salary incentives to meet this requirement.
23         (4)  COLLECTIVE BARGAINING.--Notwithstanding chapter
24  447, no provision of collective bargaining may preclude a
25  school district from assigning high-quality teachers to teach
26  in low-performing schools.
27         Section 39.  Section 1012.72, Florida Statutes, is
28  amended to read:
29         1012.72  Dale Hickam Excellent Teaching Program.--
30         (1)  The Legislature recognizes that teachers play a
31  critical role in preparing students to achieve the high levels
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 1  of academic performance expected by the Sunshine State
 2  Standards. The Legislature further recognizes the importance
 3  of identifying and rewarding teaching excellence and of
 4  encouraging good teachers to become excellent teachers. The
 5  Legislature finds that the National Board of Professional
 6  Teaching Standards (NBPTS) has established high and rigorous
 7  standards for accomplished teaching and has developed a
 8  national voluntary system for assessing and certifying
 9  teachers who demonstrate teaching excellence by meeting those
10  standards. It is therefore the Legislature's intent to provide
11  incentives for teachers to seek NBPTS certification and to
12  reward teachers who demonstrate teaching excellence by
13  attaining NBPTS certification and sharing their expertise with
14  other teachers.
15         (2)  The Dale Hickam Excellent Teaching Program is
16  created to provide categorical funding for monetary incentives
17  and bonuses for teaching excellence. The Department of
18  Education shall distribute to each school district or to the
19  NBPTS an amount as prescribed annually by the Legislature for
20  the Dale Hickam Excellent Teaching Program. For purposes of
21  this section, the Florida School for the Deaf and the Blind
22  shall be considered a school district. Unless otherwise
23  provided in the General Appropriations Act, each distribution
24  shall be the sum of the amounts earned for the following
25  incentives and bonuses:
26         (a)  A fee subsidy to be paid by the Department of
27  Education to the NBPTS on behalf of each individual who is an
28  employee of a district school board or a public school within
29  the school district, who is certified by the district to have
30  demonstrated satisfactory teaching performance pursuant to s.
31  1012.34 and who satisfies the prerequisites for participating
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 1  in the NBPTS certification program, and who agrees, in
 2  writing, to pay 10 percent of the NBPTS participation fee and
 3  to participate in the NBPTS certification program during the
 4  school year for which the fee subsidy is provided. The fee
 5  subsidy for each eligible participant shall be an amount equal
 6  to 90 percent of the fee charged for participating in the
 7  NBPTS certification program. The fee subsidy is a one-time
 8  award and may not be duplicated for any individual.
 9         (b)  A portfolio-preparation incentive of $150 paid by
10  the Department of Education to each teacher employed by a
11  district school board or a public school within a school
12  district who is participating in the NBPTS certification
13  program. The portfolio-preparation incentive is a one-time
14  award paid during the school year for which the NBPTS fee
15  subsidy is provided.
16         (c)  An annual bonus equal to 10 percent of the prior
17  fiscal year's statewide average salary for classroom teachers
18  to be distributed to the school district to be paid to each
19  individual who holds NBPTS certification and is employed by
20  the district school board or by a public school within the
21  school district. The district school board shall distribute
22  the annual bonus to each individual who meets the requirements
23  of this paragraph and who is certified annually by the
24  district to have demonstrated satisfactory teaching
25  performance pursuant to s. 1012.34. The annual bonus may be
26  paid as a single payment or divided into not more than three
27  payments.
28         (d)  An annual bonus equal to 10 percent of the prior
29  fiscal year's statewide average salary for classroom teachers
30  to be distributed to the school district to be paid to each
31  individual who meets the requirements of paragraph (c) and
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 1  agrees, in writing, to provide the equivalent of 12 workdays
 2  of mentoring and related services to public school teachers
 3  within the state who do not hold NBPTS certification. Related
 4  services must include instruction in helping teachers work
 5  more effectively with the families of their students. The
 6  district school board shall distribute the annual bonus in a
 7  single payment following the completion of all required
 8  mentoring and related services for the year. It is not the
 9  intent of the Legislature to remove excellent teachers from
10  their assigned classrooms; therefore, credit may not be
11  granted by a school district or public school for mentoring or
12  related services provided during student contact time during
13  the 196 days of required service for the school year.
14         (e)  The employer's share of social security and
15  Medicare taxes and Florida Retirement System contributions for
16  those teachers who qualify for NBPTS certification and receive
17  bonus amounts.
