HB 7087

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. 411.227, F.S.; conforming provisions relating
8	to student progress monitoring plans; amending s. 1000.03,
9	F.S.; revising the mission of the state's K-20 education
10	system; repealing s. 1000.041, F.S., to conform provisions
11	relating to the 2005 repeal of the BEST Florida Teaching
12	salary career ladder program; amending s. 1001.02, F.S.;
13	requiring legislative review of a revised state plan to
14	implement certain federal requirements; amending s.
15	1001.03, F.S.; requiring periodic review of Sunshine State
16	Standards subject areas and an annual status report;
17	requiring rules for certain teachers to earn a reading
18	credential equivalent; requiring the maintenance of a
19	uniform school district personnel classification system;
20	amending s. 1001.10, F.S.; requiring legislative review of
21	a revised state plan to implement certain federal
22	requirements; creating s. 1001.215, F.S.; creating the
23	Just Read, Florida! Office in the Department of Education;
24	providing duties; amending s. 1001.33, F.S.; conforming
25	provisions relating to the 2005 repeal of the BEST Florida
26	Teaching salary career ladder program; amending s.
27	1001.41, F.S.; requiring district school boards to adopt
28	standards and policies to provide each student a complete
29	education program; amending s. 1001.42, F.S.; providing a
30	district school board requirement relating to the opening
31	date of the school year; conforming provisions relating to
32	the 2005 repeal of the BEST Florida Teaching salary career
33	ladder program; providing requirements for each school
34	district's system of school improvement and student
35	progression; revising requirements for school improvement
36	plans; requiring alignment with the Sunshine State
37	Standards; revising format and content of public
38	disclosure reports; conforming provisions relating to
39	deletion of a rigorous reading requirement and the
40	designation of school grades; requiring measures for
41	reducing paperwork, data collection, and reporting
42	requirements; requiring a school district task force to
43	reduce paper and electronic reporting requirements;
44	repealing s. 1001.51(24), F.S., and amending s. 1001.54,
45	F.S.; conforming provisions relating to the 2005 repeal of
46	the BEST Florida Teaching salary career ladder program;
47	revising provisions relating to duties of school
48	principals; amending s. 1002.20, F.S.; conforming
49	provisions relating to student progress monitoring plans;
50	amending s. 1003.01, F.S.; revising definition of the term
51	"special education services"; amending s. 1003.03, F.S.;
52	authorizing use of co-teaching or team teaching as an
53	option to meet the constitutional class size maximums and
54	to determine the teacher-to-student ratio per classroom
55	under certain circumstances; amending s. 1003.05, F.S.;
56	deleting the requirement that certain children receive
57	preference for admission to special academic programs even
58	if maximum enrollment has been reached; revising programs
59	defined as "special academic programs" for purposes of
60	such preference; amending s. 1003.21, F.S.; requiring
61	student exit interviews prior to terminating school
62	enrollment; creating s. 1003.413, F.S., relating to
63	secondary school reform; providing intent and guiding
64	principles; requiring district school boards to establish
65	policies to implement requirements for middle grades
66	promotion, revised requirements for high school
67	graduation, and requirements for career and professional
68	academies; requiring policy approval and department
69	support for implementation; directing the Commissioner of
70	Education to create and implement the Secondary School
71	Improvement Award Program; repealing s. 1003.415, F.S.,
72	the Middle Grades Reform Act; creating s. 1003.4156, F.S.;
73	providing general course requirements for middle grades
74	promotion; requiring intensive reading and mathematics
75	courses in certain circumstances; authorizing rulemaking
76	and enforcement; amending s. 1003.42, F.S.; providing for
77	required instruction for middle grades promotion; creating
78	s. 1003.428, F.S.; establishing revised general
79	requirements for high school graduation; providing
80	applicability beginning with 2007-2008 first-year high
81	school students; requiring completion of specified credits
82	or a specified curriculum; requiring strategies for
83	exceptional students to meet graduation requirements;
84	requiring standards for graduation; requiring rules for
85	test accommodations and modifications in certain cases;
86	providing requirements for standard diplomas and
87	certificates of completion with exceptions; authorizing
88	rulemaking and enforcement; amending s. 1003.437, F.S.;
89	including middle grades in the uniform grading system;
90	repealing s. 1003.492(3) and (4), F.S., relating to
91	department studies of student performance in industry-
92	certified career education programs; creating s. 1003.493,
93	F.S.; defining career and professional academies and
94	specifying goals of the academies; providing requirements
95	of academies relating to curriculum, partnerships,
96	instruction, career education certification, and
97	evaluation; amending s. 1003.51, F.S.; conforming
98	provisions relating to student progress monitoring plans;
99	amending s. 1003.52, F.S.; conforming provisions relating
100	to student progress monitoring plans; amending s. 1003.57,
101	F.S.; providing guidelines for determining the residency
102	of a student who receives instruction as an exceptional
103	student with a disability; requiring the student's placing
104	authority or parent to pay the cost of such instruction,
105	facilities, and services; providing responsibilities of
106	the department; providing responsibilities of residential
107	facilities that educate exceptional students with
108	disabilities; providing applicability; creating s.
109	1003.576, F.S.; requiring the department to develop an
110	individual education plan form for use in developing and
111	implementing individual education plans for exceptional
112	students; requiring school districts to use the form;
113	amending s. 1003.58, F.S.; correcting a cross-reference;
114	amending s. 1003.62, F.S.; conforming provisions relating
115	to the designation of school grades and differentiated pay
116	for school administrators and instructional personnel;
117	creating s. 1004.99, F.S., the Florida Ready to Work
118	Certification Program to enhance student workplace skills;
119	providing for program implementation and requirements;
120	authorizing rulemaking; amending s. 1006.09, F.S.;
121	conforming provisions relating to differentiated pay;
122	amending s. 1007.2615, F.S.; revising provisions for
123	certification of American Sign Language teachers; amending
124	s. 1008.22, F.S.; specifying FCAT grade level and subject
125	area testing requirements; requiring documentation of
126	procedures that ensure test difficulty under certain
127	circumstances; providing that FCAT nonallowable
128	accommodations may be used as instructional accommodations
129	during classroom instruction if included in the individual
130	education plan of a student with a disability; authorizing
131	waiver of the FCAT under certain circumstances; requiring
132	certain opportunities for demonstrating student
133	performance; requiring the development of assessments for
134	measuring the academic competency of students with
135	disabilities; requiring the Commissioner of Education to
136	adopt scores concordant to FCAT scores required for high
137	school graduation; authorizing use of concordant scores
138	for additional purposes; clarifying eligibility to use
139	such scores to satisfy requirements for a diploma;
140	requiring an annual report on student performance;
141	repealing s. 1008.221, F.S., relating to alternative
142	assessments for dependent children of military personnel,
143	to conform; amending s. 1008.25, F.S.; replacing student
144	academic improvement plans with progress monitoring plans;
145	authorizing district school boards to require low-
146	performing students to attend remediation programs outside
147	of regular school hours or during the summer; requiring
148	the department to establish a uniform format for reporting
149	information relating to student progression; requiring an
150	annual report; repealing s. 1008.301, F.S., relating to a
151	concordance study of FCAT equivalencies for high school
152	graduation; amending s. 1008.31, F.S.; revising intent,
153	goals, and measures of the K-20 performance accountability
154	system and requiring data quality improvements; requiring
155	adoption of rules; amending s. 1008.33, F.S.; conforming a
156	cross-reference and provisions relating to the designation
157	of school grades; authorizing principals to recommend
158	corrective actions for low-performing faculty and staff at
159	"F" graded schools and publication of a school's grade;
160	amending s. 1008.34, F.S.; revising terminology and
161	provisions relating to designation and determination of
162	school grades; providing for school grading of feeder
163	pattern schools; defining a feeder pattern school;
164	providing for school grading for alternative schools and
165	specifying requirements related thereto; defining the term
166	"home school" for purposes of assessment; requiring an
167	annual school report card to be published by the
168	department and distributed by school districts; creating
169	s. 1008.341, F.S.; providing for school improvement
170	ratings for certain alternative schools; providing the
171	basis for such ratings and requiring annual performance
172	reports; providing for determination of school improvement
173	ratings, identification of student learning gains, and
174	eligibility for school recognition awards; requiring the
175	development and distribution of an annual school report
176	card; authorizing adoption of rules; amending s. 1008.345,
177	F.S.; conforming a cross-reference and provisions relating
178	to the designation of school grades; providing conditions
179	for determination of a school district or a governing
180	board with a school in a state of educational emergency;
181	providing procedures to resolve the educational emergency,
182	including state assistance; authorizing establishment of
183	an educational emergency board and providing duties
184	thereof; providing for an action plan to implement
185	recommendations; amending s. 1008.36, F.S.; authorizing
186	certain feeder pattern schools and alternative schools to
187	participate in the Florida School Recognition Program;
188	modifying procedures for determination and use of school
189	recognition awards; amending s. 1011.62, F.S.; providing
190	FTE funding for juveniles enrolled in specified education
191	programs; conforming cross-references and provisions
192	relating to the designation of school grades; establishing
193	a research-based reading instruction allocation to provide
194	funds for a comprehensive reading instruction system;
195	requiring school district plans for use of the allocation
196	and approval thereof; including the allocation in the
197	total amount allocated to each school district for current
198	operation; amending s. 1011.64, F.S.; conforming
199	terminology and a cross-reference; amending s. 1011.67,
200	F.S.; requiring district school board approval of a staff
201	development plan relating to use of instructional
202	materials; amending s. 1011.685, F.S.; conforming
203	provisions relating to the 2005 repeal of the BEST Florida
204	Teaching salary career ladder program and implementation
205	of differentiated pay; amending s. 1011.71, F.S.;
206	correcting a cross-reference; amending s. 1012.21, F.S.;
207	requiring department reporting relating to school district
208	collectively bargained contracts and the salary and
209	benefits of certain personnel; amending s. 1012.22, F.S.;
210	revising a district school board deadline for acting on
211	certain personnel nominations; requiring each district
212	school board to adopt a salary schedule with
213	differentiated pay for instructional personnel and school-
214	based administrators beginning with the 2007-2008 academic
215	year; creating s. 1012.2315, F.S.; providing school
216	district requirements for the assignment of teachers and
217	providing procedures for noncompliance; requiring
218	reporting by certain schools; amending s. 1012.27, F.S.;
219	conforming provisions relating to the 2005 repeal of the
220	BEST Florida Teaching salary career ladder program and
221	implementation of differentiated pay; amending s. 1012.28,
222	F.S.; conforming provisions relating to differentiated
223	pay; amending s. 1012.34, F.S.; conforming provisions
224	relating to deletion of a rigorous reading requirement;
225	amending s. 1012.56, F.S.; encouraging school districts to
226	provide mechanisms for teachers to obtain subject area
227	coverage for middle grades; creating s. 1012.986, F.S.;
228	establishing the William Cecil Golden Professional
229	Development Program for School Leaders; defining the term
230	"school leader"; providing for school leader designations;
231	providing program requirements and delivery systems;
232	requiring adoption of rules; repealing s. 1012.987, F.S.,
233	which requires the State Board of Education to adopt rules
234	through which school principals may earn a leadership
235	designation; providing an effective date.
236
237	WHEREAS, students will have the best opportunity to obtain
238	a high-quality education in the public education system of this
239	state and that system can best be enhanced when resources are
240	allocated efficiently and are concentrated in a rigorous and
241	relevant classroom learning environment, when teachers and
242	principals are supported, when high-quality educational
243	opportunity is reinforced through shared high academic and
244	career expectations, when accurate data is consistently
245	maintained and used to drive systemwide decisionmaking, and when
246	successes are rewarded, failures are identified, and the public
247	is apprised of both successes and failures, NOW, THEREFORE,
248
249	Be It Enacted by the Legislature of the State of Florida:
250
251	Section 1.  Subsection (8) is added to section 11.90,
252	Florida Statutes, to read:
253	11.90  Legislative Budget Commission.--
254	(8)  Upon the 2007 reauthorization of the federal No Child
255	Left Behind Act of 2001, the commission may review the proposed
256	state plan of the State Board of Education and the Commissioner
257	of Education before that plan is submitted.
258	Section 2.  Paragraph (f) is added to subsection (3) of
259	section 20.15, Florida Statutes, to read:
260	20.15  Department of Education.--There is created a
261	Department of Education.
262	(3)  DIVISIONS.--The following divisions of the Department
263	of Education are established:
264	(f)  Division of Accountability, Research, and Measurement.
265	Section 3.  Paragraph (b) of subsection (3) of section
266	411.227, Florida Statutes, is amended to read:
267	411.227  Components of the Learning Gateway.--The Learning
268	Gateway system consists of the following components:
269	(3)  EARLY EDUCATION, SERVICES AND SUPPORTS.--
270	(b)  Demonstration projects shall develop strategies to
271	increase the use of appropriate intervention practices with
272	children who have learning problems and learning disabilities
273	within public and private early care and education programs and
274	K-3 public and private school settings. Strategies may include
275	training and technical assistance teams. Intervention must be
276	coordinated and must focus on providing effective supports to
277	children and their families within their regular education and
278	community environment. These strategies must incorporate, as
279	appropriate, school and district activities related to the
280	student's progress monitoring academic improvement plan and must
281	provide parents with greater access to community-based services
282	that should be available beyond the traditional school day.
283	Academic expectations for public school students in grades K-3
284	must be based upon the local school board's adopted proficiency
285	levels. When appropriate, school personnel shall consult with
286	the local Learning Gateway to identify other community resources
287	for supporting the child and the family.
288	Section 4.  Subsection (4) of section 1000.03, Florida
289	Statutes, is amended to read:
290	1000.03  Function, mission, and goals of the Florida K-20
291	education system.--
292	(4)  The mission of Florida's K-20 education system is to
293	allow its students to increase their proficiency by allowing
294	them the opportunity to expand their knowledge and skills
295	through high-quality, rigorous, relevant adequate learning
296	opportunities, in accordance with the mission statement and
297	accountability requirements of s. 1008.31.
298	Section 5.  Section 1000.041, Florida Statutes, is
299	repealed.
300	Section 6.  Paragraph (g) of subsection (2) of section
301	1001.02, Florida Statutes, is amended to read:
302	1001.02  General powers of State Board of Education.--
303	(2)  The State Board of Education has the following duties:
304	(g)  To approve plans for cooperating with the Federal
305	Government. Upon the 2007 reauthorization of the federal No
306	Child Left Behind Act of 2001, the Commissioner of Education
307	shall seek public input and secure legislative review of the
308	revised state plan prior to submission.
309	Section 7.  Subsections (1), (3), and (14) of section
310	1001.03, Florida Statutes, are amended to read:
311	1001.03  Specific powers of State Board of Education.--
312	(1)  PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The State
313	Board of Education shall approve the student performance
314	standards known as the Sunshine State Standards in key academic
315	subject areas and grade levels. The state board shall establish
316	a schedule to facilitate the periodic review of each subject
317	area to maintain rigor, relevance, integration, and
318	reinforcement for student achievement and articulation and
319	evaluate how the standards are taught at each grade level. The
320	review teams for each Sunshine State Standards subject area must
321	include representatives from each other Sunshine State Standards
322	subject area to support valid integration of content and to
323	address the learning styles and instructional needs of all
324	students. Each review team must address the following:
325	(a)  Rigor, relevance, logical student progression,
326	articulation from grade to grade, and integration of reading,
327	writing, and mathematics.
328	(b)  Timelines for revision of course descriptions,
329	adoption of instructional materials, modifications to the
330	statewide assessment, and enhancements to professional
331	development.
332	(c)  Input from parents, classroom teachers, school and
333	district administrators, community college and university
334	faculty, and business representatives, in collaboration with
335	local education foundations.
336
337	The review schedule and an annual status report must be
338	submitted to the Governor, the President of the Senate, and the
339	Speaker of the House of Representatives annually not later than
340	January 1.
341	(3)  PROFESSIONAL CERTIFICATES.--The State Board of
342	Education shall classify school services, designate the
343	certification subject areas, establish competencies, including
344	the use of technology to enhance student learning, and
345	certification requirements for all school-based personnel, and
346	prescribe rules in accordance with which the professional,
347	temporary, and part-time certificates shall be issued by the
348	Department of Education to applicants who meet the standards
349	prescribed by such rules for their class of service, as
350	described in chapter 1012. The state board shall adopt rules
351	that give part-time and full-time nondegreed teachers of career
352	programs, pursuant to s. 1012.39(1)(c), the opportunity to earn
353	a reading credential equivalent to a reading endorsement.
354	(14)  UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT
355	ADMINISTRATIVE AND MANAGEMENT PERSONNEL.--The State Board of
356	Education shall maintain recommend to the Legislature by
357	February 1, 2003, a uniform classification system for school
358	district administrative and management personnel that will
359	facilitate the uniform coding of administrative and management
360	personnel to total district employees.
361	Section 8.  Section 1001.10, Florida Statutes, is amended
362	to read:
363	1001.10  Commissioner of Education; general powers and
364	duties.--The Commissioner of Education is the chief educational
365	officer of the state and the sole custodian of the K-20 data
366	warehouse, and is responsible for giving full assistance to the
367	State Board of Education in enforcing compliance with the
368	mission and goals of the seamless K-20 education system. To
369	facilitate innovative practices and to allow local selection of
370	educational methods, the State Board of Education may authorize
371	the commissioner to waive, upon the request of a district school
372	board, State Board of Education rules that relate to district
373	school instruction and school operations, except those rules
374	pertaining to civil rights, and student health, safety, and
375	welfare. The Commissioner of Education is not authorized to
376	grant waivers for any provisions in rule pertaining to the
377	allocation and appropriation of state and local funds for public
378	education; the election, compensation, and organization of
379	school board members and superintendents; graduation and state
380	accountability standards; financial reporting requirements;
381	reporting of out-of-field teaching assignments under s. 1012.42;
382	public meetings; public records; or due process hearings
383	governed by chapter 120. No later than January 1 of each year,
384	the commissioner shall report to the Legislature and the State
385	Board of Education all approved waiver requests in the preceding
386	year. Additionally, the commissioner has the following general
387	powers and duties:
388	(1)  To appoint staff necessary to carry out his or her
389	powers and duties.
390	(2)  To advise and counsel with the State Board of
391	Education on all matters pertaining to education; to recommend
392	to the State Board of Education actions and policies as, in the
393	commissioner's opinion, should be acted upon or adopted; and to
394	execute or provide for the execution of all acts and policies as
395	are approved.
396	(3)  To keep such records as are necessary to set forth
397	clearly all acts and proceedings of the State Board of
398	Education.
399	(4)  To have a seal for his or her office with which, in
400	connection with his or her own signature, the commissioner shall
401	authenticate true copies of decisions, acts, or documents.
402	(5)  To recommend to the State Board of Education policies
403	and steps designed to protect and preserve the principal of the
404	State School Fund; to provide an assured and stable income from
405	the fund; to execute such policies and actions as are approved;
406	and to administer the State School Fund.
407	(6)  To take action on the release of mineral rights based
408	upon the recommendations of the Board of Trustees of the
409	Internal Improvement Trust Fund.
410	(7)  To submit to the State Board of Education, on or
411	before August 1 of each year, recommendations for a coordinated
412	K-20 education budget that estimates the expenditures for the
413	State Board of Education, including the Department of Education,
414	the Commissioner of Education, and all of the boards,
415	institutions, agencies, and services under the general
416	supervision of the State Board of Education for the ensuing
417	fiscal year. Any program recommended to the State Board of
418	Education that will require increases in state funding for more
419	than 1 year must be presented in a multiyear budget plan.
420	(8)  To develop and implement a plan for cooperating with
421	the Federal Government in carrying out any or all phases of the
422	educational program and to recommend policies for administering
423	funds that are appropriated by Congress and apportioned to the
424	state for any or all educational purposes. Upon the 2007
425	reauthorization of the federal No Child Left Behind Act of 2001,
426	the commissioner shall seek public input and secure legislative
427	review of the revised state plan prior to submission.
428	(9)  To develop and implement policies for cooperating with
429	other public agencies in carrying out those phases of the
430	program in which such cooperation is required by law or is
431	deemed by the commissioner to be desirable and to cooperate with
432	public and nonpublic agencies in planning and bringing about
433	improvements in the educational program.
434	(10)  To prepare forms and procedures as are necessary to
435	be used by district school boards and all other educational
436	agencies to assure uniformity, accuracy, and efficiency in the
437	keeping of records, the execution of contracts, the preparation
438	of budgets, or the submission of reports; and to furnish at
439	state expense, when deemed advisable by the commissioner, those
440	forms that can more economically and efficiently be provided.
441	(11)  To implement a program of school improvement and
442	education accountability designed to provide all students the
443	opportunity to make adequate learning gains in each year of
444	school as provided by statute and State Board of Education rule
445	based upon the achievement of the state education goals,
446	recognizing the following:
447	(a)  The State Board of Education is the body corporate
448	responsible for the supervision of the system of public
449	education.
450	(b)  The district school board is responsible for school
451	and student performance.
452	(c)  The individual school is the unit for education
453	accountability.
454	(d)  The community college board of trustees is responsible
455	for community college performance and student performance.
