HB 971

1	A bill to be entitled
2	An act relating to public school education; amending s.
3	1002.31, F.S.; requiring reimbursement to school districts
4	for reasonable costs for student transportation to certain
5	schools and choice programs; amending ss. 1003.428,
6	1003.429, 1003.43, 1003.433, and 1008.22, F.S.; deleting
7	the requirement that a student earn a passing score on the
8	Florida Comprehensive Assessment Test (FCAT) for purposes
9	of high school graduation; revising components of the
10	FCAT; revising provisions relating to the use of
11	concordant scores; amending s. 1008.25, F.S.; deleting
12	mandatory retention for certain grade 3 students;
13	authorizing certain promotion for good cause; amending s.
14	1008.33, F.S.; revising provisions relating to state board
15	intervention in the operation of a district school system;
16	requiring State Board of Education rulemaking relating to
17	school performance; amending s. 1008.34, F.S.; changing
18	the school grading system to a school performance system;
19	specifying school performance categories and the basis for
20	designating such categories; providing for determination
21	of school district performance; authorizing school
22	districts to give certain schools increased budget
23	authority; amending s. 1008.341, F.S.; revising provisions
24	relating to the school improvement rating for alternative
25	schools, to conform; amending s. 1008.36, F.S.; changing
26	the Florida School Recognition Program to the Every Child
27	Matters Program; providing intent and purpose of the
28	program; providing for financial assistance to schools
29	providing remediation and intervention services to certain
30	students; specifying the uses of program funds; providing
31	Department of Education duties; amending ss. 1001.42,
32	1002.33, 1002.415, 1003.62, 1003.621, 1008.31, 1008.345,
33	1011.62, 1011.64, and 1012.2315, F.S.; conforming
34	provisions; providing an effective date.
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1.  Subsection (3) and paragraph (c) of subsection
39	(5) of section 1002.31, Florida Statutes, are amended to read:
40	1002.31  Public school parental choice.--
41	(3)  Each district school board shall develop a controlled
42	open enrollment plan which describes the implementation of
43	subsection (2). Each school district shall be reimbursed for
44	reasonable costs of providing transportation for students who
45	attend a public school or choice program other than the school
46	to which the student is assigned through the allocation of Every
47	Child Matters Program funds by the Department of Education
48	pursuant to s. 1008.36.
49	(5)  Each school district shall develop a system of
50	priorities for its plan that includes consideration of the
51	following:
52	(c)  A process that allows encourages placement of siblings
53	within the same school.
54	Section 2.  Subsection (4), paragraph (b) of subsection
55	(7), and subsection (8) of section 1003.428, Florida Statutes,
56	are amended to read:
57	1003.428  General requirements for high school graduation;
58	revised.--
59	(4)  Each district school board shall establish standards
60	for graduation from its schools, which must include:
61	(a)  Successful completion of the academic credit or
62	curriculum requirements of subsections (1) and (2).
63	(b)  Earning passing scores on the FCAT, as defined in s.
64	1008.22(3)(c), or scores on a standardized test that are
65	concordant with passing scores on the FCAT as defined in s.
66	1008.22(9).
67	(b)(c)  Completion of all other applicable requirements
68	prescribed by the district school board pursuant to s. 1008.25.
69	(c)(d)  Achievement of a cumulative grade point average of
70	2.0 on a 4.0 scale, or its equivalent, in the courses required
71	by this section.
72
73	Each district school board shall adopt policies designed to
74	assist students in meeting the requirements of this subsection.
75	These policies may include, but are not limited to: forgiveness
76	policies, summer school or before or after school attendance,
77	special counseling, volunteers or peer tutors, school-sponsored
78	help sessions, homework hotlines, and study skills classes.
79	Forgiveness policies for required courses shall be limited to
80	replacing a grade of "D" or "F," or the equivalent of a grade of
81	"D" or "F," with a grade of "C" or higher, or the equivalent of
82	a grade of "C" or higher, earned subsequently in the same or
83	comparable course. Forgiveness policies for elective courses
84	shall be limited to replacing a grade of "D" or "F," or the
85	equivalent of a grade of "D" or "F," with a grade of "C" or
86	higher, or the equivalent of a grade of "C" or higher, earned
87	subsequently in another course. The only exception to these
88	forgiveness policies shall be made for a student in the middle
89	grades who takes any high school course for high school credit
90	and earns a grade of "C," "D," or "F" or the equivalent of a
91	grade of "C," "D," or "F." In such case, the district
92	forgiveness policy must allow the replacement of the grade with
93	a grade of "C" or higher, or the equivalent of a grade of "C" or
94	higher, earned subsequently in the same or comparable course. In
95	all cases of grade forgiveness, only the new grade shall be used
96	in the calculation of the student's grade point average. Any
97	course grade not replaced according to a district school board
98	forgiveness policy shall be included in the calculation of the
99	cumulative grade point average required for graduation.
100	(7)
101	(b)  A student who completes the minimum number of credits
102	and other requirements prescribed by subsections (1), (2), and
103	(3), but who is unable to meet the standards of paragraph (4)(b)
104	or, paragraph (4)(c), or paragraph (4)(d), shall be awarded a
105	certificate of completion in a form prescribed by the State
106	Board of Education. However, any student who is otherwise
107	entitled to a certificate of completion may elect to remain in
108	the secondary school either as a full-time student or a part-
109	time student for up to 1 additional year and receive special
110	instruction designed to remedy his or her identified
111	deficiencies.
112	(8)(a)  Each district school board must provide instruction
113	to prepare students with disabilities to demonstrate proficiency
114	in the skills and competencies necessary for successful grade-
115	to-grade progression and high school graduation.
116	(b)  A student with a disability, as defined in s.
117	1007.02(2), for whom the individual education plan (IEP)
118	committee determines that the FCAT cannot accurately measure the
119	student's abilities taking into consideration all allowable
120	accommodations, shall have the FCAT requirement of paragraph
121	(4)(b) waived for the purpose of receiving a standard high
122	school diploma, if the student:
123	1.  Completes the minimum number of credits and other
124	requirements prescribed by subsections (1), (2), and (3).
125	2.  Does not meet the requirements of paragraph (4)(b)
126	after one opportunity in 10th grade and one opportunity in 11th
127	grade.
128	Section 3.  Subsection (6) of section 1003.429, Florida
129	Statutes, is amended to read:
130	1003.429  Accelerated high school graduation options.--
131	(6)  Students pursuing accelerated 3-year high school
132	graduation options pursuant to paragraph (1)(b) or paragraph
133	(1)(c) are required to:
134	(a)  Earn passing scores on the FCAT as defined in s.
135	1008.22(3)(c) or scores on a standardized test that are
136	concordant with passing scores on the FCAT as defined in s.
137	1008.22(9).
138	(a)(b)1.  Achieve a cumulative weighted grade point average
139	of 3.5 on a 4.0 scale, or its equivalent, in the courses
140	required for the college preparatory accelerated 3-year high
141	school graduation option pursuant to paragraph (1)(b); or
142	2.  Achieve a cumulative weighted grade point average of
143	3.0 on a 4.0 scale, or its equivalent, in the courses required
144	for the career preparatory accelerated 3-year high school
145	graduation option pursuant to paragraph (1)(c).
146	(b)(c)  Receive a weighted or unweighted grade that earns
147	at least 3.0 points, or its equivalent, to earn course credit
148	toward the 18 credits required for the college preparatory
149	accelerated 3-year high school graduation option pursuant to
150	paragraph (1)(b).
151	(c)(d)  Receive a weighted or unweighted grade that earns
152	at least 2.0 points, or its equivalent, to earn course credit
153	toward the 18 credits required for the career preparatory
154	accelerated 3-year high school graduation option pursuant to
155	paragraph (1)(c).
156
157	Weighted grades referred to in paragraphs (a), (b), and (c), and
158	(d) shall be applied to those courses specifically listed or
159	identified by the department as rigorous pursuant to s.
160	1009.531(3) or weighted by the district school board for class
161	ranking purposes.
162	Section 4.  Subsection (5), paragraph (b) of subsection
163	(10), and subsection (11) of section 1003.43, Florida Statutes,
164	are amended to read:
165	1003.43  General requirements for high school graduation.--
166	(5)  Each district school board shall establish standards
167	for graduation from its schools, and these standards must
168	include:
169	(a)  Earning passing scores on the FCAT, as defined in s.
170	1008.22(3)(c), or scores on a standardized test that are
171	concordant with passing scores on the FCAT as defined in s.
172	1008.22(9).
173	(a)(b)  Completion of all other applicable requirements
174	prescribed by the district school board pursuant to s. 1008.25.
175	(b)(c)  Achievement of a cumulative grade point average of
176	1.5 on a 4.0 scale, or its equivalent, for students entering 9th
177	grade before the 1997-1998 school year; however, these students
178	must earn a cumulative grade point average of 2.0 on a 4.0
179	scale, or its equivalent, in the courses required by subsection
180	(1) that are taken after July 1, 1997, or have an overall
181	cumulative grade point average of 2.0 or above.
182	(c)(d)  Achievement of a cumulative grade point average of
183	2.0 on a 4.0 scale, or its equivalent, in the courses required
184	by subsection (1), for students entering 9th grade in the 1997-
185	1998 school year and thereafter.
