Senate Bill sb2578
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Florida Senate - 2007 SB 2578
By Senator Deutch
30-1275A-07 See HB 1131
1 A bill to be entitled
2 An act relating to public school education;
3 amending s. 1002.20, F.S.; providing that
4 public school choice options include academy
5 programs in the school district; deleting
6 reference to the Opportunity Scholarship
7 Program; amending s. 1002.31, F.S.; conforming
8 provisions relating to public school parental
9 choice; requiring reimbursement to school
10 districts for reasonable costs for student
11 transportation to certain schools and choice
12 programs; creating s. 1002.391, F.S.; requiring
13 the Department of Education to develop a plan
14 for the establishment of academy programs in
15 the public schools; providing for student
16 transfer in certain circumstances; requiring
17 reimbursement to school districts for
18 reasonable costs for student transportation;
19 amending s. 1008.33, F.S.; defining the term
20 "school" to include any academy program for
21 purposes of State Board of Education authority
22 to enforce public school improvement; revising
23 provisions relating to state board intervention
24 in the operation of a district school system;
25 requiring state board rulemaking relating to
26 school performance; amending s. 1008.34, F.S.;
27 changing the school grading system to a school
28 performance system; defining the term "school"
29 to include any academy program for purposes of
30 determining performance; specifying school
31 performance categories and the basis for
1
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Florida Senate - 2007 SB 2578
30-1275A-07 See HB 1131
1 designating such categories; providing for
2 determination of school district performance;
3 authorizing school districts to give certain
4 schools increased budget authority; amending s.
5 1008.341, F.S.; revising provisions relating to
6 the school improvement rating for alternative
7 schools, to conform; amending s. 1008.36, F.S.;
8 changing the Florida School Recognition Program
9 to the Every Child Matters Program; providing
10 intent and purpose of the program; providing
11 for financial assistance to schools providing
12 remediation and intervention services to
13 certain students; specifying the uses of
14 program funds; providing department duties;
15 amending ss. 1001.42, 1002.33, 1002.415,
16 1003.62, 1008.31, 1008.345, 1011.62, 1011.64,
17 and 1012.2315, F.S.; conforming provisions;
18 providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Paragraph (a) of subsection (6) of section
23 1002.20, Florida Statutes, is amended to read:
24 1002.20 K-12 student and parent rights.--Parents of
25 public school students must receive accurate and timely
26 information regarding their child's academic progress and must
27 be informed of ways they can help their child to succeed in
28 school. K-12 students and their parents are afforded numerous
29 statutory rights including, but not limited to, the following:
30 (6) EDUCATIONAL CHOICE.--
31
2
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Florida Senate - 2007 SB 2578
30-1275A-07 See HB 1131
1 (a) Public school choices.--Parents of public school
2 students may seek whatever public school choice options that
3 are applicable to their students and are available to students
4 in their school districts. These options may include
5 controlled open enrollment, lab schools, charter schools,
6 charter technical career centers, magnet schools, alternative
7 schools, special programs, academy programs, advanced
8 placement, dual enrollment, International Baccalaureate,
9 International General Certificate of Secondary Education
10 (pre-AICE), Advanced International Certificate of Education,
11 early admissions, credit by examination or demonstration of
12 competency, the New World School of the Arts, the Florida
13 School for the Deaf and the Blind, and the Florida Virtual
14 School. These options may also include the public school
15 choice option options of the Opportunity Scholarship Program
16 and the McKay Scholarships for Students with Disabilities
17 Program.
18 Section 2. Subsections (2) and (3) and paragraph (c)
19 of subsection (5) of section 1002.31, Florida Statutes, are
20 amended to read:
21 1002.31 Public school parental choice.--
22 (2) Each district school board may offer controlled
23 open enrollment within the public schools. The controlled open
24 enrollment program shall be offered in addition to the
25 existing choice programs such as magnet schools, alternative
26 schools, special programs, academy programs, advanced
27 placement, and dual enrollment.
28 (3) Each district school board shall develop a
29 controlled open enrollment plan which describes the
30 implementation of subsection (2). Each school district shall
31 be reimbursed for reasonable costs of providing transportation
3
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Florida Senate - 2007 SB 2578
30-1275A-07 See HB 1131
1 for students who attend a public school or choice program
2 other than the school to which the student is assigned through
3 the allocation of Every Child Matters Program funds by the
4 Department of Education pursuant to s. 1008.36.
5 (5) Each school district shall develop a system of
6 priorities for its plan that includes consideration of the
7 following:
8 (c) A process that allows encourages placement of
9 siblings within the same school.
10 Section 3. Section 1002.391, Florida Statutes, is
11 created to read:
12 1002.391 Academy programs in the public schools.--
13 (1) The Department of Education shall develop by
14 January 1, 2008, a plan for school districts to establish
15 academy programs in every public school where feasible. Based
16 on the school-within-a-school concept, academy programs shall
17 be multiple programs within one school facility that allow
18 students to concentrate on unique and specialized areas of
19 study of their choosing. The department's plan shall be based
20 on the following:
21 (a) Each student in an academy program must take a
22 base of core-curricula courses in addition to specialized
23 courses unique to each academy program.
24 (b) The plan must include a waiver provision for
25 school districts to continue offering traditional academic
26 programs if it is not feasible to offer academy programs
27 within individual schools.
28 (2)(a) A parent whose child is enrolled in an academy
29 program shall be able to transfer his or her child to a
30 different academy program in the school, to an academy program
31 in another public school in the school district, or to a
4
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Florida Senate - 2007 SB 2578
30-1275A-07 See HB 1131
1 traditional academic program in another public school in the
2 school district if the expectations of the parent or the
3 student are not met within the school in which the student is
4 enrolled. Except as provided in paragraph (b), once a student
5 begins the academic year in an academy program or school, he
6 or she is required to attend that academy program or school
7 for the remainder of the academic year.
8 (b) A parent may apply to transfer his or her child to
9 another academy program or school before the end of the
10 academic year if special circumstances warrant such action,
11 according to a process developed by the department.
12 (3) The department shall allocate Every Child Matters
13 Program funds, pursuant to s. 1008.36, to reimburse school
14 districts for reasonable costs of providing transportation for
15 students who attend a public school, or an academy program in
16 a public school, other than the school to which the student is
17 assigned, pursuant to this section.
