| 1 | A bill to be entitled |
| 2 | An act relating to education; amending s. 11.90, F.S.; |
| 3 | authorizing the Legislative Budget Commission to review a |
| 4 | state plan to implement federal requirements; amending s. |
| 5 | 20.15, F.S.; establishing the Division of Accountability, |
| 6 | Research, and Measurement in the Department of Education; |
| 7 | amending s. 1000.03, F.S.; revising the mission of the |
| 8 | state's K-20 education system; repealing s. 1000.041, |
| 9 | F.S., to conform provisions relating to the 2005 repeal of |
| 10 | the BEST Florida Teaching salary career ladder program; |
| 11 | amending s. 1001.02, F.S.; requiring legislative review of |
| 12 | a revised state plan to implement certain federal |
| 13 | requirements; amending s. 1001.03, F.S.; requiring |
| 14 | periodic review of Sunshine State Standards subject areas |
| 15 | and an annual status report; requiring rules for certain |
| 16 | teachers to earn a reading credential equivalent; |
| 17 | requiring the maintenance of a uniform school district |
| 18 | personnel classification system; amending s. 1001.10, |
| 19 | F.S.; requiring legislative review of a revised state plan |
| 20 | to implement certain federal requirements; creating s. |
| 21 | 1001.215, F.S.; creating the Just Read, Florida! Office in |
| 22 | the Department of Education; providing duties; amending s. |
| 23 | 1001.33, F.S.; conforming provisions relating to the 2005 |
| 24 | repeal of the BEST Florida Teaching salary career ladder |
| 25 | program; amending s. 1001.41, F.S.; requiring district |
| 26 | school boards to adopt standards and policies to provide |
| 27 | each student a complete education program; amending s. |
| 28 | 1001.42, F.S.; providing a district school board |
| 29 | requirement relating to the opening date of the school |
| 30 | year; conforming provisions relating to the 2005 repeal of |
| 31 | the BEST Florida Teaching salary career ladder program; |
| 32 | providing requirements for each school district's system |
| 33 | of school improvement and student progression; revising |
| 34 | requirements for school improvement plans; requiring |
| 35 | alignment with the Sunshine State Standards; revising |
| 36 | format and content of public disclosure reports; |
| 37 | conforming provisions relating to deletion of a rigorous |
| 38 | reading requirement and the designation of school grades; |
| 39 | repealing s. 1001.51(24), F.S., and amending s. 1001.54, |
| 40 | F.S.; conforming provisions relating to the 2005 repeal of |
| 41 | the BEST Florida Teaching salary career ladder program; |
| 42 | revising provisions relating to duties of school |
| 43 | principals; amending s. 1002.38, F.S., relating to the |
| 44 | Opportunity Scholarship Program; conforming provisions |
| 45 | relating to the designation of school grades; amending s. |
| 46 | 1003.01, F.S.; revising definition of the term "special |
| 47 | education services"; amending s. 1003.05, F.S.; deleting |
| 48 | the requirement that certain children receive preference |
| 49 | for admission to special academic programs even if maximum |
| 50 | enrollment has been reached; revising programs defined as |
| 51 | "special academic programs" for purposes of such |
| 52 | preference; creating s. 1003.413, F.S., relating to |
| 53 | secondary school reform; providing intent and guiding |
| 54 | principles; requiring district school boards to establish |
| 55 | policies to implement requirements for middle grades |
| 56 | promotion, revised requirements for high school |
| 57 | graduation, and requirements for career and professional |
| 58 | academies; requiring policy approval and department |
| 59 | support for implementation; directing the Commissioner of |
| 60 | Education to create and implement the Secondary School |
| 61 | Improvement Award Program; repealing s. 1003.415, F.S., |
| 62 | the Middle Grades Reform Act; creating s. 1003.4156, F.S.; |
| 63 | providing general course requirements for middle grades |
| 64 | promotion; requiring intensive reading and mathematics |
| 65 | courses in certain circumstances; authorizing rulemaking |
| 66 | and enforcement; amending s. 1003.42, F.S.; providing for |
| 67 | required instruction for middle grades promotion; creating |
| 68 | s. 1003.428, F.S.; establishing revised general |
| 69 | requirements for high school graduation; providing |
| 70 | applicability beginning with 2007-2008 first-year high |
| 71 | school students; requiring completion of specified credits |
| 72 | or a specified curriculum; requiring strategies for |
| 73 | exceptional students to meet graduation requirements; |
| 74 | requiring standards for graduation; requiring rules for |
| 75 | test accommodations and modifications in certain cases; |
| 76 | providing requirements for standard diplomas and |
| 77 | certificates of completion with exceptions; authorizing |
| 78 | rulemaking and enforcement; amending s. 1003.437, F.S.; |
| 79 | including middle grades in the uniform grading system; |
| 80 | repealing s. 1003.492(3) and (4), F.S., relating to |
| 81 | department studies of student performance in industry- |
| 82 | certified career education programs; creating s. 1003.493, |
| 83 | F.S.; defining career and professional academies and |
| 84 | specifying goals of the academies; providing requirements |
| 85 | of academies relating to curriculum, partnerships, |
| 86 | instruction, career education certification, and |
| 87 | evaluation; amending s. 1003.57, F.S.; providing |
| 88 | guidelines for determining the residency of a student who |
| 89 | receives instruction as an exceptional student with a |
| 90 | disability; requiring the student's placing authority or |
| 91 | parent to pay the cost of such instruction, facilities, |
| 92 | and services; providing responsibilities of the |
| 93 | department; providing responsibilities of residential |
| 94 | facilities that educate exceptional students with |
| 95 | disabilities; providing applicability; creating s. |
| 96 | 1003.576, F.S.; requiring the department to develop an |
| 97 | individual education plan form for use in developing and |
| 98 | implementing individual education plans for exceptional |
| 99 | students; requiring school districts to use the form; |
| 100 | amending s. 1003.58, F.S.; correcting a cross-reference; |
| 101 | amending s. 1003.62, F.S.; conforming provisions relating |
| 102 | to the designation of school grades and differentiated pay |
| 103 | for school administrators and instructional personnel; |
| 104 | creating s. 1004.99, F.S., the Florida Ready to Work |
| 105 | Certification Program to enhance student workplace skills; |
| 106 | providing for program implementation and requirements; |
| 107 | authorizing rulemaking; amending s. 1006.09, F.S.; |
| 108 | conforming provisions relating to differentiated pay; |
| 109 | amending s. 1007.2615, F.S.; revising provisions for |
| 110 | certification of American Sign Language teachers; amending |
| 111 | s. 1008.22, F.S.; specifying FCAT grade level and subject |
| 112 | area testing requirements; requiring documentation of |
| 113 | procedures that ensure test difficulty under certain |
| 114 | circumstances; requiring certain opportunities for |
| 115 | demonstrating student performance; requiring the |
| 116 | Commissioner of Education to adopt scores concordant to |
| 117 | FCAT scores required for high school graduation; providing |
| 118 | that such scores satisfy requirements for a diploma; |
| 119 | clarifying eligibility to use such scores; requiring an |
| 120 | annual report on student performance; repealing s. |
| 121 | 1008.221, F.S., relating to alternative assessments for |
| 122 | dependent children of military personnel, to conform; |
| 123 | amending s. 1008.25, F.S.; authorizing district school |
| 124 | boards to require low-performing students to attend |
| 125 | remediation programs outside of regular school hours or |
| 126 | during the summer; requiring the department to establish a |
| 127 | uniform format for reporting information relating to |
| 128 | student progression; requiring an annual report; repealing |
| 129 | s. 1008.301, F.S., relating to a concordance study of FCAT |
| 130 | equivalencies for high school graduation; amending s. |
| 131 | 1008.31, F.S.; revising intent, goals, and measures of the |
| 132 | K-20 performance accountability system and requiring data |
| 133 | quality improvements; requiring adoption of rules; |
| 134 | amending s. 1008.33, F.S.; conforming a cross-reference |
| 135 | and provisions relating to the designation of school |
| 136 | grades; authorizing principals to recommend corrective |
| 137 | actions for low-performing faculty and staff at "F" graded |
| 138 | schools and publication of a school's grade; amending s. |
| 139 | 1008.34, F.S.; revising terminology and provisions |
| 140 | relating to designation and determination of school |
| 141 | grades; providing for school grading for alternative |
| 142 | schools and specifying requirements related thereto; |
| 143 | defining the term "home school" for purposes of |
| 144 | assessment; requiring an annual school report card to be |
| 145 | published by the department and distributed by school |
| 146 | districts; creating s. 1008.341, F.S.; providing for |
| 147 | school improvement ratings for certain alternative |
| 148 | schools; providing the basis for such ratings and |
| 149 | requiring annual performance reports; providing for |
| 150 | determination of school improvement ratings, |
| 151 | identification of student learning gains, and eligibility |
| 152 | for school recognition awards; requiring the development |
| 153 | and distribution of an annual school report card; |
| 154 | authorizing adoption of rules; amending s. 1008.345, F.S.; |
| 155 | conforming a cross-reference and provisions relating to |
| 156 | the designation of school grades; providing conditions for |
| 157 | determination of a school district in a state of |
| 158 | educational emergency; providing procedures to resolve the |
| 159 | educational emergency, including state assistance; |
| 160 | authorizing establishment of an educational emergency |
| 161 | board and providing duties thereof; providing for an |
| 162 | action plan to implement recommendations; amending s. |
| 163 | 1008.36, F.S.; authorizing certain alternative schools to |
| 164 | participate in the Florida School Recognition Program; |
| 165 | modifying procedures for determination and use of school |
| 166 | recognition awards; amending s. 1011.62, F.S.; providing |
| 167 | FTE funding for juveniles enrolled in specified education |
| 168 | programs; conforming cross-references and provisions |
| 169 | relating to the designation of school grades; establishing |
| 170 | a research-based reading instruction allocation to provide |
| 171 | funds for a comprehensive reading instruction system; |
| 172 | requiring school district plans for use of the allocation |
| 173 | and approval thereof; including the allocation in the |
| 174 | total amount allocated to each school district for current |
| 175 | operation; amending s. 1011.64, F.S.; conforming |
| 176 | terminology and a cross-reference; amending s. 1011.67, |
| 177 | F.S.; requiring district school board approval of a staff |
| 178 | development plan relating to use of instructional |
| 179 | materials; amending s. 1011.685, F.S.; conforming |
| 180 | provisions relating to the 2005 repeal of the BEST Florida |
| 181 | Teaching salary career ladder program and implementation |
| 182 | of differentiated pay; amending s. 1011.71, F.S.; |
| 183 | correcting a cross-reference; amending s. 1012.21, F.S.; |
| 184 | requiring department reporting relating to school district |
| 185 | collectively bargained contracts and the salary and |
| 186 | benefits of certain personnel; amending s. 1012.22, F.S.; |
| 187 | requiring each district school board to adopt a salary |
| 188 | schedule with differentiated pay for instructional |
| 189 | personnel and school-based administrators beginning with |
| 190 | the 2007-2008 academic year; creating s. 1012.2315, F.S.; |
| 191 | providing school district requirements for the assignment |
| 192 | of teachers and providing procedures for noncompliance; |
| 193 | amending s. 1012.27, F.S.; conforming provisions relating |
| 194 | to the 2005 repeal of the BEST Florida Teaching salary |
| 195 | career ladder program and implementation of differentiated |
| 196 | pay; amending s. 1012.28, F.S.; conforming provisions |
| 197 | relating to differentiated pay; amending s. 1012.34, F.S.; |
| 198 | conforming provisions relating to deletion of a rigorous |
| 199 | reading requirement; amending s. 1012.56, F.S.; |
| 200 | encouraging school districts to provide mechanisms for |
| 201 | teachers to obtain subject area coverage for middle |
| 202 | grades; creating s. 1012.986, F.S.; establishing the |
| 203 | William Cecil Golden Professional Development Program for |
| 204 | School Leaders; defining the term "school leader"; |
| 205 | providing for school leader designations; providing |
| 206 | program requirements and delivery systems; requiring |
| 207 | adoption of rules; repealing s. 1012.987, F.S., which |
| 208 | requires the State Board of Education to adopt rules |
| 209 | through which school principals may earn a leadership |
| 210 | designation; providing an effective date. |
| 211 |
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| 212 | WHEREAS, students will have the best opportunity to obtain |
| 213 | a high-quality education in the public education system of this |
| 214 | state and that system can best be enhanced when resources are |
| 215 | allocated efficiently and are concentrated in a rigorous and |
| 216 | relevant classroom learning environment, when teachers and |
| 217 | principals are supported, when high-quality educational |
| 218 | opportunity is reinforced through shared high academic and |
| 219 | career expectations, when accurate data is consistently |
| 220 | maintained and used to drive systemwide decisionmaking, and when |
| 221 | successes are rewarded, failures are identified, and the public |
| 222 | is apprised of both successes and failures, NOW, THEREFORE, |
| 223 |
|
| 224 | Be It Enacted by the Legislature of the State of Florida: |
| 225 |
|
| 226 | Section 1. Subsection (8) is added to section 11.90, |
| 227 | Florida Statutes, to read: |
| 228 | 11.90 Legislative Budget Commission.-- |
| 229 | (8) Upon the 2007 reauthorization of the federal No Child |
| 230 | Left Behind Act of 2001, the commission may review the proposed |
| 231 | state plan of the State Board of Education and the Commissioner |
| 232 | of Education before that plan is submitted. |
| 233 | Section 2. Paragraph (f) is added to subsection (3) of |
| 234 | section 20.15, Florida Statutes, to read: |
| 235 | 20.15 Department of Education.--There is created a |
| 236 | Department of Education. |
| 237 | (3) DIVISIONS.--The following divisions of the Department |
| 238 | of Education are established: |
| 239 | (f) Division of Accountability, Research, and Measurement. |
| 240 | Section 3. Subsection (4) of section 1000.03, Florida |
| 241 | Statutes, is amended to read: |
| 242 | 1000.03 Function, mission, and goals of the Florida K-20 |
| 243 | education system.-- |
| 244 | (4) The mission of Florida's K-20 education system is to |
| 245 | allow its students to increase their proficiency by allowing |
| 246 | them the opportunity to expand their knowledge and skills |
| 247 | through high-quality, rigorous, relevant adequate learning |
| 248 | opportunities, in accordance with the mission statement and |
| 249 | accountability requirements of s. 1008.31. |
| 250 | Section 4. Section 1000.041, Florida Statutes, is |
| 251 | repealed. |
| 252 | Section 5. Paragraph (g) of subsection (2) of section |
| 253 | 1001.02, Florida Statutes, is amended to read: |
| 254 | 1001.02 General powers of State Board of Education.-- |
| 255 | (2) The State Board of Education has the following duties: |
| 256 | (g) To approve plans for cooperating with the Federal |
| 257 | Government. Upon the 2007 reauthorization of the federal No |
| 258 | Child Left Behind Act of 2001, the Commissioner of Education |
| 259 | shall seek public input and secure legislative review of the |
| 260 | revised state plan prior to submission. |
| 261 | Section 6. Subsections (1), (3), and (14) of section |
| 262 | 1001.03, Florida Statutes, are amended to read: |
| 263 | 1001.03 Specific powers of State Board of Education.-- |
| 264 | (1) PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The State |
| 265 | Board of Education shall approve the student performance |
| 266 | standards known as the Sunshine State Standards in key academic |
| 267 | subject areas and grade levels. The state board shall establish |
| 268 | a schedule to facilitate the periodic review of each subject |
| 269 | area to maintain rigor, relevance, integration, and |
| 270 | reinforcement for student achievement and articulation and |
| 271 | evaluate how the standards are taught at each grade level. The |
| 272 | review teams for each Sunshine State Standards subject area must |
| 273 | include representatives from each other Sunshine State Standards |
| 274 | subject area to support valid integration of content and to |
| 275 | address the learning styles and instructional needs of all |
| 276 | students. Each review team must address the following: |
| 277 | (a) Rigor, relevance, logical student progression, |
| 278 | articulation from grade to grade, and integration of reading, |
| 279 | writing, and mathematics. |
| 280 | (b) Timelines for revision of course descriptions, |
| 281 | adoption of instructional materials, modifications to the |
| 282 | statewide assessment, and enhancements to professional |
| 283 | development. |
| 284 | (c) Input from parents, classroom teachers, school and |
| 285 | district administrators, community college and university |
| 286 | faculty, and business representatives, in collaboration with |
| 287 | local education foundations. |
| 288 |
|
| 289 | The review schedule and an annual status report must be |
| 290 | submitted to the Governor, the President of the Senate, and the |
| 291 | Speaker of the House of Representatives annually not later than |
| 292 | January 1. |
| 293 | (3) PROFESSIONAL CERTIFICATES.--The State Board of |
| 294 | Education shall classify school services, designate the |
| 295 | certification subject areas, establish competencies, including |
| 296 | the use of technology to enhance student learning, and |
| 297 | certification requirements for all school-based personnel, and |
| 298 | prescribe rules in accordance with which the professional, |
| 299 | temporary, and part-time certificates shall be issued by the |
| 300 | Department of Education to applicants who meet the standards |
| 301 | prescribed by such rules for their class of service, as |
| 302 | described in chapter 1012. The state board shall adopt rules |
| 303 | that give part-time and full-time nondegreed teachers of career |
| 304 | programs, pursuant to s. 1012.39(1)(c), the opportunity to earn |
| 305 | a reading credential equivalent to a reading endorsement. |
| 306 | (14) UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT |
| 307 | ADMINISTRATIVE AND MANAGEMENT PERSONNEL.--The State Board of |
| 308 | Education shall maintain recommend to the Legislature by |
| 309 | February 1, 2003, a uniform classification system for school |
| 310 | district administrative and management personnel that will |
| 311 | facilitate the uniform coding of administrative and management |
| 312 | personnel to total district employees. |
| 313 | Section 7. Section 1001.10, Florida Statutes, is amended |
| 314 | to read: |
| 315 | 1001.10 Commissioner of Education; general powers and |
| 316 | duties.--The Commissioner of Education is the chief educational |
| 317 | officer of the state and the sole custodian of the K-20 data |
| 318 | warehouse, and is responsible for giving full assistance to the |
| 319 | State Board of Education in enforcing compliance with the |
| 320 | mission and goals of the seamless K-20 education system. To |
| 321 | facilitate innovative practices and to allow local selection of |
| 322 | educational methods, the State Board of Education may authorize |
| 323 | the commissioner to waive, upon the request of a district school |
| 324 | board, State Board of Education rules that relate to district |
| 325 | school instruction and school operations, except those rules |
| 326 | pertaining to civil rights, and student health, safety, and |
| 327 | welfare. The Commissioner of Education is not authorized to |
| 328 | grant waivers for any provisions in rule pertaining to the |
| 329 | allocation and appropriation of state and local funds for public |
| 330 | education; the election, compensation, and organization of |
| 331 | school board members and superintendents; graduation and state |
| 332 | accountability standards; financial reporting requirements; |
| 333 | reporting of out-of-field teaching assignments under s. 1012.42; |
| 334 | public meetings; public records; or due process hearings |
| 335 | governed by chapter 120. No later than January 1 of each year, |
| 336 | the commissioner shall report to the Legislature and the State |
| 337 | Board of Education all approved waiver requests in the preceding |
| 338 | year. Additionally, the commissioner has the following general |
| 339 | powers and duties: |
| 340 | (1) To appoint staff necessary to carry out his or her |
| 341 | powers and duties. |
| 342 | (2) To advise and counsel with the State Board of |
| 343 | Education on all matters pertaining to education; to recommend |
| 344 | to the State Board of Education actions and policies as, in the |
| 345 | commissioner's opinion, should be acted upon or adopted; and to |
| 346 | execute or provide for the execution of all acts and policies as |
| 347 | are approved. |
| 348 | (3) To keep such records as are necessary to set forth |
| 349 | clearly all acts and proceedings of the State Board of |
| 350 | Education. |
| 351 | (4) To have a seal for his or her office with which, in |
| 352 | connection with his or her own signature, the commissioner shall |
| 353 | authenticate true copies of decisions, acts, or documents. |
| 354 | (5) To recommend to the State Board of Education policies |
| 355 | and steps designed to protect and preserve the principal of the |
| 356 | State School Fund; to provide an assured and stable income from |
| 357 | the fund; to execute such policies and actions as are approved; |
| 358 | and to administer the State School Fund. |
| 359 | (6) To take action on the release of mineral rights based |
| 360 | upon the recommendations of the Board of Trustees of the |
| 361 | Internal Improvement Trust Fund. |
| 362 | (7) To submit to the State Board of Education, on or |
| 363 | before August 1 of each year, recommendations for a coordinated |
| 364 | K-20 education budget that estimates the expenditures for the |
| 365 | State Board of Education, including the Department of Education, |
| 366 | the Commissioner of Education, and all of the boards, |
| 367 | institutions, agencies, and services under the general |
| 368 | supervision of the State Board of Education for the ensuing |
| 369 | fiscal year. Any program recommended to the State Board of |
| 370 | Education that will require increases in state funding for more |
| 371 | than 1 year must be presented in a multiyear budget plan. |
| 372 | (8) To develop and implement a plan for cooperating with |
| 373 | the Federal Government in carrying out any or all phases of the |
| 374 | educational program and to recommend policies for administering |
| 375 | funds that are appropriated by Congress and apportioned to the |
| 376 | state for any or all educational purposes. Upon the 2007 |
| 377 | reauthorization of the federal No Child Left Behind Act of 2001, |
| 378 | the commissioner shall seek public input and secure legislative |
| 379 | review of the revised state plan prior to submission. |
| 380 | (9) To develop and implement policies for cooperating with |
| 381 | other public agencies in carrying out those phases of the |
| 382 | program in which such cooperation is required by law or is |
| 383 | deemed by the commissioner to be desirable and to cooperate with |
| 384 | public and nonpublic agencies in planning and bringing about |
| 385 | improvements in the educational program. |
| 386 | (10) To prepare forms and procedures as are necessary to |
| 387 | be used by district school boards and all other educational |
| 388 | agencies to assure uniformity, accuracy, and efficiency in the |
| 389 | keeping of records, the execution of contracts, the preparation |
| 390 | of budgets, or the submission of reports; and to furnish at |
| 391 | state expense, when deemed advisable by the commissioner, those |
| 392 | forms that can more economically and efficiently be provided. |
| 393 | (11) To implement a program of school improvement and |
| 394 | education accountability designed to provide all students the |
| 395 | opportunity to make adequate learning gains in each year of |
| 396 | school as provided by statute and State Board of Education rule |
