CS for SB 1642                                  Second Engrossed
       
       
       
       
       
       
       
       
       20141642e2
       
    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; requiring the State Board of
   35         Education to adopt rules; amending s. 1008.345, F.S.;
   36         revising the contents of the Commissioner of
   37         Education’s report on school improvement and education
   38         accountability to include student learning growth
   39         information and intervention and support strategies;
   40         amending s. 1011.64, F.S.; correcting a cross
   41         reference; amending s. 1008.22, F.S.; authorizing use
   42         of teacher-selected or principal selected assessments
   43         as a form of local assessment; requiring a district
   44         school board to adopt policies relating to selection,
   45         development, administration, and scoring of local
   46         assessments; amending s. 1012.34, F.S.; providing
   47         information to be included in annual reports on the
   48         approval and implementation status of school district
   49         personnel evaluation systems; revising provisions
   50         relating to the measurement of student learning growth
   51         for purposes of personnel evaluation; conforming State
   52         Board of Education rulemaking relating to performance
   53         evaluations; providing for transition to new
   54         statewide, standardized assessments; authorizing bonus
   55         rewards to school districts for progress toward
   56         educator effectiveness; amending s. 1012.341, F.S.;
   57         removing rulemaking authority and establishing a
   58         compliance verification process for the exemption from
   59         performance evaluation system, compensation, and
   60         salary schedule requirements; providing an effective
   61         date.
   62          
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Section 1008.34, Florida Statutes, is amended to
   66  read:
   67         1008.34 School grading system; school report cards;
   68  district grade.—
   69         (1) DEFINITIONS.—For purposes of the statewide,
   70  standardized assessment program and school grading system, the
   71  following terms are defined:
   72         (a)“Achievement level,” “student achievement,” or
   73  “achievement” describes the level of content mastery a student
   74  has acquired in a particular subject as measured by a statewide,
   75  standardized assessment administered pursuant to s.
   76  1008.22(3)(a) and (b). There are five achievement levels. Level
   77  1 is the lowest achievement level, level 5 is the highest
   78  achievement level, and level 3 indicates satisfactory
   79  performance. A student passes an assessment if the student
   80  achieves a level 3, level 4, or level 5. For purposes of the
   81  Florida Alternate Assessment administered pursuant to s.
   82  1008.22(3)(c), the state board shall provide, in rule, the
   83  number of achievement levels and identify the achievement levels
   84  that are considered passing.
   85         (b) “Learning Gains,” “annual learning gains,” or “student
   86  learning gains” means the degree of student learning growth
   87  occurring from one school year to the next as required by state
   88  board rule for purposes of calculating school grades under this
   89  section.
   90         (c) “Student performance,” “student academic performance,”
   91  or “academic performance” includes, but is not limited to,
   92  student learning growth, achievement levels, and Learning Gains
   93  on statewide, standardized assessments administered pursuant to
   94  s. 1008.22.
   95         (1) ANNUAL REPORTS.—The Commissioner of Education shall
   96  prepare annual reports of the results of the statewide
   97  assessment program which describe student achievement in the
   98  state, each district, and each school. The commissioner shall
   99  prescribe the design and content of these reports, which must
  100  include descriptions of the performance of all schools
  101  participating in the assessment program and all of their major
  102  student populations as determined by the commissioner. The
  103  report must also include the percent of students performing at
  104  or above grade level and making learning gains in reading and
  105  mathematics. The provisions of s. 1002.22 pertaining to student
  106  records apply to this section.
  107         (2) SCHOOL GRADES.—The annual report shall identify Schools
  108  shall be graded using as having one of the following grades,
  109  defined according to rules of the State Board of Education:
  110         (a) “A,” schools making excellent progress.
  111         (b) “B,” schools making above average progress.
  112         (c) “C,” schools making satisfactory progress.
  113         (d) “D,” schools making less than satisfactory progress.
  114         (e) “F,” schools failing to make adequate progress.
  115  
  116  Each school that earns a grade of “A” or improves at least two
  117  letter grades may shall have greater authority over the
  118  allocation of the school’s total budget generated from the FEFP,
  119  state categoricals, lottery funds, grants, and local funds, as
  120  specified in state board rule. The rule must provide that the
  121  increased budget authority shall remain in effect until the
  122  school’s grade declines.
  123         (3) DESIGNATION OF SCHOOL GRADES.—
  124         (a) Each school must assess at least 95 percent of its
  125  eligible students, except as provided under s. 1008.341 for
  126  alternative schools. Beginning with the 2013-2014 school year,
  127  Each school that has students who are tested and included in the
  128  school grading system shall receive a school grade based on the
  129  school’s performance on the components listed in subparagraphs
  130  (b)1. and 2. If a school does not have at least 10 students with
  131  complete data for one or more of the components listed in
  132  subparagraphs (b)1. and 2., those components may not be used in
  133  calculating the school’s grade. if the number of its students
  134  tested on statewide assessments pursuant to s. 1008.22 meets or
  135  exceeds the minimum sample size of 10, except as follows:
  136         1. An alternative school may choose to receive a school
  137  grade under this section or a school improvement rating under s.
  138  1008.341. For charter schools that meet the definition of an
  139  alternative school pursuant to State Board of Education rule,
  140  the decision to receive a school grade is the decision of the
  141  charter school governing board.
  142         2. A school that serves any combination of students in
  143  kindergarten through grade 3 that which does not receive a
  144  school grade because its students are not tested and included in
  145  the school grading system shall receive the school grade
  146  designation of a K-3 feeder pattern school identified by the
  147  Department of Education and verified by the school district. A
  148  school feeder pattern exists if at least 60 percent of the
  149  students in the school serving a combination of students in
  150  kindergarten through grade 3 are scheduled to be assigned to the
  151  graded school.
  152         3. If a collocated school does not earn a school grade or
  153  school improvement rating for the performance of its students,
  154  the student performance data of all schools operating at the
  155  same facility must be aggregated to develop a school grade that
  156  will be assigned to all schools at that location. A collocated
  157  school is a school that has its own unique master school
  158  identification number, provides for the education of each of its
  159  enrolled students, and operates at the same facility as another
  160  school that has its own unique master school identification
  161  number and provides for the education of each of its enrolled
  162  students.
  163         (b)1. Beginning with the 2014-2015 school year, a school’s
  164  grade shall be based on the following components, each worth 100
  165  points a combination of:
  166         a. The percentage of eligible students passing Student
  167  achievement scores on statewide, standardized assessments in
  168  English Language Arts under s. 1008.22(3) 1008.22 and
  169  achievement scores for students seeking a special diploma.
  170         b. The percentage of eligible students passing statewide,
  171  standardized assessments in mathematics under s. 1008.22(3).
  172         c. The percentage of eligible students passing statewide,
  173  standardized assessments in science under s. 1008.22(3).
  174         d. The percentage of eligible students passing the
  175  statewide, standardized assessments in social studies under s.
  176  1008.22(3).
  177         e.b.The percentage of eligible students who make Student
  178  Learning Gains in FCAT Reading or, upon transition to common
  179  core assessments, the common core English Language Arts and
  180  Mathematics assessments as measured by statewide, standardized
  181  assessments administered under pursuant to s. 1008.22(3)
  182  1008.22, including learning gains for students seeking a special
  183  diploma, as measured by an alternate assessment.
  184         f. The percentage of eligible students who make Learning
  185  Gains in mathematics as measured by statewide, standardized
  186  assessments administered under s. 1008.22(3).
