CS/CS/HB 991

1	A bill to be entitled
2	An act relating to school improvement and education
3	accountability; providing a short title; amending s.
4	1001.42, F.S.; requiring the state system of school
5	improvement and education accountability to comply with
6	specified accountability requirements; deleting certain
7	district school board duties relating to school
8	improvement plans and assistance and intervention;
9	amending s. 1008.33, F.S.; requiring the state system of
10	school improvement and education accountability to comply
11	with accountability requirements of federal law; providing
12	duties of school districts to improve student academic
13	achievement and to improve low-performing schools;
14	providing State Board of Education responsibility for the
15	state system and enforcement of its accountability
16	requirements; providing requirements for the state system;
17	providing duties of the Department of Education for
18	determining the need for action to achieve school
19	improvement; providing for intervention and support
20	strategies to meet school needs; requiring State Board of
21	Education approval of options for the lowest performing
22	schools; providing penalties for deviation from or failure
23	to implement certain school improvement provisions;
24	requiring Department of Education commencement of duties
25	and State Board of Education adoption of rules; amending
26	s. 1008.345, F.S.; conforming provisions; amending s.
27	1012.2315, F.S.; revising and conforming provisions
28	relating to the assignment of teachers; amending s.
29	1002.33, F.S.; conforming provisions; providing an
30	effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  This act may be cited as "Florida's Equal
35	Opportunity in Education Act."
36	Section 2.  Subsection (18) of section 1001.42, Florida
37	Statutes, is amended to read:
38	1001.42  Powers and duties of district school board.--The
39	district school board, acting as a board, shall exercise all
40	powers and perform all duties listed below:
41	(18)  IMPLEMENT SCHOOL IMPROVEMENT AND
42	ACCOUNTABILITY.--Maintain a state system of school improvement
43	and education accountability as provided by statute and State
44	Board of Education rule. This system of school improvement and
45	education accountability shall be consistent with, and
46	implemented through, the district's continuing system of
47	planning and budgeting required by this section and ss.
48	1008.385, 1010.01, and 1011.01. This system of school
49	improvement and education accountability shall comply with the
50	provisions of ss. 1008.33, 1008.34, 1008.345, and 1008.385 and
51	include, but is not limited to, the following:
52	(a)  School improvement plans.--The district school board
53	shall annually approve and require implementation of a new,
54	amended, or continuation school improvement plan for each school
55	in the district. A district school board may establish a
56	district school improvement plan that includes all schools in
57	the district operating for the purpose of providing educational
58	services to youth in Department of Juvenile Justice programs.
59	The school improvement plan shall be designed to achieve the
60	state education priorities pursuant to s. 1000.03(5) and student
61	proficiency on the Sunshine State Standards pursuant to s.
62	1003.41. Each plan shall address student achievement goals and
63	strategies based on state and school district proficiency
64	standards. The plan may also address issues relative to other
65	academic-related matters, as determined by district school board
66	policy, and shall include an accurate, data-based analysis of
67	student achievement and other school performance data. Beginning
68	with plans approved for implementation in the 2007-2008 school
69	year, each secondary school plan must include a redesign
70	component based on the principles established in s. 1003.413.
71	For each school in the district that earns a school grade of "C"
72	or below, or is required to have a school improvement plan under
73	federal law, the school improvement plan shall, at a minimum,
74	also include:
75	1.  Professional development that supports enhanced and
76	differentiated instructional strategies to improve teaching and
77	learning.
78	2.  Continuous use of disaggregated student achievement
79	data to determine effectiveness of instructional strategies.
80	3.  Ongoing informal and formal assessments to monitor
81	individual student progress, including progress toward mastery
82	of the Sunshine State Standards, and to redesign instruction if
83	needed.
84	4.  Alternative instructional delivery methods to support
85	remediation, acceleration, and enrichment strategies.
86	(b)  Approval process.--Develop a process for approval of a
87	school improvement plan presented by an individual school and
88	its advisory council. In the event a district school board does
89	not approve a school improvement plan after exhausting this
90	process, the Department of Education shall be notified of the
91	need for assistance.
92	(c)  Assistance and intervention.--
93	1.  Develop a 2-year plan of increasing individualized
94	assistance and intervention for each school in danger of not
95	meeting state standards or making adequate progress, as defined
96	pursuant to statute and State Board of Education rule, toward
97	meeting the goals and standards of its approved school
98	improvement plan.
99	2.  Provide assistance and intervention to a school that is
100	designated with a grade of "D" pursuant to s. 1008.34 and is in
101	danger of failing.
