Florida Senate - 2014 (PROPOSED COMMITTEE BILL) SPB 7060
FOR CONSIDERATION By the Committee on Education
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.
17 1003.621,F.S.; revising cross-references; amending s.
18 1008.31, F.S.; revising legislative intent for the K
19 20 education performance accountability system;
20 amending s. 1008.33, F.S.; conforming provisions
21 relating to school improvement and education
22 accountability; amending s. 1008.341, F.S.; revising
23 provisions relating to the school improvement rating
24 for alternative schools; amending s. 1008.3415, F.S.;
25 correcting cross-references; providing an effective
28 Be It Enacted by the Legislature of the State of Florida:
30 Section 1. Section 1008.34, Florida Statutes, is amended to
32 1008.34 School grading system; school report cards;
33 district grade.—
34 (1) DEFINITIONS.—For purposes of the statewide,
35 standardized assessment program and school grading system, the
36 following terms are defined:
37 (a) “Achievement level,” “student achievement,” or
38 “achievement” describes the level of content mastery a student
39 has acquired in a particular subject as measured by a statewide,
40 standardized assessment administered pursuant to s.
41 1008.22(3)(a) and (b). There are five achievement levels. Level
42 1 is the lowest achievement level, level 5 is the highest
43 achievement level, and level 3 indicates satisfactory
44 performance. A student passes an assessment if the student
45 achieves a level 3, level 4, or level 5. For purposes of the
46 Florida Alternate Assessment administered pursuant to s.
47 1008.22(3)(c), the state board shall provide, in rule, the
48 number of achievement levels and identify the achievement levels
49 that are considered passing.
50 (b) “Learning Gains,” “annual learning gains,” or “student
51 learning gains” means the degree of student learning growth
52 occurring from one school year to the next as required by state
53 board rule for purposes of calculating school grades under this
55 (c) “Student performance,” “student academic performance,”
56 or “academic performance” includes, but is not limited to,
57 student learning growth, achievement levels, and Learning Gains
58 on statewide, standardized assessments administered pursuant to
59 s. 1008.22.
(1) ANNUAL REPORTS.—The Commissioner of Education shall
61 prepare annual reports of the results of the statewide
62 assessment program which describe student achievement in the
63 state, each district, and each school. The commissioner shall
64 prescribe the design and content of these reports, which must
65 include descriptions of the performance of all schools
66 participating in the assessment program and all of their major
67 student populations as determined by the commissioner. The
68 report must also include the percent of students performing at
69 or above grade level and making learning gains in reading and
70 mathematics. The provisions of s. 1002.22 pertaining to student
71 records apply to this section.
72 (2) SCHOOL GRADES.— The annual report shall identify Schools
73 shall be graded using as having one of the following grades,
74 defined according to rules of the State Board of Education:
75 (a) “A,” schools making excellent progress.
76 (b) “B,” schools making above average progress.
77 (c) “C,” schools making satisfactory progress.
78 (d) “D,” schools making less than satisfactory progress.
79 (e) “F,” schools failing to make adequate progress.
81 Each school that earns a grade of “A” or improves at least two
82 letter grades may shall have greater authority over the
83 allocation of the school’s total budget generated from the FEFP,
84 state categoricals, lottery funds, grants, and local funds , as
85 specified in state board rule. The rule must provide that the
86 increased budget authority shall remain in effect until the
87 school’s grade declines.
88 (3) DESIGNATION OF SCHOOL GRADES.—
89 (a) Each school must assess at least 95 percent of its
90 eligible students, except as provided under s. 1008.341 for
91 alternative schools. Beginning with the 2013-2014 school year,
92 Each school that has students who are tested and included in the
93 school grading system shall receive a school grade based on the
94 school’s performance on the components listed in subparagraphs
95 (b)1. and 2. If a school does not have at least 10 students with
96 complete data for one or more of the components listed in
97 subparagraphs (b)1. and 2., those components may not be used in
98 calculating the school’s grade. if the number of its students
99 tested on statewide assessments pursuant to s. 1008.22 meets or
100 exceeds the minimum sample size of 10, except as follows:
101 1. An alternative school may choose to receive a school
102 grade under this section or a school improvement rating under s.
103 1008.341. For charter schools that meet the definition of an
104 alternative school pursuant to State Board of Education rule,
105 the decision to receive a school grade is the decision of the
106 charter school governing board.
107 2. A school that serves any combination of students in
108 kindergarten through grade 3 that which does not receive a
109 school grade because its students are not tested and included in
110 the school grading system shall receive the school grade
111 designation of a K-3 feeder pattern school identified by the
112 Department of Education and verified by the school district. A
113 school feeder pattern exists if at least 60 percent of the
114 students in the school serving a combination of students in
115 kindergarten through grade 3 are scheduled to be assigned to the
116 graded school.