186	(d)(e)  For purposes of paragraphs (b) and (c) and (d):
187	1.  Each district school board shall adopt policies
188	designed to assist students in meeting these requirements. These
189	policies may include, but are not limited to: forgiveness
190	policies, summer school or before or after school attendance,
191	special counseling, volunteer and/or peer tutors, school-
192	sponsored help sessions, homework hotlines, and study skills
193	classes. Beginning in the 2000-2001 school year and each year
194	thereafter, forgiveness policies for required courses shall be
195	limited to replacing a grade of "D" or "F," or the equivalent of
196	a grade of "D" or "F," with a grade of "C" or higher, or the
197	equivalent of a grade of "C" or higher, earned subsequently in
198	the same or comparable course. Forgiveness policies for elective
199	courses shall be limited to replacing a grade of "D" or "F," or
200	the equivalent of a grade of "D" or "F," with a grade of "C" or
201	higher, or the equivalent of a grade of "C" or higher, earned
202	subsequently in another course. Any course grade not replaced
203	according to a district school board forgiveness policy shall be
204	included in the calculation of the cumulative grade point
205	average required for graduation.
206	2.  At the end of each semester, the parent of each student
207	in grades 9, 10, 11, and 12 who has a cumulative grade point
208	average of less than 0.5 above the cumulative grade point
209	average required for graduation shall be notified that the
210	student is at risk of not meeting the requirements for
211	graduation. The notice shall contain an explanation of the
212	policies the district school board has in place to assist the
213	student in meeting the grade point average requirement.
214	3.  Special assistance to obtain a high school equivalency
215	diploma pursuant to s. 1003.435 may be given only when the
216	student has completed all requirements for graduation except the
217	attainment of the required cumulative grade point average.
218
219	The standards required in this subsection, and any subsequent
220	modifications, shall be reprinted in the Florida Administrative
221	Code even though not defined as "rules."
222	(10)
223	(b)  A student who completes the minimum number of credits
224	and other requirements prescribed by subsections (1) and (4),
225	but who is unable to meet the standards of paragraph (5)(a) or,
226	paragraph (5)(b), or paragraph (5)(c), shall be awarded a
227	certificate of completion in a form prescribed by the State
228	Board of Education. However, any student who is otherwise
229	entitled to a certificate of completion may elect to remain in
230	the secondary school either as a full-time student or a part-
231	time student for up to 1 additional year and receive special
232	instruction designed to remedy his or her identified
233	deficiencies.
234	(11)(a)  Each district school board must provide
235	instruction to prepare students with disabilities to demonstrate
236	proficiency in the skills and competencies necessary for
237	successful grade-to-grade progression and high school
238	graduation.
239	(b)  A student with a disability, as defined in s.
240	1007.02(2), for whom the individual educational plan (IEP)
241	committee determines that the FCAT cannot accurately measure the
242	student's abilities taking into consideration all allowable
243	accommodations, shall have the FCAT requirement of paragraph
244	(5)(a) waived for the purpose of receiving a standard high
245	school diploma, if the student:
246	1.  Completes the minimum number of credits and other
247	requirements prescribed by subsections (1) and (4).
248	2.  Does not meet the requirements of paragraph (5)(a)
249	after one opportunity in 10th grade and one opportunity in 11th
250	grade.
251	Section 5.  Subsection (1) of section 1003.433, Florida
252	Statutes, is amended to read:
253	1003.433  Learning opportunities for out-of-state and out-
254	of-country transfer students and students needing additional
255	instruction to meet high school graduation requirements.--
256	(1)  Students who enter a Florida public school at the
257	eleventh or twelfth grade from out of state or from a foreign
258	country shall not be required to spend additional time in a
259	Florida public school in order to meet the high school course
260	requirements if the student has met all requirements of the
261	school district, state, or country from which he or she is
262	transferring. Such students who are not proficient in English
263	should receive immediate and intensive instruction in English
264	language acquisition. However, to receive a standard high school
265	diploma, a transfer student must earn a 2.0 grade point average
266	and pass the grade 10 FCAT required in s. 1008.22(3) or an
267	alternate assessment as described in s. 1008.22(9).
268	Section 6.  Paragraph (c) of subsection (3) and subsection
269	(9) of section 1008.22, Florida Statutes, are amended to read:
270	1008.22  Student assessment program for public schools.--
271	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
272	design and implement a statewide program of educational
273	assessment that provides information for the improvement of the
274	operation and management of the public schools, including
275	schools operating for the purpose of providing educational
276	services to youth in Department of Juvenile Justice programs.
277	The commissioner may enter into contracts for the continued
278	administration of the assessment, testing, and evaluation
279	programs authorized and funded by the Legislature. Contracts may
280	be initiated in 1 fiscal year and continue into the next and may
281	be paid from the appropriations of either or both fiscal years.
282	The commissioner is authorized to negotiate for the sale or
283	lease of tests, scoring protocols, test scoring services, and
284	related materials developed pursuant to law. Pursuant to the
285	statewide assessment program, the commissioner shall:
286	(c)  Develop and implement a student achievement testing
287	program known as the Florida Comprehensive Assessment Test
288	(FCAT) as part of the statewide assessment program to measure
289	all aspects of every student's public education experience as
290	determined by the Department of Education reading, writing,
291	science, and mathematics. Other Content areas may be included as
292	directed by the commissioner. The assessment of reading and
293	mathematics shall be administered annually in grades 3 through
294	10. The assessment of writing and science shall be administered
295	at least once at the elementary, middle, and high school levels.
296	The commissioner must document the procedures used to ensure
297	that the versions of the FCAT which are taken by students
298	retaking the grade 10 FCAT are equally as challenging and
299	difficult as the tests taken by students in grade 10 which
300	contain performance tasks. The testing program must be designed
301	so that:
302	1.  The tests measure student skills and competencies
303	adopted by the State Board of Education as specified in
304	paragraph (a). The tests must measure and report student
305	proficiency levels of all students assessed in reading, writing,
306	mathematics, and science. The commissioner shall provide for the
307	tests to be developed or obtained, as appropriate, through
308	contracts and project agreements with private vendors, public
309	vendors, public agencies, postsecondary educational
310	institutions, or school districts. The commissioner shall obtain
311	input with respect to the design and implementation of the
312	testing program from state educators, assistive technology
313	experts, and the public.
314	2.  The testing program will include a combination of norm-
315	referenced and criterion-referenced tests and include, to the
316	extent determined by the commissioner, questions that require
317	the student to produce information or perform tasks in such a
318	way that the skills and competencies he or she uses can be
319	measured.
320	3.  Each testing program, whether at the elementary,
321	middle, or high school level, includes a test of writing in
322	which students are required to produce writings that are then
323	scored by appropriate and timely methods.
324	4.  A score is designated for each subject area tested,
325	below which score a student's performance is deemed inadequate.
326	The school districts shall provide appropriate remedial
327	instruction to students who score below these levels.
328	5.  Except as provided in s. 1003.428(8)(b) or s.
329	1003.43(11)(b), students must earn a passing score on the grade
330	10 assessment test described in this paragraph or attain
331	concordant scores as described in subsection (9) in reading,
332	writing, and mathematics to qualify for a standard high school
333	diploma. The State Board of Education shall designate a passing
334	score for each part of the grade 10 assessment test. In
335	establishing passing scores, the state board shall consider any
336	possible negative impact of the test on minority students. The
337	State Board of Education shall adopt rules which specify the
338	passing scores for the grade 10 FCAT. Any such rules, which have
339	the effect of raising the required passing scores, shall only
340	apply to students taking the grade 10 FCAT for the first time
341	after such rules are adopted by the State Board of Education.
342	5.6.  Participation in the testing program is mandatory for
343	all students attending public school, including students served
344	in Department of Juvenile Justice programs, except as otherwise
345	prescribed by the commissioner. If a student does not
346	participate in the statewide assessment, the district must
347	notify the student's parent and provide the parent with
348	information regarding the implications of such nonparticipation.
349	A parent must provide signed consent for a student to receive
350	classroom instructional accommodations that would not be
351	available or permitted on the statewide assessments and must
352	acknowledge in writing that he or she understands the
353	implications of such instructional accommodations. The State
354	Board of Education shall adopt rules, based upon recommendations
355	of the commissioner, for the provision of test accommodations
356	for students in exceptional education programs and for students
357	who have limited English proficiency. Accommodations that negate
358	the validity of a statewide assessment are not allowable in the
359	administration of the FCAT. However, instructional
360	accommodations are allowable in the classroom if included in a
361	student's individual education plan. Students using
362	instructional accommodations in the classroom that are not
363	allowable as accommodations on the FCAT may have the FCAT
364	requirement waived pursuant to the requirements of s.
365	1003.428(8)(b) or s. 1003.43(11)(b).
366	6.7.  A student seeking an adult high school diploma must
367	meet the same testing requirements that a regular high school
368	student must meet.
369	7.8.  District school boards must provide instruction to
370	prepare students to demonstrate proficiency in the skills and
371	competencies necessary for successful grade-to-grade progression
372	and high school graduation. If a student is provided with
373	instructional accommodations in the classroom that are not
374	allowable as accommodations in the statewide assessment program,
375	as described in the test manuals, the district must inform the
376	parent in writing and must provide the parent with information
377	regarding the impact on the student's ability to meet expected
378	proficiency levels in reading, writing, and math. The
379	commissioner shall conduct studies as necessary to verify that
380	the required skills and competencies are part of the district
381	instructional programs.
382	8.9.  District school boards must provide opportunities for
383	students to demonstrate an acceptable level of performance on an
384	alternative standardized assessment approved by the State Board
385	of Education following enrollment in summer academies.
386	9.10.  The Department of Education must develop, or select,
387	and implement a common battery of assessment tools that will be
388	used in all juvenile justice programs in the state. These tools
389	must accurately measure the skills and competencies established
390	in the Sunshine State Standards.