18 Section 4. Section 1008.33, Florida Statutes, is
19 amended to read:
20 1008.33 Authority to enforce public school
21 improvement.--It is the intent of the Legislature that all
22 public schools be held accountable for students performing at
23 acceptable levels. A system of school improvement and
24 accountability that assesses student performance by school,
25 identifies schools in which students are not making adequate
26 progress toward state standards, institutes appropriate
27 measures for enforcing improvement, and provides rewards and
28 sanctions based on performance shall be the responsibility of
29 the State Board of Education. For purposes of this section,
30 the term "school" means the school itself or any academy
31 program in a school as described in s. 1002.391.
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Florida Senate - 2007 SB 2578
30-1275A-07 See HB 1131
1 (1)(a) Pursuant to Art. IX of the State Constitution
2 prescribing the duty of the State Board of Education to
3 supervise Florida's public school system and notwithstanding
4 any other statutory provisions to the contrary, the State
5 Board of Education shall intervene in the operation of a
6 district school system when one or more schools in the school
7 district have failed to make adequate progress for 2 school
8 years in a 3-year 4-year period. For purposes of determining
9 when a school is eligible for state board action and
10 opportunity scholarships for its students, the term terms "2
11 years in any 4-year period" and "2 school years in a 3-year
12 4-year period" means mean that in any year that a school has a
13 performance category "Declining," grade of "F," the school is
14 eligible for state board action and opportunity scholarships
15 for its students if it also has had a performance category
16 "Declining" grade of "F" in any of the previous 2 3 school
17 years. The State Board of Education may determine that the
18 school district or school has not taken steps sufficient for
19 students in the school to be academically well served.
20 Considering recommendations of the Commissioner of Education,
21 the State Board of Education shall recommend action to a
22 district school board intended to improve educational services
23 to students in each school that is designated with a
24 performance category "Declining." grade of "F."
25 Recommendations for actions to be taken in the school district
26 shall be made only after thorough consideration of the unique
27 characteristics of a school, which shall include student
28 mobility rates, the number and type of exceptional students
29 enrolled in the school, and the availability of options for
30 improved educational services. The state board shall adopt by
31 rule steps to follow in this process. Such steps shall provide
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Florida Senate - 2007 SB 2578
30-1275A-07 See HB 1131
1 school districts sufficient time to improve student
2 performance in schools and the opportunity to present evidence
3 of assistance and interventions that the district school board
4 has implemented.
5 (b) A school shall not receive a performance category
6 "Declining" if it has an overall increase in student
7 achievement. This safe-harbor threshold for such a school
8 shall be based on annualized, multiyear improvements
9 documented for the top 25 percent of Florida schools for that
10 grade level.
11 (c) A school shall not receive a performance category
12 "Declining" if it falls below its previous year's grade or
13 performance category but maintains adequate performance
14 standards compared to other public schools in the state.
15 (d) The State Board of Education shall determine by
16 rule the criteria for designating "Improving," "Maintaining,"
17 and "Declining" performance categories for the purposes of the
18 state performance accountability system pursuant to s.
19 1008.34.
20 (2) The State Board of Education may recommend one or
21 more of the following actions to district school boards to
22 enable students in schools designated as performance category
23 "Declining" with a grade of "F" to be academically well served
24 by the public school system:
25 (a) Provide additional resources, change certain
26 practices, and provide additional assistance if the state
27 board determines the causes of inadequate progress to be
28 related to school district policy or practice;
29 (b) Implement a plan that satisfactorily resolves the
30 education equity problems in the school related to factors
31 that hamper increased student performance;
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Florida Senate - 2007 SB 2578
30-1275A-07 See HB 1131
1 (c) Contract for the educational services of the
2 school, or reorganize the school at the end of the school year
3 under a new school principal who is authorized to hire new
4 staff and implement a plan that addresses the causes of
5 inadequate progress. A contract to administer an alternative
6 school may not be entered into with a private entity which
7 contract changes the character of the alternative school
8 population as it existed when the alternative school was
9 administered by the public school system. The term "character
10 of the alternative school population" means the percentage of
11 students having learning disabilities, physical disabilities,
12 emotional disabilities, or developmental disabilities, as well
13 as the percentage of students having discipline problems;
14 (d) Allow parents of students in the school to send
15 their children to another district school of their choice; or
16 (e) Other action appropriate to improve the school's
17 performance, including, if the school is a high school,
18 requiring annual publication of the school's graduation rate
19 calculated without GED tests for the past 3 years,
20 disaggregated by student ethnicity.
21 (3) In recommending actions to district school boards,
22 the State Board of Education shall specify the length of time
23 available to implement the recommended action. The State Board
24 of Education may adopt rules to further specify how it may
25 respond in specific circumstances. No action taken by the
26 State Board of Education shall relieve a school from state
27 accountability requirements.
28 (4) The State Board of Education may require the
29 Department of Education or Chief Financial Officer to withhold
30 any transfer of state funds to the school district if, within
31 the timeframe specified in state board action, the school
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Florida Senate - 2007 SB 2578
30-1275A-07 See HB 1131
1 district has failed to comply with the action ordered to
2 improve the district's low-performing schools. Withholding the
3 transfer of funds shall occur only after all other recommended
4 actions for school improvement have failed to improve
5 performance. The State Board of Education may impose the same
6 penalty on any district school board that fails to develop and
7 implement a plan for assistance and intervention for
8 low-performing schools as specified in s. 1001.42(16)(d).
9 Section 5. Section 1008.34, Florida Statutes, is
10 amended to read:
11 1008.34 School performance grading system; school
12 report cards; district performance grade.--For purposes of
13 this section, the term "school" means the school itself or any
14 academy program in a school as described in s. 1002.391. Each
15 school and each academy program shall receive a separate
16 performance category designation pursuant to this section.
