Florida Senate - 2016                                    SB 1068
       By Senator Legg
       17-01274B-16                                          20161068__
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1001.215,
    3         F.S.; revising the duties of the Just Read, Florida!
    4         Office; amending s. 1001.42, F.S.; revising
    5         requirements for school improvement plans and early
    6         warning systems; authorizing a school-based team to
    7         include a psychologist; amending s. 1002.20, F.S.;
    8         revising requirements for notifying a parent of a
    9         student with a substantial reading deficiency;
   10         amending s. 1002.59, F.S.; revising the emergent
   11         literacy and performance standards training course
   12         requirements; amending s. 1002.67, F.S.; requiring the
   13         Office of Early Learning, rather than the State Board
   14         of Education, to approve specific Voluntary
   15         Prekindergarten Education Program assessments and
   16         establish requirements for individuals administering
   17         the assessments; requiring certain prekindergarten
   18         students to receive specific reading instruction;
   19         amending s. 1002.69, F.S.; conforming provisions to
   20         changes made by the act; requiring data from the
   21         statewide kindergarten screening to be used to
   22         identify certain students; amending s. 1004.04, F.S.;
   23         revising core curricula requirements for certain
   24         teacher preparation programs to include certain
   25         reading instruction and interventions; amending s.
   26         1004.85, F.S.; requiring certain educator preparation
   27         institutes to provide evidence of specified reading
   28         instruction as a condition of program approval;
   29         amending s. 1008.25, F.S.; revising the priority of
   30         the remedial and supplemental instruction resources
   31         allocations; revising the required plans for certain
   32         students deficient in reading; revising criteria and
   33         requiring the State Board of Education to identify
   34         guidelines for determining whether certain students
   35         have a substantial deficiency in reading; revising the
   36         parental notification requirements for students with a
   37         substantial deficiency in reading; requiring a school
   38         to provide updates to parents of students who receive
   39         certain services; requiring the Department of
   40         Education to develop a handbook containing specific
   41         information for parents of students with a substantial
   42         reading deficiency; requiring schools to provide
   43         certain instruction and intervention to students who
   44         received a good cause exemption from retention;
   45         revising grounds for such good cause exemption;
   46         revising intervention requirements for certain
   47         retained students; revising requirements relating to
   48         the intensive interventions for retained students in
   49         certain grades; revising a school district’s duties;
   50         revising student progress evaluation requirements;
   51         amending s. 1008.345, F.S.; revising reporting
   52         requirements of the Commissioner of Education relating
   53         to the state system of school improvement and
   54         education accountability; amending s. 1011.67, F.S.;
   55         revising the contents of a comprehensive staff
   56         development plan required for each school district;
   57         requiring certain information to be included in a
   58         certification provided by each district school
   59         superintendent to the commissioner; creating s.
   60         1012.567, F.S.; requiring candidates for an educator
   61         certificate in certain areas to demonstrate competence
   62         in specified areas; requiring the State Board of
   63         Education to adopt by rule certain requirements;
   64         providing that a teacher certification from another
   65         state does not meet competency requirements; requiring
   66         the state board to identify teacher certification
   67         areas in which candidates must demonstrate competence;
   68         requiring certain teacher preparation courses to
   69         provide specific instruction in order to receive
   70         approval; providing requirements for an endorsement in
   71         reading instruction; providing for review of
   72         specialization and coverage area requirements for
   73         certain education area certifications by a specified
   74         date; providing for rulemaking; amending s. 1012.585,
   75         F.S.; revising requirements for renewal of
   76         professional teaching certificates; amending s.
   77         1012.586, F.S.; authorizing the department to
   78         recommend consolidation of endorsement areas and
   79         requirements for endorsements for teacher
   80         certificates; amending s. 1012.98, F.S.; revising
   81         duties and requirements for implementation of the
   82         School Community Professional Development Act;
   83         providing an effective date.
   85  Be It Enacted by the Legislature of the State of Florida:
   87         Section 1. Section 1001.215, Florida Statutes, is amended
   88  to read:
   89         1001.215 Just Read, Florida! Office.—There is created in
   90  the Department of Education the Just Read, Florida! Office. The
   91  office is shall be fully accountable to the Commissioner of
   92  Education and shall:
   93         (1) Train highly effective reading coaches.
   94         (2) Create multiple designations of effective reading
   95  instruction, with accompanying credentials, to enable which
   96  encourage all teachers to integrate reading instruction into
   97  their content areas.
   98         (3) Provide training to Train K-12 teachers, reading
   99  coaches, and school principals on effective content-area
  100  specific reading strategies; the integration of content-rich,
  101  nonfiction texts from other core subject areas into reading
  102  instruction; and explicit, systematic, and multisensory
  103  approaches to reading instruction that are proven to improve the
  104  reading performance of all students. For secondary teachers,
  105  emphasis shall be on technical text. These strategies must be
  106  developed for all content areas in the K-12 curriculum.
  107         (4) Provide parents with information and strategies for
  108  assisting their children in reading, including reading in the
  109  content areas area.
  110         (5) Provide technical assistance to school districts in the
  111  development and implementation of district plans for use of the
  112  research-based reading instruction allocation provided in s.
  113  1011.62(9) and annually review and approve such plans.
  114         (6) Review, evaluate, and provide technical assistance to
  115  school districts’ implementation of the K-12 comprehensive
  116  reading plan required in s. 1011.62(9).
  117         (7) Work with the Florida Center for Reading Research to
  118  identify effective research-based and evidence-based reading
  119  instructional and intervention provide information on research
  120  based reading programs and effective reading in the content area
  121  strategies. Reading intervention strategies are evidence-based
  122  strategies frequently used to remediate reading deficiencies and
  123  include individual instruction, tutoring, or mentoring that
  124  targets specific reading skills and abilities.
  125         (8) Periodically review the Next Generation Sunshine State
  126  Standards for English Language Arts to determine their
  127  appropriateness at each grade level reading at all grade levels.
  128         (9) Periodically review teacher certification requirements
  129  and examinations, including alternative certification
  130  requirements and examinations exams, to ascertain whether the
  131  examinations measure the skills needed for evidence-based
  132  research-based reading instruction and instructional strategies
  133  for teaching reading, including reading in the content areas.