391	10.11.  For students seeking a special diploma pursuant to
392	s. 1003.438, the Department of Education must develop or select
393	and implement an alternate assessment tool that accurately
394	measures the skills and competencies established in the Sunshine
395	State Standards for students with disabilities under s.
396	1003.438.
397
398	The commissioner may, based on collaboration and input from
399	school districts, design and implement student testing programs,
400	for any grade level and subject area, necessary to effectively
401	monitor educational achievement in the state, including the
402	measurement of educational achievement of the Sunshine State
403	Standards for students with disabilities. Development and
404	refinement of assessments shall include universal design
405	principles and accessibility standards that will prevent any
406	unintended obstacles for students with disabilities while
407	ensuring the validity and reliability of the test. These
408	principles should be applicable to all technology platforms and
409	assistive devices available for the assessments. The field
410	testing process and psychometric analyses for the statewide
411	assessment program must include an appropriate percentage of
412	students with disabilities and an evaluation or determination of
413	the effect of test items on such students.
414	(9)  CONCORDANT SCORES FOR THE FCAT.--
415	(a)  The State Board of Education shall analyze the content
416	and concordant data sets for widely used high school achievement
417	tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,
418	and College Placement Test, to assess if concordant scores for
419	FCAT scores can be determined for high school graduation,
420	college placement, and scholarship awards. In cases where
421	content alignment and concordant scores can be determined, the
422	Commissioner of Education shall adopt those scores as meeting
423	the graduation requirement in lieu of achieving the FCAT passing
424	score and may adopt those scores as being sufficient to achieve
425	additional purposes as determined by rule. Each time that test
426	content or scoring procedures are changed for the FCAT or one of
427	the identified tests, new concordant scores must be determined.
428	(b)  In order to use a concordant subject area score
429	pursuant to this subsection to satisfy the assessment
430	requirement for a standard high school diploma as provided in s.
431	1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
432	take each subject area of the grade 10 FCAT a total of three
433	times without earning a passing score. The requirements of this
434	paragraph shall not apply to a new student who enters the
435	Florida public school system in grade 12, who may either achieve
436	a passing score on the FCAT or use an approved subject area
437	concordant score to fulfill the graduation requirement.
438	(b)(c)  The State Board of Education may define by rule the
439	allowable uses, other than to satisfy the high school graduation
440	requirement, for concordant scores as described in this
441	subsection. Such uses may include, but need not be limited to,
442	achieving appropriate standardized test scores required for the
443	awarding of Florida Bright Futures Scholarships and college
444	placement.
445	Section 7.  Paragraphs (b) and (c) of subsection (5),
446	paragraphs (b) and (c) of subsection (6), and paragraph (b) of
447	subsection (7) of section 1008.25, Florida Statutes, are amended
448	to read:
449	1008.25  Public school student progression; remedial
450	instruction; reporting requirements.--
451	(5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.--
452	(b)  Beginning with the 2002-2003 school year, if the
453	student's reading deficiency, as identified in paragraph (a), is
454	not remedied by the end of grade 3, as demonstrated by scoring
455	at Level 2 or higher on the statewide assessment test in reading
456	for grade 3, the student may must be retained at the discretion
457	of the teacher and principal after consultation with the
458	student's parent.
459	(c)  The parent of any student who exhibits a substantial
460	deficiency in reading, as described in paragraph (a), must be
461	notified in writing of the following:
462	1.  That his or her child has been identified as having a
463	substantial deficiency in reading.
464	2.  A description of the current services that are provided
465	to the child.
466	3.  A description of the proposed supplemental
467	instructional services and supports that will be provided to the
468	child that are designed to remediate the identified area of
469	reading deficiency.
470	4.  That if the child's reading deficiency is not
471	remediated by the end of grade 3, the child may must be retained
472	unless he or she is exempt from mandatory retention for good
473	cause.
474	5.  Strategies for parents to use in helping their child
475	succeed in reading proficiency.
476	6.  That the Florida Comprehensive Assessment Test (FCAT)
477	is not the sole determiner of promotion and that additional
478	evaluations, portfolio reviews, and assessments are available to
479	the child to assist parents and the school district in knowing
480	when a child is reading at or above grade level and ready for
481	grade promotion.
482	7.  The district's specific criteria and policies for
483	midyear promotion. Midyear promotion means promotion of a
484	retained student at any time during the year of retention once
485	the student has demonstrated ability to read at grade level.
486	(6)  ELIMINATION OF SOCIAL PROMOTION.--
487	(b)  The district school board may promote students only
488	exempt students from mandatory retention, as provided in
489	paragraph (5)(b), for good cause. Students promoted for good
490	cause may include, but are not limited to, exemptions shall be
491	limited to the following:
492	1.  Limited English proficient students who have had less
493	than 2 years of instruction in an English for Speakers of Other
494	Languages program.
495	2.  Students with disabilities whose individual education
496	plan indicates that participation in the statewide assessment
497	program is not appropriate, consistent with the requirements of
498	State Board of Education rule.
499	3.  Students who demonstrate an acceptable level of
500	performance on an alternative standardized reading assessment
501	approved by the State Board of Education.
502	4.  Students who demonstrate, through a student portfolio,
503	that the student is reading on grade level as evidenced by
504	demonstration of mastery of the Sunshine State Standards in
505	reading equal to at least a Level 2 performance on the FCAT.
506	5.  Students with disabilities who participate in the FCAT
507	and who have an individual education plan or a Section 504 plan
508	that reflects that the student has received intensive
509	remediation in reading for more than 2 years but still
510	demonstrates a deficiency in reading and was previously retained
511	in kindergarten, grade 1, grade 2, or grade 3.
512	6.  Students who have received intensive remediation in
513	reading for 2 or more years but still demonstrate a deficiency
514	in reading and who were previously retained in kindergarten,
515	grade 1, grade 2, or grade 3 for a total of 2 years. Intensive
516	reading instruction for students so promoted must include an
517	altered instructional day that includes specialized diagnostic
518	information and specific reading strategies for each student.
519	The district school board shall assist schools and teachers to
520	implement reading strategies that research has shown to be
521	successful in improving reading among low-performing readers.
522	(c)  Promotion for good cause Requests for good cause
523	exemptions for students from the mandatory retention requirement
524	as described in subparagraphs (b)3. and 4. shall be made
525	consistent with the following:
526	1.  Documentation shall be submitted from the student's
527	teacher to the school principal that indicates that the
528	promotion of the student is appropriate and is based upon the
529	student's academic record. In order to minimize paperwork
530	requirements, such documentation shall consist only of the
531	existing progress monitoring plan, individual educational plan,
532	if applicable, report card, or student portfolio.
533	2.  The school principal shall review and discuss such
534	recommendation with the teacher and make the determination as to
535	whether the student should be promoted or retained. If the
536	school principal determines that the student should be promoted,
537	the school principal shall make such recommendation in writing
538	to the district school superintendent. The district school
539	superintendent shall accept or reject the school principal's
540	recommendation in writing.
541	(7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.--
542	(b)  Beginning with the 2004-2005 school year, each school
543	district shall:
544	1.  Conduct a review of student progress monitoring plans
545	for all students who did not score above Level 1 on the reading
546	portion of the FCAT and did not meet the criteria for one of the
547	good cause exemptions in paragraph (6)(b). The review shall
548	address additional supports and services, as described in this
549	subsection, needed to remediate the identified areas of reading
550	deficiency. The school district shall require a student
551	portfolio to be completed for each such student.
552	2.  Provide students who are retained under the provisions
553	of paragraph (5)(b) with intensive instructional services and
554	supports to remediate the identified areas of reading
555	deficiency, including a minimum of 90 minutes of daily,
556	uninterrupted, scientifically research-based reading instruction
557	and other strategies prescribed by the school district, which
558	may include, but are not limited to:
559	a.  Small group instruction.
560	b.  Reduced teacher-student ratios.
561	c.  More frequent progress monitoring.
562	d.  Tutoring or mentoring.
563	e.  Transition classes containing 3rd and 4th grade
564	students.
565	f.  Extended school day, week, or year.
566	g.  Summer reading camps.
567	3.  Provide written notification to the parent of any
568	student who is retained under the provisions of paragraph (5)(b)
569	that his or her child has not met the proficiency level required
570	for promotion and the reasons the child is not eligible for
571	promotion a good cause exemption as provided in paragraph
572	(6)(b). The notification must comply with the provisions of s.
573	1002.20(15) and must include a description of proposed
574	interventions and supports that will be provided to the child to
575	remediate the identified areas of reading deficiency.
576	4.  Implement a policy for the midyear promotion of any
577	student retained under the provisions of paragraph (5)(b) who
578	can demonstrate that he or she is a successful and independent
579	reader, reading at or above grade level, and ready to be
580	promoted to grade 4. Tools that school districts may use in
581	reevaluating any student retained may include subsequent
582	assessments, alternative assessments, and portfolio reviews, in
583	accordance with rules of the State Board of Education. Students
584	promoted during the school year after November 1 must
585	demonstrate proficiency above that required to score at Level 2
586	on the grade 3 FCAT, as determined by the State Board of
587	Education. The State Board of Education shall adopt standards
588	that provide a reasonable expectation that the student's
589	progress is sufficient to master appropriate 4th grade level
590	reading skills.
591	5.  Provide students who are retained under the provisions
592	of paragraph (5)(b) with a high-performing teacher as determined
593	by student performance data and above-satisfactory performance
594	appraisals.
