HB 0799

1	A bill to be entitled
2	An act relating to public school student progression;
3	amending s. 1008.25, F.S.; revising the components of
4	school district student progression programs; eliminating
5	guidelines for allocating school district remedial and
6	supplemental instruction resources; providing for the
7	retention of students under specified circumstances;
8	eliminating mandatory retention requirements for certain
9	students in grade 3; eliminating midyear promotion;
10	providing procedures for parental requests for retention;
11	providing for appeals; eliminating standards for exemption
12	from mandatory retention, to conform; revising the
13	parental notification requirements; revising guidelines
14	for remedial reading instruction and intervention
15	strategies; revising the purpose of the Reading
16	Enhancement and Acceleration Development Initiative;
17	revising the eligibility criteria for the Intensive
18	Acceleration Class; revising the requirements for reports
19	by district school boards specifying required rules;
20	amending s. 1002.20, F.S.; conforming a cross reference;
21	amending s. 1002.23, F.S., to conform; requiring the State
22	Board of Education to initiate the adoption of rules by a
23	time certain; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Section 1008.25, Florida Statutes, is amended
28	to read:
29	1008.25  Public school student progression; remedial
30	instruction; reporting requirements.--
31	(1)  INTENT.--It is the intent of the Legislature that each
32	student's progression from one grade to another be determined,
33	in part, upon proficiency in reading, writing, science, and
34	mathematics; that district school board policies facilitate such
35	proficiency; and that each student and his or her parent be
36	informed of that student's academic progress.
37	(2)  COMPREHENSIVE PROGRAM.--Each district school board
38	shall establish a comprehensive program for student progression
39	which must include:
40	(a)  Standards for evaluating each student's performance,
41	including how well he or she masters the performance standards
42	approved by the State Board of Education.
43	(b)  Specific levels of performance in reading, writing,
44	science, and mathematics for each grade level, including the
45	levels of performance on statewide assessments as defined by the
46	commissioner, below which a student must receive remediation, or
47	be retained within an intensive program that is different from
48	the previous year's program and that takes into account the
49	student's learning style.
50	(c)  Appropriate alternative placement for a student who
51	has been retained 2 or more years.
52	(3)  ALLOCATION OF RESOURCES.--District school boards shall
53	allocate remedial and supplemental instruction resources to
54	students in the following priority:
55	(a)  Students who are deficient in reading by the end of
56	grade 3.
57	(b)  Students who fail to meet performance levels required
58	for promotion consistent with the district school board's plan
59	for student progression required in paragraph (2)(b).
60	(3)(4)  ASSESSMENT AND REMEDIATION.--
61	(a)  Each student must participate in the statewide
62	assessment tests required by s. 1008.22. Each student who does
63	not meet specific levels of performance as determined by the
64	district school board in reading, writing, science, and
65	mathematics for each grade level, or who does not meet specific
66	levels of performance as determined by the commissioner on
67	statewide assessments at selected grade levels, must be provided
68	with additional diagnostic assessments to determine the nature
69	of the student's difficulty and areas of academic need.
70	(b)  The school in which the student is enrolled must
71	develop, in consultation with the student's parent, and must
72	implement an academic improvement plan designed to assist the
73	student in meeting state and district expectations for
74	proficiency. For a student for whom a personalized middle school
75	success plan is required pursuant to s. 1003.415, the middle
76	school success plan must be incorporated in the student's
77	academic improvement plan. Beginning with the 2002-2003 school
78	year, if the student has been identified as having a deficiency
79	in reading, the academic improvement plan shall identify the
80	student's specific areas of deficiency in phonemic awareness,
81	phonics, fluency, comprehension, and vocabulary; the desired
82	levels of performance in these areas; and the instructional and
83	support services to be provided to meet the desired levels of
84	performance. Schools shall also provide for the frequent
85	monitoring of the student's progress in meeting the desired
86	levels of performance. District school boards shall assist
87	schools and teachers to implement research-based reading
88	activities that have been shown to be successful in teaching
89	reading to low-performing students. Remedial instruction
90	provided during high school may not be in lieu of English and
91	mathematics credits required for graduation.
92	(c)  Upon subsequent evaluation, if the documented
93	deficiency has not been remediated in accordance with the
94	academic improvement plan, the student may be retained as
95	provided in subsection (5). Each student who does not meet the
96	minimum performance expectations defined by the Commissioner of
97	Education for the statewide assessment tests in reading,
98	writing, science, and mathematics must continue to be provided
99	with remedial or supplemental instruction until the expectations
100	are met or the student graduates from high school or is not
101	subject to compulsory school attendance.