  187         g.c.The percentage of eligible students in Improvement of
  188  the lowest 25 percent in English Language Arts, as identified by
  189  prior year performance on statewide, standardized assessments,
  190  who make Learning Gains as measured by statewide, standardized
  191  English Language Arts assessments administered under s.
  192  1008.22(3) 25th percentile of students in the school in reading
  193  or, upon transition to common core assessments, English Language
  194  Arts and Mathematics assessments administered pursuant to s.
  195  1008.22, unless these students are exhibiting satisfactory
  196  performance.
  197         h. The percentage of eligible students in the lowest 25
  198  percent in mathematics, as identified by prior year performance
  199  on statewide, standardized assessments, who make Learning Gains
  200  as measured by statewide, standardized mathematics assessments
  201  administered under s. 1008.22(3).
  202         i. For schools comprised of middle grades 6 through 8 or
  203  grades 7 and 8, the percentage of eligible students passing high
  204  school level statewide, standardized end-of-course assessments
  205  or attaining national industry certifications identified in the
  206  Industry Certification Funding List pursuant to rules adopted by
  207  the State Board of Education.
  208  
  209  In calculating Learning Gains for the components listed in sub
  210  subparagraphs e.-h., the State Board of Education shall require
  211  that learning growth toward achievement levels 3, 4, and 5 is
  212  demonstrated by students who scored below each of those levels
  213  in the prior year. In calculating the components in sub
  214  subparagraphs a.-d., the state board shall include the
  215  performance of English language learners only if they have been
  216  enrolled in a school in the United States for more than 2 years.
  217         2. Beginning with the 2011-2012 school year, for schools
  218  comprised of middle grades 6 through 8 or grades 7 and 8, the
  219  school’s grade shall include the performance and participation
  220  of its students enrolled in high school level courses with
  221  statewide, standardized assessments administered under s.
  222  1008.22. Performance and participation must be weighted equally.
  223  As valid data becomes available, the school grades shall include
  224  the students’ attainment of national industry certification
  225  identified in the Industry Certification Funding List pursuant
  226  to rules adopted by the state board.
  227         2.3.Beginning with the 2009-2010 school year For a school
  228  schools comprised of high school grades 9, 10, 11, and 12, or
  229  grades 10, 11, and 12, the school’s grade at least 50 percent of
  230  the school grade shall also be based on a combination of the
  231  factors listed in sub-subparagraphs 1.a.-c. and the remaining
  232  percentage on the following components, each worth 100 points
  233  factors:
  234         a. The 4-year high school graduation rate of the school as
  235  defined by state board rule.;
  236         b. The percentage of students who were eligible to earn
  237  college and career credit through As valid data becomes
  238  available, the performance and participation of the school’s
  239  students in College Board Advanced Placement examinations
  240  courses, International Baccalaureate examinations courses, dual
  241  enrollment courses, or and Advanced International Certificate of
  242  Education examinations courses; or who, at any time during high
  243  school, earned and the students’ achievement of national
  244  industry certification identified in the Industry Certification
  245  Funding List, pursuant to rules adopted by the state board.;
  246         (c)1. The calculation of a school grade shall be based on
  247  the percentage of points earned from the components listed in
  248  subparagraph (b)1. and, if applicable, subparagraph (b)2. The
  249  State Board of Education shall adopt in rule a school grading
  250  scale that sets the percentage of points needed to earn each of
  251  the school grades listed in subsection (2). There shall be at
  252  least five percentage points separating the percentage
  253  thresholds needed to earn each of the school grades. The state
  254  board shall periodically review the school grading scale to
  255  determine if the scale should be adjusted upward to meet raised
  256  expectations and encourage increased student performance. If the
  257  state board adjusts the grading scale upward, the state board
  258  must inform the public and the school districts of the reasons
  259  for and degree of the adjustment and its anticipated impact on
  260  school grades.
  261         2. The calculation of school grades may not include any
  262  provision that would raise or lower the school’s grade beyond
  263  the percentage of points earned. Extra weight may not be added
  264  in the calculation of any components.
  265         c. Postsecondary readiness of all of the school’s on-time
  266  graduates as measured by the SAT, the ACT, the Postsecondary
  267  Education Readiness Test, or the common placement test;
  268         d. The high school graduation rate of at-risk students, who
  269  score Level 1 or Level 2 on grade 8 FCAT Reading or the English
  270  Language Arts and mathematics assessments administered under s.
  271  1008.22;
  272         e. As valid data becomes available, the performance of the
  273  school’s students on statewide, standardized end-of-course
  274  assessments administered under s. 1008.22(3)(b)4. and 5.; and
  275         f. The growth or decline in the components listed in sub
  276  subparagraphs a.-e. from year to year.
  277         (c) Student assessment data used in determining school
  278  grades shall include:
  279         1. The aggregate scores of all eligible students enrolled
  280  in the school who have been assessed on statewide, standardized
  281  assessments in courses required for high school graduation,
  282  including, beginning with the 2011-2012 school year, the end-of
  283  course assessment in Algebra I; and beginning with the 2012-2013
  284  school year, the end-of-course assessments in Geometry and
  285  Biology I; and beginning with the 2014-2015 school year, on the
  286  statewide, standardized end-of-course assessment in civics
  287  education at the middle grades level.
  288         2. The aggregate scores of all eligible students enrolled
  289  in the school who have been assessed on statewide, standardized
  290  assessments under s. 1008.22 and who have scored at or in the
  291  lowest 25th percentile of students in the school in reading and
  292  mathematics, unless these students are exhibiting satisfactory
  293  performance.
  294         (d) The performance of students attending alternative
  295  schools and students designated as hospital or homebound shall
  296  be factored into a school grade as follows:
  297         1.3. The student performance data for achievement scores
  298  and learning gains of eligible students attending alternative
  299  schools that provide dropout prevention and academic
  300  intervention services pursuant to s. 1003.53 shall be included
  301  in the calculation of the home school’s grade. The term
  302  “eligible students” in this subparagraph does not include
  303  students attending an alternative school who are subject to
  304  district school board policies for expulsion for repeated or
  305  serious offenses, who are in dropout retrieval programs serving
  306  students who have officially been designated as dropouts, or who
  307  are in programs operated or contracted by the Department of
  308  Juvenile Justice. The student performance data for eligible
  309  students identified in this subparagraph shall be included in
  310  the calculation of the home school’s grade. As used in this
  311  subparagraph and s. 1008.341, the term “home school” means the
  312  school to which the student would be assigned if the student
  313  were not assigned to an alternative school. If an alternative
  314  school chooses to be graded under this section, student
  315  performance data for eligible students identified in this
  316  subparagraph shall not be included in the home school’s grade
  317  but shall be included only in the calculation of the alternative
  318  school’s grade. A school district that fails to assign
  319  statewide, standardized end-of-course assessment scores of each
  320  of its students to his or her home school or to the alternative
  321  school that receives a grade shall forfeit Florida School
  322  Recognition Program funds for one 1 fiscal year. School
  323  districts must require collaboration between the home school and
  324  the alternative school in order to promote student success. This
  325  collaboration must include an annual discussion between the
  326  principal of the alternative school and the principal of each
  327  student’s home school concerning the most appropriate school
  328  assignment of the student.
  329         2.4. Student performance data for The achievement scores
  330  and learning gains of students designated as hospital or
  331  homebound hospital- or homebound. Student assessment data for
  332  students designated as hospital- or homebound shall be assigned
  333  to their home school for the purposes of school grades. As used
  334  in this subparagraph, the term “home school” means the school to
  335  which a student would be assigned if the student were not
  336  assigned to a hospital or homebound hospital- or homebound
  337  program.