456	(e)  The university board of trustees is responsible for
457	university performance and student performance.
458	(12)  To establish a Citizen Information Center responsible
459	for the preparation, publication, and distribution of materials
460	relating to the state system of seamless K-20 public education.
461	(13)  To prepare and publish annually reports giving
462	statistics and other useful information pertaining to the
463	Opportunity Scholarship Program.
464	(14)  To have printed or electronic copies of school laws,
465	forms, instruments, instructions, and rules of the State Board
466	of Education and provide for their distribution.
467	(15)  To develop criteria for use by state instructional
468	materials committees in evaluating materials submitted for
469	adoption consideration. The criteria shall, as appropriate, be
470	based on instructional expectations reflected in curriculum
471	frameworks and student performance standards. The criteria for
472	each subject or course shall be made available to publishers of
473	instructional materials pursuant to the requirements of chapter
474	1006.
475	(16)  To prescribe procedures for evaluating instructional
476	materials submitted by publishers and manufacturers in each
477	adoption.
478
479	The commissioner's office shall operate all statewide functions
480	necessary to support the State Board of Education and the K-20
481	education system, including strategic planning and budget
482	development, general administration, and assessment and
483	accountability.
484	Section 9.  Section 1001.215, Florida Statutes, is created
485	to read:
486	1001.215  Just Read, Florida! Office.--There is created in
487	the Department of Education the Just Read, Florida! Office. The
488	office shall be fully accountable to the Commissioner of
489	Education and shall:
490	(1)  Train highly effective reading coaches.
491	(2)  Create multiple designations of effective reading
492	instruction, with accompanying endorsement credentials, which
493	encourage all teachers to integrate reading instruction into
494	their content areas.
495	(3)  Train K-12 teachers, school principals, and parents on
496	research-based reading instructional strategies and secondary
497	teachers on effective instructional strategies for teaching
498	reading in the content areas with an emphasis on reading for
499	information.
500	(4)  Provide technical assistance to school districts in
501	the development and implementation of district plans for use of
502	the research-based reading instruction allocation provided under
503	s. 1011.62(8) and annually review and approve such plans.
504	(5)  Review, evaluate, and provide technical assistance to
505	school districts on their implementation of the K-12
506	comprehensive reading plan required by s. 1011.62(8).
507	(6)  Provide information on research-based reading programs
508	and effective instructional strategies for teaching reading in
509	the content areas and support for reading for information.
510	(7)  Periodically review the Sunshine State Standards for
511	reading at all grade levels.
512	(8)  Periodically review teacher certification examinations
513	to ascertain whether the examinations measure the skills needed
514	for research-based reading, instructional strategies for
515	teaching reading in the content areas, and support for reading
516	for information.
517	(9)  Work with teacher preparation programs approved
518	pursuant to s. 1004.04 to integrate into teacher preparation
519	programs research-based reading instructional strategies and
520	instructional strategies for teaching reading in the content
521	areas.
522	(10)  Administer grants and perform other functions as
523	necessary to meet the goal that all students read at grade
524	level.
525	Section 10.  Section 1001.33, Florida Statutes, is amended
526	to read:
527	1001.33  Schools under control of district school board and
528	district school superintendent.--
529	(1)  Except as otherwise provided by law, all public
530	schools conducted within the district shall be under the
531	direction and control of the district school board with the
532	district school superintendent as executive officer.
533	(2)  Each district school board, each district school
534	superintendent, and each district and school-based administrator
535	shall cooperate to apply the following guiding principles of
536	Better Educated Students and Teachers (BEST) Florida Teaching:
537	(a)  Teachers lead, students learn.
538	(b)  Teachers maintain orderly, disciplined classrooms
539	conducive to student learning.
540	(c)  Teachers are trained, recruited, well compensated, and
541	retained for quality.
542	(d)  Teachers are well rewarded for their students' high
543	performance.
544	(e)  Teachers are most effective when served by exemplary
545	school administrators.
546	Section 11.  Subsection (3) of section 1001.41, Florida
547	Statutes, is amended to read:
548	1001.41  General powers of district school board.--The
549	district school board, after considering recommendations
550	submitted by the district school superintendent, shall exercise
551	the following general powers:
552	(3)  Prescribe and adopt standards and policies to provide
553	each student the opportunity to receive a complete education
554	program, including language arts, mathematics, science, social
555	studies, health, physical education, foreign languages, and the
556	arts, as defined by the Sunshine State Standards. The standards
557	and policies must emphasize integration and reinforcement of
558	reading, writing, and mathematics skills in a rigorous and
559	relevant context across all subjects, including career and
560	technical education as are considered desirable by it for
561	improving the district school system.
562	Section 12.  Paragraph (f) of subsection (4), paragraph (c)
563	of subsection (5), subsection (16), paragraph (d) of subsection
564	(17), and subsection (18) of section 1001.42, Florida Statutes,
565	are amended, subsection (22) is renumbered as subsection (23),
566	and a new subsection (22) is added to that section, to read:
567	1001.42  Powers and duties of district school board.--The
568	district school board, acting as a board, shall exercise all
569	powers and perform all duties listed below:
570	(4)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
571	SCHOOLS.--Adopt and provide for the execution of plans for the
572	establishment, organization, and operation of the schools of the
573	district, including, but not limited to, the following:
574	(f)  Opening and closing of schools; fixing uniform
575	date.--Adopt policies for the opening and closing of schools and
576	fix uniform dates. The opening date of the school year for
577	schools in the district shall be no earlier than 7 days before
578	Labor Day each year; however, the district school board may,
579	with a supermajority vote after a public hearing, establish an
580	earlier opening date which shall be no earlier than August 8 or
581	establish a different opening date for a school on a year-round
582	or an extended calendar.
583	(5)  PERSONNEL.--
584	(c)  Fully support and cooperate in the application of the
585	guiding principles of Better Educated Students and Teachers
586	(BEST) Florida Teaching, pursuant to s. 1000.041.
587	(16)  IMPLEMENT SCHOOL IMPROVEMENT AND
588	ACCOUNTABILITY.--Maintain a system of school improvement and
589	education accountability as provided by statute and State Board
590	of Education rule. This system of school improvement and
591	education accountability shall be consistent with, and
592	implemented through, the district's continuing system of
593	planning and budgeting required by this section and ss.
594	1008.385, 1010.01, and 1011.01. This system of school
595	improvement and education accountability shall include, but is
596	not limited to, the following:
597	(a)  School improvement plans.--Annually approve and
598	require implementation of a new, amended, or continuation school
599	improvement plan for each school in the district, except that a
600	district school board may establish a district school
601	improvement plan that includes all schools in the district
602	operating for the purpose of providing educational services to
603	youth in Department of Juvenile Justice programs. The school
604	improvement Such plan shall be designed to achieve the state
605	education priorities pursuant to s. 1000.03(5) and student
606	proficiency on the Sunshine State Standards pursuant to s.
607	1003.41 performance standards. In addition, any school required
608	to implement a rigorous reading requirement pursuant to s.
609	1003.415 must include such component in its school improvement
610	plan. Each plan shall address student achievement goals and
611	strategies based on state and school district proficiency
612	standards. The plan may also address issues relative to other
613	academic-related matters budget, training, instructional
614	materials, technology, staffing, student support services,
615	specific school safety and discipline strategies, student health
616	and fitness, including physical fitness, parental information on
617	student health and fitness, and indoor environmental air
618	quality, and other matters of resource allocation, as determined
619	by district school board policy, and shall include be based on
620	an accurate, data-based analysis of student achievement and
621	other school performance data. For each school in the district
622	that earns a school grade of "C" or below, or is required to
623	have a school improvement plan under federal law, the school
624	improvement plan shall, at a minimum, also include:
625	1.  A needs assessment, based on disaggregated student
626	achievement data related to student performance on the FCAT,
627	which is used to identify each individual student subgroup's
628	strengths and weaknesses and to determine the effectiveness of
629	the teaching and learning strategies that are being used in the
630	classroom.
631	2.  Performance goals, based on the needs assessment, with
632	measurable objectives of improvement in the areas of language
633	arts, mathematics, and science for each student subgroup.
634	3.  A Sunshine State Standards instructional calendar and
635	timeline based on the needs assessment for each grade and in
636	each of the subject areas of language arts, mathematics, and
637	science to focus and integrate instruction, manage instructional
638	time, and allocate resources.
639	4.  The following strategies:
640	a.  Mini-assessments of targeted Sunshine State Standards
641	benchmarks that provide ongoing progress monitoring of students
642	and generate data to redesign instruction.
643	b.  Alternative in-school, tutorial, remediation, or
644	enrichment programs for students that are based on each
645	student's individual academic needs as defined by performance on
646	the mini-assessments.
647	c.  A student performance monitoring plan and clearly
648	assigned school personnel monitoring responsibilities.
649	5.  Professional development that supports enhanced
650	instructional strategies, improves teaching and learning, and
651	addresses skill gaps.
652	6.  If the school is a high school, annual publication of
653	the school's graduation rate calculated without GED tests for
654	the past 3 years, disaggregated by student ethnicity.
655
656	For each school district with a school designated with a grade
657	of "D" or "F," the district school board shall cooperate with
658	the community assessment team assigned by the commissioner in
659	accordance with s. 1008.345(6)(d).
660	(b)  Alignment with Sunshine State Standards.--Design the
661	school district's system of school improvement and student
662	progression to provide frequent and accurate information to the
663	teacher and student regarding each student's progress toward
664	mastering the Sunshine State Standards. The system must support
665	the alignment of the Sunshine State Standards, monitoring of
666	individual student progress, and enhanced instructional
667	strategies, assessment, and professional development.
668	(c)(b)  Approval process.--Develop a process for approval
669	of a school improvement plan presented by an individual school
670	and its advisory council. In the event a district school board
671	does not approve a school improvement plan after exhausting this
672	process, the Department of Education shall be notified of the
673	need for assistance.
674	(d)(c)  Assistance and intervention.--
675	1.  Develop a 2-year plan of increasing individualized
676	assistance and intervention for each school in danger of not
677	meeting state standards or making adequate progress, as defined
678	pursuant to statute and State Board of Education rule, toward
679	meeting the goals and standards of its approved school
680	improvement plan.
681	2.  Provide assistance and intervention to a school that is
682	designated with a identified as being in performance grade of
683	category "D" pursuant to s. 1008.34 and is in danger of failing.
684	3.  Develop a plan to encourage teachers with demonstrated
685	mastery in improving student performance to remain at or
686	transfer to a school designated with a as performance grade of
687	category "D" or "F" or to an alternative school that serves
688	disruptive or violent youths. If a classroom teacher, as defined
689	by s. 1012.01(2)(a), who meets the definition of teaching
690	mastery developed according to the provisions of this paragraph,
691	requests assignment to a school designated with a as performance
692	grade of category "D" or "F" or to an alternative school that
693	serves disruptive or violent youths, the district school board
694	shall make every practical effort to grant the request.
695	4.  Prioritize, to the extent possible, the expenditures of
696	funds received from the supplemental academic instruction
697	categorical fund under s. 1011.62(1)(f) to improve student
698	performance in schools that receive a performance grade category
699	designation of "D" or "F."
700	(e)(d)  After 2 years.--Notify the Commissioner of
701	Education and the State Board of Education in the event any
702	school does not make adequate progress toward meeting the goals
703	and standards of a school improvement plan by the end of 2 years
704	of failing to make adequate progress and proceed according to
705	guidelines developed pursuant to statute and State Board of
706	Education rule. School districts shall provide intervention and
707	assistance to schools in danger of being designated with a as
708	performance grade of category "F," failing to make adequate
709	progress.
710	(f)(e)  Public disclosure.--Provide information regarding
711	performance of students and educational programs as required
712	pursuant to ss. 1008.22 and 1008.385 and implement a system of
713	school reports as required by statute and State Board of
714	Education rule that shall include schools operating for the
715	purpose of providing educational services to youth in Department
716	of Juvenile Justice programs, and for those schools, report on
717	the elements specified in s. 1003.52(19). Annual public
718	disclosure reports shall be in an understandable and easy-to-
719	read report card format, shall use multiple media such as
720	electronic mail, websites, public service announcements, or
721	print or electronic advertising, and shall include the school's
722	student and school performance grade, high school graduation
723	rate calculated without GED tests, disaggregated by student
724	ethnicity, category designation and other performance data as
725	specified in state board rule.
726	(g)(f)  School improvement funds.--Provide funds to schools
727	for developing and implementing school improvement plans. Such
728	funds shall include those funds appropriated for the purpose of
729	school improvement pursuant to s. 24.121(5)(c).
730	(17)  LOCAL-LEVEL DECISIONMAKING.--
731	(d)  Adopt policies that assist in giving greater autonomy,
732	including authority over the allocation of the school's budget,
733	to schools designated with a as performance grade of category
734	"A," making excellent progress, and schools rated as having
735	improved at least two grades performance grade categories.
736	(18)  OPPORTUNITY SCHOLARSHIPS.--Adopt policies allowing
737	students attending schools that have been designated with a as
738	performance grade of category "F," failing to make adequate
739	progress, for 2 school years in a 4-year period to attend a
740	higher performing school in the district or an adjoining
741	district or be granted a state opportunity scholarship to a
742	private school, in conformance with s. 1002.38 and State Board
743	of Education rule.
744	(22)  REDUCE PAPERWORK AND DATA COLLECTION AND REPORTING
745	REQUIREMENTS.--
746	(a)  Paperwork and data collection.--Hold extensive public
747	hearings and provide detailed analysis of burden hours needed to
748	complete paperwork, hard copies, and electronic copies required
749	under a state mandate if the district school board will exceed
750	paperwork and data collection requirements of the state mandate.
751	"Burden hours" are defined as the amount of time required to
752	gather, compile, complete, transmit, and report information.
753	(b)  Task force.--Establish a task force to reduce the
754	paper and electronic reporting requirements that impact the
755	school district, which may include the duties specified in s.
756	1008.385(2)(b). A majority of the task force members must be
757	classroom teachers with additional members to include, but not
758	be limited to, one exceptional student education teacher, school
759	administrators, district-level personnel, and the district
760	school superintendent. The task force must seek to reduce the
761	burden hours required of school district staff by making
762	recommendations to the district school board on ways to reduce,
763	eliminate, revise, or consolidate requirements relating to, but
764	not limited to, student attendance, student behavior, and
765	teacher lesson plans. The task force must annually report its
766	actions and recommendations to the Department of Education. The
767	department shall review the annual reports and progress of each
768	school district task force and, based on such information,
769	provide its recommendations to school districts for reduction,
770	elimination, revision, or consolidation of paper and electronic
771	reporting requirements.
772	Section 13.  Subsection (24) of section 1001.51, Florida
773	Statutes, is repealed.
774	Section 14.  Paragraphs (c) and (d) of subsection (1) and
775	subsection (2) of section 1001.54, Florida Statutes, are amended
776	to read:
777	1001.54  Duties of school principals.--
778	(1)
779	(c)  The school principal shall encourage school personnel
780	to implement the guiding principles for Better Educated Students
781	and Teachers (BEST) Florida Teaching, pursuant to s. 1000.041.
782	(c)(d)  The school principal shall fully support the
783	authority of each teacher and school bus driver to remove
784	disobedient, disrespectful, violent, abusive, uncontrollable, or
785	disruptive students from the classroom and the school bus and,
786	when appropriate and available, place such students in an
787	alternative educational setting.
788	(2)  Each school principal shall provide instructional
789	leadership in the development, or revision, and implementation
790	of a school improvement plan, pursuant to s. 1001.42(16).
791	Section 15.  Subsection (11) of section 1002.20, Florida
792	Statutes, is amended to read:
793	1002.20  K-12 student and parent rights.--Parents of public
794	school students must receive accurate and timely information
795	regarding their child's academic progress and must be informed
796	of ways they can help their child to succeed in school. K-12
797	students and their parents are afforded numerous statutory
798	rights including, but not limited to, the following:
799	(11)  STUDENTS WITH READING DEFICIENCIES.--Each elementary
800	school shall regularly assess the reading ability of each K-3
801	student. The parent of any K-3 student who exhibits a reading
802	deficiency shall be immediately notified of the student's
803	deficiency with a description and explanation, in terms
804	understandable to the parent, of the exact nature of the
805	student's difficulty in learning and lack of achievement in
806	reading; shall be consulted in the development of a progress
807	monitoring detailed academic improvement plan, as described in
808	s. 1008.25(4)(b); and shall be informed that the student will be
809	given intensive reading instruction until the deficiency is
810	corrected. This subsection operates in addition to the
811	remediation and notification provisions contained in s. 1008.25
812	and in no way reduces the rights of a parent or the
813	responsibilities of a school district under that section.
814	Section 16.  Paragraph (b) of subsection (3) of section
815	1003.01, Florida Statutes, is amended to read:
816	1003.01  Definitions.--As used in this chapter, the term:
817	(3)
818	(b)  "Special education services" means specially designed
819	instruction and such related services as are necessary for an
820	exceptional student to benefit from education. Such services may
821	include: transportation; diagnostic and evaluation services;
822	social services; physical and occupational therapy; speech and
823	language pathology services; job placement; orientation and
824	mobility training; braillists, typists, and readers for the
825	blind; interpreters and auditory amplification; rehabilitation
826	counseling; transition services; mental health services;
827	guidance and career counseling; specified materials, assistive
828	technology devices, and other specialized equipment; and other
829	such services as approved by rules of the state board.
830	Section 17.  Paragraphs (e) through (l) of subsection (3)
831	of section 1003.03, Florida Statutes, are redesignated as
832	paragraphs (f) through (m), respectively, and a new paragraph
833	(e) is added to that subsection to read:
834	1003.03  Maximum class size.--
835	(3)  IMPLEMENTATION OPTIONS.--District school boards must
836	consider, but are not limited to, implementing the following
837	items in order to meet the constitutional class size maximums
838	described in subsection (1) and the two-student-per-year
839	reduction required in subsection (2):
840	(e)  Use co-teaching or team teaching in determining the
841	teacher-to-student ratio for purpose of compliance with the
842	class size requirements of this section during the
843	implementation period upon approval of a phase-down plan by the
844	State Board of Education and passage by the Legislature of House
845	Joint Resolution 447 or similar legislation during the 2006
846	Regular Session.
847	Section 18.  Subsection (3) of section 1003.05, Florida
848	Statutes, is amended to read:
849	1003.05  Assistance to transitioning students from military
850	families.--
851	(3)  Dependent children of active duty military personnel
852	who otherwise meet the eligibility criteria for special academic
853	programs offered through public schools shall be given first
854	preference for admission to such programs even if the program is
855	being offered through a public school other than the school to
856	which the student would generally be assigned and the school at
857	which the program is being offered has reached its maximum
858	enrollment. If such a program is offered through a public school
859	other than the school to which the student would generally be
860	assigned, the parent or guardian of the student must assume
861	responsibility for transporting the student to that school. For
862	purposes of this subsection, special academic programs include
863	charter schools, magnet schools, advanced studies programs,
864	advanced placement, dual enrollment, Advanced International
865	Certificate of Education, and International Baccalaureate.
866	Section 19.  Paragraph (c) of subsection (1) of section
867	1003.21, Florida Statutes, is amended to read:
868	1003.21  School attendance.--
869	(1)
870	(c)  A student who attains the age of 16 years during the
871	school year is not subject to compulsory school attendance
872	beyond the date upon which he or she attains that age if the
873	student files a formal declaration of intent to terminate school
874	enrollment with the district school board. The declaration must
875	acknowledge that terminating school enrollment is likely to
876	reduce the student's earning potential and must be signed by the
877	student and the student's parent. The school district must
878	notify the student's parent of receipt of the student's
879	declaration of intent to terminate school enrollment. The
880	student's guidance counselor or other school personnel must
881	conduct an exit interview with the student to determine the
882	reasons for the student's decision to terminate school
883	enrollment and actions that could be taken to keep the student
884	in school. The student must be informed of opportunities to
885	continue his or her education in a different environment,
886	including, but not limited to, adult education and GED test
887	preparation. Additionally, the student must complete a survey in
888	a format prescribed by the Department of Education to provide
889	data on student reasons for terminating enrollment and actions
890	taken by schools to keep students enrolled.
891	Section 20.  Section 1003.413, Florida Statutes, is created
892	to read:
893	1003.413  Secondary school reform.--
894	(1)  Secondary schools are schools that primarily serve
895	students in grades 6 through 12. It is the intent of the
896	Legislature to provide for secondary school reform so that
897	students promoted from the 8th grade have the necessary academic
898	skills for success in high school and students graduating from
899	high school have the necessary skills for success in the
900	workplace and postsecondary education.
901	(2)  Guiding principles for secondary school reform are:
902	(a)  Struggling students, especially those in failing
903	schools, need the highest quality teachers and dramatically
904	different, innovative approaches to teaching and learning.
905	(b)  Every teacher must contribute to every student's
906	reading improvement.
907	(c)  Quality professional development provides teachers and
908	principals with the tools they need to better serve students.
909	(d)  Small learning communities allow teachers to
910	personalize instruction to better address student learning
911	styles, strengths, and weaknesses.
912	(e)  Intensive intervention in reading and mathematics must
913	occur early and through innovative delivery systems.