102	(4)(5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.--
103	(a)  It is the ultimate goal of the Legislature that every
104	student read at or above grade level. Any student who exhibits a
105	substantial deficiency in reading, based upon locally determined
106	or statewide assessments conducted in kindergarten or grade 1,
107	grade 2, or grade 3, or through teacher observations, must be
108	given intensive reading instruction immediately following the
109	identification of the reading deficiency. The student's reading
110	proficiency must be reassessed by locally determined assessments
111	or through teacher observations at the beginning of the grade
112	following the intensive reading instruction. The student must
113	continue to be provided with intensive reading instruction until
114	the reading deficiency is remedied.
115	(b)  Beginning with the 2005-2006 2002-2003 school year, if
116	the student's reading deficiency, as identified in paragraph
117	(a), is not remedied by the end of grade 3, as demonstrated by
118	scoring at Level 2 or higher on the statewide assessment test in
119	reading for grade 3, the student may must be retained as
120	provided in subsection (5).
121	(c)  The parent of any student who exhibits a substantial
122	deficiency in reading, as described in paragraph (a), must be
123	notified in writing of the following:
124	1.  That his or her child has been identified as having a
125	substantial deficiency in reading.
126	2.  A description of the current services that are provided
127	to the child.
128	3.  A description of the proposed supplemental
129	instructional services and supports that will be provided to the
130	child that are designed to remediate the identified area of
131	reading deficiency.
132	4.  That if the child's reading deficiency is not
133	remediated by the end of the child's grade level grade 3, the
134	child may must be retained as provided in subsection (5) unless
135	he or she is exempt from mandatory retention for good cause.
136	5.  Strategies for parents to use in helping their child
137	succeed in reading proficiency.
138	6.  That the Florida Comprehensive Assessment Test (FCAT)
139	is not the sole determiner of promotion and that additional
140	evaluations, portfolio reviews, and assessments are available to
141	the child to assist parents and the school district in knowing
142	when a child is reading at or above grade level and ready for
143	grade promotion.
144	7.  The district's specific criteria and policies for
145	midyear promotion. Midyear promotion means promotion of a
146	retained student at any time during the year of retention once
147	the student has demonstrated ability to read at grade level.
148	(5)(6)  ELIMINATION OF SOCIAL PROMOTION; RETENTION;
149	APPEALS.--
150	(a)  A No student may not be assigned to a grade level
151	based solely on age or other factors that constitute social
152	promotion.
153	(b)  The district school board may retain only exempt
154	students only from mandatory retention, as provided in this
155	subsection paragraph (5)(b), for good cause. Good cause
156	exemptions shall be limited to the following:
157	1.  Limited English proficient students who have had less
158	than 2 years of instruction in an English for Speakers of Other
159	Languages program.
160	2.  Students with disabilities whose individual education
161	plan indicates that participation in the statewide assessment
162	program is not appropriate, consistent with the requirements of
163	State Board of Education rule.
164	3.  Students who demonstrate an acceptable level of
165	performance on an alternative standardized reading assessment
166	approved by the State Board of Education.
167	4.  Students who demonstrate, through a student portfolio,
168	that the student is reading on grade level as evidenced by
169	demonstration of mastery of the Sunshine State Standards in
170	reading equal to at least a Level 2 performance on the FCAT.
171	5.  Students with disabilities who participate in the FCAT
172	and who have an individual education plan or a Section 504 plan
173	that reflects that the student has received the intensive
174	remediation in reading, as required by paragraph (4)(b), for
175	more than 2 years but still demonstrates a deficiency in reading
176	and was previously retained in kindergarten, grade 1, grade 2,
177	or grade 3.
178	6.  Students who have received the intensive remediation in
179	reading as required by paragraph (4)(b) for 2 or more years but
180	still demonstrate a deficiency in reading and who were
181	previously retained in kindergarten, grade 1, grade 2, or grade
182	3 for a total of 2 years. Intensive reading instruction for
183	students so promoted must include an altered instructional day
184	based upon an academic improvement plan that includes
185	specialized diagnostic information and specific reading
186	strategies for each student. The district school board shall
187	assist schools and teachers to implement reading strategies that
188	research has shown to be successful in improving reading among
189	low-performing readers.