117 3. If a collocated school does not earn a school grade or
118 school improvement rating for the performance of its students,
119 the student performance data of all schools operating at the
120 same facility must be aggregated to develop a school grade that
121 will be assigned to all schools at that location. A collocated
122 school is a school that has its own unique master school
123 identification number, provides for the education of each of its
124 enrolled students, and operates at the same facility as another
125 school that has its own unique master school identification
126 number and provides for the education of each of its enrolled
128 (b)1. Beginning with the 2014-2015 school year, a school’s
129 grade shall be based on the following components, each worth 100
130 points a combination of:
131 a. The percentage of eligible students passing Student
132 achievement scores on statewide, standardized assessments in
133 English Language Arts under s. 1008.22(3) 1008.22 and
134 achievement scores for students seeking a special diploma.
135 b. The percentage of eligible students passing statewide,
136 standardized assessments in mathematics under s. 1008.22(3).
137 c. The percentage of eligible students passing statewide,
138 standardized assessments in science under s. 1008.22(3).
139 d. The percentage of eligible students passing the
140 statewide, standardized assessments in social studies under s.
142 e. b. The percentage of eligible students who make Student
143 Learning Gains in FCAT Reading or, upon transition to common
144 core assessments, the common core English Language Arts and
145 Mathematics assessments as measured by statewide, standardized
146 assessments administered under pursuant to s. 1008.22(3)
147 1008.22, including learning gains for students seeking a special
148 diploma, as measured by an alternate assessment.
149 f. The percentage of eligible students who make Learning
150 Gains in mathematics as measured by statewide, standardized
151 assessments administered under s. 1008.22(3).
152 g. c. The percentage of eligible students in Improvement of
153 the lowest 25 percent in English Language Arts, as identified by
154 prior year performance on statewide, standardized assessments,
155 who make Learning Gains as measured by statewide, standardized
156 English Language Arts assessments administered under s.
157 1008.22(3) 25th percentile of students in the school in reading
158 or, upon transition to common core assessments, English Language
159 Arts and Mathematics assessments administered pursuant to s.
160 1008.22, unless these students are exhibiting satisfactory
162 h. The percentage of eligible students in the lowest 25
163 percent in mathematics, as identified by prior year performance
164 on statewide, standardized assessments, who make Learning Gains
165 as measured by statewide, standardized mathematics assessments
166 administered under s. 1008.22(3).
168 In calculating Learning Gains for the components listed in sub
169 subparagraphs e.-h., the State Board of Education shall require
170 that learning growth toward achievement levels 3, 4, and 5 is
171 demonstrated by students who scored below each of those levels
172 in the prior year.
173 2. Beginning with the 2011-2012 school year, for schools
174 comprised of middle grades 6 through 8 or grades 7 and 8, the
175 school’s grade shall include the performance and participation
176 of its students enrolled in high school level courses with
177 statewide, standardized assessments administered under s.
178 1008.22. Performance and participation must be weighted equally.
179 As valid data becomes available, the school grades shall include
180 the students’ attainment of national industry certification
181 identified in the Industry Certification Funding List pursuant
182 to rules adopted by the state board.
183 2. 3. Beginning with the 2009-2010 school year For a school
184 schools comprised of high school grades 9, 10, 11, and 12, or
185 grades 10, 11, and 12, the school’s grade at least 50 percent of
186 the school grade shall also be based on a combination of the
187 factors listed in sub-subparagraphs 1.a.-c. and the remaining
188 percentage on the following components, each worth 100 points
190 a. The four-year high school graduation rate of the school,
191 as defined by state board rule. ;
192 b. The percentage of students who were eligible to earn
193 college credit through As valid data becomes available, the
194 performance and participation of the school’s students in
195 College Board Advanced Placement examinations courses,
196 International Baccalaureate examinations courses, dual
197 enrollment courses, or and Advanced International Certificate of
198 Education examinations courses; or who, at any time during high
199 school, earned and the students’ achievement of national
200 industry certification for which there is a statewide
201 articulation agreement and that is identified in the Industry
202 Certification Funding List, pursuant to rules adopted by the
203 state board. ;
204 (c)1. The calculation of a school grade shall be based on
205 the percentage of points earned from the components listed in
206 subparagraph (b)1. and, if applicable, subparagraph(b)2. The
207 State Board of Education shall adopt in rule a school grading
208 scale that sets the percentage of points needed to earn each of
209 the school grades listed in subsection (2). There shall be at
210 least five percentage points separating the percentage
211 thresholds needed to earn each of the school grades. The state
212 board shall periodically review the school grading scale to
213 determine if the scale should be adjusted upward to meet raised
214 expectations and encourage increased student performance.