  134         (10) Work with teacher preparation programs approved
  135  pursuant to ss. 1004.04 and 1004.85 s. 1004.04 to integrate
  136  effective research-based and evidence-based reading
  137  instructional and intervention strategies; and reading in the
  138  content area instructional strategies; and explicit, systematic,
  139  and multisensory reading instructional strategies into teacher
  140  preparation programs.
  141         (11) Post on its website a list of core reading materials
  142  and supplemental intervention reading materials for kindergarten
  143  through grade 5 that meet, at a minimum, all of the following
  144  criteria:
  145         (a) Use of an explicit, systematic, sequential, and
  146  multisensory approach to teaching phonemic awareness, phonics,
  147  vocabulary, fluency, and text comprehension.
  148         (b) Incorporation of cooperative learning strategies.
  149         (c) Incorporation of one-to-one or small group
  150  instructional strategies.
  151         (d) Incorporation of decodable or phonetic text
  152  instructional strategies.
  153         (e) Provision of teacher training on well-specified
  154  teaching methods and instructional processes designed to
  155  implement the materials.
  156         (12)(11) Administer grants and perform other functions as
  157  necessary to help meet the goal that all students read at their
  158  highest potential grade level.
  159         Section 2. Paragraphs (a) and (b) of subsection (18) of
  160  section 1001.42, Florida Statutes, are amended to read:
  161         1001.42 Powers and duties of district school board.—The
  162  district school board, acting as a board, shall exercise all
  163  powers and perform all duties listed below:
  165  Maintain a system of school improvement and education
  166  accountability as provided by statute and State Board of
  167  Education rule. This system of school improvement and education
  168  accountability shall be consistent with, and implemented
  169  through, the district’s continuing system of planning and
  170  budgeting required by this section and ss. 1008.385, 1010.01,
  171  and 1011.01. This system of school improvement and education
  172  accountability shall comply with the provisions of ss. 1008.33,
  173  1008.34, 1008.345, and 1008.385 and include the following:
  174         (a) School improvement plans.—
  175         1. The district school board shall annually approve and
  176  require implementation of a new, amended, or continuation school
  177  improvement plan for each school in the district. If a school
  178  has a significant gap in achievement on statewide, standardized
  179  assessments administered pursuant to s. 1008.22 by one or more
  180  student subgroups, as defined in the federal Elementary and
  181  Secondary Education Act (ESEA), 20 U.S.C. s.
  182  6311(b)(2)(C)(v)(II); has not significantly increased the
  183  percentage of students passing statewide, standardized
  184  assessments; has not significantly increased the percentage of
  185  students demonstrating Learning Gains, as defined in s. 1008.34
  186  and as calculated under s. 1008.34(3)(b), who passed statewide,
  187  standardized assessments; or has significantly lower graduation
  188  rates for a subgroup when compared to the state’s graduation
  189  rate, that school’s improvement plan shall include strategies
  190  for improving these results. The state board shall adopt rules
  191  establishing thresholds and for determining compliance with this
  192  subparagraph.
  193         2. A school that serves any students in kindergarten
  194  through grade includes any of grades 6, 7, or 8 shall include
  195  annually in its school improvement plan information and data on
  196  the school’s early warning system required under paragraph (b),
  197  including a list of the early warning indicators used in the
  198  system, the number of students identified by the system as
  199  exhibiting two or more early warning indicators, the number of
  200  students by grade level that exhibit each early warning
  201  indicator, and a description of all intervention strategies
  202  employed by the school to improve the academic performance of
  203  students identified by the early warning system. The plan must
  204  also In addition, a school that includes any of grades 6, 7, or
  205  8 shall describe in its school improvement plan the strategies
  206  used by the school to implement and evaluate the instructional
  207  practices for middle grades emphasized by the district’s
  208  professional development system pursuant to s. 1012.98(4)(b)9.
  209  and 10.
  210         (b) Early warning system.—
  211         1. A school that serves any students in kindergarten
  212  through grade includes any of grades 6, 7, or 8 shall implement
  213  an early warning system to identify students in these grades 6,
  214  7, and 8 who need additional support to improve academic
  215  performance and stay engaged in school. The early warning system
  216  must include the following early warning indicators:
  217         a. Attendance below 90 percent, regardless of whether
  218  absence is excused or a result of out-of-school suspension.
  219         b. One or more suspensions, whether in school or out of
  220  school.
  221         c. Course failure in English Language Arts or mathematics
  222  during any grading period.
  223         d. A Level 1 score on the statewide, standardized
  224  assessments in English Language Arts or mathematics or, for
  225  students in kindergarten through grade 3, a substantial reading
  226  deficiency as provided in s. 1008.25(5)(a).
  228  A school district may identify additional early warning
  229  indicators for use in a school’s early warning system.
  230         2. A school-based team responsible for implementing the
  231  requirements of this paragraph shall monitor the data from the
  232  early warning system in subparagraph (a)2. The team may include
  233  a school psychologist. When a student exhibits two or more early
  234  warning indicators, the team shall school’s child study team
  235  under s. 1003.02 or a school-based team formed for the purpose
  236  of implementing the requirements of this paragraph shall convene
  237  to determine, in consultation with the student’s parent,
  238  appropriate intervention strategies for the student unless the
  239  student is already being served by an intervention program at
  240  the direction of a school-based, multidisciplinary team. Data
  241  and information relating to a student’s early warning indicators
  242  must be used to inform any intervention strategies provided to
  243  the student The school shall provide at least 10 days’ written
  244  notice of the meeting to the student’s parent, indicating the
  245  meeting’s purpose, time, and location, and provide the parent
  246  the opportunity to participate.
  247         Section 3. Subsection (11) of section 1002.20, Florida
  248  Statutes, is amended to read:
  249         1002.20 K-12 student and parent rights.—Parents of public
  250  school students must receive accurate and timely information
  251  regarding their child’s academic progress and must be informed
  252  of ways they can help their child to succeed in school. K-12
  253  students and their parents are afforded numerous statutory
  254  rights including, but not limited to, the following:
  255         (11) STUDENTS WITH READING DEFICIENCIES.—The parent of any
  256  K-3 student who exhibits a substantial reading deficiency shall
  257  be immediately notified of the student’s deficiency pursuant to
  258  s. 1008.25(5) and with a description and explanation, in terms
  259  understandable to the parent, of the exact nature of the
  260  student’s difficulty in learning and lack of achievement in
  261  reading; shall be consulted in the development of a plan, as
  262  described in s. 1008.25(4)(b); and shall be informed that the
  263  student will be given intensive reading instruction until the
  264  deficiency is corrected. This subsection operates in addition to
  265  the remediation and notification provisions contained in s.