| 397 | based upon the achievement of the state education goals, |
| 398 | recognizing the following: |
| 399 | (a) The State Board of Education is the body corporate |
| 400 | responsible for the supervision of the system of public |
| 401 | education. |
| 402 | (b) The district school board is responsible for school |
| 403 | and student performance. |
| 404 | (c) The individual school is the unit for education |
| 405 | accountability. |
| 406 | (d) The community college board of trustees is responsible |
| 407 | for community college performance and student performance. |
| 408 | (e) The university board of trustees is responsible for |
| 409 | university performance and student performance. |
| 410 | (12) To establish a Citizen Information Center responsible |
| 411 | for the preparation, publication, and distribution of materials |
| 412 | relating to the state system of seamless K-20 public education. |
| 413 | (13) To prepare and publish annually reports giving |
| 414 | statistics and other useful information pertaining to the |
| 415 | Opportunity Scholarship Program. |
| 416 | (14) To have printed or electronic copies of school laws, |
| 417 | forms, instruments, instructions, and rules of the State Board |
| 418 | of Education and provide for their distribution. |
| 419 | (15) To develop criteria for use by state instructional |
| 420 | materials committees in evaluating materials submitted for |
| 421 | adoption consideration. The criteria shall, as appropriate, be |
| 422 | based on instructional expectations reflected in curriculum |
| 423 | frameworks and student performance standards. The criteria for |
| 424 | each subject or course shall be made available to publishers of |
| 425 | instructional materials pursuant to the requirements of chapter |
| 426 | 1006. |
| 427 | (16) To prescribe procedures for evaluating instructional |
| 428 | materials submitted by publishers and manufacturers in each |
| 429 | adoption. |
| 430 |
|
| 431 | The commissioner's office shall operate all statewide functions |
| 432 | necessary to support the State Board of Education and the K-20 |
| 433 | education system, including strategic planning and budget |
| 434 | development, general administration, and assessment and |
| 435 | accountability. |
| 436 | Section 8. Section 1001.215, Florida Statutes, is created |
| 437 | to read: |
| 438 | 1001.215 Just Read, Florida! Office.--There is created in |
| 439 | the Department of Education the Just Read, Florida! Office. The |
| 440 | office shall be fully accountable to the Commissioner of |
| 441 | Education and shall: |
| 442 | (1) Train highly effective reading coaches. |
| 443 | (2) Create multiple designations of effective reading |
| 444 | instruction, with accompanying endorsement credentials, which |
| 445 | encourage all teachers to integrate reading instruction into |
| 446 | their content areas. |
| 447 | (3) Train K-12 teachers, school principals, and parents on |
| 448 | research-based reading instructional strategies and secondary |
| 449 | teachers on effective instructional strategies for teaching |
| 450 | reading in the content areas with an emphasis on reading for |
| 451 | information. |
| 452 | (4) Provide technical assistance to school districts in |
| 453 | the development and implementation of district plans for use of |
| 454 | the research-based reading instruction allocation provided under |
| 455 | s. 1011.62(8) and annually review and approve such plans. |
| 456 | (5) Review, evaluate, and provide technical assistance to |
| 457 | school districts on their implementation of the K-12 |
| 458 | comprehensive reading plan required by s. 1011.62(8). |
| 459 | (6) Provide information on research-based reading programs |
| 460 | and effective instructional strategies for teaching reading in |
| 461 | the content areas and support for reading for information. |
| 462 | (7) Periodically review the Sunshine State Standards for |
| 463 | reading at all grade levels. |
| 464 | (8) Periodically review teacher certification examinations |
| 465 | to ascertain whether the examinations measure the skills needed |
| 466 | for research-based reading, instructional strategies for |
| 467 | teaching reading in the content areas, and support for reading |
| 468 | for information. |
| 469 | (9) Work with teacher preparation programs approved |
| 470 | pursuant to s. 1004.04 to integrate into teacher preparation |
| 471 | programs research-based reading instructional strategies and |
| 472 | instructional strategies for teaching reading in the content |
| 473 | areas. |
| 474 | (10) Administer grants and perform other functions as |
| 475 | necessary to meet the goal that all students read at grade |
| 476 | level. |
| 477 | Section 9. Section 1001.33, Florida Statutes, is amended |
| 478 | to read: |
| 479 | 1001.33 Schools under control of district school board and |
| 480 | district school superintendent.-- |
| 481 | (1) Except as otherwise provided by law, all public |
| 482 | schools conducted within the district shall be under the |
| 483 | direction and control of the district school board with the |
| 484 | district school superintendent as executive officer. |
| 485 | (2) Each district school board, each district school |
| 486 | superintendent, and each district and school-based administrator |
| 487 | shall cooperate to apply the following guiding principles of |
| 488 | Better Educated Students and Teachers (BEST) Florida Teaching: |
| 489 | (a) Teachers lead, students learn. |
| 490 | (b) Teachers maintain orderly, disciplined classrooms |
| 491 | conducive to student learning. |
| 492 | (c) Teachers are trained, recruited, well compensated, and |
| 493 | retained for quality. |
| 494 | (d) Teachers are well rewarded for their students' high |
| 495 | performance. |
| 496 | (e) Teachers are most effective when served by exemplary |
| 497 | school administrators. |
| 498 | Section 10. Subsection (3) of section 1001.41, Florida |
| 499 | Statutes, is amended to read: |
| 500 | 1001.41 General powers of district school board.--The |
| 501 | district school board, after considering recommendations |
| 502 | submitted by the district school superintendent, shall exercise |
| 503 | the following general powers: |
| 504 | (3) Prescribe and adopt standards and policies to provide |
| 505 | each student the opportunity to receive a complete education |
| 506 | program, including language arts, mathematics, science, social |
| 507 | studies, health, physical education, foreign languages, and the |
| 508 | arts, as defined by the Sunshine State Standards. The standards |
| 509 | and policies must emphasize integration and reinforcement of |
| 510 | reading, writing, and mathematics skills in a rigorous and |
| 511 | relevant context across all subjects, including career and |
| 512 | technical education as are considered desirable by it for |
| 513 | improving the district school system. |
| 514 | Section 11. Paragraph (f) of subsection (4), paragraph (c) |
| 515 | of subsection (5), subsection (16), paragraph (d) of subsection |
| 516 | (17), and subsection (18) of section 1001.42, Florida Statutes, |
| 517 | are amended to read: |
| 518 | 1001.42 Powers and duties of district school board.--The |
| 519 | district school board, acting as a board, shall exercise all |
| 520 | powers and perform all duties listed below: |
| 521 | (4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF |
| 522 | SCHOOLS.--Adopt and provide for the execution of plans for the |
| 523 | establishment, organization, and operation of the schools of the |
| 524 | district, including, but not limited to, the following: |
| 525 | (f) Opening and closing of schools; fixing uniform |
| 526 | date.--Adopt policies for the opening and closing of schools and |
| 527 | fix uniform dates provided that the opening date of the school |
| 528 | year for schools in the district shall be no earlier than 7 days |
| 529 | before Labor Day each year. |
| 530 | (5) PERSONNEL.-- |
| 531 | (c) Fully support and cooperate in the application of the |
| 532 | guiding principles of Better Educated Students and Teachers |
| 533 | (BEST) Florida Teaching, pursuant to s. 1000.041. |
| 534 | (16) IMPLEMENT SCHOOL IMPROVEMENT AND |
| 535 | ACCOUNTABILITY.--Maintain a system of school improvement and |
| 536 | education accountability as provided by statute and State Board |
| 537 | of Education rule. This system of school improvement and |
| 538 | education accountability shall be consistent with, and |
| 539 | implemented through, the district's continuing system of |
| 540 | planning and budgeting required by this section and ss. |
| 541 | 1008.385, 1010.01, and 1011.01. This system of school |
| 542 | improvement and education accountability shall include, but is |
| 543 | not limited to, the following: |
| 544 | (a) School improvement plans.--Annually approve and |
| 545 | require implementation of a new, amended, or continuation school |
| 546 | improvement plan for each school in the district, except that a |
| 547 | district school board may establish a district school |
| 548 | improvement plan that includes all schools in the district |
| 549 | operating for the purpose of providing educational services to |
| 550 | youth in Department of Juvenile Justice programs. The school |
| 551 | improvement Such plan shall be designed to achieve the state |
| 552 | education priorities pursuant to s. 1000.03(5) and student |
| 553 | proficiency on the Sunshine State Standards pursuant to s. |
| 554 | 1003.41 performance standards. In addition, any school required |
| 555 | to implement a rigorous reading requirement pursuant to s. |
| 556 | 1003.415 must include such component in its school improvement |
| 557 | plan. Each plan shall also address issues relative to budget, |
| 558 | training, instructional materials, technology, staffing, student |
| 559 | support services, specific school safety and discipline |
| 560 | strategies, student health and fitness, including physical |
| 561 | fitness, parental involvement information on student health and |
| 562 | fitness, and indoor environmental air quality, and other matters |
| 563 | of resource allocation, as determined by district school board |
| 564 | policy, and shall include be based on an accurate, data-based |
| 565 | analysis of student achievement and other school performance |
| 566 | data. For each school in the district that earns a school grade |
| 567 | of "C" or below, or is required to have a school improvement |
| 568 | plan under federal law, the school improvement plan shall, at a |
| 569 | minimum include: |
| 570 | 1. A needs assessment, based on disaggregated student |
| 571 | achievement data related to student performance on the FCAT, |
| 572 | which is used to identify each individual student subgroup's |
| 573 | strengths and weaknesses and to determine the effectiveness of |
| 574 | the teaching and learning strategies that are being used in the |
| 575 | classroom. |
| 576 | 2. Performance goals, based on the needs assessment, with |
| 577 | measurable objectives of improvement in the areas of language |
| 578 | arts, mathematics, and science for each student subgroup. |
| 579 | 3. A Sunshine State Standards instructional calendar and |
| 580 | timeline based on the needs assessment for each grade and in |
| 581 | each of the subject areas of language arts, mathematics, and |
| 582 | science to focus and integrate instruction, manage instructional |
| 583 | time, and allocate resources. |
| 584 | 4. The following strategies: |
| 585 | a. Mini-assessments of targeted Sunshine State Standards |
| 586 | benchmarks that provide ongoing progress monitoring of students |
| 587 | and generate data to redesign instruction. |
| 588 | b. Alternative in-school, tutorial, remediation, or |
| 589 | enrichment programs for students that are based on each |
| 590 | student's individual academic needs as defined by performance on |
| 591 | the mini-assessments. |
| 592 | c. A student performance monitoring plan and clearly |
| 593 | assigned school personnel monitoring responsibilities. |
| 594 | 5. Professional development that supports enhanced |
| 595 | instructional strategies, improves teaching and learning, and |
| 596 | addresses skill gaps. |
| 597 | 6. If the school is a high school, annual publication of |
| 598 | the school's graduation rate calculated without GEDs for the |
| 599 | past 3 years, disaggregated by student ethnicity. |
| 600 |
|
| 601 | For each school district with a school designated with a grade |
| 602 | of "D" or "F," the district school board shall cooperate with |
| 603 | the community assessment team assigned by the commissioner in |
| 604 | accordance with s. 1008.345(6)(d). |
| 605 | (b) Alignment with Sunshine State Standards.--Design the |
| 606 | school district's system of school improvement and student |
| 607 | progression to provide frequent and accurate information to the |
| 608 | teacher and student regarding each student's progress toward |
| 609 | mastering the Sunshine State Standards. The system must support |
| 610 | the alignment of the Sunshine State Standards, monitoring of |
| 611 | individual student progress, and enhanced instructional |
| 612 | strategies, assessment, and professional development. |
| 613 | (c)(b) Approval process.--Develop a process for approval |
| 614 | of a school improvement plan presented by an individual school |
| 615 | and its advisory council. In the event a district school board |
| 616 | does not approve a school improvement plan after exhausting this |
| 617 | process, the Department of Education shall be notified of the |
| 618 | need for assistance. |
| 619 | (d)(c) Assistance and intervention.-- |
| 620 | 1. Develop a 2-year plan of increasing individualized |
| 621 | assistance and intervention for each school in danger of not |
| 622 | meeting state standards or making adequate progress, as defined |
| 623 | pursuant to statute and State Board of Education rule, toward |
| 624 | meeting the goals and standards of its approved school |
| 625 | improvement plan. |
| 626 | 2. Provide assistance and intervention to a school that is |
| 627 | designated with a identified as being in performance grade of |
| 628 | category "D" pursuant to s. 1008.34 and is in danger of failing. |
| 629 | 3. Develop a plan to encourage teachers with demonstrated |
| 630 | mastery in improving student performance to remain at or |
| 631 | transfer to a school designated with a as performance grade of |
| 632 | category "D" or "F" or to an alternative school that serves |
| 633 | disruptive or violent youths. If a classroom teacher, as defined |
| 634 | by s. 1012.01(2)(a), who meets the definition of teaching |
| 635 | mastery developed according to the provisions of this paragraph, |
| 636 | requests assignment to a school designated with a as performance |
| 637 | grade of category "D" or "F" or to an alternative school that |
| 638 | serves disruptive or violent youths, the district school board |
| 639 | shall make every practical effort to grant the request. |
| 640 | 4. Prioritize, to the extent possible, the expenditures of |
| 641 | funds received from the supplemental academic instruction |
| 642 | categorical fund under s. 1011.62(1)(f) to improve student |
| 643 | performance in schools that receive a performance grade category |
| 644 | designation of "D" or "F." |
| 645 | (e)(d) After 2 years.--Notify the Commissioner of |
| 646 | Education and the State Board of Education in the event any |
| 647 | school does not make adequate progress toward meeting the goals |
| 648 | and standards of a school improvement plan by the end of 2 years |
| 649 | of failing to make adequate progress and proceed according to |
| 650 | guidelines developed pursuant to statute and State Board of |
| 651 | Education rule. School districts shall provide intervention and |
| 652 | assistance to schools in danger of being designated with a as |
| 653 | performance grade of category "F," failing to make adequate |
| 654 | progress. |
| 655 | (f)(e) Public disclosure.--Provide information regarding |
| 656 | performance of students and educational programs as required |
| 657 | pursuant to ss. 1008.22 and 1008.385 and implement a system of |
| 658 | school reports as required by statute and State Board of |
| 659 | Education rule that shall include schools operating for the |
| 660 | purpose of providing educational services to youth in Department |
| 661 | of Juvenile Justice programs, and for those schools, report on |
| 662 | the elements specified in s. 1003.52(19). Annual public |
| 663 | disclosure reports shall be in an understandable and easy-to- |
| 664 | read report card format, use multiple media such as electronic |
| 665 | mail, websites, public service announcements, or print or |
| 666 | electronic advertising, and shall include the school's student |
| 667 | and school performance grade, high school graduation rate |
| 668 | calculated without GEDs, disaggregated by student ethnicity, |
| 669 | category designation and other performance data as specified in |
| 670 | state board rule. |
| 671 | (g)(f) School improvement funds.--Provide funds to schools |
| 672 | for developing and implementing school improvement plans. Such |
| 673 | funds shall include those funds appropriated for the purpose of |
| 674 | school improvement pursuant to s. 24.121(5)(c). |
| 675 | (17) LOCAL-LEVEL DECISIONMAKING.-- |
| 676 | (d) Adopt policies that assist in giving greater autonomy, |
| 677 | including authority over the allocation of the school's budget, |
| 678 | to schools designated with a as performance grade of category |
| 679 | "A," making excellent progress, and schools rated as having |
| 680 | improved at least two grades performance grade categories. |
| 681 | (18) OPPORTUNITY SCHOLARSHIPS.--Adopt policies allowing |
| 682 | students attending schools that have been designated with a as |
| 683 | performance grade of category "F," failing to make adequate |
| 684 | progress, for 2 school years in a 4-year period to attend a |
| 685 | higher performing school in the district or an adjoining |
| 686 | district or be granted a state opportunity scholarship to a |
| 687 | private school, in conformance with s. 1002.38 and State Board |
| 688 | of Education rule. |
| 689 | Section 12. Subsection (24) of section 1001.51, Florida |
| 690 | Statutes, is repealed. |
| 691 | Section 13. Paragraphs (c) and (d) of subsection (1) and |
| 692 | subsection (2) of section 1001.54, Florida Statutes, are amended |
| 693 | to read: |
| 694 | 1001.54 Duties of school principals.-- |
| 695 | (1) |
| 696 | (c) The school principal shall encourage school personnel |
| 697 | to implement the guiding principles for Better Educated Students |
| 698 | and Teachers (BEST) Florida Teaching, pursuant to s. 1000.041. |
| 699 | (c)(d) The school principal shall fully support the |
| 700 | authority of each teacher and school bus driver to remove |
| 701 | disobedient, disrespectful, violent, abusive, uncontrollable, or |
| 702 | disruptive students from the classroom and the school bus and, |
| 703 | when appropriate and available, place such students in an |
| 704 | alternative educational setting. |
| 705 | (2) Each school principal shall provide instructional |
| 706 | leadership in the development, or revision, and implementation |
| 707 | of a school improvement plan, pursuant to s. 1001.42(16). |
| 708 | Section 14. Subsection (2) and paragraphs (a) and (b) of |
| 709 | subsection (3) of section 1002.38, Florida Statutes, are amended |
| 710 | to read: |
| 711 | 1002.38 Opportunity Scholarship Program.-- |
| 712 | (2) OPPORTUNITY SCHOLARSHIP ELIGIBILITY.--A public school |
| 713 | student's parent may request and receive from the state an |
| 714 | opportunity scholarship for the student to enroll in and attend |
| 715 | a private school in accordance with the provisions of this |
| 716 | section if: |
| 717 | (a)1. By assigned school attendance area or by special |
| 718 | assignment, the student has spent the prior school year in |
| 719 | attendance at a public school that has been designated pursuant |
| 720 | to s. 1008.34 with a as performance grade of category "F," |
| 721 | failing to make adequate progress, and that has had 2 school |
| 722 | years in a 4-year period of such low performance, and the |
| 723 | student's attendance occurred during a school year in which such |
| 724 | designation was in effect; |
| 725 | 2. The student has been in attendance elsewhere in the |
| 726 | public school system and has been assigned to such school for |
| 727 | the next school year; or |
| 728 | 3. The student is entering kindergarten or first grade and |
| 729 | has been notified that the student has been assigned to such |
| 730 | school for the next school year. |
| 731 | (b) The parent has obtained acceptance for admission of |
| 732 | the student to a private school eligible for the program |
| 733 | pursuant to subsection (4), and has notified the Department of |
| 734 | Education and the school district of the request for an |
| 735 | opportunity scholarship no later than July 1 of the first year |
| 736 | in which the student intends to use the scholarship. |
| 737 |
|
| 738 | The provisions of this section shall not apply to a student who |
| 739 | is enrolled in a school operating for the purpose of providing |
| 740 | educational services to youth in Department of Juvenile Justice |
| 741 | commitment programs. For purposes of continuity of educational |
| 742 | choice, the opportunity scholarship shall remain in force until |
| 743 | the student returns to a public school or, if the student |
| 744 | chooses to attend a private school the highest grade of which is |
| 745 | grade 8, until the student matriculates to high school and the |
| 746 | public high school to which the student is assigned is an |
| 747 | accredited school with a performance grade category designation |
| 748 | of "C" or better. However, at any time upon reasonable notice to |
| 749 | the Department of Education and the school district, the |
| 750 | student's parent may remove the student from the private school |
| 751 | and place the student in a public school, as provided in |
| 752 | subparagraph (3)(a)2. |
| 753 | (3) SCHOOL DISTRICT OBLIGATIONS.-- |
| 754 | (a) A school district shall, for each student enrolled in |
| 755 | or assigned to a school that has been designated with a as |
| 756 | performance grade of category "F" for 2 school years in a 4-year |
| 757 | period: |
| 758 | 1. Timely notify the parent of the student as soon as such |
| 759 | designation is made of all options available pursuant to this |
| 760 | section. |
| 761 | 2. Offer that student's parent an opportunity to enroll |
| 762 | the student in a the public school within the district that has |
| 763 | been designated by the state pursuant to s. 1008.34 as a school |
| 764 | performing higher than that in which the student is currently |
| 765 | enrolled or to which the student has been assigned, but not less |
| 766 | than performance grade category "C." The parent is not required |
| 767 | to accept this offer in lieu of requesting a state opportunity |
| 768 | scholarship to a private school. The opportunity to continue |
| 769 | attending the higher performing public school shall remain in |
| 770 | force until the student graduates from high school. |
| 771 | (b) The parent of a student enrolled in or assigned to a |
| 772 | school that has been designated with a performance grade of |
| 773 | category "F" for 2 school years in a 4-year period may choose as |
| 774 | an alternative to enroll the student in and transport the |
| 775 | student to a higher-performing public school that has available |
| 776 | space in an adjacent school district, and that school district |
| 777 | shall accept the student and report the student for purposes of |
| 778 | the district's funding pursuant to the Florida Education Finance |
| 779 | Program. |
| 780 | Section 15. Paragraph (b) of subsection (3) of section |
| 781 | 1003.01, Florida Statutes, is amended to read: |
| 782 | 1003.01 Definitions.--As used in this chapter, the term: |
| 783 | (3) |
| 784 | (b) "Special education services" means specially designed |
| 785 | instruction and such related services as are necessary for an |
| 786 | exceptional student to benefit from education. Such services may |
| 787 | include: transportation; diagnostic and evaluation services; |
| 788 | social services; physical and occupational therapy; speech and |
| 789 | language pathology services; job placement; orientation and |
| 790 | mobility training; braillists, typists, and readers for the |
| 791 | blind; interpreters and auditory amplification; rehabilitation |
| 792 | counseling; transition services; mental health services; |
| 793 | guidance and career counseling; specified materials, assistive |
| 794 | technology devices, and other specialized equipment; and other |
| 795 | such services as approved by rules of the state board. |
| 796 | Section 16. Subsection (3) of section 1003.05, Florida |
| 797 | Statutes, is amended to read: |
| 798 | 1003.05 Assistance to transitioning students from military |
| 799 | families.-- |
| 800 | (3) Dependent children of active duty military personnel |
