HB 639

1	A bill to be entitled
2	An act relating to public school student progression;
3	amending s. 1008.25, F.S.; providing a process by which
4	the retention of a third grade student who exhibits a
5	reading deficiency may be appealed; providing for
6	exemption from mandatory retention through successful
7	appeal; requiring the Department of Education to establish
8	an appeal process; specifying circumstances recognized as
9	justification for granting an appeal; requiring assessment
10	and evaluation; providing for reporting; providing an
11	effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Subsection (5) and paragraph (b) of subsection
16	(6) of section 1008.25, Florida Statutes, are amended, present
17	subsections (7), (9), and (10) are renumbered as subsections
18	(8), (10), and (11), respectively, present subsection (8) is
19	renumbered as subsection (9) and amended, and a new subsection
20	(7) is added to that section, to read:
21	1008.25  Public school student progression; remedial
22	instruction; reporting requirements.-
23	(5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.-
24	(a)  It is the ultimate goal of the Legislature that every
25	student read at or above grade level. Any student who exhibits a
26	substantial deficiency in reading, based upon locally determined
27	or statewide assessments conducted in kindergarten or grade 1,
28	grade 2, or grade 3, or through teacher observations, must be
29	given intensive reading instruction immediately following the
30	identification of the reading deficiency. The student's reading
31	proficiency must be reassessed by locally determined assessments
32	or through teacher observations at the beginning of the grade
33	following the intensive reading instruction. The student must
34	continue to be provided with intensive reading instruction until
35	the reading deficiency is remedied.
36	(b)  Beginning with the 2002-2003 school year, if the
37	student's reading deficiency, as identified in paragraph (a), is
38	not remedied by the end of grade 3, as demonstrated by scoring
39	at Level 2 or higher on the statewide assessment test in reading
40	for grade 3, the student must be retained.
41	(c)  The parent of any student who exhibits a substantial
42	deficiency in reading, as described in paragraph (a), must be
43	notified in writing of the following:
44	1.  That his or her child has been identified as having a
45	substantial deficiency in reading.
46	2.  A description of the current services that are provided
47	to the child.
48	3.  A description of the proposed supplemental
49	instructional services and supports that will be provided to the
50	child that are designed to remediate the identified area of
51	reading deficiency.
52	4.  That if the child's reading deficiency is not
53	remediated by the end of grade 3, the child must be retained
54	unless he or she is exempt from mandatory retention for good
55	cause.
56	5.  The availability of an appeal process for a student who
57	is to be retained pursuant to paragraph (b).
58	6.5.  Strategies for parents to use in helping their child
59	succeed in reading proficiency.
60	7.6.  That the Florida Comprehensive Assessment Test (FCAT)
61	is not the sole determiner of promotion and that additional
62	evaluations, portfolio reviews, and assessments are available to
63	the child to assist parents and the school district in knowing
64	when a child is reading at or above grade level and ready for
65	grade promotion.
66	8.7.  The district's specific criteria and policies for
67	midyear promotion. Midyear promotion means promotion of a
68	retained student at any time during the year of retention once
69	the student has demonstrated ability to read at grade level.
70	(6)  ELIMINATION OF SOCIAL PROMOTION.-
71	(b)  The district school board may only exempt students
72	from mandatory retention, as provided in paragraph (5)(b), for
73	good cause or for successful appeal of their retention under
74	subsection (7). Good cause exemptions shall be limited to the
75	following:
76	1.  Limited English proficient students who have had less
77	than 2 years of instruction in an English for Speakers of Other
78	Languages program.
79	2.  Students with disabilities whose individual education
80	plan indicates that participation in the statewide assessment
81	program is not appropriate, consistent with the requirements of
82	State Board of Education rule.
83	3.  Students who demonstrate an acceptable level of
84	performance on an alternative standardized reading assessment
85	approved by the State Board of Education.
86	4.  Students who demonstrate, through a student portfolio,
87	that the student is reading on grade level as evidenced by
88	demonstration of mastery of the Sunshine State Standards in
89	reading equal to at least a Level 2 performance on the FCAT.
90	5.  Students with disabilities who participate in the FCAT
91	and who have an individual education plan or a Section 504 plan
92	that reflects that the student has received intensive
93	remediation in reading for more than 2 years but still
94	demonstrates a deficiency in reading and was previously retained
95	in kindergarten, grade 1, grade 2, or grade 3.