18  
19  A teacher for whom the state pays the certification fee and
20  who does not complete the certification program or does not
21  teach in a public school of this state for at least 1 year
22  after completing the certification program must repay the
23  amount of the certification fee to the state. However, a
24  teacher who completes the certification program but fails to
25  be awarded NBPTS certification is not required to repay the
26  amount of the certification fee if the teacher meets the
27  1-year teaching requirement. Repayment is not required of a
28  teacher who does not complete the certification program or
29  fails to fulfill the teaching requirement because of the
30  teacher's death or disability or because of other extenuating
31  circumstances as determined by the State Board of Education.
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 1         (3)(a)  In addition to any other remedy available under
 2  the law, any person who is a recipient of a certification fee
 3  subsidy paid to the NBPTS and who is an employee of the state
 4  or any of its political subdivisions is considered to have
 5  consented, as a condition of employment, to the voluntary or
 6  involuntary withholding of wages to repay to the state the
 7  amount of such a certification fee subsidy awarded under this
 8  section. Any such employee who defaults on the repayment of
 9  such a certification fee subsidy must, within 60 days after
10  service of a notice of default by the Department of Education
11  to the employee, establish a repayment schedule which must be
12  agreed to by the department and the employee, for repaying the
13  defaulted sum through payroll deductions. The department may
14  not require the employee to pay more than 10 percent of the
15  employee's pay per pay period under such a repayment schedule
16  or plan. If the employee fails to establish a repayment
17  schedule within the specified period of time or fails to meet
18  the terms and conditions of the agreed upon or approved
19  repayment schedule as authorized by this subsection, the
20  employee has breached an essential condition of employment and
21  is considered to have consented to the involuntary withholding
22  of wages or salary for the repayment of the certification fee
23  subsidy.
24         (b)  A person who is employed by the state, or any of
25  its political subdivisions, may not be dismissed for having
26  defaulted on the repayment of the certification fee subsidy to
27  the state.
28         (4)  The Dale Hickam Excellent Teaching Program Trust
29  Fund shall be administered by the Department of Education
30  pursuant to s. 1010.72.
31  
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 1         (5)  The Council for Education Policy Research and
 2  Improvement shall conduct research to evaluate the benefits
 3  and effectiveness of the program.
 4         (6)(4)  The State Board of Education may adopt rules
 5  pursuant to ss. 120.536 and 120.54 as necessary to administer
 6  the provisions for payment of the fee subsidies, incentives,
 7  and bonuses and for the repayment of defaulted certification
 8  fee subsidies under this section.
 9         (5)  The Dale Hickam Excellent Teaching Program Trust
10  Fund shall be administered by the Department of Education
11  pursuant to s. 1010.72.
12         Section 40.  Section 1012.986, Florida Statutes, is
13  created to read:
14         1012.986  Professional development for school
15  leaders.--
16         (1)  SHORT TITLE.--This section may be cited as the
17  DELTA (Developing Educational Leaders for Tomorrow's
18  Achievers) Act.
19         (2)  CREATION OF PROGRAM.--There is created the DELTA
20  Program which shall be administered by the Department of
21  Education. The program shall be a high-quality,
22  competency-based, customized, comprehensive, and coordinated
23  statewide professional development program to provide
24  leadership training opportunities for school leaders to enable
25  them to be more effective instructional leaders, especially in
26  the area of reading. The program shall provide school leaders
27  with the opportunity to attain a school leadership designation
28  pursuant to subsection (4).
29         (3)  DEFINITION.--As used in this section, the term
30  "school leader" means a school principal or assistant
31  
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 1  principal who holds a valid Florida certificate in educational
 2  leadership.
 3         (4)  LEADERSHIP DESIGNATIONS.--The Department of
 4  Education shall determine annually, in collaboration with
 5  school principals, thresholds for different leadership
 6  designations. Criteria for school leadership designations
 7  shall be based on the following point system:
 8         (a)  One point for each percent increase over the
 9  previous year, by grade, of students who score at or above
10  FCAT Level 3 in reading;
11         (b)  One point for each percent increase over the
12  previous year, by grade, of students who score at or above
13  FCAT Level 3 in math;
14         (c)  One point for each percent increase over the
15  previous year, by school, of students who score 3.5 or higher
16  on FCAT writing;
17         (d)  One point for each percent increase over the
18  previous year of students making learning gains in reading;
19         (e)  One point for each percent increase over the
20  previous year of students making learning gains in math;
21         (f)  One point for each percent increase over the
22  previous year of the lowest quartile making learning gains in
23  reading.
24         (5)  DELTA PROGRAM REQUIREMENTS.--
25         (a)  The DELTA Program shall be based upon the
26  leadership standards adopted by the State Board of Education,
27  the standards of the National Staff Development Council, and
28  the federal requirements for high-quality professional
29  development under the No Child Left Behind Act of 2001.