| 801 | who otherwise meet the eligibility criteria for special academic |
| 802 | programs offered through public schools shall be given first |
| 803 | preference for admission to such programs even if the program is |
| 804 | being offered through a public school other than the school to |
| 805 | which the student would generally be assigned and the school at |
| 806 | which the program is being offered has reached its maximum |
| 807 | enrollment. If such a program is offered through a public school |
| 808 | other than the school to which the student would generally be |
| 809 | assigned, the parent or guardian of the student must assume |
| 810 | responsibility for transporting the student to that school. For |
| 811 | purposes of this subsection, special academic programs include |
| 812 | charter schools, magnet schools, advanced studies programs, |
| 813 | advanced placement, dual enrollment, Advanced International |
| 814 | Certificate of Education, and International Baccalaureate. |
| 815 | Section 17. Section 1003.413, Florida Statutes, is created |
| 816 | to read: |
| 817 | 1003.413 Secondary school reform.-- |
| 818 | (1) Secondary schools are schools that primarily serve |
| 819 | students in grades 6 through 12. It is the intent of the |
| 820 | Legislature to provide for secondary school reform so that |
| 821 | students promoted from the 8th grade have the necessary academic |
| 822 | skills for success in high school and students graduating from |
| 823 | high school have the necessary skills for success in the |
| 824 | workplace and postsecondary education. |
| 825 | (2) Guiding principles for secondary school reform are: |
| 826 | (a) Struggling students, especially those in failing |
| 827 | schools, need the highest quality teachers and dramatically |
| 828 | different, innovative approaches to teaching and learning. |
| 829 | (b) Every teacher must contribute to every student's |
| 830 | reading improvement. |
| 831 | (c) Quality professional development provides teachers and |
| 832 | principals with the tools they need to better serve students. |
| 833 | (d) Small learning communities allow teachers to |
| 834 | personalize instruction to better address student learning |
| 835 | styles, strengths, and weaknesses. |
| 836 | (e) Intensive intervention in reading and mathematics must |
| 837 | occur early and through innovative delivery systems. |
| 838 | (f) Parents need access to tools they can use to monitor |
| 839 | their child's progress in school, communicate with teachers, and |
| 840 | act early on behalf of their child. |
| 841 | (g) Applied and integrated courses help students see the |
| 842 | relationships between subjects and relevance to their futures. |
| 843 | (h) Majors and minors allow students to choose courses and |
| 844 | set goals based on their interests and talents. |
| 845 | (i) Master schedules should not determine instruction and |
| 846 | must be designed based on student needs, not adult or |
| 847 | institutional needs. |
| 848 | (j) Academic and career planning engages students in |
| 849 | developing a personally meaningful course of study so they can |
| 850 | achieve goals they have set for themselves. |
| 851 | (3) Based on these guiding principles, district school |
| 852 | boards shall establish policies to implement the requirements of |
| 853 | ss. 1003.4156, 1003.428, and 1003.493. The policies must |
| 854 | address: |
| 855 | (a) Procedures for placing and promoting students who |
| 856 | enter a Florida public school at grade 6 through grade 12 from |
| 857 | out of state or from a foreign country, including a review of |
| 858 | the student's prior academic performance. |
| 859 | (b) Alternative methods for students to demonstrate |
| 860 | competency in required courses and credits, with special support |
| 861 | for students who have been retained. |
| 862 | (c) Applied, integrated, and combined courses that provide |
| 863 | flexibility for students to enroll in courses that are creative |
| 864 | and meet individual learning styles and student needs. |
| 865 | (d) Credit recovery courses and intensive reading and |
| 866 | mathematics intervention courses based on student performance on |
| 867 | the FCAT. These courses should be competency based and offered |
| 868 | through innovative delivery systems, including computer-assisted |
| 869 | instruction. School districts should use learning gains as well |
| 870 | as other appropriate data and provide incentives to identify and |
| 871 | reward high-performing teachers who teach credit recovery and |
| 872 | intensive intervention courses. |
| 873 | (e) Grade forgiveness policies that replace a grade of "D" |
| 874 | or "F" with a grade of "C" or higher earned subsequently in the |
| 875 | same or a comparable course. |
| 876 | (f) Summer academies for students to receive intensive |
| 877 | reading and mathematics intervention courses or competency-based |
| 878 | credit recovery courses. A student's participation in an |
| 879 | instructional or remediation program prior to or immediately |
| 880 | following entering grade 9 for the first time shall not affect |
| 881 | that student's classification as a first-time 9th grader for |
| 882 | reporting purposes. |
| 883 | (g) Strategies to support teachers' pursuit of the reading |
| 884 | endorsement and emphasize reading instruction professional |
| 885 | development for content area teachers. |
| 886 | (h) Creative and flexible scheduling designed to meet |
| 887 | student needs. |
| 888 | (i) Procedures for high school students who have not |
| 889 | prepared an electronic personal education plan pursuant to s. |
| 890 | 1003.4156 to prepare such plan. |
| 891 | (j) Tools for parents to regularly monitor student |
| 892 | progress and communicate with teachers. |
| 893 | (k) Additional course requirements for promotion and |
| 894 | graduation which may be determined by each school district in |
| 895 | the student progression plan and may include additional |
| 896 | academic, fine and performing arts, physical education, or |
| 897 | career and technical education courses in order to provide a |
| 898 | complete education program pursuant to s. 1001.41(3). |
| 899 |
|
| 900 | Within 30 days after adoption, the district school board |
| 901 | policies shall be submitted to the State Board of Education for |
| 902 | approval. The district school board policies shall be deemed |
| 903 | approved unless specifically rejected by the State Board of |
| 904 | Education within 60 days after receipt. |
| 905 | (4) In order to support the successful implementation of |
| 906 | this section by district school boards, the Department of |
| 907 | Education shall by the 2006-2007 school year: |
| 908 | (a) Increase the number of approved applied, integrated, |
| 909 | and combined courses available to school districts. |
| 910 | (b) Make available a professional development package |
| 911 | designed to provide the information that content area teachers |
| 912 | need to become proficient in applying scientifically based |
| 913 | reading strategies through their content areas. |
| 914 | (c) Share best practices for providing a complete |
| 915 | education program to students enrolled in course recovery, |
| 916 | credit recovery, intensive reading intervention, or intensive |
| 917 | mathematics intervention. |
| 918 | (d) Expedite assistance and decisions and coordinate |
| 919 | policies throughout all divisions within the department to |
| 920 | provide school districts with support to implement this section. |
| 921 | (e) Use data to provide the Legislature with an annual |
| 922 | longitudinal analysis of the success of this reform effort, |
| 923 | including the progress of 6th grade students and 9th grade |
| 924 | students scoring at Level 1 on FCAT Reading or FCAT Mathematics. |
| 925 | (5) The Commissioner of Education shall create and |
| 926 | implement the Secondary School Improvement Award Program to |
| 927 | reward public secondary schools that demonstrate continuous |
| 928 | student academic improvement and show the greatest gains in |
| 929 | student academic achievement in reading and mathematics. |
| 930 | Section 18. Section 1003.415, Florida Statutes, is |
| 931 | repealed. |
| 932 | Section 19. Section 1003.4156, Florida Statutes, is |
| 933 | created to read: |
| 934 | 1003.4156 General requirements for middle grades |
| 935 | promotion.-- |
| 936 | (1) Beginning with students entering grade 6 in the 2006- |
| 937 | 2007 school year, promotion from a school composed of middle |
| 938 | grades 6, 7, and 8 requires that: |
| 939 | (a) The student must successfully complete academic |
| 940 | courses as follows: |
| 941 | 1. Three middle school or higher year-long courses in |
| 942 | English. These courses shall emphasize literature, composition, |
| 943 | and reading for information. |
| 944 | 2. Three middle school or higher year-long courses in |
| 945 | mathematics. Each middle school must offer at least one high- |
| 946 | school-level mathematics course for which students may earn high |
| 947 | school credit. |
| 948 | 3. Three middle school or higher year-long courses in |
| 949 | social studies, including American history and world history. |
| 950 | 4. Three middle school or higher year-long courses in |
| 951 | science. |
| 952 | 5. One half-year course in career exploration and |
| 953 | education planning to be completed in grade 7 or grade 8. The |
| 954 | course may be taught by any member of the instructional staff; |
| 955 | must include a web-based career exploration program; must |
| 956 | include educational planning using the online student advising |
| 957 | system Florida Academic Counseling and Tracking for Students at |
| 958 | the Internet website FACTS.org; must provide information to each |
| 959 | student about high school programs and courses that are |
| 960 | available, including acceleration mechanisms, career and |
| 961 | technical programs, and career and professional academies |
| 962 | pursuant to s. 1003.493; and shall result in the completion of |
| 963 | an electronic personal education plan. Each student's plan must |
| 964 | be signed by the student, the student's guidance counselor, and |
| 965 | the student's parent. By January 1, 2007, the Department of |
| 966 | Education shall develop a course framework and professional |
| 967 | development materials for the career exploration and education |
| 968 | planning course. |
| 969 | (b) For each year in which a student scores at Level l on |
| 970 | FCAT Reading, the student must be enrolled in and complete an |
| 971 | intensive reading course the following year. Placement of Level |
| 972 | 2 readers in either an intensive reading course or a content |
| 973 | area course in which reading strategies are delivered shall be |
| 974 | determined by diagnosis of reading needs. The department shall |
| 975 | provide guidance on appropriate strategies for diagnosing and |
| 976 | meeting the varying instructional needs of students reading |
| 977 | below grade level. Reading courses shall be designed and offered |
| 978 | pursuant to the comprehensive reading plan required by s. |
| 979 | 1011.62(8). |
| 980 | (c) For each year in which a student scores at Level 1 on |
| 981 | FCAT Mathematics, the student must complete an intensive |
| 982 | mathematics course the following year, which may be integrated |
| 983 | into the student's required mathematics course. These courses |
| 984 | are subject to approval by the department for inclusion in the |
| 985 | Course Code Directory. |
| 986 | (2) Students in grade 6, grade 7, or grade 8 who are not |
| 987 | enrolled in schools with a middle grades configuration are |
| 988 | subject to the promotion requirements of this section. |
| 989 | (3) The State Board of Education may adopt rules pursuant |
| 990 | to ss. 120.536(1) and 120.54 to implement the provisions of this |
| 991 | section and may enforce the provisions of this section pursuant |
| 992 | to s. 1008.32. |
| 993 | Section 20. Subsection (1) of section 1003.42, Florida |
| 994 | Statutes, is amended to read: |
| 995 | 1003.42 Required instruction.-- |
| 996 | (1) Each district school board shall provide all courses |
| 997 | required for middle grades promotion, high school graduation, |
| 998 | and appropriate instruction designed to ensure that all students |
| 999 | have the opportunity to meet State Board of Education adopted |
| 1000 | standards in the following subject areas: reading and other |
| 1001 | language arts, mathematics, science, social studies, foreign |
| 1002 | languages, health and physical education, and the arts. |
| 1003 | Section 21. Section 1003.428, Florida Statutes, is created |
| 1004 | to read: |
| 1005 | 1003.428 General requirements for high school graduation; |
| 1006 | revised.-- |
| 1007 | (1) Except as otherwise authorized pursuant to s. |
| 1008 | 1003.429, beginning with students entering their first year of |
| 1009 | high school in the 2007-2008 school year, graduation requires |
| 1010 | the successful completion of a minimum of 24 credits, an |
| 1011 | International Baccalaureate curriculum, or an Advanced |
| 1012 | International Certificate of Education curriculum. Students must |
| 1013 | be advised of eligibility requirements for state scholarship |
| 1014 | programs and postsecondary admissions. |
| 1015 | (2) The 24 credits may be earned through applied, |
| 1016 | integrated, and combined courses approved by the Department of |
| 1017 | Education and shall be distributed as follows: |
| 1018 | (a) Fourteen core curriculum credits: |
| 1019 | 1. Four credits in English, with major concentration in |
| 1020 | composition, reading for information, and literature. |
| 1021 | 2. Four credits in mathematics, one of which must be |
| 1022 | Algebra I, a series of courses equivalent to Algebra I, or a |
| 1023 | higher-level mathematics course. School districts are encouraged |
| 1024 | to set specific goals to increase enrollments in, and successful |
| 1025 | completion of, geometry and Algebra II. |
| 1026 | 3. Three credits in science, two of which must have a |
| 1027 | laboratory component. |
| 1028 | 4. Three credits in social studies as follows: one credit |
| 1029 | in American history; one credit in world history; one-half |
| 1030 | credit in economics; and one-half credit in American government. |
| 1031 | (b) Ten credits in majors, minors, or electives: |
| 1032 | 1. Four credits in a major area of study, such as |
| 1033 | sequential courses in a career and technical program, fine and |
| 1034 | performing arts, or academic content area, selected by the |
| 1035 | student as part of the education plan required by s. 1003.4156. |
| 1036 | Annually by October 1, the district school board shall approve |
| 1037 | major areas of study and submit the list of majors to the |
| 1038 | Commissioner of Education for approval. Each major shall be |
| 1039 | deemed approved unless specifically rejected by the commissioner |
| 1040 | within 60 days. Upon approval, each district's majors shall be |
| 1041 | available for use by all school districts and shall be posted on |
| 1042 | the department's website. |
| 1043 | 2. Six credits in elective courses selected by the student |
| 1044 | as part of the education plan required by s. 1003.4156. These |
| 1045 | credits may be combined to allow for a second major area of |
| 1046 | study pursuant to subparagraph 1., a minor area of study, |
| 1047 | elective courses, intensive reading or mathematics intervention |
| 1048 | courses, or credit recovery courses as described in this |
| 1049 | subparagraph. |
| 1050 | a. Minor areas of study are composed of three credits |
| 1051 | selected by the student as part of the education plan required |
| 1052 | by s. 1003.4156 and approved by the district school board. |
| 1053 | b. Elective courses are selected by the student in order |
| 1054 | to pursue a complete education program as described in s. |
| 1055 | 1001.41(3) and to meet eligibility requirements for |
| 1056 | scholarships. |
| 1057 | c. For each year in which a student scores at Level l on |
| 1058 | FCAT Reading, the student must be enrolled in and complete an |
| 1059 | intensive reading course the following year. Placement of Level |
| 1060 | 2 readers in either an intensive reading course or a content |
| 1061 | area course in which reading strategies are delivered shall be |
| 1062 | determined by diagnosis of reading needs. The department shall |
| 1063 | provide guidance on appropriate strategies for diagnosing and |
| 1064 | meeting the varying instructional needs of students reading |
| 1065 | below grade level. Reading courses shall be designed and offered |
| 1066 | pursuant to the comprehensive reading plan required by s. |
| 1067 | 1011.62(8). |
| 1068 | d. For each year in which a student scores at Level 1 on |
| 1069 | FCAT Mathematics, the student must complete an intensive |
| 1070 | mathematics course the following year. These courses may be |
| 1071 | taught through applied, integrated, or combined courses and are |
| 1072 | subject to approval by the department for inclusion in the |
| 1073 | Course Code Directory. |
| 1074 | e. Credit recovery courses shall be offered so that |
| 1075 | students can simultaneously earn an elective credit and the |
| 1076 | recovered credit. |
| 1077 | (3)(a) A district school board may require specific |
| 1078 | courses and programs of study within the minimum credit |
| 1079 | requirements for high school graduation and shall modify basic |
| 1080 | courses, as necessary, to assure exceptional students the |
| 1081 | opportunity to meet the graduation requirements for a standard |
| 1082 | diploma, using one of the following strategies: |
| 1083 | 1. Assignment of the exceptional student to an exceptional |
| 1084 | education class for instruction in a basic course with the same |
| 1085 | student performance standards as those required of |
| 1086 | nonexceptional students in the district school board student |
| 1087 | progression plan; or |
| 1088 | 2. Assignment of the exceptional student to a basic |
| 1089 | education class for instruction that is modified to accommodate |
| 1090 | the student's exceptionality. |
| 1091 | (b) The district school board shall determine which of |
| 1092 | these strategies to employ based upon an assessment of the |
| 1093 | student's needs and shall reflect this decision in the student's |
| 1094 | individual education plan. |
| 1095 | (4) Each district school board shall establish standards |
| 1096 | for graduation from its schools, which must include: |
| 1097 | (a) Earning passing scores on the FCAT, as defined in s. |
| 1098 | 1008.22(3)(c), or scores on a standardized test that are |
| 1099 | concordant with passing scores on the FCAT as defined in s. |
| 1100 | 1008.22(9). |
| 1101 | (b) Completion of all other applicable requirements |
| 1102 | prescribed by the district school board pursuant to s. 1008.25. |
| 1103 | (c) Achievement of a cumulative grade point average of 2.0 |
| 1104 | on a 4.0 scale, or its equivalent, in the courses required by |
| 1105 | this section. |
| 1106 | (5) The State Board of Education, after a public hearing |
| 1107 | and consideration, shall adopt rules based upon the |
| 1108 | recommendations of the commissioner for the provision of test |
| 1109 | accommodations and modifications of procedures as necessary for |
| 1110 | students with disabilities which will demonstrate the student's |
| 1111 | abilities rather than reflect the student's impaired sensory, |
| 1112 | manual, speaking, or psychological process skills. |
| 1113 | (6) The public hearing and consideration required in |
| 1114 | subsection (5) shall not be construed to amend or nullify the |
| 1115 | requirements of security relating to the contents of |
| 1116 | examinations or assessment instruments and related materials or |
| 1117 | data as prescribed in s. 1008.23. |
| 1118 | (7)(a) A student who meets all requirements prescribed in |
| 1119 | subsections (1), (2), (3), and(4) shall be awarded a standard |
| 1120 | diploma in a form prescribed by the State Board of Education. |
| 1121 | (b) A student who completes the minimum number of credits |
| 1122 | and other requirements prescribed by subsections (1), (2), and |
| 1123 | (3), but who is unable to meet the standards of paragraph |
| 1124 | (4)(a), paragraph (4)(b), or paragraph (4)(c), shall be awarded |
| 1125 | a certificate of completion in a form prescribed by the State |
| 1126 | Board of Education. However, any student who is otherwise |
| 1127 | entitled to a certificate of completion may elect to remain in |
| 1128 | the secondary school either as a full-time student or a part- |
| 1129 | time student for up to 1 additional year and receive special |
| 1130 | instruction designed to remedy his or her identified |
| 1131 | deficiencies. |
| 1132 | (8)(a) Each district school board must provide instruction |
| 1133 | to prepare students with disabilities to demonstrate proficiency |
| 1134 | in the skills and competencies necessary for successful grade- |
| 1135 | to-grade progression and high school graduation. |
| 1136 | (b) A student with a disability, as defined in s. |
| 1137 | 1007.02(2), for whom the individual education plan (IEP) |
| 1138 | committee determines that the FCAT cannot accurately measure the |
| 1139 | student's abilities taking into consideration all allowable |
| 1140 | accommodations, shall have the FCAT requirement of paragraph |
| 1141 | (4)(a) waived for the purpose of receiving a standard high |
| 1142 | school diploma, if the student: |
| 1143 | 1. Completes the minimum number of credits and other |
| 1144 | requirements prescribed by subsections (1), (2), and (3). |
| 1145 | 2. Does not meet the requirements of paragraph (4)(a) |
| 1146 | after one opportunity in 10th grade and one opportunity in 11th |
| 1147 | grade. |
| 1148 | (9) The Commissioner of Education may award a standard |
| 1149 | high school diploma to honorably discharged veterans who started |
| 1150 | high school between 1937 and 1946 and were scheduled to graduate |
| 1151 | between 1941 and 1950 but were inducted into the United States |
| 1152 | Armed Forces between September 16, 1940, and December 31, 1946, |
| 1153 | prior to completing the necessary high school graduation |
| 1154 | requirements. Upon the recommendation of the commissioner, the |
| 1155 | State Board of Education may develop criteria and guidelines for |
| 1156 | awarding such diplomas. |
| 1157 | (10) The Commissioner of Education may award a standard |
| 1158 | high school diploma to honorably discharged veterans who started |
| 1159 | high school between 1946 and 1950 and were scheduled to graduate |
| 1160 | between 1950 and 1954, but were inducted into the United States |
| 1161 | Armed Forces between June 27, 1950, and January 31, 1955, and |
| 1162 | served during the Korean Conflict prior to completing the |
| 1163 | necessary high school graduation requirements. Upon the |
| 1164 | recommendation of the commissioner, the State Board of Education |
| 1165 | may develop criteria and guidelines for awarding such diplomas. |
| 1166 | (11) The State Board of Education may adopt rules pursuant |
| 1167 | to ss. 120.536(1) and 120.54 to implement the provisions of this |
| 1168 | section and may enforce the provisions of this section pursuant |
| 1169 | to s. 1008.32. |
| 1170 | Section 22. Section 1003.437, Florida Statutes, is amended |
| 1171 | to read: |
| 1172 | 1003.437 Middle and high school grading system.--The |
| 1173 | grading system and interpretation of letter grades used for |
| 1174 | students in public high schools in grades 6 through 12 shall be |
| 1175 | as follows: |
| 1176 | (1) Grade "A" equals 90 percent through 100 percent, has a |
| 1177 | grade point average value of 4, and is defined as "outstanding |
| 1178 | progress." |
| 1179 | (2) Grade "B" equals 80 percent through 89 percent, has a |
| 1180 | grade point average value of 3, and is defined as "above average |
| 1181 | progress." |
| 1182 | (3) Grade "C" equals 70 percent through 79 percent, has a |
| 1183 | grade point average value of 2, and is defined as "average |
| 1184 | progress." |
| 1185 | (4) Grade "D" equals 60 percent through 69 percent, has a |
| 1186 | grade point average value of 1, and is defined as "lowest |
| 1187 | acceptable progress." |
| 1188 | (5) Grade "F" equals zero percent through 59 percent, has |
| 1189 | a grade point average value of zero, and is defined as |
| 1190 | "failure." |
| 1191 | (6) Grade "I" equals zero percent, has a grade point |
| 1192 | average value of zero, and is defined as "incomplete." |
| 1193 |
|
| 1194 | For the purposes of class ranking for students in grades 9 |
| 1195 | through 12, district school boards may exercise a weighted |
| 1196 | grading system. |
| 1197 | Section 23. Subsections (3) and (4) of section 1003.492, |
| 1198 | Florida Statutes, are repealed. |
| 1199 | Section 24. Section 1003.493, Florida Statutes, is created |
| 1200 | to read: |
| 1201 | 1003.493 Career and professional academies.-- |
| 1202 | (1) A career and professional academy is a research-based |
| 1203 | program that integrates a rigorous academic curriculum with an |