215 2. The calculation of school grades may not include any
216 provision that would raise or lower the school’s grade beyond
217 the percentage of points earned. Extra weight may not be added
218 to the calculation of any components.
219 c. Postsecondary readiness of all of the school’s on-time
220 graduates as measured by the SAT, the ACT, the Postsecondary
221 Education Readiness Test, or the common placement test;
222 d. The high school graduation rate of at-risk students, who
223 score Level 1 or Level 2 on grade 8 FCAT Reading or the English
224 Language Arts and mathematics assessments administered under s.
226 e. As valid data becomes available, the performance of the
227 school’s students on statewide, standardized end-of-course
228 assessments administered under s. 1008.22(3)(b)4. and 5.; and
229 f. The growth or decline in the components listed in sub
230 subparagraphs a.-e. from year to year.
231 (c) Student assessment data used in determining school
232 grades shall include:
233 1. The aggregate scores of all eligible students enrolled
234 in the school who have been assessed on statewide, standardized
235 assessments in courses required for high school graduation,
236 including, beginning with the 2011-2012 school year, the end-of
237 course assessment in Algebra I; and beginning with the 2012-2013
238 school year, the end-of-course assessments in Geometry and
239 Biology I; and beginning with the 2014-2015 school year, on the
240 statewide, standardized end-of-course assessment in civics
241 education at the middle grades level.
242 2. The aggregate scores of all eligible students enrolled
243 in the school who have been assessed on statewide, standardized
244 assessments under s. 1008.22 and who have scored at or in the
245 lowest 25th percentile of students in the school in reading and
246 mathematics, unless these students are exhibiting satisfactory
248 (d) The performance of students attending alternative
249 schools and students designated as hospital or homebound shall
250 be factored into a school grade as follows:
251 1. 3. The student performance data for achievement scores
252 and learning gains of eligible students attending alternative
253 schools that provide dropout prevention and academic
254 intervention services pursuant to s. 1003.53 shall be included
255 in the calculation of the home school’s grade. The term
256 “eligible students” in this subparagraph does not include
257 students attending an alternative school who are subject to
258 district school board policies for expulsion for repeated or
259 serious offenses, who are in dropout retrieval programs serving
260 students who have officially been designated as dropouts, or who
261 are in programs operated or contracted by the Department of
262 Juvenile Justice. The student performance data for eligible
263 students identified in this subparagraph shall be included in
264 the calculation of the home school’s grade. As used in this
265 subparagraph and s. 1008.341, the term “home school” means the
266 school to which the student would be assigned if the student
267 were not assigned to an alternative school. If an alternative
268 school chooses to be graded under this section, student
269 performance data for eligible students identified in this
270 subparagraph shall not be included in the home school’s grade
271 but shall be included only in the calculation of the alternative
272 school’s grade. A school district that fails to assign
273 statewide, standardized end-of-course assessment scores of each
274 of its students to his or her home school or to the alternative
275 school that receives a grade shall forfeit Florida School
276 Recognition Program funds for one 1 fiscal year. School
277 districts must require collaboration between the home school and
278 the alternative school in order to promote student success. This
279 collaboration must include an annual discussion between the
280 principal of the alternative school and the principal of each
281 student’s home school concerning the most appropriate school
282 assignment of the student.
283 2. 4. Student performance data for The achievement scores
284 and learning gains of students designated as hospital or
285 homebound hospital- or homebound. Student assessment data for
286 students designated as hospital- or homebound shall be assigned
287 to their home school for the purposes of school grades. As used
288 in this subparagraph, the term “home school” means the school to
289 which a student would be assigned if the student were not
290 assigned to a hospital or homebound hospital- or homebound
292 5. For schools comprised of high school grades 9, 10, 11,
293 and 12, or grades 10, 11, and 12, the data listed in
294 subparagraphs 1.-3. and the following data as the Department of
295 Education determines such data are valid and available:
296 a. The high school graduation rate of the school as
297 calculated by the department;
298 b. The participation rate of all eligible students enrolled
299 in the school and enrolled in College Board Advanced Placement
300 courses; International Baccalaureate courses; dual enrollment
301 courses; Advanced International Certificate of Education
302 courses; and courses or sequences of courses leading to national
303 industry certification identified in the Industry Certification
304 Funding List, pursuant to rules adopted by the State Board of
306 c. The aggregate scores of all eligible students enrolled
307 in the school in College Board Advanced Placement courses,
308 International Baccalaureate courses, and Advanced International
309 Certificate of Education courses;
310 d. Earning of college credit by all eligible students
311 enrolled in the school in dual enrollment programs under s.