96	6.  Students who have received intensive remediation in
97	reading for 2 or more years but still demonstrate a deficiency
98	in reading and who were previously retained in kindergarten,
99	grade 1, grade 2, or grade 3 for a total of 2 years. Intensive
100	reading instruction for students so promoted must include an
101	altered instructional day that includes specialized diagnostic
102	information and specific reading strategies for each student.
103	The district school board shall assist schools and teachers to
104	implement reading strategies that research has shown to be
105	successful in improving reading among low-performing readers.
106	(7)  APPEALS FOR EXEMPTION FROM MANDATORY RETENTION.-
107	(a)  The Legislature recognizes that there are unusual and
108	unique circumstances that may warrant a student's exemption from
109	mandatory retention. The Department of Education shall establish
110	an appeal process in which the parent of a student who is to be
111	retained pursuant to paragraph (5)(b) may seek an exemption from
112	mandatory retention from the district school board. A majority
113	vote of the membership of the district school board is required
114	for such exemption.
115	(b)  Circumstances that shall be recognized as
116	justification for granting an appeal include:
117	1.  A student suffers physical or emotional trauma
118	resulting in test anxiety, including, but not limited to, death
119	of a family member, removal from the home, or serious illness or
120	injury to the student or a family member.
121	2.  A student develops unusual test anxiety, especially
122	when it arises from being threatened with retention.
123	(c)  A parent shall have input as to the types of
124	additional support the student will receive to overcome his or
125	her deficiency.
126	(d)  When an appeal is filed with the district school
127	board, the school shall provide an independent assessment of the
128	student's academic needs by a qualified school psychologist.
129	(e)  The school principal shall evaluate the assessment,
130	discuss the assessment with the student's teacher and parent,
131	and make a recommendation to the district school board within 30
132	days after receipt of the assessment.
133	(f)  If a parent wishes to appeal his or her child's
134	retention but does not have the means or resources to do so, the
135	school district shall appoint a qualified advocate to intervene
136	on the child's behalf during the appeal process.
137	(g)  School personnel, including guidance counselors and
138	teachers, may initiate the appeal process on behalf of a student
139	but must receive the parent's permission to do so before
140	proceeding with an appeal.
141	(9)(8)  ANNUAL REPORT.-
142	(a)  In addition to the requirements in paragraph
143	(5)(c)(b), each district school board must annually report to
144	the parent of each student the progress of the student toward
145	achieving state and district expectations for proficiency in
146	reading, writing, science, and mathematics. The district school
147	board must report to the parent the student's results on each
148	statewide assessment test. The evaluation of each student's
149	progress must be based upon the student's classroom work,
150	observations, tests, district and state assessments, and other
151	relevant information. Progress reporting must be provided to the
152	parent in writing in a format adopted by the district school
153	board.
154	(b)  Each district school board must annually publish in
155	the local newspaper, and report in writing to the State Board of
156	Education by September 1 of each year, the following information
157	on the prior school year:
158	1.  The provisions of this section relating to public
159	school student progression and the district school board's
160	policies and procedures on student retention and promotion.
161	2.  By grade, the number and percentage of all students in
162	grades 3 through 10 performing at Levels 1 and 2 on the reading
163	portion of the FCAT.
164	3.  By grade, the number and percentage of all students
165	retained in grades 3 through 10.
166	4.  Information on the total number of students who were
167	promoted for good cause, by each category of good cause as
168	specified in paragraph (6)(b).
169	5.  Information on the total number of students who were
170	promoted as a result of appealing their retention under
171	subsection (7).
172	6.5.  Any revisions to the district school board's policy
173	on student retention and promotion from the prior year.
174	(c)  The Department of Education shall establish a uniform
175	format for school districts to report the information required
176	in paragraph (b). The format shall be developed with input from
177	district school boards and shall be provided not later than 90
178	days prior to the annual due date. The department shall annually
179	compile the information required in subparagraphs (b)2., 3., and
180	4., and 5., along with state-level summary information, and
181	report such information to the Governor, the President of the
182	Senate, and the Speaker of the House of Representatives.
183	Section 2.  This act shall take effect July 1, 2010.

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