17 (1) ANNUAL REPORTS.--The Commissioner of Education
18 shall prepare annual reports of the results of the statewide
19 assessment program which describe student achievement in the
20 state, each district, and each school. The commissioner shall
21 prescribe the design and content of these reports, which must
22 include, without limitation, descriptions of the performance
23 of all schools participating in the assessment program and all
24 of their major student populations as determined by the
25 Commissioner of Education, and must also include the median
26 scores of all eligible students who scored at or in the lowest
27 25th percentile of the state in the previous school year;
28 provided, however, that the provisions of s. 1002.22
29 pertaining to student records apply to this section.
30 (2) SCHOOL PERFORMANCE CATEGORIES GRADES.--The annual
31 report shall identify schools as having one of the following
9
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Florida Senate - 2007 SB 2578
30-1275A-07 See HB 1131
1 performance categories grades, defined according to rules of
2 the State Board of Education:
3 (a) "Improving," "A," schools making excellent or
4 above average progress.
5 (b) "Maintaining," "B," schools making satisfactory or
6 average above average progress.
7 (c) "Declining," "C," schools making unsatisfactory or
8 below average satisfactory progress.
9 (d) "D," schools making less than satisfactory
10 progress.
11 (e) "F," schools failing to make adequate progress.
12
13 Beginning in the 2007-2008 school year, a school that has been
14 designated with a school grade of "F" in a prior school year
15 shall not be designated as performance category "Declining"
16 using the current year's data if that school has met the
17 safe-harbor threshold established in s. 1008.33(1)(b). Each
18 school designated with a grade of "A," making excellent
19 progress, or having improved at least two grade levels, shall
20 have greater authority over the allocation of the school's
21 total budget generated from the FEFP, state categoricals,
22 lottery funds, grants, and local funds, as specified in state
23 board rule. The rule must provide that the increased budget
24 authority shall remain in effect until the school's grade
25 declines.
26 (3) DESIGNATION OF SCHOOL PERFORMANCE CATEGORIES
27 GRADES.--For purposes of determining school performance,
28 student performance shall be based on all students' annual
29 learning gains and increased student performance compared to
30 the previous year. Each school that has students who are
31 tested and included in the school performance grading system,
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Florida Senate - 2007 SB 2578
30-1275A-07 See HB 1131
1 except an alternative school that receives a school
2 improvement rating pursuant to s. 1008.341, shall receive a
3 school performance category designation grade; however, an
4 alternative school may choose to receive a school performance
5 category designation grade under this section in lieu of a
6 school improvement rating. Additionally, a school that serves
7 any combination of students in kindergarten through grade 3
8 which does not receive a school performance category
9 designation grade because its students are not tested and
10 included in the school performance grading system shall
11 receive the school performance category grade designation of a
12 K-3 feeder pattern school identified by the Department of
13 Education and verified by the school district. A school feeder
14 pattern exists if at least 60 percent of the students in the
15 school serving a combination of students in kindergarten
16 through grade 3 are scheduled to be assigned to the graded
17 school participating in the school performance system. School
18 performance categories grades itemized in subsection (2) shall
19 be based on the following:
20 (a) Criteria.--A school's performance grade shall be
21 based on a combination of:
22 1. Student achievement scores, including achievement
23 scores for students seeking a special diploma.
24 2. Student learning gains as measured annually by
25 annual FCAT assessments in grades 3 through 10; learning gains
26 for students seeking a special diploma, as measured by an
27 alternate assessment tool, shall be included not later than
28 the 2009-2010 school year.
29 3. Improvement of the lowest 25th percentile of
30 students in the school in reading, math, or writing on the
31
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Florida Senate - 2007 SB 2578
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1 FCAT and on non-FCAT measures, unless these students are
2 exhibiting satisfactory performance.
3 4. Beginning in the 2007-2008 school year, the
4 following weighted factors according to rules adopted by the
5 State Board of Education:
6 a. Fifty percent based on student FCAT scores.
7 b. Fifty percent based on non-FCAT measures as
8 determined by the Department of Education.
9 (b) Student assessment data.--Student assessment data
10 used in determining school performance grades shall include:
11 1. The aggregate scores of all eligible students
12 enrolled in the school who have been assessed on the FCAT and
13 on non-FCAT measures.
14 2. The aggregate scores of all eligible students
15 enrolled in the school who have been assessed on the FCAT,
16 including Florida Writes, and on non-FCAT measures, and who
17 have scored at or in the lowest 25th percentile of students in
18 the school in reading, math, or writing, unless these students
19 are exhibiting satisfactory performance.
20 3. Effective with the 2005-2006 school year, the
21 achievement scores and learning gains of eligible students
22 attending alternative schools that provide dropout prevention
23 and academic intervention services pursuant to s. 1003.53. The
24 term "eligible students" in this subparagraph does not include
25 students attending an alternative school who are subject to
26 district school board policies for expulsion for repeated or
27 serious offenses, who are in dropout retrieval programs
28 serving students who have officially been designated as
29 dropouts, or who are in programs operated or contracted by the
30 Department of Juvenile Justice. The student performance data
31 for eligible students identified in this subparagraph shall be
12
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Florida Senate - 2007 SB 2578
30-1275A-07 See HB 1131
1 included in the calculation of the home school's performance
2 grade. For purposes of this section and s. 1008.341, "home
3 school" means the school the student was attending when
4 assigned to an alternative school. If an alternative school
5 chooses to be designated graded pursuant to this section,
6 student performance data for eligible students identified in
7 this subparagraph shall not be included in the home school's
8 performance grade but shall be included only in the
9 calculation of the alternative school's performance grade.
10 School districts must require collaboration between the home
11 school and the alternative school in order to promote student
12 success.
13
14 The State Board of Education shall adopt appropriate criteria
15 for each school performance category grade. The criteria must
16 also give added weight to student achievement in reading.
17 Schools designated with a performance category "Maintaining"
18 grade of "C," making satisfactory progress, shall be required
19 to demonstrate that adequate progress has been made by
20 students in the school who are in the lowest 25th percentile
21 in reading, math, or writing on the FCAT, including Florida
22 Writes, and on non-FCAT measures, unless these students are
23 exhibiting satisfactory performance.
24 (4) SCHOOL IMPROVEMENT RATINGS.--The annual report
25 shall identify each school's performance as having improved,
26 remained the same, or declined. This school improvement rating
27 shall be based on a comparison of the current year's and
28 previous year's student and school performance data. Schools
29 that improve at least one grade level are eligible for school
30 recognition awards pursuant to s. 1008.36.
