CS for SB 1642                                   First Engrossed
       
       
       
       
       
       
       
       
       20141642e1
       
    1                        A bill to be entitled                      
    2         An act relating to education accountability; amending
    3         s. 1008.34, F.S.; providing definitions for the
    4         statewide, standardized assessment program and school
    5         grading system; deleting annual reports; revising
    6         authority over allocation of a school’s budget based
    7         on school grades; revising the basis for the
    8         calculation of school grades; revising the contents of
    9         the school report card; revising the basis for the
   10         calculation of district grades; requiring the
   11         Department of Education to develop a district report
   12         card; providing for transition to the revised school
   13         grading system; amending s. 1001.42, F.S.; revising
   14         criteria that necessitate a school’s improvement plan
   15         to include certain strategies; amending s. 1002.33,
   16         F.S.; revising cross-references; amending s. 1003.621,
   17         F.S.; revising cross-references; amending s. 1008.31,
   18         F.S.; revising legislative intent for the K-20
   19         education performance accountability system; amending
   20         s. 1008.33, F.S.; conforming provisions relating to
   21         school improvement and education accountability;
   22         amending s. 1008.341, F.S.; revising provisions
   23         relating to the school improvement rating for
   24         alternative schools; amending s. 1008.3415, F.S.;
   25         correcting cross-references; amending s. 1008.22,
   26         F.S.; providing that a child with a medical complexity
   27         may be exempt from participating in statewide,
   28         standardized assessments under specified
   29         circumstances; defining the term “child with a medical
   30         complexity”; authorizing a parent to choose assessment
   31         exemption options; specifying the assessment exemption
   32         options; requiring the Commissioner of Education to
   33         report to the Legislature regarding the implementation
   34         of the exemption; amending s. 1008.345, F.S.; revising
   35         the contents of the Commissioner of Education’s report
   36         on school improvement and education accountability to
   37         include student learning growth information and
   38         intervention and support strategies; amending s.
   39         1011.64, F.S.; correcting a cross-reference; amending
   40         s. 1008.22, F.S.; authorizing use of teacher-selected
   41         or principal selected assessments as a form of local
   42         assessment; requiring a district school board to adopt
   43         policies relating to selection, development,
   44         administration, and scoring of local assessments;
   45         amending s. 1012.34, F.S.; providing information to be
   46         included in annual reports on the approval and
   47         implementation status of school district personnel
   48         evaluation systems; revising provisions relating to
   49         the measurement of student learning growth for
   50         purposes of personnel evaluation; conforming State
   51         Board of Education rulemaking relating to performance
   52         evaluations; providing for transition to new
   53         statewide, standardized assessments; authorizing bonus
   54         rewards to school districts for progress toward
   55         educator effectiveness; amending s. 1012.341, F.S.;
   56         removing rulemaking authority and establishing a
   57         compliance verification process for the exemption from
   58         performance evaluation system, compensation, and
   59         salary schedule requirements; providing an effective
   60         date.
   61          
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Section 1008.34, Florida Statutes, is amended to
   65  read:
   66         1008.34 School grading system; school report cards;
   67  district grade.—
   68         (1) DEFINITIONS.—For purposes of the statewide,
   69  standardized assessment program and school grading system, the
   70  following terms are defined:
   71         (a)“Achievement level,” “student achievement,” or
   72  “achievement” describes the level of content mastery a student
   73  has acquired in a particular subject as measured by a statewide,
   74  standardized assessment administered pursuant to s.
   75  1008.22(3)(a) and (b). There are five achievement levels. Level
   76  1 is the lowest achievement level, level 5 is the highest
   77  achievement level, and level 3 indicates satisfactory
   78  performance. A student passes an assessment if the student
   79  achieves a level 3, level 4, or level 5. For purposes of the
   80  Florida Alternate Assessment administered pursuant to s.
   81  1008.22(3)(c), the state board shall provide, in rule, the
   82  number of achievement levels and identify the achievement levels
   83  that are considered passing.
   84         (b) “Learning Gains,” “annual learning gains,” or “student
   85  learning gains” means the degree of student learning growth
   86  occurring from one school year to the next as required by state
   87  board rule for purposes of calculating school grades under this
   88  section.
   89         (c) “Student performance,” “student academic performance,”
   90  or “academic performance” includes, but is not limited to,
   91  student learning growth, achievement levels, and Learning Gains
   92  on statewide, standardized assessments administered pursuant to
   93  s. 1008.22.
   94         (1) ANNUAL REPORTS.—The Commissioner of Education shall
   95  prepare annual reports of the results of the statewide
   96  assessment program which describe student achievement in the
   97  state, each district, and each school. The commissioner shall
   98  prescribe the design and content of these reports, which must
   99  include descriptions of the performance of all schools
  100  participating in the assessment program and all of their major
  101  student populations as determined by the commissioner. The
  102  report must also include the percent of students performing at
  103  or above grade level and making learning gains in reading and
  104  mathematics. The provisions of s. 1002.22 pertaining to student
  105  records apply to this section.
  106         (2) SCHOOL GRADES.—The annual report shall identify Schools
  107  shall be graded using as having one of the following grades,
  108  defined according to rules of the State Board of Education:
  109         (a) “A,” schools making excellent progress.
  110         (b) “B,” schools making above average progress.
  111         (c) “C,” schools making satisfactory progress.
  112         (d) “D,” schools making less than satisfactory progress.
  113         (e) “F,” schools failing to make adequate progress.
  114  
  115  Each school that earns a grade of “A” or improves at least two
  116  letter grades may shall have greater authority over the
  117  allocation of the school’s total budget generated from the FEFP,
  118  state categoricals, lottery funds, grants, and local funds, as
  119  specified in state board rule. The rule must provide that the
  120  increased budget authority shall remain in effect until the
  121  school’s grade declines.
  122         (3) DESIGNATION OF SCHOOL GRADES.—
  123         (a) Each school must assess at least 95 percent of its
  124  eligible students, except as provided under s. 1008.341 for
  125  alternative schools. Beginning with the 2013-2014 school year,
  126  Each school that has students who are tested and included in the
  127  school grading system shall receive a school grade based on the
  128  school’s performance on the components listed in subparagraphs
  129  (b)1. and 2. If a school does not have at least 10 students with
  130  complete data for one or more of the components listed in
  131  subparagraphs (b)1. and 2., those components may not be used in
  132  calculating the school’s grade. if the number of its students
  133  tested on statewide assessments pursuant to s. 1008.22 meets or
  134  exceeds the minimum sample size of 10, except as follows:
  135         1. An alternative school may choose to receive a school
  136  grade under this section or a school improvement rating under s.
  137  1008.341. For charter schools that meet the definition of an
  138  alternative school pursuant to State Board of Education rule,
  139  the decision to receive a school grade is the decision of the
  140  charter school governing board.
  141         2. A school that serves any combination of students in
  142  kindergarten through grade 3 that which does not receive a
  143  school grade because its students are not tested and included in
  144  the school grading system shall receive the school grade
  145  designation of a K-3 feeder pattern school identified by the
  146  Department of Education and verified by the school district. A
  147  school feeder pattern exists if at least 60 percent of the
  148  students in the school serving a combination of students in
  149  kindergarten through grade 3 are scheduled to be assigned to the
  150  graded school.
  151         3. If a collocated school does not earn a school grade or
  152  school improvement rating for the performance of its students,
  153  the student performance data of all schools operating at the
  154  same facility must be aggregated to develop a school grade that
  155  will be assigned to all schools at that location. A collocated
  156  school is a school that has its own unique master school
  157  identification number, provides for the education of each of its
  158  enrolled students, and operates at the same facility as another
  159  school that has its own unique master school identification
  160  number and provides for the education of each of its enrolled
  161  students.