914	(f)  Parents need access to tools they can use to monitor
915	their child's progress in school, communicate with teachers, and
916	act early on behalf of their child.
917	(g)  Applied and integrated courses help students see the
918	relationships between subjects and relevance to their futures.
919	(h)  Majors and minors allow students to choose courses and
920	set goals based on their interests and talents.
921	(i)  Master schedules should not determine instruction and
922	must be designed based on student needs, not adult or
923	institutional needs.
924	(j)  Academic and career planning engages students in
925	developing a personally meaningful course of study so they can
926	achieve goals they have set for themselves.
927	(3)  Based on these guiding principles, district school
928	boards shall establish policies to implement the requirements of
929	ss. 1003.4156, 1003.428, and 1003.493. The policies must
930	address:
931	(a)  Procedures for placing and promoting students who
932	enter a Florida public school at grade 6 through grade 12 from
933	out of state or from a foreign country, including a review of
934	the student's prior academic performance.
935	(b)  Alternative methods for students to demonstrate
936	competency in required courses and credits, with special support
937	for students who have been retained.
938	(c)  Applied, integrated, and combined courses that provide
939	flexibility for students to enroll in courses that are creative
940	and meet individual learning styles and student needs.
941	(d)  Credit recovery courses and intensive reading and
942	mathematics intervention courses based on student performance on
943	the FCAT. These courses should be competency based and offered
944	through innovative delivery systems, including computer-assisted
945	instruction. School districts should use learning gains as well
946	as other appropriate data and provide incentives to identify and
947	reward high-performing teachers who teach credit recovery and
948	intensive intervention courses.
949	(e)  Grade forgiveness policies that replace a grade of "D"
950	or "F" with a grade of "C" or higher earned subsequently in the
951	same or a comparable course.
952	(f)  Summer academies for students to receive intensive
953	reading and mathematics intervention courses or competency-based
954	credit recovery courses. A student's participation in an
955	instructional or remediation program prior to or immediately
956	following entering grade 9 for the first time shall not affect
957	that student's classification as a first-time 9th grader for
958	reporting purposes.
959	(g)  Strategies to support teachers' pursuit of the reading
960	endorsement and emphasize reading instruction professional
961	development for content area teachers.
962	(h)  Creative and flexible scheduling designed to meet
963	student needs.
964	(i)  Procedures for high school students who have not
965	prepared an electronic personal education plan pursuant to s.
966	1003.4156 to prepare such plan.
967	(j)  Tools for parents to regularly monitor student
968	progress and communicate with teachers.
969	(k)  Additional course requirements for promotion and
970	graduation which may be determined by each school district in
971	the student progression plan and may include additional
972	academic, fine and performing arts, physical education, or
973	career and technical education courses in order to provide a
974	complete education program pursuant to s. 1001.41(3).
975
976	Within 30 days after adoption, the district school board
977	policies shall be submitted to the State Board of Education for
978	approval. The district school board policies shall be deemed
979	approved unless specifically rejected by the State Board of
980	Education within 60 days after receipt.
981	(4)  In order to support the successful implementation of
982	this section by district school boards, the Department of
983	Education shall by the 2006-2007 school year:
984	(a)  Increase the number of approved applied, integrated,
985	and combined courses available to school districts.
986	(b)  Make available a professional development package
987	designed to provide the information that content area teachers
988	need to become proficient in applying scientifically based
989	reading strategies through their content areas.
990	(c)  Share best practices for providing a complete
991	education program to students enrolled in course recovery,
992	credit recovery, intensive reading intervention, or intensive
993	mathematics intervention.
994	(d)  Expedite assistance and decisions and coordinate
995	policies throughout all divisions within the department to
996	provide school districts with support to implement this section.
997	(e)  Use data to provide the Legislature with an annual
998	longitudinal analysis of the success of this reform effort,
999	including the progress of 6th grade students and 9th grade
1000	students scoring at Level 1 on FCAT Reading or FCAT Mathematics.
1001	(5)  The Commissioner of Education shall create and
1002	implement the Secondary School Improvement Award Program to
1003	reward public secondary schools that demonstrate continuous
1004	student academic improvement and show the greatest gains in
1005	student academic achievement in reading and mathematics.
1006	Section 21.  Section 1003.415, Florida Statutes, is
1007	repealed.
1008	Section 22.  Section 1003.4156, Florida Statutes, is
1009	created to read:
1010	1003.4156  General requirements for middle grades
1011	promotion.--
1012	(1)  Beginning with students entering grade 6 in the 2006-
1013	2007 school year, promotion from a school composed of middle
1014	grades 6, 7, and 8 requires that:
1015	(a)  The student must successfully complete academic
1016	courses as follows:
1017	1.  Three middle school or higher year-long courses in
1018	English. These courses shall emphasize literature, composition,
1019	and reading for information.
1020	2.  Three middle school or higher year-long courses in
1021	mathematics. Each middle school must offer at least one high-
1022	school-level mathematics course for which students may earn high
1023	school credit.
1024	3.  Three middle school or higher year-long courses in
1025	social studies, including American history and world history.
1026	4.  Three middle school or higher year-long courses in
1027	science.
1028	5.  One year-long course, to be taken in grade 6, that
1029	exposes the student to elective areas of the curriculum. The
1030	course must be comprised of 9 weeks of instruction in each of
1031	the following areas: career and technical education, art, music,
1032	and physical education.
1033	6.  One half-year course in career exploration and
1034	education planning to be completed in grade 7 or grade 8. The
1035	course may be taught by any member of the instructional staff
1036	and must include, but is not limited to, the following
1037	components:
1038	a.  Career exploration.
1039	b.  Academic advising from the instructor, with assistance
1040	from guidance counselors, to provide information to each student
1041	about high school programs and courses, including acceleration
1042	mechanisms, career and technical programs, and career and
1043	professional academies pursuant to s. 1003.493, that meet the
1044	student's interests.
1045	c.  Educational planning using the online student advising
1046	system Florida Academic Counseling and Tracking for Students at
1047	the Internet website FACTS.org.
1048
1049	Each school must hold a parent meeting either in the evening or
1050	on a weekend to inform parents about the course curriculum and
1051	activities. Each student shall complete an electronic personal
1052	education plan that must be signed by the student, the student's
1053	instructor or guidance counselor, and the student's parent. By
1054	January 1, 2007, the Department of Education shall develop a
1055	course framework and professional development materials for the
1056	career exploration and education planning course. The
1057	Commissioner of Education shall collect longitudinal high school
1058	course enrollment data by student ethnicity in order to analyze
1059	course-taking patterns.
1060	(b)  For each year in which a student scores at Level l on
1061	FCAT Reading, the student must be enrolled in and complete an
1062	intensive reading course the following year. Placement of Level
1063	2 readers in either an intensive reading course or a content
1064	area course in which reading strategies are delivered shall be
1065	determined by diagnosis of reading needs. The department shall
1066	provide guidance on appropriate strategies for diagnosing and
1067	meeting the varying instructional needs of students reading
1068	below grade level. Reading courses shall be designed and offered
1069	pursuant to the comprehensive reading plan required by s.
1070	1011.62(8).
1071	(c)  For each year in which a student scores at Level 1 on
1072	FCAT Mathematics, the student must complete an intensive
1073	mathematics course the following year, which may be integrated
1074	into the student's required mathematics course. These courses
1075	are subject to approval by the department for inclusion in the
1076	Course Code Directory.
1077	(2)  Students in grade 6, grade 7, or grade 8 who are not
1078	enrolled in schools with a middle grades configuration are
1079	subject to the promotion requirements of this section.
1080	(3)  The State Board of Education may adopt rules pursuant
1081	to ss. 120.536(1) and 120.54 to implement the provisions of this
1082	section and may enforce the provisions of this section pursuant
1083	to s. 1008.32.
1084	Section 23.  Subsection (1) of section 1003.42, Florida
1085	Statutes, is amended to read:
1086	1003.42  Required instruction.--
1087	(1)  Each district school board shall provide all courses
1088	required for middle grades promotion, high school graduation,
1089	and appropriate instruction designed to ensure that all students
1090	have the opportunity to meet State Board of Education adopted
1091	standards in the following subject areas: reading and other
1092	language arts, mathematics, science, social studies, foreign
1093	languages, health and physical education, and the arts.
1094	Section 24.  Section 1003.428, Florida Statutes, is created
1095	to read:
1096	1003.428  General requirements for high school graduation;
1097	revised.--
1098	(1)  Except as otherwise authorized pursuant to s.
1099	1003.429, beginning with students entering their first year of
1100	high school in the 2007-2008 school year, graduation requires
1101	the successful completion of a minimum of 24 credits, an
1102	International Baccalaureate curriculum, or an Advanced
1103	International Certificate of Education curriculum. Students must
1104	be advised of eligibility requirements for state scholarship
1105	programs and postsecondary admissions.
1106	(2)  The 24 credits may be earned through applied,
1107	integrated, and combined courses approved by the Department of
1108	Education and shall be distributed as follows:
1109	(a)  Fourteen core curriculum credits:
1110	1.  Four credits in English, with major concentration in
1111	composition, reading for information, and literature.
1112	2.  Four credits in mathematics, one of which must be
1113	Algebra I, a series of courses equivalent to Algebra I, or a
1114	higher-level mathematics course. School districts are encouraged
1115	to set specific goals to increase enrollments in, and successful
1116	completion of, geometry and Algebra II.
1117	3.  Three credits in science, two of which must have a
1118	laboratory component.
1119	4.  Three credits in social studies as follows: one credit
1120	in American history; one credit in world history; one-half
1121	credit in economics; and one-half credit in American government.
1122	(b)  Ten credits in majors, minors, or electives:
1123	1.  Four credits in a major area of study, such as
1124	sequential courses in a career and technical program, fine and
1125	performing arts, or academic content area, selected by the
1126	student as part of the education plan required by s. 1003.4156.
1127	Students may revise majors each year as part of annual course
1128	registration processes and should update their education plan to
1129	reflect such revisions. Annually by October 1, the district
1130	school board shall approve major areas of study and submit the
1131	list of majors to the Commissioner of Education for approval.
1132	Each major shall be deemed approved unless specifically rejected
1133	by the commissioner within 60 days. Upon approval, each
1134	district's majors shall be available for use by all school
1135	districts and shall be posted on the department's website.
1136	2.  Six credits in elective courses selected by the student
1137	as part of the education plan required by s. 1003.4156. These
1138	credits may be combined to allow for a second major area of
1139	study pursuant to subparagraph 1., a minor area of study,
1140	elective courses, intensive reading or mathematics intervention
1141	courses, or credit recovery courses as described in this
1142	subparagraph.
1143	a.  Minor areas of study are composed of three credits
1144	selected by the student as part of the education plan required
1145	by s. 1003.4156 and approved by the district school board.
1146	b.  Elective courses are selected by the student in order
1147	to pursue a complete education program as described in s.
1148	1001.41(3) and to meet eligibility requirements for
1149	scholarships.
1150	c.  For each year in which a student scores at Level l on
1151	FCAT Reading, the student must be enrolled in and complete an
1152	intensive reading course the following year. Placement of Level
1153	2 readers in either an intensive reading course or a content
1154	area course in which reading strategies are delivered shall be
1155	determined by diagnosis of reading needs. The department shall
1156	provide guidance on appropriate strategies for diagnosing and
1157	meeting the varying instructional needs of students reading
1158	below grade level. Reading courses shall be designed and offered
1159	pursuant to the comprehensive reading plan required by s.
1160	1011.62(8).
1161	d.  For each year in which a student scores at Level 1 on
1162	FCAT Mathematics, the student must complete an intensive
1163	mathematics course the following year. These courses may be
1164	taught through applied, integrated, or combined courses and are
1165	subject to approval by the department for inclusion in the
1166	Course Code Directory.
1167	e.  Credit recovery courses shall be offered so that
1168	students can simultaneously earn an elective credit and the
1169	recovered credit.
1170	(3)(a)  A district school board may require specific
1171	courses and programs of study within the minimum credit
1172	requirements for high school graduation and shall modify basic
1173	courses, as necessary, to assure exceptional students the
1174	opportunity to meet the graduation requirements for a standard
1175	diploma, using one of the following strategies:
1176	1.  Assignment of the exceptional student to an exceptional
1177	education class for instruction in a basic course with the same
1178	student performance standards as those required of
1179	nonexceptional students in the district school board student
1180	progression plan; or
1181	2.  Assignment of the exceptional student to a basic
1182	education class for instruction that is modified to accommodate
1183	the student's exceptionality.
1184	(b)  The district school board shall determine which of
1185	these strategies to employ based upon an assessment of the
1186	student's needs and shall reflect this decision in the student's
1187	individual education plan.
1188	(4)  Each district school board shall establish standards
1189	for graduation from its schools, which must include:
1190	(a)  Successful completion of the academic credit or
1191	curriculum requirements of subsections (1) and (2).
1192	(b)  Earning passing scores on the FCAT, as defined in s.
1193	1008.22(3)(c), or scores on a standardized test that are
1194	concordant with passing scores on the FCAT as defined in s.
1195	1008.22(9).
1196	(c)  Completion of all other applicable requirements
1197	prescribed by the district school board pursuant to s. 1008.25.
1198	(d)  Achievement of a cumulative grade point average of 2.0
1199	on a 4.0 scale, or its equivalent, in the courses required by
1200	this section.
1201	(5)  The State Board of Education, after a public hearing
1202	and consideration, shall adopt rules based upon the
1203	recommendations of the commissioner for the provision of test
1204	accommodations and modifications of procedures as necessary for
1205	students with disabilities which will demonstrate the student's
1206	abilities rather than reflect the student's impaired sensory,
1207	manual, speaking, or psychological process skills.
1208	(6)  The public hearing and consideration required in
1209	subsection (5) shall not be construed to amend or nullify the
1210	requirements of security relating to the contents of
1211	examinations or assessment instruments and related materials or
1212	data as prescribed in s. 1008.23.
1213	(7)(a)  A student who meets all requirements prescribed in
1214	subsections (1), (2), (3), and(4) shall be awarded a standard
1215	diploma in a form prescribed by the State Board of Education.
1216	(b)  A student who completes the minimum number of credits
1217	and other requirements prescribed by subsections (1), (2), and
1218	(3), but who is unable to meet the standards of paragraph
1219	(4)(b), paragraph (4)(c), or paragraph (4)(d), shall be awarded
1220	a certificate of completion in a form prescribed by the State
1221	Board of Education. However, any student who is otherwise
1222	entitled to a certificate of completion may elect to remain in
1223	the secondary school either as a full-time student or a part-
1224	time student for up to 1 additional year and receive special
1225	instruction designed to remedy his or her identified
1226	deficiencies.
1227	(8)(a)  Each district school board must provide instruction
1228	to prepare students with disabilities to demonstrate proficiency
1229	in the skills and competencies necessary for successful grade-
1230	to-grade progression and high school graduation.
1231	(b)  A student with a disability, as defined in s.
1232	1007.02(2), for whom the individual education plan (IEP)
1233	committee determines that the FCAT cannot accurately measure the
1234	student's abilities taking into consideration all allowable
1235	accommodations, shall have the FCAT requirement of paragraph
1236	(4)(b) waived for the purpose of receiving a standard high
1237	school diploma, if the student:
1238	1.  Completes the minimum number of credits and other
1239	requirements prescribed by subsections (1), (2), and (3).
1240	2.  Does not meet the requirements of paragraph (4)(b)
1241	after one opportunity in 10th grade and one opportunity in 11th
1242	grade.
1243	(9)  The Commissioner of Education may award a standard
1244	high school diploma to honorably discharged veterans who started
1245	high school between 1937 and 1946 and were scheduled to graduate
1246	between 1941 and 1950 but were inducted into the United States
1247	Armed Forces between September 16, 1940, and December 31, 1946,
1248	prior to completing the necessary high school graduation
1249	requirements. Upon the recommendation of the commissioner, the
1250	State Board of Education may develop criteria and guidelines for
1251	awarding such diplomas.
1252	(10)  The Commissioner of Education may award a standard
1253	high school diploma to honorably discharged veterans who started
1254	high school between 1946 and 1950 and were scheduled to graduate
1255	between 1950 and 1954, but were inducted into the United States
1256	Armed Forces between June 27, 1950, and January 31, 1955, and
1257	served during the Korean Conflict prior to completing the
1258	necessary high school graduation requirements. Upon the
1259	recommendation of the commissioner, the State Board of Education
1260	may develop criteria and guidelines for awarding such diplomas.
1261	(11)  The State Board of Education may adopt rules pursuant
1262	to ss. 120.536(1) and 120.54 to implement the provisions of this
1263	section and may enforce the provisions of this section pursuant
1264	to s. 1008.32.
1265	Section 25.  Section 1003.437, Florida Statutes, is amended
1266	to read:
1267	1003.437  Middle and high school grading system.--The
1268	grading system and interpretation of letter grades used for
1269	students in public high schools in grades 6 through 12 shall be
1270	as follows:
1271	(1)  Grade "A" equals 90 percent through 100 percent, has a
1272	grade point average value of 4, and is defined as "outstanding
1273	progress."
1274	(2)  Grade "B" equals 80 percent through 89 percent, has a
1275	grade point average value of 3, and is defined as "above average
1276	progress."
1277	(3)  Grade "C" equals 70 percent through 79 percent, has a
1278	grade point average value of 2, and is defined as "average
1279	progress."
1280	(4)  Grade "D" equals 60 percent through 69 percent, has a
1281	grade point average value of 1, and is defined as "lowest
1282	acceptable progress."
1283	(5)  Grade "F" equals zero percent through 59 percent, has
1284	a grade point average value of zero, and is defined as
1285	"failure."
1286	(6)  Grade "I" equals zero percent, has a grade point
1287	average value of zero, and is defined as "incomplete."
1288
1289	For the purposes of class ranking for students in grades 9
1290	through 12, district school boards may exercise a weighted
1291	grading system.
1292	Section 26.  Subsections (3) and (4) of section 1003.492,
1293	Florida Statutes, are repealed.
1294	Section 27.  Section 1003.493, Florida Statutes, is created
1295	to read:
1296	1003.493  Career and professional academies.--
1297	(1)  A career and professional academy is a research-based
1298	program that integrates a rigorous academic curriculum with an
1299	industry-driven career curriculum. Career and professional
1300	academies may be offered by public schools, school districts, or
1301	the Florida Virtual School. Students completing career and
1302	professional academy programs receive a standard high school
1303	diploma, the highest available industry certification, and
1304	postsecondary credit if the academy partners with a
1305	postsecondary institution.
1306	(2)  The goals of career and professional academies are to:
1307	(a)  Increase student academic achievement and graduation
1308	rates through integrated academic and career curricula.
1309	(b)  Focus on career preparation through rigorous academics
1310	and industry certification.
1311	(c)  Raise student aspiration and commitment to academic
1312	achievement and work ethics.
1313	(d)  Support the revised graduation requirements pursuant
1314	to s. 1003.428 by providing creative, applied majors.
1315	(e)  Promote acceleration mechanisms, such as dual
1316	enrollment, articulated credit, or occupational completion
1317	points, so that students may earn postsecondary credit while in
1318	high school.
1319	(f)  Support the state's economy by meeting industry needs
1320	for skilled employees in high-demand occupations.
1321	(3)  A career and professional academy may be offered as
1322	one of the following small learning communities:
1323	(a)  A school-within-a-school career academy, as part of an
1324	existing high school, that provides courses in one occupational
1325	cluster. Students in the high school are not required to be
1326	students in the academy.
1327	(b)  A total school configuration providing multiple
1328	academies each structured around an occupational cluster. Every
1329	student in the school is in an academy.
1330	(4)  Each career and professional academy must:
1331	(a)  Provide a rigorous standards-based academic curriculum
1332	integrated with a career curriculum. The curriculum must take
1333	into consideration multiple styles of student learning; promote
1334	learning by doing through application and adaptation; maximize
1335	relevance of the subject matter; enhance each student's capacity
1336	to excel; and include an emphasis on work habits and work
1337	ethics.
1338	(b)  Include one or more partnerships with postsecondary
1339	institutions, businesses, industry, employers, economic
1340	development organizations, or other appropriate partners from
1341	the local community. Such partnerships must provide
1342	opportunities for:
1343	1.  Instruction from highly skilled professionals.
1344	2.  Internships, externships, and on-the-job training.
1345	3.  A postsecondary degree, diploma, or certificate.
1346	4.  The highest available level of industry certification.
1347	Where no national or state certification exists, school
1348	districts may establish a local certification in conjunction
1349	with the local workforce development board, the chamber of
1350	commerce, or the Agency for Workforce Innovation.
1351	5.  Maximum articulation of credits pursuant to s. 1007.23
1352	upon program completion.
1353	(c)  Provide creative and tailored student advisement,
1354	including parent participation and coordination with middle
1355	schools to provide career exploration and education planning as
1356	required under s. 1003.4156. Coordination with middle schools
1357	must provide information to middle school students about
1358	secondary and postsecondary career education programs and
1359	academies.
1360	(d)  Provide a career education certification on the high
1361	school diploma pursuant to s. 1003.431.