595	6.  In addition to required reading enhancement and
596	acceleration strategies, provide parents of students to be
597	retained with at least one of the following instructional
598	options:
599	a.  Supplemental tutoring in scientifically research-based
600	reading services in addition to the regular reading block,
601	including tutoring before and/or after school.
602	b.  A "Read at Home" plan outlined in a parental contract,
603	including participation in "Families Building Better Readers
604	Workshops" and regular parent-guided home reading.
605	c.  A mentor or tutor with specialized reading training.
606	7.  Establish a Reading Enhancement and Acceleration
607	Development (READ) Initiative. The focus of the READ Initiative
608	shall be to prevent the retention of grade 3 students and to
609	offer intensive accelerated reading instruction to grade 3
610	students who failed to meet standards for promotion to grade 4
611	and to each K-3 student who is assessed as exhibiting a reading
612	deficiency. The READ Initiative shall:
613	a.  Be provided to all K-3 students at risk of retention as
614	identified by the statewide assessment system used in Reading
615	First schools. The assessment must measure phonemic awareness,
616	phonics, fluency, vocabulary, and comprehension.
617	b.  Be provided during regular school hours in addition to
618	the regular reading instruction.
619	c.  Provide a state-identified reading curriculum that has
620	been reviewed by the Florida Center for Reading Research at
621	Florida State University and meets, at a minimum, the following
622	specifications:
623	(I)  Assists students assessed as exhibiting a reading
624	deficiency in developing the ability to read at grade level.
625	(II)  Provides skill development in phonemic awareness,
626	phonics, fluency, vocabulary, and comprehension.
627	(III)  Provides scientifically based and reliable
628	assessment.
629	(IV)  Provides initial and ongoing analysis of each
630	student's reading progress.
631	(V)  Is implemented during regular school hours.
632	(VI)  Provides a curriculum in core academic subjects to
633	assist the student in maintaining or meeting proficiency levels
634	for the appropriate grade in all academic subjects.
635	8.  Establish at each school, where applicable, an
636	Intensive Acceleration Class for retained grade 3 students who
637	subsequently score at Level 1 on the reading portion of the
638	FCAT. The focus of the Intensive Acceleration Class shall be to
639	increase a child's reading level at least two grade levels in 1
640	school year. The Intensive Acceleration Class shall:
641	a.  Be provided to any student in grade 3 who scores at
642	Level 1 on the reading portion of the FCAT and who was retained
643	in grade 3 the prior year because of scoring at Level 1 on the
644	reading portion of the FCAT.
645	b.  Have a reduced teacher-student ratio.
646	c.  Provide uninterrupted reading instruction for the
647	majority of student contact time each day and incorporate
648	opportunities to master the grade 4 Sunshine State Standards in
649	other core subject areas.
650	d.  Use a reading program that is scientifically research-
651	based and has proven results in accelerating student reading
652	achievement within the same school year.
653	e.  Provide intensive language and vocabulary instruction
654	using a scientifically research-based program, including use of
655	a speech-language therapist.
656	f.  Include weekly progress monitoring measures to ensure
657	progress is being made.
658	g.  Report to the Department of Education, in the manner
659	described by the department, the progress of students in the
660	class at the end of the first semester.
661	9.  Report to the State Board of Education, as requested,
662	on the specific intensive reading interventions and supports
663	implemented at the school district level. The Commissioner of
664	Education shall annually prescribe the required components of
665	requested reports.
666	10.  Provide a student who has been retained in grade 3 and
667	has received intensive instructional services but is still not
668	ready for grade promotion, as determined by the school district,
669	the option of being placed in a transitional instructional
670	setting. Such setting shall specifically be designed to produce
671	learning gains sufficient to meet grade 4 performance standards
672	while continuing to remediate the areas of reading deficiency.
673	Section 8.  Subsections (1) and (2) of section 1008.33,
674	Florida Statutes, are amended to read:
675	1008.33  Authority to enforce public school
676	improvement.--It is the intent of the Legislature that all
677	public schools be held accountable for students performing at
678	acceptable levels. A system of school improvement and
679	accountability that assesses student performance by school,
680	identifies schools in which students are not making adequate
681	progress toward state standards, institutes appropriate measures
682	for enforcing improvement, and provides rewards and sanctions
683	based on performance shall be the responsibility of the State
684	Board of Education.
685	(1)(a)  Pursuant to Art. IX of the State Constitution
686	prescribing the duty of the State Board of Education to
687	supervise Florida's public school system and notwithstanding any
688	other statutory provisions to the contrary, the State Board of
689	Education shall intervene in the operation of a district school
690	system when one or more schools in the school district have
691	failed to make adequate progress for 2 school years in a 3-year
692	4-year period. For purposes of determining when a school is
693	eligible for state board action and opportunity scholarships for
694	its students, the term terms "2 years in any 4-year period" and
695	"2 school years in a 3-year 4-year period" means mean that in
696	any year that a school has a performance category "Declining,"
697	grade of "F," the school is eligible for state board action and
698	opportunity scholarships for its students if it also has had a
699	performance category "Declining" grade of "F" in any of the
700	previous 2 3 school years. The State Board of Education may
701	determine that the school district or school has not taken steps
702	sufficient for students in the school to be academically well
703	served. Considering recommendations of the Commissioner of
704	Education, the State Board of Education shall recommend action
705	to a district school board intended to improve educational
706	services to students in each school that is designated with a
707	performance category "Declining." grade of "F." Recommendations
708	for actions to be taken in the school district shall be made
709	only after thorough consideration of the unique characteristics
710	of a school, which shall include student mobility rates, the
711	number and type of exceptional students enrolled in the school,
712	and the availability of options for improved educational
713	services. The state board shall adopt by rule steps to follow in
714	this process. Such steps shall provide school districts
715	sufficient time to improve student performance in schools and
716	the opportunity to present evidence of assistance and
717	interventions that the district school board has implemented.
718	(b)  A school shall not receive a performance category
719	"Declining" if it has an overall increase in student
720	achievement. This safe-harbor threshold for such a school shall
721	be based on annualized, multiyear improvements documented for
722	the top 25 percent of Florida schools for that grade level.
723	(c)  A school shall not receive a performance category
724	"Declining" if it falls below its previous year's grade or
725	performance category but maintains adequate performance
726	standards compared to other public schools in the state.
727	(d)  The State Board of Education shall determine by rule
728	the criteria for designating "Improving," "Maintaining," and
729	"Declining" performance categories for the purposes of the state
730	performance accountability system pursuant to s. 1008.34.
731	(2)  The State Board of Education may recommend one or more
732	of the following actions to district school boards to enable
733	students in schools designated as performance category
734	"Declining" with a grade of "F" to be academically well served
735	by the public school system:
736	(a)  Provide additional resources, change certain
737	practices, and provide additional assistance if the state board
738	determines the causes of inadequate progress to be related to
739	school district policy or practice;
740	(b)  Implement a plan that satisfactorily resolves the
741	education equity problems in the school related to factors that
742	hamper increased student performance;
743	(c)  Contract for the educational services of the school,
744	or reorganize the school at the end of the school year under a
745	new school principal who is authorized to hire new staff and
746	implement a plan that addresses the causes of inadequate
747	progress. A contract to administer an alternative school may not
748	be entered into with a private entity which contract changes the
749	character of the alternative school population as it existed
750	when the alternative school was administered by the public
751	school system. The term "character of the alternative school
752	population" means the percentage of students having learning
753	disabilities, physical disabilities, emotional disabilities, or
754	developmental disabilities, as well as the percentage of
755	students having discipline problems;
756	(d)  Allow parents of students in the school to send their
757	children to another district school of their choice; or
758	(e)  Other action appropriate to improve the school's
759	performance, including, if the school is a high school,
760	requiring annual publication of the school's graduation rate
761	calculated without GED tests for the past 3 years, disaggregated
762	by student ethnicity.
763	Section 9.  Section 1008.34, Florida Statutes, is amended
764	to read:
765	1008.34  School performance grading system; school report
766	cards; district performance grade.--
767	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
768	prepare annual reports of the results of the statewide
769	assessment program which describe student achievement in the
770	state, each district, and each school. The commissioner shall
771	prescribe the design and content of these reports, which must
772	include, without limitation, descriptions of the performance of
773	all schools participating in the assessment program and all of
774	their major student populations as determined by the
775	Commissioner of Education, and must also include the median
776	scores of all eligible students who scored at or in the lowest
777	25th percentile of the state in the previous school year;
778	provided, however, that the provisions of s. 1002.22 pertaining
779	to student records apply to this section.
780	(2)  SCHOOL PERFORMANCE CATEGORIES GRADES.--The annual
781	report shall identify schools as having one of the following
782	performance categories grades, defined according to rules of the
783	State Board of Education:
784	(a)  "Improving," "A," schools making excellent or above
785	average progress.
786	(b)  "Maintaining," "B," schools making satisfactory or
787	average above average progress.
788	(c)  "Declining," "C," schools making unsatisfactory or
789	below average satisfactory progress.
790	(d)  "D," schools making less than satisfactory progress.
791	(e)  "F," schools failing to make adequate progress.
792
793	Beginning in the 2008-2009 school year, a school that has been
794	designated with a school grade of "F" in a prior school year
795	shall not be designated as performance category "Declining"
796	using the current year's data if that school has met the safe-
797	harbor threshold established in s. 1008.33(1)(b) Each school
798	designated with a grade of "A," making excellent progress, or
799	having improved at least two grade levels, shall have greater
800	authority over the allocation of the school's total budget
801	generated from the FEFP, state categoricals, lottery funds,
802	grants, and local funds, as specified in state board rule. The
803	rule must provide that the increased budget authority shall
804	remain in effect until the school's grade declines.