102	3.  Develop a plan to encourage teachers with demonstrated
103	mastery in improving student performance to remain at or
104	transfer to a school with a grade of "D" or "F" or to an
105	alternative school that serves disruptive or violent youths. If
106	a classroom teacher, as defined by s. 1012.01(2)(a), who meets
107	the definition of teaching mastery developed according to the
108	provisions of this paragraph, requests assignment to a school
109	designated with a grade of "D" or "F" or to an alternative
110	school that serves disruptive or violent youths, the district
111	school board shall make every practical effort to grant the
112	request.
113	4.  Prioritize, to the extent possible, the expenditures of
114	funds received from the supplemental academic instruction
115	categorical fund under s. 1011.62(1)(f) to improve student
116	performance in schools that receive a grade of "D" or "F."
117	(d)  After 2 years.--Notify the Commissioner of Education
118	and the State Board of Education in the event any school does
119	not make adequate progress toward meeting the goals and
120	standards of a school improvement plan by the end of 2 years of
121	failing to make adequate progress and proceed according to
122	guidelines developed pursuant to statute and State Board of
123	Education rule. School districts shall provide intervention and
124	assistance to schools in danger of being designated with a grade
125	of "F," failing to make adequate progress.
126	(b)(e)  Public disclosure.--The district school board shall
127	provide information regarding performance of students and
128	educational programs as required pursuant to ss. 1008.22 and
129	1008.385 and implement a system of school reports as required by
130	statute and State Board of Education rule that shall include
131	schools operating for the purpose of providing educational
132	services to youth in Department of Juvenile Justice programs,
133	and for those schools, report on the elements specified in s.
134	1003.52(19). Annual public disclosure reports shall be in an
135	easy-to-read report card format and shall include the school's
136	grade, high school graduation rate calculated without GED tests,
137	disaggregated by student ethnicity, and performance data as
138	specified in state board rule.
139	(c)(f)  School improvement funds.--The district school
140	board shall provide funds to schools for developing and
141	implementing school improvement plans. Such funds shall include
142	those funds appropriated for the purpose of school improvement
143	pursuant to s. 24.121(5)(c).
144	Section 3.  Section 1008.33, Florida Statutes, is amended
145	to read:
146	(Substantial rewording of section. See
147	s. 1008.33, F.S., for present text.)
148	1008.33  Authority to enforce public school improvement.--
149	(1)  The state system of school improvement and education
150	accountability shall comply with the education accountability
151	requirements of the federal Elementary and Secondary Education
152	Act, 20 U.S.C. ss. 6301 et seq., and its implementing
153	regulations, subject to evaluation and enforcement by the State
154	Board of Education.
155	(2)  School districts must be held accountable for
156	improving the academic achievement of all students and for
157	identifying and turning around low-performing schools that have
158	failed to provide a high-quality education to their students,
159	while providing alternatives to students in such schools, to
160	enable the students to receive a high-quality education.
161	(3)(a)  Pursuant to ss. 1008.34, 1008.345, and 1008.385 and
162	subsections (1) and (2), the State Board of Education shall hold
163	all school districts and public schools accountable for
164	facilitating student performance at acceptable levels. The state
165	board is responsible for a state system of school improvement
166	and education accountability that assesses student performance
167	by school, identifies schools in which students are not making
168	adequate progress toward state standards, institutes appropriate
169	measures for enforcing improvement, and provides rewards and
170	sanctions based on performance.
171	(b)  The state system of school improvement and education
172	accountability must provide for uniform accountability
173	standards, provide assistance of escalating intensity to low-
174	performing schools, direct support to schools in order to
175	improve and sustain performance, focus on the performance of
176	student subgroups, and provide options for equal opportunities
177	for students to obtain a high-quality education.
178	(4)  The academic performance of all students has a
179	significant effect on the education accountability of the state
180	school system. Pursuant to Art. IX of the State Constitution,
181	which prescribes the duty of the State Board of Education to
182	supervise Florida's public school system, the State Board of
183	Education shall equitably enforce the accountability
184	requirements of the state school system and may impose state
185	requirements on school districts in order to improve the
186	academic performance of all districts, schools, and students
187	based upon the provisions in ss. 1008.34, 1008.345, and 1008.385
188	and the education accountability requirements of the federal
189	Elementary and Secondary Education Act, 20 U.S.C. ss. 6301 et
190	seq., and its implementing regulations.