1362	(e)  Provide instruction in careers designated as high
1363	growth, high demand, and high pay by the local workforce
1364	development board, the chamber of commerce, or the Agency for
1365	Workforce Innovation.
1366	(f)  Deliver academic content through instruction relevant
1367	to the career, including intensive reading and mathematics
1368	intervention required by s. 1003.428, with an emphasis on
1369	strengthening reading for information skills.
1370	(g)  Provide instruction resulting in competency,
1371	certification, or credentials in workplace skills, including,
1372	but not limited to, communication skills, interpersonal skills,
1373	decisionmaking skills, the importance of attendance and
1374	timeliness in the work environment, and work ethics.
1375	(h)  Provide opportunities for students to obtain the
1376	Florida Ready to Work Certification pursuant to s. 1004.99.
1377	(i)  Include an evaluation plan developed jointly with the
1378	Department of Education. The evaluation plan must include a
1379	self-assessment tool based on standards, such as the Career
1380	Academy National Standards of Practice, and outcome measures
1381	including, but not limited to, graduation rates, enrollment in
1382	postsecondary education, business and industry satisfaction,
1383	employment and earnings, achievement of industry certification,
1384	awards of postsecondary credit, and FCAT achievement levels and
1385	learning gains.
1386	Section 28.  Paragraph (n) of subsection (2) of section
1387	1003.51, Florida Statutes, is amended to read:
1388	1003.51  Other public educational services.--
1389	(2)  The State Board of Education shall adopt and maintain
1390	an administrative rule articulating expectations for effective
1391	education programs for youth in Department of Juvenile Justice
1392	programs, including, but not limited to, education programs in
1393	juvenile justice commitment and detention facilities. The rule
1394	shall articulate policies and standards for education programs
1395	for youth in Department of Juvenile Justice programs and shall
1396	include the following:
1397	(n)  Performance expectations for providers and district
1398	school boards, including the provision of a progress monitoring
1399	an academic improvement plan as required in s. 1008.25.
1400	Section 29.  Subsection (7) of section 1003.52, Florida
1401	Statutes, is amended to read:
1402	1003.52  Educational services in Department of Juvenile
1403	Justice programs.--
1404	(7)  A progress monitoring An academic improvement plan
1405	shall be developed for students who score below the level
1406	specified in district school board policy in reading, writing,
1407	and mathematics or below the level specified by the Commissioner
1408	of Education on statewide assessments as required by s. 1008.25.
1409	These plans shall address academic, literacy, and life skills
1410	and shall include provisions for intensive remedial instruction
1411	in the areas of weakness.
1412	Section 30.  Section 1003.57, Florida Statutes, is amended
1413	to read:
1414	1003.57  Exceptional students instruction.--
1415	(1)  Each district school board shall provide for an
1416	appropriate program of special instruction, facilities, and
1417	services for exceptional students as prescribed by the State
1418	Board of Education as acceptable, including provisions that:
1419	(a)(1)  The district school board provide the necessary
1420	professional services for diagnosis and evaluation of
1421	exceptional students.
1422	(b)(2)  The district school board provide the special
1423	instruction, classes, and services, either within the district
1424	school system, in cooperation with other district school
1425	systems, or through contractual arrangements with approved
1426	private schools or community facilities that meet standards
1427	established by the commissioner.
1428	(c)(3)  The district school board annually provide
1429	information describing the Florida School for the Deaf and the
1430	Blind and all other programs and methods of instruction
1431	available to the parent of a sensory-impaired student.
1432	(d)(4)  The district school board, once every 3 years,
1433	submit to the department its proposed procedures for the
1434	provision of special instruction and services for exceptional
1435	students.
1436	(e)(5)  A No student may not be given special instruction
1437	or services as an exceptional student until after he or she has
1438	been properly evaluated, classified, and placed in the manner
1439	prescribed by rules of the State Board of Education. The parent
1440	of an exceptional student evaluated and placed or denied
1441	placement in a program of special education shall be notified of
1442	each such evaluation and placement or denial. Such notice shall
1443	contain a statement informing the parent that he or she is
1444	entitled to a due process hearing on the identification,
1445	evaluation, and placement, or lack thereof. Such hearings shall
1446	be exempt from the provisions of ss. 120.569, 120.57, and
1447	286.011, except to the extent that the State Board of Education
1448	adopts rules establishing other procedures and any records
1449	created as a result of such hearings shall be confidential and
1450	exempt from the provisions of s. 119.07(1). The hearing must be
1451	conducted by an administrative law judge from the Division of
1452	Administrative Hearings of the Department of Management
1453	Services. The decision of the administrative law judge shall be
1454	final, except that any party aggrieved by the finding and
1455	decision rendered by the administrative law judge shall have the
1456	right to bring a civil action in the circuit court. In such an
1457	action, the court shall receive the records of the
1458	administrative hearing and shall hear additional evidence at the
1459	request of either party. In the alternative, any party aggrieved
1460	by the finding and decision rendered by the administrative law
1461	judge shall have the right to request an impartial review of the
1462	administrative law judge's order by the district court of appeal
1463	as provided by s. 120.68. Notwithstanding any law to the
1464	contrary, during the pendency of any proceeding conducted
1465	pursuant to this section, unless the district school board and
1466	the parents otherwise agree, the student shall remain in his or
1467	her then-current educational assignment or, if applying for
1468	initial admission to a public school, shall be assigned, with
1469	the consent of the parents, in the public school program until
1470	all such proceedings have been completed.
1471	(f)(6)  In providing for the education of exceptional
1472	students, the district school superintendent, principals, and
1473	teachers shall utilize the regular school facilities and adapt
1474	them to the needs of exceptional students to the maximum extent
1475	appropriate. Segregation of exceptional students shall occur
1476	only if the nature or severity of the exceptionality is such
1477	that education in regular classes with the use of supplementary
1478	aids and services cannot be achieved satisfactorily.
1479	(g)(7)  In addition to the services agreed to in a
1480	student's individual education plan, the district school
1481	superintendent shall fully inform the parent of a student having
1482	a physical or developmental disability of all available services
1483	that are appropriate for the student's disability. The
1484	superintendent shall provide the student's parent with a summary
1485	of the student's rights.
1486	(2)(a)  An exceptional student with a disability who
1487	resides in a residential facility and receives special
1488	instruction or services is considered a resident of the state in
1489	which the student's parent is a resident. The cost of such
1490	instruction, facilities, and services for a nonresident student
1491	with a disability shall be provided by the placing authority in
1492	the student's state of residence, such as a public school
1493	entity, other placing authority, or parent. A nonresident
1494	student with a disability may not be reported by any school
1495	district for FTE funding in the Florida Education Finance
1496	Program.
1497	(b)  The Department of Education shall provide to each
1498	school district a statement of the specific limitations of the
1499	district's financial obligation for exceptional students with
1500	disabilities under federal and state law. The department shall
1501	also provide to each school district technical assistance as
1502	necessary for developing a local plan to impose on a student's
1503	home state the fiscal responsibility for educating a nonresident
1504	exceptional student with a disability.
1505	(c)  The Department of Education shall develop a process by
1506	which a school district must, before providing services to an
1507	exceptional student with a disability who resides in a
1508	residential facility in this state, review the residency of the
1509	student. The residential facility, not the district, is
1510	responsible for billing and collecting from a nonresidential
1511	student's home state payment for the student's educational and
1512	related services.
1513	(d)  This subsection applies to any nonresident student
1514	with a disability who resides in a residential facility and who
1515	receives instruction as an exceptional student with a disability
1516	in any type of residential facility in this state, including,
1517	but not limited to, a public school, a private school, a group
1518	home facility as defined in s. 393.063, an intensive residential
1519	treatment program for children and adolescents as defined in s.
1520	395.002, a facility as defined in s. 394.455, an intermediate
1521	care facility for the developmentally disabled or ICF/DD as
1522	defined in s. 393.063 or s. 400.960, or a community residential
1523	home as defined in s. 419.001.
1524	Section 31.  Section 1003.576, Florida Statutes, is created
1525	to read:
1526	1003.576  Individual education plans for exceptional
1527	students.--The Department of Education shall develop an
1528	individual education plan (IEP) form for use in developing and
1529	implementing individual education plans for exceptional
1530	students. The IEP form must be available electronically, include
1531	notice of testing accommodations pursuant to s. 1008.22(3), and
1532	have a streamlined format. To provide for the use of an existing
1533	IEP form when a student transfers from one school district to
1534	another, the IEP form developed by the department must be used
1535	in each school district in the state.
1536	Section 32.  Subsection (3) of section 1003.58, Florida
1537	Statutes, is amended to read:
1538	1003.58  Students in residential care facilities.--Each
1539	district school board shall provide educational programs
1540	according to rules of the State Board of Education to students
1541	who reside in residential care facilities operated by the
1542	Department of Children and Family Services.
1543	(3)  The district school board shall have full and complete
1544	authority in the matter of the assignment and placement of such
1545	students in educational programs. The parent of an exceptional
1546	student shall have the same due process rights as are provided
1547	under s. 1003.57(1)(e)(5).
1548
1549	Notwithstanding the provisions herein, the educational program
1550	at the Marianna Sunland Center in Jackson County shall be
1551	operated by the Department of Education, either directly or
1552	through grants or contractual agreements with other public or
1553	duly accredited educational agencies approved by the Department
1554	of Education.
1555	Section 33.  Paragraph (a) of subsection (1) and paragraph
1556	(a) of subsection (2) of section 1003.62, Florida Statutes, are
1557	amended to read:
1558	1003.62  Academic performance-based charter school
1559	districts.--The State Board of Education may enter into a
1560	performance contract with district school boards as authorized
1561	in this section for the purpose of establishing them as academic
1562	performance-based charter school districts. The purpose of this
1563	section is to examine a new relationship between the State Board
1564	of Education and district school boards that will produce
1565	significant improvements in student achievement, while complying
1566	with constitutional and statutory requirements assigned to each
1567	entity.
1568	(1)  ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL DISTRICT.--
1569	(a)  A school district shall be eligible for designation as
1570	an academic performance-based charter school district if it is a
1571	high-performing school district in which a minimum of 50 percent
1572	of the schools earn a performance grade of category "A" or "B"
1573	and in which no school earns a performance grade of category "D"
1574	or "F" for 2 consecutive years pursuant to s. 1008.34. Schools
1575	that receive a performance grade of category "I" or "N" shall
1576	not be included in this calculation. The performance contract
1577	for a school district that earns a charter based on school
1578	performance grades shall be predicated on maintenance of at
1579	least 50 percent of the schools in the school district earning a
1580	performance grade of category "A" or "B" with no school in the
1581	school district earning a performance grade of category "D" or
1582	"F" for 2 consecutive years. A school district in which the
1583	number of schools that earn a performance grade of "A" or "B" is
1584	less than 50 percent may have its charter renewed for 1 year;
1585	however, if the percentage of "A" or "B" schools is less than 50
1586	percent for 2 consecutive years, the charter shall not be
1587	renewed.
1588	(2)  EXEMPTION FROM STATUTES AND RULES.--
1589	(a)  An academic performance-based charter school district
1590	shall operate in accordance with its charter and shall be exempt
1591	from certain State Board of Education rules and statutes if the
1592	State Board of Education determines such an exemption will
1593	assist the district in maintaining or improving its high-
1594	performing status pursuant to paragraph (1)(a). However, the
1595	State Board of Education may not exempt an academic performance-
1596	based charter school district from any of the following
1597	statutes:
1598	1.  Those statutes pertaining to the provision of services
1599	to students with disabilities.
1600	2.  Those statutes pertaining to civil rights, including s.
1601	1000.05, relating to discrimination.
1602	3.  Those statutes pertaining to student health, safety,
1603	and welfare.
1604	4.  Those statutes governing the election or compensation
1605	of district school board members.
1606	5.  Those statutes pertaining to the student assessment
1607	program and the school grading system, including chapter 1008.
1608	6.  Those statutes pertaining to financial matters,
1609	including chapter 1010.
1610	7.  Those statutes pertaining to planning and budgeting,
1611	including chapter 1011, except that ss. 1011.64 and 1011.69
1612	shall be eligible for exemption.
1613	8.  Sections 1012.22(1)(c) and 1012.27(2), relating to
1614	performance-pay policies and differentiated pay for school
1615	administrators and instructional personnel. Professional service
1616	contracts shall be subject to the provisions of ss. 1012.33 and
1617	1012.34.
1618	9.  Those statutes pertaining to educational facilities,
1619	including chapter 1013, except as specified under contract with
1620	the State Board of Education. However, no contractual provision
1621	that could have the effect of requiring the appropriation of
1622	additional capital outlay funds to the academic performance-
1623	based charter school district shall be valid.
1624	Section 34.  Section 1004.99, Florida Statutes, is created
1625	to read:
1626	1004.99  Florida Ready to Work Certification Program.--
1627	(1)  There is created the Florida Ready to Work
1628	Certification Program to enhance the workplace skills of
1629	Florida's students to better prepare them for successful
1630	employment in specific occupations.
1631	(2)  The Florida Ready to Work Certification Program may be
1632	conducted in public middle and high schools, community colleges,
1633	technical centers, one-stop career centers, vocational
1634	rehabilitation centers, and Department of Juvenile Justice
1635	educational facilities. The program may be made available to
1636	other entities that provide job training. The Department of
1637	Education shall establish institutional readiness criteria for
1638	program implementation.
1639	(3)  The Florida Ready to Work Certification Program shall
1640	be composed of:
1641	(a)  A comprehensive identification of workplace skills for
1642	each occupation identified for inclusion in the program by the
1643	Agency for Workforce Innovation and the Department of Education.
1644	(b)  A preinstructional assessment that delineates the
1645	student's mastery level on the specific workplace skills
1646	identified for that occupation.
1647	(c)  A targeted instructional program limited to those
1648	identified workplace skills in which the student is not
1649	proficient as measured by the preinstructional assessment.
1650	Instruction must utilize a web-based program and be customized
1651	to meet identified specific needs of local employers.
1652	(d)  A certificate and portfolio awarded to students upon
1653	successful completion of the instruction. Each portfolio must
1654	delineate the skills demonstrated by the student as evidence of
1655	the student's preparation for employment.
1656	(4)  The State Board of Education, in consultation with the
1657	Agency for Workforce Innovation, may adopt rules pursuant to ss.
1658	120.536(1) and 120.54 to implement the provisions of this
1659	section.
1660	Section 35.  Subsection (4) of section 1006.09, Florida
1661	Statutes, is amended to read:
1662	1006.09  Duties of school principal relating to student
1663	discipline and school safety.--
1664	(4)  When a student has been the victim of a violent crime
1665	perpetrated by another student who attends the same school, the
1666	school principal shall make full and effective use of the
1667	provisions of subsection (2) and s. 1006.13(5). A school
1668	principal who fails to comply with this subsection shall be
1669	ineligible for any portion of the performance-pay performance
1670	pay policy incentive or the differentiated pay under s.
1671	1012.22(1)(c). However, if any party responsible for
1672	notification fails to properly notify the school, the school
1673	principal shall be eligible for the incentive or differentiated
1674	pay.
1675	Section 36.  Paragraph (c) of subsection (3) of section
1676	1007.2615, Florida Statutes, is amended to read:
1677	1007.2615  American Sign Language; findings; foreign-
1678	language credits authorized; teacher licensing.--
1679	(3)  DUTIES OF COMMISSIONER OF EDUCATION AND STATE BOARD OF
1680	EDUCATION; LICENSING OF AMERICAN SIGN LANGUAGE TEACHERS; PLAN
1681	FOR POSTSECONDARY EDUCATION PROVIDERS.--
1682	(c)  An ASL teacher must be certified by the Department of
1683	Education by July 1, 2009 January 1, 2008, and must obtain
1684	current certification through the Florida American Sign Language
1685	Teachers' Association (FASLTA) by January 1, 2006. New FASLTA
1686	certification may be used by current ASL teachers as an
1687	alternative certification track.
1688	Section 37.  Paragraph (f) of subsection (1), paragraphs
1689	(c) and (e) of subsection (3), and subsection (9) of section
1690	1008.22, Florida Statutes, are amended, paragraph (g) is added
1691	to subsection (3), subsection (10) is renumbered as subsection
1692	(11), and a new subsection (10) is added to that section, to
1693	read:
1694	1008.22  Student assessment program for public schools.--
1695	(1)  PURPOSE.--The primary purposes of the student
1696	assessment program are to provide information needed to improve
1697	the public schools by enhancing the learning gains of all
1698	students and to inform parents of the educational progress of
1699	their public school children. The program must be designed to:
1700	(f)  Provide information on the performance of Florida
1701	students compared with that of other students others across the
1702	United States.
1703	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
1704	design and implement a statewide program of educational
1705	assessment that provides information for the improvement of the
1706	operation and management of the public schools, including
1707	schools operating for the purpose of providing educational
1708	services to youth in Department of Juvenile Justice programs.
1709	The commissioner may enter into contracts for the continued
1710	administration of the assessment, testing, and evaluation
1711	programs authorized and funded by the Legislature. Contracts may
1712	be initiated in 1 fiscal year and continue into the next and may
1713	be paid from the appropriations of either or both fiscal years.
1714	The commissioner is authorized to negotiate for the sale or
1715	lease of tests, scoring protocols, test scoring services, and
1716	related materials developed pursuant to law. Pursuant to the
1717	statewide assessment program, the commissioner shall:
1718	(c)  Develop and implement a student achievement testing
1719	program known as the Florida Comprehensive Assessment Test
1720	(FCAT) as part of the statewide assessment program, to be
1721	administered annually in grades 3 through 10 to measure reading,
1722	writing, science, and mathematics. Other content areas may be
1723	included as directed by the commissioner. The assessment of
1724	reading and mathematics shall be administered annually in grades
1725	3 through 10. The assessment of writing and science shall be
1726	administered at least once at the elementary, middle, and high
1727	school levels. The commissioner must document the procedures
1728	that ensure that the versions of the FCAT taken by students
1729	retaking the grade 10 FCAT are as equally challenging and
1730	difficult as the tests taken by students in grade 10 that
1731	contain performance tasks. The testing program must be designed
1732	so that:
1733	1.  The tests measure student skills and competencies
1734	adopted by the State Board of Education as specified in
1735	paragraph (a). The tests must measure and report student
1736	proficiency levels of all students assessed in reading, writing,
1737	mathematics, and science. The commissioner shall provide for the
1738	tests to be developed or obtained, as appropriate, through
1739	contracts and project agreements with private vendors, public
1740	vendors, public agencies, postsecondary educational
1741	institutions, or school districts. The commissioner shall obtain
1742	input with respect to the design and implementation of the
1743	testing program from state educators, assistive technology
1744	experts, and the public.
1745	2.  The testing program will include a combination of norm-
1746	referenced and criterion-referenced tests and include, to the
1747	extent determined by the commissioner, questions that require
1748	the student to produce information or perform tasks in such a
1749	way that the skills and competencies he or she uses can be
1750	measured.
1751	3.  Each testing program, whether at the elementary,
1752	middle, or high school level, includes a test of writing in
1753	which students are required to produce writings that are then
1754	scored by appropriate and timely methods.
1755	4.  A score is designated for each subject area tested,
1756	below which score a student's performance is deemed inadequate.
1757	The school districts shall provide appropriate remedial
1758	instruction to students who score below these levels.
1759	5.  Except as provided in s. 1003.428(8)(b) or s.
1760	1003.43(11)(b), students must earn a passing score on the grade
1761	10 assessment test described in this paragraph or attain
1762	concordant scores on an alternate assessment as described in
1763	subsection (9) in reading, writing, and mathematics to qualify
1764	for a standard regular high school diploma. The State Board of
1765	Education shall designate a passing score for each part of the
1766	grade 10 assessment test. In establishing passing scores, the
1767	state board shall consider any possible negative impact of the
1768	test on minority students. All students who took the grade 10
1769	FCAT during the 2000-2001 school year shall be required to earn
1770	the passing scores in reading and mathematics established by the
1771	State Board of Education for the March 2001 test administration.
1772	Such students who did not earn the established passing scores
1773	and must repeat the grade 10 FCAT are required to earn the
1774	passing scores established for the March 2001 test
1775	administration. All students who take the grade 10 FCAT for the
1776	first time in March 2002 shall be required to earn the passing
1777	scores in reading and mathematics established by the State Board
1778	of Education for the March 2002 test administration. The State
1779	Board of Education shall adopt rules which specify the passing
1780	scores for the grade 10 FCAT. Any such rules, which have the
1781	effect of raising the required passing scores, shall only apply
1782	to students taking the grade 10 FCAT for the first time after
1783	such rules are adopted by the State Board of Education.
1784	6.  Participation in the testing program is mandatory for
1785	all students attending public school, including students served
1786	in Department of Juvenile Justice programs, except as otherwise
1787	prescribed by the commissioner. If a student does not
1788	participate in the statewide assessment, the district must
1789	notify the student's parent and provide the parent with
1790	information regarding the implications of such nonparticipation.