  162         (b)1. Beginning with the 2014-2015 school year, a school’s
  163  grade shall be based on the following components, each worth 100
  164  points a combination of:
  165         a. The percentage of eligible students passing Student
  166  achievement scores on statewide, standardized assessments in
  167  English Language Arts under s. 1008.22(3) 1008.22 and
  168  achievement scores for students seeking a special diploma.
  169         b. The percentage of eligible students passing statewide,
  170  standardized assessments in mathematics under s. 1008.22(3).
  171         c. The percentage of eligible students passing statewide,
  172  standardized assessments in science under s. 1008.22(3).
  173         d. The percentage of eligible students passing the
  174  statewide, standardized assessments in social studies under s.
  175  1008.22(3).
  176         e.b.The percentage of eligible students who make Student
  177  Learning Gains in FCAT Reading or, upon transition to common
  178  core assessments, the common core English Language Arts and
  179  Mathematics assessments as measured by statewide, standardized
  180  assessments administered under pursuant to s. 1008.22(3)
  181  1008.22, including learning gains for students seeking a special
  182  diploma, as measured by an alternate assessment.
  183         f. The percentage of eligible students who make Learning
  184  Gains in mathematics as measured by statewide, standardized
  185  assessments administered under s. 1008.22(3).
  186         g.c.The percentage of eligible students in Improvement of
  187  the lowest 25 percent in English Language Arts, as identified by
  188  prior year performance on statewide, standardized assessments,
  189  who make Learning Gains as measured by statewide, standardized
  190  English Language Arts assessments administered under s.
  191  1008.22(3) 25th percentile of students in the school in reading
  192  or, upon transition to common core assessments, English Language
  193  Arts and Mathematics assessments administered pursuant to s.
  194  1008.22, unless these students are exhibiting satisfactory
  195  performance.
  196         h. The percentage of eligible students in the lowest 25
  197  percent in mathematics, as identified by prior year performance
  198  on statewide, standardized assessments, who make Learning Gains
  199  as measured by statewide, standardized mathematics assessments
  200  administered under s. 1008.22(3).
  201         i. For schools comprised of middle grades 6 through 8 or
  202  grades 7 and 8, the percentage of eligible students passing high
  203  school level statewide, standardized end-of-course assessments
  204  or attaining national industry certifications identified in the
  205  Industry Certification Funding List pursuant to rules adopted by
  206  the State Board of Education.
  207  
  208  In calculating Learning Gains for the components listed in sub
  209  subparagraphs e.-h., the State Board of Education shall require
  210  that learning growth toward achievement levels 3, 4, and 5 is
  211  demonstrated by students who scored below each of those levels
  212  in the prior year. In calculating the components in sub
  213  subparagraphs a.-d., the state board shall include the
  214  performance of English language learners only if they have been
  215  enrolled in a school in the United States for more than 2 years.
  216         2. Beginning with the 2011-2012 school year, for schools
  217  comprised of middle grades 6 through 8 or grades 7 and 8, the
  218  school’s grade shall include the performance and participation
  219  of its students enrolled in high school level courses with
  220  statewide, standardized assessments administered under s.
  221  1008.22. Performance and participation must be weighted equally.
  222  As valid data becomes available, the school grades shall include
  223  the students’ attainment of national industry certification
  224  identified in the Industry Certification Funding List pursuant
  225  to rules adopted by the state board.
  226         2.3.Beginning with the 2009-2010 school year For a school
  227  schools comprised of high school grades 9, 10, 11, and 12, or
  228  grades 10, 11, and 12, the school’s grade at least 50 percent of
  229  the school grade shall also be based on a combination of the
  230  factors listed in sub-subparagraphs 1.a.-c. and the remaining
  231  percentage on the following components, each worth 100 points
  232  factors:
  233         a. The 4-year high school graduation rate of the school as
  234  defined by state board rule.;
  235         b. The percentage of students who were eligible to earn
  236  college and career credit through As valid data becomes
  237  available, the performance and participation of the school’s
  238  students in College Board Advanced Placement examinations
  239  courses, International Baccalaureate examinations courses, dual
  240  enrollment courses, or and Advanced International Certificate of
  241  Education examinations courses; or who, at any time during high
  242  school, earned and the students’ achievement of national
  243  industry certification identified in the Industry Certification
  244  Funding List, pursuant to rules adopted by the state board.;
  245         (c)1. The calculation of a school grade shall be based on
  246  the percentage of points earned from the components listed in
  247  subparagraph (b)1. and, if applicable, subparagraph (b)2. The
  248  State Board of Education shall adopt in rule a school grading
  249  scale that sets the percentage of points needed to earn each of
  250  the school grades listed in subsection (2). There shall be at
  251  least five percentage points separating the percentage
  252  thresholds needed to earn each of the school grades. The state
  253  board shall periodically review the school grading scale to
  254  determine if the scale should be adjusted upward to meet raised
  255  expectations and encourage increased student performance. If the
  256  state board adjusts the grading scale upward, the state board
  257  must inform the public and the school districts of the reasons
  258  for and degree of the adjustment and its anticipated impact on
  259  school grades.
  260         2. The calculation of school grades may not include any
  261  provision that would raise or lower the school’s grade beyond
  262  the percentage of points earned. Extra weight may not be added
  263  in the calculation of any components.
  264         c. Postsecondary readiness of all of the school’s on-time
  265  graduates as measured by the SAT, the ACT, the Postsecondary
  266  Education Readiness Test, or the common placement test;
  267         d. The high school graduation rate of at-risk students, who
  268  score Level 1 or Level 2 on grade 8 FCAT Reading or the English
  269  Language Arts and mathematics assessments administered under s.
  270  1008.22;
  271         e. As valid data becomes available, the performance of the
  272  school’s students on statewide, standardized end-of-course
  273  assessments administered under s. 1008.22(3)(b)4. and 5.; and
  274         f. The growth or decline in the components listed in sub
  275  subparagraphs a.-e. from year to year.
  276         (c) Student assessment data used in determining school
  277  grades shall include:
  278         1. The aggregate scores of all eligible students enrolled
  279  in the school who have been assessed on statewide, standardized
  280  assessments in courses required for high school graduation,
  281  including, beginning with the 2011-2012 school year, the end-of
  282  course assessment in Algebra I; and beginning with the 2012-2013
  283  school year, the end-of-course assessments in Geometry and
  284  Biology I; and beginning with the 2014-2015 school year, on the
  285  statewide, standardized end-of-course assessment in civics
  286  education at the middle grades level.
  287         2. The aggregate scores of all eligible students enrolled
  288  in the school who have been assessed on statewide, standardized
  289  assessments under s. 1008.22 and who have scored at or in the
  290  lowest 25th percentile of students in the school in reading and
  291  mathematics, unless these students are exhibiting satisfactory
  292  performance.
  293         (d) The performance of students attending alternative
  294  schools and students designated as hospital or homebound shall
  295  be factored into a school grade as follows:
  296         1.3. The student performance data for achievement scores
  297  and learning gains of eligible students attending alternative
  298  schools that provide dropout prevention and academic
  299  intervention services pursuant to s. 1003.53 shall be included
  300  in the calculation of the home school’s grade. The term
  301  “eligible students” in this subparagraph does not include
  302  students attending an alternative school who are subject to
  303  district school board policies for expulsion for repeated or
  304  serious offenses, who are in dropout retrieval programs serving
  305  students who have officially been designated as dropouts, or who
  306  are in programs operated or contracted by the Department of
  307  Juvenile Justice. The student performance data for eligible
  308  students identified in this subparagraph shall be included in
  309  the calculation of the home school’s grade. As used in this
  310  subparagraph and s. 1008.341, the term “home school” means the
  311  school to which the student would be assigned if the student
  312  were not assigned to an alternative school. If an alternative
  313  school chooses to be graded under this section, student
  314  performance data for eligible students identified in this
  315  subparagraph shall not be included in the home school’s grade
  316  but shall be included only in the calculation of the alternative
  317  school’s grade. A school district that fails to assign
  318  statewide, standardized end-of-course assessment scores of each
  319  of its students to his or her home school or to the alternative
  320  school that receives a grade shall forfeit Florida School
  321  Recognition Program funds for one 1 fiscal year. School
  322  districts must require collaboration between the home school and
  323  the alternative school in order to promote student success. This
  324  collaboration must include an annual discussion between the
  325  principal of the alternative school and the principal of each
  326  student’s home school concerning the most appropriate school
  327  assignment of the student.