  266  1008.25 and in no way reduces the rights of a parent or the
  267  responsibilities of a school district under that section.
  268         Section 4. Subsection (1) of section 1002.59, Florida
  269  Statutes, is amended to read:
  270         1002.59 Emergent literacy and performance standards
  271  training courses.—
  272         (1) The office shall adopt minimum standards for one or
  273  more training courses in emergent literacy for prekindergarten
  274  instructors. Each course must comprise 5 clock hours and provide
  275  instruction in explicit, systematic, and multisensory
  276  instruction strategies and techniques to address the age
  277  appropriate progress of prekindergarten students in developing
  278  emergent literacy skills, including oral communication,
  279  knowledge of print and letters, phonemic and phonological
  280  awareness, and vocabulary and comprehension development. Each
  281  course must address early identification of and intervention for
  282  students experiencing difficulties with emergent literacy skills
  283  and also provide resources containing strategies that allow
  284  students with disabilities and other special needs to derive
  285  maximum benefit from the Voluntary Prekindergarten Education
  286  Program. Successful completion of an emergent literacy training
  287  course approved under this section satisfies requirements for
  288  approved training in early literacy and language development
  289  under ss. 402.305(2)(d)5., 402.313(6), and 402.3131(5).
  290         Section 5. Paragraphs (a) and (c) of subsection (3) of
  291  section 1002.67, Florida Statutes, are amended, and paragraph
  292  (d) is added to that subsection, to read:
  293         1002.67 Performance standards; curricula and
  294  accountability.—
  295         (3)(a) Contingent upon legislative appropriation, each
  296  private prekindergarten provider and public school in the
  297  Voluntary Prekindergarten Education Program must implement an
  298  evidence-based pre- and post-assessment that has been approved
  299  by the office rule of the State Board of Education.
  300         (c) The pre- and post-assessment must be administered by
  301  individuals meeting requirements established by the office rule
  302  of the State Board of Education.
  303         (d) Students who exhibit a deficiency in emergent literacy
  304  skills, including oral communication, knowledge of print and
  305  letters, phonemic and phonological awareness, and vocabulary and
  306  comprehension development, must be provided intensive, explicit,
  307  and systematic instruction.
  308         Section 6. Subsections (1) and (2) of section 1002.69,
  309  Florida Statutes, are amended to read:
  310         1002.69 Statewide kindergarten screening; kindergarten
  311  readiness rates; state-approved prekindergarten enrollment
  312  screening; good cause exemption.—
  313         (1) The department shall adopt a statewide kindergarten
  314  screening that assesses the readiness of each student for
  315  kindergarten based upon the performance standards adopted by the
  316  office department under s. 1002.67(1) for the Voluntary
  317  Prekindergarten Education Program. The department shall require
  318  that each school district administer the statewide kindergarten
  319  screening to each kindergarten student in the school district
  320  within the first 30 school days of each school year. Nonpublic
  321  schools may administer the statewide kindergarten screening to
  322  each kindergarten student in a nonpublic school who was enrolled
  323  in the Voluntary Prekindergarten Education Program.
  324         (2) The statewide kindergarten screening shall provide
  325  objective data concerning each student’s readiness for
  326  kindergarten and progress in attaining the performance standards
  327  adopted by the office under s. 1002.67(1). Data from the
  328  screening, along with other available data, must be used to
  329  identify students in need of intervention and support pursuant
  330  to s. 1008.25(5).
  331         Section 7. Paragraphs (b) and (c) of subsection (2) of
  332  section 1004.04, Florida Statutes, are amended to read:
  333         1004.04 Public accountability and state approval for
  334  teacher preparation programs.—
  336         (b) The rules to establish uniform core curricula for each
  337  state-approved teacher preparation program must include, but are
  338  not limited to, the following:
  339         1. The Florida Educator Accomplished Practices.
  340         2. The state-adopted content standards.
  341         3. Scientifically researched reading instruction, including
  342  explicit, systematic, and multisensory approaches to reading
  343  instruction and intervention that are proven to improve reading
  344  performance for all students.
  345         4. Content literacy and mathematics practices.
  346         5. Strategies appropriate for the instruction of English
  347  language learners.
  348         6. Strategies appropriate for the instruction of students
  349  with disabilities.
  350         7. School safety.
  351         (c) Each candidate must receive instruction and be assessed
  352  on the uniform core curricula in the candidate’s area or areas
  353  of program concentration, including reading instruction under s.
  354  1012.567, as applicable, during course work and field
  355  experiences.
  356         Section 8. Paragraphs (a) and (b) of subsection (3) of
  357  section 1004.85, Florida Statutes, are amended to read:
  358         1004.85 Postsecondary educator preparation institutes.—
  359         (3) Educator preparation institutes approved pursuant to
  360  this section may offer competency-based certification programs
  361  specifically designed for noneducation major baccalaureate
  362  degree holders to enable program participants to meet the
  363  educator certification requirements of s. 1012.56. An educator
  364  preparation institute choosing to offer a competency-based
  365  certification program pursuant to the provisions of this section
  366  must implement a program previously approved by the Department
  367  of Education for this purpose or a program developed by the
  368  institute and approved by the department for this purpose.
  369  Approved programs shall be available for use by other approved
  370  educator preparation institutes.
  371         (a) Within 90 days after receipt of a request for approval,
  372  the Department of Education shall approve a preparation program
  373  pursuant to the requirements of this subsection or issue a
  374  statement of the deficiencies in the request for approval. The
  375  department shall approve a certification program if the
  376  institute provides evidence of the institute’s capacity to
  377  implement a competency-based program that includes each of the
  378  following:
  379         1.a. Participant instruction and assessment in the Florida
  380  Educator Accomplished Practices.
  381         b. The state-adopted student content standards.
  382         c. Scientifically researched reading instruction, including
  383  explicit, systematic, and multisensory approaches to reading
  384  instruction and intervention that are proven to improve reading
  385  performance for all students.
  386         d. Content literacy and mathematical practices.
  387         e. Strategies appropriate for instruction of English
  388  language learners.
  389         f. Strategies appropriate for instruction of students with
  390  disabilities.
  391         g. School safety.