1791	If modifications are made in the student's instruction to
1792	provide accommodations that would not be permitted on the
1793	statewide assessment tests, the district must notify the
1794	student's parent of the implications of such instructional
1795	modifications. A parent must provide signed consent for a
1796	student to receive classroom instructional accommodations
1797	modifications that would not be available or permitted on the
1798	statewide assessments and must acknowledge in writing that he or
1799	she understands the implications of such instructional
1800	accommodations. The State Board of Education shall adopt rules,
1801	based upon recommendations of the commissioner, for the
1802	provision of test accommodations and modifications of procedures
1803	as necessary for students in exceptional education programs and
1804	for students who have limited English proficiency.
1805	Accommodations that negate the validity of a statewide
1806	assessment are not allowable in the administration of the FCAT.
1807	However, instructional accommodations are allowable in the
1808	classroom if included in a student's individual education plan.
1809	Students using instructional accommodations in the classroom
1810	that are not allowable as accommodations on the FCAT may have
1811	the FCAT requirement waived pursuant to the requirements of s.
1812	1003.428(8)(b) or s. 1003.43(11)(b).
1813	7.  A student seeking an adult high school diploma must
1814	meet the same testing requirements that a regular high school
1815	student must meet.
1816	8.  District school boards must provide instruction to
1817	prepare students to demonstrate proficiency in the skills and
1818	competencies necessary for successful grade-to-grade progression
1819	and high school graduation. If a student is provided with
1820	instructional accommodations in the classroom or modifications
1821	that are not allowable as accommodations in the statewide
1822	assessment program, as described in the test manuals, the
1823	district must inform the parent in writing and must provide the
1824	parent with information regarding the impact on the student's
1825	ability to meet expected proficiency levels in reading, writing,
1826	and math. The commissioner shall conduct studies as necessary to
1827	verify that the required skills and competencies are part of the
1828	district instructional programs.
1829	9.  District school boards must provide opportunities for
1830	students to demonstrate an acceptable level of performance on an
1831	alternative standardized assessment approved by the State Board
1832	of Education following enrollment in summer academies.
1833	10.9.  The Department of Education must develop, or select,
1834	and implement a common battery of assessment tools that will be
1835	used in all juvenile justice programs in the state. These tools
1836	must accurately measure the skills and competencies established
1837	in the Florida Sunshine State Standards.
1838	11.  For students seeking a special diploma pursuant to s.
1839	1003.438, the Department of Education must develop or select and
1840	implement an alternate assessment tool that accurately measures
1841	the skills and competencies established in the Sunshine State
1842	Standards for students with disabilities under s. 1003.438.
1843
1844	The commissioner may design and implement student testing
1845	programs, for any grade level and subject area, necessary to
1846	effectively monitor educational achievement in the state,
1847	including the measurement of educational achievement of the
1848	Sunshine State Standards for students with disabilities.
1849	Development and refinement of assessments shall include
1850	universal design principles and accessibility standards that
1851	will prevent any unintended obstacles for students with
1852	disabilities while ensuring the validity and reliability of the
1853	test. These principles should be applicable to all technology
1854	platforms and assistive devices available for the assessments.
1855	The field testing process and psychometric analyses for the
1856	statewide assessment program must include an appropriate
1857	percentage of students with disabilities and an evaluation or
1858	determination of the effect of test items on such students.
1859	(e)  Conduct ongoing research and analysis of student
1860	achievement data, including, without limitation, monitoring
1861	trends in student achievement by grade level and overall student
1862	achievement, identifying school programs that are successful,
1863	and analyzing correlates of school achievement.
1864	(g)  Study the cost and student achievement impact of
1865	secondary end-of-course assessments, including web-based and
1866	performance formats, and report to the Legislature prior to
1867	implementation.
1868	(9)  CONCORDANT SCORES FOR THE FCAT EQUIVALENCIES FOR
1869	STANDARDIZED TESTS.--
1870	(a)  The State Board of Education shall analyze the content
1871	and concordant data sets for widely used high school achievement
1872	tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,
1873	and College Placement Test, to assess if concordant scores for
1874	FCAT scores can be determined for high school graduation,
1875	college placement, and scholarship awards. In cases where
1876	content alignment and concordant scores can be determined, the
1877	Commissioner of Education shall adopt those scores as meeting
1878	the graduation requirement in lieu of achieving the FCAT passing
1879	score and may adopt those scores as being sufficient to achieve
1880	additional purposes as determined by rule. Each time that test
1881	content or scoring procedures are changed for the FCAT or one of
1882	the identified tests, new concordant scores must be determined.
1883	The Commissioner of Education shall approve the use of the SAT
1884	and ACT tests as alternative assessments to the grade 10 FCAT
1885	for the 2003-2004 school year.
1886	(b)  In order to use a concordant subject area score
1887	pursuant to this subsection to Students who attain scores on the
1888	SAT or ACT which equate to the passing scores on the grade 10
1889	FCAT for purposes of high school graduation shall satisfy the
1890	assessment requirement for a standard high school diploma as
1891	provided in s. 1003.429(6)(a), or s. 1003.43(5)(a), or s.
1892	1003.428, for the 2003-2004 school year if the students meet the
1893	requirement in paragraph (b).
1894	(b)  a student must shall be required to take each subject
1895	area of the grade 10 FCAT a total of three times without earning
1896	a passing score in order to use the scores on an alternative
1897	assessment pursuant to paragraph (a). The requirements of this
1898	paragraph This requirement shall not apply to a new student who
1899	enters the Florida is a new student to the public school system
1900	in grade 12, who may either achieve a passing score on the FCAT
1901	or use an approved subject area concordant score to fulfill the
1902	graduation requirement.
1903	(c)  The State Board of Education may define by rule the
1904	allowable uses, other than to satisfy the high school graduation
1905	requirement, for concordant scores as described in this
1906	subsection. Such uses may include, but need not be limited to,
1907	achieving appropriate standardized test scores required for the
1908	awarding of Florida Bright Futures Scholarships and college
1909	placement.
1910	(10)  REPORTS.--The Department of Education shall annually
1911	provide a report to the Governor, the President of the Senate,
1912	and the Speaker of the House of Representatives on the
1913	following:
1914	(a)  Longitudinal performance of students in mathematics
1915	and reading.
1916	(b)  Longitudinal performance of students by grade level in
1917	mathematics and reading.
1918	(c)  Longitudinal performance regarding efforts to close
1919	the achievement gap.
1920	(d)  Longitudinal performance of students on the norm-
1921	referenced component of the FCAT.
1922	(e)  Other student performance data based on national norm-
1923	referenced and criterion-referenced tests, when available, and
1924	numbers of students who after 8th grade enroll in adult
1925	education rather than other secondary education.
1926	Section 38.  Section 1008.221, Florida Statutes, is
1927	repealed.
1928	Section 39.  Paragraphs (b) and (c) of subsection (4),
1929	paragraphs (b) and (c) of subsection (6), paragraph (b) of
1930	subsection (7), and paragraph (b) of subsection (8) of section
1931	1008.25, Florida Statutes, are amended, and paragraph (c) is
1932	added to subsection (8) of that section, to read:
1933	1008.25  Public school student progression; remedial
1934	instruction; reporting requirements.--
1935	(4)  ASSESSMENT AND REMEDIATION.--
1936	(b)  The school in which the student is enrolled must
1937	develop, in consultation with the student's parent, and must
1938	implement a progress monitoring plan. A progress monitoring plan
1939	is intended to provide the school district and the school
1940	flexibility in meeting the academic needs of the student and to
1941	reduce paperwork. A student who is not meeting the school
1942	district or state requirements for proficiency shall be covered
1943	by one of the following plans to target instruction and identify
1944	ways to improve his or her academic achievement:
1945	1.  A federally required student plan such as an individual
1946	education plan;
1947	2.  A schoolwide system of progress monitoring for all
1948	students; or
1949	3.  An individualized progress monitoring plan.
1950
1951	The plan chosen must be an academic improvement plan designed to
1952	assist the student or the school in meeting state and district
1953	expectations for proficiency. For a student for whom a
1954	personalized middle school success plan is required pursuant to
1955	s. 1003.415, the middle school success plan must be incorporated
1956	in the student's academic improvement plan. Beginning with the
1957	2002-2003 school year, If the student has been identified as
1958	having a deficiency in reading, the academic improvement plan
1959	shall identify the student's specific areas of deficiency in
1960	phonemic awareness, phonics, fluency, comprehension, and
1961	vocabulary; the desired levels of performance in these areas;
1962	and the K-12 comprehensive reading plan required by s.
1963	1011.62(8) shall include instructional and support services to
1964	be provided to meet the desired levels of performance. District
1965	school boards may require low-performing students to attend
1966	remediation programs held before or after regular school hours
1967	or during the summer upon the request of the school principal.
1968	Schools shall also provide for the frequent monitoring of the
1969	student's progress in meeting the desired levels of performance.
1970	District school boards shall assist schools and teachers to
1971	implement research-based reading activities that have been shown
1972	to be successful in teaching reading to low-performing students.
1973	Remedial instruction provided during high school may not be in
1974	lieu of English and mathematics credits required for graduation.
1975	(c)  Upon subsequent evaluation, if the documented
1976	deficiency has not been remediated in accordance with the
1977	academic improvement plan, the student may be retained. Each
1978	student who does not meet the minimum performance expectations
1979	defined by the Commissioner of Education for the statewide
1980	assessment tests in reading, writing, science, and mathematics
1981	must continue to be provided with remedial or supplemental
1982	instruction until the expectations are met or the student
1983	graduates from high school or is not subject to compulsory
1984	school attendance.
1985	(6)  ELIMINATION OF SOCIAL PROMOTION.--
1986	(b)  The district school board may only exempt students
1987	from mandatory retention, as provided in paragraph (5)(b), for
1988	good cause. Good cause exemptions shall be limited to the
1989	following:
1990	1.  Limited English proficient students who have had less
1991	than 2 years of instruction in an English for Speakers of Other
1992	Languages program.
1993	2.  Students with disabilities whose individual education
1994	plan indicates that participation in the statewide assessment
1995	program is not appropriate, consistent with the requirements of
1996	State Board of Education rule.
1997	3.  Students who demonstrate an acceptable level of
1998	performance on an alternative standardized reading assessment
1999	approved by the State Board of Education.
2000	4.  Students who demonstrate, through a student portfolio,
2001	that the student is reading on grade level as evidenced by
2002	demonstration of mastery of the Sunshine State Standards in
2003	reading equal to at least a Level 2 performance on the FCAT.
2004	5.  Students with disabilities who participate in the FCAT
2005	and who have an individual education plan or a Section 504 plan
2006	that reflects that the student has received the intensive
2007	remediation in reading, as required by paragraph (4)(b), for
2008	more than 2 years but still demonstrates a deficiency in reading
2009	and was previously retained in kindergarten, grade 1, grade 2,
2010	or grade 3.
2011	6.  Students who have received the intensive remediation in
2012	reading as required by paragraph (4)(b) for 2 or more years but
2013	still demonstrate a deficiency in reading and who were
2014	previously retained in kindergarten, grade 1, grade 2, or grade
2015	3 for a total of 2 years. Intensive reading instruction for
2016	students so promoted must include an altered instructional day
2017	based upon an academic improvement plan that includes
2018	specialized diagnostic information and specific reading
2019	strategies for each student. The district school board shall
2020	assist schools and teachers to implement reading strategies that
2021	research has shown to be successful in improving reading among
2022	low-performing readers.
2023	(c)  Requests for good cause exemptions for students from
2024	the mandatory retention requirement as described in
2025	subparagraphs (b)3. and 4. shall be made consistent with the
2026	following:
2027	1.  Documentation shall be submitted from the student's
2028	teacher to the school principal that indicates that the
2029	promotion of the student is appropriate and is based upon the
2030	student's academic record. In order to minimize paperwork
2031	requirements, such documentation shall consist only of the
2032	existing progress monitoring academic improvement plan,
2033	individual educational plan, if applicable, report card, or
2034	student portfolio.
2035	2.  The school principal shall review and discuss such
2036	recommendation with the teacher and make the determination as to
2037	whether the student should be promoted or retained. If the
2038	school principal determines that the student should be promoted,
2039	the school principal shall make such recommendation in writing
2040	to the district school superintendent. The district school
2041	superintendent shall accept or reject the school principal's
2042	recommendation in writing.
2043	(7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.--
2044	(b)  Beginning with the 2004-2005 school year, each school
2045	district shall:
2046	1.  Conduct a review of student progress monitoring
2047	academic improvement plans for all students who did not score
2048	above Level 1 on the reading portion of the FCAT and did not
2049	meet the criteria for one of the good cause exemptions in
2050	paragraph (6)(b). The review shall address additional supports
2051	and services, as described in this subsection, needed to
2052	remediate the identified areas of reading deficiency. The school
2053	district shall require a student portfolio to be completed for
2054	each such student.
2055	2.  Provide students who are retained under the provisions
2056	of paragraph (5)(b) with intensive instructional services and
2057	supports to remediate the identified areas of reading
2058	deficiency, including a minimum of 90 minutes of daily,
2059	uninterrupted, scientifically research-based reading instruction
2060	and other strategies prescribed by the school district, which
2061	may include, but are not limited to:
2062	a.  Small group instruction.
2063	b.  Reduced teacher-student ratios.
2064	c.  More frequent progress monitoring.
2065	d.  Tutoring or mentoring.
2066	e.  Transition classes containing 3rd and 4th grade
2067	students.
2068	f.  Extended school day, week, or year.
2069	g.  Summer reading camps.
2070	3.  Provide written notification to the parent of any
2071	student who is retained under the provisions of paragraph (5)(b)
2072	that his or her child has not met the proficiency level required
2073	for promotion and the reasons the child is not eligible for a
2074	good cause exemption as provided in paragraph (6)(b). The
2075	notification must comply with the provisions of s. 1002.20(14)
2076	and must include a description of proposed interventions and
2077	supports that will be provided to the child to remediate the
2078	identified areas of reading deficiency.
2079	4.  Implement a policy for the midyear promotion of any
2080	student retained under the provisions of paragraph (5)(b) who
2081	can demonstrate that he or she is a successful and independent
2082	reader, reading at or above grade level, and ready to be
2083	promoted to grade 4. Tools that school districts may use in
2084	reevaluating any student retained may include subsequent
2085	assessments, alternative assessments, and portfolio reviews, in
2086	accordance with rules of the State Board of Education. Students
2087	promoted during the school year after November 1 must
2088	demonstrate proficiency above that required to score at Level 2
2089	on the grade 3 FCAT, as determined by the State Board of
2090	Education. The State Board of Education shall adopt standards
2091	that provide a reasonable expectation that the student's
2092	progress is sufficient to master appropriate 4th grade level
2093	reading skills.
2094	5.  Provide students who are retained under the provisions
2095	of paragraph (5)(b) with a high-performing teacher as determined
2096	by student performance data and above-satisfactory performance
2097	appraisals.
2098	6.  In addition to required reading enhancement and
2099	acceleration strategies, provide parents of students to be
2100	retained with at least one of the following instructional
2101	options:
2102	a.  Supplemental tutoring in scientifically research-based
2103	reading services in addition to the regular reading block,
2104	including tutoring before and/or after school.
2105	b.  A "Read at Home" plan outlined in a parental contract,
2106	including participation in "Families Building Better Readers
2107	Workshops" and regular parent-guided home reading.
2108	c.  A mentor or tutor with specialized reading training.
2109	7.  Establish a Reading Enhancement and Acceleration
2110	Development (READ) Initiative. The focus of the READ Initiative
2111	shall be to prevent the retention of grade 3 students and to
2112	offer intensive accelerated reading instruction to grade 3
2113	students who failed to meet standards for promotion to grade 4
2114	and to each K-3 student who is assessed as exhibiting a reading
2115	deficiency. The READ Initiative shall:
2116	a.  Be provided to all K-3 students at risk of retention as
2117	identified by the statewide assessment system used in Reading
2118	First schools. The assessment must measure phonemic awareness,
2119	phonics, fluency, vocabulary, and comprehension.
2120	b.  Be provided during regular school hours in addition to
2121	the regular reading instruction.
2122	c.  Provide a state-identified reading curriculum that has
2123	been reviewed by the Florida Center for Reading Research at
2124	Florida State University and meets, at a minimum, the following
2125	specifications:
2126	(I)  Assists students assessed as exhibiting a reading
2127	deficiency in developing the ability to read at grade level.
2128	(II)  Provides skill development in phonemic awareness,
2129	phonics, fluency, vocabulary, and comprehension.
2130	(III)  Provides scientifically based and reliable
2131	assessment.
2132	(IV)  Provides initial and ongoing analysis of each
2133	student's reading progress.
2134	(V)  Is implemented during regular school hours.
2135	(VI)  Provides a curriculum in core academic subjects to
2136	assist the student in maintaining or meeting proficiency levels
2137	for the appropriate grade in all academic subjects.
2138	8.  Establish at each school, where applicable, an
2139	Intensive Acceleration Class for retained grade 3 students who
2140	subsequently score at Level 1 on the reading portion of the
2141	FCAT. The focus of the Intensive Acceleration Class shall be to
2142	increase a child's reading level at least two grade levels in 1
2143	school year. The Intensive Acceleration Class shall:
2144	a.  Be provided to any student in grade 3 who scores at
2145	Level 1 on the reading portion of the FCAT and who was retained
2146	in grade 3 the prior year because of scoring at Level 1 on the
2147	reading portion of the FCAT.
2148	b.  Have a reduced teacher-student ratio.
2149	c.  Provide uninterrupted reading instruction for the
2150	majority of student contact time each day and incorporate
2151	opportunities to master the grade 4 Sunshine State Standards in
2152	other core subject areas.
2153	d.  Use a reading program that is scientifically research-
2154	based and has proven results in accelerating student reading
2155	achievement within the same school year.
2156	e.  Provide intensive language and vocabulary instruction
2157	using a scientifically research-based program, including use of
2158	a speech-language therapist.
2159	f.  Include weekly progress monitoring measures to ensure
2160	progress is being made.
2161	g.  Report to the Department of Education, in the manner
2162	described by the department, the progress of students in the
2163	class at the end of the first semester.
2164	9.  Report to the State Board of Education, as requested,
2165	on the specific intensive reading interventions and supports
2166	implemented at the school district level. The Commissioner of
2167	Education shall annually prescribe the required components of
2168	requested reports.
2169	10.  Provide a student who has been retained in grade 3 and
2170	has received intensive instructional services but is still not
2171	ready for grade promotion, as determined by the school district,
2172	the option of being placed in a transitional instructional
2173	setting. Such setting shall specifically be designed to produce
2174	learning gains sufficient to meet grade 4 performance standards
2175	while continuing to remediate the areas of reading deficiency.
2176	(8)  ANNUAL REPORT.--
2177	(b)  Beginning with the 2001-2002 school year, Each
2178	district school board must annually publish in the local
2179	newspaper, and report in writing to the State Board of Education
2180	by September 1 of each year, the following information on the
2181	prior school year:
2182	1.  The provisions of this section relating to public
2183	school student progression and the district school board's
2184	policies and procedures on student retention and promotion.
2185	2.  By grade, the number and percentage of all students in
2186	grades 3 through 10 performing at Levels 1 and 2 on the reading
2187	portion of the FCAT.
2188	3.  By grade, the number and percentage of all students
2189	retained in grades 3 through 10.
2190	4.  Information on the total number of students who were
2191	promoted for good cause, by each category of good cause as
2192	specified in paragraph (6)(b).
2193	5.  Any revisions to the district school board's policy on
2194	student retention and promotion from the prior year.
2195	(c)  The Department of Education shall establish a uniform
2196	format for school districts to report the information required
2197	in paragraph (b). The format shall be developed with input from
2198	district school boards and shall be provided not later than 90
2199	days prior to the annual due date. The department shall annually
2200	compile the information required in subparagraphs (b)2., 3., and
2201	4., along with state-level summary information, and report such
2202	information to the Governor, the President of the Senate, and
2203	the Speaker of the House of Representatives.
2204	Section 40.  Section 1008.301, Florida Statutes, is
2205	repealed.
2206	Section 41.  Paragraphs (d) and (e) of subsection (1),
2207	paragraphs (b) and (c) of subsection (2), and subsection (3) of
2208	section 1008.31, Florida Statutes, are amended, and subsection
2209	(4) is added to that section, to read:
2210	1008.31  Florida's K-20 education performance
2211	accountability system; legislative intent; performance-based
2212	funding; mission, goals, and systemwide measures; data quality
2213	improvements.--
2214	(1)  LEGISLATIVE INTENT.--It is the intent of the
2215	Legislature that:
2216	(d)  The State Board of Education and the Board of
2217	Governors of the State University System recommend to the
2218	Legislature systemwide performance standards; the Legislature
2219	establish systemwide performance measures and standards; and the
2220	systemwide measures and standards provide Floridians with
2221	information on what the public is receiving in return for the
2222	funds it invests in education and how well the K-20 system
2223	educates its students.
2224	(e)1.  The State Board of Education establish performance
2225	measures and set performance standards for individual components
2226	of the public education system, including individual schools and
2227	community colleges postsecondary educational institutions, with
2228	measures and standards based primarily on student achievement.
2229	2.  The Board of Governors of the State University System
2230	establish performance measures and set performance standards for
2231	individual state universities.