  338         5. For schools comprised of high school grades 9, 10, 11,
  339  and 12, or grades 10, 11, and 12, the data listed in
  340  subparagraphs 1.-3. and the following data as the Department of
  341  Education determines such data are valid and available:
  342         a. The high school graduation rate of the school as
  343  calculated by the department;
  344         b. The participation rate of all eligible students enrolled
  345  in the school and enrolled in College Board Advanced Placement
  346  courses; International Baccalaureate courses; dual enrollment
  347  courses; Advanced International Certificate of Education
  348  courses; and courses or sequences of courses leading to national
  349  industry certification identified in the Industry Certification
  350  Funding List, pursuant to rules adopted by the State Board of
  351  Education;
  352         c. The aggregate scores of all eligible students enrolled
  353  in the school in College Board Advanced Placement courses,
  354  International Baccalaureate courses, and Advanced International
  355  Certificate of Education courses;
  356         d. Earning of college credit by all eligible students
  357  enrolled in the school in dual enrollment programs under s.
  358  1007.271;
  359         e. Earning of a national industry certification identified
  360  in the Industry Certification Funding List, pursuant to rules
  361  adopted by the State Board of Education;
  362         f. The aggregate scores of all eligible students enrolled
  363  in the school in reading, mathematics, and other subjects as
  364  measured by the SAT, the ACT, the Postsecondary Education
  365  Readiness Test, and the common placement test for postsecondary
  366  readiness;
  367         g. The high school graduation rate of all eligible at-risk
  368  students enrolled in the school who scored Level 2 or lower on
  369  grade 8 FCAT Reading and FCAT Mathematics;
  370         h. The performance of the school’s students on statewide,
  371  standardized end-of-course assessments administered under s.
  372  1008.22(3)(b)4. and 5.; and
  373         i. The growth or decline in the data components listed in
  374  sub-subparagraphs a.-h. from year to year.
  375  
  376  The State Board of Education shall adopt appropriate criteria
  377  for each school grade. The criteria must also give added weight
  378  to student achievement in reading. Schools earning a grade of
  379  “C,” making satisfactory progress, shall be required to
  380  demonstrate that adequate progress has been made by students in
  381  the school who are in the lowest 25th percentile in reading and
  382  mathematics on statewide, standardized assessments under s.
  383  1008.22, unless these students are exhibiting satisfactory
  384  performance. For schools comprised of high school grades 9, 10,
  385  11, and 12, or grades 10, 11, and 12, the criteria for school
  386  grades must also give added weight to the graduation rate of all
  387  eligible at-risk students. In order for a high school to earn a
  388  grade of “A,” the school must demonstrate that its at-risk
  389  students, as defined in this paragraph, are making adequate
  390  progress.
  391         (4) SCHOOL IMPROVEMENT RATINGS.—The annual report shall
  392  identify each school’s performance as having improved, remained
  393  the same, or declined. This school improvement rating shall be
  394  based on a comparison of the current year’s and previous year’s
  395  student and school performance data. A school that improves its
  396  rating by at least one level is eligible for school recognition
  397  awards pursuant to s. 1008.36.
  398         (4)(5) SCHOOL REPORT CARD.—The Department of Education
  399  shall annually develop, in collaboration with the school
  400  districts, a school report card to be provided by the school
  401  district to parents within the district. The report card shall
  402  include the school’s grade; student performance in English
  403  Language Arts, mathematics, science, and social studies;,
  404  information regarding school improvement;, an explanation of
  405  school performance as evaluated by the federal Elementary and
  406  Secondary Education Act (ESEA), 20 U.S.C. ss. 6301 et seq.;, and
  407  indicators of return on investment. Each school’s report card
  408  shall be published annually by the department on its website
  409  based upon the most recent data available.
  410         (6) PERFORMANCE-BASED FUNDING.—The Legislature may factor
  411  in the performance of schools in calculating any performance
  412  based funding policy that is provided for annually in the
  413  General Appropriations Act.
  414         (5)(7) DISTRICT GRADE.—The annual report required by
  415  subsection (1) shall include the school district’s grade.
  416  Beginning with the 2014-2015 school year, a school district’s
  417  grade shall include a district-level calculation of the
  418  components under paragraph (3)(b) be calculated using student
  419  performance and learning gains data on statewide assessments
  420  used for determining school grades under subparagraph (3)(b)1.
  421  for each eligible student enrolled for a full school year in the
  422  district. This calculation methodology captures each eligible
  423  student in the district who may have transferred among schools
  424  within the district or is enrolled in a school that does not
  425  receive a grade. The department shall develop a district report
  426  card that includes the district grade; the information required
  427  under s. 1008.345(5); measures of the district’s progress in
  428  closing the achievement gap between higher-performing student
  429  subgroups and lower-performing student subgroups; measures of
  430  the district’s progress in demonstrating Learning Gains of its
  431  highest-performing students; measures of the district’s success
  432  in improving student attendance; the district’s grade-level
  433  promotion of students scoring achievement levels 1 and 2 on
  434  statewide, standardized English Language Arts and mathematics
  435  assessments; and measures of the district’s performance in
  436  preparing students for the transition from elementary to middle
  437  school, middle to high school, and high school to postsecondary
  438  institutions and careers.
  439         (6)(8) RULES.—The State Board of Education shall adopt
  440  rules under ss. 120.536(1) and 120.54 to administer this
  441  section.
  442         (7) TRANSITION.—School grades and school improvement
  443  ratings pursuant to s. 1008.341 for the 2013-2014 school year
  444  shall be calculated based on statutes and rules in effect on
  445  June 30, 2014. To assist in the transition to 2014-2015 school
  446  grades, calculated based on new statewide, standardized
  447  assessments administered pursuant to s. 1008.22, the 2014-2015
  448  school grades shall serve as an informational baseline for
  449  schools to work toward improved performance in future years.
  450  Accordingly, notwithstanding any other provision of law:
  451         (a) A school may not be required to select and implement a
  452  turnaround option pursuant to s. 1008.33 in the 2015-2016 school
  453  year based on the school’s 2014-2015 grade or school improvement
  454  rating under s. 1008.341, as applicable.
  455         (b)1. A school or approved provider under s. 1002.45 that
  456  receives the same or a lower school grade or school improvement
  457  rating for the 2014-2015 school year compared to the 2013-2014
  458  school year is not subject to sanctions or penalties that would
  459  otherwise occur as a result of the 2014-2015 school grade or
  460  rating. A charter school system or a school district designated
  461  as high performing may not lose the designation based on the
  462  2014-2015 school grades of any of the schools within the charter
  463  school system or school district, as applicable.
  464         2. The Florida School Recognition Program established under
  465  s. 1008.36 shall continue to be implemented as otherwise
  466  provided in the General Appropriations Act.
  467         (c) For purposes of determining grade 3 retention pursuant
  468  to s. 1008.25(5) and high school graduation pursuant to s.
  469  1003.4282, student performance on the 2014-2015 statewide,
  470  standardized assessments shall be linked to 2013-2014 student
  471  performance expectations.
