CS/CS/HB 991

1	A bill to be entitled
2	An act relating to school improvement and accountability;
3	providing a short title; amending s. 1001.42, F.S.;
4	revising provisions relating to the powers and duties of
5	district school boards to implement the state system of
6	school improvement and education accountability; amending
7	s. 1008.33, F.S.; requiring that the State Board of
8	Education comply with the federal Elementary and Secondary
9	Education Act (ESEA); authorizing the state board to adopt
10	rules in compliance with the ESEA and rules to maintain
11	such compliance; providing requirements for the state
12	system of school improvement and education accountability;
13	requiring that school districts be held accountable for
14	improving the academic achievement of all students and
15	identifying and turning around low-performing schools;
16	requiring that the Department of Education categorize
17	public schools annually based on school grade and the
18	level and rate of change in student performance; providing
19	that schools are subject to certain intervention and
20	support strategies; authorizing the state board to
21	prescribe reporting requirements to review and monitor the
22	progress of schools; requiring that the department create
23	a matrix reflecting which intervention and support
24	strategies to apply to schools in each category; providing
25	criteria for categorizing schools as the lowest-performing
26	schools; requiring that a school district submit a plan,
27	subject to state board approval, for implementing one of
28	four options to improve the performance of the lowest-
29	performing schools; requiring that a school district
30	submit a plan, subject to state board approval, for
31	implementing another option under certain circumstances;
32	requiring that a school make significant progress by
33	improving its grade and increasing student performance in
34	mathematics and reading to advance to a higher category;
35	requiring the state board to adopt rules; amending s.
36	1008.345, F.S.; conforming provisions to changes made by
37	the act; amending s. 1012.2315, F.S.; revising legislative
38	findings and intent and provisions relating to the
39	assignment of teachers to conform to changes made by the
40	act; providing an effective date.
41
42	Be It Enacted by the Legislature of the State of Florida:
43
44	Section 1.  This act may be cited as "Florida's Equal
45	Opportunity in Education Act."
46	Section 2.  Subsection (18) of section 1001.42, Florida
47	Statutes, is amended to read:
48	1001.42  Powers and duties of district school board.--The
49	district school board, acting as a board, shall exercise all
50	powers and perform all duties listed below:
51	(18)  IMPLEMENT SCHOOL IMPROVEMENT AND
52	ACCOUNTABILITY.--Maintain a state system of school improvement
53	and education accountability as provided by statute and State
54	Board of Education rule. This system of school improvement and
55	education accountability shall be consistent with, and
56	implemented through, the district's continuing system of
57	planning and budgeting required by this section and ss.
58	1008.385, 1010.01, and 1011.01. This system of school
59	improvement and education accountability shall comply with the
60	provisions of ss. 1008.33, 1008.34, 1008.345, and 1008.385 and
61	include, but is not limited to, the following:
62	(a)  School improvement plans.--The district school board
63	shall annually approve and require implementation of a new,
64	amended, or continuation school improvement plan for each school
65	in the district. A district school board may establish a
66	district school improvement plan that includes all schools in
67	the district operating for the purpose of providing educational
68	services to youth in Department of Juvenile Justice programs.
69	The school improvement plan shall be designed to achieve the
70	state education priorities pursuant to s. 1000.03(5) and student
71	proficiency on the Sunshine State Standards pursuant to s.
72	1003.41. Each plan shall address student achievement goals and
73	strategies based on state and school district proficiency
74	standards. The plan may also address issues relative to other
75	academic-related matters, as determined by district school board
76	policy, and shall include an accurate, data-based analysis of
77	student achievement and other school performance data. Beginning
78	with plans approved for implementation in the 2007-2008 school
79	year, each secondary school plan must include a redesign
80	component based on the principles established in s. 1003.413.
81	For each school in the district that earns a school grade of "C"
82	or below, or is required to have a school improvement plan under
83	federal law, the school improvement plan shall, at a minimum,
84	also include:
85	1.  Professional development that supports enhanced and
86	differentiated instructional strategies to improve teaching and
87	learning.
88	2.  Continuous use of disaggregated student achievement
89	data to determine effectiveness of instructional strategies.
90	3.  Ongoing informal and formal assessments to monitor
91	individual student progress, including progress toward mastery
92	of the Sunshine State Standards, and to redesign instruction if
93	needed.