313 e. Earning of a national industry certification identified
314 in the Industry Certification Funding List, pursuant to rules
315 adopted by the State Board of Education;
316 f. The aggregate scores of all eligible students enrolled
317 in the school in reading, mathematics, and other subjects as
318 measured by the SAT, the ACT, the Postsecondary Education
319 Readiness Test, and the common placement test for postsecondary
321 g. The high school graduation rate of all eligible at-risk
322 students enrolled in the school who scored Level 2 or lower on
323 grade 8 FCAT Reading and FCAT Mathematics;
324 h. The performance of the school’s students on statewide,
325 standardized end-of-course assessments administered under s.
326 1008.22(3)(b)4. and 5.; and
327 i. The growth or decline in the data components listed in
328 sub-subparagraphs a.-h. from year to year.
330 The State Board of Education shall adopt appropriate criteria
331 for each school grade. The criteria must also give added weight
332 to student achievement in reading. Schools earning a grade of
333 “C,” making satisfactory progress, shall be required to
334 demonstrate that adequate progress has been made by students in
335 the school who are in the lowest 25th percentile in reading and
336 mathematics on statewide, standardized assessments under s.
337 1008.22, unless these students are exhibiting satisfactory
338 performance. For schools comprised of high school grades 9, 10,
339 11, and 12, or grades 10, 11, and 12, the criteria for school
340 grades must also give added weight to the graduation rate of all
341 eligible at-risk students. In order for a high school to earn a
342 grade of “A,” the school must demonstrate that its at-risk
343 students, as defined in this paragraph, are making adequate
345 (4) SCHOOL IMPROVEMENT RATINGS.—The annual report shall
346 identify each school’s performance as having improved, remained
347 the same, or declined. This school improvement rating shall be
348 based on a comparison of the current year’s and previous year’s
349 student and school performance data. A school that improves its
350 rating by at least one level is eligible for school recognition
351 awards pursuant to s. 1008.36.
352 (4) (5) SCHOOL REPORT CARD.—The Department of Education
353 shall annually develop, in collaboration with the school
354 districts, a school report card to be provided by the school
355 district to parents within the district. The report card shall
356 include the school’s grade; student performance in English
357 Language Arts, mathematics, science, and social studies; ,
358 information regarding school improvement; , an explanation of
359 school performance as evaluated by the federal Elementary and
360 Secondary Education Act (ESEA), 20 U.S.C. ss. 6301 et seq.; , and
361 indicators of return on investment. Each school’s report card
362 shall be published annually by the department on its website
363 based upon the most recent data available.
364 (6) PERFORMANCE-BASED FUNDING.—The Legislature may factor
365 in the performance of schools in calculating any performance
366 based funding policy that is provided for annually in the
367 General Appropriations Act.
368 (5) (7) DISTRICT GRADE.— The annual report required by
369 subsection (1) shall include the school district’s grade.
370 Beginning with the 2014-2015 school year, a school district’s
371 grade shall include a district-level calculation of the
372 components under paragraph (3)(b) be calculated using student
373 performance and learning gains data on statewide assessments
374 used for determining school grades under subparagraph (3)(b)1.
375 for each eligible student enrolled for a full school year in the
376 district. This calculation methodology captures each eligible
377 student in the district who may have transferred among schools
378 within the district or is enrolled in a school that does not
379 receive a grade. The department shall develop a district report
380 card that includes the district’s grade; measures of the
381 district’s progress in closing the achievement gap between
382 higher-performing student subgroups and lower-performing student
383 subgroups; measures of the district’s progress in demonstrating
384 Learning Gains of its highest-performing students; measures of
385 the district’s success in improving student attendance; the
386 district’s grade-level promotion of students scoring achievement
387 levels 1 and 2 on statewide, standardized English Language Arts
388 and mathematics assessments; and measures of the district’s
389 performance in preparing students for the transition from
390 elementary to middle school, middle to high school, and high
391 school to postsecondary institutions and careers.
392 (6) (8) RULES.—The State Board of Education shall adopt
393 rules under ss. 120.536(1) and 120.54 to administer this
395 (7) TRANSITION.—School grades and school improvement
396 ratings pursuant to s. 1008.341 for the 2013-2014 school year
397 shall be calculated based on statutes and rules in effect on
398 June 30, 2014. To assist in the transition to 2014-2015 school
399 grades, calculated based on new statewide, standardized
400 assessments administered pursuant to s. 1008.22, the 2014-2015
401 school grades shall serve as an informational baseline for
402 schools to work toward improved performance in future years.
403 Accordingly, notwithstanding any other provision of law:
404 (a) A school may not be required to select and implement a
405 turnaround option pursuant to s. 1008.33 in the 2015-2016 school
406 year based on the school’s 2014-2015 grade or school improvement
407 rating under s. 1008.341, as applicable.