  328         2.4. Student performance data for The achievement scores
  329  and learning gains of students designated as hospital or
  330  homebound hospital- or homebound. Student assessment data for
  331  students designated as hospital- or homebound shall be assigned
  332  to their home school for the purposes of school grades. As used
  333  in this subparagraph, the term “home school” means the school to
  334  which a student would be assigned if the student were not
  335  assigned to a hospital or homebound hospital- or homebound
  336  program.
  337         5. For schools comprised of high school grades 9, 10, 11,
  338  and 12, or grades 10, 11, and 12, the data listed in
  339  subparagraphs 1.-3. and the following data as the Department of
  340  Education determines such data are valid and available:
  341         a. The high school graduation rate of the school as
  342  calculated by the department;
  343         b. The participation rate of all eligible students enrolled
  344  in the school and enrolled in College Board Advanced Placement
  345  courses; International Baccalaureate courses; dual enrollment
  346  courses; Advanced International Certificate of Education
  347  courses; and courses or sequences of courses leading to national
  348  industry certification identified in the Industry Certification
  349  Funding List, pursuant to rules adopted by the State Board of
  350  Education;
  351         c. The aggregate scores of all eligible students enrolled
  352  in the school in College Board Advanced Placement courses,
  353  International Baccalaureate courses, and Advanced International
  354  Certificate of Education courses;
  355         d. Earning of college credit by all eligible students
  356  enrolled in the school in dual enrollment programs under s.
  357  1007.271;
  358         e. Earning of a national industry certification identified
  359  in the Industry Certification Funding List, pursuant to rules
  360  adopted by the State Board of Education;
  361         f. The aggregate scores of all eligible students enrolled
  362  in the school in reading, mathematics, and other subjects as
  363  measured by the SAT, the ACT, the Postsecondary Education
  364  Readiness Test, and the common placement test for postsecondary
  365  readiness;
  366         g. The high school graduation rate of all eligible at-risk
  367  students enrolled in the school who scored Level 2 or lower on
  368  grade 8 FCAT Reading and FCAT Mathematics;
  369         h. The performance of the school’s students on statewide,
  370  standardized end-of-course assessments administered under s.
  371  1008.22(3)(b)4. and 5.; and
  372         i. The growth or decline in the data components listed in
  373  sub-subparagraphs a.-h. from year to year.
  374  
  375  The State Board of Education shall adopt appropriate criteria
  376  for each school grade. The criteria must also give added weight
  377  to student achievement in reading. Schools earning a grade of
  378  “C,” making satisfactory progress, shall be required to
  379  demonstrate that adequate progress has been made by students in
  380  the school who are in the lowest 25th percentile in reading and
  381  mathematics on statewide, standardized assessments under s.
  382  1008.22, unless these students are exhibiting satisfactory
  383  performance. For schools comprised of high school grades 9, 10,
  384  11, and 12, or grades 10, 11, and 12, the criteria for school
  385  grades must also give added weight to the graduation rate of all
  386  eligible at-risk students. In order for a high school to earn a
  387  grade of “A,” the school must demonstrate that its at-risk
  388  students, as defined in this paragraph, are making adequate
  389  progress.
  390         (4) SCHOOL IMPROVEMENT RATINGS.—The annual report shall
  391  identify each school’s performance as having improved, remained
  392  the same, or declined. This school improvement rating shall be
  393  based on a comparison of the current year’s and previous year’s
  394  student and school performance data. A school that improves its
  395  rating by at least one level is eligible for school recognition
  396  awards pursuant to s. 1008.36.
  397         (4)(5) SCHOOL REPORT CARD.—The Department of Education
  398  shall annually develop, in collaboration with the school
  399  districts, a school report card to be provided by the school
  400  district to parents within the district. The report card shall
  401  include the school’s grade; student performance in English
  402  Language Arts, mathematics, science, and social studies;,
  403  information regarding school improvement;, an explanation of
  404  school performance as evaluated by the federal Elementary and
  405  Secondary Education Act (ESEA), 20 U.S.C. ss. 6301 et seq.;, and
  406  indicators of return on investment. Each school’s report card
  407  shall be published annually by the department on its website
  408  based upon the most recent data available.
  409         (6) PERFORMANCE-BASED FUNDING.—The Legislature may factor
  410  in the performance of schools in calculating any performance
  411  based funding policy that is provided for annually in the
  412  General Appropriations Act.
  413         (5)(7) DISTRICT GRADE.—The annual report required by
  414  subsection (1) shall include the school district’s grade.
  415  Beginning with the 2014-2015 school year, a school district’s
  416  grade shall include a district-level calculation of the
  417  components under paragraph (3)(b) be calculated using student
  418  performance and learning gains data on statewide assessments
  419  used for determining school grades under subparagraph (3)(b)1.
  420  for each eligible student enrolled for a full school year in the
  421  district. This calculation methodology captures each eligible
  422  student in the district who may have transferred among schools
  423  within the district or is enrolled in a school that does not
  424  receive a grade. The department shall develop a district report
  425  card that includes the district grade; the information required
  426  under s. 1008.345(5); measures of the district’s progress in
  427  closing the achievement gap between higher-performing student
  428  subgroups and lower-performing student subgroups; measures of
  429  the district’s progress in demonstrating Learning Gains of its
  430  highest-performing students; measures of the district’s success
  431  in improving student attendance; the district’s grade-level
  432  promotion of students scoring achievement levels 1 and 2 on
  433  statewide, standardized English Language Arts and mathematics
  434  assessments; and measures of the district’s performance in
  435  preparing students for the transition from elementary to middle
  436  school, middle to high school, and high school to postsecondary
  437  institutions and careers.
  438         (6)(8) RULES.—The State Board of Education shall adopt
  439  rules under ss. 120.536(1) and 120.54 to administer this
  440  section.
  441         (7) TRANSITION.—School grades and school improvement
  442  ratings pursuant to s. 1008.341 for the 2013-2014 school year
  443  shall be calculated based on statutes and rules in effect on
  444  June 30, 2014. To assist in the transition to 2014-2015 school
  445  grades, calculated based on new statewide, standardized
  446  assessments administered pursuant to s. 1008.22, the 2014-2015
  447  school grades shall serve as an informational baseline for
  448  schools to work toward improved performance in future years.
  449  Accordingly, notwithstanding any other provision of law:
  450         (a) A school may not be required to select and implement a
  451  turnaround option pursuant to s. 1008.33 in the 2015-2016 school
  452  year based on the school’s 2014-2015 grade or school improvement
  453  rating under s. 1008.341, as applicable.
  454         (b)1. A school or approved provider under s. 1002.45 that
  455  receives the same or a lower school grade or school improvement
  456  rating for the 2014-2015 school year compared to the 2013-2014
  457  school year is not subject to sanctions or penalties that would
  458  otherwise occur as a result of the 2014-2015 school grade or
  459  rating. A charter school system or a school district designated
  460  as high performing may not lose the designation based on the
  461  2014-2015 school grades of any of the schools within the charter
  462  school system or school district, as applicable.
  463         2. The Florida School Recognition Program established under
  464  s. 1008.36 shall continue to be implemented as otherwise
  465  provided in the General Appropriations Act.
  466         (c) For purposes of determining grade 3 retention pursuant
  467  to s. 1008.25(5) and high school graduation pursuant to s.
  468  1003.4282, student performance on the 2014-2015 statewide,
  469  standardized assessments shall be linked to 2013-2014 student
  470  performance expectations.