  472  
  473  This subsection is repealed July 1, 2017.
  474         Section 2. Subsection (18) of section 1001.42, Florida
  475  Statutes, is amended to read:
  476         1001.42 Powers and duties of district school board.—The
  477  district school board, acting as a board, shall exercise all
  478  powers and perform all duties listed below:
  479         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
  480  Maintain a state system of school improvement and education
  481  accountability as provided by statute and State Board of
  482  Education rule. This system of school improvement and education
  483  accountability shall be consistent with, and implemented
  484  through, the district’s continuing system of planning and
  485  budgeting required by this section and ss. 1008.385, 1010.01,
  486  and 1011.01. This system of school improvement and education
  487  accountability shall comply with the provisions of ss. 1008.33,
  488  1008.34, 1008.345, and 1008.385 and include the following:
  489         (a) School improvement plans.—The district school board
  490  shall annually approve and require implementation of a new,
  491  amended, or continuation school improvement plan for each school
  492  in the district. If a school has a significant gap in
  493  achievement on statewide, standardized assessments administered
  494  pursuant to s. 1008.22 1008.34(3)(b) by one or more student
  495  subgroups, as defined in the federal Elementary and Secondary
  496  Education Act (ESEA), 20 U.S.C. s. 6311(b)(2)(C)(v)(II); has not
  497  significantly increased decreased the percentage of students
  498  passing scoring below satisfactory on statewide, standardized
  499  assessments; has not significantly increased the percentage of
  500  students demonstrating Learning Gains, as defined in s. 1008.34
  501  and as calculated under s. 1008.34(3)(b), who passed statewide,
  502  standardized assessments; or has significantly lower graduation
  503  rates for a subgroup when compared to the state’s graduation
  504  rate, that school’s improvement plan shall include strategies
  505  for improving these results. The state board shall adopt rules
  506  establishing thresholds and for determining compliance with this
  507  paragraph.
  508         (b) Public disclosure.—The district school board shall
  509  provide information regarding the performance of students and
  510  educational programs as required pursuant to ss. 1008.22 and
  511  1008.385 and implement a system of school reports as required by
  512  statute and State Board of Education rule which shall include
  513  schools operating for the purpose of providing educational
  514  services to youth in Department of Juvenile Justice programs,
  515  and for those schools, report on the elements specified in s.
  516  1003.52(19). Annual public disclosure reports shall be in an
  517  easy-to-read report card format and shall include the school’s
  518  grade, high school graduation rate calculated without GED tests,
  519  disaggregated by student ethnicity, and performance data as
  520  specified in state board rule.
  521         (c) School improvement funds.—The district school board
  522  shall provide funds to schools for developing and implementing
  523  school improvement plans. Such funds shall include those funds
  524  appropriated for the purpose of school improvement pursuant to
  525  s. 24.121(5)(c).
  526         Section 3. Paragraph (n) of subsection (9) and paragraph
  527  (b) of subsection (21) of section 1002.33, Florida Statutes, are
  528  amended to read:
  529         1002.33 Charter schools.—
  530         (9) CHARTER SCHOOL REQUIREMENTS.—
  531         (n)1. The director and a representative of the governing
  532  board of a charter school that has earned a grade of “D” or “F”
  533  pursuant to s. 1008.34 1008.34(2) shall appear before the
  534  sponsor to present information concerning each contract
  535  component having noted deficiencies. The director and a
  536  representative of the governing board shall submit to the
  537  sponsor for approval a school improvement plan to raise student
  538  performance achievement. Upon approval by the sponsor, the
  539  charter school shall begin implementation of the school
  540  improvement plan. The department shall offer technical
  541  assistance and training to the charter school and its governing
  542  board and establish guidelines for developing, submitting, and
  543  approving such plans.
  544         2.a. If a charter school earns three consecutive grades of
  545  “D,” two consecutive grades of “D” followed by a grade of “F,”
  546  or two nonconsecutive grades of “F” within a 3-year period, the
  547  charter school governing board shall choose one of the following
  548  corrective actions:
  549         (I) Contract for educational services to be provided
  550  directly to students, instructional personnel, and school
  551  administrators, as prescribed in state board rule;
  552         (II) Contract with an outside entity that has a
  553  demonstrated record of effectiveness to operate the school;
  554         (III) Reorganize the school under a new director or
  555  principal who is authorized to hire new staff; or
  556         (IV) Voluntarily close the charter school.
  557         b. The charter school must implement the corrective action
  558  in the school year following receipt of a third consecutive
  559  grade of “D,” a grade of “F” following two consecutive grades of
  560  “D,” or a second nonconsecutive grade of “F” within a 3-year
  561  period.
  562         c. The sponsor may annually waive a corrective action if it
  563  determines that the charter school is likely to improve a letter
  564  grade if additional time is provided to implement the
  565  intervention and support strategies prescribed by the school
  566  improvement plan. Notwithstanding this sub-subparagraph, a
  567  charter school that earns a second consecutive grade of “F” is
  568  subject to subparagraph 4.
  569         d. A charter school is no longer required to implement a
  570  corrective action if it improves by at least one letter grade.
  571  However, the charter school must continue to implement
  572  strategies identified in the school improvement plan. The
  573  sponsor must annually review implementation of the school
  574  improvement plan to monitor the school’s continued improvement
  575  pursuant to subparagraph 5.
  576         e. A charter school implementing a corrective action that
  577  does not improve by at least one letter grade after 2 full
  578  school years of implementing the corrective action must select a
  579  different corrective action. Implementation of the new
  580  corrective action must begin in the school year following the
  581  implementation period of the existing corrective action, unless
  582  the sponsor determines that the charter school is likely to
  583  improve a letter grade if additional time is provided to
  584  implement the existing corrective action. Notwithstanding this
  585  sub-subparagraph, a charter school that earns a second
  586  consecutive grade of “F” while implementing a corrective action
  587  is subject to subparagraph 4.
  588         3. A charter school with a grade of “D” or “F” that
  589  improves by at least one letter grade must continue to implement
  590  the strategies identified in the school improvement plan. The
  591  sponsor must annually review implementation of the school
  592  improvement plan to monitor the school’s continued improvement
  593  pursuant to subparagraph 5.
  594         4. The sponsor shall terminate a charter if the charter
  595  school earns two consecutive grades of “F” unless:
  596         a. The charter school is established to turn around the
  597  performance of a district public school pursuant to s.
  598  1008.33(4)(b)3. Such charter schools shall be governed by s.
  599  1008.33;
  600         b. The charter school serves a student population the
  601  majority of which resides in a school zone served by a district
  602  public school that earned a grade of “F” in the year before the
  603  charter school opened and the charter school earns at least a
  604  grade of “D” in its third year of operation. The exception
  605  provided under this sub-subparagraph does not apply to a charter
  606  school in its fourth year of operation and thereafter; or
  607         c. The state board grants the charter school a waiver of
  608  termination. The charter school must request the waiver within
  609  15 days after the department’s official release of school
  610  grades. The state board may waive termination if the charter
  611  school demonstrates that the Learning Gains of its students on
  612  statewide assessments are comparable to or better than the
  613  Learning Gains of similarly situated students enrolled in nearby
  614  district public schools. The waiver is valid for 1 year and may
  615  only be granted once. Charter schools that have been in
  616  operation for more than 5 years are not eligible for a waiver
  617  under this sub-subparagraph.
  618         5. The director and a representative of the governing board
  619  of a graded charter school that has implemented a school
  620  improvement plan under this paragraph shall appear before the
  621  sponsor at least once a year to present information regarding
  622  the progress of intervention and support strategies implemented
  623  by the school pursuant to the school improvement plan and
  624  corrective actions, if applicable. The sponsor shall communicate
  625  at the meeting, and in writing to the director, the services
  626  provided to the school to help the school address its
  627  deficiencies.
  628         6. Notwithstanding any provision of this paragraph except
  629  sub-subparagraphs 4.a.-c., the sponsor may terminate the charter
  630  at any time pursuant to subsection (8).
  631         (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
  632         (b)1. The Department of Education shall report to each
  633  charter school receiving a school grade pursuant to s. 1008.34
  634  or a school improvement rating pursuant to s. 1008.341 the
  635  school’s student assessment data pursuant to s. 1008.34(3)(c)
  636  which is reported to schools that receive a school grade or
  637  student assessment data pursuant to s. 1008.341(3) which is
  638  reported to alternative schools that receive a school
  639  improvement rating to each charter school that:
  640         a. Does not receive a school grade pursuant to s. 1008.34
  641  or a school improvement rating pursuant to s. 1008.341; and
  642         b. Serves at least 10 students who are tested on the
  643  statewide assessment test pursuant to s. 1008.22.