| 1204 | industry-driven career curriculum. Career and professional |
| 1205 | academies may be offered by public schools, school districts, or |
| 1206 | the Florida Virtual School. Students completing career and |
| 1207 | professional academy programs receive a standard high school |
| 1208 | diploma, the highest available industry certification, and |
| 1209 | postsecondary credit if the academy partners with a |
| 1210 | postsecondary institution. |
| 1211 | (2) The goals of career and professional academies are to: |
| 1212 | (a) Increase student academic achievement and graduation |
| 1213 | rates through integrated academic and career curricula. |
| 1214 | (b) Focus on career preparation through rigorous academics |
| 1215 | and industry certification. |
| 1216 | (c) Raise student aspiration and commitment to academic |
| 1217 | achievement and work ethics. |
| 1218 | (d) Support the revised graduation requirements pursuant |
| 1219 | to s. 1003.428 by providing creative, applied majors. |
| 1220 | (e) Promote acceleration mechanisms, such as dual |
| 1221 | enrollment, articulated credit, or occupational completion |
| 1222 | points, so that students may earn postsecondary credit while in |
| 1223 | high school. |
| 1224 | (f) Support the state's economy by meeting industry needs |
| 1225 | for skilled employees in high-demand occupations. |
| 1226 | (3) A career and professional academy may be offered as |
| 1227 | one of the following small learning communities: |
| 1228 | (a) A school-within-a-school career academy, as part of an |
| 1229 | existing high school, that provides courses in one occupational |
| 1230 | cluster. Students in the high school are not required to be |
| 1231 | students in the academy. |
| 1232 | (b) A total school configuration providing multiple |
| 1233 | academies each structured around an occupational cluster. Every |
| 1234 | student in the school is in an academy. |
| 1235 | (4) Each career and professional academy must: |
| 1236 | (a) Provide a rigorous standards-based academic curriculum |
| 1237 | integrated with a career curriculum. The curriculum must take |
| 1238 | into consideration multiple styles of student learning; promote |
| 1239 | learning by doing through application and adaptation; maximize |
| 1240 | relevance of the subject matter; enhance each student's capacity |
| 1241 | to excel; and include an emphasis on work habits and work |
| 1242 | ethics. |
| 1243 | (b) Include one or more partnerships with postsecondary |
| 1244 | institutions, businesses, industry, employers, economic |
| 1245 | development organizations, or other appropriate partners from |
| 1246 | the local community. Such partnerships must provide |
| 1247 | opportunities for: |
| 1248 | 1. Instruction from highly skilled professionals. |
| 1249 | 2. Internships, externships, and on-the-job training. |
| 1250 | 3. A postsecondary degree, diploma, or certificate. |
| 1251 | 4. The highest available level of industry certification. |
| 1252 | Where no national or state certification exists, school |
| 1253 | districts may establish a local certification in conjunction |
| 1254 | with the local workforce development board, the chamber of |
| 1255 | commerce, or the Agency for Workforce Innovation. |
| 1256 | 5. Maximum articulation of credits pursuant to s. 1007.23 |
| 1257 | upon program completion. |
| 1258 | (c) Provide creative and tailored student advisement, |
| 1259 | including parent participation and coordination with middle |
| 1260 | schools to provide career exploration and education planning as |
| 1261 | required under s. 1003.4156. Coordination with middle schools |
| 1262 | must provide information to middle school students about |
| 1263 | secondary and postsecondary career education programs and |
| 1264 | academies. |
| 1265 | (d) Provide a career education certification on the high |
| 1266 | school diploma pursuant to s. 1003.431. |
| 1267 | (e) Provide instruction in careers designated as high |
| 1268 | growth, high demand, and high pay by the local workforce |
| 1269 | development board, the chamber of commerce, or the Agency for |
| 1270 | Workforce Innovation. |
| 1271 | (f) Deliver academic content through instruction relevant |
| 1272 | to the career, including intensive reading and mathematics |
| 1273 | intervention required by s. 1003.428, with an emphasis on |
| 1274 | strengthening reading for information skills. |
| 1275 | (g) Provide instruction resulting in competency, |
| 1276 | certification, or credentials in workplace skills, including, |
| 1277 | but not limited to, communication skills, interpersonal skills, |
| 1278 | decisionmaking skills, the importance of attendance and |
| 1279 | timeliness in the work environment, and work ethics. |
| 1280 | (h) Provide opportunities for students to obtain the |
| 1281 | Florida Ready to Work Certification pursuant to s. 1004.99. |
| 1282 | (i) Include an evaluation plan developed jointly with the |
| 1283 | Department of Education. The evaluation plan must include a |
| 1284 | self-assessment tool based on standards, such as the Career |
| 1285 | Academy National Standards of Practice, and outcome measures |
| 1286 | including, but not limited to, graduation rates, enrollment in |
| 1287 | postsecondary education, business and industry satisfaction, |
| 1288 | employment and earnings, achievement of industry certification, |
| 1289 | awards of postsecondary credit, and FCAT achievement levels and |
| 1290 | learning gains. |
| 1291 | Section 25. Section 1003.57, Florida Statutes, is amended |
| 1292 | to read: |
| 1293 | 1003.57 Exceptional students instruction.-- |
| 1294 | (1) Each district school board shall provide for an |
| 1295 | appropriate program of special instruction, facilities, and |
| 1296 | services for exceptional students as prescribed by the State |
| 1297 | Board of Education as acceptable, including provisions that: |
| 1298 | (a)(1) The district school board provide the necessary |
| 1299 | professional services for diagnosis and evaluation of |
| 1300 | exceptional students. |
| 1301 | (b)(2) The district school board provide the special |
| 1302 | instruction, classes, and services, either within the district |
| 1303 | school system, in cooperation with other district school |
| 1304 | systems, or through contractual arrangements with approved |
| 1305 | private schools or community facilities that meet standards |
| 1306 | established by the commissioner. |
| 1307 | (c)(3) The district school board annually provide |
| 1308 | information describing the Florida School for the Deaf and the |
| 1309 | Blind and all other programs and methods of instruction |
| 1310 | available to the parent of a sensory-impaired student. |
| 1311 | (d)(4) The district school board, once every 3 years, |
| 1312 | submit to the department its proposed procedures for the |
| 1313 | provision of special instruction and services for exceptional |
| 1314 | students. |
| 1315 | (e)(5) A No student may not be given special instruction |
| 1316 | or services as an exceptional student until after he or she has |
| 1317 | been properly evaluated, classified, and placed in the manner |
| 1318 | prescribed by rules of the State Board of Education. The parent |
| 1319 | of an exceptional student evaluated and placed or denied |
| 1320 | placement in a program of special education shall be notified of |
| 1321 | each such evaluation and placement or denial. Such notice shall |
| 1322 | contain a statement informing the parent that he or she is |
| 1323 | entitled to a due process hearing on the identification, |
| 1324 | evaluation, and placement, or lack thereof. Such hearings shall |
| 1325 | be exempt from the provisions of ss. 120.569, 120.57, and |
| 1326 | 286.011, except to the extent that the State Board of Education |
| 1327 | adopts rules establishing other procedures and any records |
| 1328 | created as a result of such hearings shall be confidential and |
| 1329 | exempt from the provisions of s. 119.07(1). The hearing must be |
| 1330 | conducted by an administrative law judge from the Division of |
| 1331 | Administrative Hearings of the Department of Management |
| 1332 | Services. The decision of the administrative law judge shall be |
| 1333 | final, except that any party aggrieved by the finding and |
| 1334 | decision rendered by the administrative law judge shall have the |
| 1335 | right to bring a civil action in the circuit court. In such an |
| 1336 | action, the court shall receive the records of the |
| 1337 | administrative hearing and shall hear additional evidence at the |
| 1338 | request of either party. In the alternative, any party aggrieved |
| 1339 | by the finding and decision rendered by the administrative law |
| 1340 | judge shall have the right to request an impartial review of the |
| 1341 | administrative law judge's order by the district court of appeal |
| 1342 | as provided by s. 120.68. Notwithstanding any law to the |
| 1343 | contrary, during the pendency of any proceeding conducted |
| 1344 | pursuant to this section, unless the district school board and |
| 1345 | the parents otherwise agree, the student shall remain in his or |
| 1346 | her then-current educational assignment or, if applying for |
| 1347 | initial admission to a public school, shall be assigned, with |
| 1348 | the consent of the parents, in the public school program until |
| 1349 | all such proceedings have been completed. |
| 1350 | (f)(6) In providing for the education of exceptional |
| 1351 | students, the district school superintendent, principals, and |
| 1352 | teachers shall utilize the regular school facilities and adapt |
| 1353 | them to the needs of exceptional students to the maximum extent |
| 1354 | appropriate. Segregation of exceptional students shall occur |
| 1355 | only if the nature or severity of the exceptionality is such |
| 1356 | that education in regular classes with the use of supplementary |
| 1357 | aids and services cannot be achieved satisfactorily. |
| 1358 | (g)(7) In addition to the services agreed to in a |
| 1359 | student's individual education plan, the district school |
| 1360 | superintendent shall fully inform the parent of a student having |
| 1361 | a physical or developmental disability of all available services |
| 1362 | that are appropriate for the student's disability. The |
| 1363 | superintendent shall provide the student's parent with a summary |
| 1364 | of the student's rights. |
| 1365 | (2)(a) An exceptional student with a disability who |
| 1366 | resides in a residential facility and receives special |
| 1367 | instruction or services is considered a resident of the state in |
| 1368 | which the student's parent is a resident. The cost of such |
| 1369 | instruction, facilities, and services for a nonresident student |
| 1370 | with a disability shall be provided by the placing authority in |
| 1371 | the student's state of residence, such as a public school |
| 1372 | entity, other placing authority, or parent. A nonresident |
| 1373 | student with a disability may not be reported by any school |
| 1374 | district for FTE funding in the Florida Education Finance |
| 1375 | Program. |
| 1376 | (b) The Department of Education shall provide to each |
| 1377 | school district a statement of the specific limitations of the |
| 1378 | district's financial obligation for exceptional students with |
| 1379 | disabilities under federal and state law. The department shall |
| 1380 | also provide to each school district technical assistance as |
| 1381 | necessary for developing a local plan to impose on a student's |
| 1382 | home state the fiscal responsibility for educating a nonresident |
| 1383 | exceptional student with a disability. |
| 1384 | (c) The Department of Education shall develop a process by |
| 1385 | which a school district must, before providing services to an |
| 1386 | exceptional student with a disability who resides in a |
| 1387 | residential facility in this state, review the residency of the |
| 1388 | student. The residential facility, not the district, is |
| 1389 | responsible for billing and collecting from a nonresidential |
| 1390 | student's home state payment for the student's educational and |
| 1391 | related services. |
| 1392 | (d) This subsection applies to any nonresident student |
| 1393 | with a disability who resides in a residential facility and who |
| 1394 | receives instruction as an exceptional student with a disability |
| 1395 | in any type of residential facility in this state, including, |
| 1396 | but not limited to, a public school, a private school, a group |
| 1397 | home facility as defined in s. 393.063, an intensive residential |
| 1398 | treatment program for children and adolescents as defined in s. |
| 1399 | 395.002, a facility as defined in s. 394.455, an intermediate |
| 1400 | care facility for the developmentally disabled or ICF/DD as |
| 1401 | defined in s. 393.063 or s. 400.960, or a community residential |
| 1402 | home as defined in s. 419.001. |
| 1403 | Section 26. Section 1003.576, Florida Statutes, is created |
| 1404 | to read: |
| 1405 | 1003.576 Individual education plans for exceptional |
| 1406 | students.--The Department of Education shall develop an |
| 1407 | individual education plan (IEP) form for use in developing and |
| 1408 | implementing individual education plans for exceptional |
| 1409 | students. The IEP form must be available electronically, include |
| 1410 | notice of testing accommodations pursuant to s. 1008.22(3), and |
| 1411 | have a streamlined format. To provide for the use of an existing |
| 1412 | IEP form when a student transfers from one school district to |
| 1413 | another, the IEP form developed by the department must be used |
| 1414 | in each school district in the state. |
| 1415 | Section 27. Subsection (3) of section 1003.58, Florida |
| 1416 | Statutes, is amended to read: |
| 1417 | 1003.58 Students in residential care facilities.--Each |
| 1418 | district school board shall provide educational programs |
| 1419 | according to rules of the State Board of Education to students |
| 1420 | who reside in residential care facilities operated by the |
| 1421 | Department of Children and Family Services. |
| 1422 | (3) The district school board shall have full and complete |
| 1423 | authority in the matter of the assignment and placement of such |
| 1424 | students in educational programs. The parent of an exceptional |
| 1425 | student shall have the same due process rights as are provided |
| 1426 | under s. 1003.57(1)(e)(5). |
| 1427 |
|
| 1428 | Notwithstanding the provisions herein, the educational program |
| 1429 | at the Marianna Sunland Center in Jackson County shall be |
| 1430 | operated by the Department of Education, either directly or |
| 1431 | through grants or contractual agreements with other public or |
| 1432 | duly accredited educational agencies approved by the Department |
| 1433 | of Education. |
| 1434 | Section 28. Paragraph (a) of subsection (1) and paragraph |
| 1435 | (a) of subsection (2) of section 1003.62, Florida Statutes, are |
| 1436 | amended to read: |
| 1437 | 1003.62 Academic performance-based charter school |
| 1438 | districts.--The State Board of Education may enter into a |
| 1439 | performance contract with district school boards as authorized |
| 1440 | in this section for the purpose of establishing them as academic |
| 1441 | performance-based charter school districts. The purpose of this |
| 1442 | section is to examine a new relationship between the State Board |
| 1443 | of Education and district school boards that will produce |
| 1444 | significant improvements in student achievement, while complying |
| 1445 | with constitutional and statutory requirements assigned to each |
| 1446 | entity. |
| 1447 | (1) ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL DISTRICT.-- |
| 1448 | (a) A school district shall be eligible for designation as |
| 1449 | an academic performance-based charter school district if it is a |
| 1450 | high-performing school district in which a minimum of 50 percent |
| 1451 | of the schools earn a performance grade of category "A" or "B" |
| 1452 | and in which no school earns a performance grade of category "D" |
| 1453 | or "F" for 2 consecutive years pursuant to s. 1008.34. Schools |
| 1454 | that receive a performance grade of category "I" or "N" shall |
| 1455 | not be included in this calculation. The performance contract |
| 1456 | for a school district that earns a charter based on school |
| 1457 | performance grades shall be predicated on maintenance of at |
| 1458 | least 50 percent of the schools in the school district earning a |
| 1459 | performance grade of category "A" or "B" with no school in the |
| 1460 | school district earning a performance grade of category "D" or |
| 1461 | "F" for 2 consecutive years. A school district in which the |
| 1462 | number of schools that earn a performance grade of "A" or "B" is |
| 1463 | less than 50 percent may have its charter renewed for 1 year; |
| 1464 | however, if the percentage of "A" or "B" schools is less than 50 |
| 1465 | percent for 2 consecutive years, the charter shall not be |
| 1466 | renewed. |
| 1467 | (2) EXEMPTION FROM STATUTES AND RULES.-- |
| 1468 | (a) An academic performance-based charter school district |
| 1469 | shall operate in accordance with its charter and shall be exempt |
| 1470 | from certain State Board of Education rules and statutes if the |
| 1471 | State Board of Education determines such an exemption will |
| 1472 | assist the district in maintaining or improving its high- |
| 1473 | performing status pursuant to paragraph (1)(a). However, the |
| 1474 | State Board of Education may not exempt an academic performance- |
| 1475 | based charter school district from any of the following |
| 1476 | statutes: |
| 1477 | 1. Those statutes pertaining to the provision of services |
| 1478 | to students with disabilities. |
| 1479 | 2. Those statutes pertaining to civil rights, including s. |
| 1480 | 1000.05, relating to discrimination. |
| 1481 | 3. Those statutes pertaining to student health, safety, |
| 1482 | and welfare. |
| 1483 | 4. Those statutes governing the election or compensation |
| 1484 | of district school board members. |
| 1485 | 5. Those statutes pertaining to the student assessment |
| 1486 | program and the school grading system, including chapter 1008. |
| 1487 | 6. Those statutes pertaining to financial matters, |
| 1488 | including chapter 1010. |
| 1489 | 7. Those statutes pertaining to planning and budgeting, |
| 1490 | including chapter 1011, except that ss. 1011.64 and 1011.69 |
| 1491 | shall be eligible for exemption. |
| 1492 | 8. Sections 1012.22(1)(c) and 1012.27(2), relating to |
| 1493 | performance-pay policies and differentiated pay for school |
| 1494 | administrators and instructional personnel. Professional service |
| 1495 | contracts shall be subject to the provisions of ss. 1012.33 and |
| 1496 | 1012.34. |
| 1497 | 9. Those statutes pertaining to educational facilities, |
| 1498 | including chapter 1013, except as specified under contract with |
| 1499 | the State Board of Education. However, no contractual provision |
| 1500 | that could have the effect of requiring the appropriation of |
| 1501 | additional capital outlay funds to the academic performance- |
| 1502 | based charter school district shall be valid. |
| 1503 | Section 29. Section 1004.99, Florida Statutes, is created |
| 1504 | to read: |
| 1505 | 1004.99 Florida Ready to Work Certification Program.-- |
| 1506 | (1) There is created the Florida Ready to Work |
| 1507 | Certification Program to enhance the workplace skills of |
| 1508 | Florida's students to better prepare them for successful entry- |
| 1509 | level employment in specific occupations. |
| 1510 | (2) The Florida Ready to Work Certification Program may be |
| 1511 | conducted in public high schools, community colleges, technical |
| 1512 | centers, one-stop career centers, vocational rehabilitation |
| 1513 | centers, and Department of Juvenile Justice educational |
| 1514 | facilities. The Department of Education shall establish |
| 1515 | institutional readiness criteria for program implementation. |
| 1516 | (3) The Florida Ready to Work Certification Program shall |
| 1517 | be composed of: |
| 1518 | (a) A comprehensive identification of workplace skills for |
| 1519 | each occupation identified for inclusion in the program by the |
| 1520 | Agency for Workforce Innovation. |
| 1521 | (b) A preinstructional assessment that delineates the |
| 1522 | student's mastery level on the specific workplace skills |
| 1523 | identified for that occupation. |
| 1524 | (c) A targeted instructional program limited to those |
| 1525 | identified workplace skills in which the student is not |
| 1526 | proficient as measured by the preinstructional assessment. |
| 1527 | Instruction must utilize a web-based program and be customized |
| 1528 | to meet identified specific needs of local employers. |
| 1529 | (d) A certificate and portfolio awarded to students upon |
| 1530 | successful completion of the instruction. Each portfolio must |
| 1531 | delineate the skills demonstrated by the student as evidence of |
| 1532 | the student's preparation for employment. |
| 1533 | (4) The State Board of Education, in consultation with the |
| 1534 | Agency for Workforce Innovation, may adopt rules pursuant to ss. |
| 1535 | 120.536(1) and 120.54 to implement the provisions of this |
| 1536 | section. |
| 1537 | Section 30. Subsection (4) of section 1006.09, Florida |
| 1538 | Statutes, is amended to read: |
| 1539 | 1006.09 Duties of school principal relating to student |
| 1540 | discipline and school safety.-- |
| 1541 | (4) When a student has been the victim of a violent crime |
| 1542 | perpetrated by another student who attends the same school, the |
| 1543 | school principal shall make full and effective use of the |
| 1544 | provisions of subsection (2) and s. 1006.13(5). A school |
| 1545 | principal who fails to comply with this subsection shall be |
| 1546 | ineligible for any portion of the performance-pay performance |
| 1547 | pay policy incentive or the differentiated pay under s. |
| 1548 | 1012.22(1)(c). However, if any party responsible for |
| 1549 | notification fails to properly notify the school, the school |
| 1550 | principal shall be eligible for the incentive or differentiated |
| 1551 | pay. |
| 1552 | Section 31. Paragraph (c) of subsection (3) of section |
| 1553 | 1007.2615, Florida Statutes, is amended to read: |
| 1554 | 1007.2615 American Sign Language; findings; foreign- |
| 1555 | language credits authorized; teacher licensing.-- |
| 1556 | (3) DUTIES OF COMMISSIONER OF EDUCATION AND STATE BOARD OF |
| 1557 | EDUCATION; LICENSING OF AMERICAN SIGN LANGUAGE TEACHERS; PLAN |
| 1558 | FOR POSTSECONDARY EDUCATION PROVIDERS.-- |
| 1559 | (c) An ASL teacher must be certified by the Department of |
| 1560 | Education by July 1, 2009 January 1, 2008, and must obtain |
| 1561 | current certification through the Florida American Sign Language |
| 1562 | Teachers' Association (FASLTA) by January 1, 2006. New FASLTA |
| 1563 | certification may be used by current ASL teachers as an |
| 1564 | alternative certification track. |
| 1565 | Section 32. Paragraph (f) of subsection (1), paragraphs |
| 1566 | (c) and (e) of subsection (3), and subsection (9) of section |
| 1567 | 1008.22, Florida Statutes, are amended, paragraph (g) is added |
| 1568 | to subsection (3), subsection (10) is renumbered as subsection |
| 1569 | (11), and a new subsection (10) is added to that section, to |
| 1570 | read: |
| 1571 | 1008.22 Student assessment program for public schools.-- |
| 1572 | (1) PURPOSE.--The primary purposes of the student |
| 1573 | assessment program are to provide information needed to improve |
| 1574 | the public schools by enhancing the learning gains of all |
| 1575 | students and to inform parents of the educational progress of |
| 1576 | their public school children. The program must be designed to: |
| 1577 | (f) Provide information on the performance of Florida |
| 1578 | students compared with that of other students others across the |
| 1579 | United States. |
| 1580 | (3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall |
| 1581 | design and implement a statewide program of educational |
| 1582 | assessment that provides information for the improvement of the |
| 1583 | operation and management of the public schools, including |
| 1584 | schools operating for the purpose of providing educational |
| 1585 | services to youth in Department of Juvenile Justice programs. |
| 1586 | The commissioner may enter into contracts for the continued |
| 1587 | administration of the assessment, testing, and evaluation |
| 1588 | programs authorized and funded by the Legislature. Contracts may |
| 1589 | be initiated in 1 fiscal year and continue into the next and may |
| 1590 | be paid from the appropriations of either or both fiscal years. |
| 1591 | The commissioner is authorized to negotiate for the sale or |
| 1592 | lease of tests, scoring protocols, test scoring services, and |
| 1593 | related materials developed pursuant to law. Pursuant to the |
| 1594 | statewide assessment program, the commissioner shall: |