805	(3)  DESIGNATION OF SCHOOL PERFORMANCE CATEGORIES
806	GRADES.--For purposes of determining school performance, student
807	performance shall be based on all students' annual learning
808	gains and increased student performance compared to the previous
809	year. Each school that has students who are tested and included
810	in the school performance grading system, except an alternative
811	school that receives a school improvement rating pursuant to s.
812	1008.341, shall receive a school performance category
813	designation grade; however, an alternative school may choose to
814	receive a school performance category designation grade under
815	this section in lieu of a school improvement rating.
816	Additionally, a school that serves any combination of students
817	in kindergarten through grade 3 which does not receive a school
818	performance category designation grade because its students are
819	not tested and included in the school performance grading system
820	shall receive the school performance category grade designation
821	of a K-3 feeder pattern school identified by the Department of
822	Education and verified by the school district. A school feeder
823	pattern exists if at least 60 percent of the students in the
824	school serving a combination of students in kindergarten through
825	grade 3 are scheduled to be assigned to the graded school
826	participating in the school performance system. School
827	performance categories grades itemized in subsection (2) shall
828	be based on the following:
829	(a)  Criteria.--A school's performance grade shall be based
830	on a combination of:
831	1.  Student achievement scores, including achievement
832	scores for students seeking a special diploma.
833	2.  Student learning gains as measured annually by annual
834	FCAT assessments in grades 3 through 10; learning gains for
835	students seeking a special diploma, as measured by an alternate
836	assessment tool, shall be included not later than the 2009-2010
837	school year.
838	3.  Improvement of the lowest 25th percentile of students
839	in the school in reading, math, or writing on the FCAT and on
840	non-FCAT measures, unless these students are exhibiting
841	satisfactory performance.
842	4.  Beginning in the 2008-2009 school year, the following
843	weighted factors according to rules adopted by the State Board
844	of Education:
845	a.  Fifty percent based on student FCAT scores.
846	b.  Fifty percent based on non-FCAT measures as determined
847	by the Department of Education.
848	(b)  Student assessment data.--Student assessment data used
849	in determining school performance grades shall include:
850	1.  The aggregate scores of all eligible students enrolled
851	in the school who have been assessed on the FCAT and on non-FCAT
852	measures.
853	2.  The aggregate scores of all eligible students enrolled
854	in the school who have been assessed on the FCAT, including
855	Florida Writes, and on non-FCAT measures and who have scored at
856	or in the lowest 25th percentile of students in the school in
857	reading, math, or writing, unless these students are exhibiting
858	satisfactory performance.
859	3.  Effective with the 2005-2006 school year, the
860	achievement scores and learning gains of eligible students
861	attending alternative schools that provide dropout prevention
862	and academic intervention services pursuant to s. 1003.53. The
863	term "eligible students" in this subparagraph does not include
864	students attending an alternative school who are subject to
865	district school board policies for expulsion for repeated or
866	serious offenses, who are in dropout retrieval programs serving
867	students who have officially been designated as dropouts, or who
868	are in programs operated or contracted by the Department of
869	Juvenile Justice. The student performance data for eligible
870	students identified in this subparagraph shall be included in
871	the calculation of the home school's performance grade. For
872	purposes of this section and s. 1008.341, "home school" means
873	the school the student was attending when assigned to an
874	alternative school. If an alternative school chooses to be
875	designated graded pursuant to this section, student performance
876	data for eligible students identified in this subparagraph shall
877	not be included in the home school's performance grade but shall
878	be included only in the calculation of the alternative school's
879	performance grade. School districts must require collaboration
880	between the home school and the alternative school in order to
881	promote student success.
882
883	The State Board of Education shall adopt appropriate criteria
884	for each school performance category grade. The criteria must
885	also give added weight to student achievement in reading.
886	Schools designated with a performance category "Maintaining"
887	grade of "C," making satisfactory progress, shall be required to
888	demonstrate that adequate progress has been made by students in
889	the school who are in the lowest 25th percentile in reading,
890	math, or writing on the FCAT, including Florida Writes, and on
891	non-FCAT measures, unless these students are exhibiting
892	satisfactory performance.
893	(4)  SCHOOL IMPROVEMENT RATINGS.--The annual report shall
894	identify each school's performance as having improved, remained
895	the same, or declined. This school improvement rating shall be
896	based on a comparison of the current year's and previous year's
897	student and school performance data. Schools that improve at
898	least one grade level are eligible for school recognition awards
899	pursuant to s. 1008.36.
900	(5)  SCHOOL REPORT CARD.--The Department of Education shall
901	annually develop, in collaboration with the school districts, a
902	school report card to be delivered to parents throughout each
903	school district. The report card shall include the school's
904	performance category grade, information regarding school
905	improvement, an explanation of school performance as evaluated
906	by the federal No Child Left Behind Act of 2001, and indicators
907	of return on investment. Each school's report card shall be
908	published annually by the department on its website, and the
909	school district shall provide the school report card to each
910	parent.
911	(6)  PERFORMANCE-BASED FUNDING.--The Legislature may factor
912	in the performance of schools in calculating any performance-
913	based funding policy that is provided for annually in the
914	General Appropriations Act.
915	(7)  DISTRICT PERFORMANCE GRADE.--
916	(a)  The annual report required by subsection (1) shall
917	include district performance grades, which shall consist of
918	weighted district average performance grades, by level, for all
919	elementary schools, middle schools, and high schools in the
920	district. A district's weighted average performance grade shall
921	be calculated by weighting individual school performance grades
922	determined pursuant to subsection (2) by school enrollment.
923	(b)  School districts shall have a variety of tools at
924	their disposal to maintain high performance standards. These
925	tools shall include, but are not limited to, giving to schools
926	that receive a performance category "Improving" greater
927	authority over the allocation of the school's total budget
928	generated from the FEFP, state categoricals, lottery funds,
929	grants, and local funds, as specified in State Board of
930	Education rule. The rule must provide that the increased budget
931	authority shall remain in effect unless the school's performance
932	category declines.
933	Section 10.  Subsections (2) and (3) of section 1008.341,
934	Florida Statutes, are amended to read:
935	1008.341  School improvement rating for alternative
936	schools.--
937	(2)  SCHOOL IMPROVEMENT RATING.--Alternative schools that
938	provide dropout prevention and academic intervention services
939	pursuant to s. 1003.53 shall receive a school improvement rating
940	pursuant to this section. The school improvement rating shall
941	identify schools as having one of the following ratings defined
942	according to rules of the State Board of Education:
943	(a)  "Improving" means schools with students making more
944	academic progress than when the students were served in their
945	home schools.
946	(b)  "Maintaining" means schools with students making
947	progress equivalent to the progress made when the students were
948	served in their home schools.
949	(c)  "Declining" means schools with students making less
950	academic progress than when the students were served in their
951	home schools.
952
953	The school improvement rating shall be based on a comparison of
954	student performance data for the current year and previous year.
955	Schools that improve at least one level or maintain an
956	"improving" rating pursuant to this section are eligible for
957	school recognition awards pursuant to s. 1008.36.
958	(3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student
959	data used in determining an alternative school's school
960	improvement rating shall include:
961	(a)  The aggregate scores of all eligible students who were
962	assigned to and enrolled in the school during the October or
963	February FTE count, who have been assessed on the FCAT and on
964	non-FCAT measures, and who have FCAT or comparable scores for
965	the preceding school year.
966	(b)  The aggregate scores of all eligible students who were
967	assigned to and enrolled in the school during the October or
968	February FTE count, who have been assessed on the FCAT,
969	including Florida Writes, and on non-FCAT measures, and who have
970	scored in the lowest 25th percentile of students in the state on
971	the FCAT and on non-FCAT measures Reading.
972
973	The assessment scores of students who are subject to district
974	school board policies for expulsion for repeated or serious
975	offenses, who are in dropout retrieval programs serving students
976	who have officially been designated as dropouts, or who are in
977	programs operated or contracted by the Department of Juvenile
978	Justice may not be included in an alternative school's school
979	improvement rating.
980	Section 11.  Section 1008.36, Florida Statutes, is amended
981	to read:
982	1008.36  Every Child Matters Florida School Recognition
983	Program.--
984	(1)  The Legislature finds that in order to provide every
985	student enrolled in K-12 public schools with the opportunity to
986	achieve a successful public education, academic problems must be
987	identified early, with remediation and intervention services to
988	follow. It is the intent of this section that no child shall be
989	left behind there is a need for a performance incentive program
990	for outstanding faculty and staff in highly productive schools.
991	The Legislature further finds that performance-based incentives
992	are commonplace in the private sector and should be infused into
993	the public sector as a reward for productivity.
994	(2)  The Every Child Matters Florida School Recognition
995	Program is created to provide financial awards to public schools
996	that:
997	(a)  A curriculum-based, year-round measurement of learning
998	gains for all public school students enrolled in kindergarten
999	through grade 12. Sustain high performance by receiving a school
1000	grade of "A," making excellent progress; or
1001	(b)  Remediation and intervention services to all public
1002	school students enrolled in kindergarten through grade 12 who
1003	are not meeting grade-appropriate performance expectations,
1004	including FCAT scores and non-FCAT measures Demonstrate
1005	exemplary improvement due to innovation and effort by improving
1006	a letter grade.