  644         2. The charter school shall report the information in
  645  subparagraph 1. to each parent of a student at the charter
  646  school, the parent of a child on a waiting list for the charter
  647  school, the district in which the charter school is located, and
  648  the governing board of the charter school. This paragraph does
  649  not abrogate the provisions of s. 1002.22, relating to student
  650  records, or the requirements of 20 U.S.C. s. 1232g, the Family
  651  Educational Rights and Privacy Act.
  652         3.a. Pursuant to this paragraph, the Department of
  653  Education shall compare the charter school student performance
  654  data for each charter school in subparagraph 1. with the student
  655  performance data in traditional public schools in the district
  656  in which the charter school is located and other charter schools
  657  in the state. For alternative charter schools, the department
  658  shall compare the student performance data described in this
  659  paragraph with all alternative schools in the state. The
  660  comparative data shall be provided by the following grade
  661  groupings:
  662         (I) Grades 3 through 5;
  663         (II) Grades 6 through 8; and
  664         (III) Grades 9 through 11.
  665         b. Each charter school shall provide the information
  666  specified in this paragraph on its Internet website and also
  667  provide notice to the public at large in a manner provided by
  668  the rules of the State Board of Education. The State Board of
  669  Education shall adopt rules to administer the notice
  670  requirements of this subparagraph pursuant to ss. 120.536(1) and
  671  120.54. The website shall include, through links or actual
  672  content, other information related to school performance.
  673         Section 4. Paragraphs (a) and (d) of subsection (1) of
  674  section 1003.621, Florida Statutes, are amended to read:
  675         1003.621 Academically high-performing school districts.—It
  676  is the intent of the Legislature to recognize and reward school
  677  districts that demonstrate the ability to consistently maintain
  678  or improve their high-performing status. The purpose of this
  679  section is to provide high-performing school districts with
  680  flexibility in meeting the specific requirements in statute and
  681  rules of the State Board of Education.
  682         (1) ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.—
  683         (a) A school district is an academically high-performing
  684  school district if it meets the following criteria:
  685         1.a. Beginning with the 2004-2005 school year, Earns a
  686  grade of “A” under s. 1008.34 1008.34(7) for 2 consecutive
  687  years; and
  688         b. Has no district-operated school that earns a grade of
  689  “F” under s. 1008.34;
  690         2. Complies with all class size requirements in s. 1, Art.
  691  IX of the State Constitution and s. 1003.03; and
  692         3. Has no material weaknesses or instances of material
  693  noncompliance noted in the annual financial audit conducted
  694  pursuant to s. 11.45 or s. 218.39.
  695         (d) In order to maintain the designation as an academically
  696  high-performing school district pursuant to this section, a
  697  school district must meet the following requirements:
  698         1. Comply with the provisions of subparagraphs (a)2. and
  699  3.; and
  700         2. Earn a grade of “A” under s. 1008.34 1008.34(7) for 2
  701  years within a 3-year period.
  702  
  703  However, a district in which a district-operated school earns a
  704  grade of “F” under s. 1008.34 during the 3-year period may not
  705  continue to be designated as an academically high-performing
  706  school district during the remainder of that 3-year period. The
  707  district must meet the criteria in paragraph (a) in order to be
  708  redesignated as an academically high-performing school district.
  709         Section 5. Paragraph (b) of subsection (1) of section
  710  1008.31, Florida Statutes, is amended to read:
  711         1008.31 Florida’s K-20 education performance accountability
  712  system; legislative intent; mission, goals, and systemwide
  713  measures; data quality improvements.—
  714         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  715  that:
  716         (b) The K-20 education performance accountability system be
  717  established as a single, unified accountability system with
  718  multiple components, including, but not limited to, measures of
  719  adequate yearly progress, individual student performance
  720  learning gains in public schools and, school and district
  721  grades, and return on investment.
  722         Section 6. Subsection (2) of section 1008.33, Florida
  723  Statutes, is amended to read:
  724         1008.33 Authority to enforce public school improvement.—
  725         (2)(a) Pursuant to subsection (1) and ss. 1008.34,
  726  1008.345, and 1008.385, the State Board of Education shall hold
  727  all school districts and public schools accountable for student
  728  performance. The state board is responsible for a state system
  729  of school improvement and education accountability that assesses
  730  student performance by school, identifies schools that in which
  731  students are not meeting accountability making adequate progress
  732  toward state standards, and institutes appropriate measures for
  733  enforcing improvement.
  734         (b) The state system of school improvement and education
  735  accountability must provide for uniform accountability
  736  standards, provide assistance of escalating intensity to low
  737  performing schools not meeting accountability standards, direct
  738  support to schools in order to improve and sustain performance,
  739  focus on the performance of student subgroups, and enhance
  740  student performance.
  741         (c) School districts must be held accountable for improving
  742  the academic performance achievement of all students and for
  743  identifying and improving turning around low-performing schools
  744  that fail to meet accountability standards.
  745         Section 7. Subsections (2), (3), and (4) of section
  746  1008.341, Florida Statutes, are amended to read:
  747         1008.341 School improvement rating for alternative
  748  schools.—
  749         (2) SCHOOL IMPROVEMENT RATING.—An alternative school is a
  750  school that provides dropout prevention and academic
  751  intervention services pursuant to s. 1003.53. An alternative
  752  school shall receive a school improvement rating pursuant to
  753  this section unless the school earns a school grade pursuant to
  754  s. 1008.34. An Beginning with the 2013-2014 school year, each
  755  alternative school that chooses to receive a school improvement
  756  rating shall receive a school improvement rating if the number
  757  of its students for whom student performance data on statewide,
  758  standardized assessments pursuant to s. 1008.22 which is
  759  available for the current year and previous year meets or
  760  exceeds the minimum sample size of 10. If an alternative school
  761  does not have at least 10 students with complete data for a
  762  component listed in subsection (3), that component may not be
  763  used in calculating the school’s improvement rating. The
  764  calculation of the school improvement rating shall be based on
  765  the percentage of points earned from the components listed in
  766  subsection (3). An alternative school that tests at least 80
  767  percent of its students may receive a school improvement rating.
  768  If an alternative school tests less than 90 percent of its
  769  students, the school may not earn a rating higher than
  770  “maintaining.” Beginning with the 2016-2017 school year, if an
  771  alternative school does not meet the requirements for the
  772  issuance of a school improvement rating in the current year, and
  773  has failed to receive a school improvement rating for the prior
  774  2 consecutive years, the school shall receive a rating for the
  775  current year based upon a compilation of all student Learning
  776  Gains, for all grade levels, for those 3 years. Likewise, if the
  777  school fails to meet the requirements for a rating the following
  778  year or any year thereafter, the school’s rating shall be based
  779  on a compilation of student Learning Gains achieved during the
  780  current and prior 2 years. The school improvement rating shall
  781  identify an alternative school as having one of the following
  782  ratings defined according to rules of the State Board of
  783  Education:
  784         (a) “Commendable” “Improving” means a significant
  785  percentage of the students attending the school are making
  786  Learning Gains more academic progress than when the students
  787  were served in their home schools.
  788         (b) “Maintaining” means a sufficient percentage of the
  789  students attending the school are making Learning Gains progress
  790  equivalent to the progress made when the students were served in
  791  their home schools.
  792         (c) “Unsatisfactory” “Declining” means an insufficient
  793  percentage of the students attending the school are making
  794  Learning Gains less academic progress than when the students
  795  were served in their home schools.
  796  
  797  The school improvement rating shall be based on a comparison of
  798  student performance data for the current year and previous year.