| 1595 | (c) Develop and implement a student achievement testing |
| 1596 | program known as the Florida Comprehensive Assessment Test |
| 1597 | (FCAT) as part of the statewide assessment program, to be |
| 1598 | administered annually in grades 3 through 10 to measure reading, |
| 1599 | writing, science, and mathematics. Other content areas may be |
| 1600 | included as directed by the commissioner. The assessment of |
| 1601 | reading and mathematics shall be administered annually in grades |
| 1602 | 3 through 10. The assessment of writing and science shall be |
| 1603 | administered at least once at each of the elementary, middle, |
| 1604 | and high school levels. The commissioner must document the |
| 1605 | procedures that ensure that the versions of the FCAT taken by |
| 1606 | students retaking the grade 10 FCAT are as equally challenging |
| 1607 | and difficult as the tests taken by students in grade 10 that |
| 1608 | contain performance tasks. The testing program must be designed |
| 1609 | so that: |
| 1610 | 1. The tests measure student skills and competencies |
| 1611 | adopted by the State Board of Education as specified in |
| 1612 | paragraph (a). The tests must measure and report student |
| 1613 | proficiency levels in reading, writing, mathematics, and |
| 1614 | science. The commissioner shall provide for the tests to be |
| 1615 | developed or obtained, as appropriate, through contracts and |
| 1616 | project agreements with private vendors, public vendors, public |
| 1617 | agencies, postsecondary educational institutions, or school |
| 1618 | districts. The commissioner shall obtain input with respect to |
| 1619 | the design and implementation of the testing program from state |
| 1620 | educators and the public. |
| 1621 | 2. The testing program will include a combination of norm- |
| 1622 | referenced and criterion-referenced tests and include, to the |
| 1623 | extent determined by the commissioner, questions that require |
| 1624 | the student to produce information or perform tasks in such a |
| 1625 | way that the skills and competencies he or she uses can be |
| 1626 | measured. |
| 1627 | 3. Each testing program, whether at the elementary, |
| 1628 | middle, or high school level, includes a test of writing in |
| 1629 | which students are required to produce writings that are then |
| 1630 | scored by appropriate methods. |
| 1631 | 4. A score is designated for each subject area tested, |
| 1632 | below which score a student's performance is deemed inadequate. |
| 1633 | The school districts shall provide appropriate remedial |
| 1634 | instruction to students who score below these levels. |
| 1635 | 5. Except as provided in s. 1003.428(8)(b) or s. |
| 1636 | 1003.43(11)(b), students must earn a passing score on the grade |
| 1637 | 10 assessment test described in this paragraph or attain |
| 1638 | concordant scores on an alternate assessment as described in |
| 1639 | subsection (9) in reading, writing, and mathematics to qualify |
| 1640 | for a regular high school diploma. The State Board of Education |
| 1641 | shall designate a passing score for each part of the grade 10 |
| 1642 | assessment test. In establishing passing scores, the state board |
| 1643 | shall consider any possible negative impact of the test on |
| 1644 | minority students. All students who took the grade 10 FCAT |
| 1645 | during the 2000-2001 school year shall be required to earn the |
| 1646 | passing scores in reading and mathematics established by the |
| 1647 | State Board of Education for the March 2001 test administration. |
| 1648 | Such students who did not earn the established passing scores |
| 1649 | and must repeat the grade 10 FCAT are required to earn the |
| 1650 | passing scores established for the March 2001 test |
| 1651 | administration. All students who take the grade 10 FCAT for the |
| 1652 | first time in March 2002 shall be required to earn the passing |
| 1653 | scores in reading and mathematics established by the State Board |
| 1654 | of Education for the March 2002 test administration. The State |
| 1655 | Board of Education shall adopt rules which specify the passing |
| 1656 | scores for the grade 10 FCAT. Any such rules, which have the |
| 1657 | effect of raising the required passing scores, shall only apply |
| 1658 | to students taking the grade 10 FCAT for the first time after |
| 1659 | such rules are adopted by the State Board of Education. |
| 1660 | 6. Participation in the testing program is mandatory for |
| 1661 | all students attending public school, including students served |
| 1662 | in Department of Juvenile Justice programs, except as otherwise |
| 1663 | prescribed by the commissioner. If a student does not |
| 1664 | participate in the statewide assessment, the district must |
| 1665 | notify the student's parent and provide the parent with |
| 1666 | information regarding the implications of such nonparticipation. |
| 1667 | If modifications are made in the student's instruction to |
| 1668 | provide accommodations that would not be permitted on the |
| 1669 | statewide assessment tests, the district must notify the |
| 1670 | student's parent of the implications of such instructional |
| 1671 | modifications. A parent must provide signed consent for a |
| 1672 | student to receive instructional modifications that would not be |
| 1673 | permitted on the statewide assessments and must acknowledge in |
| 1674 | writing that he or she understands the implications of such |
| 1675 | accommodations. The State Board of Education shall adopt rules, |
| 1676 | based upon recommendations of the commissioner, for the |
| 1677 | provision of test accommodations and modifications of procedures |
| 1678 | as necessary for students in exceptional education programs and |
| 1679 | for students who have limited English proficiency. |
| 1680 | Accommodations that negate the validity of a statewide |
| 1681 | assessment are not allowable. |
| 1682 | 7. A student seeking an adult high school diploma must |
| 1683 | meet the same testing requirements that a regular high school |
| 1684 | student must meet. |
| 1685 | 8. District school boards must provide instruction to |
| 1686 | prepare students to demonstrate proficiency in the skills and |
| 1687 | competencies necessary for successful grade-to-grade progression |
| 1688 | and high school graduation. If a student is provided with |
| 1689 | accommodations or modifications that are not allowable in the |
| 1690 | statewide assessment program, as described in the test manuals, |
| 1691 | the district must inform the parent in writing and must provide |
| 1692 | the parent with information regarding the impact on the |
| 1693 | student's ability to meet expected proficiency levels in |
| 1694 | reading, writing, and math. The commissioner shall conduct |
| 1695 | studies as necessary to verify that the required skills and |
| 1696 | competencies are part of the district instructional programs. |
| 1697 | 9. District school boards must provide opportunities for |
| 1698 | students to demonstrate an acceptable level of performance on an |
| 1699 | alternative standardized assessment approved by the State Board |
| 1700 | of Education following enrollment in summer academies. |
| 1701 | 10.9. The Department of Education must develop, or select, |
| 1702 | and implement a common battery of assessment tools that will be |
| 1703 | used in all juvenile justice programs in the state. These tools |
| 1704 | must accurately measure the skills and competencies established |
| 1705 | in the Florida Sunshine State Standards. |
| 1706 |
|
| 1707 | The commissioner may design and implement student testing |
| 1708 | programs, for any grade level and subject area, necessary to |
| 1709 | effectively monitor educational achievement in the state. |
| 1710 | (e) Conduct ongoing research and analysis of student |
| 1711 | achievement data, including, without limitation, monitoring |
| 1712 | trends in student achievement by grade level and overall student |
| 1713 | achievement, identifying school programs that are successful, |
| 1714 | and analyzing correlates of school achievement. |
| 1715 | (g) Study the cost and student achievement impact of |
| 1716 | secondary end-of-course assessments, including web-based and |
| 1717 | performance formats, and report to the Legislature prior to |
| 1718 | implementation. |
| 1719 | (9) CONCORDANT SCORES FOR THE FCAT EQUIVALENCIES FOR |
| 1720 | STANDARDIZED TESTS.-- |
| 1721 | (a) The State Board of Education shall analyze the content |
| 1722 | and concordant data sets for widely used high school achievement |
| 1723 | tests, including, but not limited to, the PSAT, PLAN, SAT, ACT, |
| 1724 | and College Placement Test, to assess if concordant scores can |
| 1725 | be determined that correspond to those required on the FCAT for |
| 1726 | high school graduation. In cases where concordant scores can be |
| 1727 | determined, the Commissioner of Education shall adopt those |
| 1728 | scores as meeting the graduation requirement in lieu of |
| 1729 | achieving the FCAT passing score. Each time that test content or |
| 1730 | scoring procedures are changed for either the FCAT or one of the |
| 1731 | identified tests, new concordant scores must be determined. The |
| 1732 | use of concordant scores shall take effect for students who are |
| 1733 | eligible to graduate beginning in the 2003-2004 academic year |
| 1734 | and thereafter. The Commissioner of Education shall approve the |
| 1735 | use of the SAT and ACT tests as alternative assessments to the |
| 1736 | grade 10 FCAT for the 2003-2004 school year. |
| 1737 | (b) Students who attain concordant scores pursuant to this |
| 1738 | subsection on the SAT or ACT which equate to the passing scores |
| 1739 | on the grade 10 FCAT for purposes of high school graduation |
| 1740 | shall satisfy the assessment requirement for a standard high |
| 1741 | school diploma as provided in s. 1003.429(6)(a) or s. |
| 1742 | 1003.43(5)(a) for the 2003-2004 school year if the students meet |
| 1743 | the requirement in paragraph (c) (b). |
| 1744 | (c)(b) A student shall be required to take each subject |
| 1745 | area of the grade 10 FCAT a total of three times without earning |
| 1746 | a passing score in order to use the concordant subject area |
| 1747 | scores on an alternative assessment pursuant to this subsection |
| 1748 | paragraph (a). This requirement shall not apply to a new student |
| 1749 | who enters the Florida is a new student to the public school |
| 1750 | system in grade 12, who may either take the FCAT or use approved |
| 1751 | concordant scores to fulfill the graduation requirement. |
| 1752 | (10) REPORTS.--The Department of Education shall annually |
| 1753 | provide a report to the Governor, the President of the Senate, |
| 1754 | and the Speaker of the House of Representatives on the |
| 1755 | following: |
| 1756 | (a) Longitudinal performance of students in mathematics |
| 1757 | and reading. |
| 1758 | (b) Longitudinal performance of students by grade level in |
| 1759 | mathematics and reading. |
| 1760 | (c) Longitudinal performance regarding efforts to close |
| 1761 | the achievement gap. |
| 1762 | (d) Longitudinal performance of students on the norm- |
| 1763 | referenced component of the FCAT. |
| 1764 | (e) Other student performance data based on national norm- |
| 1765 | referenced and criterion-referenced tests, when available, and |
| 1766 | numbers of students who after 8th grade enroll in adult |
| 1767 | education rather than other secondary education. |
| 1768 | Section 33. Section 1008.221, Florida Statutes, is |
| 1769 | repealed. |
| 1770 | Section 34. Paragraph (b) of subsection (4) and paragraph |
| 1771 | (b) of subsection (8) of section 1008.25, Florida Statutes, are |
| 1772 | amended, and paragraph (c) is added to subsection (8) of that |
| 1773 | section, to read: |
| 1774 | 1008.25 Public school student progression; remedial |
| 1775 | instruction; reporting requirements.-- |
| 1776 | (4) ASSESSMENT AND REMEDIATION.-- |
| 1777 | (b) The school in which the student is enrolled must |
| 1778 | develop, in consultation with the student's parent, and must |
| 1779 | implement an academic improvement plan designed to assist the |
| 1780 | student in meeting state and district expectations for |
| 1781 | proficiency. For a student for whom a personalized middle school |
| 1782 | success plan is required pursuant to s. 1003.415, the middle |
| 1783 | school success plan must be incorporated in the student's |
| 1784 | academic improvement plan. Beginning with the 2002-2003 school |
| 1785 | year, if the student has been identified as having a deficiency |
| 1786 | in reading, the academic improvement plan shall identify the |
| 1787 | student's specific areas of deficiency in phonemic awareness, |
| 1788 | phonics, fluency, comprehension, and vocabulary; the desired |
| 1789 | levels of performance in these areas; and the instructional and |
| 1790 | support services to be provided to meet the desired levels of |
| 1791 | performance. Schools shall also provide for the frequent |
| 1792 | monitoring of the student's progress in meeting the desired |
| 1793 | levels of performance. District school boards may require low- |
| 1794 | performing students to attend remediation programs held before |
| 1795 | or after regular school hours or during the summer, upon the |
| 1796 | request of the school principal, and shall assist schools and |
| 1797 | teachers to implement research-based reading activities that |
| 1798 | have been shown to be successful in teaching reading to low- |
| 1799 | performing students. Remedial instruction provided during high |
| 1800 | school may not be in lieu of English and mathematics credits |
| 1801 | required for graduation. |
| 1802 | (8) ANNUAL REPORT.-- |
| 1803 | (b) Beginning with the 2001-2002 school year, Each |
| 1804 | district school board must annually publish in the local |
| 1805 | newspaper, and report in writing to the State Board of Education |
| 1806 | by September 1 of each year, the following information on the |
| 1807 | prior school year: |
| 1808 | 1. The provisions of this section relating to public |
| 1809 | school student progression and the district school board's |
| 1810 | policies and procedures on student retention and promotion. |
| 1811 | 2. By grade, the number and percentage of all students in |
| 1812 | grades 3 through 10 performing at Levels 1 and 2 on the reading |
| 1813 | portion of the FCAT. |
| 1814 | 3. By grade, the number and percentage of all students |
| 1815 | retained in grades 3 through 10. |
| 1816 | 4. Information on the total number of students who were |
| 1817 | promoted for good cause, by each category of good cause as |
| 1818 | specified in paragraph (6)(b). |
| 1819 | 5. Any revisions to the district school board's policy on |
| 1820 | student retention and promotion from the prior year. |
| 1821 | (c) The Department of Education shall establish a uniform |
| 1822 | format for school districts to report the information required |
| 1823 | in paragraph (b). The format shall be developed with input from |
| 1824 | district school boards and shall be provided not later than 90 |
| 1825 | days prior to the annual due date. The department shall annually |
| 1826 | compile the information required in subparagraphs (b)2., 3., and |
| 1827 | 4., along with state-level summary information, and report such |
| 1828 | information to the Governor, the President of the Senate, and |
| 1829 | the Speaker of the House of Representatives. |
| 1830 | Section 35. Section 1008.301, Florida Statutes, is |
| 1831 | repealed. |
| 1832 | Section 36. Paragraphs (d) and (e) of subsection (1), |
| 1833 | paragraphs (b) and (c) of subsection (2), and subsection (3) of |
| 1834 | section 1008.31, Florida Statutes, are amended, and subsection |
| 1835 | (4) is added to that section, to read: |
| 1836 | 1008.31 Florida's K-20 education performance |
| 1837 | accountability system; legislative intent; performance-based |
| 1838 | funding; mission, goals, and systemwide measures; data quality |
| 1839 | improvements.-- |
| 1840 | (1) LEGISLATIVE INTENT.--It is the intent of the |
| 1841 | Legislature that: |
| 1842 | (d) The State Board of Education and the Board of |
| 1843 | Governors of the State University System recommend to the |
| 1844 | Legislature systemwide performance standards; the Legislature |
| 1845 | establish systemwide performance measures and standards; and the |
| 1846 | systemwide measures and standards provide Floridians with |
| 1847 | information on what the public is receiving in return for the |
| 1848 | funds it invests in education and how well the K-20 system |
| 1849 | educates its students. |
| 1850 | (e)1. The State Board of Education establish performance |
| 1851 | measures and set performance standards for individual components |
| 1852 | of the public education system, including individual schools and |
| 1853 | community colleges postsecondary educational institutions, with |
| 1854 | measures and standards based primarily on student achievement. |
| 1855 | 2. The Board of Governors of the State University System |
| 1856 | establish performance measures and set performance standards for |
| 1857 | individual state universities. |
| 1858 | (2) MISSION, GOALS, AND SYSTEMWIDE MEASURES.-- |
| 1859 | (b) The process State Board of Education shall adopt |
| 1860 | guiding principles for establishing state and sector-specific |
| 1861 | standards and measures must be: |
| 1862 | 1. Focused on student success. |
| 1863 | 2. Addressable through policy and program changes. |
| 1864 | 3. Efficient and of high quality. |
| 1865 | 4. Measurable over time. |
| 1866 | 5. Simple to explain and display to the public. |
| 1867 | 6. Aligned with other measures and other sectors to |
| 1868 | support a coordinated K-20 education system. |
| 1869 | (c) The Department State Board of Education shall maintain |
| 1870 | an accountability system that measures student progress toward |
| 1871 | the following goals: |
| 1872 | 1. Highest student achievement, as indicated by evidence |
| 1873 | of student learning gains at all levels measured by: student |
| 1874 | FCAT performance and annual learning gains; the number and |
| 1875 | percentage of schools that improve at least one school |
| 1876 | performance grade designation or maintain a school performance |
| 1877 | grade designation of "A" pursuant to s. 1008.34; graduation or |
| 1878 | completion rates at all learning levels; and other measures |
| 1879 | identified in law or rule. |
| 1880 | 2. Seamless articulation and maximum access, as measured |
| 1881 | by evidence of progression, readiness, and access by targeted |
| 1882 | groups of students identified by the Commissioner of Education: |
| 1883 | the percentage of students who demonstrate readiness for the |
| 1884 | educational level they are entering, from kindergarten through |
| 1885 | postsecondary education and into the workforce; the number and |
| 1886 | percentage of students needing remediation; the percentage of |
| 1887 | Floridians who complete associate, baccalaureate, graduate, |
| 1888 | professional, and postgraduate degrees; the number and |
| 1889 | percentage of credits that articulate; the extent to which each |
| 1890 | set of exit-point requirements matches the next set of entrance- |
| 1891 | point requirements; the degree to which underserved populations |
| 1892 | access educational opportunity; the extent to which access is |
| 1893 | provided through innovative educational delivery strategies; and |
| 1894 | other measures identified in law or rule. |
| 1895 | 3. Skilled workforce and economic development, as measured |
| 1896 | by evidence of employment and earnings: the number and |
| 1897 | percentage of graduates employed in their areas of preparation; |
| 1898 | the percentage of Floridians with high school diplomas and |
| 1899 | postsecondary education credentials; the percentage of business |
| 1900 | and community members who find that Florida's graduates possess |
| 1901 | the skills they need; national rankings; and other measures |
| 1902 | identified in law or rule. |
| 1903 | 4. Quality efficient services, as measured by evidence of |
| 1904 | return on investment: cost per completer or graduate; average |
| 1905 | cost per noncompleter at each educational level; cost disparity |
| 1906 | across institutions offering the same degrees; the percentage of |
| 1907 | education customers at each educational level who are satisfied |
| 1908 | with the education provided; and other measures identified in |
| 1909 | law or rule. |
| 1910 | 5. Other goals as identified by law or rule. |
| 1911 | (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS SYSTEMWIDE |
| 1912 | DATA COLLECTION.--To provide data required to implement |
| 1913 | education performance accountability measures in state and |
| 1914 | federal law, the Commissioner of Education shall initiate and |
| 1915 | maintain strategies to improve data quality and timeliness. All |
| 1916 | data collected from state universities shall, as determined by |
| 1917 | the commissioner, be integrated into the K-20 data warehouse. |
| 1918 | The commissioner shall have unlimited access to such data solely |
| 1919 | for the purposes of conducting studies, reporting annual and |
| 1920 | longitudinal student outcomes, and improving college readiness |
| 1921 | and articulation. All public educational institutions shall |
| 1922 | provide data to the K-20 data warehouse in a format specified by |
| 1923 | the commissioner. |
| 1924 | (a) School districts and public postsecondary educational |
| 1925 | institutions shall maintain information systems that will |
| 1926 | provide the State Board of Education, the Board of Governors of |
| 1927 | the State University System, and the Legislature with |
| 1928 | information and reports necessary to address the specifications |
| 1929 | of the accountability system. The State Board of Education shall |
| 1930 | determine the standards for the required data. The level of |
| 1931 | comprehensiveness and quality shall be no less than that which |
| 1932 | was available as of June 30, 2001. |
| 1933 | (b) The Commissioner of Education shall determine the |
| 1934 | standards for the required data, monitor data quality, and |
| 1935 | measure improvements. The commissioner shall report annually to |
| 1936 | the State Board of Education, the Board of Governors of the |
| 1937 | State University System, the President of the Senate, and the |
| 1938 | Speaker of the House of Representatives data quality indicators |
| 1939 | and ratings for all school districts and public postsecondary |
| 1940 | educational institutions. |
| 1941 | (c) Before establishing any new reporting or data |
| 1942 | collection requirements, the Commissioner of Education shall |
| 1943 | utilize existing data being collected to reduce duplication and |
| 1944 | minimize paperwork. |
| 1945 | (4) RULES.--The State Board of Education shall adopt rules |
| 1946 | pursuant to ss. 120.536(1) and 120.54 to implement the |
| 1947 | provisions of this section relating to the K-20 data warehouse. |
| 1948 | Section 37. Subsections (1), (2), and (4) of section |
| 1949 | 1008.33, Florida Statutes, are amended to read: |
| 1950 | 1008.33 Authority to enforce public school |
| 1951 | improvement.--It is the intent of the Legislature that all |
| 1952 | public schools be held accountable for students performing at |
| 1953 | acceptable levels. A system of school improvement and |
| 1954 | accountability that assesses student performance by school, |
| 1955 | identifies schools in which students are not making adequate |
| 1956 | progress toward state standards, institutes appropriate measures |
| 1957 | for enforcing improvement, and provides rewards and sanctions |
| 1958 | based on performance shall be the responsibility of the State |
| 1959 | Board of Education. |
| 1960 | (1) Pursuant to Art. IX of the State Constitution |
| 1961 | prescribing the duty of the State Board of Education to |
| 1962 | supervise Florida's public school system and notwithstanding any |
| 1963 | other statutory provisions to the contrary, the State Board of |
| 1964 | Education shall intervene in the operation of a district school |
| 1965 | system when one or more schools in the school district have |
| 1966 | failed to make adequate progress for 2 school years in a 4-year |
| 1967 | period. For purposes of determining when a school is eligible |
| 1968 | for state board action and opportunity scholarships for its |
| 1969 | students, the terms "2 years in any 4-year period" and "2 years |
| 1970 | in a 4-year period" mean that in any year that a school has a |
| 1971 | grade of "F," the school is eligible for state board action and |
| 1972 | opportunity scholarships for its students if it also has had a |
| 1973 | grade of "F" in any of the previous 3 school years. The State |
| 1974 | Board of Education may determine that the school district or |
| 1975 | school has not taken steps sufficient for students in the school |
| 1976 | to be academically well served. Considering recommendations of |