  392         2. An educational plan for each participant to meet
  393  certification requirements and demonstrate his or her ability to
  394  teach the subject area for which the participant is seeking
  395  certification, which is based on an assessment of his or her
  396  competency in the areas listed in subparagraph 1.
  397         3. Field experiences appropriate to the certification
  398  subject area specified in the educational plan with a diverse
  399  population of students in a variety of settings under the
  400  supervision of qualified educators.
  401         4. A certification ombudsman to facilitate the process and
  402  procedures required for participants who complete the program to
  403  meet any requirements related to the background screening
  404  pursuant to s. 1012.32 and educator professional or temporary
  405  certification pursuant to s. 1012.56.
  406         (b) Each program participant must:
  407         1. Meet certification requirements pursuant to s.
  408  1012.56(1) by obtaining a statement of status of eligibility in
  409  the certification subject area of the educational plan and meet
  410  the requirements of s. 1012.56(2)(a)-(f).
  411         2. Participate in coursework and field experiences that are
  412  appropriate to his or her educational plan prepared under
  413  paragraph (a), including reading instruction under s. 1012.567,
  414  as applicable.
  415         3. Before completion of the program, fully demonstrate his
  416  or her ability to teach the subject area for which he or she is
  417  seeking certification by documenting a positive impact on
  418  student learning growth in a prekindergarten through grade 12
  419  setting and achieving a passing score on the professional
  420  education competency examination, the basic skills examination,
  421  and the subject area examination for the subject area
  422  certification which is required by state board rule.
  423         Section 9. Subsection (3), paragraph (b) of subsection (4),
  424  and paragraphs (a) and (c) of subsection (5) of section 1008.25,
  425  Florida Statutes, are amended, paragraph (d) is added to
  426  subsection (5) of that section, and paragraph (b) of subsection
  427  (6), subsection (7), and paragraph (a) of subsection (8) of that
  428  section are amended, to read:
  429         1008.25 Public school student progression; student support;
  430  reporting requirements.—
  431         (3) ALLOCATION OF RESOURCES.—District school boards shall
  432  allocate remedial and supplemental instruction resources to
  433  students in the following priority:
  434         (a) Students in kindergarten through grade 3 who have a
  435  substantial deficiency are deficient in reading as determined in
  436  paragraph (5)(a) by the end of grade 3.
  437         (b) Students who fail to meet performance levels required
  438  for promotion consistent with the district school board’s plan
  439  for student progression required in subsection (2) paragraph
  440  (2)(b).
  441         (4) ASSESSMENT AND SUPPORT.—
  442         (b) A student who has a substantial reading deficiency as
  443  determined in paragraph (5)(a) or is not meeting the school
  444  district or state requirements for satisfactory performance in
  445  English Language Arts and mathematics must be covered by one of
  446  the following plans:
  447         1. a federally required student plan, such as an individual
  448  education plan,;
  449         2. A schoolwide system of progress monitoring for all
  450  students, except a student who scores Level 4 or above on the
  451  English Language Arts and mathematics assessments may be
  452  exempted from participation by the principal; or
  453         3. an individualized progress monitoring plan, or both, as
  454  necessary.
  456         (a) Any student in kindergarten through grade 3 who
  457  exhibits a substantial deficiency in reading, based upon
  458  screening, diagnostic, progress monitoring, or assessment data;
  459  locally determined or statewide assessments; conducted in
  460  kindergarten or grade 1, grade 2, or grade 3, or through teacher
  461  observations, must be provided given intensive, explicit,
  462  systematic, and multisensory reading interventions instruction
  463  immediately following the identification of the reading
  464  deficiency. A school may not wait for a student to receive a
  465  failing grade at the end of a grading period to identify the
  466  student as having a substantial reading deficiency and initiate
  467  intensive reading interventions. The student’s reading
  468  proficiency must be monitored and the intensive interventions
  469  instruction must continue until the student demonstrates grade
  470  level proficiency in a manner determined by the district, which
  471  may include achieving a Level 3 on the statewide, standardized
  472  English Language Arts assessment. The State Board of Education
  473  shall identify by rule guidelines for determining whether a
  474  student in kindergarten through grade 3 has a substantial
  475  deficiency in reading.
  476         (c) The parent of any student who exhibits a substantial
  477  deficiency in reading, as described in paragraph (a), must be
  478  notified in writing of the following:
  479         1. That his or her child has been identified as having a
  480  substantial deficiency in reading, including a description and
  481  an explanation, in terms understandable to the parent, of the
  482  exact nature of the student’s difficulty in learning and lack of
  483  achievement in reading.
  484         2. A description of the current services that are provided
  485  to the child.
  486         3. A description of the proposed intensive interventions
  487  supplemental instructional services and supports that will be
  488  provided to the child that are designed to remediate the
  489  identified area of reading deficiency.
  490         4. That if the child’s reading deficiency is not remediated
  491  by the end of grade 3, the child must be retained unless he or
  492  she is exempt from mandatory retention for good cause.
  493         5. Opportunities to observe effective instruction and
  494  intervention strategies in the classroom; receive literacy
  495  instruction from the school or through community adult literacy
  496  initiatives; and receive strategies, including multisensory
  497  strategies, through a read-at-home plan that the parent can for
  498  parents to use in helping his or her their child succeed in
  499  reading proficiency.
  500         6. That the statewide, standardized English Language Arts
  501  assessment is not the sole determiner of promotion and that
  502  additional evaluations, portfolio reviews, and assessments are
  503  available to the child to assist parents and the school district
  504  in knowing when a child is reading at or above grade level and
  505  ready for grade promotion.
  506         7. The district’s specific criteria and policies for a
  507  portfolio as provided in subparagraph (6)(b)4. and the evidence
  508  required for a student to demonstrate mastery of Florida’s
  509  academic standards for English Language Arts. A parent of a
  510  student in grade 3 who is identified anytime during the year as
  511  being at risk of retention may request that the school
  512  immediately begin collecting evidence for a portfolio.
  513         8. The district’s specific criteria and policies for
  514  midyear promotion. Midyear promotion means promotion of a
  515  retained student at any time during the year of retention once
  516  the student has demonstrated ability to read at grade level.
  518  After initial notification, the school shall apprise the parent
  519  of the student’s progress in response to the intensive
  520  interventions and supports at least once every 2 weeks. These
  521  communications must be in writing and must explain any
  522  additional interventions or supports that will be used to
  523  accelerate the student’s progress if the interventions and
  524  supports already being implemented have not resulted in
  525  improvement.