94	4.  Alternative instructional delivery methods to support
95	remediation, acceleration, and enrichment strategies.
96	(b)  Approval process.--Develop a process for approval of a
97	school improvement plan presented by an individual school and
98	its advisory council. In the event a district school board does
99	not approve a school improvement plan after exhausting this
100	process, the Department of Education shall be notified of the
101	need for assistance.
102	(c)  Assistance and intervention.--
103	1.  Develop a 2-year plan of increasing individualized
104	assistance and intervention for each school in danger of not
105	meeting state standards or making adequate progress, as defined
106	pursuant to statute and State Board of Education rule, toward
107	meeting the goals and standards of its approved school
108	improvement plan.
109	2.  Provide assistance and intervention to a school that is
110	designated with a grade of "D" pursuant to s. 1008.34 and is in
111	danger of failing.
112	3.  Develop a plan to encourage teachers with demonstrated
113	mastery in improving student performance to remain at or
114	transfer to a school with a grade of "D" or "F" or to an
115	alternative school that serves disruptive or violent youths. If
116	a classroom teacher, as defined by s. 1012.01(2)(a), who meets
117	the definition of teaching mastery developed according to the
118	provisions of this paragraph, requests assignment to a school
119	designated with a grade of "D" or "F" or to an alternative
120	school that serves disruptive or violent youths, the district
121	school board shall make every practical effort to grant the
122	request.
123	4.  Prioritize, to the extent possible, the expenditures of
124	funds received from the supplemental academic instruction
125	categorical fund under s. 1011.62(1)(f) to improve student
126	performance in schools that receive a grade of "D" or "F."
127	(d)  After 2 years.--Notify the Commissioner of Education
128	and the State Board of Education in the event any school does
129	not make adequate progress toward meeting the goals and
130	standards of a school improvement plan by the end of 2 years of
131	failing to make adequate progress and proceed according to
132	guidelines developed pursuant to statute and State Board of
133	Education rule. School districts shall provide intervention and
134	assistance to schools in danger of being designated with a grade
135	of "F," failing to make adequate progress.
136	(b)(e)  Public disclosure.--The district school board shall
137	provide information regarding the performance of students and
138	educational programs as required pursuant to ss. 1008.22 and
139	1008.385 and implement a system of school reports as required by
140	statute and State Board of Education rule which that shall
141	include schools operating for the purpose of providing
142	educational services to youth in Department of Juvenile Justice
143	programs, and for those schools, report on the elements
144	specified in s. 1003.52(19). Annual public disclosure reports
145	shall be in an easy-to-read report card format and shall include
146	the school's grade, high school graduation rate calculated
147	without GED tests, disaggregated by student ethnicity, and
148	performance data as specified in state board rule.
149	(c)(f)  School improvement funds.--The district school
150	board shall provide funds to schools for developing and
151	implementing school improvement plans. Such funds shall include
152	those funds appropriated for the purpose of school improvement
153	pursuant to s. 24.121(5)(c).
154	Section 3.  Section 1008.33, Florida Statutes, is amended
155	to read:
156	(Substantial rewording of section. See
157	s. 1008.33, F.S., for present text.)
158	1008.33  Authority to enforce public school improvement.--
159	(1)  The State Board of Education shall comply with the
160	federal Elementary and Secondary Education Act (ESEA), 20 U.S.C.
161	ss. 6301 et seq., and its implementing regulations. The State
162	Board of Education is authorized to adopt rules in compliance
163	with the ESEA and, after evaluating and determining that the
164	ESEA and its implementing regulations are consistent with the
165	statements of purpose set forth in the ESEA (2002), may adopt
166	rules to maintain compliance with the ESEA.
167	(2)(a)  Pursuant to subsection (1) and ss. 1008.34,
168	1008.345, and 1008.385, the State Board of Education shall hold
169	all school districts and public schools accountable for student
170	performance. The state board is responsible for a state system
171	of school improvement and education accountability that assesses
172	student performance by school, identifies schools in which
173	students are not making adequate progress toward state
174	standards, and institutes appropriate measures for enforcing
175	improvement.
176	(b)  The state system of school improvement and education
177	accountability must provide for uniform accountability
178	standards, provide assistance of escalating intensity to low-
179	performing schools, direct support to schools in order to
180	improve and sustain performance, focus on the performance of
181	student subgroups, and enhance student performance.