  799  Schools that improve at least one level or maintain a
  800  “commendable” an “improving” rating pursuant to this section are
  801  eligible for school recognition awards pursuant to s. 1008.36.
  802         (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student
  803  Learning Gains data used in determining an alternative school’s
  804  school improvement rating shall include:
  805         (a)student performance results based on statewide,
  806  standardized assessments, including retakes, administered under
  807  s. 1008.22 for all eligible students who were assigned to and
  808  enrolled in the school during the October or February FTE count
  809  and who have assessment scores or comparable scores for the
  810  preceding school year shall be used in determining an
  811  alternative school’s school improvement rating. An alternative
  812  school’s rating shall be based on the following components:
  813         (a)The percentage of eligible students who make Learning
  814  Gains in English Language Arts as measured by statewide,
  815  standardized assessments under s. 1008.22(3).
  816         (b) The percentage of eligible students who make Learning
  817  Gains in mathematics as measured by statewide, standardized
  818  assessments under s. 1008.22(3) Student performance results
  819  based on statewide, standardized assessments, including retakes,
  820  administered under s. 1008.22 for all eligible students who were
  821  assigned to and enrolled in the school during the October or
  822  February FTE count and who have scored in the lowest 25th
  823  percentile of students in the state on FCAT Reading.
  824  
  825  Student performance results of students who are subject to
  826  district school board policies for expulsion for repeated or
  827  serious offenses, who are in dropout retrieval programs serving
  828  students who have officially been designated as dropouts, or who
  829  are in programs operated or contracted by the Department of
  830  Juvenile Justice may not be included in an alternative school’s
  831  school improvement rating.
  832         (4) IDENTIFICATION OF STUDENT LEARNING GAINS.—For each
  833  alternative school receiving a school improvement rating, the
  834  Department of Education shall annually identify the percentage
  835  of students making Learning Gains consistent with the provisions
  836  in s. 1008.34(3) as compared to the percentage of the same
  837  students making learning gains in their home schools in the year
  838  prior to being assigned to the alternative school.
  839         Section 8. Subsection (2) of section 1008.3415, Florida
  840  Statutes, is amended to read:
  841         1008.3415 School grade or school improvement rating for
  842  exceptional student education centers.—
  843         (2) Notwithstanding s. 1008.34 1008.34(3)(c)3., the
  844  achievement levels scores and Learning Gains of a student with a
  845  disability who attends an exceptional student education center
  846  and has not been enrolled in or attended a public school other
  847  than an exceptional student education center for grades K-12
  848  within the school district shall not be included in the
  849  calculation of the home school’s grade if the student is
  850  identified as an emergent student on the alternate assessment
  851  tool described in s. 1008.22(3)(c) 1008.22(3)(c)13.
  852         Section 9. Present subsections (9) and (10) of section
  853  1008.22, Florida Statutes, are renumbered as subsections (10)
  854  and (11), respectively, and a new subsection (9) is added to
  855  that section, to read:
  856         1008.22 Student assessment program for public schools.—
  857         (9) CHILD WITH MEDICAL COMPLEXITY.—In addition to the
  858  exemption option provided for under s. 1008.212, effective July
  859  1, 2014, a child with a medical complexity may be exempt from
  860  participating in statewide, standardized assessments, including
  861  the Florida Alternate Assessment (FAA), pursuant to the
  862  provisions of this subsection.
  863         (a) Definition of child with medical complexity. A child
  864  with a medical complexity means a child who, based upon medical
  865  documentation from a physician licensed under chapter 458 or 459
  866  is medically fragile and needs intensive care due to a condition
  867  such as congenital or acquired multisystem disease; has a severe
  868  neurological or cognitive disorder with marked functional
  869  impairment; or is technology dependent for activities of daily
  870  living; and lacks the capacity to take or perform on an
  871  assessment.
  872         (b) Exemption options. If the parent consents in writing,
  873  and the IEP team determines that the child should not be
  874  assessed based upon medical documentation that the child meets
  875  the definition of a child with medical complexity, then the
  876  parent may choose one of the following three assessment
  877  exemption options.
  878         1. One-year exemption approved by the district school
  879  superintendent. If the superintendent is provided written
  880  documentation of parental consent and appropriate medical
  881  documentation to support the IEP team’s determination that the
  882  child is a child with medical complexity, then the
  883  superintendent may approve a one-year exemption from all
  884  statewide, standardized assessments, including the FAA. The
  885  superintendent shall report annually to the district school
  886  board and the Commissioner of Education the number of students
  887  who are identified as a child with medical complexity who are
  888  not participating in the assessment program.
  889         2. One- to three-year exemption approved by the
  890  Commissioner of Education. If the commissioner is provided
  891  written documentation of parental consent; district school
  892  superintendent approval; the IEP team’s determination that the
  893  child is a child with medical complexity based upon appropriate
  894  medical documentation; and all medical documentation, then the
  895  commissioner may exempt the child from all statewide,
  896  standardized assessments, including the FAA, for up to three
  897  years. The State Board of Education shall adopt rules to
  898  administer this subparagraph which must expedite the process by
  899  which exemptions are reviewed and approved and which demonstrate
  900  the utmost compassion and consideration for meeting the parent’s
  901  and child’s needs.
  902         3. Permanent exemption approved by the Commissioner of
  903  Education. If the commissioner is provided written documentation
  904  of parental consent; district school superintendent approval of
  905  a permanent exemption; the IEP team’s determination that the
  906  child is a child with medical complexity based upon appropriate
  907  medical documentation and that a permanent exemption is
  908  appropriate; and all medical documentation, then the
  909  commissioner may approve a permanent exemption from all
  910  statewide, standardized assessments, including the FAA. The
  911  State Board of Education shall adopt rules to administer this
  912  subparagraph which must expedite the process by which exemptions
  913  are reviewed and approved and which demonstrate the utmost
  914  compassion and consideration for meeting the parent’s and
  915  child’s needs.
  916         (c) Reporting requirements. The Commissioner of Education
  917  shall annually report to the Legislature data, by district,
  918  related to the implementation of this subsection at the same
  919  time as results are reported regarding student performance on
  920  statewide, standardized assessments.
  921         Section 10. Subsection (5) of section 1008.345, Florida
  922  Statutes, is amended to read:
  923         1008.345 Implementation of state system of school
  924  improvement and education accountability.—
  925         (5) The commissioner shall report to the Legislature and
  926  recommend changes in state policy necessary to foster school
  927  improvement and education accountability. The report shall
  928  include:
  929         (a) For each school district:
  930         1. The percentage of students, by school and grade level,
  931  demonstrating learning growth in English Language Arts and
  932  mathematics.
  933         2. The percentage of students, by school and grade level,
  934  in both the highest and lowest quartiles demonstrating learning
  935  growth in English Language Arts and mathematics.
  936         (b) Intervention and support strategies used by school
  937  boards whose students in both the highest and lowest quartiles
  938  exceed the statewide average learning growth for students in
  939  those quartiles.
  940         (c) Intervention and support strategies used by school
  941  boards whose schools provide educational services to youth in
  942  Department of Juvenile Justice programs that demonstrate
  943  learning growth in English Language Arts and mathematics that
  944  exceeds the statewide average learning growth for students in
  945  those subjects. Included in the report shall be a list of the
  946  schools, including schools operating for the purpose of
  947  providing educational services to youth in Department of
  948  Juvenile Justice programs, for which district school boards have
  949  developed intervention and support strategies and an analysis of
  950  the various strategies used by the school boards.