  526         (d) The Department of Education shall develop a handbook
  527  that schools must provide to the parent of a student who is
  528  identified as having a substantial reading deficiency. The
  529  handbook must be made available in an electronic format that is
  530  accessible online and must include the following information:
  531         1. An overview of the requirements for interventions and
  532  supports that districts must provide to students who do not make
  533  adequate academic progress.
  534         2. An overview of the procedural requirements for
  535  initiating and conducting evaluations for exceptional education
  536  eligibility. The overview must include an explanation that a
  537  diagnosis of a medical condition alone is not sufficient to
  538  establish exceptional education eligibility but may be used to
  539  document how that condition relates to the student’s eligibility
  540  determination and may be disclosed in an eligible student’s
  541  individual education plan (IEP) when necessary to inform school
  542  personnel responsible for implementing the IEP.
  543         3. Characteristics of conditions associated with learning
  544  disorders, including dyslexia, dysgraphia, dyscalculia, and
  545  developmental aphasia.
  546         4. A list of resources that support informed parent
  547  involvement in decisionmaking processes for students who have
  548  difficulty with learning.
  550         (b) The district school board may only exempt students from
  551  mandatory retention, as provided in paragraph (5)(b), for good
  552  cause. A student who is promoted to grade 4 with a good cause
  553  exemption shall be provided intensive reading instruction and
  554  intervention that include specialized diagnostic information and
  555  specific reading strategies to meet the needs of each student so
  556  promoted. The school district shall assist schools and teachers
  557  with the implementation of explicit, systematic, and
  558  multisensory reading instruction and intervention strategies for
  559  students promoted with a good cause exemption which research has
  560  shown to be successful in improving reading among students who
  561  have reading difficulties. Good cause exemptions are limited to
  562  the following:
  563         1. Limited English proficient students who have had less
  564  than 2 years of instruction in an English for Speakers of Other
  565  Languages program based on the initial date of entry into a
  566  school in the United States.
  567         2. Students with disabilities whose individual education
  568  plan indicates that participation in the statewide assessment
  569  program is not appropriate, consistent with the requirements of
  570  s. 1008.212.
  571         3. Students who demonstrate an acceptable level of
  572  performance on an alternative standardized reading or English
  573  Language Arts assessment approved by the State Board of
  574  Education.
  575         4. A student who demonstrates through a student portfolio
  576  that he or she is performing at least at Level 2 on the
  577  statewide, standardized English Language Arts assessment.
  578         5. Students with disabilities who take the statewide,
  579  standardized English Language Arts assessment and who have an
  580  individual education plan or a Section 504 plan that reflects
  581  that the student has received intensive instruction in reading
  582  or English Language Arts for more than 2 years but still
  583  demonstrates a deficiency and was previously retained in
  584  kindergarten, grade 1, grade 2, or grade 3.
  585         6. Students who have received intensive reading
  586  intervention for 2 or more years but still demonstrate a
  587  deficiency in reading and who were previously retained in
  588  kindergarten, grade 1, grade 2, or grade 3 for a total of 2
  589  years. A student may not be retained more than once in grade 3.
  590         7. Students who have received intensive remediation in
  591  reading or English Language Arts for 2 or more years but still
  592  demonstrate a deficiency and who were previously retained in
  593  kindergarten, grade 1, grade 2, or grade 3 for a total of 2
  594  years. Intensive instruction for students so promoted must
  595  include an altered instructional day that includes specialized
  596  diagnostic information and specific reading strategies for each
  597  student. The district school board shall assist schools and
  598  teachers to implement reading strategies that research has shown
  599  to be successful in improving reading among low-performing
  600  readers.
  602  STUDENTS.—
  603         (a) Students retained under the provisions of paragraph
  604  (5)(b) must be provided intensive interventions in reading to
  605  ameliorate the student’s specific reading deficiency and prepare
  606  the student for promotion to the next grade. These
  607  interventions, as identified by a valid and reliable diagnostic
  608  assessment. This intensive intervention must include:
  609         1. Evidence-based, explicit, systematic, and multisensory
  610  reading instruction in phonemic awareness, phonics, fluency,
  611  vocabulary, and comprehension and other strategies prescribed by
  612  the school district. effective instructional strategies,
  613         2. Participation in the school district’s summer reading
  614  camp, which must incorporate the instructional and intervention
  615  strategies under subparagraph 1, and appropriate teaching
  616  methodologies necessary to assist those students in becoming
  617  successful readers, able to read at or above grade level, and
  618  ready for promotion to the next grade.
  619         3. A minimum of 90 minutes of daily, uninterrupted reading
  620  instruction incorporating the instructional and intervention
  621  strategies under subparagraph 1. This instruction may include:
  622         (b) Each school district shall:
  623         1. Provide third grade students who are retained under the
  624  provisions of paragraph (5)(b) with intensive instructional
  625  services and supports to remediate the identified areas of
  626  reading deficiency, including participation in the school
  627  district’s summer reading camp as required under paragraph (a)
  628  and a minimum of 90 minutes of daily, uninterrupted,
  629  scientifically research-based reading instruction which includes
  630  phonemic awareness, phonics, fluency, vocabulary, and
  631  comprehension and other strategies prescribed by the school
  632  district, which may include, but are not limited to:
  633         a. Integration of content-rich, nonfiction texts in science
  634  and social studies content within the 90-minute block.
  635         b. Small group instruction.
  636         c. Reduced teacher-student ratios.
  637         d. More frequent progress monitoring.
  638         e. Tutoring or mentoring.
  639         f. Transition classes containing 3rd and 4th grade
  640  students.
  641         g. Extended school day, week, or year.
  642         (b) Each school district shall:
  643         1.2. Provide written notification to the parent of a
  644  student who is retained under the provisions of paragraph (5)(b)
  645  that his or her child has not met the proficiency level required
  646  for promotion and the reasons the child is not eligible for a
  647  good cause exemption as provided in paragraph (6)(b). The
  648  notification must comply with paragraph (5)(c) the provisions of
  649  s. 1002.20(15) and must include a description of proposed
  650  interventions and supports that will be provided to the child to
  651  remediate the identified areas of reading deficiency.