1007	(3)  All public schools, including charter schools, that
1008	receive a school grade pursuant to s. 1008.34 are eligible to
1009	participate in the program.
1010	(4)  All selected schools shall receive financial
1011	assistance awards depending on the availability of funds
1012	appropriated and the number and size of schools selected to
1013	receive an award. Funds must be distributed to the school's
1014	fiscal agent and placed in the school's account and must be used
1015	for purposes listed in subsection (5) as determined jointly by
1016	the school's staff and school advisory council. If school staff
1017	and the school advisory council cannot reach agreement by
1018	November 1, the awards must be equally distributed to all
1019	classroom teachers currently teaching in the school.
1020	(5)  Every Child Matters Program funds School recognition
1021	awards must be used for the following:
1022	(a)  Administration of a regular formative assessment
1023	approved by the State Board of Education. Nonrecurring bonuses
1024	to the faculty and staff;
1025	(b)  Nonrecurring expenditures for remediation of low-
1026	performing students, including remediation programs and
1027	intervention services adopted and administered by the Department
1028	of Education.
1029	(c)(b)  Nonrecurring expenditures for educational equipment
1030	or materials to assist in the remediation of low-performing
1031	students. maintaining and improving student performance; or
1032	(d)(c)  Temporary personnel for the school to assist in the
1033	remediation of low-performing students maintaining and improving
1034	student performance.
1035	(e)  Contracts with private sector participants to provide
1036	remediation services provided that 90 percent of the personnel
1037	providing services reside in the state and that the contracts
1038	include requirements to ensure that the private sector
1039	participants are accountable for performance.
1040	(f)  Transportation of students pursuant to s. 1002.31.
1041	(6)  The Department of Education shall provide training and
1042	informational resources for educators to administer the
1043	formative assessment pursuant to paragraph (5)(a) and shall be
1044	responsible for developing and implementing provisions for the
1045	collection and analysis of the assessment data.
1046	(7)  The Department of Education shall establish policies
1047	and procedures for the development of individual education plans
1048	for low-performing students who receive remediation and
1049	intervention services pursuant to this section.
1050
1051	Notwithstanding statutory provisions to the contrary, incentive
1052	awards are not subject to collective bargaining.
1053	Section 12.  Paragraphs (a), (c), and (d) of subsection
1054	(16) and paragraph (d) of subsection (17) of section 1001.42,
1055	Florida Statutes, are amended to read:
1056	1001.42  Powers and duties of district school board.--The
1057	district school board, acting as a board, shall exercise all
1058	powers and perform all duties listed below:
1059	(16)  IMPLEMENT SCHOOL IMPROVEMENT AND
1060	ACCOUNTABILITY.--Maintain a system of school improvement and
1061	education accountability as provided by statute and State Board
1062	of Education rule. This system of school improvement and
1063	education accountability shall be consistent with, and
1064	implemented through, the district's continuing system of
1065	planning and budgeting required by this section and ss.
1066	1008.385, 1010.01, and 1011.01. This system of school
1067	improvement and education accountability shall include, but is
1068	not limited to, the following:
1069	(a)  School improvement plans.--Annually approve and
1070	require implementation of a new, amended, or continuation school
1071	improvement plan for each school in the district. A district
1072	school board may establish a district school improvement plan
1073	that includes all schools in the district operating for the
1074	purpose of providing educational services to youth in Department
1075	of Juvenile Justice programs. The school improvement plan shall
1076	be designed to achieve the state education priorities pursuant
1077	to s. 1000.03(5) and student proficiency on the Sunshine State
1078	Standards pursuant to s. 1003.41. Each plan shall address
1079	student achievement goals and strategies based on state and
1080	school district proficiency standards. The plan may also address
1081	issues relative to other academic-related matters, as determined
1082	by district school board policy, and shall include an accurate,
1083	data-based analysis of student achievement and other school
1084	performance data. Beginning with plans approved for
1085	implementation in the 2007-2008 school year, each secondary
1086	school plan must include a redesign component based on the
1087	principles established in s. 1003.413. For each school in the
1088	district that earns a performance category "Declining," school
1089	grade of "C" or below, or is required to have a school
1090	improvement plan under federal law, the school improvement plan
1091	shall, at a minimum, also include:
1092	1.  Professional development that supports enhanced and
1093	differentiated instructional strategies to improve teaching and
1094	learning.
1095	2.  Continuous use of disaggregated student achievement
1096	data to determine effectiveness of instructional strategies.
1097	3.  Ongoing informal and formal assessments to monitor
1098	individual student progress, including progress toward mastery
1099	of the Sunshine State Standards, and to redesign instruction if
1100	needed.
1101	4.  Alternative instructional delivery methods to support
1102	remediation, acceleration, and enrichment strategies.
1103	(c)  Assistance and intervention.--
1104	1.  Develop a 2-year plan of increasing individualized
1105	assistance and intervention for each school in danger of not
1106	meeting state standards or making adequate progress, as defined
1107	pursuant to statute and State Board of Education rule, toward
1108	meeting the goals and standards of its approved school
1109	improvement plan.
1110	2.  Provide assistance and intervention to a school that is
1111	designated with a performance category "Declining" grade of "D"
1112	pursuant to s. 1008.34 and is in danger of failing.
1113	3.  Develop a plan to encourage teachers with demonstrated
1114	mastery in improving student performance to remain at or
1115	transfer to a school with a performance category "Declining"
1116	grade of "D" or "F" or to an alternative school that serves
1117	disruptive or violent youths. If a classroom teacher, as defined
1118	by s. 1012.01(2)(a), who meets the definition of teaching
1119	mastery developed according to the provisions of this paragraph,
1120	requests assignment to a school designated with a performance
1121	category "Declining" grade of "D" or "F" or to an alternative
1122	school that serves disruptive or violent youths, the district
1123	school board shall make every practical effort to grant the
1124	request.
1125	4.  Prioritize, to the extent possible, the expenditures of
1126	funds received from the supplemental academic instruction
1127	categorical fund under s. 1011.62(1)(f) to improve student
1128	performance in schools that receive a performance category
1129	"Declining." grade of "D" or "F."
1130	(d)  After 2 years.--Notify the Commissioner of Education
1131	and the State Board of Education in the event any school does
1132	not make adequate progress toward meeting the goals and
1133	standards of a school improvement plan by the end of 2 years of
1134	failing to make adequate progress and proceed according to
1135	guidelines developed pursuant to statute and State Board of
1136	Education rule. School districts shall provide intervention and
1137	assistance to schools in danger of being designated with a
1138	performance category "Declining." grade of "F," failing to make
1139	adequate progress.
1140	(17)  LOCAL-LEVEL DECISIONMAKING.--
1141	(d)  Adopt policies that assist in giving greater autonomy,
1142	including authority over the allocation of the school's budget,
1143	to schools designated with a performance category "Improving."
1144	grade of "A," making excellent progress, and schools rated as
1145	having improved at least two grades.
1146	Section 13.  Paragraph (b) of subsection (7) and paragraphs
1147	(o) and (p) of subsection (9) of section 1002.33, Florida
1148	Statutes, are amended to read:
1149	1002.33  Charter schools.--
1150	(7)  CHARTER.--The major issues involving the operation of
1151	a charter school shall be considered in advance and written into
1152	the charter. The charter shall be signed by the governing body
1153	of the charter school and the sponsor, following a public
1154	hearing to ensure community input.
1155	(b)1.  A charter may be renewed provided that a program
1156	review demonstrates that the criteria in paragraph (a) have been
1157	successfully accomplished and that none of the grounds for
1158	nonrenewal established by paragraph (8)(a) has been documented.
1159	In order to facilitate long-term financing for charter school
1160	construction, charter schools operating for a minimum of 3 years
1161	and demonstrating exemplary academic programming and fiscal
1162	management are eligible for a 15-year charter renewal. Such
1163	long-term charter is subject to annual review and may be
1164	terminated during the term of the charter.
1165	2.  The 15-year charter renewal that may be granted
1166	pursuant to subparagraph 1. shall be granted to a charter school
1167	that has received a performance category "Improving" or
1168	"Maintaining" school grade of "A" or "B" pursuant to s. 1008.34
1169	in 3 of the past 4 years and is not in a state of financial
1170	emergency or deficit position as defined by this section. Such
1171	long-term charter is subject to annual review and may be
1172	terminated during the term of the charter pursuant to subsection
1173	(8).
1174	(9)  CHARTER SCHOOL REQUIREMENTS.--
1175	(o)  The director and a representative of the governing
1176	body of a charter school that has received a performance
1177	category "Declining" school grade of "D" under s. 1008.34(2)
1178	shall appear before the sponsor or the sponsor's staff at least
1179	once a year to present information concerning each contract
1180	component having noted deficiencies. The sponsor shall
1181	communicate at the meeting, and in writing to the director, the
1182	services provided to the school to help the school address its
1183	deficiencies.
1184	(p)  Upon notification that a charter school receives a
1185	performance category "Declining" school grade of "D" for 2
1186	consecutive years or a school grade of "F" under s. 1008.34(2),
1187	the charter school sponsor or the sponsor's staff shall require
1188	the director and a representative of the governing body to
1189	submit to the sponsor for approval a school improvement plan to
1190	raise student achievement and to implement the plan. The sponsor
1191	has the authority to approve a school improvement plan that the
1192	charter school will implement in the following school year. The
1193	sponsor may also consider the State Board of Education's
1194	recommended action pursuant to s. 1008.33(1) as part of the
1195	school improvement plan. The Department of Education shall offer
1196	technical assistance and training to the charter school and its
1197	governing body and establish guidelines for developing,
1198	submitting, and approving such plans.