2232	(2)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--
2233	(b)  The process State Board of Education shall adopt
2234	guiding principles for establishing state and sector-specific
2235	standards and measures must be:
2236	1.  Focused on student success.
2237	2.  Addressable through policy and program changes.
2238	3.  Efficient and of high quality.
2239	4.  Measurable over time.
2240	5.  Simple to explain and display to the public.
2241	6.  Aligned with other measures and other sectors to
2242	support a coordinated K-20 education system.
2243	(c)  The Department State Board of Education shall maintain
2244	an accountability system that measures student progress toward
2245	the following goals:
2246	1.  Highest student achievement, as indicated by evidence
2247	of student learning gains at all levels measured by: student
2248	FCAT performance and annual learning gains; the number and
2249	percentage of schools that improve at least one school
2250	performance grade designation or maintain a school performance
2251	grade designation of "A" pursuant to s. 1008.34; graduation or
2252	completion rates at all learning levels; and other measures
2253	identified in law or rule.
2254	2.  Seamless articulation and maximum access, as measured
2255	by evidence of progression, readiness, and access by targeted
2256	groups of students identified by the Commissioner of Education:
2257	the percentage of students who demonstrate readiness for the
2258	educational level they are entering, from kindergarten through
2259	postsecondary education and into the workforce; the number and
2260	percentage of students needing remediation; the percentage of
2261	Floridians who complete associate, baccalaureate, graduate,
2262	professional, and postgraduate degrees; the number and
2263	percentage of credits that articulate; the extent to which each
2264	set of exit-point requirements matches the next set of entrance-
2265	point requirements; the degree to which underserved populations
2266	access educational opportunity; the extent to which access is
2267	provided through innovative educational delivery strategies; and
2268	other measures identified in law or rule.
2269	3.  Skilled workforce and economic development, as measured
2270	by evidence of employment and earnings: the number and
2271	percentage of graduates employed in their areas of preparation;
2272	the percentage of Floridians with high school diplomas and
2273	postsecondary education credentials; the percentage of business
2274	and community members who find that Florida's graduates possess
2275	the skills they need; national rankings; and other measures
2276	identified in law or rule.
2277	4.  Quality efficient services, as measured by evidence of
2278	return on investment: cost per completer or graduate; average
2279	cost per noncompleter at each educational level; cost disparity
2280	across institutions offering the same degrees; the percentage of
2281	education customers at each educational level who are satisfied
2282	with the education provided; and other measures identified in
2283	law or rule.
2284	5.  Other goals as identified by law or rule.
2285	(3)  K-20 EDUCATION DATA QUALITY IMPROVEMENTS SYSTEMWIDE
2286	DATA COLLECTION.--To provide data required to implement
2287	education performance accountability measures in state and
2288	federal law, the Commissioner of Education shall initiate and
2289	maintain strategies to improve data quality and timeliness. All
2290	data collected from state universities shall, as determined by
2291	the commissioner, be integrated into the K-20 data warehouse.
2292	The commissioner shall have unlimited access to such data solely
2293	for the purposes of conducting studies, reporting annual and
2294	longitudinal student outcomes, and improving college readiness
2295	and articulation. All public educational institutions shall
2296	provide data to the K-20 data warehouse in a format specified by
2297	the commissioner.
2298	(a)  School districts and public postsecondary educational
2299	institutions shall maintain information systems that will
2300	provide the State Board of Education, the Board of Governors of
2301	the State University System, and the Legislature with
2302	information and reports necessary to address the specifications
2303	of the accountability system. The State Board of Education shall
2304	determine the standards for the required data. The level of
2305	comprehensiveness and quality shall be no less than that which
2306	was available as of June 30, 2001.
2307	(b)  The Commissioner of Education shall determine the
2308	standards for the required data, monitor data quality, and
2309	measure improvements. The commissioner shall report annually to
2310	the State Board of Education, the Board of Governors of the
2311	State University System, the President of the Senate, and the
2312	Speaker of the House of Representatives data quality indicators
2313	and ratings for all school districts and public postsecondary
2314	educational institutions.
2315	(c)  Before establishing any new reporting or data
2316	collection requirements, the Commissioner of Education shall
2317	utilize existing data being collected to reduce duplication and
2318	minimize paperwork.
2319	(4)  RULES.--The State Board of Education shall adopt rules
2320	pursuant to ss. 120.536(1) and 120.54 to implement the
2321	provisions of this section relating to the K-20 data warehouse.
2322	Section 42.  Subsections (1), (2), and (4) of section
2323	1008.33, Florida Statutes, are amended to read:
2324	1008.33  Authority to enforce public school
2325	improvement.--It is the intent of the Legislature that all
2326	public schools be held accountable for students performing at
2327	acceptable levels. A system of school improvement and
2328	accountability that assesses student performance by school,
2329	identifies schools in which students are not making adequate
2330	progress toward state standards, institutes appropriate measures
2331	for enforcing improvement, and provides rewards and sanctions
2332	based on performance shall be the responsibility of the State
2333	Board of Education.
2334	(1)  Pursuant to Art. IX of the State Constitution
2335	prescribing the duty of the State Board of Education to
2336	supervise Florida's public school system and notwithstanding any
2337	other statutory provisions to the contrary, the State Board of
2338	Education shall intervene in the operation of a district school
2339	system when one or more schools in the school district have
2340	failed to make adequate progress for 2 school years in a 4-year
2341	period. For purposes of determining when a school is eligible
2342	for state board action and opportunity scholarships for its
2343	students, the terms "2 years in any 4-year period" and "2 years
2344	in a 4-year period" mean that in any year that a school has a
2345	grade of "F," the school is eligible for state board action and
2346	opportunity scholarships for its students if it also has had a
2347	grade of "F" in any of the previous 3 school years. The State
2348	Board of Education may determine that the school district or
2349	school has not taken steps sufficient for students in the school
2350	to be academically well served. Considering recommendations of
2351	the Commissioner of Education, the State Board of Education
2352	shall recommend action to a district school board intended to
2353	improve educational services to students in each school that is
2354	designated with a as performance grade of category "F."
2355	Recommendations for actions to be taken in the school district
2356	shall be made only after thorough consideration of the unique
2357	characteristics of a school, which shall include student
2358	mobility rates, the number and type of exceptional students
2359	enrolled in the school, and the availability of options for
2360	improved educational services. The state board shall adopt by
2361	rule steps to follow in this process. Such steps shall provide
2362	school districts sufficient time to improve student performance
2363	in schools and the opportunity to present evidence of assistance
2364	and interventions that the district school board has
2365	implemented.
2366	(2)  The State Board of Education may recommend one or more
2367	of the following actions to district school boards to enable
2368	students in schools designated with a as performance grade of
2369	category "F" to be academically well served by the public school
2370	system:
2371	(a)  Provide additional resources, change certain
2372	practices, and provide additional assistance if the state board
2373	determines the causes of inadequate progress to be related to
2374	school district policy or practice;
2375	(b)  Implement a plan that satisfactorily resolves the
2376	education equity problems in the school;
2377	(c)  Contract for the educational services of the school,
2378	or reorganize the school at the end of the school year under a
2379	new school principal who is authorized to hire new staff and
2380	implement a plan that addresses the causes of inadequate
2381	progress;
2382	(d)  Authorize the school principal to recommend corrective
2383	actions for low-performing faculty and staff as necessary to
2384	improve educational opportunities and the performance of
2385	students;
2386	(e)(d)  Allow parents of students in the school to send
2387	their children to another district school of their choice; or
2388	(f)(e)  Other action appropriate to improve the school's
2389	performance, including, if the school is a high school,
2390	requiring annual publication of the school's graduation rate
2391	calculated without GED tests for the past 3 years, disaggregated
2392	by student ethnicity.
2393	(4)  The State Board of Education may require the
2394	Department of Education or Chief Financial Officer to withhold
2395	any transfer of state funds to the school district if, within
2396	the timeframe specified in state board action, the school
2397	district has failed to comply with the action ordered to improve
2398	the district's low-performing schools. Withholding the transfer
2399	of funds shall occur only after all other recommended actions
2400	for school improvement have failed to improve performance. The
2401	State Board of Education may impose the same penalty on any
2402	district school board that fails to develop and implement a plan
2403	for assistance and intervention for low-performing schools as
2404	specified in s. 1001.42(16)(d)(c).
2405	Section 43.  Section 1008.34, Florida Statutes, is amended
2406	to read:
2407	1008.34  School grading system; school report cards;
2408	district performance grade.--
2409	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
2410	prepare annual reports of the results of the statewide
2411	assessment program which describe student achievement in the
2412	state, each district, and each school. The commissioner shall
2413	prescribe the design and content of these reports, which must
2414	include, without limitation, descriptions of the performance of
2415	all schools participating in the assessment program and all of
2416	their major student populations as determined by the
2417	Commissioner of Education, and must also include the median
2418	scores of all eligible students who scored at or in the lowest
2419	25th percentile of the state in the previous school year;
2420	provided, however, that the provisions of s. 1002.22 pertaining
2421	to student records apply to this section.
2422	(2)  SCHOOL GRADES PERFORMANCE GRADE CATEGORIES.--The
2423	annual report shall identify schools as having one of the
2424	following grades being in one of the following grade categories
2425	defined according to rules of the State Board of Education:
2426	(a)  "A," schools making excellent progress.
2427	(b)  "B," schools making above average progress.
2428	(c)  "C," schools making satisfactory progress.
2429	(d)  "D," schools making less than satisfactory progress.
2430	(e)  "F," schools failing to make adequate progress.
2431
2432	Each school designated with a in performance grade of category
2433	"A," making excellent progress, or having improved at least two
2434	performance grade levels categories, shall have greater
2435	authority over the allocation of the school's total budget
2436	generated from the FEFP, state categoricals, lottery funds,
2437	grants, and local funds, as specified in state board rule. The
2438	rule must provide that the increased budget authority shall
2439	remain in effect until the school's performance grade declines.
2440	(3)  DESIGNATION OF SCHOOL GRADES PERFORMANCE GRADE
2441	CATEGORIES.--A school that serves any combination of students in
2442	kindergarten through grade 3 that does not receive a school
2443	grade because its students are not tested and included in the
2444	school grading system shall receive the school grade designation
2445	of a feeder pattern school identified by the Department of
2446	Education and verified by the school district. A school feeder
2447	pattern exists if at least 60 percent of the students in the
2448	school serving a combination of students in kindergarten through
2449	grade 3 are scheduled to be assigned to the graded school.
2450	School grades performance grade category designations itemized
2451	in subsection (2) shall be based on the following:
2452	(a)  Criteria Timeframes.--A school's grade shall be based
2453	on a combination of:
2454	1.  Student achievement scores School performance grade
2455	category designations shall be based on the school's current
2456	year performance and the school's annual learning gains.
2457	2.  A school's performance grade category designation shall
2458	be based on a combination of student achievement scores, Student
2459	learning gains as measured by annual FCAT assessments in grades
2460	3 through 10. Learning gains for students seeking a special
2461	diploma, as measured by an alternate assessment tool, shall be
2462	included not later than the 2009-2010 school year., and
2463	3.  Improvement of the lowest 25th percentile of students
2464	in the school in reading, math, or writing on the FCAT, unless
2465	these students are exhibiting performing above satisfactory
2466	performance.
2467	(b)  Student assessment data.--Student assessment data used
2468	in determining school grades performance grade categories shall
2469	include:
2470	1.  The aggregate scores of all eligible students enrolled
2471	in the school who have been assessed on the FCAT.
2472	2.  The aggregate scores of all eligible students enrolled
2473	in the school who have been assessed on the FCAT, including
2474	Florida Writes, and who have scored at or in the lowest 25th
2475	percentile of students in the school in reading, math, or
2476	writing, unless these students are exhibiting performing above
2477	satisfactory performance.
2478
2479	The Department of Education shall study the effects of mobility
2480	on the performance of highly mobile students and recommend
2481	programs to improve the performance of such students. The State
2482	Board of Education shall adopt appropriate criteria for each
2483	school performance grade category. The criteria must also give
2484	added weight to student achievement in reading. Schools
2485	designated with a as performance grade of category "C," making
2486	satisfactory progress, shall be required to demonstrate that
2487	adequate progress has been made by students in the school who
2488	are in the lowest 25th percentile in reading, math, or writing
2489	on the FCAT, including Florida Writes, unless these students are
2490	exhibiting performing above satisfactory performance.
2491	(4)  SCHOOL GRADING FOR ALTERNATIVE SCHOOLS.--Alternative
2492	schools providing dropout prevention and academic intervention
2493	services may choose to receive a school grade pursuant to
2494	subsections (2) and (3) or an improvement rating pursuant to s.
2495	1008.341 according to the following requirements:
2496	(a)  If an alternative school chooses to be graded pursuant
2497	to this section, student performance data as identified in
2498	subsection (3) shall not be included in the home school's grade
2499	but shall only be included in calculation of the alternative
2500	school's grade unless the Commissioner of Education requires
2501	that the alternative school's student assessment data must be
2502	included in the home school's grade based on a finding of
2503	collusion to avoid the state's accountability system.
2504	(b)  If an alternative school chooses to receive an
2505	improvement rating pursuant to s. 1008.341, student performance
2506	data as identified in subsection (3) shall be included in the
2507	home school's grade, except for achievement scores and learning
2508	gains of students attending alternative schools who are subject
2509	to district school board policies for expulsion for repeated or
2510	serious offenses, in dropout retrieval programs serving students
2511	officially designated as dropouts, or in Department of Juvenile
2512	Justice operated and contracted programs.
2513
2514	For purposes of this section and s. 1008.341, "home school"
2515	means the school the student was attending when assigned to an
2516	alternative school or the school to which the student would be
2517	assigned if the student left the alternative school. School
2518	districts must require collaboration between the home school and
2519	the alternative school to promote student success.
2520	(5)(4)  SCHOOL IMPROVEMENT RATINGS.--The annual report
2521	shall identify each school's performance as having improved,
2522	remained the same, or declined. This school improvement rating
2523	shall be based on a comparison of the current year's and
2524	previous year's student and school performance data. Schools
2525	that improve at least one performance grade level category are
2526	eligible for school recognition awards pursuant to s. 1008.36.
2527	(6)(5)  SCHOOL REPORT CARD PERFORMANCE GRADE CATEGORY AND
2528	IMPROVEMENT RATING REPORTS.--The Department of Education shall
2529	annually develop, in collaboration with the district school
2530	boards, a school report card to be delivered to parents
2531	throughout each school district. The report card shall include
2532	the school's grade, information regarding school improvement, an
2533	explanation of school performance as evaluated by the federal No
2534	Child Left Behind Act of 2001, and indicators of return on
2535	investment. School performance grade category designations and
2536	improvement ratings shall apply to each school's performance for
2537	the year in which performance is measured. Each school's report
2538	card designation and rating shall be published annually by the
2539	department on its website, of Education and the school district
2540	shall provide the school report card to each parent. Parents
2541	shall be entitled to an easy-to-read report card about the
2542	designation and rating of the school in which their child is
2543	enrolled.
2544	(7)  PERFORMANCE-BASED FUNDING.--The Legislature may factor
2545	in the performance of schools in calculating any
2546	performance-based funding policy that is provided for annually
2547	in the General Appropriations Act.
2548	(8)  DISTRICT PERFORMANCE GRADE.--The annual report
2549	required by subsection (1) shall include district performance
2550	grades, which shall consist of weighted district average grades,
2551	by level, for all elementary schools, middle schools, and high
2552	schools in the district. A district's weighted average grade
2553	shall be calculated by weighting individual school grades
2554	determined pursuant to subsection (2) by school enrollment.
2555	(9)(6)  RULES.--The State Board of Education shall adopt
2556	rules pursuant to ss. 120.536(1) and 120.54 to implement the
2557	provisions of this section.
2558	Section 44.  Section 1008.341, Florida Statutes, is created
2559	to read:
2560	1008.341  School improvement rating for alternative
2561	schools.--
2562	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
2563	prepare an annual report on the performance of each school
2564	receiving a school improvement rating pursuant to this section
2565	provided that the provisions of s. 1002.22 pertaining to student
2566	records shall apply.
2567	(2)  SCHOOL IMPROVEMENT RATING.--Alternative schools that
2568	provide dropout prevention and academic intervention services
2569	may choose to receive a school improvement rating pursuant to
2570	this section in lieu of a school grade pursuant to s. 1008.34.
2571	The school improvement rating shall identify schools as having
2572	one of the following ratings defined according to rules of the
2573	State Board of Education:
2574	(a)  "Improving," schools with students making more
2575	academic progress than when the students were served in their
2576	home schools.
2577	(b)  "Maintaining," schools with students making progress
2578	equivalent to the progress made when the students were served in
2579	their home schools.
2580	(c)  "Declining," schools with students making less
2581	academic progress than when the students were served in their
2582	home schools.
2583
2584	The school improvement rating shall be based on a comparison of
2585	the current year and previous year student performance data.
2586	Schools that improve at least one level or maintain an
2587	"improving" rating pursuant to this section are eligible for
2588	school recognition awards pursuant to s. 1008.36.
2589	(3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student
2590	data used in determining an alternative school's school
2591	improvement rating shall include:
2592	(a)  The aggregate scores of all students who were assigned
2593	to and enrolled in the school during the October or February FTE
2594	count, who have been assessed on the FCAT, and who have FCAT or
2595	comparable scores for the preceding school year.
2596	(b)  The aggregate scores of all students who were assigned
2597	to and enrolled in the school during the October or February FTE
2598	count, who have been assessed on the FCAT, including Florida
2599	Writes, and who have scored in the lowest 25th percentile of
2600	students in the state on FCAT Reading.
2601	(4)  IDENTIFICATION OF STUDENT LEARNING GAINS.--For each
2602	alternative school receiving a school improvement rating, the
2603	Department of Education shall annually identify the percentage
2604	of students making learning gains as compared to the percentage
2605	of the same students making learning gains in their home schools
2606	in the year prior to being assigned to the alternative school.
2607	(5)  SCHOOL REPORT CARD.--The Department of Education shall
2608	annually develop, in collaboration with the school districts, a
2609	school report card for alternative schools to be delivered to
2610	parents throughout each school district. The report card shall
2611	include the school improvement rating, identification of student
2612	learning gains, information regarding school improvement, an
2613	explanation of school performance as evaluated by the federal No
2614	Child Left Behind Act of 2001, and indicators of return on
2615	investment.
2616	(6)  RULES.--The State Board of Education may adopt rules
2617	pursuant to ss. 120.536(1) and 120.54 to implement the
2618	provisions of this section.
2619	Section 45.  Subsection (5), paragraphs (b) and (d) of
2620	subsection (6), and subsection (7) of section 1008.345, Florida
2621	Statutes, are amended to read:
2622	1008.345  Implementation of state system of school
2623	improvement and education accountability.--
2624	(5)  The commissioner shall report to the Legislature and
2625	recommend changes in state policy necessary to foster school
2626	improvement and education accountability. Included in the report
2627	shall be a list of the schools, including schools operating for
2628	the purpose of providing educational services to youth in
2629	Department of Juvenile Justice programs, for which district
2630	school boards have developed assistance and intervention plans
2631	and an analysis of the various strategies used by the school
2632	boards. School reports shall be distributed pursuant to this
2633	subsection and s. 1001.42(16)(f)(e) and according to rules
2634	adopted by the State Board of Education.
2635	(6)
2636	(b)  Upon request, the department shall provide technical
2637	assistance and training to any school, including any school
2638	operating for the purpose of providing educational services to
2639	youth in Department of Juvenile Justice programs, school
2640	advisory council, district, or district school board for
2641	conducting needs assessments, developing and implementing school
2642	improvement plans, developing and implementing assistance and
2643	intervention plans, or implementing other components of school
2644	improvement and accountability. Priority for these services
2645	shall be given to schools designated with a as performance grade
2646	of category "D" or "F" and school districts in rural and
2647	sparsely populated areas of the state.
2648	(d)1.  The commissioner department shall assign a community
2649	assessment team to each school district or governing board with
2650	a school graded designated as performance grade category "D" or
2651	"F" or a school graded "D" for 2 years in a 4-year period to
2652	review the school performance data and determine causes for the
2653	low performance, including the role of school, area, and
2654	district administrative personnel. For a high school graded "F"
2655	or a high school graded "D" for 2 years in a 4-year period, the
2656	community assessment team shall review the school's graduation
2657	rate calculated without GED tests for the past 3 years,
2658	disaggregated by student ethnicity. The team shall make
2659	recommendations to the school board or the governing board, to
2660	the department, and to the State Board of Education for
2661	implementing an assistance and intervention plan that will
2662	address the causes of the school's low performance. The
2663	assessment team shall include, but not be limited to, a
2664	department representative, parents, business representatives,
2665	educators, and community activists, and shall represent the
2666	demographics of the community from which they are appointed.
2667	2.  Each school district or governing board that has a
2668	school designated with a grade of "F" for a second consecutive
2669	year after the community assessment team's recommendations to
2670	the school board or the governing board for implementing an
2671	assistance and intervention plan shall be subject to review and
2672	oversight by the Governor as a school district or governing
2673	board with a school in a state of educational emergency upon a
2674	finding and recommendation by the State Board of Education to
2675	the Governor that the school is a persistently failing school
2676	despite all attempts at rehabilitation.