| 1977 | the Commissioner of Education, the State Board of Education |
| 1978 | shall recommend action to a district school board intended to |
| 1979 | improve educational services to students in each school that is |
| 1980 | designated with a as performance grade of category "F." |
| 1981 | Recommendations for actions to be taken in the school district |
| 1982 | shall be made only after thorough consideration of the unique |
| 1983 | characteristics of a school, which shall include student |
| 1984 | mobility rates, the number and type of exceptional students |
| 1985 | enrolled in the school, and the availability of options for |
| 1986 | improved educational services. The state board shall adopt by |
| 1987 | rule steps to follow in this process. Such steps shall provide |
| 1988 | school districts sufficient time to improve student performance |
| 1989 | in schools and the opportunity to present evidence of assistance |
| 1990 | and interventions that the district school board has |
| 1991 | implemented. |
| 1992 | (2) The State Board of Education may recommend one or more |
| 1993 | of the following actions to district school boards to enable |
| 1994 | students in schools designated with a as performance grade of |
| 1995 | category "F" to be academically well served by the public school |
| 1996 | system: |
| 1997 | (a) Provide additional resources, change certain |
| 1998 | practices, and provide additional assistance if the state board |
| 1999 | determines the causes of inadequate progress to be related to |
| 2000 | school district policy or practice; |
| 2001 | (b) Implement a plan that satisfactorily resolves the |
| 2002 | education equity problems in the school; |
| 2003 | (c) Contract for the educational services of the school, |
| 2004 | or reorganize the school at the end of the school year under a |
| 2005 | new school principal who is authorized to hire new staff and |
| 2006 | implement a plan that addresses the causes of inadequate |
| 2007 | progress; |
| 2008 | (d) Authorize the school principal to recommend corrective |
| 2009 | actions for low-performing faculty and staff as necessary to |
| 2010 | improve educational opportunities and the performance of |
| 2011 | students; |
| 2012 | (e)(d) Allow parents of students in the school to send |
| 2013 | their children to another district school of their choice; or |
| 2014 | (f)(e) Other action appropriate to improve the school's |
| 2015 | performance, including, if the school is a high school, |
| 2016 | requiring annual publication of the school's graduation rate |
| 2017 | calculated without GEDs for the past 3 years, disaggregated by |
| 2018 | student ethnicity. |
| 2019 | (4) The State Board of Education may require the |
| 2020 | Department of Education or Chief Financial Officer to withhold |
| 2021 | any transfer of state funds to the school district if, within |
| 2022 | the timeframe specified in state board action, the school |
| 2023 | district has failed to comply with the action ordered to improve |
| 2024 | the district's low-performing schools. Withholding the transfer |
| 2025 | of funds shall occur only after all other recommended actions |
| 2026 | for school improvement have failed to improve performance. The |
| 2027 | State Board of Education may impose the same penalty on any |
| 2028 | district school board that fails to develop and implement a plan |
| 2029 | for assistance and intervention for low-performing schools as |
| 2030 | specified in s. 1001.42(16)(d)(c). |
| 2031 | Section 38. Section 1008.34, Florida Statutes, is amended |
| 2032 | to read: |
| 2033 | 1008.34 School grading system; school report cards; |
| 2034 | district performance grade.-- |
| 2035 | (1) ANNUAL REPORTS.--The Commissioner of Education shall |
| 2036 | prepare annual reports of the results of the statewide |
| 2037 | assessment program which describe student achievement in the |
| 2038 | state, each district, and each school. The commissioner shall |
| 2039 | prescribe the design and content of these reports, which must |
| 2040 | include, without limitation, descriptions of the performance of |
| 2041 | all schools participating in the assessment program and all of |
| 2042 | their major student populations as determined by the |
| 2043 | Commissioner of Education, and must also include the median |
| 2044 | scores of all eligible students who scored at or in the lowest |
| 2045 | 25th percentile of the state in the previous school year; |
| 2046 | provided, however, that the provisions of s. 1002.22 pertaining |
| 2047 | to student records apply to this section. |
| 2048 | (2) SCHOOL GRADES PERFORMANCE GRADE CATEGORIES.--The |
| 2049 | annual report shall identify schools as having one of the |
| 2050 | following grades being in one of the following grade categories |
| 2051 | defined according to rules of the State Board of Education: |
| 2052 | (a) "A," schools making excellent progress. |
| 2053 | (b) "B," schools making above average progress. |
| 2054 | (c) "C," schools making satisfactory progress. |
| 2055 | (d) "D," schools making less than satisfactory progress. |
| 2056 | (e) "F," schools failing to make adequate progress. |
| 2057 |
|
| 2058 | Each school designated with a in performance grade of category |
| 2059 | "A," making excellent progress, or having improved at least two |
| 2060 | performance grade levels categories, shall have greater |
| 2061 | authority over the allocation of the school's total budget |
| 2062 | generated from the FEFP, state categoricals, lottery funds, |
| 2063 | grants, and local funds, as specified in state board rule. The |
| 2064 | rule must provide that the increased budget authority shall |
| 2065 | remain in effect until the school's performance grade declines. |
| 2066 | (3) DESIGNATION OF SCHOOL GRADES PERFORMANCE GRADE |
| 2067 | CATEGORIES.--School grades performance grade category |
| 2068 | designations itemized in subsection (2) shall be based on the |
| 2069 | following: |
| 2070 | (a) Criteria Timeframes.--A school's grade shall be based |
| 2071 | on a combination of: |
| 2072 | 1. Student achievement scores School performance grade |
| 2073 | category designations shall be based on the school's current |
| 2074 | year performance and the school's annual learning gains. |
| 2075 | 2. A school's performance grade category designation shall |
| 2076 | be based on a combination of student achievement scores, Student |
| 2077 | learning gains as measured by annual FCAT assessments in grades |
| 2078 | 3 through 10., and |
| 2079 | 3. Improvement of the lowest 25th percentile of students |
| 2080 | in the school in reading, math, or writing on the FCAT Reading, |
| 2081 | unless these students are exhibiting performing above |
| 2082 | satisfactory performance. |
| 2083 | (b) Student assessment data.--Student assessment data used |
| 2084 | in determining school grades performance grade categories shall |
| 2085 | include: |
| 2086 | 1. The aggregate scores of all eligible students enrolled |
| 2087 | in the school who have been assessed on the FCAT. |
| 2088 | 2. The aggregate scores of all eligible students enrolled |
| 2089 | in the school who have been assessed on the FCAT, including |
| 2090 | Florida Writes, and who have scored at or in the lowest 25th |
| 2091 | percentile of students in the school in reading, math, or |
| 2092 | writing, unless these students are exhibiting performing above |
| 2093 | satisfactory performance. |
| 2094 |
|
| 2095 | The Department of Education shall study the effects of mobility |
| 2096 | on the performance of highly mobile students and recommend |
| 2097 | programs to improve the performance of such students. The State |
| 2098 | Board of Education shall adopt appropriate criteria for each |
| 2099 | school performance grade category. The criteria must also give |
| 2100 | added weight to student achievement in reading. Schools |
| 2101 | designated with a as performance grade of category "C," making |
| 2102 | satisfactory progress, shall be required to demonstrate that |
| 2103 | adequate progress has been made by students in the school who |
| 2104 | are in the lowest 25th percentile in reading, math, or writing |
| 2105 | on the FCAT, including Florida Writes, unless these students are |
| 2106 | exhibiting performing above satisfactory performance. |
| 2107 | (4) SCHOOL GRADING FOR ALTERNATIVE SCHOOLS.--Alternative |
| 2108 | schools providing dropout prevention and academic intervention |
| 2109 | services may choose to receive a school grade pursuant to |
| 2110 | subsections (2) and (3) or an improvement rating pursuant to s. |
| 2111 | 1008.341 according to the following requirements: |
| 2112 | (a) If an alternative school chooses to be graded pursuant |
| 2113 | to this section, student performance data as identified in |
| 2114 | subsection (3) shall not be included in the home school's grade |
| 2115 | but shall only be included in calculation of the alternative |
| 2116 | school's grade unless the Commissioner of Education requires |
| 2117 | that the alternative school's student assessment data must be |
| 2118 | included in the home school's grade based on a finding of |
| 2119 | collusion to avoid the state's accountability system. |
| 2120 | (b) If an alternative school chooses to receive an |
| 2121 | improvement rating pursuant to s. 1008.341, student performance |
| 2122 | data as identified in subsection (3) shall be included in the |
| 2123 | home school's grade, except for achievement scores and learning |
| 2124 | gains of students attending alternative schools who are subject |
| 2125 | to district school board policies for expulsion for repeated or |
| 2126 | serious offenses, in dropout retrieval programs serving students |
| 2127 | officially designated as dropouts, or in Department of Juvenile |
| 2128 | Justice operated and contracted programs. |
| 2129 |
|
| 2130 | For purposes of this section and s. 1008.341, "home school" |
| 2131 | means the school the student was attending when assigned to an |
| 2132 | alternative school or the school to which the student would be |
| 2133 | assigned if the student left the alternative school. School |
| 2134 | districts must require collaboration between the home school and |
| 2135 | the alternative school to promote student success. |
| 2136 | (5)(4) SCHOOL IMPROVEMENT RATINGS.--The annual report |
| 2137 | shall identify each school's performance as having improved, |
| 2138 | remained the same, or declined. This school improvement rating |
| 2139 | shall be based on a comparison of the current year's and |
| 2140 | previous year's student and school performance data. Schools |
| 2141 | that improve at least one performance grade level category are |
| 2142 | eligible for school recognition awards pursuant to s. 1008.36. |
| 2143 | (6)(5) SCHOOL REPORT CARD PERFORMANCE GRADE CATEGORY AND |
| 2144 | IMPROVEMENT RATING REPORTS.--The Department of Education shall |
| 2145 | annually develop, in collaboration with the district school |
| 2146 | boards, a school report card to be delivered to parents |
| 2147 | throughout each school district. The report card shall include |
| 2148 | the school's grade, information regarding school improvement, an |
| 2149 | explanation of school performance as evaluated by the federal No |
| 2150 | Child Left Behind Act of 2001, and indicators of return on |
| 2151 | investment. School performance grade category designations and |
| 2152 | improvement ratings shall apply to each school's performance for |
| 2153 | the year in which performance is measured. Each school's report |
| 2154 | card designation and rating shall be published annually by the |
| 2155 | department on its website, of Education and the school district |
| 2156 | shall provide the school report card to each parent. Parents |
| 2157 | shall be entitled to an easy-to-read report card about the |
| 2158 | designation and rating of the school in which their child is |
| 2159 | enrolled. |
| 2160 | (7) PERFORMANCE-BASED FUNDING.--The Legislature may factor |
| 2161 | in the performance of schools in calculating any |
| 2162 | performance-based funding policy that is provided for annually |
| 2163 | in the General Appropriations Act. |
| 2164 | (8) DISTRICT PERFORMANCE GRADE.--The annual report |
| 2165 | required by subsection (1) shall include district performance |
| 2166 | grades, which shall consist of weighted district average grades, |
| 2167 | by level, for all elementary schools, middle schools, and high |
| 2168 | schools in the district. A district's weighted average grade |
| 2169 | shall be calculated by weighting individual school grades |
| 2170 | determined pursuant to subsection (2) by school enrollment. |
| 2171 | (9)(6) RULES.--The State Board of Education shall adopt |
| 2172 | rules pursuant to ss. 120.536(1) and 120.54 to implement the |
| 2173 | provisions of this section. |
| 2174 | Section 39. Section 1008.341, Florida Statutes, is created |
| 2175 | to read: |
| 2176 | 1008.341 School improvement rating for alternative |
| 2177 | schools.-- |
| 2178 | (1) ANNUAL REPORTS.--The Commissioner of Education shall |
| 2179 | prepare an annual report on the performance of each school |
| 2180 | receiving a school improvement rating pursuant to this section |
| 2181 | provided that the provisions of s. 1002.22 pertaining to student |
| 2182 | records shall apply. |
| 2183 | (2) SCHOOL IMPROVEMENT RATING.--Alternative schools that |
| 2184 | provide dropout prevention and academic intervention services |
| 2185 | may choose to receive a school improvement rating pursuant to |
| 2186 | this section in lieu of a school grade pursuant to s. 1008.34. |
| 2187 | The school improvement rating shall identify schools as having |
| 2188 | one of the following ratings defined according to rules of the |
| 2189 | State Board of Education: |
| 2190 | (a) "Improving," schools with students making more |
| 2191 | academic progress than when the students were served in their |
| 2192 | home schools. |
| 2193 | (b) "Maintaining," schools with students making progress |
| 2194 | equivalent to the progress made when the students were served in |
| 2195 | their home schools. |
| 2196 | (c) "Declining," schools with students making less |
| 2197 | academic progress than when the students were served in their |
| 2198 | home schools. |
| 2199 |
|
| 2200 | The school improvement rating shall be based on a comparison of |
| 2201 | the current year and previous year student performance data. |
| 2202 | Schools that improve at least one level or maintain an |
| 2203 | "improving" rating pursuant to this section are eligible for |
| 2204 | school recognition awards pursuant to s. 1008.36. |
| 2205 | (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student |
| 2206 | data used in determining an alternative school's school |
| 2207 | improvement rating shall include: |
| 2208 | (a) The aggregate scores of all students who were assigned |
| 2209 | to and enrolled in the school during the October or February FTE |
| 2210 | count, who have been assessed on the FCAT, and who have FCAT or |
| 2211 | comparable scores for the preceding school year. |
| 2212 | (b) The aggregate scores of all students who were assigned |
| 2213 | to and enrolled in the school during the October or February FTE |
| 2214 | count, who have been assessed on the FCAT, including Florida |
| 2215 | Writes, and who have scored in the lowest 25th percentile of |
| 2216 | students in the state on FCAT Reading. |
| 2217 | (4) IDENTIFICATION OF STUDENT LEARNING GAINS.--For each |
| 2218 | alternative school receiving a school improvement rating, the |
| 2219 | Department of Education shall annually identify the percentage |
| 2220 | of students making learning gains as compared to the percentage |
| 2221 | of the same students making learning gains in their home schools |
| 2222 | in the year prior to being assigned to the alternative school. |
| 2223 | (5) SCHOOL REPORT CARD.--The Department of Education shall |
| 2224 | annually develop, in collaboration with the school districts, a |
| 2225 | school report card for alternative schools to be delivered to |
| 2226 | parents throughout each school district. The report card shall |
| 2227 | include the school improvement rating, identification of student |
| 2228 | learning gains, information regarding school improvement, an |
| 2229 | explanation of school performance as evaluated by the federal No |
| 2230 | Child Left Behind Act of 2001, and indicators of return on |
| 2231 | investment. |
| 2232 | (6) RULES.--The State Board of Education may adopt rules |
| 2233 | pursuant to ss. 120.536(1) and 120.54 to implement the |
| 2234 | provisions of this section. |
| 2235 | Section 40. Subsection (5), paragraphs (b) and (d) of |
| 2236 | subsection (6), and subsection (7) of section 1008.345, Florida |
| 2237 | Statutes, are amended to read: |
| 2238 | 1008.345 Implementation of state system of school |
| 2239 | improvement and education accountability.-- |
| 2240 | (5) The commissioner shall report to the Legislature and |
| 2241 | recommend changes in state policy necessary to foster school |
| 2242 | improvement and education accountability. Included in the report |
| 2243 | shall be a list of the schools, including schools operating for |
| 2244 | the purpose of providing educational services to youth in |
| 2245 | Department of Juvenile Justice programs, for which district |
| 2246 | school boards have developed assistance and intervention plans |
| 2247 | and an analysis of the various strategies used by the school |
| 2248 | boards. School reports shall be distributed pursuant to this |
| 2249 | subsection and s. 1001.42(16)(f)(e) and according to rules |
| 2250 | adopted by the State Board of Education. |
| 2251 | (6) |
| 2252 | (b) Upon request, the department shall provide technical |
| 2253 | assistance and training to any school, including any school |
| 2254 | operating for the purpose of providing educational services to |
| 2255 | youth in Department of Juvenile Justice programs, school |
| 2256 | advisory council, district, or district school board for |
| 2257 | conducting needs assessments, developing and implementing school |
| 2258 | improvement plans, developing and implementing assistance and |
| 2259 | intervention plans, or implementing other components of school |
| 2260 | improvement and accountability. Priority for these services |
| 2261 | shall be given to schools designated with a as performance grade |
| 2262 | of category "D" or "F" and school districts in rural and |
| 2263 | sparsely populated areas of the state. |
| 2264 | (d)1. The commissioner department shall assign a community |
| 2265 | assessment team to each school district with a school designated |
| 2266 | with a as performance grade of category "D" or "F" to review the |
| 2267 | school performance data, including, for a high school graded "D" |
| 2268 | or "F," the school's graduation rate calculated without GEDs for |
| 2269 | the past 3 years, disaggregated by student ethnicity, and |
| 2270 | determine causes for the low performance. The team shall make |
| 2271 | recommendations to the school board, to the department, and to |
| 2272 | the State Board of Education for implementing an assistance and |
| 2273 | intervention plan that will address the causes of the school's |
| 2274 | low performance. The assessment team shall include, but not be |
| 2275 | limited to, a department representative, parents, business |
| 2276 | representatives, educators, and community activists, and shall |
| 2277 | represent the demographics of the community from which they are |
| 2278 | appointed. |
| 2279 | 2. Each school district that has a school designated with |
| 2280 | a grade of "F" for a second consecutive year after the community |
| 2281 | assessment team's recommendations to the school board for |
| 2282 | implementing an assistance and intervention plan shall be |
| 2283 | subject to review and oversight by the Governor and the |
| 2284 | Commissioner of Education as a school district in a state of |
| 2285 | educational emergency. |
| 2286 | 3. For each school district in a state of educational |
| 2287 | emergency, the Governor and the Commissioner of Education shall |
| 2288 | contact the district school board to determine what actions have |
| 2289 | been taken by the district school board to address the |
| 2290 | recommendations of the community assessment team and to resolve |
| 2291 | the educational emergency. The Governor and the Commissioner of |
| 2292 | Education shall determine whether the district school board |
| 2293 | needs state assistance to resolve the educational emergency. If |
| 2294 | state assistance is needed, the Governor and the Commissioner of |
| 2295 | Education have the authority to implement measures as set forth |
| 2296 | in this subparagraph to assist the district school board in |
| 2297 | resolving the educational emergency. Such measures may include, |
| 2298 | but are not limited to: |
| 2299 | a. Requiring approval of the school district's budget by |
| 2300 | the Governor and the Commissioner of Education. |
| 2301 | b. Authorizing a state loan and providing for its |
| 2302 | repayment by the district school board. |
| 2303 | c. Requiring the district school board to reallocate funds |
| 2304 | as necessary until such time as the school district is no longer |
| 2305 | in a state of educational emergency. |
| 2306 | d. Making inspections and reviews of records, information, |
| 2307 | reports, and assets of the school district. The appropriate |
| 2308 | school district officials shall cooperate in such inspections |
| 2309 | and reviews. |
| 2310 | e. Consulting with officials and auditors of the school |
| 2311 | district and the appropriate state officials regarding any steps |
| 2312 | necessary to bring the books of account, accounting systems, |
| 2313 | financial procedures, personnel, and personnel systems into |
| 2314 | compliance with state requirements. |
| 2315 | f. Providing technical assistance to the district school |
| 2316 | board. |
| 2317 | g. Establishing an educational emergency board to oversee |
| 2318 | the activities of the district school board. If an educational |
| 2319 | emergency board is established, the Governor and Commissioner of |
| 2320 | Education shall appoint board members and select a chair. The |
| 2321 | school district's community assessment team shall serve in an |
| 2322 | advisory capacity to the educational emergency board. The |
| 2323 | educational emergency board shall adopt such rules as are |
| 2324 | necessary for conducting board business. The board may review |
| 2325 | all of the educational operations, including, but not limited |
| 2326 | to, graduation and dropout rates, personnel, management, |
| 2327 | efficiency, curriculum, instructional materials, productivity, |
| 2328 | and financing of functions and operations, of the school |
| 2329 | district. The recommendations and reports made by the |
| 2330 | educational emergency board must be submitted to the Governor, |
| 2331 | the Commissioner of Education, and the State Board of Education |
| 2332 | for appropriate action. Upon receipt of the educational |
| 2333 | emergency board's recommendations and report, the Governor, the |
| 2334 | Commissioner of Education, and the State Board of Education |
| 2335 | shall require an action plan to implement the educational |
| 2336 | emergency board's recommendations, to be prepared by officials |
| 2337 | of the school district in consultation with the appropriate |
| 2338 | state officials, so as to cause the school district to no longer |
| 2339 | be in a state of educational emergency. |
| 2340 | 4. The Governor and the Commissioner of Education may |
| 2341 | terminate all state actions pursuant to this paragraph upon |
| 2342 | determination that the school district is no longer in a state |
| 2343 | of educational emergency and has successfully established and is |
| 2344 | operating an effective educational system for all students in |
| 2345 | the district. |
| 2346 | (7)(a) Schools designated with a in performance grade of |
| 2347 | category "A," making excellent progress, shall, if requested by |
| 2348 | the school, be given deregulated status as specified in s. |
| 2349 | 1003.63(5), (7), (8), (9), and (10). |
| 2350 | (b) Schools that have improved at least two grades |
| 2351 | performance grade categories and that meet the criteria of the |
| 2352 | Florida School Recognition Program pursuant to s. 1008.36 may be |
| 2353 | given deregulated status as specified in s. 1003.63(5), (7), |
| 2354 | (8), (9), and (10). |
| 2355 | Section 41. Subsections (3), (4), and (5) of section |
| 2356 | 1008.36, Florida Statutes, are amended to read: |
| 2357 | 1008.36 Florida School Recognition Program.-- |
| 2358 | (3) All public schools, including charter schools, that |
| 2359 | receive a school grade pursuant to s. 1008.34 or a school |
| 2360 | improvement rating pursuant to s. 1008.341 are eligible to |
| 2361 | participate in the program. |
| 2362 | (4) All selected schools shall receive financial awards |
| 2363 | depending on the availability of funds appropriated and the |
| 2364 | number and size of schools selected to receive an award. Funds |