408 (b)1. A school or approved provider under s. 1002.45 that
409 receives the same or a lower school grade or school improvement
410 rating for the 2014-2015 school year compared to the 2013-2014
411 school year is not subject to sanctions or penalties that would
412 otherwise occur as a result of the 2014-2015 school grade or
413 rating. A charter school system or a school district designated
414 as high performing may not lose the designation based on the
415 2014-2015 school grades of any of the schools within the charter
416 school system or school district, as applicable.
417 2. The School Recognition Program established under s.
418 1008.36 shall continue to be implemented as otherwise provided
419 in the General Appropriations Act.
420 (c) For purposes of determining grade 3 retention pursuant
421 to s. 1008.25(5) and high school graduation pursuant to s.
422 1003.4282, student performance on the 2014-2015 statewide,
423 standardized assessments shall be linked to 2013-2014 student
424 performance expectations.
426 This subsection is repealed July 1, 2017.
427 Section 2. Subsection (18) of section 1001.42, Florida
428 Statutes, is amended to read:
429 1001.42 Powers and duties of district school board.—The
430 district school board, acting as a board, shall exercise all
431 powers and perform all duties listed below:
432 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
433 Maintain a state system of school improvement and education
434 accountability as provided by statute and State Board of
435 Education rule. This system of school improvement and education
436 accountability shall be consistent with, and implemented
437 through, the district’s continuing system of planning and
438 budgeting required by this section and ss. 1008.385, 1010.01,
439 and 1011.01. This system of school improvement and education
440 accountability shall comply with the provisions of ss. 1008.33,
441 1008.34, 1008.345, and 1008.385 and include the following:
442 (a) School improvement plans.—The district school board
443 shall annually approve and require implementation of a new,
444 amended, or continuation school improvement plan for each school
445 in the district. If a school has a significant gap in
446 achievement on statewide, standardized assessments administered
447 pursuant to s. 1008.22 1008.34(3)(b) by one or more student
448 subgroups, as defined in the federal Elementary and Secondary
449 Education Act (ESEA), 20 U.S.C. s. 6311(b)(2)(C)(v)(II); has not
450 significantly increased decreased the percentage of students
451 passing scoring below satisfactory on statewide, standardized
452 assessments; has not significantly increased the percentage of
453 students demonstrating Learning Gains, as defined in s. 1008.34
454 and as calculated under s. 1008.34(3)(b, who passed statewide,
455 standardized assessments; or has significantly lower graduation
456 rates for a subgroup when compared to the state’s graduation
457 rate, that school’s improvement plan shall include strategies
458 for improving these results. The state board shall adopt rules
459 establishing thresholds and for determining compliance with this
461 (b) Public disclosure.—The district school board shall
462 provide information regarding the performance of students and
463 educational programs as required pursuant to ss. 1008.22 and
464 1008.385 and implement a system of school reports as required by
465 statute and State Board of Education rule which shall include
466 schools operating for the purpose of providing educational
467 services to youth in Department of Juvenile Justice programs,
468 and for those schools, report on the elements specified in s.
469 1003.52(19). Annual public disclosure reports shall be in an
470 easy-to-read report card format and shall include the school’s
471 grade, high school graduation rate calculated without GED tests,
472 disaggregated by student ethnicity, and performance data as
473 specified in state board rule.
474 (c) School improvement funds.—The district school board
475 shall provide funds to schools for developing and implementing
476 school improvement plans. Such funds shall include those funds
477 appropriated for the purpose of school improvement pursuant to
478 s. 24.121(5)(c).
479 Section 3. Paragraph (n) of subsection (9) and paragraph
480 (b) of subsection (21) of section 1002.33, Florida Statutes, are
481 amended to read:
482 1002.33 Charter schools.—
483 (9) CHARTER SCHOOL REQUIREMENTS.—
484 (n)1. The director and a representative of the governing
485 board of a charter school that has earned a grade of “D” or “F”
486 pursuant to s. 1008.34 1008.34(2) shall appear before the
487 sponsor to present information concerning each contract
488 component having noted deficiencies. The director and a
489 representative of the governing board shall submit to the
490 sponsor for approval a school improvement plan to raise student
491 performance achievement. Upon approval by the sponsor, the
492 charter school shall begin implementation of the school
493 improvement plan. The department shall offer technical
494 assistance and training to the charter school and its governing
495 board and establish guidelines for developing, submitting, and
496 approving such plans.
497 2.a. If a charter school earns three consecutive grades of
498 “D,” two consecutive grades of “D” followed by a grade of “F,”
499 or two nonconsecutive grades of “F” within a 3-year period, the
500 charter school governing board shall choose one of the following
501 corrective actions:
502 (I) Contract for educational services to be provided
503 directly to students, instructional personnel, and school
504 administrators, as prescribed in state board rule;
505 (II) Contract with an outside entity that has a
506 demonstrated record of effectiveness to operate the school;
507 (III) Reorganize the school under a new director or
508 principal who is authorized to hire new staff; or
509 (IV) Voluntarily close the charter school.