  652         2.3. Implement a policy for the midyear promotion of a
  653  student retained under the provisions of paragraph (5)(b) who
  654  can demonstrate that he or she is a successful and independent
  655  reader and performing at or above grade level in reading or,
  656  upon implementation of English Language Arts assessments,
  657  performing at or above grade level in English Language Arts.
  658  Tools that school districts may use in reevaluating a student
  659  retained may include subsequent assessments, alternative
  660  assessments, and portfolio reviews, in accordance with rules of
  661  the State Board of Education. Students promoted during the
  662  school year after November 1 must demonstrate proficiency levels
  663  in reading equivalent to the level necessary for the beginning
  664  of grade 4. The rules adopted by the State Board of Education
  665  must include standards that provide a reasonable expectation
  666  that the student’s progress is sufficient to master appropriate
  667  grade 4 level reading skills.
  668         3.4. Provide students who are retained under the provisions
  669  of paragraph (5)(b) with a highly effective teacher as
  670  determined by the teacher’s performance evaluation under s.
  671  1012.34, and, beginning July 1, 2018, the teacher must also be
  672  certified or endorsed in reading.
  673         4.5. Establish at each school, when applicable, an
  674  intensive reading acceleration course Class for any student
  675  retained in grade 3 who was previously retained in kindergarten,
  676  grade 1, or grade 2 students who subsequently score Level 1 on
  677  the required statewide, standardized assessment identified in s.
  678  1008.22. The focus of the Intensive Acceleration Class shall be
  679  to increase a child’s reading and English Language Arts skill
  680  level at least two grade levels in 1 school year. The intensive
  681  reading acceleration course must provide the following Class
  682  shall:
  683         a. Uninterrupted reading instruction for the majority of
  684  student contact time each day and opportunities to master the
  685  grade 4 Next Generation Sunshine State Standards in other core
  686  subject areas through content-rich, nonfiction texts.
  687         b. Small group instruction.
  688         c. Reduced teacher-student ratios.
  689         d. The use of explicit, systematic, and multisensory
  690  reading interventions, including intensive language and
  691  vocabulary instruction and use of a speech-language therapist if
  692  necessary, that have proven results in accelerating student
  693  reading achievement within the same school year.
  694         e. A read-at-home plan.
  695         a. Be provided to a student in grade 3 who scores Level 1
  696  on the statewide, standardized English Language Arts assessment
  697  and who was retained in grade 3 the prior year because of
  698  scoring Level 1.
  699         b. Have a reduced teacher-student ratio.
  700         c. Provide uninterrupted reading instruction for the
  701  majority of student contact time each day and incorporate
  702  opportunities to master the grade 4 Next Generation Sunshine
  703  State Standards in other core subject areas.
  704         d. Use a reading program that is scientifically research
  705  based and has proven results in accelerating student reading
  706  achievement within the same school year.
  707         e. Provide intensive language and vocabulary instruction
  708  using a scientifically research-based program, including use of
  709  a speech-language therapist.
  710         (8) ANNUAL REPORT.—
  711         (a) In addition to the requirements in paragraph (5)(b),
  712  each district school board must annually report to the parent of
  713  each student the progress of the student toward achieving state
  714  and district expectations for proficiency in English Language
  715  Arts, science, social studies, and mathematics. The district
  716  school board must report to the parent the student’s results on
  717  each statewide, standardized assessment. The evaluation of each
  718  student’s progress must be based upon the student’s classroom
  719  work, observations, tests, district and state assessments,
  720  response to intensive interventions provided under paragraph
  721  (5)(a), and other relevant information. Progress reporting must
  722  be provided to the parent in writing in a format adopted by the
  723  district school board.
  724         Section 10. Subsection (5) of section 1008.345, Florida
  725  Statutes, is amended to read:
  726         1008.345 Implementation of state system of school
  727  improvement and education accountability.—
  728         (5) The commissioner shall annually report to the State
  729  Board of Education and the Legislature and recommend changes in
  730  state policy necessary to foster school improvement and
  731  education accountability. The report shall include:
  732         (a) For each school district:
  733         1. The percentage of students, by school and grade level,
  734  demonstrating learning growth in English Language Arts and
  735  mathematics.
  736         2. The percentage of students, by school and grade level,
  737  in both the highest and lowest quartiles demonstrating learning
  738  growth in English Language Arts and mathematics.
  739         3. The information contained in the school district’s
  740  annual report required under s. 1008.25(8).
  741         (b) Intervention and support strategies used by school
  742  districts boards whose students in both the highest and lowest
  743  quartiles exceed the statewide average learning growth for
  744  students in those quartiles.
  745         (c) Intervention and support strategies used by school
  746  districts boards whose schools provide educational services to
  747  youth in Department of Juvenile Justice programs that
  748  demonstrate learning growth in English Language Arts and
  749  mathematics that exceeds the statewide average learning growth
  750  for students in those subjects.
  751         (d) Based upon a review of each school district’s reading
  752  plan submitted pursuant to s. 1011.62(9), intervention and
  753  support strategies used by school districts that were effective
  754  in improving the reading performance of students, as indicated
  755  by student performance data, who are identified as having a
  756  substantial reading deficiency pursuant to s. 1008.25(5)(a).
  758  School reports shall be distributed pursuant to this subsection
  759  and s. 1001.42(18)(c) and according to rules adopted by the
  760  State Board of Education.
  761         Section 11. Subsection (2) of section 1011.67, Florida
  762  Statutes, is amended to read:
  763         1011.67 Funds for instructional materials.—
  764         (2)(a) Annually by July 1 and before prior to the release
  765  of instructional materials funds, each district school
  766  superintendent shall certify to the Commissioner of Education
  767  that the district school board has approved a comprehensive
  768  staff development plan that supports fidelity of implementation
  769  of instructional materials programs, including. The report shall
  770  include verification that training was provided; and that the
  771  materials are being implemented as designed; and, beginning
  772  April 1, 2019, for core reading materials and supplemental
  773  intervention reading materials used in kindergarten through
  774  grade 5, that the materials have been identified by the Just
  775  Read, Florida! Office as meeting the requirements of s.
  776  1001.215(11). This paragraph does not preclude school districts
  777  from purchasing or using other materials to supplement reading
  778  instruction and provide additional skills practice.