| 2365 | must be distributed to the school's fiscal agent and placed in |
| 2366 | the school's account and must be used for purposes listed in |
| 2367 | subsection (5) as determined by the staff and school advisory |
| 2368 | council pursuant to s. 1001.452 in the annual school improvement |
| 2369 | plan required under s. 1001.42(16)(a). If such a determination |
| 2370 | is not included in the school improvement plan at the time of |
| 2371 | its annual approval by the district school board, the school |
| 2372 | shall not be eligible to receive a financial award jointly by |
| 2373 | the school's staff and school advisory council. If school staff |
| 2374 | and the school advisory council cannot reach agreement by |
| 2375 | November 1, the awards must be equally distributed to all |
| 2376 | classroom teachers currently teaching in the school. |
| 2377 | (5) School recognition awards must be used for the |
| 2378 | following: |
| 2379 | (a) Nonrecurring bonuses to the faculty and staff who |
| 2380 | worked at the school during the year of improved performance and |
| 2381 | additional employees as determined in the school improvement |
| 2382 | plan; |
| 2383 | (b) Nonrecurring expenditures for educational equipment, |
| 2384 | or materials, or student incentives to assist in maintaining and |
| 2385 | improving student performance; or |
| 2386 | (c) Temporary personnel for the school to assist in |
| 2387 | maintaining and improving student performance. |
| 2388 |
|
| 2389 | Notwithstanding statutory provisions to the contrary, incentive |
| 2390 | awards are not subject to collective bargaining. |
| 2391 | Section 42. Paragraphs (f), (h), (l), (m), and (n) of |
| 2392 | subsection (1) and paragraphs (a) and (b) of subsection (4) of |
| 2393 | section 1011.62, Florida Statutes, are amended, subsections (8) |
| 2394 | and (9) are renumbered as subsections (9) and (10), |
| 2395 | respectively, and amended, and a new subsection (8) is added to |
| 2396 | that section, to read: |
| 2397 | 1011.62 Funds for operation of schools.--If the annual |
| 2398 | allocation from the Florida Education Finance Program to each |
| 2399 | district for operation of schools is not determined in the |
| 2400 | annual appropriations act or the substantive bill implementing |
| 2401 | the annual appropriations act, it shall be determined as |
| 2402 | follows: |
| 2403 | (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR |
| 2404 | OPERATION.--The following procedure shall be followed in |
| 2405 | determining the annual allocation to each district for |
| 2406 | operation: |
| 2407 | (f) Supplemental academic instruction; categorical fund.-- |
| 2408 | 1. There is created a categorical fund to provide |
| 2409 | supplemental academic instruction to students in kindergarten |
| 2410 | through grade 12. This paragraph may be cited as the |
| 2411 | "Supplemental Academic Instruction Categorical Fund." |
| 2412 | 2. Categorical funds for supplemental academic instruction |
| 2413 | shall be allocated annually to each school district in the |
| 2414 | amount provided in the General Appropriations Act. These funds |
| 2415 | shall be in addition to the funds appropriated on the basis of |
| 2416 | FTE student membership in the Florida Education Finance Program |
| 2417 | and shall be included in the total potential funds of each |
| 2418 | district. These funds shall be used to provide supplemental |
| 2419 | academic instruction to students enrolled in the K-12 program. |
| 2420 | Supplemental instruction strategies may include, but are not |
| 2421 | limited to: modified curriculum, reading instruction, after- |
| 2422 | school instruction, tutoring, mentoring, class size reduction, |
| 2423 | extended school year, intensive skills development in summer |
| 2424 | school, and other methods for improving student achievement. |
| 2425 | Supplemental instruction may be provided to a student in any |
| 2426 | manner and at any time during or beyond the regular 180-day term |
| 2427 | identified by the school as being the most effective and |
| 2428 | efficient way to best help that student progress from grade to |
| 2429 | grade and to graduate. |
| 2430 | 3. Effective with the 1999-2000 fiscal year, funding on |
| 2431 | the basis of FTE membership beyond the 180-day regular term |
| 2432 | shall be provided in the FEFP only for students enrolled in |
| 2433 | juvenile justice education programs or in an education program |
| 2434 | for juveniles under s. 985.223. Funding for instruction beyond |
| 2435 | the regular 180-day school year for all other K-12 students |
| 2436 | shall be provided through the supplemental academic instruction |
| 2437 | categorical fund and other state, federal, and local fund |
| 2438 | sources with ample flexibility for schools to provide |
| 2439 | supplemental instruction to assist students in progressing from |
| 2440 | grade to grade and graduating. |
| 2441 | 4. The Florida State University School, as a lab school, |
| 2442 | is authorized to expend from its FEFP or Lottery Enhancement |
| 2443 | Trust Fund allocation the cost to the student of remediation in |
| 2444 | reading, writing, or mathematics for any graduate who requires |
| 2445 | remediation at a postsecondary educational institution. |
| 2446 | 5. Beginning in the 1999-2000 school year, dropout |
| 2447 | prevention programs as defined in ss. 1003.52, 1003.53(1)(a), |
| 2448 | (b), and (c), and 1003.54 shall be included in group 1 programs |
| 2449 | under subparagraph (d)3. |
| 2450 | (h) Small, isolated high schools.--Districts which levy |
| 2451 | the maximum nonvoted discretionary millage, exclusive of millage |
| 2452 | for capital outlay purposes levied pursuant to s. 1011.71(2), |
| 2453 | may calculate full-time equivalent students for small, isolated |
| 2454 | high schools by multiplying the number of unweighted full-time |
| 2455 | equivalent students times 2.75; provided the school has attained |
| 2456 | a state accountability performance grade category of "C" or |
| 2457 | better, pursuant to s. 1008.34, for the previous school year. |
| 2458 | For the purpose of this section, the term "small, isolated high |
| 2459 | school" means any high school which is located no less than 28 |
| 2460 | miles by the shortest route from another high school; which has |
| 2461 | been serving students primarily in basic studies provided by |
| 2462 | sub-subparagraphs (c)1.b. and c. and may include subparagraph |
| 2463 | (c)4.; and which has a membership of no more than 100 students, |
| 2464 | but no fewer than 28 students, in grades 9 through 12. |
| 2465 | (l) Calculation of additional full-time equivalent |
| 2466 | membership based on international baccalaureate examination |
| 2467 | scores of students.--A value of 0.24 full-time equivalent |
| 2468 | student membership shall be calculated for each student enrolled |
| 2469 | in an international baccalaureate course who receives a score of |
| 2470 | 4 or higher on a subject examination. A value of 0.3 full-time |
| 2471 | equivalent student membership shall be calculated for each |
| 2472 | student who receives an international baccalaureate diploma. |
| 2473 | Such value shall be added to the total full-time equivalent |
| 2474 | student membership in basic programs for grades 9 through 12 in |
| 2475 | the subsequent fiscal year. The school district shall distribute |
| 2476 | to each classroom teacher who provided international |
| 2477 | baccalaureate instruction: |
| 2478 | 1. A bonus in the amount of $50 for each student taught by |
| 2479 | the International Baccalaureate teacher in each international |
| 2480 | baccalaureate course who receives a score of 4 or higher on the |
| 2481 | international baccalaureate examination. |
| 2482 | 2. An additional bonus of $500 to each International |
| 2483 | Baccalaureate teacher in a school designated with a performance |
| 2484 | grade of category "D" or "F" who has at least one student |
| 2485 | scoring 4 or higher on the international baccalaureate |
| 2486 | examination, regardless of the number of classes taught or of |
| 2487 | the number of students scoring a 4 or higher on the |
| 2488 | international baccalaureate examination. |
| 2489 |
|
| 2490 | Bonuses awarded to a teacher according to this paragraph shall |
| 2491 | not exceed $2,000 in any given school year and shall be in |
| 2492 | addition to any regular wage or other bonus the teacher received |
| 2493 | or is scheduled to receive. |
| 2494 | (m) Calculation of additional full-time equivalent |
| 2495 | membership based on Advanced International Certificate of |
| 2496 | Education examination scores of students.--A value of 0.24 full- |
| 2497 | full-time equivalent student membership shall be calculated for |
| 2498 | each student enrolled in a full-credit Advanced International |
| 2499 | Certificate of Education course who receives a score of E or |
| 2500 | higher on a subject examination. A value of 0.12 full-time |
| 2501 | equivalent student membership shall be calculated for each |
| 2502 | student enrolled in a half-credit Advanced International |
| 2503 | Certificate of Education course who receives a score of E or |
| 2504 | higher on a subject examination. A value of 0.3 full-time |
| 2505 | equivalent student membership shall be calculated for each |
| 2506 | student who receives an Advanced International Certificate of |
| 2507 | Education diploma. Such value shall be added to the total full- |
| 2508 | time equivalent student membership in basic programs for grades |
| 2509 | 9 through 12 in the subsequent fiscal year. The school district |
| 2510 | shall distribute to each classroom teacher who provided Advanced |
| 2511 | International Certificate of Education instruction: |
| 2512 | 1. A bonus in the amount of $50 for each student taught by |
| 2513 | the Advanced International Certificate of Education teacher in |
| 2514 | each full-credit Advanced International Certificate of Education |
| 2515 | course who receives a score of E or higher on the Advanced |
| 2516 | International Certificate of Education examination. A bonus in |
| 2517 | the amount of $25 for each student taught by the Advanced |
| 2518 | International Certificate of Education teacher in each half- |
| 2519 | credit Advanced International Certificate of Education course |
| 2520 | who receives a score of E or higher on the Advanced |
| 2521 | International Certificate of Education examination. |
| 2522 | 2. An additional bonus of $500 to each Advanced |
| 2523 | International Certificate of Education teacher in a school |
| 2524 | designated with a performance grade of category "D" or "F" who |
| 2525 | has at least one student scoring E or higher on the full-credit |
| 2526 | Advanced International Certificate of Education examination, |
| 2527 | regardless of the number of classes taught or of the number of |
| 2528 | students scoring an E or higher on the full-credit Advanced |
| 2529 | International Certificate of Education examination. |
| 2530 | 3. Additional bonuses of $250 each to teachers of half- |
| 2531 | credit Advanced International Certificate of Education classes |
| 2532 | in a school designated with a performance grade of category "D" |
| 2533 | or "F" which has at least one student scoring an E or higher on |
| 2534 | the half-credit Advanced International Certificate of Education |
| 2535 | examination in that class. The maximum additional bonus for a |
| 2536 | teacher awarded in accordance with this subparagraph shall not |
| 2537 | exceed $500 in any given school year. Teachers receiving an |
| 2538 | award under subparagraph 2. are not eligible for a bonus under |
| 2539 | this subparagraph. |
| 2540 |
|
| 2541 | Bonuses awarded to a teacher according to this paragraph shall |
| 2542 | not exceed $2,000 in any given school year and shall be in |
| 2543 | addition to any regular wage or other bonus the teacher received |
| 2544 | or is scheduled to receive. |
| 2545 | (n) Calculation of additional full-time equivalent |
| 2546 | membership based on college board advanced placement scores of |
| 2547 | students.--A value of 0.24 full-time equivalent student |
| 2548 | membership shall be calculated for each student in each advanced |
| 2549 | placement course who receives a score of 3 or higher on the |
| 2550 | College Board Advanced Placement Examination for the prior year |
| 2551 | and added to the total full-time equivalent student membership |
| 2552 | in basic programs for grades 9 through 12 in the subsequent |
| 2553 | fiscal year. Each district must allocate at least 80 percent of |
| 2554 | the funds provided to the district for advanced placement |
| 2555 | instruction, in accordance with this paragraph, to the high |
| 2556 | school that generates the funds. The school district shall |
| 2557 | distribute to each classroom teacher who provided advanced |
| 2558 | placement instruction: |
| 2559 | 1. A bonus in the amount of $50 for each student taught by |
| 2560 | the Advanced Placement teacher in each advanced placement course |
| 2561 | who receives a score of 3 or higher on the College Board |
| 2562 | Advanced Placement Examination. |
| 2563 | 2. An additional bonus of $500 to each Advanced Placement |
| 2564 | teacher in a school designated with a performance grade of |
| 2565 | category "D" or "F" who has at least one student scoring 3 or |
| 2566 | higher on the College Board Advanced Placement Examination, |
| 2567 | regardless of the number of classes taught or of the number of |
| 2568 | students scoring a 3 or higher on the College Board Advanced |
| 2569 | Placement Examination. |
| 2570 |
|
| 2571 | Bonuses awarded to a teacher according to this paragraph shall |
| 2572 | not exceed $2,000 in any given school year and shall be in |
| 2573 | addition to any regular wage or other bonus the teacher received |
| 2574 | or is scheduled to receive. |
| 2575 | (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The |
| 2576 | Legislature shall prescribe the aggregate required local effort |
| 2577 | for all school districts collectively as an item in the General |
| 2578 | Appropriations Act for each fiscal year. The amount that each |
| 2579 | district shall provide annually toward the cost of the Florida |
| 2580 | Education Finance Program for kindergarten through grade 12 |
| 2581 | programs shall be calculated as follows: |
| 2582 | (a) Estimated taxable value calculations.-- |
| 2583 | 1.a. Not later than 2 working days prior to July 19, the |
| 2584 | Department of Revenue shall certify to the Commissioner of |
| 2585 | Education its most recent estimate of the taxable value for |
| 2586 | school purposes in each school district and the total for all |
| 2587 | school districts in the state for the current calendar year |
| 2588 | based on the latest available data obtained from the local |
| 2589 | property appraisers. Not later than July 19, the Commissioner of |
| 2590 | Education shall compute a millage rate, rounded to the next |
| 2591 | highest one one-thousandth of a mill, which, when applied to 95 |
| 2592 | percent of the estimated state total taxable value for school |
| 2593 | purposes, would generate the prescribed aggregate required local |
| 2594 | effort for that year for all districts. The Commissioner of |
| 2595 | Education shall certify to each district school board the |
| 2596 | millage rate, computed as prescribed in this subparagraph, as |
| 2597 | the minimum millage rate necessary to provide the district |
| 2598 | required local effort for that year. |
| 2599 | b. The General Appropriations Act shall direct the |
| 2600 | computation of the statewide adjusted aggregate amount for |
| 2601 | required local effort for all school districts collectively from |
| 2602 | ad valorem taxes to ensure that no school district's revenue |
| 2603 | from required local effort millage will produce more than 90 |
| 2604 | percent of the district's total Florida Education Finance |
| 2605 | Program calculation, and the adjustment of the required local |
| 2606 | effort millage rate of each district that produces more than 90 |
| 2607 | percent of its total Florida Education Finance Program |
| 2608 | entitlement to a level that will produce only 90 percent of its |
| 2609 | total Florida Education Finance Program entitlement in the July |
| 2610 | calculation. |
| 2611 | 2. As revised data are received from property appraisers, |
| 2612 | the Department of Revenue shall amend the certification of the |
| 2613 | estimate of the taxable value for school purposes. The |
| 2614 | Commissioner of Education, in administering the provisions of |
| 2615 | subparagraph (10)(9)(a)2., shall use the most recent taxable |
| 2616 | value for the appropriate year. |
| 2617 | (b) Final calculation.-- |
| 2618 | 1. The Department of Revenue shall, upon receipt of the |
| 2619 | official final assessed value of property from each of the |
| 2620 | property appraisers, certify to the Commissioner of Education |
| 2621 | the taxable value total for school purposes in each school |
| 2622 | district, subject to the provisions of paragraph (d). The |
| 2623 | commissioner shall use the official final taxable value for |
| 2624 | school purposes for each school district in the final |
| 2625 | calculation of the annual Florida Education Finance Program |
| 2626 | allocations. |
| 2627 | 2. For the purposes of this paragraph, the official final |
| 2628 | taxable value for school purposes shall be the taxable value for |
| 2629 | school purposes on which the tax bills are computed and mailed |
| 2630 | to the taxpayers, adjusted to reflect final administrative |
| 2631 | actions of value adjustment boards and judicial decisions |
| 2632 | pursuant to part I of chapter 194. By September 1 of each year, |
| 2633 | the Department of Revenue shall certify to the commissioner the |
| 2634 | official prior year final taxable value for school purposes. For |
| 2635 | each county that has not submitted a revised tax roll reflecting |
| 2636 | final value adjustment board actions and final judicial |
| 2637 | decisions, the Department of Revenue shall certify the most |
| 2638 | recent revision of the official taxable value for school |
| 2639 | purposes. The certified value shall be the final taxable value |
| 2640 | for school purposes, and no further adjustments shall be made, |
| 2641 | except those made pursuant to subparagraph (10)(9)(a)2. |
| 2642 | (8) RESEARCH-BASED READING INSTRUCTION ALLOCATION.-- |
| 2643 | (a) The research-based reading instruction allocation is |
| 2644 | created to provide comprehensive reading instruction to students |
| 2645 | in kindergarten through grade 12. |
| 2646 | (b) Funds for comprehensive, research-based reading |
| 2647 | instruction shall be allocated annually to each school district |
| 2648 | in the amount provided in the General Appropriations Act. Each |
| 2649 | eligible school district shall receive the same minimum amount |
| 2650 | as specified in the General Appropriations Act, and any |
| 2651 | remaining funds shall be distributed to eligible school |
| 2652 | districts based on each school district's proportionate share of |
| 2653 | K-12 base funding. |
| 2654 | (c) Funds must be used to provide a system of |
| 2655 | comprehensive reading instruction to students enrolled in the K- |
| 2656 | 12 programs, which may include the following: |
| 2657 | 1. The provision of highly qualified reading coaches. |
| 2658 | 2. Professional development for school district teachers |
| 2659 | and administrators in scientifically based reading instruction. |
| 2660 | 3. The provision of summer reading camps for students who |
| 2661 | score at Level 1 on FCAT Reading. |
| 2662 | 4. The provision of supplemental instructional materials |
| 2663 | that are grounded in scientifically based reading research and |
| 2664 | comprehensive training in their use for which teachers shall |
| 2665 | receive inservice credit. |
| 2666 | 5. The provision of intensive interventions for middle and |
| 2667 | high school students reading below grade level. |
| 2668 | (d) Annually, by a date determined by the Department of |
| 2669 | Education but before May 1, school districts shall submit a K-12 |
| 2670 | comprehensive reading plan for the specific use of the research- |
| 2671 | based reading instruction allocation in the format prescribed by |
| 2672 | the department for review and approval by the Just Read, |
| 2673 | Florida! Office created pursuant to s. 1001.215. The plan |
| 2674 | annually submitted by school districts shall be deemed approved |
| 2675 | unless the department rejects the plan on or before June 1. If a |
| 2676 | school district and the Just Read, Florida! Office cannot reach |
| 2677 | agreement on the contents of the plan, the school district may |
| 2678 | appeal to the State Board of Education for resolution. High- |
| 2679 | performing school districts shall be allowed reasonable |
| 2680 | flexibility in designing their plans and shall be encouraged to |
| 2681 | offer reading intervention through innovative methods. The plan |
| 2682 | format shall be developed with input from school district |
| 2683 | personnel, including teachers and principals. The plan must |
| 2684 | emphasize reading for information at the secondary level and |
| 2685 | allow reading intervention through content courses in core, |
| 2686 | career, and alternative programs. No later than July 1 annually, |
| 2687 | the department shall release the school district's allocation of |
| 2688 | appropriated funds to those districts with approved plans. A |
| 2689 | school district that spends 100 percent of this allocation on |
| 2690 | its approved plan shall be deemed to have been in compliance |
| 2691 | with the plan. The department may withhold funds upon a |
| 2692 | determination that reading instruction allocation funds are not |
| 2693 | being used to implement the approved plan. |
| 2694 | (9)(8) QUALITY ASSURANCE GUARANTEE.--The Legislature may |
| 2695 | annually in the General Appropriations Act determine a |
| 2696 | percentage increase in funds per K-12 unweighted FTE as a |
| 2697 | minimum guarantee to each school district. The guarantee shall |
| 2698 | be calculated from prior year base funding per unweighted FTE |
| 2699 | student which shall include the adjusted FTE dollars as provided |
| 2700 | in subsection (10)(9), quality guarantee funds, and actual |
| 2701 | nonvoted discretionary local effort from taxes. From the base |
| 2702 | funding per unweighted FTE, the increase shall be calculated for |
| 2703 | the current year. The current year funds from which the |
| 2704 | guarantee shall be determined shall include the adjusted FTE |
| 2705 | dollars as provided in subsection (10)(9) and potential nonvoted |
| 2706 | discretionary local effort from taxes. A comparison of current |
| 2707 | year funds per unweighted FTE to prior year funds per unweighted |
| 2708 | FTE shall be computed. For those school districts which have |
| 2709 | less than the legislatively assigned percentage increase, funds |
| 2710 | shall be provided to guarantee the assigned percentage increase |
| 2711 | in funds per unweighted FTE student. Should appropriated funds |
| 2712 | be less than the sum of this calculated amount for all |
| 2713 | districts, the commissioner shall prorate each district's |
| 2714 | allocation. This provision shall be implemented to the extent |
| 2715 | specifically funded. |
| 2716 | (10)(9) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT |
| 2717 | FOR CURRENT OPERATION.--The total annual state allocation to |
| 2718 | each district for current operation for the FEFP shall be |
| 2719 | distributed periodically in the manner prescribed in the General |
| 2720 | Appropriations Act. |
| 2721 | (a) The basic amount for current operation for the FEFP as |
| 2722 | determined in subsection (1), multiplied by the district cost |
| 2723 | differential factor as determined in subsection (2), plus the |
| 2724 | amounts provided for categorical components within the FEFP, |
| 2725 | plus the amount for the sparsity supplement as determined in |
| 2726 | subsection (6), the decline in full-time equivalent students as |
| 2727 | determined in subsection (7), the research-based reading |
| 2728 | instruction allocation as determined in subsection (8), and the |
| 2729 | quality assurance guarantee as determined in subsection (9)(8), |
| 2730 | less the required local effort as determined in subsection (4). |
| 2731 | If the funds appropriated for the purpose of funding the total |
| 2732 | amount for current operation as provided in this paragraph are |
| 2733 | not sufficient to pay the state requirement in full, the |
| 2734 | department shall prorate the available state funds to each |
| 2735 | district in the following manner: |
| 2736 | 1. Determine the percentage of proration by dividing the |
| 2737 | sum of the total amount for current operation, as provided in |
| 2738 | this paragraph for all districts collectively, and the total |
| 2739 | district required local effort into the sum of the state funds |
| 2740 | available for current operation and the total district required |
| 2741 | local effort. |
| 2742 | 2. Multiply the percentage so determined by the sum of the |