191	(a)  For the purpose of determining whether a public school
192	requires action to achieve a sufficient level of school
193	improvement, the Department of Education shall annually
194	categorize a public school in one of six categories based on the
195	school's grade, pursuant to the education accountability
196	requirements of the state school grading system under s.
197	1008.34, and the level and rate of change in student performance
198	in the areas of reading and mathematics, disaggregated into
199	student subgroups according to the education accountability
200	requirements for meeting adequate yearly progress under federal
201	law. Student subgroups as set forth in the education
202	accountability requirements of the federal Elementary and
203	Secondary Education Act, 20 U.S.C. s. 6311(b)(2)(C)(v)(II),
204	include economically disadvantaged students, students from major
205	racial and ethnic groups, students with disabilities, and
206	students with limited English proficiency.
207	(b)  Schools in need of improvement must be targeted with
208	appropriate intervention and support strategies that address
209	student performance, including, but not limited to, improvement
210	planning, leadership quality improvement, educator quality
211	improvement, professional development, curriculum alignment and
212	pacing, and use of continuous improvement and monitoring plans
213	and processes. The State Board of Education may prescribe
214	reporting requirements to review and monitor the progress of the
215	schools.
216	(5)  The Department of Education shall create a matrix that
217	reflects which intervention and support strategies may be
218	applied to address the particular needs of schools in each
219	category.
220	(a)  Intervention and support strategies shall be applied
221	to schools based upon the school categorization. The most
222	intense intervention and support strategies shall be applied to
223	schools in the lowest performing category.
224	(b)  For a school identified in the category of lowest
225	performing schools, the school district must select one of the
226	following options and submit a plan to the State Board of
227	Education for implementing the option by the beginning of the
228	second year after such identification, unless the school
229	advances to a higher category pursuant to subsection (6) before
230	such time:
231	1.  Convert the school to a district-managed turnaround
232	school by means that include implementation of a turnaround plan
233	approved by the Commissioner of Education that becomes the
234	school's improvement plan;
235	2.  Reassign students to another school and monitor the
236	progress of each reassigned student;
237	3.  Close the school and authorize a sponsor to reopen the
238	school as a charter school or multiple charter schools; or
239	4.  Contract with an outside entity to operate the school.
240
241	Implementation of the option requires State Board of Education
242	approval. Once implemented, continuation of the option shall be
243	based on the school moving from the lowest performing category
244	or on approval by the State Board of Education upon finding that
245	it is likely that the school will move from the lowest
246	performing category if provided additional time to implement
247	intervention and support strategies.
248	(6)  In order to advance to a higher category, a school
249	must make significant progress by improving its school grade and
250	by increasing student performance in mathematics and reading.
251	Student performance must be evaluated for each student subgroup
252	as set forth in subsection (4).
253	(7)(a)  The State Board of Education may impose a public
254	reprimand upon a school district if a school within the district
255	deviates from or fails to implement any of the provisions of its
256	school improvement plan or this section.
257	(b)  If the deviation or failure is repeated, continuous,
258	or serious, the State Board of Education may withhold the
259	transfer of state funds generated by the students assigned to
260	the school and allowable federal funds.
261	(8)  Beginning July 1, 2009, the Department of Education
262	shall commence its duties under this section.
263	(9)  By July 1, 2010, the State Board of Education shall
264	adopt rules pursuant to ss. 120.536(1) and 120.54 for
265	implementation of this section.
266	Section 4.  Subsection (5) and paragraphs (b) and (d) of
267	subsection (6) of section 1008.345, Florida Statutes, are
268	amended to read:
269	1008.345  Implementation of state system of school
270	improvement and education accountability.--
271	(5)  The commissioner shall report to the Legislature and
272	recommend changes in state policy necessary to foster school
273	improvement and education accountability. Included in the report
274	shall be a list of the schools, including schools operating for
275	the purpose of providing educational services to youth in
276	Department of Juvenile Justice programs, for which district
277	school boards have developed school improvement assistance and
278	intervention plans and an analysis of the various strategies
279	used by the school boards. School reports shall be distributed
280	pursuant to this subsection and s. 1001.42(18)(b)(16)(e) and
281	according to rules adopted by the State Board of Education.
282	(6)
283	(b)  Upon request, the department shall provide technical
284	assistance and training to any school, including any school
285	operating for the purpose of providing educational services to
286	youth in Department of Juvenile Justice programs, school
287	advisory council, district, or district school board for
288	conducting needs assessments, developing and implementing school
289	improvement plans, developing and implementing assistance and
290	intervention plans, or implementing other components of school
291	improvement and accountability. Priority for these services
292	shall be given to schools designated with a grade of "D" or "F"
293	and school districts in rural and sparsely populated areas of
294	the state.