2677	3.  For each school district or governing board with a
2678	school in a state of educational emergency, the Governor shall
2679	contact the district school board or the governing board to
2680	determine what actions have been taken by the district school
2681	board or the governing board to address the recommendations of
2682	the community assessment team and to resolve the educational
2683	emergency. The Governor shall determine whether the district
2684	school board or the governing board needs state assistance to
2685	resolve the educational emergency. If state assistance is
2686	needed, the Governor has the authority to implement measures as
2687	set forth in this subparagraph to assist the district school
2688	board or the governing board in resolving the educational
2689	emergency at the school. Such measures may include, but are not
2690	limited to:
2691	a.  Requiring the Governor's approval of the school
2692	district's budget or the governing board's budget for the
2693	school.
2694	b.  Authorizing a state loan and providing for its
2695	repayment by the district school board or the governing board.
2696	c.  Requiring the district school board or the governing
2697	board to reallocate funds as necessary until such time as the
2698	school district or the governing board no longer has a school in
2699	a state of educational emergency.
2700	d.  Making inspections and reviews of any records,
2701	information, reports, and assets of the school district or the
2702	governing board for the purpose of improving the school's
2703	performance. The appropriate school district or governing board
2704	officials shall cooperate in such inspections and reviews.
2705	e.  Consulting with officials and auditors of the school
2706	district or the governing board and the appropriate state
2707	officials regarding any steps necessary to bring the books of
2708	account, accounting systems, financial procedures, personnel,
2709	and personnel systems into compliance with state requirements
2710	for the purpose of improving the school's performance.
2711	f.  Providing technical assistance to the district school
2712	board or the governing board.
2713	g.  Establishing an educational emergency board to oversee
2714	the activities of the district school board or the governing
2715	board related to the school. If an educational emergency board
2716	is established, the Governor shall appoint board members and
2717	select a chair. The community assessment team shall serve in an
2718	advisory capacity to the educational emergency board. The
2719	educational emergency board shall adopt such rules as are
2720	necessary for conducting board business. The board may review
2721	all of the educational operations, including, but not limited
2722	to, graduation and dropout rates, personnel, management,
2723	efficiency, curriculum, instructional materials, productivity,
2724	and financing of functions and operations, of the school
2725	district or the governing board related to the school. The
2726	recommendations and reports made by the educational emergency
2727	board must be submitted to the Governor and the State Board of
2728	Education for appropriate action. Upon receipt of the
2729	educational emergency board's recommendations and report, the
2730	Governor and the State Board of Education shall require an
2731	action plan to implement the educational emergency board's
2732	recommendations, to be prepared by officials of the school
2733	district or the governing board in consultation with the
2734	appropriate state officials, so as to cause the school to no
2735	longer be in a state of educational emergency.
2736	4.  The Governor may terminate all state actions pursuant
2737	to this paragraph upon determination that the school is no
2738	longer in a state of educational emergency and the school
2739	district or the governing board is operating an effective
2740	educational system for its students.
2741	(7)(a)  Schools designated with a in performance grade of
2742	category "A," making excellent progress, shall, if requested by
2743	the school, be given deregulated status as specified in s.
2744	1003.63(5), (7), (8), (9), and (10).
2745	(b)  Schools that have improved at least two grades
2746	performance grade categories and that meet the criteria of the
2747	Florida School Recognition Program pursuant to s. 1008.36 may be
2748	given deregulated status as specified in s. 1003.63(5), (7),
2749	(8), (9), and (10).
2750	Section 46.  Subsections (3), (4), and (5) of section
2751	1008.36, Florida Statutes, are amended to read:
2752	1008.36  Florida School Recognition Program.--
2753	(3)  All public schools, including charter schools and
2754	feeder pattern schools, that receive a school grade pursuant to
2755	s. 1008.34 or a school improvement rating pursuant to s.
2756	1008.341 are eligible to participate in the program.
2757	(4)  All selected schools shall receive financial awards
2758	depending on the availability of funds appropriated and the
2759	number and size of schools selected to receive an award. Funds
2760	must be distributed to the school's fiscal agent and placed in
2761	the school's account and must be used for purposes listed in
2762	subsection (5) as determined by the staff and school advisory
2763	council pursuant to s. 1001.452 in the annual school improvement
2764	plan required under s. 1001.42(16)(a). If such a determination
2765	is not included in the school improvement plan at the time of
2766	its annual approval by the district school board, the school
2767	shall not be eligible to receive a financial award jointly by
2768	the school's staff and school advisory council. If school staff
2769	and the school advisory council cannot reach agreement by
2770	November 1, the awards must be equally distributed to all
2771	classroom teachers currently teaching in the school.
2772	(5)  School recognition awards must be used for the
2773	following:
2774	(a)  Nonrecurring bonuses to the faculty and staff who
2775	worked at the school during the year of improved performance and
2776	additional employees as determined in the school improvement
2777	plan;
2778	(b)  Nonrecurring expenditures for educational equipment,
2779	or materials, or student incentives to assist in maintaining and
2780	improving student performance; or
2781	(c)  Temporary personnel for the school to assist in
2782	maintaining and improving student performance.
2783
2784	Notwithstanding statutory provisions to the contrary, incentive
2785	awards are not subject to collective bargaining.
2786	Section 47.  Paragraphs (f), (h), (l), (m), and (n) of
2787	subsection (1) and paragraphs (a) and (b) of subsection (4) of
2788	section 1011.62, Florida Statutes, are amended, subsections (8)
2789	and (9) are renumbered as subsections (9) and (10),
2790	respectively, and amended, and a new subsection (8) is added to
2791	that section, to read:
2792	1011.62  Funds for operation of schools.--If the annual
2793	allocation from the Florida Education Finance Program to each
2794	district for operation of schools is not determined in the
2795	annual appropriations act or the substantive bill implementing
2796	the annual appropriations act, it shall be determined as
2797	follows:
2798	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
2799	OPERATION.--The following procedure shall be followed in
2800	determining the annual allocation to each district for
2801	operation:
2802	(f)  Supplemental academic instruction; categorical fund.--
2803	1.  There is created a categorical fund to provide
2804	supplemental academic instruction to students in kindergarten
2805	through grade 12. This paragraph may be cited as the
2806	"Supplemental Academic Instruction Categorical Fund."
2807	2.  Categorical funds for supplemental academic instruction
2808	shall be allocated annually to each school district in the
2809	amount provided in the General Appropriations Act. These funds
2810	shall be in addition to the funds appropriated on the basis of
2811	FTE student membership in the Florida Education Finance Program
2812	and shall be included in the total potential funds of each
2813	district. These funds shall be used to provide supplemental
2814	academic instruction to students enrolled in the K-12 program.
2815	Supplemental instruction strategies may include, but are not
2816	limited to: modified curriculum, reading instruction, after-
2817	school instruction, tutoring, mentoring, class size reduction,
2818	extended school year, intensive skills development in summer
2819	school, and other methods for improving student achievement.
2820	Supplemental instruction may be provided to a student in any
2821	manner and at any time during or beyond the regular 180-day term
2822	identified by the school as being the most effective and
2823	efficient way to best help that student progress from grade to
2824	grade and to graduate.
2825	3.  Effective with the 1999-2000 fiscal year, funding on
2826	the basis of FTE membership beyond the 180-day regular term
2827	shall be provided in the FEFP only for students enrolled in
2828	juvenile justice education programs or in an education program
2829	for juveniles under s. 985.223. Funding for instruction beyond
2830	the regular 180-day school year for all other K-12 students
2831	shall be provided through the supplemental academic instruction
2832	categorical fund and other state, federal, and local fund
2833	sources with ample flexibility for schools to provide
2834	supplemental instruction to assist students in progressing from
2835	grade to grade and graduating.
2836	4.  The Florida State University School, as a lab school,
2837	is authorized to expend from its FEFP or Lottery Enhancement
2838	Trust Fund allocation the cost to the student of remediation in
2839	reading, writing, or mathematics for any graduate who requires
2840	remediation at a postsecondary educational institution.
2841	5.  Beginning in the 1999-2000 school year, dropout
2842	prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
2843	(b), and (c), and 1003.54 shall be included in group 1 programs
2844	under subparagraph (d)3.
2845	(h)  Small, isolated high schools.--Districts which levy
2846	the maximum nonvoted discretionary millage, exclusive of millage
2847	for capital outlay purposes levied pursuant to s. 1011.71(2),
2848	may calculate full-time equivalent students for small, isolated
2849	high schools by multiplying the number of unweighted full-time
2850	equivalent students times 2.75; provided the school has attained
2851	a state accountability performance grade category of "C" or
2852	better, pursuant to s. 1008.34, for the previous school year.
2853	For the purpose of this section, the term "small, isolated high
2854	school" means any high school which is located no less than 28
2855	miles by the shortest route from another high school; which has
2856	been serving students primarily in basic studies provided by
2857	sub-subparagraphs (c)1.b. and c. and may include subparagraph
2858	(c)4.; and which has a membership of no more than 100 students,
2859	but no fewer than 28 students, in grades 9 through 12.
2860	(l)  Calculation of additional full-time equivalent
2861	membership based on international baccalaureate examination
2862	scores of students.--A value of 0.24 full-time equivalent
2863	student membership shall be calculated for each student enrolled
2864	in an international baccalaureate course who receives a score of
2865	4 or higher on a subject examination. A value of 0.3 full-time
2866	equivalent student membership shall be calculated for each
2867	student who receives an international baccalaureate diploma.
2868	Such value shall be added to the total full-time equivalent
2869	student membership in basic programs for grades 9 through 12 in
2870	the subsequent fiscal year. The school district shall distribute
2871	to each classroom teacher who provided international
2872	baccalaureate instruction:
2873	1.  A bonus in the amount of $50 for each student taught by
2874	the International Baccalaureate teacher in each international
2875	baccalaureate course who receives a score of 4 or higher on the
2876	international baccalaureate examination.
2877	2.  An additional bonus of $500 to each International
2878	Baccalaureate teacher in a school designated with a performance
2879	grade of category "D" or "F" who has at least one student
2880	scoring 4 or higher on the international baccalaureate
2881	examination, regardless of the number of classes taught or of
2882	the number of students scoring a 4 or higher on the
2883	international baccalaureate examination.
2884
2885	Bonuses awarded to a teacher according to this paragraph shall
2886	not exceed $2,000 in any given school year and shall be in
2887	addition to any regular wage or other bonus the teacher received
2888	or is scheduled to receive.
2889	(m)  Calculation of additional full-time equivalent
2890	membership based on Advanced International Certificate of
2891	Education examination scores of students.--A value of 0.24 full-
2892	full-time equivalent student membership shall be calculated for
2893	each student enrolled in a full-credit Advanced International
2894	Certificate of Education course who receives a score of E or
2895	higher on a subject examination. A value of 0.12 full-time
2896	equivalent student membership shall be calculated for each
2897	student enrolled in a half-credit Advanced International
2898	Certificate of Education course who receives a score of E or
2899	higher on a subject examination. A value of 0.3 full-time
2900	equivalent student membership shall be calculated for each
2901	student who receives an Advanced International Certificate of
2902	Education diploma. Such value shall be added to the total full-
2903	time equivalent student membership in basic programs for grades
2904	9 through 12 in the subsequent fiscal year. The school district
2905	shall distribute to each classroom teacher who provided Advanced
2906	International Certificate of Education instruction:
2907	1.  A bonus in the amount of $50 for each student taught by
2908	the Advanced International Certificate of Education teacher in
2909	each full-credit Advanced International Certificate of Education
2910	course who receives a score of E or higher on the Advanced
2911	International Certificate of Education examination. A bonus in
2912	the amount of $25 for each student taught by the Advanced
2913	International Certificate of Education teacher in each half-
2914	credit Advanced International Certificate of Education course
2915	who receives a score of E or higher on the Advanced
2916	International Certificate of Education examination.
2917	2.  An additional bonus of $500 to each Advanced
2918	International Certificate of Education teacher in a school
2919	designated with a performance grade of category "D" or "F" who
2920	has at least one student scoring E or higher on the full-credit
2921	Advanced International Certificate of Education examination,
2922	regardless of the number of classes taught or of the number of
2923	students scoring an E or higher on the full-credit Advanced
2924	International Certificate of Education examination.
2925	3.  Additional bonuses of $250 each to teachers of half-
2926	credit Advanced International Certificate of Education classes
2927	in a school designated with a performance grade of category "D"
2928	or "F" which has at least one student scoring an E or higher on
2929	the half-credit Advanced International Certificate of Education
2930	examination in that class. The maximum additional bonus for a
2931	teacher awarded in accordance with this subparagraph shall not
2932	exceed $500 in any given school year. Teachers receiving an
2933	award under subparagraph 2. are not eligible for a bonus under
2934	this subparagraph.
2935
2936	Bonuses awarded to a teacher according to this paragraph shall
2937	not exceed $2,000 in any given school year and shall be in
2938	addition to any regular wage or other bonus the teacher received
2939	or is scheduled to receive.
2940	(n)  Calculation of additional full-time equivalent
2941	membership based on college board advanced placement scores of
2942	students.--A value of 0.24 full-time equivalent student
2943	membership shall be calculated for each student in each advanced
2944	placement course who receives a score of 3 or higher on the
2945	College Board Advanced Placement Examination for the prior year
2946	and added to the total full-time equivalent student membership
2947	in basic programs for grades 9 through 12 in the subsequent
2948	fiscal year. Each district must allocate at least 80 percent of
2949	the funds provided to the district for advanced placement
2950	instruction, in accordance with this paragraph, to the high
2951	school that generates the funds. The school district shall
2952	distribute to each classroom teacher who provided advanced
2953	placement instruction:
2954	1.  A bonus in the amount of $50 for each student taught by
2955	the Advanced Placement teacher in each advanced placement course
2956	who receives a score of 3 or higher on the College Board
2957	Advanced Placement Examination.
2958	2.  An additional bonus of $500 to each Advanced Placement
2959	teacher in a school designated with a performance grade of
2960	category "D" or "F" who has at least one student scoring 3 or
2961	higher on the College Board Advanced Placement Examination,
2962	regardless of the number of classes taught or of the number of
2963	students scoring a 3 or higher on the College Board Advanced
2964	Placement Examination.
2965
2966	Bonuses awarded to a teacher according to this paragraph shall
2967	not exceed $2,000 in any given school year and shall be in
2968	addition to any regular wage or other bonus the teacher received
2969	or is scheduled to receive.
2970	(4)  COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The
2971	Legislature shall prescribe the aggregate required local effort
2972	for all school districts collectively as an item in the General
2973	Appropriations Act for each fiscal year. The amount that each
2974	district shall provide annually toward the cost of the Florida
2975	Education Finance Program for kindergarten through grade 12
2976	programs shall be calculated as follows:
2977	(a)  Estimated taxable value calculations.--
2978	1.a.  Not later than 2 working days prior to July 19, the
2979	Department of Revenue shall certify to the Commissioner of
2980	Education its most recent estimate of the taxable value for
2981	school purposes in each school district and the total for all
2982	school districts in the state for the current calendar year
2983	based on the latest available data obtained from the local
2984	property appraisers. Not later than July 19, the Commissioner of
2985	Education shall compute a millage rate, rounded to the next
2986	highest one one-thousandth of a mill, which, when applied to 95
2987	percent of the estimated state total taxable value for school
2988	purposes, would generate the prescribed aggregate required local
2989	effort for that year for all districts. The Commissioner of
2990	Education shall certify to each district school board the
2991	millage rate, computed as prescribed in this subparagraph, as
2992	the minimum millage rate necessary to provide the district
2993	required local effort for that year.
2994	b.  The General Appropriations Act shall direct the
2995	computation of the statewide adjusted aggregate amount for
2996	required local effort for all school districts collectively from
2997	ad valorem taxes to ensure that no school district's revenue
2998	from required local effort millage will produce more than 90
2999	percent of the district's total Florida Education Finance
3000	Program calculation, and the adjustment of the required local
3001	effort millage rate of each district that produces more than 90
3002	percent of its total Florida Education Finance Program
3003	entitlement to a level that will produce only 90 percent of its
3004	total Florida Education Finance Program entitlement in the July
3005	calculation.
3006	2.  As revised data are received from property appraisers,
3007	the Department of Revenue shall amend the certification of the
3008	estimate of the taxable value for school purposes. The
3009	Commissioner of Education, in administering the provisions of
3010	subparagraph (10)(9)(a)2., shall use the most recent taxable
3011	value for the appropriate year.
3012	(b)  Final calculation.--
3013	1.  The Department of Revenue shall, upon receipt of the
3014	official final assessed value of property from each of the
3015	property appraisers, certify to the Commissioner of Education
3016	the taxable value total for school purposes in each school
3017	district, subject to the provisions of paragraph (d). The
3018	commissioner shall use the official final taxable value for
3019	school purposes for each school district in the final
3020	calculation of the annual Florida Education Finance Program
3021	allocations.
3022	2.  For the purposes of this paragraph, the official final
3023	taxable value for school purposes shall be the taxable value for
3024	school purposes on which the tax bills are computed and mailed
3025	to the taxpayers, adjusted to reflect final administrative
3026	actions of value adjustment boards and judicial decisions
3027	pursuant to part I of chapter 194. By September 1 of each year,
3028	the Department of Revenue shall certify to the commissioner the
3029	official prior year final taxable value for school purposes. For
3030	each county that has not submitted a revised tax roll reflecting
3031	final value adjustment board actions and final judicial
3032	decisions, the Department of Revenue shall certify the most
3033	recent revision of the official taxable value for school
3034	purposes. The certified value shall be the final taxable value
3035	for school purposes, and no further adjustments shall be made,
3036	except those made pursuant to subparagraph (10)(9)(a)2.
3037	(8)  RESEARCH-BASED READING INSTRUCTION ALLOCATION.--
3038	(a)  The research-based reading instruction allocation is
3039	created to provide comprehensive reading instruction to students
3040	in kindergarten through grade 12.
3041	(b)  Funds for comprehensive, research-based reading
3042	instruction shall be allocated annually to each school district
3043	in the amount provided in the General Appropriations Act. Each
3044	eligible school district shall receive the same minimum amount
3045	as specified in the General Appropriations Act, and any
3046	remaining funds shall be distributed to eligible school
3047	districts based on each school district's proportionate share of
3048	K-12 base funding.
3049	(c)  Funds must be used to provide a system of
3050	comprehensive reading instruction to students enrolled in the K-
3051	12 programs, which may include the following:
3052	1.  The provision of highly qualified reading coaches.
3053	2.  Professional development for school district teachers
3054	and administrators in scientifically based reading instruction.
3055	3.  The provision of summer reading camps for students who
3056	score at Level 1 on FCAT Reading.
3057	4.  The provision of supplemental instructional materials
3058	that are grounded in scientifically based reading research and
3059	comprehensive training in their use for which teachers shall
3060	receive inservice credit.
3061	5.  The provision of intensive interventions for middle and
3062	high school students reading below grade level.
3063	(d)  Annually, by a date determined by the Department of
3064	Education but before May 1, school districts shall submit a K-12
3065	comprehensive reading plan for the specific use of the research-
3066	based reading instruction allocation in the format prescribed by
3067	the department for review and approval by the Just Read,
3068	Florida! Office created pursuant to s. 1001.215. The plan
3069	annually submitted by school districts shall be deemed approved
3070	unless the department rejects the plan on or before June 1. If a
3071	school district and the Just Read, Florida! Office cannot reach
3072	agreement on the contents of the plan, the school district may
3073	appeal to the State Board of Education for resolution. High-
3074	performing school districts shall be allowed reasonable
3075	flexibility in designing their plans and shall be encouraged to
3076	offer reading intervention through innovative methods. The plan
3077	format shall be developed with input from school district
3078	personnel, including teachers and principals. The plan must
3079	emphasize reading for information at the secondary level and
3080	allow reading intervention through content courses in core,
3081	career, and alternative programs. No later than July 1 annually,
3082	the department shall release the school district's allocation of
3083	appropriated funds to those districts with approved plans. A
3084	school district that spends 100 percent of this allocation on
3085	its approved plan shall be deemed to have been in compliance
3086	with the plan. The department may withhold funds upon a
3087	determination that reading instruction allocation funds are not
3088	being used to implement the approved plan.
3089	(9)(8)  QUALITY ASSURANCE GUARANTEE.--The Legislature may
3090	annually in the General Appropriations Act determine a
3091	percentage increase in funds per K-12 unweighted FTE as a
3092	minimum guarantee to each school district. The guarantee shall
3093	be calculated from prior year base funding per unweighted FTE
3094	student which shall include the adjusted FTE dollars as provided
3095	in subsection (10)(9), quality guarantee funds, and actual
3096	nonvoted discretionary local effort from taxes. From the base
3097	funding per unweighted FTE, the increase shall be calculated for
3098	the current year. The current year funds from which the
3099	guarantee shall be determined shall include the adjusted FTE
3100	dollars as provided in subsection (10)(9) and potential nonvoted
3101	discretionary local effort from taxes. A comparison of current
3102	year funds per unweighted FTE to prior year funds per unweighted
3103	FTE shall be computed. For those school districts which have
3104	less than the legislatively assigned percentage increase, funds
3105	shall be provided to guarantee the assigned percentage increase
3106	in funds per unweighted FTE student. Should appropriated funds
3107	be less than the sum of this calculated amount for all
3108	districts, the commissioner shall prorate each district's
3109	allocation. This provision shall be implemented to the extent
3110	specifically funded.