| 2743 | total amount for current operation as provided in this paragraph |
| 2744 | and the required local effort for each individual district. |
| 2745 | 3. From the product of such multiplication, subtract the |
| 2746 | required local effort of each district; and the remainder shall |
| 2747 | be the amount of state funds allocated to the district for |
| 2748 | current operation. |
| 2749 | (b) The amount thus obtained shall be the net annual |
| 2750 | allocation to each school district. However, if it is determined |
| 2751 | that any school district received an underallocation or |
| 2752 | overallocation for any prior year because of an arithmetical |
| 2753 | error, assessment roll change, full-time equivalent student |
| 2754 | membership error, or any allocation error revealed in an audit |
| 2755 | report, the allocation to that district shall be appropriately |
| 2756 | adjusted. Beginning with audits for the 2001-2002 fiscal year, |
| 2757 | if the adjustment is the result of an audit finding in which |
| 2758 | group 2 FTE are reclassified to the basic program and the |
| 2759 | district weighted FTE are over the weighted enrollment ceiling |
| 2760 | for group 2 programs, the adjustment shall not result in a gain |
| 2761 | of state funds to the district. If the Department of Education |
| 2762 | audit adjustment recommendation is based upon controverted |
| 2763 | findings of fact, the Commissioner of Education is authorized to |
| 2764 | establish the amount of the adjustment based on the best |
| 2765 | interests of the state. |
| 2766 | (c) The amount thus obtained shall represent the net |
| 2767 | annual state allocation to each district; however, |
| 2768 | notwithstanding any of the provisions herein, each district |
| 2769 | shall be guaranteed a minimum level of funding in the amount and |
| 2770 | manner prescribed in the General Appropriations Act. |
| 2771 | Section 43. Paragraph (a) of subsection (2) of section |
| 2772 | 1011.64, Florida Statutes, is amended to read: |
| 2773 | 1011.64 School district minimum classroom expenditure |
| 2774 | requirements.-- |
| 2775 | (2) For the purpose of implementing the provisions of this |
| 2776 | section, the Legislature shall prescribe minimum academic |
| 2777 | performance standards and minimum classroom expenditure |
| 2778 | requirements for districts not meeting such minimum academic |
| 2779 | performance standards in the General Appropriations Act. |
| 2780 | (a) Minimum academic performance standards may be based |
| 2781 | on, but are not limited to, district performance grades |
| 2782 | determined pursuant to s. 1008.34(7)(8). |
| 2783 | Section 44. Section 1011.67, Florida Statutes, is amended |
| 2784 | to read: |
| 2785 | 1011.67 Funds for instructional materials.-- |
| 2786 | (1) The department is authorized to allocate and |
| 2787 | distribute to each district an amount as prescribed annually by |
| 2788 | the Legislature for instructional materials for student |
| 2789 | membership in basic and special programs in grades K-12, which |
| 2790 | will provide for growth and maintenance needs. For purposes of |
| 2791 | this subsection section, unweighted full-time equivalent |
| 2792 | students enrolled in the lab schools in state universities are |
| 2793 | to be included as school district students and reported as such |
| 2794 | to the department. These funds shall be distributed to school |
| 2795 | districts as follows: 50 percent on or about July 10; 35 percent |
| 2796 | on or about October 10; 10 percent on or about January 10; and 5 |
| 2797 | percent on or about June 10. The annual allocation shall be |
| 2798 | determined as follows: |
| 2799 | (a)(1) The growth allocation for each school district |
| 2800 | shall be calculated as follows: |
| 2801 | 1.(a) Subtract from that district's projected full-time |
| 2802 | equivalent membership of students in basic and special programs |
| 2803 | in grades K-12 used in determining the initial allocation of the |
| 2804 | Florida Education Finance Program, the prior year's full-time |
| 2805 | equivalent membership of students in basic and special programs |
| 2806 | in grades K-12 for that district. |
| 2807 | 2.(b) Multiply any such increase in full-time equivalent |
| 2808 | student membership by the allocation for a set of instructional |
| 2809 | materials, as determined by the department, or as provided for |
| 2810 | in the General Appropriations Act. |
| 2811 | 3.(c) The amount thus determined shall be that district's |
| 2812 | initial allocation for growth for the school year. However, the |
| 2813 | department shall recompute and adjust the initial allocation |
| 2814 | based on actual full-time equivalent student membership data for |
| 2815 | that year. |
| 2816 | (b)(2) The maintenance of the instructional materials |
| 2817 | allocation for each school district shall be calculated by |
| 2818 | multiplying each district's prior year full-time equivalent |
| 2819 | membership of students in basic and special programs in grades |
| 2820 | K-12 by the allocation for maintenance of a set of instructional |
| 2821 | materials as provided for in the General Appropriations Act. The |
| 2822 | amount thus determined shall be that district's initial |
| 2823 | allocation for maintenance for the school year; however, the |
| 2824 | department shall recompute and adjust the initial allocation |
| 2825 | based on such actual full-time equivalent student membership |
| 2826 | data for that year. |
| 2827 | (c)(3) In the event the funds appropriated are not |
| 2828 | sufficient for the purpose of implementing this subsection |
| 2829 | section in full, the department shall prorate the funds |
| 2830 | available for instructional materials after first funding in |
| 2831 | full each district's growth allocation. |
| 2832 | (2) Annually by July 1 and prior to the release of |
| 2833 | instructional materials funds, each district school |
| 2834 | superintendent shall certify to the Commissioner of Education |
| 2835 | that the district school board has approved a comprehensive |
| 2836 | staff development plan that requires fidelity of implementation |
| 2837 | of instructional materials that are in the first 2 years of the |
| 2838 | adoption cycle and that the district intends to purchase. The |
| 2839 | staff development plan must provide for training for each |
| 2840 | teacher who will use the materials, provide inservice credit for |
| 2841 | the training, and document satisfactory completion of the |
| 2842 | training by each teacher. The superintendent shall annually |
| 2843 | report to the district school board on the implementation of the |
| 2844 | plan. The report shall include verification that training was |
| 2845 | provided, that teachers satisfactorily completed the training, |
| 2846 | and that the materials are being implemented as designed. The |
| 2847 | district's collective bargaining agreement shall not be used as |
| 2848 | a barrier to compliance with this subsection. |
| 2849 | Section 45. Paragraph (b) of subsection (2) of section |
| 2850 | 1011.685, Florida Statutes, is amended to read: |
| 2851 | 1011.685 Class size reduction; operating categorical |
| 2852 | fund.-- |
| 2853 | (2) Class size reduction operating categorical funds shall |
| 2854 | be used by school districts for the following: |
| 2855 | (b) For any lawful operating expenditure, if the district |
| 2856 | has met the constitutional maximums identified in s. 1003.03(1) |
| 2857 | or the reduction of two students per year required by s. |
| 2858 | 1003.03(2); however, priority shall be given to increase |
| 2859 | salaries of classroom teachers as defined in s. 1012.01(2)(a) |
| 2860 | and to implement the performance-pay incentive and the |
| 2861 | differentiated pay detailed in s. 1012.22(1)(c) salary career |
| 2862 | ladder defined in s. 1012.231. |
| 2863 | Section 46. Subsection (1) of section 1011.71, Florida |
| 2864 | Statutes, is amended to read: |
| 2865 | 1011.71 District school tax.-- |
| 2866 | (1) If the district school tax is not provided in the |
| 2867 | General Appropriations Act or the substantive bill implementing |
| 2868 | the General Appropriations Act, each district school board |
| 2869 | desiring to participate in the state allocation of funds for |
| 2870 | current operation as prescribed by s. 1011.62(10)(9) shall levy |
| 2871 | on the taxable value for school purposes of the district, |
| 2872 | exclusive of millage voted under the provisions of s. 9(b) or s. |
| 2873 | 12, Art. VII of the State Constitution, a millage rate not to |
| 2874 | exceed the amount certified by the commissioner as the minimum |
| 2875 | millage rate necessary to provide the district required local |
| 2876 | effort for the current year, pursuant to s. 1011.62(4)(a)1. In |
| 2877 | addition to the required local effort millage levy, each |
| 2878 | district school board may levy a nonvoted current operating |
| 2879 | discretionary millage. The Legislature shall prescribe annually |
| 2880 | in the appropriations act the maximum amount of millage a |
| 2881 | district may levy. The millage rate prescribed shall exceed zero |
| 2882 | mills but shall not exceed the lesser of 1.6 mills or 25 percent |
| 2883 | of the millage which is required pursuant to s. 1011.62(4), |
| 2884 | exclusive of millage levied pursuant to subsection (2). |
| 2885 | Section 47. Subsection (6) is added to section 1012.21, |
| 2886 | Florida Statutes, to read: |
| 2887 | 1012.21 Department of Education duties; K-12 personnel.-- |
| 2888 | (6) REPORTING.--The Department of Education shall annually |
| 2889 | post online links to each school district's collectively |
| 2890 | bargained contracts and the salary and benefits of the personnel |
| 2891 | or officers of any educator association that were paid by the |
| 2892 | school district pursuant to s. 1012.22. |
| 2893 | Section 48. Paragraph (c) of subsection (1) of section |
| 2894 | 1012.22, Florida Statutes, is amended to read: |
| 2895 | 1012.22 Public school personnel; powers and duties of the |
| 2896 | district school board.--The district school board shall: |
| 2897 | (1) Designate positions to be filled, prescribe |
| 2898 | qualifications for those positions, and provide for the |
| 2899 | appointment, compensation, promotion, suspension, and dismissal |
| 2900 | of employees as follows, subject to the requirements of this |
| 2901 | chapter: |
| 2902 | (c) Compensation and salary schedules.-- |
| 2903 | 1. The district school board shall adopt a salary schedule |
| 2904 | or salary schedules designed to furnish incentives for |
| 2905 | improvement in training and for continued efficient service to |
| 2906 | be used as a basis for paying all school employees and fix and |
| 2907 | authorize the compensation of school employees on the basis |
| 2908 | thereof. |
| 2909 | 2. A district school board, in determining the salary |
| 2910 | schedule for instructional personnel, must base a portion of |
| 2911 | each employee's compensation on performance demonstrated under |
| 2912 | s. 1012.34, must consider the prior teaching experience of a |
| 2913 | person who has been designated state teacher of the year by any |
| 2914 | state in the United States, and must consider prior professional |
| 2915 | experience in the field of education gained in positions in |
| 2916 | addition to district level instructional and administrative |
| 2917 | positions. |
| 2918 | 3. In developing the salary schedule, the district school |
| 2919 | board shall seek input from parents, teachers, and |
| 2920 | representatives of the business community. |
| 2921 | 4. Beginning with the 2002-2003 fiscal year, each district |
| 2922 | school board must adopt a performance-pay policy for school |
| 2923 | administrators and instructional personnel. The district's |
| 2924 | performance-pay policy is subject to negotiation as provided in |
| 2925 | chapter 447; however, the adopted salary schedule must allow |
| 2926 | school administrators and instructional personnel who |
| 2927 | demonstrate outstanding performance, as measured under s. |
| 2928 | 1012.34, to earn a 5-percent supplement in addition to their |
| 2929 | individual, negotiated salary. The supplements shall be funded |
| 2930 | from the performance-pay reserve funds adopted in the salary |
| 2931 | schedule. Beginning with the 2004-2005 academic year, the |
| 2932 | district's 5-percent performance-pay policy must provide for the |
| 2933 | evaluation of classroom teachers within each level of the salary |
| 2934 | career ladder provided in s. 1012.231. The Commissioner of |
| 2935 | Education shall determine whether the district school board's |
| 2936 | adopted policy and salary schedule complies with the requirement |
| 2937 | for performance-based pay. If the district school board fails to |
| 2938 | comply with this section, the commissioner may shall withhold |
| 2939 | disbursements from the Educational Enhancement Trust Fund to the |
| 2940 | district and take any other measure provided by law necessary to |
| 2941 | ensure compliance until compliance is verified. |
| 2942 | 5. Beginning with the 2007-2008 academic year, each |
| 2943 | district school board shall adopt a salary schedule with |
| 2944 | differentiated pay for both instructional personnel and school- |
| 2945 | based administrators. The salary schedule is subject to |
| 2946 | negotiation as provided in chapter 447 and must allow |
| 2947 | differentiated pay based on district-determined factors, |
| 2948 | including, but not limited to, additional responsibilities, |
| 2949 | school demographics, critical shortage areas, and level of job |
| 2950 | performance difficulties. |
| 2951 | Section 49. Section 1012.2315, Florida Statutes, is |
| 2952 | created to read: |
| 2953 | 1012.2315 Assignment of teachers.-- |
| 2954 | (1) LEGISLATIVE FINDINGS AND INTENT.--The Legislature |
| 2955 | finds disparity between teachers assigned to teach in a majority |
| 2956 | of "A" graded schools compared to teachers assigned to teach in |
| 2957 | a majority of "F" graded schools. The disparity can be found in |
| 2958 | the average years of experience, the median salary, and the |
| 2959 | performance of the teachers on teacher certification |
| 2960 | examinations. It is the intent of the Legislature that district |
| 2961 | school boards have flexibility through the collective bargaining |
| 2962 | process to assign teachers more equitably across the schools in |
| 2963 | the district. |
| 2964 | (2) ASSIGNMENT TO SCHOOLS GRADED "D" OR "F."--School |
| 2965 | districts may not assign a higher percentage than the school |
| 2966 | district average of first-time teachers, temporarily certified |
| 2967 | teachers, teachers in need of improvement, or out-of-field |
| 2968 | teachers to schools with above the school district average of |
| 2969 | minority and economically disadvantaged students or schools that |
| 2970 | are graded "D" or "F." Each school district shall annually |
| 2971 | certify to the Commissioner of Education that this requirement |
| 2972 | has been met. If the commissioner determines that a school |
| 2973 | district is not in compliance with this subsection, the State |
| 2974 | Board of Education shall be notified and shall take action |
| 2975 | pursuant to s. 1008.32 in the next regularly scheduled meeting |
| 2976 | to require compliance. |
| 2977 | Section 50. Subsection (2) of section 1012.27, Florida |
| 2978 | Statutes, is amended to read: |
| 2979 | 1012.27 Public school personnel; powers and duties of |
| 2980 | district school superintendent.--The district school |
| 2981 | superintendent is responsible for directing the work of the |
| 2982 | personnel, subject to the requirements of this chapter, and in |
| 2983 | addition the district school superintendent shall perform the |
| 2984 | following: |
| 2985 | (2) COMPENSATION AND SALARY SCHEDULES.--Prepare and |
| 2986 | recommend to the district school board for adoption a salary |
| 2987 | schedule or salary schedules. The district school superintendent |
| 2988 | must recommend a salary schedule for instructional personnel |
| 2989 | which bases a portion of each employee's compensation on |
| 2990 | performance demonstrated under s. 1012.34. In developing the |
| 2991 | recommended salary schedule, the district school superintendent |
| 2992 | shall include input from parents, teachers, and representatives |
| 2993 | of the business community. Beginning with the 2006-2007 2004- |
| 2994 | 2005 academic year, the recommended salary schedule for |
| 2995 | classroom teachers shall be consistent with the district's |
| 2996 | performance-pay policy under s. 1012.22(1)(c) and, beginning |
| 2997 | with the 2007-2008 academic year, the district's differentiated |
| 2998 | pay under s. 1012.22(1)(c) career ladder based upon s. 1012.231. |
| 2999 | Section 51. Subsection (6) of section 1012.28, Florida |
| 3000 | Statutes, is amended to read: |
| 3001 | 1012.28 Public school personnel; duties of school |
| 3002 | principals.-- |
| 3003 | (6) A school principal who fails to comply with this |
| 3004 | section shall be ineligible for any portion of the performance- |
| 3005 | pay performance pay policy incentive or the differentiated pay |
| 3006 | under s. 1012.22(1)(c). |
| 3007 | Section 52. Paragraph (a) of subsection (3) of section |
| 3008 | 1012.34, Florida Statutes, is amended to read: |
| 3009 | 1012.34 Assessment procedures and criteria.-- |
| 3010 | (3) The assessment procedure for instructional personnel |
| 3011 | and school administrators must be primarily based on the |
| 3012 | performance of students assigned to their classrooms or schools, |
| 3013 | as appropriate. Pursuant to this section, a school district's |
| 3014 | performance assessment is not limited to basing unsatisfactory |
| 3015 | performance of instructional personnel and school administrators |
| 3016 | upon student performance, but may include other criteria |
| 3017 | approved to assess instructional personnel and school |
| 3018 | administrators' performance, or any combination of student |
| 3019 | performance and other approved criteria. The procedures must |
| 3020 | comply with, but are not limited to, the following requirements: |
| 3021 | (a) An assessment must be conducted for each employee at |
| 3022 | least once a year. The assessment must be based upon sound |
| 3023 | educational principles and contemporary research in effective |
| 3024 | educational practices. The assessment must primarily use data |
| 3025 | and indicators of improvement in student performance assessed |
| 3026 | annually as specified in s. 1008.22 and may consider results of |
| 3027 | peer reviews in evaluating the employee's performance. Student |
| 3028 | performance must be measured by state assessments required under |
| 3029 | s. 1008.22 and by local assessments for subjects and grade |
| 3030 | levels not measured by the state assessment program. The |
| 3031 | assessment criteria must include, but are not limited to, |
| 3032 | indicators that relate to the following: |
| 3033 | 1. Performance of students. |
| 3034 | 2. Ability to maintain appropriate discipline. |
| 3035 | 3. Knowledge of subject matter. The district school board |
| 3036 | shall make special provisions for evaluating teachers who are |
| 3037 | assigned to teach out-of-field. |
| 3038 | 4. Ability to plan and deliver instruction, including |
| 3039 | implementation of the rigorous reading requirement pursuant to |
| 3040 | s. 1003.415, when applicable, and the use of technology in the |
| 3041 | classroom. |
| 3042 | 5. Ability to evaluate instructional needs. |
| 3043 | 6. Ability to establish and maintain a positive |
| 3044 | collaborative relationship with students' families to increase |
| 3045 | student achievement. |
| 3046 | 7. Other professional competencies, responsibilities, and |
| 3047 | requirements as established by rules of the State Board of |
| 3048 | Education and policies of the district school board. |
| 3049 | Section 53. Subsection (4) of section 1012.56, Florida |
| 3050 | Statutes, is amended to read: |
| 3051 | 1012.56 Educator certification requirements.-- |
| 3052 | (4) MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable means |
| 3053 | of demonstrating mastery of subject area knowledge are: |
| 3054 | (a) Achievement of passing scores on subject area |
| 3055 | examinations required by state board rule; |
| 3056 | (b) Completion of the subject area specialization |
| 3057 | requirements specified in state board rule and verification of |
| 3058 | the attainment of the essential subject matter competencies by |
| 3059 | the district school superintendent of the employing school |
| 3060 | district or chief administrative officer of the employing state- |
| 3061 | supported or private school for a subject area for which a |
| 3062 | subject area examination has not been developed and required by |
| 3063 | state board rule; |
| 3064 | (c) Completion of the subject area specialization |
| 3065 | requirements specified in state board rule for a subject |
| 3066 | coverage requiring a master's or higher degree and achievement |
| 3067 | of a passing score on the subject area examination specified in |
| 3068 | state board rule; |
| 3069 | (d) A valid professional standard teaching certificate |
| 3070 | issued by another state; or |
| 3071 | (e) A valid certificate issued by the National Board for |
| 3072 | Professional Teaching Standards or a national educator |
| 3073 | credentialing board approved by the State Board of Education. |
| 3074 |
|
| 3075 | School districts are encouraged to provide mechanisms for those |
| 3076 | middle school teachers holding only a K-6 teaching certificate |
| 3077 | to obtain a subject area coverage for middle grades through |
| 3078 | postsecondary coursework or district subject content |
| 3079 | professional development activities to assist in the preparation |
| 3080 | for earning a passing score on the subject area examination |
| 3081 | required for add-on certification. |
| 3082 | Section 54. Section 1012.986, Florida Statutes, is created |
| 3083 | to read: |
| 3084 | 1012.986 William Cecil Golden Professional Development |
| 3085 | Program for School Leaders.-- |
| 3086 | (1) ESTABLISHMENT.--There is established the William Cecil |
| 3087 | Golden Professional Development Program for School Leaders, a |
| 3088 | high-quality, competency-based, customized, comprehensive, and |
| 3089 | coordinated statewide professional development program that is |
| 3090 | aligned with the leadership standards for school leaders adopted |
| 3091 | by the State Board of Education. The program shall be |
| 3092 | administered by the Department of Education and shall provide |
| 3093 | leadership training opportunities for school leaders to enable |
| 3094 | them to be more effective instructional leaders, especially in |
| 3095 | the area of reading. The program shall provide school leaders |
| 3096 | with the opportunity to attain a school leadership designation |
| 3097 | pursuant to subsection (3). |
| 3098 | (2) DEFINITION.--As used in this section, the term "school |
| 3099 | leader" means a school principal or assistant principal holding |
| 3100 | a valid Florida certificate in educational leadership. |
| 3101 | (3) DESIGNATIONS.--The Department of Education shall |
| 3102 | develop criteria for designating high-performing school leaders. |
| 3103 | The criteria must emphasize student learning gains, especially |
| 3104 | in high schools. |
| 3105 | (4) PROGRAM REQUIREMENTS.-- |
| 3106 | (a) The program shall be based upon the leadership |
| 3107 | standards adopted by the State Board of Education, the standards |
| 3108 | of the National Staff Development Council, and the federal |
| 3109 | requirements for high-quality professional development under the |
| 3110 | No Child Left Behind Act of 2001. |
| 3111 | (b) The program shall provide a competency-based approach |
| 3112 | that utilizes prediagnostic and postdiagnostic evaluations that |
| 3113 | shall be used to create an individualized professional |
| 3114 | development plan approved by the district school superintendent. |
| 3115 | The plan shall be structured to support the school leader's |
| 3116 | attainment of the leadership standards adopted by the State |
| 3117 | Board of Education. |
| 3118 | (c) The program shall incorporate instructional leadership |
| 3119 | training and effective business practices for efficient school |
| 3120 | operations in school leadership training. |
| 3121 | (5) DELIVERY SYSTEMS.--The Department of Education shall |
| 3122 | deliver the program through multiple delivery systems, |
| 3123 | including: |
| 3124 | (a) Approved school district training programs. |
| 3125 | (b) Interactive technology-based instruction. |
| 3126 | (c) Regional consortium service organizations pursuant to |
| 3127 | s. 1001.451. |
| 3128 | (6) RULES.--The State Board of Education shall adopt rules |
| 3129 | pursuant to ss. 120.536(1) and 120.54 to implement the |
| 3130 | provisions of this section. |
| 3131 | Section 55. Section 1012.987, Florida Statutes, is |
| 3132 | repealed. |
| 3133 | Section 56. This act shall take effect upon becoming a |
| 3134 | law. |