190	(c)  Written requests for the retention of a student must
191	good cause exemptions for students from the mandatory retention
192	requirement as described in subparagraphs (b)3. and 4. shall be
193	made consistent with the following:
194	1.  Documentation must shall be submitted from the
195	student's teacher to the school principal which that indicates
196	that the retention promotion of the student is appropriate and
197	is based upon the student's academic record.  In order to
198	minimize paperwork requirements, such documentation must shall
199	consist only of the existing academic improvement plan,
200	individual educational plan, if applicable, report card, or
201	student portfolio.
202	2.  The school principal shall review the parent's request
203	and the teacher's recommendation and discuss the such
204	recommendation with:
205	a.  The teacher;
206	b.  The parent;
207	c.  A representative of the school district who is
208	qualified to provide or supervise the provision of specially
209	designed instruction to meet the unique needs of the student, is
210	knowledgeable about the general curriculum, and is knowledgeable
211	about the availability of resources of the school district; and
212	d.  Other individuals, at the discretion of the parent or
213	the school district, who have knowledge or special expertise
214	regarding the student. The determination of the knowledge or
215	special expertise of any such individual shall be made by the
216	party who invited the individual to be a part of the discussion.
217
218	The school principal shall and make the determination as to
219	whether the student should be promoted or retained. If the
220	school principal determines that the student should be promoted,
221	the school principal shall make such recommendation in writing
222	to the district school superintendent. The district school
223	superintendent shall accept or reject the school principal's
224	recommendation in writing.
225	3.  The parent may appeal the decision of the district
226	school superintendent to the district school board.
227	(6)(7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.--
228	(a)  Students who have a substantial reading deficiency as
229	determined under paragraph (4)(a) retained under the provisions
230	of paragraph (5)(b) must be provided intensive interventions in
231	reading to ameliorate the student's specific reading deficiency,
232	as identified by a valid and reliable diagnostic assessment.
233	This intensive intervention must include effective instructional
234	strategies, participation in the school district's summer
235	reading camp, and appropriate teaching methodologies necessary
236	to assist those students in becoming successful readers who are,
237	able to read at or above grade level, and ready for promotion to
238	the next grade.
239	(b)  Beginning with the 2004-2005 school year, each school
240	district shall:
241	1.  Conduct a review of student academic improvement plans
242	for all students who did not score above Level 1 on the reading
243	portion of the FCAT and did not meet the criteria for one of the
244	good cause exemptions in paragraph (6)(b). The review shall
245	address additional supports and services, as described in this
246	subsection, needed to remediate the identified areas of reading
247	deficiency. The school district shall require a student
248	portfolio to be completed for each such student.
249	2.  Provide students who are retained under the provisions
250	of paragraph (5)(b) with intensive instructional services and
251	supports to remediate the identified areas of reading
252	deficiency, including a minimum of 90 minutes of daily,
253	uninterrupted, scientifically research-based reading instruction
254	and other strategies prescribed by the school district, which
255	may include, but are not limited to:
256	a.  Small group instruction.
257	b.  Reduced teacher-student ratios.
258	c.  More frequent progress monitoring.
259	d.  Tutoring or mentoring.
260	e.  Transition classes containing 3rd and 4th grade
261	students.
262	f.  Extended school day, week, or year.
263	g.  Summer reading camps.
264	3.  Provide written notification to the parent of any
265	student who is identified as having a substantial reading
266	deficiency under paragraph (4)(a) retained under the provisions
267	of paragraph (5)(b) that his or her child has not met the
268	proficiency level required for promotion and the reasons the
269	child is not eligible for a good cause exemption as provided in
270	paragraph (6)(b). The notification must comply with the
271	provisions of s. 1002.20(14) and must include a description of
272	proposed interventions and supports that will be provided to the
273	child to remediate the identified areas of reading deficiency.
274	4.  Implement a policy for the midyear promotion of any
275	student retained under the provisions of paragraph (5)(b) who
276	can demonstrate that he or she is a successful and independent
277	reader, reading at or above grade level, and ready to be
278	promoted to grade 4. Tools that school districts may use in
279	reevaluating any student retained may include subsequent
280	assessments, alternative assessments, and portfolio reviews, in
281	accordance with rules of the State Board of Education. Students
282	promoted during the school year after November 1 must
283	demonstrate proficiency above that required to score at Level 2
284	on the grade 3 FCAT, as determined by the State Board of
285	Education. The State Board of Education shall adopt standards
286	that provide a reasonable expectation that the student's
287	progress is sufficient to master appropriate 4th grade level
288	reading skills.
289	4.5.  Provide students who are identified as having a
290	substantial reading deficiency under paragraph (4)(a) retained
291	under the provisions of paragraph (5)(b) with a high-performing
292	teacher as determined by student performance data and above-
293	satisfactory performance appraisals.