182	(c)  School districts must be held accountable for
183	improving the academic achievement of all students and for
184	identifying and turning around low-performing schools.
185	(3)(a)  The academic performance of all students has a
186	significant effect on the state school system. Pursuant to Art.
187	IX of the State Constitution, which prescribes the duty of the
188	State Board of Education to supervise Florida's public school
189	system, the State Board of Education shall equitably enforce the
190	accountability requirements of the state school system and may
191	impose state requirements on school districts in order to
192	improve the academic performance of all districts, schools, and
193	students based upon the provisions of the Florida K-20 Education
194	Code, chapters 1000-1013, and the federal Elementary and
195	Secondary Education Act, 20 U.S.C. ss. 6301 et seq., and its
196	implementing regulations.
197	(b)  For the purpose of determining whether a public school
198	requires action to achieve a sufficient level of school
199	improvement, the Department of Education shall annually
200	categorize a public school in one of six categories based on the
201	school's grade, pursuant to s. 1008.34, and the level and rate
202	of change in student performance in the areas of reading and
203	mathematics, disaggregated into student subgroups as described
204	in the federal Elementary and Secondary Education Act, 20 U.S.C.
205	s. 6311(b)(2)(C)(v)(II).
206	(c)  Appropriate intervention and support strategies shall
207	be applied to schools that require action to achieve a
208	sufficient level of improvement as described in paragraph (b).
209	The intervention and support strategies must address student
210	performance, including, but not limited to, improvement
211	planning, leadership quality improvement, educator quality
212	improvement, professional development, curriculum alignment and
213	pacing, and the use of continuous improvement and monitoring
214	plans and processes. The State Board of Education may prescribe
215	reporting requirements to review and monitor the progress of the
216	schools.
217	(4)  The Department of Education shall create a matrix that
218	reflects intervention and support strategies to address the
219	particular needs of schools in each category.
220	(a)  Intervention and support strategies shall be applied
221	to schools based upon the school categorization. The Department
222	of Education shall apply the most intense intervention
223	strategies to the lowest-performing schools. For all but the
224	lowest category and "F" schools in the second lowest category,
225	the intervention and support strategies shall be administered
226	solely by the districts and the schools.
227	(b)  The lowest-performing schools are schools that have
228	received:
229	1.  A grade of "F" in the most recent school year and in 4
230	of the last 6 years; or
231	2.  A grade of "D" or "F" in the most recent school year
232	and meet at least three of the following criteria:
233	a.  The percentage of students who are not proficient in
234	reading has increased when compared to measurements taken 5
235	years previously;
236	b.  The percentage of students who are not proficient in
237	mathematics has increased when compared to measurements taken 5
238	years previously;
239	c.  At least 65 percent of the school's students are not
240	proficient in reading; or
241	d.  At least 65 percent of the school's students are not
242	proficient in mathematics.
243	(5)(a)  In the school year after a school is initially
244	identified as a school in the lowest-performing category, the
245	school district must submit a plan, which is subject to approval
246	by the State Board of Education, for implementing one of the
247	following options at the beginning of the next school year. The
248	plan must be implemented unless the school moves from the
249	lowest-performing category:
250	1.  Convert the school to a district-managed turnaround
251	school by means that include implementing a turnaround plan
252	approved by the Commissioner of Education which shall become the
253	school's improvement plan;
254	2.  Reassign students to another school and monitor the
255	progress of each reassigned student;
256	3.  Close the school and reopen the school as one or more
257	charter schools each with a governing board that has a
258	demonstrated record of effectiveness; or
259	4.  Contract with an outside entity that has a demonstrated
260	record of effectiveness to operate the school.
261	(b)  If a school does not move from the lowest-performing
262	category during the initial year of implementing one of the
263	options in paragraph (a), the school district must submit a
264	plan, which is subject to approval by the State Board of
265	Education, for implementing a different option in paragraph (a)
266	at the beginning of the next school year, unless the State Board
267	of Education determines that the school is likely to move from
268	the lowest-performing category if additional time is provided to
269	implement intervention and support strategies. The State Board
270	of Education shall determine whether a school district may
271	continue to implement an option beyond 1 year while a school
272	remains in the lowest-performing category.