  779         (b) Each district school superintendent shall, as part of
  780  the certification under paragraph (a), report the number and
  781  percentage of the district’s K-5 instructional personnel who
  782  have received training to implement the core and supplemental
  783  intervention reading materials. The district school
  784  superintendent shall also report the process and timeline by
  785  which the remaining K-5 personnel will be provided the training,
  786  including those newly hired by the district.
  787         Section 12. Section 1012.567, Florida Statutes, is created
  788  to read:
  789         1012.567 Certification and endorsement of elementary
  790  reading instructors.—
  791         (1) CERTIFICATION.—
  792         (a) Beginning January 1, 2018, a candidate for an educator
  793  certificate in an area involving reading instruction or
  794  intervention for any students in kindergarten through grade 6
  795  must, as part of the certification process, demonstrate
  796  competence in the following:
  797         1. Identifying characteristics of conditions such as
  798  dyslexia and other causes of diminished phonological processing
  799  skills.
  800         2. Using explicit, systematic, and multisensory approaches
  801  to reading instruction and intervention that are proven to
  802  improve reading performance for all students.
  803         3. Using predictive and other data to make instructional
  804  decisions based on individual student needs.
  806  The State Board of Education shall adopt by rule the minimum
  807  requirements for instruction provided by teacher preparation
  808  programs and school districts for this purpose.
  809         (b) Documentation of a valid professional standard teaching
  810  certificate issued by another state is not sufficient to meet
  811  the requirements of paragraph (a). The State Board of Education
  812  shall establish a procedure by which a candidate who holds a
  813  certificate issued by another state may demonstrate competence
  814  as required in paragraph (a).
  815         (c) The State Board of Education shall identify by rule
  816  certification areas in which candidates must demonstrate
  817  competence as provided in paragraph (a) as part of the
  818  certification process.
  819         (d) To receive initial or continued approval, a teacher
  820  preparation program under s. 1004.04 or s. 1004.85 must provide
  821  instruction in the skills and strategies listed in paragraph (a)
  822  to candidates for certificates in the areas identified by the
  823  state board pursuant to paragraph (c).
  824         (2) ENDORSEMENT.—Beginning January 1, 2018, the
  825  specialization requirements for an endorsement in reading
  826  instruction must include at least 3 semester hours of
  827  instruction in explicit, systematic, and multisensory approaches
  828  to reading instruction and intervention that are proven to
  829  improve reading performance for all students. This instruction
  830  may be incorporated into semester hour requirements established
  831  in State Board of Education rule.
  832         (3) REVIEW.—By July 1, 2017, and at least once every 5
  833  years thereafter, the department shall conduct a review of
  834  specialization and coverage area requirements in the elementary,
  835  reading, and exceptional student educational areas. At the
  836  conclusion of each review, the department shall recommend to the
  837  State Board of Education changes to the specialization and
  838  coverage area requirements based upon any identified
  839  instructional or intervention strategy proven to improve student
  840  reading performance.
  841         (4) STATE BOARD RULES.—The State Board of Education shall
  842  adopt rules pursuant to ss. 120.536 and 120.54 as necessary to
  843  implement this section.
  844         Section 13. Paragraph (a) of subsection (3) of section
  845  1012.585, Florida Statutes, is amended, and paragraph (f) is
  846  added to that subsection, to read:
  847         1012.585 Process for renewal of professional certificates.—
  848         (3) For the renewal of a professional certificate, the
  849  following requirements must be met:
  850         (a) The applicant must earn a minimum of 6 college credits
  851  or 120 inservice points or a combination thereof. For each area
  852  of specialization to be retained on a certificate, the applicant
  853  must earn at least 3 of the required credit hours or equivalent
  854  inservice points in the specialization area. Education in
  855  “clinical educator” training pursuant to s. 1004.04(5)(b) and
  856  credits or points that provide training in the area of
  857  scientifically researched, knowledge-based reading literacy,
  858  including explicit, systematic, and multisensory approaches to
  859  reading instruction and intervention; and computational skills
  860  acquisition;, exceptional student education;, normal child
  861  development;, and the disorders of development may be applied
  862  toward any specialization area. Credits or points that provide
  863  training in the areas of drug abuse, child abuse and neglect,
  864  strategies in teaching students having limited proficiency in
  865  English, or dropout prevention, or training in areas identified
  866  in the educational goals and performance standards adopted
  867  pursuant to ss. 1000.03(5) and 1008.345 may be applied toward
  868  any specialization area, except specialization areas identified
  869  by State Board of Education rule as involving reading
  870  instruction or intervention for any students in kindergarten
  871  through grade 6 under s. 1012.567(1)(c). Credits or points
  872  earned through approved summer institutes may be applied toward
  873  the fulfillment of these requirements. Inservice points may also
  874  be earned by participation in professional growth components
  875  approved by the State Board of Education and specified pursuant
  876  to s. 1012.98 in the district’s approved master plan for
  877  inservice educational training; however, such points may not be
  878  used to satisfy the specialization requirements of this
  879  paragraph, including, but not limited to, serving as a trainer
  880  in an approved teacher training activity, serving on an
  881  instructional materials committee or a state board or commission
  882  that deals with educational issues, or serving on an advisory
  883  council created pursuant to s. 1001.452.
  884         (f) Beginning January 1, 2018, an applicant for renewal of
  885  a professional certificate in any area of certification
  886  identified by State Board of Education rule pursuant to s.
  887  1012.567(1)(c) must earn a minimum of two college credits or the
  888  equivalent inservice points in the use of explicit, systematic,
  889  and multisensory approaches to reading instruction and
  890  intervention. Such training must be provided by teacher
  891  preparation programs under s. 1004.04 or s. 1004.85 or approved
  892  school district professional development systems under s.
  893  1012.98. The requirements in this paragraph may not add to the
  894  total hours required by the department for continuing education
  895  or inservice training.
  896         Section 14. Subsection (1) of section 1012.586, Florida
  897  Statutes, is amended to read:
  898         1012.586 Additions or changes to certificates; duplicate
  899  certificates.—A school district may process via a Department of
  900  Education website certificates for the following applications of
  901  public school employees:
  902         (1) Addition of a subject coverage or endorsement to a
  903  valid Florida certificate on the basis of the completion of the
  904  appropriate subject area testing requirements of s.
  905  1012.56(5)(a) or the completion of the requirements of an
  906  approved school district program or the inservice components for
  907  an endorsement. To reduce duplication, the department may
  908  recommend the consolidation of endorsement areas and
  909  requirements to the State Board of Education.