  951  
  952  School reports shall be distributed pursuant to this subsection
  953  and s. 1001.42(18)(b) and according to rules adopted by the
  954  State Board of Education.
  955         Section 11. Paragraph (a) of subsection (2) of section
  956  1011.64, Florida Statutes, is amended to read:
  957         1011.64 School district minimum classroom expenditure
  958  requirements.—
  959         (2) For the purpose of implementing the provisions of this
  960  section, the Legislature shall prescribe minimum academic
  961  performance standards and minimum classroom expenditure
  962  requirements for districts not meeting such minimum academic
  963  performance standards in the General Appropriations Act.
  964         (a) Minimum academic performance standards may be based on,
  965  but are not limited to, district grades determined pursuant to
  966  s. 1008.34 1008.34(7).
  967         Section 12. Subsection (6) of section 1008.22, Florida
  968  Statutes, is amended to read:
  969         1008.22 Student assessment program for public schools.—
  970         (6) LOCAL ASSESSMENTS.—
  971         (a) Measurement of student performance learning gains in
  972  all subjects and grade levels, except those subjects and grade
  973  levels measured under the statewide, standardized assessment
  974  program described in this section, is the responsibility of the
  975  school districts.
  976         (b) Except for those subjects and grade levels measured
  977  under the statewide, standardized assessment program, beginning
  978  with the 2014-2015 school year, each school district shall
  979  administer for each course offered in the district a local
  980  student assessment that measures student mastery of course the
  981  content, as described in the state-adopted course description,
  982  at the necessary level of rigor for the course. As adopted
  983  pursuant to State Board of Education rule, course content is set
  984  forth in the state standards required by s. 1003.41 and in the
  985  course description. Local Such assessments may include:
  986         1. Statewide assessments.
  987         2. Other standardized assessments, including nationally
  988  recognized standardized assessments.
  989         3. Industry certification assessments examinations.
  990         4. District-developed or district-selected end-of-course
  991  assessments.
  992         5. Teacher-selected or principal-selected assessments.
  993         (c) Each district school board must adopt policies for
  994  selection, development, administration, and scoring of local
  995  assessments and for collection of assessment results. Local
  996  assessments implemented under subparagraphs (b)4. and 5. may
  997  include a variety of assessment formats, including, but not
  998  limited to, project-based assessments, adjudicated performances,
  999  and practical application assignments. For all English Language
 1000  Arts, mathematics, science, and social studies courses offered
 1001  in the district that are used to meet graduation requirements
 1002  under s. 1002.3105, s. 1003.4281, or s. 1003.4282 and that are
 1003  not otherwise assessed by statewide, standardized assessments,
 1004  the district school board must select the assessments described
 1005  in subparagraphs (b)1.-4.
 1006         (d)(c) The Commissioner of Education shall identify methods
 1007  to assist and support districts in the development and
 1008  acquisition of assessments required under this subsection.
 1009  Methods may include developing item banks, facilitating the
 1010  sharing of developed tests among school districts, acquiring
 1011  assessments from state and national curriculum-area
 1012  organizations, and providing technical assistance in best
 1013  professional practices of test development based upon state
 1014  adopted curriculum standards, administration, and security.
 1015         (e)(d) Each school district shall establish schedules for
 1016  the administration of any district-mandated assessment and
 1017  approve the schedules as an agenda item at a district school
 1018  board meeting. The school district shall publish the testing
 1019  schedules on its website, clearly specifying the district
 1020  mandated assessments, and report the schedules to the Department
 1021  of Education by October 1 of each year.
 1022         Section 13. Subsections (1), (7), and (8) of section
 1023  1012.34, Florida Statutes, are amended, and subsections (9) and
 1024  (10) are added to that section, to read:
 1025         1012.34 Personnel evaluation procedures and criteria.—
 1026         (1) EVALUATION SYSTEM APPROVAL AND REPORTING.—
 1027         (a) For the purpose of increasing student academic
 1028  performance learning growth by improving the quality of
 1029  instructional, administrative, and supervisory services in the
 1030  public schools of the state, the district school superintendent
 1031  shall establish procedures for evaluating the performance of
 1032  duties and responsibilities of all instructional,
 1033  administrative, and supervisory personnel employed by the school
 1034  district. The district school superintendent shall provide
 1035  instructional personnel the opportunity to review their class
 1036  rosters for accuracy and to correct any mistakes. The district
 1037  school superintendent shall annually report accurate class
 1038  rosters for the purpose of calculating district and statewide
 1039  student performance and annually report the evaluation results
 1040  of instructional personnel and school administrators to the
 1041  Department of Education in addition to the information required
 1042  under subsection (5).
 1043         (b) The department must approve each school district’s
 1044  instructional personnel and school administrator evaluation
 1045  systems. The department shall monitor each district’s
 1046  implementation of its instructional personnel and school
 1047  administrator evaluation systems for compliance with the
 1048  requirements of this section.
 1049         (c) Annually, by December 1, 2012, the Commissioner of
 1050  Education shall report to the Governor, the President of the
 1051  Senate, and the Speaker of the House of Representatives the
 1052  approval and implementation status of each school district’s
 1053  instructional personnel and school administrator evaluation
 1054  systems. The report shall include performance evaluation results
 1055  for the prior school year for instructional personnel and school
 1056  administrators using the four levels of performance specified in
 1057  paragraph (2)(e). The performance evaluation results for
 1058  instructional personnel shall be disaggregated by classroom
 1059  teachers, as defined in s. 1012.01(2)(a), excluding substitute
 1060  teachers, and all other instructional personnel, as defined in
 1061  s. 1012.01(2)(b)–(d). The commissioner shall include in the
 1062  report each district’s performance-level standards established
 1063  under subsection (7), a comparative analysis of the district’s
 1064  student academic performance results and evaluation results,
 1065  data reported under s. 1012.341, continue to report, by December
 1066  1 each year thereafter, each school district’s performance
 1067  evaluation results and the status of any evaluation system
 1068  revisions requested by a school district pursuant to subsection
 1069  (6).
 1070         (7) MEASUREMENT OF STUDENT LEARNING GROWTH.—
 1071         (a) By June 1, 2011, The Commissioner of Education shall
 1072  approve a formula to measure individual student learning growth
 1073  on the statewide, standardized assessments in English Language
 1074  Arts and mathematics on the Florida Comprehensive Assessment
 1075  Test (FCAT) administered under s. 1008.22 1008.22(3)(c)1. The
 1076  formula must take into consideration each student’s prior
 1077  academic performance. The formula must not set different
 1078  expectations for student learning growth based upon a student’s
 1079  gender, race, ethnicity, or socioeconomic status. In the
 1080  development of the formula, the commissioner shall consider
 1081  other factors such as a student’s attendance record, disability
 1082  status, or status as an English language learner. The
 1083  commissioner shall select additional formulas as appropriate for
 1084  the remainder of the statewide assessments included under s.
 1085  1008.22 and continue to select formulas as new assessments are
 1086  implemented in the state system. After the commissioner approves
 1087  the formula to measure individual student learning growth on the
 1088  FCAT and as additional formulas are selected by the commissioner
 1089  for new assessments implemented in the state system, the State
 1090  Board of Education shall adopt these formulas in by rule.
 1091         (b) Beginning in the 2011-2012 school year, Each school
 1092  district shall measure student learning growth using the
 1093  formulas formula approved by the commissioner under paragraph
 1094  (a) for courses associated with the statewide, standardized
 1095  assessments administered FCAT. Each school district shall
 1096  implement the additional student learning growth measures
 1097  selected by the commissioner under paragraph (a) for the
 1098  remainder of the statewide assessments included under s. 1008.22
 1099  no later than the school year immediately following the year the
 1100  formula is approved by the commissioner as they become
 1101  available. Beginning in the 2014-2015 school year, For grades
 1102  and subjects not assessed by statewide, standardized assessments
 1103  but otherwise assessed as required under s. 1008.22(6)
 1104  1008.22(8), each school district shall measure performance of
 1105  students student learning growth using a methodology determined
 1106  by the district an equally appropriate formula. The department
 1107  shall provide models for measuring performance of students
 1108  student learning growth which school districts may adopt.