510 b. The charter school must implement the corrective action
511 in the school year following receipt of a third consecutive
512 grade of “D,” a grade of “F” following two consecutive grades of
513 “D,” or a second nonconsecutive grade of “F” within a 3-year
515 c. The sponsor may annually waive a corrective action if it
516 determines that the charter school is likely to improve a letter
517 grade if additional time is provided to implement the
518 intervention and support strategies prescribed by the school
519 improvement plan. Notwithstanding this sub-subparagraph, a
520 charter school that earns a second consecutive grade of “F” is
521 subject to subparagraph 4.
522 d. A charter school is no longer required to implement a
523 corrective action if it improves by at least one letter grade.
524 However, the charter school must continue to implement
525 strategies identified in the school improvement plan. The
526 sponsor must annually review implementation of the school
527 improvement plan to monitor the school’s continued improvement
528 pursuant to subparagraph 5.
529 e. A charter school implementing a corrective action that
530 does not improve by at least one letter grade after 2 full
531 school years of implementing the corrective action must select a
532 different corrective action. Implementation of the new
533 corrective action must begin in the school year following the
534 implementation period of the existing corrective action, unless
535 the sponsor determines that the charter school is likely to
536 improve a letter grade if additional time is provided to
537 implement the existing corrective action. Notwithstanding this
538 sub-subparagraph, a charter school that earns a second
539 consecutive grade of “F” while implementing a corrective action
540 is subject to subparagraph 4.
541 3. A charter school with a grade of “D” or “F” that
542 improves by at least one letter grade must continue to implement
543 the strategies identified in the school improvement plan. The
544 sponsor must annually review implementation of the school
545 improvement plan to monitor the school’s continued improvement
546 pursuant to subparagraph 5.
547 4. The sponsor shall terminate a charter if the charter
548 school earns two consecutive grades of “F” unless:
549 a. The charter school is established to turn around the
550 performance of a district public school pursuant to s.
551 1008.33(4)(b)3. Such charter schools shall be governed by s.
553 b. The charter school serves a student population the
554 majority of which resides in a school zone served by a district
555 public school that earned a grade of “F” in the year before the
556 charter school opened and the charter school earns at least a
557 grade of “D” in its third year of operation. The exception
558 provided under this sub-subparagraph does not apply to a charter
559 school in its fourth year of operation and thereafter; or
560 c. The state board grants the charter school a waiver of
561 termination. The charter school must request the waiver within
562 15 days after the department’s official release of school
563 grades. The state board may waive termination if the charter
564 school demonstrates that the Learning Gains of its students on
565 statewide assessments are comparable to or better than the
566 Learning Gains of similarly situated students enrolled in nearby
567 district public schools. The waiver is valid for 1 year and may
568 only be granted once. Charter schools that have been in
569 operation for more than 5 years are not eligible for a waiver
570 under this sub-subparagraph.
571 5. The director and a representative of the governing board
572 of a graded charter school that has implemented a school
573 improvement plan under this paragraph shall appear before the
574 sponsor at least once a year to present information regarding
575 the progress of intervention and support strategies implemented
576 by the school pursuant to the school improvement plan and
577 corrective actions, if applicable. The sponsor shall communicate
578 at the meeting, and in writing to the director, the services
579 provided to the school to help the school address its
581 6. Notwithstanding any provision of this paragraph except
582 sub-subparagraphs 4.a.-c., the sponsor may terminate the charter
583 at any time pursuant to subsection (8).
584 (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
585 (b)1. The Department of Education shall report to each
586 charter school receiving a school grade pursuant to s. 1008.34
587 or a school improvement rating pursuant to s. 1008.341 the
588 school’s student assessment data pursuant to s. 1008.34(3)(c)
589 which is reported to schools that receive a school grade or
590 student assessment data pursuant to s. 1008.341(3) which is
591 reported to alternative schools that receive a school
592 improvement rating to each charter school that:
593 a. Does not receive a school grade pursuant to s. 1008.34
594 or a school improvement rating pursuant to s. 1008.341; and
595 b. Serves at least 10 students who are tested on the
596 statewide assessment test pursuant to s. 1008.22.