  471  
  472  This subsection is repealed July 1, 2017.
  473         Section 2. Subsection (18) of section 1001.42, Florida
  474  Statutes, is amended to read:
  475         1001.42 Powers and duties of district school board.—The
  476  district school board, acting as a board, shall exercise all
  477  powers and perform all duties listed below:
  478         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
  479  Maintain a state system of school improvement and education
  480  accountability as provided by statute and State Board of
  481  Education rule. This system of school improvement and education
  482  accountability shall be consistent with, and implemented
  483  through, the district’s continuing system of planning and
  484  budgeting required by this section and ss. 1008.385, 1010.01,
  485  and 1011.01. This system of school improvement and education
  486  accountability shall comply with the provisions of ss. 1008.33,
  487  1008.34, 1008.345, and 1008.385 and include the following:
  488         (a) School improvement plans.—The district school board
  489  shall annually approve and require implementation of a new,
  490  amended, or continuation school improvement plan for each school
  491  in the district. If a school has a significant gap in
  492  achievement on statewide, standardized assessments administered
  493  pursuant to s. 1008.22 1008.34(3)(b) by one or more student
  494  subgroups, as defined in the federal Elementary and Secondary
  495  Education Act (ESEA), 20 U.S.C. s. 6311(b)(2)(C)(v)(II); has not
  496  significantly increased decreased the percentage of students
  497  passing scoring below satisfactory on statewide, standardized
  498  assessments; has not significantly increased the percentage of
  499  students demonstrating Learning Gains, as defined in s. 1008.34
  500  and as calculated under s. 1008.34(3)(b), who passed statewide,
  501  standardized assessments; or has significantly lower graduation
  502  rates for a subgroup when compared to the state’s graduation
  503  rate, that school’s improvement plan shall include strategies
  504  for improving these results. The state board shall adopt rules
  505  establishing thresholds and for determining compliance with this
  506  paragraph.
  507         (b) Public disclosure.—The district school board shall
  508  provide information regarding the performance of students and
  509  educational programs as required pursuant to ss. 1008.22 and
  510  1008.385 and implement a system of school reports as required by
  511  statute and State Board of Education rule which shall include
  512  schools operating for the purpose of providing educational
  513  services to youth in Department of Juvenile Justice programs,
  514  and for those schools, report on the elements specified in s.
  515  1003.52(19). Annual public disclosure reports shall be in an
  516  easy-to-read report card format and shall include the school’s
  517  grade, high school graduation rate calculated without GED tests,
  518  disaggregated by student ethnicity, and performance data as
  519  specified in state board rule.
  520         (c) School improvement funds.—The district school board
  521  shall provide funds to schools for developing and implementing
  522  school improvement plans. Such funds shall include those funds
  523  appropriated for the purpose of school improvement pursuant to
  524  s. 24.121(5)(c).
  525         Section 3. Paragraph (n) of subsection (9) and paragraph
  526  (b) of subsection (21) of section 1002.33, Florida Statutes, are
  527  amended to read:
  528         1002.33 Charter schools.—
  529         (9) CHARTER SCHOOL REQUIREMENTS.—
  530         (n)1. The director and a representative of the governing
  531  board of a charter school that has earned a grade of “D” or “F”
  532  pursuant to s. 1008.34 1008.34(2) shall appear before the
  533  sponsor to present information concerning each contract
  534  component having noted deficiencies. The director and a
  535  representative of the governing board shall submit to the
  536  sponsor for approval a school improvement plan to raise student
  537  performance achievement. Upon approval by the sponsor, the
  538  charter school shall begin implementation of the school
  539  improvement plan. The department shall offer technical
  540  assistance and training to the charter school and its governing
  541  board and establish guidelines for developing, submitting, and
  542  approving such plans.
  543         2.a. If a charter school earns three consecutive grades of
  544  “D,” two consecutive grades of “D” followed by a grade of “F,”
  545  or two nonconsecutive grades of “F” within a 3-year period, the
  546  charter school governing board shall choose one of the following
  547  corrective actions:
  548         (I) Contract for educational services to be provided
  549  directly to students, instructional personnel, and school
  550  administrators, as prescribed in state board rule;
  551         (II) Contract with an outside entity that has a
  552  demonstrated record of effectiveness to operate the school;
  553         (III) Reorganize the school under a new director or
  554  principal who is authorized to hire new staff; or
  555         (IV) Voluntarily close the charter school.
  556         b. The charter school must implement the corrective action
  557  in the school year following receipt of a third consecutive
  558  grade of “D,” a grade of “F” following two consecutive grades of
  559  “D,” or a second nonconsecutive grade of “F” within a 3-year
  560  period.
  561         c. The sponsor may annually waive a corrective action if it
  562  determines that the charter school is likely to improve a letter
  563  grade if additional time is provided to implement the
  564  intervention and support strategies prescribed by the school
  565  improvement plan. Notwithstanding this sub-subparagraph, a
  566  charter school that earns a second consecutive grade of “F” is
  567  subject to subparagraph 4.
  568         d. A charter school is no longer required to implement a
  569  corrective action if it improves by at least one letter grade.
  570  However, the charter school must continue to implement
  571  strategies identified in the school improvement plan. The
  572  sponsor must annually review implementation of the school
  573  improvement plan to monitor the school’s continued improvement
  574  pursuant to subparagraph 5.
  575         e. A charter school implementing a corrective action that
  576  does not improve by at least one letter grade after 2 full
  577  school years of implementing the corrective action must select a
  578  different corrective action. Implementation of the new
  579  corrective action must begin in the school year following the
  580  implementation period of the existing corrective action, unless
  581  the sponsor determines that the charter school is likely to
  582  improve a letter grade if additional time is provided to
  583  implement the existing corrective action. Notwithstanding this
  584  sub-subparagraph, a charter school that earns a second
  585  consecutive grade of “F” while implementing a corrective action
  586  is subject to subparagraph 4.
  587         3. A charter school with a grade of “D” or “F” that
  588  improves by at least one letter grade must continue to implement
  589  the strategies identified in the school improvement plan. The
  590  sponsor must annually review implementation of the school
  591  improvement plan to monitor the school’s continued improvement
  592  pursuant to subparagraph 5.
  593         4. The sponsor shall terminate a charter if the charter
  594  school earns two consecutive grades of “F” unless:
  595         a. The charter school is established to turn around the
  596  performance of a district public school pursuant to s.
  597  1008.33(4)(b)3. Such charter schools shall be governed by s.
  598  1008.33;
  599         b. The charter school serves a student population the
  600  majority of which resides in a school zone served by a district
  601  public school that earned a grade of “F” in the year before the
  602  charter school opened and the charter school earns at least a
  603  grade of “D” in its third year of operation. The exception
  604  provided under this sub-subparagraph does not apply to a charter
  605  school in its fourth year of operation and thereafter; or
  606         c. The state board grants the charter school a waiver of
  607  termination. The charter school must request the waiver within
  608  15 days after the department’s official release of school
  609  grades. The state board may waive termination if the charter
  610  school demonstrates that the Learning Gains of its students on
  611  statewide assessments are comparable to or better than the
  612  Learning Gains of similarly situated students enrolled in nearby
  613  district public schools. The waiver is valid for 1 year and may
  614  only be granted once. Charter schools that have been in
  615  operation for more than 5 years are not eligible for a waiver
  616  under this sub-subparagraph.
  617         5. The director and a representative of the governing board
  618  of a graded charter school that has implemented a school
  619  improvement plan under this paragraph shall appear before the
  620  sponsor at least once a year to present information regarding
  621  the progress of intervention and support strategies implemented
  622  by the school pursuant to the school improvement plan and
  623  corrective actions, if applicable. The sponsor shall communicate
  624  at the meeting, and in writing to the director, the services
  625  provided to the school to help the school address its
  626  deficiencies.