30         (b)  The DELTA Program shall provide a competency-based
31  approach that uses prediagnostic and post-diagnostic
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 1  evaluations that shall be used to create an individualized
 2  professional development plan approved by the district school
 3  superintendent. The plan must be structured to support the
 4  school leader's attainment of the leadership standards adopted
 5  by the State Board of Education.
 6         (c)  The DELTA Program shall incorporate training in
 7  instructional leadership and effective business practices for
 8  efficient school operations in school leadership training
 9  based on best practices of current effective leadership
10  training in school districts.
11         (6)  DELIVERY SYSTEM.--The Department of Education
12  shall deliver the DELTA Program through multiple delivery
13  systems, including:
14         (a)  Approved school district training programs;
15         (b)  Interactive technology-based instruction; and
16         (c)  State, regional, or local leadership academies.
17         (7)  RULES.--The State Board of Education shall adopt
18  rules under ss. 120.536(1) and 120.54 to administer this
19  section.
20         Section 41.  Sections 1012.987 and 1012.231, Florida
21  Statutes, are repealed.
22         Section 42.  Sections 1003.03 and 1011.685, Florida
23  Statutes, are repealed effective upon the effective date of
24  amendments to the class size requirements provided in Section
25  1 of Article IX of the State Constitution.
26         Section 43.  If any provision of this act or the
27  application thereof to any person or circumstance is held
28  invalid, the invalidity does not affect other provisions or
29  applications of the act which can be given effect without the
30  invalid provision or application, and to this end the
31  provisions of this act are declared severable.
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 1         Section 44.  Except as otherwise expressly provided in
 2  this act, this act shall take effect upon becoming a law.
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2480
 3                                 
 4  The committee substitute:
 5  Eliminates the creation of the Division of Accountability,
    Research, and Measurement within the Department of Education;
 6  
    Deletes the Teacher's Sunshine Connection Technology
 7  Initiative;
 8  Restores the Council for Education Policy Research and
    Improvement (CEPRI) to current law;
 9  
    Eliminates the public records exemption of the academic level
10  of private schools participating in educational scholarship
    programs;
11  
    Requires level 2 background screening for private schools
12  participating in scholarship programs prior to employing staff
    who have unsupervised access to students;
13  
    Requires that private schools participating in scholarship
14  programs conduct instruction at the school's physical site;
15  Requires the Commissioner of Education to revoke private
    school participation in the educational scholarship program in
16  the event of fraud or imminent danger to the health, safety,
    and welfare of students;
17  
    Authorizes the Department of Education to investigate
18  anonymous complaints of private schools participating in
    scholarship programs;
19  
    Eliminates a prohibition on school districts from beginning
20  the school calendar prior to August 1;
21  Provides school and program choice preferences to students of
    transitioning military families, provided that space is
22  available and eliminates charter schools from the special
    choice preference;
23  
    Establishes the High School Reform Act and Task Force to
24  deliver recommendations to enhance high school curriculum and
    postsecondary choices;
25  
    Requires middle school students scoring at Level 3 to be
26  enrolled in an intensive reading course;
27  Requires additional emphasis be given to study of U.S. History
    and encourages the Department of Education to pursue inclusion
28  of social studies as a part of the Florida Comprehensive
    Assessment Test (FCAT);
29  
    Repeals the accelerated high school graduation option;
30  
    Requires academic performance data on Department of Juvenile
31  Justice students to determine annual yearly progress (AYP)
    status;
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    Florida Senate - 2005                           CS for SB 2480
    581-2076-05
 1  Requires the grading of alternative schools and the
    Commissioner of Education to report annually on their
 2  performance;
 3  Requires alternative school student test scores to be
    attributable to the grades of both the originating school and
 4  the alternative school and provides exceptions;
 5  Assigns grades to combination schools not previously graded
    based on certain feeder patterns;
 6  
    Eliminates school advisory councils in the decision-making
 7  process as to how School Recognition funds will be allocated;
 8  Provides leadership designations within the Developing
    Educational Leaders for Tomorrow's Achievers (DELTA) program
 9  to be based on student learning gains as opposed to school
    grades;
10  
    Requires all private schools participating in the educational
11  scholarship programs to administer or make provisions for
    administering a nationally norm-referenced assessment
12  comparable to the Florida Comprehensive Assessment Test as
    identified by the Department of Education;and
13  
    Exempts students with disabilities, when appropriate, from
14  standardized testing but requires an annual assessment to be
    determined by parents and staff.
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                 103
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