597 2. The charter school shall report the information in
598 subparagraph 1. to each parent of a student at the charter
599 school, the parent of a child on a waiting list for the charter
600 school, the district in which the charter school is located, and
601 the governing board of the charter school. This paragraph does
602 not abrogate the provisions of s. 1002.22, relating to student
603 records, or the requirements of 20 U.S.C. s. 1232g, the Family
604 Educational Rights and Privacy Act.
605 3.a. Pursuant to this paragraph, the Department of
606 Education shall compare the charter school student performance
607 data for each charter school in subparagraph 1. with the student
608 performance data in traditional public schools in the district
609 in which the charter school is located and other charter schools
610 in the state. For alternative charter schools, the department
611 shall compare the student performance data described in this
612 paragraph with all alternative schools in the state. The
613 comparative data shall be provided by the following grade
615 (I) Grades 3 through 5;
616 (II) Grades 6 through 8; and
617 (III) Grades 9 through 11.
618 b. Each charter school shall provide the information
619 specified in this paragraph on its Internet website and also
620 provide notice to the public at large in a manner provided by
621 the rules of the State Board of Education. The State Board of
622 Education shall adopt rules to administer the notice
623 requirements of this subparagraph pursuant to ss. 120.536(1) and
624 120.54. The website shall include, through links or actual
625 content, other information related to school performance.
626 Section 4. Paragraphs (a) and (d) of subsection (1) of
627 section 1003.621, Florida Statutes, are amended to read:
628 1003.621 Academically high-performing school districts.—It
629 is the intent of the Legislature to recognize and reward school
630 districts that demonstrate the ability to consistently maintain
631 or improve their high-performing status. The purpose of this
632 section is to provide high-performing school districts with
633 flexibility in meeting the specific requirements in statute and
634 rules of the State Board of Education.
635 (1) ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.—
636 (a) A school district is an academically high-performing
637 school district if it meets the following criteria:
638 1.a. Beginning with the 2004-2005 school year, Earns a
639 grade of “A” under s. 1008.34 1008.34(7) for 2 consecutive
640 years; and
641 b. Has no district-operated school that earns a grade of
642 “F” under s. 1008.34;
643 2. Complies with all class size requirements in s. 1, Art.
644 IX of the State Constitution and s. 1003.03; and
645 3. Has no material weaknesses or instances of material
646 noncompliance noted in the annual financial audit conducted
647 pursuant to s. 11.45 or s. 218.39.
648 (d) In order to maintain the designation as an academically
649 high-performing school district pursuant to this section, a
650 school district must meet the following requirements:
651 1. Comply with the provisions of subparagraphs (a)2. and
652 3.; and
653 2. Earn a grade of “A” under s. 1008.34 1008.34(7) for 2
654 years within a 3-year period.
656 However, a district in which a district-operated school earns a
657 grade of “F” under s. 1008.34 during the 3-year period may not
658 continue to be designated as an academically high-performing
659 school district during the remainder of that 3-year period. The
660 district must meet the criteria in paragraph (a) in order to be
661 redesignated as an academically high-performing school district.
662 Section 5. Paragraph (b) of subsection (1) of section
663 1008.31, Florida Statutes, is amended to read:
664 1008.31 Florida’s K-20 education performance accountability
665 system; legislative intent; mission, goals, and systemwide
666 measures; data quality improvements.—
667 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
669 (b) The K-20 education performance accountability system be
670 established as a single, unified accountability system with
671 multiple components, including, but not limited to, measures of
672 adequate yearly progress, individual student performance
673 learning gains in public schools and , school and district
674 grades , and return on investment.
675 Section 6. Subsection (2) of section 1008.33, Florida
676 Statutes, is amended to read:
677 1008.33 Authority to enforce public school improvement.—
678 (2)(a) Pursuant to subsection (1) and ss. 1008.34,
679 1008.345, and 1008.385, the State Board of Education shall hold
680 all school districts and public schools accountable for student
681 performance. The state board is responsible for a state system
682 of school improvement and education accountability that assesses
683 student performance by school, identifies schools that in which
684 students are not meeting accountability making adequate progress
685 toward state standards, and institutes appropriate measures for
686 enforcing improvement.
687 (b) The state system of school improvement and education
688 accountability must provide for uniform accountability
689 standards, provide assistance of escalating intensity to low
690 performing schools not meeting accountability standards, direct
691 support to schools in order to improve and sustain performance,
692 focus on the performance of student subgroups, and enhance
693 student performance.
694 (c) School districts must be held accountable for improving
695 the academic performance achievement of all students and for
696 identifying and improving turning around low-performing schools
697 that fail to meet accountability standards.