31
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Florida Senate - 2007 SB 2578
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1 (5) SCHOOL REPORT CARD.--The Department of Education
2 shall annually develop, in collaboration with the school
3 districts, a school report card to be delivered to parents
4 throughout each school district. The report card shall include
5 the school's performance category grade, information regarding
6 school improvement, an explanation of school performance as
7 evaluated by the federal No Child Left Behind Act of 2001, and
8 indicators of return on investment. Each school's report card
9 shall be published annually by the department on its website,
10 and the school district shall provide the school report card
11 to each parent.
12 (6) PERFORMANCE-BASED FUNDING.--The Legislature may
13 factor in the performance of schools in calculating any
14 performance-based funding policy that is provided for annually
15 in the General Appropriations Act.
16 (7) DISTRICT PERFORMANCE GRADE.--
17 (a) The annual report required by subsection (1) shall
18 include district performance grades, which shall consist of
19 weighted district average performance grades, by level, for
20 all elementary schools, middle schools, and high schools in
21 the district. A district's weighted average performance grade
22 shall be calculated by weighting individual school performance
23 grades determined pursuant to subsection (2) by school
24 enrollment.
25 (b) School districts shall have a variety of tools at
26 their disposal to maintain high performance standards. These
27 tools shall include, but not be limited to, giving to schools
28 that receive a performance category "Improving" greater
29 authority over the allocation of the school's total budget
30 generated from the FEFP, state categoricals, lottery funds,
31 grants, and local funds, as specified in State Board of
14
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Florida Senate - 2007 SB 2578
30-1275A-07 See HB 1131
1 Education rule. The rule must provide that the increased
2 budget authority shall remain in effect unless the school's
3 performance category declines.
4 Section 6. Subsections (2) and (3) of section
5 1008.341, Florida Statutes, are amended to read:
6 1008.341 School improvement rating for alternative
7 schools.--
8 (2) SCHOOL IMPROVEMENT RATING.--Alternative schools
9 that provide dropout prevention and academic intervention
10 services pursuant to s. 1003.53 shall receive a school
11 improvement rating pursuant to this section. The school
12 improvement rating shall identify schools as having one of the
13 following ratings defined according to rules of the State
14 Board of Education:
15 (a) "Improving" means schools with students making
16 more academic progress than when the students were served in
17 their home schools.
18 (b) "Maintaining" means schools with students making
19 progress equivalent to the progress made when the students
20 were served in their home schools.
21 (c) "Declining" means schools with students making
22 less academic progress than when the students were served in
23 their home schools.
24
25 The school improvement rating shall be based on a comparison
26 of student performance data for the current year and previous
27 year. Schools that improve at least one level or maintain an
28 "improving" rating pursuant to this section are eligible for
29 school recognition awards pursuant to s. 1008.36.
30
31
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Florida Senate - 2007 SB 2578
30-1275A-07 See HB 1131
1 (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student
2 data used in determining an alternative school's school
3 improvement rating shall include:
4 (a) The aggregate scores of all eligible students who
5 were assigned to and enrolled in the school during the October
6 or February FTE count, who have been assessed on the FCAT and
7 on non-FCAT measures, and who have FCAT or comparable scores
8 for the preceding school year.
9 (b) The aggregate scores of all eligible students who
10 were assigned to and enrolled in the school during the October
11 or February FTE count, who have been assessed on the FCAT,
12 including Florida Writes, and on non-FCAT measures, and who
13 have scored in the lowest 25th percentile of students in the
14 state on the FCAT and on non-FCAT measures Reading.
15
16 The assessment scores of students who are subject to district
17 school board policies for expulsion for repeated or serious
18 offenses, who are in dropout retrieval programs serving
19 students who have officially been designated as dropouts, or
20 who are in programs operated or contracted by the Department
21 of Juvenile Justice may not be included in an alternative
22 school's school improvement rating.
23 Section 7. Section 1008.36, Florida Statutes, is
24 amended to read:
25 1008.36 Every Child Matters Florida School Recognition
26 Program.--
27 (1) The Legislature finds that in order to provide
28 every student enrolled in K-12 public schools with the
29 opportunity to achieve a successful public education, academic
30 problems must be identified early, with remediation and
31 intervention services to follow. It is the intent of this
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1 section that no child shall be left behind there is a need for
2 a performance incentive program for outstanding faculty and
3 staff in highly productive schools. The Legislature further
4 finds that performance-based incentives are commonplace in the
5 private sector and should be infused into the public sector as
6 a reward for productivity.
7 (2) The Every Child Matters Florida School Recognition
8 Program is created to provide financial awards to public
9 schools that:
10 (a) A curriculum-based, year-round measurement of
11 learning gains for all public school students enrolled in
12 kindergarten through grade 12. Sustain high performance by
13 receiving a school grade of "A," making excellent progress; or
14 (b) Remediation and intervention services to all
15 public school students enrolled in kindergarten through grade
16 12 who are not meeting grade-appropriate performance
17 expectations, including FCAT scores and non-FCAT measures.
18 Demonstrate exemplary improvement due to innovation and effort
19 by improving a letter grade.
20 (3) All public schools, including charter schools and
21 academy programs in public schools, that receive a school
22 grade pursuant to s. 1008.34 are eligible to participate in
23 the program.
24 (4) All selected schools shall receive financial
25 assistance awards depending on the availability of funds
26 appropriated and the number and size of schools selected to
27 receive an award. Funds must be distributed to the school's
28 fiscal agent and placed in the school's account and must be
29 used for purposes listed in subsection (5) as determined
30 jointly by the school's staff and school advisory council. If
31 school staff and the school advisory council cannot reach
17
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Florida Senate - 2007 SB 2578
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1 agreement by November 1, the awards must be equally
2 distributed to all classroom teachers currently teaching in
3 the school.