3111	(10)(9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT
3112	FOR CURRENT OPERATION.--The total annual state allocation to
3113	each district for current operation for the FEFP shall be
3114	distributed periodically in the manner prescribed in the General
3115	Appropriations Act.
3116	(a)  The basic amount for current operation for the FEFP as
3117	determined in subsection (1), multiplied by the district cost
3118	differential factor as determined in subsection (2), plus the
3119	amounts provided for categorical components within the FEFP,
3120	plus the amount for the sparsity supplement as determined in
3121	subsection (6), the decline in full-time equivalent students as
3122	determined in subsection (7), the research-based reading
3123	instruction allocation as determined in subsection (8), and the
3124	quality assurance guarantee as determined in subsection (9)(8),
3125	less the required local effort as determined in subsection (4).
3126	If the funds appropriated for the purpose of funding the total
3127	amount for current operation as provided in this paragraph are
3128	not sufficient to pay the state requirement in full, the
3129	department shall prorate the available state funds to each
3130	district in the following manner:
3131	1.  Determine the percentage of proration by dividing the
3132	sum of the total amount for current operation, as provided in
3133	this paragraph for all districts collectively, and the total
3134	district required local effort into the sum of the state funds
3135	available for current operation and the total district required
3136	local effort.
3137	2.  Multiply the percentage so determined by the sum of the
3138	total amount for current operation as provided in this paragraph
3139	and the required local effort for each individual district.
3140	3.  From the product of such multiplication, subtract the
3141	required local effort of each district; and the remainder shall
3142	be the amount of state funds allocated to the district for
3143	current operation.
3144	(b)  The amount thus obtained shall be the net annual
3145	allocation to each school district. However, if it is determined
3146	that any school district received an underallocation or
3147	overallocation for any prior year because of an arithmetical
3148	error, assessment roll change, full-time equivalent student
3149	membership error, or any allocation error revealed in an audit
3150	report, the allocation to that district shall be appropriately
3151	adjusted. Beginning with audits for the 2001-2002 fiscal year,
3152	if the adjustment is the result of an audit finding in which
3153	group 2 FTE are reclassified to the basic program and the
3154	district weighted FTE are over the weighted enrollment ceiling
3155	for group 2 programs, the adjustment shall not result in a gain
3156	of state funds to the district. If the Department of Education
3157	audit adjustment recommendation is based upon controverted
3158	findings of fact, the Commissioner of Education is authorized to
3159	establish the amount of the adjustment based on the best
3160	interests of the state.
3161	(c)  The amount thus obtained shall represent the net
3162	annual state allocation to each district; however,
3163	notwithstanding any of the provisions herein, each district
3164	shall be guaranteed a minimum level of funding in the amount and
3165	manner prescribed in the General Appropriations Act.
3166	Section 48.  Paragraph (a) of subsection (2) of section
3167	1011.64, Florida Statutes, is amended to read:
3168	1011.64  School district minimum classroom expenditure
3169	requirements.--
3170	(2)  For the purpose of implementing the provisions of this
3171	section, the Legislature shall prescribe minimum academic
3172	performance standards and minimum classroom expenditure
3173	requirements for districts not meeting such minimum academic
3174	performance standards in the General Appropriations Act.
3175	(a)  Minimum academic performance standards may be based
3176	on, but are not limited to, district performance grades
3177	determined pursuant to s. 1008.34(7)(8).
3178	Section 49.  Section 1011.67, Florida Statutes, is amended
3179	to read:
3180	1011.67  Funds for instructional materials.--
3181	(1)  The department is authorized to allocate and
3182	distribute to each district an amount as prescribed annually by
3183	the Legislature for instructional materials for student
3184	membership in basic and special programs in grades K-12, which
3185	will provide for growth and maintenance needs. For purposes of
3186	this subsection section, unweighted full-time equivalent
3187	students enrolled in the lab schools in state universities are
3188	to be included as school district students and reported as such
3189	to the department. These funds shall be distributed to school
3190	districts as follows: 50 percent on or about July 10; 35 percent
3191	on or about October 10; 10 percent on or about January 10; and 5
3192	percent on or about June 10. The annual allocation shall be
3193	determined as follows:
3194	(a)(1)  The growth allocation for each school district
3195	shall be calculated as follows:
3196	1.(a)  Subtract from that district's projected full-time
3197	equivalent membership of students in basic and special programs
3198	in grades K-12 used in determining the initial allocation of the
3199	Florida Education Finance Program, the prior year's full-time
3200	equivalent membership of students in basic and special programs
3201	in grades K-12 for that district.
3202	2.(b)  Multiply any such increase in full-time equivalent
3203	student membership by the allocation for a set of instructional
3204	materials, as determined by the department, or as provided for
3205	in the General Appropriations Act.
3206	3.(c)  The amount thus determined shall be that district's
3207	initial allocation for growth for the school year. However, the
3208	department shall recompute and adjust the initial allocation
3209	based on actual full-time equivalent student membership data for
3210	that year.
3211	(b)(2)  The maintenance of the instructional materials
3212	allocation for each school district shall be calculated by
3213	multiplying each district's prior year full-time equivalent
3214	membership of students in basic and special programs in grades
3215	K-12 by the allocation for maintenance of a set of instructional
3216	materials as provided for in the General Appropriations Act. The
3217	amount thus determined shall be that district's initial
3218	allocation for maintenance for the school year; however, the
3219	department shall recompute and adjust the initial allocation
3220	based on such actual full-time equivalent student membership
3221	data for that year.
3222	(c)(3)  In the event the funds appropriated are not
3223	sufficient for the purpose of implementing this subsection
3224	section in full, the department shall prorate the funds
3225	available for instructional materials after first funding in
3226	full each district's growth allocation.
3227	(2)  Annually by July 1 and prior to the release of
3228	instructional materials funds, each district school
3229	superintendent shall certify to the Commissioner of Education
3230	that the district school board has approved a comprehensive
3231	staff development plan that requires fidelity of implementation
3232	of instructional materials that are in the first 2 years of the
3233	adoption cycle and that the district intends to purchase. The
3234	staff development plan must provide for training for each
3235	teacher who will use the materials, provide inservice credit for
3236	the training, and document satisfactory completion of the
3237	training by each teacher. The superintendent shall annually
3238	report to the district school board on the implementation of the
3239	plan. The report shall include verification that training was
3240	provided, that teachers satisfactorily completed the training,
3241	and that the materials are being implemented as designed.
3242	Section 50.  Paragraph (b) of subsection (2) of section
3243	1011.685, Florida Statutes, is amended to read:
3244	1011.685  Class size reduction; operating categorical
3245	fund.--
3246	(2)  Class size reduction operating categorical funds shall
3247	be used by school districts for the following:
3248	(b)  For any lawful operating expenditure, if the district
3249	has met the constitutional maximums identified in s. 1003.03(1)
3250	or the reduction of two students per year required by s.
3251	1003.03(2); however, priority shall be given to increase
3252	salaries of classroom teachers as defined in s. 1012.01(2)(a)
3253	and to implement the performance-pay incentive and the
3254	differentiated pay detailed in s. 1012.22(1)(c) salary career
3255	ladder defined in s. 1012.231.
3256	Section 51.  Subsection (1) of section 1011.71, Florida
3257	Statutes, is amended to read:
3258	1011.71  District school tax.--
3259	(1)  If the district school tax is not provided in the
3260	General Appropriations Act or the substantive bill implementing
3261	the General Appropriations Act, each district school board
3262	desiring to participate in the state allocation of funds for
3263	current operation as prescribed by s. 1011.62(10)(9) shall levy
3264	on the taxable value for school purposes of the district,
3265	exclusive of millage voted under the provisions of s. 9(b) or s.
3266	12, Art. VII of the State Constitution, a millage rate not to
3267	exceed the amount certified by the commissioner as the minimum
3268	millage rate necessary to provide the district required local
3269	effort for the current year, pursuant to s. 1011.62(4)(a)1. In
3270	addition to the required local effort millage levy, each
3271	district school board may levy a nonvoted current operating
3272	discretionary millage. The Legislature shall prescribe annually
3273	in the appropriations act the maximum amount of millage a
3274	district may levy. The millage rate prescribed shall exceed zero
3275	mills but shall not exceed the lesser of 1.6 mills or 25 percent
3276	of the millage which is required pursuant to s. 1011.62(4),
3277	exclusive of millage levied pursuant to subsection (2).
3278	Section 52.  Subsection (6) is added to section 1012.21,
3279	Florida Statutes, to read:
3280	1012.21  Department of Education duties; K-12 personnel.--
3281	(6)  REPORTING.--The Department of Education shall annually
3282	post online links to each school district's collectively
3283	bargained contracts and the salary and benefits of the personnel
3284	or officers of any educator association that were paid by the
3285	school district pursuant to s. 1012.22.
3286	Section 53.  Paragraphs (b) and (c) of subsection (1) of
3287	section 1012.22, Florida Statutes, are amended to read:
3288	1012.22  Public school personnel; powers and duties of the
3289	district school board.--The district school board shall:
3290	(1)  Designate positions to be filled, prescribe
3291	qualifications for those positions, and provide for the
3292	appointment, compensation, promotion, suspension, and dismissal
3293	of employees as follows, subject to the requirements of this
3294	chapter:
3295	(b)  Time to act on nominations.--The district school board
3296	shall act not later than 3 weeks following the receipt of FCAT
3297	scores and data, including school grades, or June 30 after the
3298	end of the regular legislative session or May 31, whichever is
3299	later, on the district school superintendent's nominations of
3300	supervisors, principals, and members of the instructional staff.
3301	(c)  Compensation and salary schedules.--
3302	1.  The district school board shall adopt a salary schedule
3303	or salary schedules designed to furnish incentives for
3304	improvement in training and for continued efficient service to
3305	be used as a basis for paying all school employees and fix and
3306	authorize the compensation of school employees on the basis
3307	thereof.
3308	2.  A district school board, in determining the salary
3309	schedule for instructional personnel, must base a portion of
3310	each employee's compensation on performance demonstrated under
3311	s. 1012.34, must consider the prior teaching experience of a
3312	person who has been designated state teacher of the year by any
3313	state in the United States, and must consider prior professional
3314	experience in the field of education gained in positions in
3315	addition to district level instructional and administrative
3316	positions.
3317	3.  In developing the salary schedule, the district school
3318	board shall seek input from parents, teachers, and
3319	representatives of the business community.
3320	4.  Beginning with the 2002-2003 fiscal year, each district
3321	school board must adopt a performance-pay policy for school
3322	administrators and instructional personnel. The district's
3323	performance-pay policy is subject to negotiation as provided in
3324	chapter 447; however, the adopted salary schedule must allow
3325	school administrators and instructional personnel who
3326	demonstrate outstanding performance, as measured under s.
3327	1012.34, to earn a 5-percent supplement in addition to their
3328	individual, negotiated salary. The supplements shall be funded
3329	from the performance-pay reserve funds adopted in the salary
3330	schedule. Beginning with the 2004-2005 academic year, the
3331	district's 5-percent performance-pay policy must provide for the
3332	evaluation of classroom teachers within each level of the salary
3333	career ladder provided in s. 1012.231. The Commissioner of
3334	Education shall determine whether the district school board's
3335	adopted policy and salary schedule complies with the requirement
3336	for performance-based pay. If the district school board fails to
3337	comply with this section, the commissioner may shall withhold
3338	disbursements from the Educational Enhancement Trust Fund to the
3339	district and take any other measure provided by law necessary to
3340	ensure compliance until compliance is verified.
3341	5.  Beginning with the 2007-2008 academic year, each
3342	district school board shall adopt a salary schedule with
3343	differentiated pay for both instructional personnel and school-
3344	based administrators. The salary schedule is subject to
3345	negotiation as provided in chapter 447 and must allow
3346	differentiated pay based on district-determined factors,
3347	including, but not limited to, additional responsibilities,
3348	school demographics, critical shortage areas, and level of job
3349	performance difficulties.
3350	Section 54.  Section 1012.2315, Florida Statutes, is
3351	created to read:
3352	1012.2315  Assignment of teachers.--
3353	(1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
3354	finds disparity between teachers assigned to teach in a majority
3355	of "A" graded schools compared to teachers assigned to teach in
3356	a majority of "F" graded schools. The disparity can be found in
3357	the average years of experience, the median salary, and the
3358	performance of the teachers on teacher certification
3359	examinations. It is the intent of the Legislature that district
3360	school boards have flexibility through the collective bargaining
3361	process to assign teachers more equitably across the schools in
3362	the district.
3363	(2)  ASSIGNMENT TO SCHOOLS GRADED "D" OR "F."--School
3364	districts may not assign a higher percentage than the school
3365	district average of first-time teachers, temporarily certified
3366	teachers, teachers in need of improvement, or out-of-field
3367	teachers to schools with above the school district average of
3368	minority and economically disadvantaged students or schools that
3369	are graded "D" or "F." Each school district shall annually
3370	certify to the Commissioner of Education that this requirement
3371	has been met. If the commissioner determines that a school
3372	district is not in compliance with this subsection, the State
3373	Board of Education shall be notified and shall take action
3374	pursuant to s. 1008.32 in the next regularly scheduled meeting
3375	to require compliance.
3376	(3)  REPORT.--Schools graded D or F shall annually report
3377	their teacher retention rate. Included in this report shall be
3378	reasons listed for leaving for each teacher who left the school
3379	for any reason.
3380	Section 55.  Subsection (2) of section 1012.27, Florida
3381	Statutes, is amended to read:
3382	1012.27  Public school personnel; powers and duties of
3383	district school superintendent.--The district school
3384	superintendent is responsible for directing the work of the
3385	personnel, subject to the requirements of this chapter, and in
3386	addition the district school superintendent shall perform the
3387	following:
3388	(2)  COMPENSATION AND SALARY SCHEDULES.--Prepare and
3389	recommend to the district school board for adoption a salary
3390	schedule or salary schedules. The district school superintendent
3391	must recommend a salary schedule for instructional personnel
3392	which bases a portion of each employee's compensation on
3393	performance demonstrated under s. 1012.34. In developing the
3394	recommended salary schedule, the district school superintendent
3395	shall include input from parents, teachers, and representatives
3396	of the business community. Beginning with the 2006-2007 2004-
3397	2005 academic year, the recommended salary schedule for
3398	classroom teachers shall be consistent with the district's
3399	performance-pay policy under s. 1012.22(1)(c) and, beginning
3400	with the 2007-2008 academic year, the district's differentiated
3401	pay under s. 1012.22(1)(c) career ladder based upon s. 1012.231.
3402	Section 56.  Subsection (6) of section 1012.28, Florida
3403	Statutes, is amended to read:
3404	1012.28  Public school personnel; duties of school
3405	principals.--
3406	(6)  A school principal who fails to comply with this
3407	section shall be ineligible for any portion of the performance-
3408	pay performance pay policy incentive or the differentiated pay
3409	under s. 1012.22(1)(c).
3410	Section 57.  Paragraph (a) of subsection (3) of section
3411	1012.34, Florida Statutes, is amended to read:
3412	1012.34  Assessment procedures and criteria.--
3413	(3)  The assessment procedure for instructional personnel
3414	and school administrators must be primarily based on the
3415	performance of students assigned to their classrooms or schools,
3416	as appropriate. Pursuant to this section, a school district's
3417	performance assessment is not limited to basing unsatisfactory
3418	performance of instructional personnel and school administrators
3419	upon student performance, but may include other criteria
3420	approved to assess instructional personnel and school
3421	administrators' performance, or any combination of student
3422	performance and other approved criteria. The procedures must
3423	comply with, but are not limited to, the following requirements:
3424	(a)  An assessment must be conducted for each employee at
3425	least once a year. The assessment must be based upon sound
3426	educational principles and contemporary research in effective
3427	educational practices. The assessment must primarily use data
3428	and indicators of improvement in student performance assessed
3429	annually as specified in s. 1008.22 and may consider results of
3430	peer reviews in evaluating the employee's performance. Student
3431	performance must be measured by state assessments required under
3432	s. 1008.22 and by local assessments for subjects and grade
3433	levels not measured by the state assessment program. The
3434	assessment criteria must include, but are not limited to,
3435	indicators that relate to the following:
3436	1.  Performance of students.
3437	2.  Ability to maintain appropriate discipline.
3438	3.  Knowledge of subject matter. The district school board
3439	shall make special provisions for evaluating teachers who are
3440	assigned to teach out-of-field.
3441	4.  Ability to plan and deliver instruction, including
3442	implementation of the rigorous reading requirement pursuant to
3443	s. 1003.415, when applicable, and the use of technology in the
3444	classroom.
3445	5.  Ability to evaluate instructional needs.
3446	6.  Ability to establish and maintain a positive
3447	collaborative relationship with students' families to increase
3448	student achievement.
3449	7.  Other professional competencies, responsibilities, and
3450	requirements as established by rules of the State Board of
3451	Education and policies of the district school board.
3452	Section 58.  Subsection (4) of section 1012.56, Florida
3453	Statutes, is amended to read:
3454	1012.56  Educator certification requirements.--
3455	(4)  MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable means
3456	of demonstrating mastery of subject area knowledge are:
3457	(a)  Achievement of passing scores on subject area
3458	examinations required by state board rule;
3459	(b)  Completion of the subject area specialization
3460	requirements specified in state board rule and verification of
3461	the attainment of the essential subject matter competencies by
3462	the district school superintendent of the employing school
3463	district or chief administrative officer of the employing state-
3464	supported or private school for a subject area for which a
3465	subject area examination has not been developed and required by
3466	state board rule;
3467	(c)  Completion of the subject area specialization
3468	requirements specified in state board rule for a subject
3469	coverage requiring a master's or higher degree and achievement
3470	of a passing score on the subject area examination specified in
3471	state board rule;
3472	(d)  A valid professional standard teaching certificate
3473	issued by another state; or
3474	(e)  A valid certificate issued by the National Board for
3475	Professional Teaching Standards or a national educator
3476	credentialing board approved by the State Board of Education.
3477
3478	School districts are encouraged to provide mechanisms for those
3479	middle school teachers holding only a K-6 teaching certificate
3480	to obtain a subject area coverage for middle grades through
3481	postsecondary coursework or district subject content
3482	professional development activities to assist in the preparation
3483	for earning a passing score on the subject area examination
3484	required for add-on certification.
3485	Section 59.  Section 1012.986, Florida Statutes, is created
3486	to read:
3487	1012.986  William Cecil Golden Professional Development
3488	Program for School Leaders.--
3489	(1)  ESTABLISHMENT.--There is established the William Cecil
3490	Golden Professional Development Program for School Leaders, a
3491	high-quality, competency-based, customized, comprehensive, and
3492	coordinated statewide professional development program that is
3493	aligned with the leadership standards for school leaders adopted
3494	by the State Board of Education. The program shall be
3495	administered by the Department of Education and shall provide
3496	leadership training opportunities for school leaders to enable
3497	them to be more effective instructional leaders, especially in
3498	the area of reading. The program shall provide school leaders
3499	with the opportunity to attain a school leadership designation
3500	pursuant to subsection (3).
3501	(2)  DEFINITION.--As used in this section, the term "school
3502	leader" means a school principal or assistant principal holding
3503	a valid Florida certificate in educational leadership.
3504	(3)  DESIGNATIONS.--The Department of Education shall
3505	develop criteria for designating high-performing school leaders.
3506	The criteria must emphasize student learning gains, especially
3507	in high schools.
3508	(4)  PROGRAM REQUIREMENTS.--
3509	(a)  The program shall be based upon the leadership
3510	standards adopted by the State Board of Education, the standards
3511	of the National Staff Development Council, and the federal
3512	requirements for high-quality professional development under the
3513	No Child Left Behind Act of 2001.
3514	(b)  The program shall provide a competency-based approach
3515	that utilizes prediagnostic and postdiagnostic evaluations that
3516	shall be used to create an individualized professional
3517	development plan approved by the district school superintendent.
3518	The plan shall be structured to support the school leader's
3519	attainment of the leadership standards adopted by the State
3520	Board of Education.
3521	(c)  The program shall incorporate instructional leadership
3522	training and effective business practices for efficient school
3523	operations in school leadership training.
3524	(5)  DELIVERY SYSTEMS.--The Department of Education shall
3525	deliver the program through multiple delivery systems,
3526	including:
3527	(a)  Approved school district training programs.
3528	(b)  Interactive technology-based instruction.
3529	(c)  Regional consortium service organizations pursuant to
3530	s. 1001.451.
3531	(6)  RULES.--The State Board of Education shall adopt rules
3532	pursuant to ss. 120.536(1) and 120.54 to implement the
3533	provisions of this section.
3534	Section 60.  Section 1012.987, Florida Statutes, is
3535	repealed.
3536	Section 61.  This act shall take effect upon becoming a
3537	law.

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