273	(6)  In order to advance to a higher category, a school
274	must make significant progress by improving its school grade and
275	by increasing student performance in mathematics and reading.
276	Student performance must be evaluated for each student subgroup
277	as set forth in paragraph (3)(b).
278	(7)  Beginning July 1, 2009, the Department of Education
279	shall commence its duties under this section.
280	(8)  By July 1, 2010, the State Board of Education shall
281	adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
282	this section. The state board shall consult with education
283	stakeholders in developing the rules.
284	Section 4.  Subsection (5) and paragraphs (b) and (d) of
285	subsection (6) of section 1008.345, Florida Statutes, are
286	amended to read:
287	1008.345  Implementation of state system of school
288	improvement and education accountability.--
289	(5)  The commissioner shall report to the Legislature and
290	recommend changes in state policy necessary to foster school
291	improvement and education accountability. Included in the report
292	shall be a list of the schools, including schools operating for
293	the purpose of providing educational services to youth in
294	Department of Juvenile Justice programs, for which district
295	school boards have developed assistance and intervention and
296	support strategies plans and an analysis of the various
297	strategies used by the school boards. School reports shall be
298	distributed pursuant to this subsection and s. 1001.42(18)(b) s.
299	1001.42(16)(e) and according to rules adopted by the State Board
300	of Education.
301	(6)
302	(b)  Upon request, the department shall provide technical
303	assistance and training to any school, including any school
304	operating for the purpose of providing educational services to
305	youth in Department of Juvenile Justice programs, school
306	advisory council, district, or district school board for
307	conducting needs assessments, developing and implementing school
308	improvement plans, developing and implementing assistance and
309	intervention plans, or implementing other components of school
310	improvement and accountability. Priority for these services
311	shall be given to schools designated with a grade of "D" or "F"
312	and school districts in rural and sparsely populated areas of
313	the state.
314	(d)  The commissioner shall assign a community assessment
315	team to each school district or governing board with a school
316	graded "F" or a school in the lowest-performing category
317	pursuant to s. 1008.33 to review the school performance data and
318	determine causes for the low performance, including the role of
319	school, area, and district administrative personnel. The
320	community assessment team shall review a high school's
321	graduation rate calculated without GED tests for the past 3
322	years, disaggregated by student ethnicity. The team shall make
323	recommendations to the school board or the governing board, to
324	the department, and to the State Board of Education which for
325	implementing an assistance and intervention plan that will
326	address the causes of the school's low performance and may be
327	incorporated into the school improvement plan. The assessment
328	team shall include, but not be limited to, a department
329	representative, parents, business representatives, educators,
330	representatives of local governments, and community activists,
331	and shall represent the demographics of the community from which
332	they are appointed.
333	Section 5.  Subsections (1) and (2) of section 1012.2315,
334	Florida Statutes, are amended to read:
335	1012.2315  Assignment of teachers.--
336	(1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
337	finds disparities between teachers assigned to teach in a
338	majority of schools that do not need improvement and schools
339	that do need improvement pursuant to s. 1008.33 "A" graded
340	schools and teachers assigned to teach in a majority of "F"
341	graded schools. The disparities may can be found in the
342	assignment of temporarily certified teachers, teachers in need
343	of improvement, and out-of-field teachers and in average years
344	of experience, the median salary, and the performance of the
345	students teachers on teacher certification examinations. It is
346	the intent of the Legislature that district school boards have
347	flexibility through the collective bargaining process to assign
348	teachers more equitably across the schools in the district.
349	(2)  ASSIGNMENT TO SCHOOLS CATEGORIZED AS IN NEED OF
350	IMPROVEMENT. GRADED "D" OR "F."--School districts may not assign
351	a higher percentage than the school district average of first-
352	time teachers, temporarily certified teachers, teachers in need
353	of improvement, or out-of-field teachers to schools in one of
354	the three lowest-performing categories under s. 1008.33(3)(b).
355	with above the school district average of minority and
356	economically disadvantaged students or schools that are graded
357	"D" or "F." Each school district shall annually certify to the
358	Commissioner of Education that this requirement has been met. If
359	the commissioner determines that a school district is not in
360	compliance with this subsection, the State Board of Education
361	shall be notified and shall take action pursuant to s. 1008.32
362	in the next regularly scheduled meeting to require compliance.
363	Section 6.  This act shall take effect July 1, 2009.
364

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