4 (5) Every Child Matters Program funds School
5 recognition awards must be used for the following:
6 (a) Administration of a regular formative assessment
7 approved by the State Board of Education. Nonrecurring bonuses
8 to the faculty and staff;
9 (b) Nonrecurring expenditures for remediation of
10 low-performing students, including remediation programs and
11 intervention services adopted and administered by the
12 Department of Education.
13 (c)(b) Nonrecurring expenditures for educational
14 equipment or materials to assist in the remediation of
15 low-performing students. maintaining and improving student
16 performance; or
17 (d)(c) Temporary personnel for the school to assist in
18 the remediation of low-performing students maintaining and
19 improving student performance.
20 (e) Contracts with private sector participants to
21 provide remediation services provided that 90 percent of the
22 personnel providing services reside in the state and that the
23 contracts include requirements to ensure that the private
24 sector participants are accountable for performance.
25 (f) Transportation of students pursuant to ss. 1002.31
26 and 1002.391.
27 (6) The Department of Education shall provide training
28 and informational resources for educators to administer the
29 formative assessment pursuant to paragraph (5)(a) and shall be
30 responsible for developing and implementing provisions for the
31 collection and analysis of the assessment data.
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1 (7) The Department of Education shall establish
2 policies and procedures for the development of individual
3 education plans for low-performing students who receive
4 remediation and intervention services pursuant to this
5 section.
6
7 Notwithstanding statutory provisions to the contrary,
8 incentive awards are not subject to collective bargaining.
9 Section 8. Paragraphs (a), (c), and (d) of subsection
10 (16) and paragraph (d) of subsection (17) of section 1001.42,
11 Florida Statutes, are amended to read:
12 1001.42 Powers and duties of district school
13 board.--The district school board, acting as a board, shall
14 exercise all powers and perform all duties listed below:
15 (16) IMPLEMENT SCHOOL IMPROVEMENT AND
16 ACCOUNTABILITY.--Maintain a system of school improvement and
17 education accountability as provided by statute and State
18 Board of Education rule. This system of school improvement and
19 education accountability shall be consistent with, and
20 implemented through, the district's continuing system of
21 planning and budgeting required by this section and ss.
22 1008.385, 1010.01, and 1011.01. This system of school
23 improvement and education accountability shall include, but is
24 not limited to, the following:
25 (a) School improvement plans.--Annually approve and
26 require implementation of a new, amended, or continuation
27 school improvement plan for each school in the district. A
28 district school board may establish a district school
29 improvement plan that includes all schools in the district
30 operating for the purpose of providing educational services to
31 youth in Department of Juvenile Justice programs. The school
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1 improvement plan shall be designed to achieve the state
2 education priorities pursuant to s. 1000.03(5) and student
3 proficiency on the Sunshine State Standards pursuant to s.
4 1003.41. Each plan shall address student achievement goals and
5 strategies based on state and school district proficiency
6 standards. The plan may also address issues relative to other
7 academic-related matters, as determined by district school
8 board policy, and shall include an accurate, data-based
9 analysis of student achievement and other school performance
10 data. Beginning with plans approved for implementation in the
11 2007-2008 school year, each secondary school plan must include
12 a redesign component based on the principles established in s.
13 1003.413. For each school in the district that earns a
14 performance category "Declining," school grade of "C" or
15 below, or is required to have a school improvement plan under
16 federal law, the school improvement plan shall, at a minimum,
17 also include:
18 1. Professional development that supports enhanced and
19 differentiated instructional strategies to improve teaching
20 and learning.
21 2. Continuous use of disaggregated student achievement
22 data to determine effectiveness of instructional strategies.
23 3. Ongoing informal and formal assessments to monitor
24 individual student progress, including progress toward mastery
25 of the Sunshine State Standards, and to redesign instruction
26 if needed.
27 4. Alternative instructional delivery methods to
28 support remediation, acceleration, and enrichment strategies.
29 (c) Assistance and intervention.--
30 1. Develop a 2-year plan of increasing individualized
31 assistance and intervention for each school in danger of not
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1 meeting state standards or making adequate progress, as
2 defined pursuant to statute and State Board of Education rule,
3 toward meeting the goals and standards of its approved school
4 improvement plan.
5 2. Provide assistance and intervention to a school
6 that is designated with a performance category "Declining"
7 grade of "D" pursuant to s. 1008.34 and is in danger of
8 failing.
9 3. Develop a plan to encourage teachers with
10 demonstrated mastery in improving student performance to
11 remain at or transfer to a school with a performance category
12 "Declining" grade of "D" or "F" or to an alternative school
13 that serves disruptive or violent youths. If a classroom
14 teacher, as defined by s. 1012.01(2)(a), who meets the
15 definition of teaching mastery developed according to the
16 provisions of this paragraph, requests assignment to a school
17 designated with a performance category "Declining" grade of
18 "D" or "F" or to an alternative school that serves disruptive
19 or violent youths, the district school board shall make every
20 practical effort to grant the request.
21 4. Prioritize, to the extent possible, the
22 expenditures of funds received from the supplemental academic
23 instruction categorical fund under s. 1011.62(1)(f) to improve
24 student performance in schools that receive a performance
25 category "Declining." grade of "D" or "F."
26 (d) After 2 years.--Notify the Commissioner of
27 Education and the State Board of Education in the event any
28 school does not make adequate progress toward meeting the
29 goals and standards of a school improvement plan by the end of
30 2 years of failing to make adequate progress and proceed
31 according to guidelines developed pursuant to statute and
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1 State Board of Education rule. School districts shall provide
2 intervention and assistance to schools in danger of being
3 designated with a performance category "Declining." grade of
4 "F," failing to make adequate progress.
5 (17) LOCAL-LEVEL DECISIONMAKING.--
6 (d) Adopt policies that assist in giving greater
7 autonomy, including authority over the allocation of the
8 school's budget, to schools designated with a performance
9 category "Improving." grade of "A," making excellent progress,
10 and schools rated as having improved at least two grades.
11 Section 9. Paragraph (b) of subsection (7) and
12 paragraphs (o) and (p) of subsection (9) of section 1002.33,
13 Florida Statutes, are amended to read:
14 1002.33 Charter schools.--
15 (7) CHARTER.--The major issues involving the operation
16 of a charter school shall be considered in advance and written
17 into the charter. The charter shall be signed by the governing
18 body of the charter school and the sponsor, following a public
19 hearing to ensure community input.