  627         6. Notwithstanding any provision of this paragraph except
  628  sub-subparagraphs 4.a.-c., the sponsor may terminate the charter
  629  at any time pursuant to subsection (8).
  630         (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
  631         (b)1. The Department of Education shall report to each
  632  charter school receiving a school grade pursuant to s. 1008.34
  633  or a school improvement rating pursuant to s. 1008.341 the
  634  school’s student assessment data pursuant to s. 1008.34(3)(c)
  635  which is reported to schools that receive a school grade or
  636  student assessment data pursuant to s. 1008.341(3) which is
  637  reported to alternative schools that receive a school
  638  improvement rating to each charter school that:
  639         a. Does not receive a school grade pursuant to s. 1008.34
  640  or a school improvement rating pursuant to s. 1008.341; and
  641         b. Serves at least 10 students who are tested on the
  642  statewide assessment test pursuant to s. 1008.22.
  643         2. The charter school shall report the information in
  644  subparagraph 1. to each parent of a student at the charter
  645  school, the parent of a child on a waiting list for the charter
  646  school, the district in which the charter school is located, and
  647  the governing board of the charter school. This paragraph does
  648  not abrogate the provisions of s. 1002.22, relating to student
  649  records, or the requirements of 20 U.S.C. s. 1232g, the Family
  650  Educational Rights and Privacy Act.
  651         3.a. Pursuant to this paragraph, the Department of
  652  Education shall compare the charter school student performance
  653  data for each charter school in subparagraph 1. with the student
  654  performance data in traditional public schools in the district
  655  in which the charter school is located and other charter schools
  656  in the state. For alternative charter schools, the department
  657  shall compare the student performance data described in this
  658  paragraph with all alternative schools in the state. The
  659  comparative data shall be provided by the following grade
  660  groupings:
  661         (I) Grades 3 through 5;
  662         (II) Grades 6 through 8; and
  663         (III) Grades 9 through 11.
  664         b. Each charter school shall provide the information
  665  specified in this paragraph on its Internet website and also
  666  provide notice to the public at large in a manner provided by
  667  the rules of the State Board of Education. The State Board of
  668  Education shall adopt rules to administer the notice
  669  requirements of this subparagraph pursuant to ss. 120.536(1) and
  670  120.54. The website shall include, through links or actual
  671  content, other information related to school performance.
  672         Section 4. Paragraphs (a) and (d) of subsection (1) of
  673  section 1003.621, Florida Statutes, are amended to read:
  674         1003.621 Academically high-performing school districts.—It
  675  is the intent of the Legislature to recognize and reward school
  676  districts that demonstrate the ability to consistently maintain
  677  or improve their high-performing status. The purpose of this
  678  section is to provide high-performing school districts with
  679  flexibility in meeting the specific requirements in statute and
  680  rules of the State Board of Education.
  681         (1) ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.—
  682         (a) A school district is an academically high-performing
  683  school district if it meets the following criteria:
  684         1.a. Beginning with the 2004-2005 school year, Earns a
  685  grade of “A” under s. 1008.34 1008.34(7) for 2 consecutive
  686  years; and
  687         b. Has no district-operated school that earns a grade of
  688  “F” under s. 1008.34;
  689         2. Complies with all class size requirements in s. 1, Art.
  690  IX of the State Constitution and s. 1003.03; and
  691         3. Has no material weaknesses or instances of material
  692  noncompliance noted in the annual financial audit conducted
  693  pursuant to s. 11.45 or s. 218.39.
  694         (d) In order to maintain the designation as an academically
  695  high-performing school district pursuant to this section, a
  696  school district must meet the following requirements:
  697         1. Comply with the provisions of subparagraphs (a)2. and
  698  3.; and
  699         2. Earn a grade of “A” under s. 1008.34 1008.34(7) for 2
  700  years within a 3-year period.
  701  
  702  However, a district in which a district-operated school earns a
  703  grade of “F” under s. 1008.34 during the 3-year period may not
  704  continue to be designated as an academically high-performing
  705  school district during the remainder of that 3-year period. The
  706  district must meet the criteria in paragraph (a) in order to be
  707  redesignated as an academically high-performing school district.
  708         Section 5. Paragraph (b) of subsection (1) of section
  709  1008.31, Florida Statutes, is amended to read:
  710         1008.31 Florida’s K-20 education performance accountability
  711  system; legislative intent; mission, goals, and systemwide
  712  measures; data quality improvements.—
  713         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  714  that:
  715         (b) The K-20 education performance accountability system be
  716  established as a single, unified accountability system with
  717  multiple components, including, but not limited to, measures of
  718  adequate yearly progress, individual student performance
  719  learning gains in public schools and, school and district
  720  grades, and return on investment.
  721         Section 6. Subsection (2) of section 1008.33, Florida
  722  Statutes, is amended to read:
  723         1008.33 Authority to enforce public school improvement.—
  724         (2)(a) Pursuant to subsection (1) and ss. 1008.34,
  725  1008.345, and 1008.385, the State Board of Education shall hold
  726  all school districts and public schools accountable for student
  727  performance. The state board is responsible for a state system
  728  of school improvement and education accountability that assesses
  729  student performance by school, identifies schools that in which
  730  students are not meeting accountability making adequate progress
  731  toward state standards, and institutes appropriate measures for
  732  enforcing improvement.
  733         (b) The state system of school improvement and education
  734  accountability must provide for uniform accountability
  735  standards, provide assistance of escalating intensity to low
  736  performing schools not meeting accountability standards, direct
  737  support to schools in order to improve and sustain performance,
  738  focus on the performance of student subgroups, and enhance
  739  student performance.
  740         (c) School districts must be held accountable for improving
  741  the academic performance achievement of all students and for
  742  identifying and improving turning around low-performing schools
  743  that fail to meet accountability standards.
  744         Section 7. Subsections (2), (3), and (4) of section
  745  1008.341, Florida Statutes, are amended to read:
  746         1008.341 School improvement rating for alternative
  747  schools.—
  748         (2) SCHOOL IMPROVEMENT RATING.—An alternative school is a
  749  school that provides dropout prevention and academic
  750  intervention services pursuant to s. 1003.53. An alternative
  751  school shall receive a school improvement rating pursuant to
  752  this section unless the school earns a school grade pursuant to
  753  s. 1008.34. An Beginning with the 2013-2014 school year, each
  754  alternative school that chooses to receive a school improvement
  755  rating shall receive a school improvement rating if the number
  756  of its students for whom student performance data on statewide,
  757  standardized assessments pursuant to s. 1008.22 which is
  758  available for the current year and previous year meets or
  759  exceeds the minimum sample size of 10. If an alternative school
  760  does not have at least 10 students with complete data for a
  761  component listed in subsection (3), that component may not be
  762  used in calculating the school’s improvement rating. The
  763  calculation of the school improvement rating shall be based on
  764  the percentage of points earned from the components listed in
  765  subsection (3). An alternative school that tests at least 80
  766  percent of its students may receive a school improvement rating.
  767  If an alternative school tests less than 90 percent of its
  768  students, the school may not earn a rating higher than
  769  “maintaining.” Beginning with the 2016-2017 school year, if an
  770  alternative school does not meet the requirements for the
  771  issuance of a school improvement rating in the current year, and
  772  has failed to receive a school improvement rating for the prior
  773  2 consecutive years, the school shall receive a rating for the
  774  current year based upon a compilation of all student Learning
  775  Gains, for all grade levels, for those 3 years. Likewise, if the
  776  school fails to meet the requirements for a rating the following
  777  year or any year thereafter, the school’s rating shall be based
  778  on a compilation of student Learning Gains achieved during the
  779  current and prior 2 years. The school improvement rating shall
  780  identify an alternative school as having one of the following
  781  ratings defined according to rules of the State Board of
  782  Education:
  783         (a) “Commendable” “Improving” means a significant
  784  percentage of the students attending the school are making
  785  Learning Gains more academic progress than when the students
  786  were served in their home schools.