1199	1.  If the charter school fails to improve its student
1200	performance from the year immediately prior to the
1201	implementation of the school improvement plan, the sponsor shall
1202	place the charter school on probation and shall require the
1203	charter school governing body to take one of the following
1204	corrective actions:
1205	a.  Contract for the educational services of the charter
1206	school;
1207	b.  Reorganize the school at the end of the school year
1208	under a new director or principal who is authorized to hire new
1209	staff and implement a plan that addresses the causes of
1210	inadequate progress; or
1211	c.  Reconstitute the charter school.
1212	2.  A charter school that is placed on probation shall
1213	continue the corrective actions required under subparagraph 1.
1214	until the charter school improves its student performance from
1215	the year prior to the implementation of the school improvement
1216	plan.
1217	3.  Notwithstanding any provision of this paragraph, the
1218	sponsor may terminate the charter at any time pursuant to the
1219	provisions of subsection (8).
1220	Section 14.  Subsection (7) and paragraph (a) of subsection
1221	(8) of section 1002.415, Florida Statutes, are amended to read:
1222	1002.415  K-8 Virtual School Program.--Subject to annual
1223	legislative appropriation, a kindergarten through grade 8
1224	virtual school program is established within the Department of
1225	Education for the purpose of making academic instruction
1226	available to full-time students in kindergarten through grade 8
1227	using online and distance learning technology. The department
1228	shall use an application process to select schools to deliver
1229	program instruction.
1230	(7)  ASSESSMENT AND ACCOUNTABILITY.--
1231	(a)  Each K-8 virtual school must participate in the
1232	statewide assessment program created under s. 1008.22 and shall
1233	be subject to the school performance grading system created by
1234	s. 1008.34.
1235	(b)  A K-8 virtual school that has a performance grade
1236	category "Declining" of "D" or "F" must file a school
1237	improvement plan with the department for consultation to
1238	determine the causes for low performance and to develop a plan
1239	for correction and improvement.
1240	(c)  The department shall terminate the contract of any K-8
1241	virtual school that receives a performance grade category
1242	"Declining" of "D" or "F" for 2 years in a 3-year during any
1243	consecutive 4-year period.
1244	(8)  CAUSES FOR NONRENEWAL OR TERMINATION OF A CONTRACT.--
1245	(a)  At the end of a contract with a K-8 virtual school,
1246	the department may choose not to renew the contract for any of
1247	the following grounds:
1248	1.  Failure to participate in the state's education
1249	accountability system created in s. 1008.31, as required in this
1250	section;
1251	2.  Failure to receive a school performance category
1252	"Maintaining" grade of "C" or better under the school
1253	performance grading system created by s. 1008.34 for any 2 years
1254	in a 3-year consecutive 4-year period;
1255	3.  Failure to meet generally accepted standards of fiscal
1256	management;
1257	4.  Violation of law;
1258	5.  Failure of the Legislature to fund the program; or
1259	6.  Other good cause shown.
1260	Section 15.  Paragraph (a) of subsection (1) of section
1261	1003.62, Florida Statutes, is amended to read:
1262	1003.62  Academic performance-based charter school
1263	districts.--The State Board of Education may enter into a
1264	performance contract with district school boards as authorized
1265	in this section for the purpose of establishing them as academic
1266	performance-based charter school districts. The purpose of this
1267	section is to examine a new relationship between the State Board
1268	of Education and district school boards that will produce
1269	significant improvements in student achievement, while complying
1270	with constitutional and statutory requirements assigned to each
1271	entity.
1272	(1)  ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL DISTRICT.--
1273	(a)  A school district shall be eligible for designation as
1274	an academic performance-based charter school district if it is a
1275	high-performing school district in which a minimum of 50 percent
1276	of the schools earn a performance category "Improving" grade of
1277	"A" or "B" and in which no school earns a performance category
1278	"Declining" grade of "D" or "F" for 2 consecutive years pursuant
1279	to s. 1008.34. Schools that receive a grade of "I" or "N" shall
1280	not be included in this calculation. The performance contract
1281	for a school district that earns a charter based on school
1282	performance grades shall be predicated on maintenance of at
1283	least 50 percent of the schools in the school district earning a
1284	performance category "Improving" grade of "A" or "B" with no
1285	school in the school district earning a performance category
1286	"Declining" grade of "D" or "F" for 2 consecutive years. A
1287	school district in which the number of schools that earn a
1288	performance category "Improving" grade of "A" or "B" is less
1289	than 50 percent may have its charter renewed for 1 year;
1290	however, if the percentage of performance category "Improving"
1291	"A" or "B" schools is less than 50 percent for 2 consecutive
1292	years, the charter shall not be renewed.
1293	Section 16.  Paragraphs (a) and (d) of subsection (1) of
1294	section 1003.621, Florida Statutes, are amended to read:
1295	1003.621  Academically high-performing school
1296	districts.--It is the intent of the Legislature to recognize and
1297	reward school districts that demonstrate the ability to
1298	consistently maintain or improve their high-performing status.
1299	The purpose of this section is to provide high-performing school
1300	districts with flexibility in meeting the specific requirements
1301	in statute and rules of the State Board of Education.
1302	(1)  ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.--
1303	(a)  A school district is an academically high-performing
1304	school district if it meets the following criteria:
1305	1.a.  Beginning with the 2004-2005 school year, earns a
1306	performance category "Improving" grade of "A" under s.
1307	1008.34(7) for 2 consecutive years; and
1308	b.  Has no district-operated school that earns a
1309	performance category "Declining" grade of "F" under s. 1008.34;
1310	2.  Complies with all class size requirements in s. 1, Art.
1311	IX of the State Constitution and s. 1003.03; and
1312	3.  Has no material weaknesses or instances of material
1313	noncompliance noted in the annual financial audit conducted
1314	pursuant to s. 218.39.
1315	(d)  In order to maintain the designation as an
1316	academically high-performing school district pursuant to this
1317	section, a school district must meet the following requirements:
1318	1.  Comply with the provisions of subparagraphs(a)2. and
1319	3.; and
1320	2.  Earn a performance category "Improving" grade of "A"
1321	under s. 1008.34(7) for 2 years within a 3-year period.
1322
1323	However, a district in which a district-operated school earns a
1324	performance category "Declining" grade of "F" under s. 1008.34
1325	during the 3-year period may not continue to be designated as an
1326	academically high-performing school district during the
1327	remainder of that 3-year period. The district must meet the
1328	criteria in paragraph (a) in order to be redesignated as an
1329	academically high-performing school district.
1330	Section 17.  Paragraph (b) of subsection (1) of section
1331	1008.31, Florida Statutes, is amended to read:
1332	1008.31  Florida's K-20 education performance
1333	accountability system; legislative intent; mission, goals, and
1334	systemwide measures; data quality improvements.--
1335	(1)  LEGISLATIVE INTENT.--It is the intent of the
1336	Legislature that:
1337	(b)  The K-20 education performance accountability system
1338	be established as a single, unified accountability system with
1339	multiple components, including, but not limited to, measures of
1340	adequate yearly progress, individual student learning gains in
1341	public schools, school performance categories grades, and return
1342	on investment.
1343	Section 18.  Paragraphs (b) and (d) of subsection (6) and
1344	subsection (7) of section 1008.345, Florida Statutes, are
1345	amended to read:
1346	1008.345  Implementation of state system of school
1347	improvement and education accountability.--
1348	(6)
1349	(b)  Upon request, the department shall provide technical
1350	assistance and training to any school, including any school
1351	operating for the purpose of providing educational services to
1352	youth in Department of Juvenile Justice programs, school
1353	advisory council, district, or district school board for
1354	conducting needs assessments, developing and implementing school
1355	improvement plans, developing and implementing assistance and
1356	intervention plans, or implementing other components of school
1357	improvement and accountability. Priority for these services
1358	shall be given to schools designated with a performance category
1359	"Declining" grade of "D" or "F" and school districts in rural
1360	and sparsely populated areas of the state.
1361	(d)  The commissioner shall assign a community assessment
1362	team to each school district or governing board with a school
1363	receiving a performance category "Declining" graded "F" to
1364	review the school performance data and determine causes for the
1365	low performance, including the role of school, area, and
1366	district administrative personnel. The community assessment team
1367	shall review a high school's graduation rate calculated without
1368	GED tests for the past 3 years, disaggregated by student
1369	ethnicity. The team shall make recommendations to the school
1370	board or the governing board, to the department, and to the
1371	State Board of Education for implementing an assistance and
1372	intervention plan that will address the causes of the school's
1373	low performance. The assessment team shall include, but not be
1374	limited to, a department representative, parents, business
1375	representatives, educators, representatives of local
1376	governments, and community activists, and shall represent the
1377	demographics of the community from which they are appointed.
1378	(7)(a)  Schools designated with a performance category
1379	"Improving" a grade of "A," making excellent progress, shall, if
1380	requested by the school, be given deregulated status as
1381	specified in s. 1003.63(5), (7), (8), (9), and (10).
1382	(b)  Schools that have improved at least two grades and
1383	that meet the criteria of the Florida School Recognition Program
1384	pursuant to s. 1008.36 may be given deregulated status as
1385	specified in s. 1003.63(5), (7), (8), (9), and (10).