20 (b)1. A charter may be renewed provided that a program
21 review demonstrates that the criteria in paragraph (a) have
22 been successfully accomplished and that none of the grounds
23 for nonrenewal established by paragraph (8)(a) has been
24 documented. In order to facilitate long-term financing for
25 charter school construction, charter schools operating for a
26 minimum of 2 years and demonstrating exemplary academic
27 programming and fiscal management are eligible for a 15-year
28 charter renewal. Such long-term charter is subject to annual
29 review and may be terminated during the term of the charter.
30 2. The 15-year charter renewal that may be granted
31 pursuant to subparagraph 1. shall be granted to a charter
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1 school that has received a performance category "Improving" or
2 "Maintaining" school grade of "A" or "B" pursuant to s.
3 1008.34 in 3 of the past 4 years and is not in a state of
4 financial emergency or deficit position as defined by this
5 section. Such long-term charter is subject to annual review
6 and may be terminated during the term of the charter pursuant
7 to subsection (8).
8 (9) CHARTER SCHOOL REQUIREMENTS.--
9 (o) The director and a representative of the governing
10 body of a charter school that has received a performance
11 category "Declining" school grade of "D" under s. 1008.34(2)
12 shall appear before the sponsor or the sponsor's staff at
13 least once a year to present information concerning each
14 contract component having noted deficiencies. The sponsor
15 shall communicate at the meeting, and in writing to the
16 director, the services provided to the school to help the
17 school address its deficiencies.
18 (p) Upon notification that a charter school receives a
19 performance category "Declining" school grade of "D" for 2
20 consecutive years or a school grade of "F" under s.
21 1008.34(2), the charter school sponsor or the sponsor's staff
22 shall require the director and a representative of the
23 governing body to submit to the sponsor for approval a school
24 improvement plan to raise student achievement and to implement
25 the plan. The sponsor has the authority to approve a school
26 improvement plan that the charter school will implement in the
27 following school year. The sponsor may also consider the State
28 Board of Education's recommended action pursuant to s.
29 1008.33(1) as part of the school improvement plan. The
30 Department of Education shall offer technical assistance and
31 training to the charter school and its governing body and
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1 establish guidelines for developing, submitting, and approving
2 such plans.
3 1. If the charter school fails to improve its student
4 performance from the year immediately prior to the
5 implementation of the school improvement plan, the sponsor
6 shall place the charter school on probation and shall require
7 the charter school governing body to take one of the following
8 corrective actions:
9 a. Contract for the educational services of the
10 charter school;
11 b. Reorganize the school at the end of the school year
12 under a new director or principal who is authorized to hire
13 new staff and implement a plan that addresses the causes of
14 inadequate progress; or
15 c. Reconstitute the charter school.
16 2. A charter school that is placed on probation shall
17 continue the corrective actions required under subparagraph 1.
18 until the charter school improves its student performance from
19 the year prior to the implementation of the school improvement
20 plan.
21 3. Notwithstanding any provision of this paragraph,
22 the sponsor may terminate the charter at any time pursuant to
23 the provisions of subsection (8).
24 Section 10. Subsection (7) and paragraph (a) of
25 subsection (8) of section 1002.415, Florida Statutes, are
26 amended to read:
27 1002.415 K-8 Virtual School Program.--Subject to
28 annual legislative appropriation, a kindergarten through grade
29 8 virtual school program is established within the Department
30 of Education for the purpose of making academic instruction
31 available to full-time students in kindergarten through grade
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1 8 using on-line and distance learning technology. The
2 department shall use an application process to select schools
3 to deliver program instruction.
4 (7) ASSESSMENT AND ACCOUNTABILITY.--
5 (a) Each K-8 virtual school must participate in the
6 statewide assessment program created under s. 1008.22 and
7 shall be subject to the school performance grading system
8 created by s. 1008.34.
9 (b) A K-8 virtual school that has a performance grade
10 category "Declining" of "D" or "F" must file a school
11 improvement plan with the department for consultation to
12 determine the causes for low performance and to develop a plan
13 for correction and improvement.
14 (c) The department shall terminate the contract of any
15 K-8 virtual school that receives a performance grade category
16 "Declining" of "D" or "F" for 2 years in a 3-year during any
17 consecutive 4-year period.
18 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF A
19 CONTRACT.--
20 (a) At the end of a contract with a K-8 virtual
21 school, the department may choose not to renew the contract
22 for any of the following grounds:
23 1. Failure to participate in the state's education
24 accountability system created in s. 1008.31, as required in
25 this section;
26 2. Failure to receive a school performance category
27 "Maintaining" grade of "C" or better under the school
28 performance grading system created by s. 1008.34 for any 2
29 years in a 3-year consecutive 4-year period;
30 3. Failure to meet generally accepted standards of
31 fiscal management;
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1 4. Violation of law;
2 5. Failure of the Legislature to fund the program; or
3 6. Other good cause shown.
4 Section 11. Paragraph (a) of subsection (1) of section
5 1003.62, Florida Statutes, is amended to read:
6 1003.62 Academic performance-based charter school
7 districts.--The State Board of Education may enter into a
8 performance contract with district school boards as authorized
9 in this section for the purpose of establishing them as
10 academic performance-based charter school districts. The
11 purpose of this section is to examine a new relationship
12 between the State Board of Education and district school
13 boards that will produce significant improvements in student
14 achievement, while complying with constitutional and statutory
15 requirements assigned to each entity.
16 (1) ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL
17 DISTRICT.--
18 (a) A school district shall be eligible for
19 designation as an academic performance-based charter school
20 district if it is a high-performing school district in which a
21 minimum of 50 percent of the schools earn a performance
22 category "Improving" grade of "A" or "B" and in which no
23 school earns a performance category "Declining" grade of "D"
24 or "F" for 2 consecutive years pursuant to s. 1008.34. Schools
25 that receive a grade of "I" or "N" shall not be included in
26 this calculation. The performance contract for a school
27 district that earns a charter based on school performance
28 grades shall be predicated on maintenance of at least 50
29 percent of the schools in the school district earning a
30 performance category "Improving" grade of "A" or "B" with no
31 school in the school district earning a performance category
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1 "Declining" grade of "D" or "F" for 2 consecutive years. A
2 school district in which the number of schools that earn a
3 performance category "Improving" grade of "A" or "B" is less
4 than 50 percent may have its charter renewed for 1 year;
5 however, if the percentage of performance category "Improving"
6 "A" or "B" schools is less than 50 percent for 2 consecutive
7 years, the charter shall not be renewed.