  787         (b) “Maintaining” means a sufficient percentage of the
  788  students attending the school are making Learning Gains progress
  789  equivalent to the progress made when the students were served in
  790  their home schools.
  791         (c) “Unsatisfactory” “Declining” means an insufficient
  792  percentage of the students attending the school are making
  793  Learning Gains less academic progress than when the students
  794  were served in their home schools.
  795  
  796  The school improvement rating shall be based on a comparison of
  797  student performance data for the current year and previous year.
  798  Schools that improve at least one level or maintain a
  799  “commendable” an “improving” rating pursuant to this section are
  800  eligible for school recognition awards pursuant to s. 1008.36.
  801         (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student
  802  Learning Gains data used in determining an alternative school’s
  803  school improvement rating shall include:
  804         (a)student performance results based on statewide,
  805  standardized assessments, including retakes, administered under
  806  s. 1008.22 for all eligible students who were assigned to and
  807  enrolled in the school during the October or February FTE count
  808  and who have assessment scores or comparable scores for the
  809  preceding school year shall be used in determining an
  810  alternative school’s school improvement rating. An alternative
  811  school’s rating shall be based on the following components:
  812         (a)The percentage of eligible students who make Learning
  813  Gains in English Language Arts as measured by statewide,
  814  standardized assessments under s. 1008.22(3).
  815         (b) The percentage of eligible students who make Learning
  816  Gains in mathematics as measured by statewide, standardized
  817  assessments under s. 1008.22(3) Student performance results
  818  based on statewide, standardized assessments, including retakes,
  819  administered under s. 1008.22 for all eligible students who were
  820  assigned to and enrolled in the school during the October or
  821  February FTE count and who have scored in the lowest 25th
  822  percentile of students in the state on FCAT Reading.
  823  
  824  Student performance results of students who are subject to
  825  district school board policies for expulsion for repeated or
  826  serious offenses, who are in dropout retrieval programs serving
  827  students who have officially been designated as dropouts, or who
  828  are in programs operated or contracted by the Department of
  829  Juvenile Justice may not be included in an alternative school’s
  830  school improvement rating.
  831         (4) IDENTIFICATION OF STUDENT LEARNING GAINS.—For each
  832  alternative school receiving a school improvement rating, the
  833  Department of Education shall annually identify the percentage
  834  of students making Learning Gains consistent with the provisions
  835  in s. 1008.34(3) as compared to the percentage of the same
  836  students making learning gains in their home schools in the year
  837  prior to being assigned to the alternative school.
  838         Section 8. Subsection (2) of section 1008.3415, Florida
  839  Statutes, is amended to read:
  840         1008.3415 School grade or school improvement rating for
  841  exceptional student education centers.—
  842         (2) Notwithstanding s. 1008.34 1008.34(3)(c)3., the
  843  achievement levels scores and Learning Gains of a student with a
  844  disability who attends an exceptional student education center
  845  and has not been enrolled in or attended a public school other
  846  than an exceptional student education center for grades K-12
  847  within the school district shall not be included in the
  848  calculation of the home school’s grade if the student is
  849  identified as an emergent student on the alternate assessment
  850  tool described in s. 1008.22(3)(c) 1008.22(3)(c)13.
  851         Section 9. Present subsections (9) and (10) of section
  852  1008.22, Florida Statutes, are renumbered as subsections (10)
  853  and (11), respectively, and a new subsection (9) is added to
  854  that section, to read:
  855         1008.22 Student assessment program for public schools.—
  856         (9) CHILD WITH MEDICAL COMPLEXITY.—In addition to the
  857  exemption option provided for under s. 1008.212, effective July
  858  1, 2014, a child with a medical complexity may be exempt from
  859  participating in statewide, standardized assessments, including
  860  the Florida Alternate Assessment (FAA), pursuant to the
  861  provisions of this subsection.
  862         (a) Definition of child with medical complexity. A child
  863  with a medical complexity means a child who, based upon medical
  864  documentation from a physician licensed under chapter 458 or 459
  865  is medically fragile and needs intensive care due to a condition
  866  such as congenital or acquired multisystem disease; has a severe
  867  neurological or cognitive disorder with marked functional
  868  impairment; or is technology dependent for activities of daily
  869  living; and lacks the capacity to take or perform on an
  870  assessment.
  871         (b) Exemption options. If the parent consents in writing,
  872  and the IEP team determines that the child should not be
  873  assessed based upon medical documentation that the child meets
  874  the definition of a child with medical complexity, then the
  875  parent may choose one of the following three assessment
  876  exemption options.
  877         1. One-year exemption approved by the district school
  878  superintendent. If the superintendent is provided written
  879  documentation of parental consent and appropriate medical
  880  documentation to support the IEP team’s determination that the
  881  child is a child with medical complexity, then the
  882  superintendent may approve a one-year exemption from all
  883  statewide, standardized assessments, including the FAA. The
  884  superintendent shall report annually to the district school
  885  board and the Commissioner of Education the number of students
  886  who are identified as a child with medical complexity who are
  887  not participating in the assessment program.
  888         2. One- to three-year exemption approved by the
  889  Commissioner of Education. If the commissioner is provided
  890  written documentation of parental consent; district school
  891  superintendent approval; the IEP team’s determination that the
  892  child is a child with medical complexity based upon appropriate
  893  medical documentation; and all medical documentation, then the
  894  commissioner may exempt the child from all statewide,
  895  standardized assessments, including the FAA, for up to three
  896  years. The State Board of Education shall adopt rules to
  897  administer this subparagraph which must expedite the process by
  898  which exemptions are reviewed and approved and which demonstrate
  899  the utmost compassion and consideration for meeting the parent’s
  900  and child’s needs.
  901         3. Permanent exemption approved by the Commissioner of
  902  Education. If the commissioner is provided written documentation
  903  of parental consent; district school superintendent approval of
  904  a permanent exemption; the IEP team’s determination that the
  905  child is a child with medical complexity based upon appropriate
  906  medical documentation and that a permanent exemption is
  907  appropriate; and all medical documentation, then the
  908  commissioner may approve a permanent exemption from all
  909  statewide, standardized assessments, including the FAA. The
  910  State Board of Education shall adopt rules to administer this
  911  subparagraph which must expedite the process by which exemptions
  912  are reviewed and approved and which demonstrate the utmost
  913  compassion and consideration for meeting the parent’s and
  914  child’s needs.
  915         (c) Reporting requirements. The Commissioner of Education
  916  shall annually report to the Legislature data, by district,
  917  related to the implementation of this subsection at the same
  918  time as results are reported regarding student performance on
  919  statewide, standardized assessments.
  920         Section 10. Subsection (5) of section 1008.345, Florida
  921  Statutes, is amended to read:
  922         1008.345 Implementation of state system of school
  923  improvement and education accountability.—
  924         (5) The commissioner shall report to the Legislature and
  925  recommend changes in state policy necessary to foster school
  926  improvement and education accountability. The report shall
  927  include:
  928         (a) For each school district:
  929         1. The percentage of students, by school and grade level,
  930  demonstrating learning growth in English Language Arts and
  931  mathematics.
  932         2. The percentage of students, by school and grade level,
  933  in both the highest and lowest quartiles demonstrating learning
  934  growth in English Language Arts and mathematics.
  935         (b) Intervention and support strategies used by school
  936  boards whose students in both the highest and lowest quartiles
  937  exceed the statewide average learning growth for students in
  938  those quartiles.
  939         (c) Intervention and support strategies used by school
  940  boards whose schools provide educational services to youth in
  941  Department of Juvenile Justice programs that demonstrate
  942  learning growth in English Language Arts and mathematics that
  943  exceeds the statewide average learning growth for students in
  944  those subjects. Included in the report shall be a list of the
  945  schools, including schools operating for the purpose of
  946  providing educational services to youth in Department of
  947  Juvenile Justice programs, for which district school boards have
  948  developed intervention and support strategies and an analysis of
  949  the various strategies used by the school boards.