 1109         (c) For a course that is not measured by a statewide,
 1110  standardized assessment, a school district may request, through
 1111  the evaluation system approval process, to use a student’s
 1112  student achievement level measure rather than a student learning
 1113  growth measure if achievement is demonstrated to be a more
 1114  appropriate measure of classroom teacher performance. A school
 1115  district may also request to use a combination of student
 1116  learning growth and achievement, if appropriate.
 1117         (d) For If the student learning growth in a course that is
 1118  not measured by a statewide, standardized assessment but is
 1119  measured by a school district assessment, a school district may
 1120  request, through the evaluation system approval process, that
 1121  the performance evaluation for the classroom teacher assigned to
 1122  that course include the learning growth of his or her students
 1123  on one or more statewide, standardized assessments FCAT Reading
 1124  or FCAT Mathematics. The request must clearly explain the
 1125  rationale supporting the request. However, the classroom
 1126  teacher’s performance evaluation must give greater weight to
 1127  student learning growth on the district assessment.
 1128         (e) For purposes of this section and only for the 2014-2015
 1129  school year, a school district may use measurable learning
 1130  targets on local assessments administered under s. 1008.22(6) to
 1131  evaluate the performance of students portion of a classroom
 1132  teacher’s evaluation for courses that are not assessed by
 1133  statewide, standardized assessments. classroom teachers of
 1134  courses for which the district has not implemented appropriate
 1135  assessments under s. 1008.22(8) or for which the school district
 1136  has not adopted an equally appropriate measure of student
 1137  learning growth under paragraphs (b)-(d), student learning
 1138  growth must be measured by the growth in learning of the
 1139  classroom teacher’s students on statewide assessments, or, for
 1140  courses in which enrolled students do not take the statewide
 1141  assessments, measurable Learning targets must be established
 1142  based upon the goals of the school improvement plan and approved
 1143  by the school principal. A district school superintendent may
 1144  assign to instructional personnel in an instructional team the
 1145  student learning growth of the instructional team’s students on
 1146  statewide assessments. This paragraph expires July 1, 2015.
 1147         (8) RULEMAKING.—The State Board of Education shall adopt
 1148  rules pursuant to ss. 120.536(1) and 120.54 which establish
 1149  uniform procedures for the submission, review, and approval of
 1150  district evaluation systems and reporting requirements for the
 1151  annual evaluation of instructional personnel and school
 1152  administrators; specific, discrete standards for each
 1153  performance level required under subsection (2) to ensure clear
 1154  and sufficient differentiation in the performance levels and to
 1155  provide consistency in meaning across school districts; the
 1156  measurement of student learning growth and associated
 1157  implementation procedures required under subsection (7); a
 1158  process to permit instructional personnel to review the class
 1159  roster for accuracy and to correct any mistakes relating to the
 1160  identity of students for whom the individual is responsible; and
 1161  a process for monitoring school district implementation of
 1162  evaluation systems in accordance with this section.
 1163  Specifically, the rules shall establish a student performance
 1164  levels learning growth standard that if not met will result in
 1165  the employee receiving an unsatisfactory performance evaluation
 1166  rating. In like manner, the rules shall establish a student
 1167  performance level learning growth standard that must be met in
 1168  order for an employee to receive a highly effective rating and a
 1169  student learning growth standard that must be met in order for
 1170  an employee to receive an effective rating.
 1171         (9) TRANSITION TO NEW STATEWIDE, STANDARDIZED ASSESSMENTS.
 1172  Standards for each performance level required under subsection
 1173  (2) shall be established by the State Board of Education
 1174  beginning with the 2015-2016 school year.
 1175         (10) DISTRICT BONUS REWARDS FOR PERFORMANCE PAY BASED ON
 1176  EVALUATION PROGRESS.—School districts are eligible for bonus
 1177  rewards as provided for in the 2014 General Appropriations Act
 1178  for making outstanding progress toward educator effectiveness,
 1179  including implementation of instructional personnel salaries
 1180  based on performance results under s. 1012.34 and the use of
 1181  local assessment results in personnel evaluations when
 1182  statewide, standardized assessments are not administered.
 1183         Section 14. Section 1012.341, Florida Statutes, is amended
 1184  to read:
 1185         1012.341 Exemption from performance evaluation system and
 1186  compensation and salary schedule requirements.—
 1187         (1) Hillsborough County Notwithstanding any other provision
 1188  of this act, a School District that received an exemption under
 1189  Florida’s Race to the Top Memorandum of Understanding for Phase
 1190  2, as provided in s. (D)(2)(ii) of the memorandum. Accordingly,
 1191  notwithstanding any other provision of law, Hillsborough County
 1192  School District, is allowed to base 40 percent, instead of 50
 1193  percent, of instructional personnel and school administrator
 1194  performance evaluations upon student performance learning growth
 1195  under s. 1012.34, as amended by this act. The school district is
 1196  also exempt from the amendments to s. 1012.22(1)(c) made by
 1197  chapter 2011-1, Laws of Florida this act. The exemptions
 1198  described in this subsection are effective beginning with for
 1199  the 2011-2012 school year and until the expiration of this
 1200  section are effective for each school year thereafter if the
 1201  school district receives annual approval by the State Board of
 1202  Education.
 1203         (2) By October 1, 2014, and by October 1 annually
 1204  thereafter, the superintendent of Hillsborough County School
 1205  District shall attest, in writing, to the Commissioner of
 1206  Education that The State Board of Education shall base its
 1207  approval upon demonstration by the school district of the
 1208  following:
 1209         (a) The instructional personnel and school administrator
 1210  evaluation systems base at least 40 percent of an employee’s
 1211  performance evaluation upon student performance and that student
 1212  performance is the single greatest component of an employee’s
 1213  evaluation.
 1214         (b) The instructional personnel and school administrator
 1215  evaluation systems adopt the Commissioner of Education’s student
 1216  learning growth formula for statewide assessments as provided
 1217  under s. 1012.34(7).
 1218         (c) The school district’s instructional personnel and
 1219  school administrator compensation system awards salary increases
 1220  based upon sustained student performance.
 1221         (d) The school district’s contract system awards
 1222  instructional personnel and school administrators based upon
 1223  student performance and removes ineffective employees.
 1224         (e) Beginning with the 2014-2015 school year and each
 1225  school year thereafter, student learning growth based upon
 1226  performance on statewide assessments under s. 1008.22 must have
 1227  significantly improved compared to student learning growth in
 1228  the district in 2011-2012 and significantly improved compared to
 1229  other school districts.
 1230         (3) Failure to comply with subsection (2) is grounds for
 1231  the State Board of Education, at a public hearing, to revoke the
 1232  exemption The State Board of Education shall annually renew a
 1233  school district’s exemptions if the school district demonstrates
 1234  that it meets the requirements of subsection (2). If the
 1235  exemptions are not renewed, the school district must comply with
 1236  the requirements and laws described in subsection (1) by the
 1237  beginning of the next school year immediately following the loss
 1238  of the exemptions.
 1239         (4) The State Board of Education shall adopt rules pursuant
 1240  to ss. 120.536(1) and 120.54 to establish the procedures for
 1241  applying for the exemptions and the criteria for renewing the
 1242  exemptions.
 1243  
 1244  This section is shall be repealed August 1, 2017, unless
 1245  reviewed and reenacted by the Legislature.
 1246         Section 15. This act shall take effect July 1, 2014.