294	5.6.  In addition to required reading enhancement and
295	acceleration strategies, provide parents of students identified
296	as having a substantial reading deficiency to be retained with
297	at least one of the following instructional options:
298	a.  Supplemental tutoring in scientifically research-based
299	reading services in addition to the regular reading block,
300	including tutoring before and/or after school.
301	b.  A "Read at Home" plan outlined in a parental contract,
302	including participation in "Families Building Better Readers
303	Workshops" and regular parent-guided home reading.
304	c.  A mentor or tutor with specialized reading training.
305	6.7.  Establish a Reading Enhancement and Acceleration
306	Development (READ) Initiative. The focus of the READ Initiative
307	shall be to prevent the retention of grade 3 students and to
308	offer intensive accelerated reading instruction to grade 3
309	students who failed to meet standards for promotion to grade 4
310	and to each K-3 student who is assessed as exhibiting a reading
311	deficiency. The READ Initiative shall:
312	a.  Be provided to all K-3 students at risk of not meeting
313	grade level expectations retention as identified by the
314	statewide assessment system used in Reading First schools. The
315	assessment must measure phonemic awareness, phonics, fluency,
316	vocabulary, and comprehension.
317	b.  Be provided during regular school hours in addition to
318	the regular reading instruction.
319	c.  Provide a state-identified reading curriculum that has
320	been reviewed by the Florida Center for Reading Research at
321	Florida State University and meets, at a minimum, the following
322	specifications:
323	(I)  Assists students assessed as exhibiting a reading
324	deficiency in developing the ability to read at grade level.
325	(II)  Provides skill development in phonemic awareness,
326	phonics, fluency, vocabulary, and comprehension.
327	(III)  Provides scientifically based and reliable
328	assessment.
329	(IV)  Provides initial and ongoing analysis of each
330	student's reading progress.
331	(V)  Is implemented during regular school hours.
332	(VI)  Provides a curriculum in core academic subjects to
333	assist the student in maintaining or meeting proficiency levels
334	for the appropriate grade in all academic subjects.
335	7.8.  Establish at each school, where applicable, an
336	Intensive Acceleration Class for retained grade 3 students who
337	subsequently score at Level 1 on the reading portion of the
338	FCAT. The focus of the Intensive Acceleration Class shall be to
339	increase a child's reading level at least two grade levels in 1
340	school year. The Intensive Acceleration Class shall:
341	a.  Be provided to any student in grade 3 who scores at
342	Level 1 on the reading portion of the FCAT and who was retained
343	in grade 3 the prior year because of scoring at Level 1 on the
344	reading portion of the FCAT.
345	b.  Have a reduced teacher-student ratio.
346	c.  Provide uninterrupted reading instruction for the
347	majority of student contact time each day and incorporate
348	opportunities to master the grade 4 Sunshine State Standards in
349	other core subject areas.
350	d.  Use a reading program that is scientifically research-
351	based and has proven results in accelerating student reading
352	achievement within the same school year.
353	e.  Provide intensive language and vocabulary instruction
354	using a scientifically research-based program, including use of
355	a speech-language therapist.
356	f.  Include weekly progress monitoring measures to ensure
357	progress is being made.
358	g.  Report to the Department of Education, in the manner
359	described by the department, the progress of students in the
360	class at the end of the first semester.
361	8.9.  Report to the State Board of Education, as requested,
362	on the specific intensive reading interventions and supports
363	implemented at the school district level. The Commissioner of
364	Education shall annually prescribe the required components of
365	requested reports.
366	10.  Provide a student who has been retained in grade 3 and
367	has received intensive instructional services but is still not
368	ready for grade promotion, as determined by the school district,
369	the option of being placed in a transitional instructional
370	setting. Such setting shall specifically be designed to produce
371	learning gains sufficient to meet grade 4 performance standards
372	while continuing to remediate the areas of reading deficiency.
373	(7)(8)  ANNUAL REPORT.--
374	(a)  In addition to the requirements in paragraph (5)(b),
375	Each district school board must annually report to the parent of
376	each student the progress of the student toward achieving state
377	and district expectations for proficiency in reading, writing,
378	science, and mathematics. The district school board must report
379	to the parent the student's results on each statewide assessment
380	test. The evaluation of each student's progress must be based
381	upon the student's classroom work, observations, tests, district
382	and state assessments, and other relevant information. Progress
383	reporting must be provided to the parent in writing in a format
384	adopted by the district school board.