1386	Section 19.  Paragraphs (h), (m), and (n) of subsection (1)
1387	and paragraph (d) of subsection (7) of section 1011.62, Florida
1388	Statutes, are amended to read:
1389	1011.62  Funds for operation of schools.--If the annual
1390	allocation from the Florida Education Finance Program to each
1391	district for operation of schools is not determined in the
1392	annual appropriations act or the substantive bill implementing
1393	the annual appropriations act, it shall be determined as
1394	follows:
1395	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1396	OPERATION.--The following procedure shall be followed in
1397	determining the annual allocation to each district for
1398	operation:
1399	(h)  Small, isolated high schools.--Districts which levy
1400	the maximum nonvoted discretionary millage, exclusive of millage
1401	for capital outlay purposes levied pursuant to s. 1011.71(2),
1402	may calculate full-time equivalent students for small, isolated
1403	high schools by multiplying the number of unweighted full-time
1404	equivalent students times 2.75; provided the school has attained
1405	a performance category "Maintaining" grade of "C" or better,
1406	pursuant to s. 1008.34, for the previous school year. For the
1407	purpose of this section, the term "small, isolated high school"
1408	means any high school which is located no less than 28 miles by
1409	the shortest route from another high school; which has been
1410	serving students primarily in basic studies provided by sub-
1411	subparagraphs (c)1.b. and c. and may include subparagraph (c)4.;
1412	and which has a membership of no more than 100 students, but no
1413	fewer than 28 students, in grades 9 through 12.
1414	(m)  Calculation of additional full-time equivalent
1415	membership based on Advanced International Certificate of
1416	Education examination scores of students.--A value of 0.24 full-
1417	time equivalent student membership shall be calculated for each
1418	student enrolled in a full-credit Advanced International
1419	Certificate of Education course who receives a score of E or
1420	higher on a subject examination. A value of 0.12 full-time
1421	equivalent student membership shall be calculated for each
1422	student enrolled in a half-credit Advanced International
1423	Certificate of Education course who receives a score of E or
1424	higher on a subject examination. A value of 0.3 full-time
1425	equivalent student membership shall be calculated for each
1426	student who receives an Advanced International Certificate of
1427	Education diploma. Such value shall be added to the total full-
1428	time equivalent student membership in basic programs for grades
1429	9 through 12 in the subsequent fiscal year. The school district
1430	shall distribute to each classroom teacher who provided Advanced
1431	International Certificate of Education instruction:
1432	1.  A bonus in the amount of $50 for each student taught by
1433	the Advanced International Certificate of Education teacher in
1434	each full-credit Advanced International Certificate of Education
1435	course who receives a score of E or higher on the Advanced
1436	International Certificate of Education examination. A bonus in
1437	the amount of $25 for each student taught by the Advanced
1438	International Certificate of Education teacher in each half-
1439	credit Advanced International Certificate of Education course
1440	who receives a score of E or higher on the Advanced
1441	International Certificate of Education examination.
1442	2.  An additional bonus of $500 to each Advanced
1443	International Certificate of Education teacher in a school
1444	designated with a performance category "Declining" grade of "D"
1445	or "F" who has at least one student scoring E or higher on the
1446	full-credit Advanced International Certificate of Education
1447	examination, regardless of the number of classes taught or of
1448	the number of students scoring an E or higher on the full-credit
1449	Advanced International Certificate of Education examination.
1450	3.  Additional bonuses of $250 each to teachers of half-
1451	credit Advanced International Certificate of Education classes
1452	in a school designated with a performance category "Declining"
1453	grade of "D" or "F" which has at least one student scoring an E
1454	or higher on the half-credit Advanced International Certificate
1455	of Education examination in that class. The maximum additional
1456	bonus for a teacher awarded in accordance with this subparagraph
1457	shall not exceed $500 in any given school year. Teachers
1458	receiving an award under subparagraph 2. are not eligible for a
1459	bonus under this subparagraph.
1460
1461	Bonuses awarded to a teacher according to this paragraph shall
1462	not exceed $2,000 in any given school year and shall be in
1463	addition to any regular wage or other bonus the teacher received
1464	or is scheduled to receive.
1465	(n)  Calculation of additional full-time equivalent
1466	membership based on college board advanced placement scores of
1467	students.--A value of 0.24 full-time equivalent student
1468	membership shall be calculated for each student in each advanced
1469	placement course who receives a score of 3 or higher on the
1470	College Board Advanced Placement Examination for the prior year
1471	and added to the total full-time equivalent student membership
1472	in basic programs for grades 9 through 12 in the subsequent
1473	fiscal year. Each district must allocate at least 80 percent of
1474	the funds provided to the district for advanced placement
1475	instruction, in accordance with this paragraph, to the high
1476	school that generates the funds. The school district shall
1477	distribute to each classroom teacher who provided advanced
1478	placement instruction:
1479	1.  A bonus in the amount of $50 for each student taught by
1480	the Advanced Placement teacher in each advanced placement course
1481	who receives a score of 3 or higher on the College Board
1482	Advanced Placement Examination.
1483	2.  An additional bonus of $500 to each Advanced Placement
1484	teacher in a school designated with a performance category
1485	"Declining" grade of "D" or "F" who has at least one student
1486	scoring 3 or higher on the College Board Advanced Placement
1487	Examination, regardless of the number of classes taught or of
1488	the number of students scoring a 3 or higher on the College
1489	Board Advanced Placement Examination.
1490
1491	Bonuses awarded to a teacher according to this paragraph shall
1492	not exceed $2,000 in any given school year and shall be in
1493	addition to any regular wage or other bonus the teacher received
1494	or is scheduled to receive.
1495	(7)  DETERMINATION OF SPARSITY SUPPLEMENT.--
1496	(d)  Each district's allocation of sparsity supplement
1497	funds shall be adjusted in the following manner:
1498	1.  A maximum discretionary levy per FTE value for each
1499	district shall be calculated by dividing the value of each
1500	district's maximum discretionary levy by its FTE student count.
1501	2.  A state average discretionary levy value per FTE shall
1502	be calculated by dividing the total maximum discretionary levy
1503	value for all districts by the state total FTE student count.
1504	3.  A total potential funds per FTE for each district shall
1505	be calculated by dividing the total potential funds, not
1506	including Every Child Matters Program Florida School Recognition
1507	Program funds and the minimum guarantee, for each district by
1508	its FTE student count.
1509	4.  A state average total potential funds per FTE shall be
1510	calculated by dividing the total potential funds, not including
1511	Every Child Matters Program Florida School Recognition Program
1512	funds and the minimum guarantee, for all districts by the state
1513	total FTE student count.
1514	5.  For districts that have a levy value per FTE as
1515	calculated in subparagraph 1. higher than the state average
1516	calculated in subparagraph 2., a sparsity wealth adjustment
1517	shall be calculated as the product of the difference between the
1518	state average levy value per FTE calculated in subparagraph 2.
1519	and the district's levy value per FTE calculated in subparagraph
1520	1. and the district's FTE student count and -1. However, no
1521	district shall have a sparsity wealth adjustment that, when
1522	applied to the total potential funds calculated in subparagraph
1523	3., would cause the district's total potential funds per FTE to
1524	be less than the state average calculated in subparagraph 4.
1525	6.  Each district's sparsity supplement allocation shall be
1526	calculated by adding the amount calculated as specified in
1527	paragraphs (a) and (b) and the wealth adjustment amount
1528	calculated in this paragraph.
1529	Section 20.  Paragraph (a) of subsection (2) of section
1530	1011.64, Florida Statutes, is amended to read:
1531	1011.64  School district minimum classroom expenditure
1532	requirements.--
1533	(2)  For the purpose of implementing the provisions of this
1534	section, the Legislature shall prescribe minimum academic
1535	performance standards and minimum classroom expenditure
1536	requirements for districts not meeting such minimum academic
1537	performance standards in the General Appropriations Act.
1538	(a)  Minimum academic performance standards may be based
1539	on, but are not limited to, district performance grades
1540	determined pursuant to s. 1008.34(7).
1541	Section 21.  Subsections (1), (2), and (5) of section
1542	1012.2315, Florida Statutes, are amended to read:
1543	1012.2315  Assignment of teachers.--
1544	(1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
1545	finds disparities between teachers assigned to teach in a
1546	majority of "A" graded schools receiving a performance category
1547	"Improving" and teachers assigned to teach in a majority of "F"
1548	graded schools receiving a performance category "Declining." The
1549	disparities can be found in the average years of experience, the
1550	median salary, and the performance of the teachers on teacher
1551	certification examinations. It is the intent of the Legislature
1552	that district school boards have flexibility through the
1553	collective bargaining process to assign teachers more equitably
1554	across the schools in the district.
1555	(2)  ASSIGNMENT TO SCHOOLS. GRADED "D" OR "F."--School
1556	districts may not assign a higher percentage than the school
1557	district average of first-time teachers, temporarily certified
1558	teachers, teachers in need of improvement, or out-of-field
1559	teachers to schools with above the school district average of
1560	minority and economically disadvantaged students or schools that
1561	are designated performance category "Declining." graded "D" or
1562	"F." Each school district shall annually certify to the
1563	Commissioner of Education that this requirement has been met. If
1564	the commissioner determines that a school district is not in
1565	compliance with this subsection, the State Board of Education
1566	shall be notified and shall take action pursuant to s. 1008.32
1567	in the next regularly scheduled meeting to require compliance.
1568	(5)  REPORT.--Schools receiving a performance category
1569	"Declining" graded "D" or "F" shall annually report their
1570	teacher-retention rate. Included in this report shall be reasons
1571	listed for leaving by each teacher who left the school for any
1572	reason.
1573	Section 22.  This act shall take effect July 1, 2008.

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