295	(d)  The commissioner shall assign a community assessment
296	team to each school district or governing board with a school
297	graded "F" to review the school performance data and determine
298	causes for the low performance, including the role of school,
299	area, and district administrative personnel. The community
300	assessment team shall review a high school's graduation rate
301	calculated without GED tests for the past 3 years, disaggregated
302	by student ethnicity. The team shall make recommendations to the
303	school board or the governing board, to the commissioner
304	department, and to the State Board of Education for implementing
305	an assistance and intervention plan that will address the causes
306	of the school's low performance and may be incorporated into the
307	school's improvement plan. The assessment team shall include,
308	but not be limited to, a department representative, parents,
309	business representatives, educators, representatives of local
310	governments, and community activists, and shall represent the
311	demographics of the community from which they are appointed.
312	Section 5.  Subsections (1) and (2) of section 1012.2315,
313	Florida Statutes, are amended to read:
314	1012.2315  Assignment of teachers.--
315	(1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
316	finds disparities between teachers assigned to teach in a
317	majority of schools that do not need improvement and schools
318	that do need improvement pursuant to s. 1008.33 "A" graded
319	schools and teachers assigned to teach in a majority of "F"
320	graded schools. The disparities may can be found in the
321	assignment of temporarily certified teachers, teachers in need
322	of improvement, and out-of-field teachers and in average years
323	of experience, the median salary, and the performance of the
324	students of a teacher teachers on teacher certification
325	examinations. It is the intent of the Legislature that district
326	school boards have flexibility through the collective bargaining
327	process to assign teachers more equitably across the schools in
328	the district.
329	(2)  ASSIGNMENT TO SCHOOLS CATEGORIZED AS IN NEED OF
330	IMPROVEMENT. GRADED "D" OR "F."--School districts may not assign
331	a higher percentage than the school district average of first-
332	time teachers, temporarily certified teachers, teachers in need
333	of improvement, or out-of-field teachers to schools categorized
334	as needing improvement pursuant to s. 1008.33. with above the
335	school district average of minority and economically
336	disadvantaged students or schools that are graded "D" or "F."
337	Each school district shall annually certify to the Commissioner
338	of Education that this requirement has been met. If the
339	commissioner determines that a school district is not in
340	compliance with this subsection, the State Board of Education
341	shall be notified and shall take action pursuant to s. 1008.32
342	in the next regularly scheduled meeting to require compliance.
343	Section 6.  Paragraph (p) of subsection (9) of section
344	1002.33, Florida Statutes, is amended to read:
345	1002.33  Charter schools.--
346	(9)  CHARTER SCHOOL REQUIREMENTS.--
347	(p)  Upon notification that a charter school receives a
348	school grade of "D" for 2 consecutive years or a school grade of
349	"F" under s. 1008.34(2), the charter school sponsor or the
350	sponsor's staff shall require the director and a representative
351	of the governing body to submit to the sponsor for approval a
352	school improvement plan to raise student achievement and to
353	implement the plan. The sponsor has the authority to approve a
354	school improvement plan that the charter school will implement
355	in the following school year. The sponsor may also consider the
356	State Board of Education's recommended action pursuant to s.
357	1008.33(1) as part of the school improvement plan. The
358	Department of Education shall offer technical assistance and
359	training to the charter school and its governing body and
360	establish guidelines for developing, submitting, and approving
361	such plans.
362	1.  If the charter school fails to improve its student
363	performance from the year immediately prior to the
364	implementation of the school improvement plan, the sponsor shall
365	place the charter school on probation and shall require the
366	charter school governing body to take one of the following
367	corrective actions:
368	a.  Contract for the educational services of the charter
369	school;
370	b.  Reorganize the school at the end of the school year
371	under a new director or principal who is authorized to hire new
372	staff and implement a plan that addresses the causes of
373	inadequate progress; or
374	c.  Reconstitute the charter school.
375	2.  A charter school that is placed on probation shall
376	continue the corrective actions required under subparagraph 1.
377	until the charter school improves its student performance from
378	the year prior to the implementation of the school improvement
379	plan.
380	3.  Notwithstanding any provision of this paragraph, the
381	sponsor may terminate the charter at any time pursuant to the
382	provisions of subsection (8).
383	Section 7.  This act shall take effect July 1, 2009.

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