385	(b)  Beginning with the 2001-2002 school year, each
386	district school board must annually publish in the local
387	newspaper, and report in writing to the State Board of Education
388	by September 1 of each year, the following information on the
389	prior school year:
390	1.  The provisions of this section relating to public
391	school student progression and the district school board's
392	policies and procedures on student retention and promotion.
393	2.  By grade, the number and percentage of all students in
394	grades 3 through 10 performing at Levels 1 and 2 on the reading
395	portion of the FCAT.
396	3.  By grade, the number and percentage of all students
397	retained as provided in subsection (5) in grades 3 through 10.
398	4.  Information on the total number of students who were
399	promoted for good cause, by each category of good cause as
400	specified in paragraph (6)(b).
401	5.  Any revisions to the district school board's policy on
402	student retention and promotion from the prior year.
403	(8)(9)  STATE BOARD AUTHORITY AND RESPONSIBILITIES.--
404	(a)  The State Board of Education shall have authority as
405	provided in s. 1008.32 to enforce this section.
406	(b)  The State Board of Education shall adopt rules
407	pursuant to ss. 120.536(1) and 120.54 for the administration of
408	this section, including, but not limited to, rules establishing
409	procedures by which parents may appeal a decision by the
410	district school superintendent as provided in subsection (5).
411	(9)(10)  TECHNICAL ASSISTANCE.--The department shall
412	provide technical assistance as needed to aid district school
413	boards in administering this section.
414	Section 2.  Subsection (11) of section 1002.20, Florida
415	Statutes, is amended to read:
416	1002.20  K-12 student and parent rights.--Parents of public
417	school students must receive accurate and timely information
418	regarding their child's academic progress and must be informed
419	of ways they can help their child to succeed in school. K-12
420	students and their parents are afforded numerous statutory
421	rights including, but not limited to, the following:
422	(11)  STUDENTS WITH READING DEFICIENCIES.--Each elementary
423	school shall regularly assess the reading ability of each K-3
424	student. The parent of any K-3 student who exhibits a reading
425	deficiency shall be immediately notified of the student's
426	deficiency with a description and explanation, in terms
427	understandable to the parent, of the exact nature of the
428	student's difficulty in learning and lack of achievement in
429	reading; shall be consulted in the development of a detailed
430	academic improvement plan, as described in s. 1008.25(3)(b) s.
431	1008.25(4)(b); and shall be informed that the student will be
432	given intensive reading instruction until the deficiency is
433	corrected. This subsection operates in addition to the
434	remediation and notification provisions contained in s. 1008.25
435	and in no way reduces the rights of a parent or the
436	responsibilities of a school district under that section.
437	Section 3.  Subsection (2) of section 1002.23, Florida
438	Statutes, is amended to read:
439	1002.23  Family and School Partnership for Student
440	Achievement Act.--
441	(2)  To facilitate meaningful parent and family
442	involvement, the Department of Education shall develop
443	guidelines for a parent guide to successful student achievement
444	which describes what parents need to know about their child's
445	educational progress and how they can help their child to
446	succeed in school. The guidelines shall include, but need not be
447	limited to:
448	(a)  Parental information regarding:
449	1.  Options Requirements for their child to be retained
450	promoted to the next grade, as provided for in s. 1008.25;
451	2.  Progress of their child toward achieving state and
452	district expectations for academic proficiency;
453	3.  Assessment results, including report cards and progress
454	reports; and
455	4.  Qualifications of their child's teachers;
456	(b)  Services available for parents and their children,
457	such as family literacy services; mentoring, tutorial, and other
458	academic reinforcement programs; college planning, academic
459	advisement, and student counseling services; and after-school
460	programs;
461	(c)  Opportunities for parental participation, such as
462	parenting classes, adult education, school advisory councils,
463	and school volunteer programs;
464	(d)  Opportunities for parents to learn about rigorous
465	academic programs that may be available for their child, such as
466	honors programs, dual enrollment, advanced placement,
467	International Baccalaureate, Florida Virtual High School
468	courses, and accelerated access to postsecondary education;
469	(e)  Educational choices, as provided for in s. 1002.20(6),
470	and corporate income tax credit scholarships, as provided for in
471	s. 220.187;
472	(f)  Classroom and test accommodations available for
473	students with disabilities; and
474	(g)  School board rules, policies, and procedures for
475	student promotion and retention, academic standards, student
476	assessment, courses of study, instructional materials, and
477	contact information for school and district offices.
478	Section 4.  The State Board of Education shall initiate the
479	adoption of rules required by this act 10 days after the
480	effective date of this act.
481	Section 5.  This act shall take effect upon becoming a law.

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