  911  The employing school district shall charge the employee a fee
  912  not to exceed the amount charged by the Department of Education
  913  for such services. Each district school board shall retain a
  914  portion of the fee as defined in the rules of the State Board of
  915  Education. The portion sent to the department shall be used for
  916  maintenance of the technology system, the web application, and
  917  posting and mailing of the certificate.
  918         Section 15. Paragraph (e) is added to subsection (3) of
  919  section 1012.98, Florida Statutes, and paragraph (b) of
  920  subsection (4) of that section is amended, to read:
  921         1012.98 School Community Professional Development Act.—
  922         (3) The activities designed to implement this section must:
  923         (e) Provide all elementary grades instructional personnel
  924  without a reading endorsement with training sufficient to earn
  925  the endorsement before attainment or renewal of a professional
  926  certificate pursuant to s. 1012.56 or s. 1012.585.
  927         (4) The Department of Education, school districts, schools,
  928  Florida College System institutions, and state universities
  929  share the responsibilities described in this section. These
  930  responsibilities include the following:
  931         (b) Each school district shall develop a professional
  932  development system as specified in subsection (3). The system
  933  shall be developed in consultation with teachers, teacher
  934  educators of Florida College System institutions and state
  935  universities, business and community representatives, and local
  936  education foundations, consortia, and professional
  937  organizations. The professional development system must:
  938         1. Be approved by the department. All substantial revisions
  939  to the system shall be submitted to the department for review
  940  for continued approval.
  941         2. Be based on analyses of student achievement data and
  942  instructional strategies and methods that support rigorous,
  943  relevant, and challenging curricula for all students. Schools
  944  and districts, in developing and refining the professional
  945  development system, shall also review and monitor school
  946  discipline data; school environment surveys; assessments of
  947  parental satisfaction; performance appraisal data of teachers,
  948  managers, and administrative personnel; and other performance
  949  indicators to identify school and student needs that can be met
  950  by improved professional performance.
  951         3. Provide inservice activities coupled with followup
  952  support appropriate to accomplish district-level and school
  953  level improvement goals and standards. The inservice activities
  954  for instructional personnel shall focus on analysis of student
  955  achievement data, ongoing formal and informal assessments of
  956  student achievement, identification and use of enhanced and
  957  differentiated instructional strategies that emphasize rigor,
  958  relevance, and reading in the content areas, enhancement of
  959  subject content expertise, integrated use of classroom
  960  technology that enhances teaching and learning, classroom
  961  management, parent involvement, and school safety.
  962         4. Include a master plan for inservice activities, pursuant
  963  to rules of the State Board of Education, for all district
  964  employees from all fund sources. The master plan shall be
  965  updated annually by September 1, must be based on input from
  966  teachers and district and school instructional leaders, and must
  967  use the latest available student achievement data and research
  968  to enhance rigor and relevance in the classroom. Each district
  969  inservice plan must be aligned to and support the school-based
  970  inservice plans and school improvement plans pursuant to s.
  971  1001.42(18). Each district inservice plan must provide a
  972  description of the training that middle grades instructional
  973  personnel and school administrators receive on the district’s
  974  code of student conduct adopted pursuant to s. 1006.07;
  975  integrated digital instruction and competency-based instruction
  976  and CAPE Digital Tool certificates and CAPE industry
  977  certifications; classroom management; student behavior and
  978  interaction; extended learning opportunities for students; and
  979  instructional leadership. District plans must be approved by the
  980  district school board annually in order to ensure compliance
  981  with subsection (1) and to allow for dissemination of research
  982  based best practices to other districts. District school boards
  983  must submit verification of their approval to the Commissioner
  984  of Education no later than October 1, annually. Each school
  985  principal may establish and maintain an individual professional
  986  development plan for each instructional employee assigned to the
  987  school as a seamless component to the school improvement plans
  988  developed pursuant to s. 1001.42(18). An individual professional
  989  development plan must be related to specific performance data
  990  for the students to whom the teacher is assigned, define the
  991  inservice objectives and specific measurable improvements
  992  expected in student performance as a result of the inservice
  993  activity, and include an evaluation component that determines
  994  the effectiveness of the professional development plan.
  995         5. Include inservice activities for school administrative
  996  personnel that address updated skills necessary for
  997  instructional leadership and effective school management
  998  pursuant to s. 1012.986.
  999         6. Provide for systematic consultation with regional and
 1000  state personnel designated to provide technical assistance and
 1001  evaluation of local professional development programs.
 1002         7. Provide for delivery of professional development by
 1003  distance learning and other technology-based delivery systems to
 1004  reach more educators at lower costs.
 1005         8. Provide for the continuous evaluation of the quality and
 1006  effectiveness of professional development programs in order to
 1007  eliminate ineffective programs and strategies and to expand
 1008  effective ones. Evaluations must consider the impact of such
 1009  activities on the performance of participating educators and
 1010  their students’ achievement and behavior.
 1011         9. For middle grades, emphasize:
 1012         a. Interdisciplinary planning, collaboration, and
 1013  instruction.
 1014         b. Alignment of curriculum and instructional materials to
 1015  the state academic standards adopted pursuant to s. 1003.41.
 1016         c. Use of small learning communities; problem-solving,
 1017  inquiry-driven research and analytical approaches for students;
 1018  strategies and tools based on student needs; competency-based
 1019  instruction; integrated digital instruction; and project-based
 1020  instruction.
 1022  Each school that includes any of grades 6, 7, or 8 must include
 1023  in its school improvement plan, required under s. 1001.42(18), a
 1024  description of the specific strategies used by the school to
 1025  implement each item listed in this subparagraph.
 1026         10. Provide training to reading coaches, classroom
 1027  teachers, and school administrators in effective methods of
 1028  identifying characteristics of conditions such as dyslexia and
 1029  other causes of diminished phonological processing skills;
 1030  incorporating instructional techniques into the general
 1031  education setting that are proven to improve reading performance
 1032  for all students; and using predictive and other data to make
 1033  instructional decisions based on individual student needs. The
 1034  training must help teachers integrate phonemic awareness;
 1035  phonics, word study, and spelling; reading fluency; vocabulary,
 1036  including academic vocabulary; and text comprehension strategies
 1037  into an explicit, systematic, and multisensory approach to
 1038  reading instruction and intervention.
 1039         Section 16. This act shall take effect upon becoming a law.