8 Section 12. Paragraph (b) of subsection (1) of section
9 1008.31, Florida Statutes, is amended to read:
10 1008.31 Florida's K-20 education performance
11 accountability system; legislative intent; mission, goals, and
12 systemwide measures; data quality improvements.--
13 (1) LEGISLATIVE INTENT.--It is the intent of the
14 Legislature that:
15 (b) The K-20 education performance accountability
16 system be established as a single, unified accountability
17 system with multiple components, including, but not limited
18 to, measures of adequate yearly progress, individual student
19 learning gains in public schools, school performance
20 categories grades, and return on investment.
21 Section 13. Paragraphs (b) and (d) of subsection (6)
22 and subsection (7) of section 1008.345, Florida Statutes, are
23 amended to read:
24 1008.345 Implementation of state system of school
25 improvement and education accountability.--
26 (6)
27 (b) Upon request, the department shall provide
28 technical assistance and training to any school, including any
29 school operating for the purpose of providing educational
30 services to youth in Department of Juvenile Justice programs,
31 school advisory council, district, or district school board
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1 for conducting needs assessments, developing and implementing
2 school improvement plans, developing and implementing
3 assistance and intervention plans, or implementing other
4 components of school improvement and accountability. Priority
5 for these services shall be given to schools designated with a
6 performance category "Declining" grade of "D" or "F" and
7 school districts in rural and sparsely populated areas of the
8 state.
9 (d) The commissioner shall assign a community
10 assessment team to each school district or governing board
11 with a school receiving a performance category "Declining"
12 graded "F" to review the school performance data and determine
13 causes for the low performance, including the role of school,
14 area, and district administrative personnel. The community
15 assessment team shall review a high school's graduation rate
16 calculated without GED tests for the past 3 years,
17 disaggregated by student ethnicity. The team shall make
18 recommendations to the school board or the governing board, to
19 the department, and to the State Board of Education for
20 implementing an assistance and intervention plan that will
21 address the causes of the school's low performance. The
22 assessment team shall include, but not be limited to, a
23 department representative, parents, business representatives,
24 educators, representatives of local governments, and community
25 activists, and shall represent the demographics of the
26 community from which they are appointed.
27 (7)(a) Schools designated with a performance category
28 "Improving" a grade of "A," making excellent progress, shall,
29 if requested by the school, be given deregulated status as
30 specified in s. 1003.63(5), (7), (8), (9), and (10).
31
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1 (b) Schools that have improved at least two grades and
2 that meet the criteria of the Florida School Recognition
3 Program pursuant to s. 1008.36 may be given deregulated status
4 as specified in s. 1003.63(5), (7), (8), (9), and (10).
5 Section 14. Paragraphs (h), (m), and (n) of subsection
6 (1) and paragraph (c) of subsection (7) of section 1011.62,
7 Florida Statutes, are amended to read:
8 1011.62 Funds for operation of schools.--If the annual
9 allocation from the Florida Education Finance Program to each
10 district for operation of schools is not determined in the
11 annual appropriations act or the substantive bill implementing
12 the annual appropriations act, it shall be determined as
13 follows:
14 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
15 OPERATION.--The following procedure shall be followed in
16 determining the annual allocation to each district for
17 operation:
18 (h) Small, isolated high schools.--Districts which
19 levy the maximum nonvoted discretionary millage, exclusive of
20 millage for capital outlay purposes levied pursuant to s.
21 1011.71(2), may calculate full-time equivalent students for
22 small, isolated high schools by multiplying the number of
23 unweighted full-time equivalent students times 2.75; provided
24 the school has attained a performance category "Maintaining"
25 grade of "C" or better, pursuant to s. 1008.34, for the
26 previous school year. For the purpose of this section, the
27 term "small, isolated high school" means any high school which
28 is located no less than 28 miles by the shortest route from
29 another high school; which has been serving students primarily
30 in basic studies provided by sub-subparagraphs (c)1.b. and c.
31 and may include subparagraph (c)4.; and which has a membership
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1 of no more than 100 students, but no fewer than 28 students,
2 in grades 9 through 12.
3 (m) Calculation of additional full-time equivalent
4 membership based on Advanced International Certificate of
5 Education examination scores of students.--A value of 0.24
6 full-time equivalent student membership shall be calculated
7 for each student enrolled in a full-credit Advanced
8 International Certificate of Education course who receives a
9 score of E or higher on a subject examination. A value of 0.12
10 full-time equivalent student membership shall be calculated
11 for each student enrolled in a half-credit Advanced
12 International Certificate of Education course who receives a
13 score of E or higher on a subject examination. A value of 0.3
14 full-time equivalent student membership shall be calculated
15 for each student who receives an Advanced International
16 Certificate of Education diploma. Such value shall be added to
17 the total full-time equivalent student membership in basic
18 programs for grades 9 through 12 in the subsequent fiscal
19 year. The school district shall distribute to each classroom
20 teacher who provided Advanced International Certificate of
21 Education instruction:
22 1. A bonus in the amount of $50 for each student
23 taught by the Advanced International Certificate of Education
24 teacher in each full-credit Advanced International Certificate
25 of Education course who receives a score of E or higher on the
26 Advanced International Certificate of Education examination. A
27 bonus in the amount of $25 for each student taught by the
28 Advanced International Certificate of Education teacher in
29 each half-credit Advanced International Certificate of
30 Education course who receives a score of E or higher on the
31 Advanced International Certificate of Education examination.
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1 2. An additional bonus of $500 to each Advanced
2 International Certificate of Education teacher in a school
3 designated with a performance category "Declining" grade of
4 "D" or "F" who has at least one student scoring E or higher on
5 the full-credit Advanced International Certificate of
6 Education examination, regardless of the number of classes
7 taught or of the number of students scoring an E or higher on
8 the full-credit Advanced International Certificate of
9 Education examination.
10 3. Additional bonuses of $250 each to teachers of
11 half-credit Advanced International Certificate of Education
12 classes in a school designated with a performance category
13 "Declining" grade of "D" or "F" which has at least one student
14 scoring an E or higher on the half-credit Advanced
15 International Certificate of Education examination in that
16 class. The maximum additional bonus for a teacher awarded in
17 accordance with this subparagraph shall not exceed $500 in any
18 given school year. Teachers receiving an award under
19 subparagraph 2. are not eligible for a bonus under this
20 subparagraph.