  950  
  951  School reports shall be distributed pursuant to this subsection
  952  and s. 1001.42(18)(b) and according to rules adopted by the
  953  State Board of Education.
  954         Section 11. Paragraph (a) of subsection (2) of section
  955  1011.64, Florida Statutes, is amended to read:
  956         1011.64 School district minimum classroom expenditure
  957  requirements.—
  958         (2) For the purpose of implementing the provisions of this
  959  section, the Legislature shall prescribe minimum academic
  960  performance standards and minimum classroom expenditure
  961  requirements for districts not meeting such minimum academic
  962  performance standards in the General Appropriations Act.
  963         (a) Minimum academic performance standards may be based on,
  964  but are not limited to, district grades determined pursuant to
  965  s. 1008.34 1008.34(7).
  966         Section 12. Subsection (6) of section 1008.22, Florida
  967  Statutes, is amended to read:
  968         1008.22 Student assessment program for public schools.—
  969         (6) LOCAL ASSESSMENTS.—
  970         (a) Measurement of student performance learning gains in
  971  all subjects and grade levels, except those subjects and grade
  972  levels measured under the statewide, standardized assessment
  973  program described in this section, is the responsibility of the
  974  school districts.
  975         (b) Except for those subjects and grade levels measured
  976  under the statewide, standardized assessment program, beginning
  977  with the 2014-2015 school year, each school district shall
  978  administer for each course offered in the district a local
  979  student assessment that measures student mastery of course the
  980  content, as described in the state-adopted course description,
  981  at the necessary level of rigor for the course. As adopted
  982  pursuant to State Board of Education rule, course content is set
  983  forth in the state standards required by s. 1003.41 and in the
  984  course description. Local Such assessments may include:
  985         1. Statewide assessments.
  986         2. Other standardized assessments, including nationally
  987  recognized standardized assessments.
  988         3. Industry certification assessments examinations.
  989         4. District-developed or district-selected end-of-course
  990  assessments.
  991         5. Teacher-selected or principal-selected assessments.
  992         (c) Each district school board must adopt policies for
  993  selection, development, administration, and scoring of local
  994  assessments and for collection of assessment results. Local
  995  assessments implemented under subparagraphs (b)4. and 5. may
  996  include a variety of assessment formats, including, but not
  997  limited to, project-based assessments, adjudicated performances,
  998  and practical application assignments. For all English Language
  999  Arts, mathematics, science, and social studies courses offered
 1000  in the district that are used to meet graduation requirements
 1001  under s. 1002.3105, s. 1003.4281, or s. 1003.4282 and that are
 1002  not otherwise assessed by statewide, standardized assessments,
 1003  the district school board must select the assessments described
 1004  in subparagraphs (b)1.-4.
 1005         (d)(c) The Commissioner of Education shall identify methods
 1006  to assist and support districts in the development and
 1007  acquisition of assessments required under this subsection.
 1008  Methods may include developing item banks, facilitating the
 1009  sharing of developed tests among school districts, acquiring
 1010  assessments from state and national curriculum-area
 1011  organizations, and providing technical assistance in best
 1012  professional practices of test development based upon state
 1013  adopted curriculum standards, administration, and security.
 1014         (e)(d) Each school district shall establish schedules for
 1015  the administration of any district-mandated assessment and
 1016  approve the schedules as an agenda item at a district school
 1017  board meeting. The school district shall publish the testing
 1018  schedules on its website, clearly specifying the district
 1019  mandated assessments, and report the schedules to the Department
 1020  of Education by October 1 of each year.
 1021         Section 13. Subsections (1), (7), and (8) of section
 1022  1012.34, Florida Statutes, are amended, and subsections (9) and
 1023  (10) are added to that section, to read:
 1024         1012.34 Personnel evaluation procedures and criteria.—
 1025         (1) EVALUATION SYSTEM APPROVAL AND REPORTING.—
 1026         (a) For the purpose of increasing student academic
 1027  performance learning growth by improving the quality of
 1028  instructional, administrative, and supervisory services in the
 1029  public schools of the state, the district school superintendent
 1030  shall establish procedures for evaluating the performance of
 1031  duties and responsibilities of all instructional,
 1032  administrative, and supervisory personnel employed by the school
 1033  district. The district school superintendent shall provide
 1034  instructional personnel the opportunity to review their class
 1035  rosters for accuracy and to correct any mistakes. The district
 1036  school superintendent shall annually report accurate class
 1037  rosters for the purpose of calculating district and statewide
 1038  student performance and annually report the evaluation results
 1039  of instructional personnel and school administrators to the
 1040  Department of Education in addition to the information required
 1041  under subsection (5).
 1042         (b) The department must approve each school district’s
 1043  instructional personnel and school administrator evaluation
 1044  systems. The department shall monitor each district’s
 1045  implementation of its instructional personnel and school
 1046  administrator evaluation systems for compliance with the
 1047  requirements of this section.
 1048         (c) Annually, by December 1, 2012, the Commissioner of
 1049  Education shall report to the Governor, the President of the
 1050  Senate, and the Speaker of the House of Representatives the
 1051  approval and implementation status of each school district’s
 1052  instructional personnel and school administrator evaluation
 1053  systems. The report shall include performance evaluation results
 1054  for the prior school year for instructional personnel and school
 1055  administrators using the four levels of performance specified in
 1056  paragraph (2)(e). The performance evaluation results for
 1057  instructional personnel shall be disaggregated by classroom
 1058  teachers, as defined in s. 1012.01(2)(a), excluding substitute
 1059  teachers, and all other instructional personnel, as defined in
 1060  s. 1012.01(2)(b)–(d). The commissioner shall include in the
 1061  report each district’s performance-level standards established
 1062  under subsection (7), a comparative analysis of the district’s
 1063  student academic performance results and evaluation results,
 1064  data reported under s. 1012.341, continue to report, by December
 1065  1 each year thereafter, each school district’s performance
 1066  evaluation results and the status of any evaluation system
 1067  revisions requested by a school district pursuant to subsection
 1068  (6).
 1069         (7) MEASUREMENT OF STUDENT LEARNING GROWTH.—
 1070         (a) By June 1, 2011, The Commissioner of Education shall
 1071  approve a formula to measure individual student learning growth
 1072  on the statewide, standardized assessments in English Language
 1073  Arts and mathematics on the Florida Comprehensive Assessment
 1074  Test (FCAT) administered under s. 1008.22 1008.22(3)(c)1. The
 1075  formula must take into consideration each student’s prior
 1076  academic performance. The formula must not set different
 1077  expectations for student learning growth based upon a student’s
 1078  gender, race, ethnicity, or socioeconomic status. In the
 1079  development of the formula, the commissioner shall consider
 1080  other factors such as a student’s attendance record, disability
 1081  status, or status as an English language learner. The
 1082  commissioner shall select additional formulas as appropriate for
 1083  the remainder of the statewide assessments included under s.
 1084  1008.22 and continue to select formulas as new assessments are
 1085  implemented in the state system. After the commissioner approves
 1086  the formula to measure individual student learning growth on the
 1087  FCAT and as additional formulas are selected by the commissioner
 1088  for new assessments implemented in the state system, the State
 1089  Board of Education shall adopt these formulas in by rule.
 1090         (b) Beginning in the 2011-2012 school year, Each school
 1091  district shall measure student learning growth using the
 1092  formulas formula approved by the commissioner under paragraph
 1093  (a) for courses associated with the statewide, standardized
 1094  assessments administered FCAT. Each school district shall
 1095  implement the additional student learning growth measures
 1096  selected by the commissioner under paragraph (a) for the
 1097  remainder of the statewide assessments included under s. 1008.22
 1098  no later than the school year immediately following the year the
 1099  formula is approved by the commissioner as they become
 1100  available. Beginning in the 2014-2015 school year, For grades
 1101  and subjects not assessed by statewide, standardized assessments
 1102  but otherwise assessed as required under s. 1008.22(6)
 1103  1008.22(8), each school district shall measure performance of
 1104  students student learning growth using a methodology determined
 1105  by the district an equally appropriate formula. The department
 1106  shall provide models for measuring performance of students
 1107  student learning growth which school districts may adopt.