698 Section 7. Subsections (2), (3), and (4) of section
699 1008.341, Florida Statutes, are amended to read:
700 1008.341 School improvement rating for alternative
702 (2) SCHOOL IMPROVEMENT RATING.—An alternative school is a
703 school that provides dropout prevention and academic
704 intervention services pursuant to s. 1003.53. An alternative
705 school shall receive a school improvement rating pursuant to
706 this section unless the school earns a school grade pursuant to
707 s. 1008.34. Beginning with the 2013-2014 school year, each An
708 alternative school that chooses to receive a school improvement
709 rating shall receive a school improvement rating if the number
710 of its students for whom student performance data on statewide,
711 standardized assessments pursuant to s. 1008.22 which is
712 available for the current year and previous year meets or
713 exceeds the minimum sample size of 10. If an alternative school
714 does not have at least 10 students with complete data for a
715 component listed in subsection (3), that component may not be
716 used in calculating the school’s improvement rating. The
717 calculation of the school improvement rating shall be based on
718 the percentage of points earned from the components listed in
719 subsection (3). An alternative school that tests at least 80
720 percent of its students may receive a school improvement rating.
721 If an alternative school tests less than 90 percent of its
722 students, the school may not earn a rating higher than
723 “maintaining.” Beginning with the 2016-2017 school year, if an
724 alternative school does not meet the requirements for the
725 issuance of a school improvement rating in the current year, and
726 has failed to receive a school improvement rating for the prior
727 two consecutive years, the school shall receive a rating for the
728 current year based upon a compilation of all student Learning
729 Gains, for all grade levels, for those three years. Likewise, if
730 the school fails to meet the requirements for a rating the
731 following year or any year thereafter, the school’s rating shall
732 be based on a compilation of student Learning Gains achieved
733 during the current and prior two years. The school improvement
734 rating shall identify an alternative school as having one of the
735 following ratings defined according to rules of the State Board
736 of Education:
737 (a) “Commendable” “Improving” means a significant
738 percentage of the students attending the school are making
739 Learning Gains more academic progress than when the students
740 were served in their home schools.
741 (b) “Maintaining” means a sufficient percentage of the
742 students attending the school are making Learning Gains progress
743 equivalent to the progress made when the students were served in
744 their home schools.
745 (c) “Unsatisfactory” “Declining” means an insufficient
746 percentage of the students attending the school are making
747 Learning Gains less academic progress than when the students
748 were served in their home schools.
750 The school improvement rating shall be based on a comparison of
751 student performance data for the current year and previous year.
752 Schools that improve at least one level or maintain a
753 “commendable” an “improving” rating pursuant to this section are
754 eligible for school recognition awards pursuant to s. 1008.36.
755 (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student data
756 used in determining an alternative school’s school improvement
757 rating shall include:
758 (a) student Learning Gains performance results based on
759 statewide, standardized assessments, including retakes,
760 administered under s. 1008.22 for all eligible students who were
761 assigned to and enrolled in the school during the October or
762 February FTE count and who have assessment scores or comparable
763 scores for the preceding school year shall be used in
764 determining an alternative school’s school improvement rating.
765 An alternative school’s rating shall be based on the following
767 (a) The percentage of eligible students who make Learning
768 Gains in English Language Arts as measured by statewide,
769 standardized assessments under s. 1008.22(3).
770 (b) The percentage of eligible students who make Learning
771 Gains in mathematics as measured by statewide, standardized
772 assessments under s. 1008.22(3) Student performance results
773 based on statewide, standardized assessments, including retakes,
774 administered under s. 1008.22 for all eligible students who were
775 assigned to and enrolled in the school during the October or
776 February FTE count and who have scored in the lowest 25th
777 percentile of students in the state on FCAT Reading.
779 Student performance results of students who are subject to
780 district school board policies for expulsion for repeated or
781 serious offenses, who are in dropout retrieval programs serving
782 students who have officially been designated as dropouts, or who
783 are in programs operated or contracted by the Department of
784 Juvenile Justice may not be included in an alternative school’s
785 school improvement rating.
786 (4) IDENTIFICATION OF STUDENT LEARNING GAINS.—For each
787 alternative school receiving a school improvement rating, the
788 Department of Education shall annually identify the percentage
789 of students making Learning Gains consistent with the provisions
790 in s. 1008.34(3) as compared to the percentage of the same
791 students making learning gains in their home schools in the year
792 prior to being assigned to the alternative school.
793 Section 8. Subsection (2) of section 1008.3415, Florida
794 Statutes, is amended to read:
795 1008.3415 School grade or school improvement rating for
796 exceptional student education centers.—
797 (2) Notwithstanding s. 1008.34 1008.34(3)(c)3., the
798 achievement levels scores and Learning Gains of a student with a
799 disability who attends an exceptional student education center
800 and has not been enrolled in or attended a public school other
801 than an exceptional student education center for grades K-12
802 within the school district shall not be included in the
803 calculation of the home school’s grade if the student is
804 identified as an emergent student on the alternate assessment
805 tool described in s. 1008.22(3)(c) 1008.22(3)(c)13.
806 Section 9. This act shall take effect July 1, 2014.