21
22 Bonuses awarded to a teacher according to this paragraph shall
23 not exceed $2,000 in any given school year and shall be in
24 addition to any regular wage or other bonus the teacher
25 received or is scheduled to receive.
26 (n) Calculation of additional full-time equivalent
27 membership based on college board advanced placement scores of
28 students.--A value of 0.24 full-time equivalent student
29 membership shall be calculated for each student in each
30 advanced placement course who receives a score of 3 or higher
31 on the College Board Advanced Placement Examination for the
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1 prior year and added to the total full-time equivalent student
2 membership in basic programs for grades 9 through 12 in the
3 subsequent fiscal year. Each district must allocate at least
4 80 percent of the funds provided to the district for advanced
5 placement instruction, in accordance with this paragraph, to
6 the high school that generates the funds. The school district
7 shall distribute to each classroom teacher who provided
8 advanced placement instruction:
9 1. A bonus in the amount of $50 for each student
10 taught by the Advanced Placement teacher in each advanced
11 placement course who receives a score of 3 or higher on the
12 College Board Advanced Placement Examination.
13 2. An additional bonus of $500 to each Advanced
14 Placement teacher in a school designated with a performance
15 category "Declining" grade of "D" or "F" who has at least one
16 student scoring 3 or higher on the College Board Advanced
17 Placement Examination, regardless of the number of classes
18 taught or of the number of students scoring a 3 or higher on
19 the College Board Advanced Placement Examination.
20
21 Bonuses awarded to a teacher according to this paragraph shall
22 not exceed $2,000 in any given school year and shall be in
23 addition to any regular wage or other bonus the teacher
24 received or is scheduled to receive.
25 (7) DETERMINATION OF SPARSITY SUPPLEMENT.--
26 (c) Each district's allocation of sparsity supplement
27 funds shall be adjusted in the following manner:
28 1. A maximum discretionary levy per FTE value for each
29 district shall be calculated by dividing the value of each
30 district's maximum discretionary levy by its FTE student
31 count.
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1 2. A state average discretionary levy value per FTE
2 shall be calculated by dividing the total maximum
3 discretionary levy value for all districts by the state total
4 FTE student count.
5 3. A total potential funds per FTE for each district
6 shall be calculated by dividing the total potential funds, not
7 including Every Child Matters Program Florida School
8 Recognition Program funds and the minimum guarantee, for each
9 district by its FTE student count.
10 4. A state average total potential funds per FTE shall
11 be calculated by dividing the total potential funds, not
12 including Every Child Matters Program Florida School
13 Recognition Program funds and the minimum guarantee, for all
14 districts by the state total FTE student count.
15 5. For districts that have a levy value per FTE as
16 calculated in subparagraph 1. higher than the state average
17 calculated in subparagraph 2., a sparsity wealth adjustment
18 shall be calculated as the product of the difference between
19 the state average levy value per FTE calculated in
20 subparagraph 2. and the district's levy value per FTE
21 calculated in subparagraph 1. and the district's FTE student
22 count and -1. However, no district shall have a sparsity
23 wealth adjustment that, when applied to the total potential
24 funds calculated in subparagraph 3., would cause the
25 district's total potential funds per FTE to be less than the
26 state average calculated in subparagraph 4.
27 6. Each district's sparsity supplement allocation
28 shall be calculated by adding the amount calculated as
29 specified in paragraphs (a) and (b) and the wealth adjustment
30 amount calculated in this paragraph.
31
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1 Section 15. Paragraph (a) of subsection (2) of section
2 1011.64, Florida Statutes, is amended to read:
3 1011.64 School district minimum classroom expenditure
4 requirements.--
5 (2) For the purpose of implementing the provisions of
6 this section, the Legislature shall prescribe minimum academic
7 performance standards and minimum classroom expenditure
8 requirements for districts not meeting such minimum academic
9 performance standards in the General Appropriations Act.
10 (a) Minimum academic performance standards may be
11 based on, but are not limited to, district performance grades
12 determined pursuant to s. 1008.34(7).
13 Section 16. Subsections (1), (2), and (5) of section
14 1012.2315, Florida Statutes, are amended to read:
15 1012.2315 Assignment of teachers.--
16 (1) LEGISLATIVE FINDINGS AND INTENT.--The Legislature
17 finds disparities between teachers assigned to teach in a
18 majority of "A" graded schools receiving a performance
19 category "Improving" and teachers assigned to teach in a
20 majority of "F" graded schools receiving a performance
21 category "Declining". The disparities can be found in the
22 average years of experience, the median salary, and the
23 performance of the teachers on teacher certification
24 examinations. It is the intent of the Legislature that
25 district school boards have flexibility through the collective
26 bargaining process to assign teachers more equitably across
27 the schools in the district.
28 (2) ASSIGNMENT TO SCHOOLS. GRADED "D" OR "F."--School
29 districts may not assign a higher percentage than the school
30 district average of first-time teachers, temporarily certified
31 teachers, teachers in need of improvement, or out-of-field
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1 teachers to schools with above the school district average of
2 minority and economically disadvantaged students or schools
3 that are designated performance category "Declining." graded "
4 D" or "F." Each school district shall annually certify to the
5 Commissioner of Education that this requirement has been met.
6 If the commissioner determines that a school district is not
7 in compliance with this subsection, the State Board of
8 Education shall be notified and shall take action pursuant to
9 s. 1008.32 in the next regularly scheduled meeting to require
10 compliance.
11 (5) REPORT.--Schools receiving a performance category
12 "Declining" graded "D" or "F" shall annually report their
13 teacher-retention rate. Included in this report shall be
14 reasons listed for leaving by each teacher who left the school
15 for any reason.
16 Section 17. This act shall take effect July 1, 2007.
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