 1108         (c) For a course that is not measured by a statewide,
 1109  standardized assessment, a school district may request, through
 1110  the evaluation system approval process, to use a student’s
 1111  student achievement level measure rather than a student learning
 1112  growth measure if achievement is demonstrated to be a more
 1113  appropriate measure of classroom teacher performance. A school
 1114  district may also request to use a combination of student
 1115  learning growth and achievement, if appropriate.
 1116         (d) For If the student learning growth in a course that is
 1117  not measured by a statewide, standardized assessment but is
 1118  measured by a school district assessment, a school district may
 1119  request, through the evaluation system approval process, that
 1120  the performance evaluation for the classroom teacher assigned to
 1121  that course include the learning growth of his or her students
 1122  on one or more statewide, standardized assessments FCAT Reading
 1123  or FCAT Mathematics. The request must clearly explain the
 1124  rationale supporting the request. However, the classroom
 1125  teacher’s performance evaluation must give greater weight to
 1126  student learning growth on the district assessment.
 1127         (e) For purposes of this section and only for the 2014-2015
 1128  school year, a school district may use measurable learning
 1129  targets on local assessments administered under s. 1008.22(6) to
 1130  evaluate the performance of students portion of a classroom
 1131  teacher’s evaluation for courses that are not assessed by
 1132  statewide, standardized assessments. classroom teachers of
 1133  courses for which the district has not implemented appropriate
 1134  assessments under s. 1008.22(8) or for which the school district
 1135  has not adopted an equally appropriate measure of student
 1136  learning growth under paragraphs (b)-(d), student learning
 1137  growth must be measured by the growth in learning of the
 1138  classroom teacher’s students on statewide assessments, or, for
 1139  courses in which enrolled students do not take the statewide
 1140  assessments, measurable Learning targets must be established
 1141  based upon the goals of the school improvement plan and approved
 1142  by the school principal. A district school superintendent may
 1143  assign to instructional personnel in an instructional team the
 1144  student learning growth of the instructional team’s students on
 1145  statewide assessments. This paragraph expires July 1, 2015.
 1146         (8) RULEMAKING.—The State Board of Education shall adopt
 1147  rules pursuant to ss. 120.536(1) and 120.54 which establish
 1148  uniform procedures for the submission, review, and approval of
 1149  district evaluation systems and reporting requirements for the
 1150  annual evaluation of instructional personnel and school
 1151  administrators; specific, discrete standards for each
 1152  performance level required under subsection (2) to ensure clear
 1153  and sufficient differentiation in the performance levels and to
 1154  provide consistency in meaning across school districts; the
 1155  measurement of student learning growth and associated
 1156  implementation procedures required under subsection (7); a
 1157  process to permit instructional personnel to review the class
 1158  roster for accuracy and to correct any mistakes relating to the
 1159  identity of students for whom the individual is responsible; and
 1160  a process for monitoring school district implementation of
 1161  evaluation systems in accordance with this section.
 1162  Specifically, the rules shall establish a student performance
 1163  levels learning growth standard that if not met will result in
 1164  the employee receiving an unsatisfactory performance evaluation
 1165  rating. In like manner, the rules shall establish a student
 1166  performance level learning growth standard that must be met in
 1167  order for an employee to receive a highly effective rating and a
 1168  student learning growth standard that must be met in order for
 1169  an employee to receive an effective rating.
 1170         (9) TRANSITION TO NEW STATEWIDE, STANDARDIZED ASSESSMENTS.
 1171  Standards for each performance level required under subsection
 1172  (2) shall be established by the State Board of Education
 1173  beginning with the 2015-2016 school year.
 1174         (10) DISTRICT BONUS REWARDS FOR PERFORMANCE PAY BASED ON
 1175  EVALUATION PROGRESS.—School districts are eligible for bonus
 1176  rewards as provided for in the 2014 General Appropriations Act
 1177  for making outstanding progress toward educator effectiveness,
 1178  including implementation of instructional personnel salaries
 1179  based on performance results under s. 1012.34 and the use of
 1180  local assessment results in personnel evaluations when
 1181  statewide, standardized assessments are not administered.
 1182         Section 14. Section 1012.341, Florida Statutes, is amended
 1183  to read:
 1184         1012.341 Exemption from performance evaluation system and
 1185  compensation and salary schedule requirements.—
 1186         (1) Hillsborough County Notwithstanding any other provision
 1187  of this act, a School District that received an exemption under
 1188  Florida’s Race to the Top Memorandum of Understanding for Phase
 1189  2, as provided in s. (D)(2)(ii) of the memorandum. Accordingly,
 1190  notwithstanding any other provision of law, Hillsborough County
 1191  School District, is allowed to base 40 percent, instead of 50
 1192  percent, of instructional personnel and school administrator
 1193  performance evaluations upon student performance learning growth
 1194  under s. 1012.34, as amended by this act. The school district is
 1195  also exempt from the amendments to s. 1012.22(1)(c) made by
 1196  chapter 2011-1, Laws of Florida this act. The exemptions
 1197  described in this subsection are effective beginning with for
 1198  the 2011-2012 school year and until the expiration of this
 1199  section are effective for each school year thereafter if the
 1200  school district receives annual approval by the State Board of
 1201  Education.
 1202         (2) By October 1, 2014, and by October 1 annually
 1203  thereafter, the superintendent of Hillsborough County School
 1204  District shall attest, in writing, to the Commissioner of
 1205  Education that The State Board of Education shall base its
 1206  approval upon demonstration by the school district of the
 1207  following:
 1208         (a) The instructional personnel and school administrator
 1209  evaluation systems base at least 40 percent of an employee’s
 1210  performance evaluation upon student performance and that student
 1211  performance is the single greatest component of an employee’s
 1212  evaluation.
 1213         (b) The instructional personnel and school administrator
 1214  evaluation systems adopt the Commissioner of Education’s student
 1215  learning growth formula for statewide assessments as provided
 1216  under s. 1012.34(7).
 1217         (c) The school district’s instructional personnel and
 1218  school administrator compensation system awards salary increases
 1219  based upon sustained student performance.
 1220         (d) The school district’s contract system awards
 1221  instructional personnel and school administrators based upon
 1222  student performance and removes ineffective employees.
 1223         (e) Beginning with the 2014-2015 school year and each
 1224  school year thereafter, student learning growth based upon
 1225  performance on statewide assessments under s. 1008.22 must have
 1226  significantly improved compared to student learning growth in
 1227  the district in 2011-2012 and significantly improved compared to
 1228  other school districts.
 1229         (3) Failure to comply with subsection (2) is grounds for
 1230  the State Board of Education, at a public hearing, to revoke the
 1231  exemption The State Board of Education shall annually renew a
 1232  school district’s exemptions if the school district demonstrates
 1233  that it meets the requirements of subsection (2). If the
 1234  exemptions are not renewed, the school district must comply with
 1235  the requirements and laws described in subsection (1) by the
 1236  beginning of the next school year immediately following the loss
 1237  of the exemptions.
 1238         (4) The State Board of Education shall adopt rules pursuant
 1239  to ss. 120.536(1) and 120.54 to establish the procedures for
 1240  applying for the exemptions and the criteria for renewing the
 1241  exemptions.
 1242  
 1243         This section is shall be repealed August 1, 2017, unless
 1244  reviewed and reenacted by the Legislature.
 1245         Section 15. This act shall take effect July 1, 2014.