Florida Senate - 2020                             CS for SB 1438
       By the Committee on Education; and Senators Harrell and Perry
       581-03022-20                                          20201438c1
    1                        A bill to be entitled                      
    2         An act relating to dyslexia; creating s. 1001.2151,
    3         F.S.; providing legislative intent; requiring public
    4         schools to screen all students in kindergarten through
    5         grade 3 for dyslexia within a certain timeframe;
    6         requiring public school students with a substantial
    7         deficiency in reading to be placed in an intensive
    8         remedial intervention program; requiring parental
    9         notification of dyslexia diagnoses and biweekly
   10         progress reports; providing for subsequent diagnostic
   11         assessment; requiring that intensive remedial
   12         intervention meet certain requirements; requiring
   13         remedial intervention to continue until the student
   14         can perform at a certain level; requiring public
   15         schools to have at least one person on staff with
   16         specified certification in reading instruction for
   17         students with dyslexia; requiring the State Board of
   18         Education to adopt rules; amending s. 1003.01, F.S.;
   19         defining the terms “dyscalculia,” “dysgraphia,” and
   20         “dyslexia”; creating the Dyslexia Task Force within
   21         the Department of Education; specifying the purpose
   22         and membership of the task force; requiring the task
   23         force members to be appointed by the Commissioner of
   24         Education; requiring task force to consist of nine
   25         members of certain backgrounds; requiring task force
   26         to hold its first meeting within a certain timeframe;
   27         providing that task force members serve without
   28         compensation, but may receive reimbursement for
   29         certain expenses; amending s. 1003.26, F.S.; removing
   30         a requirement for district school superintendents to
   31         refer parents to a home education review committee;
   32         removing a penalty for parents failing to provide a
   33         portfolio to such committee; amending ss. 11.45,
   34         39.0016, 414.1251, 1002.01, 1002.20, 1002.3105,
   35         1002.33, 1002.385, 1002.42, 1002.43, 1003.03, 1003.21,
   36         1003.26, 1003.4282, 1003.52, 1003.575, 1006.07,
   37         1008.24, and 1012.2315, F.S.; conforming cross
   38         references; providing an effective date.
   40  Be It Enacted by the Legislature of the State of Florida:
   42         Section 1. Section 1001.2151, Florida Statutes, is created
   43  to read:
   44         1001.2151 LITERACY-BASED PROMOTION.—It is the intent of the
   45  Legislature to ensure that each student’s progression in
   46  kindergarten through grade 3 is determined in part upon the
   47  student’s proficiency in reading. Local school board policies
   48  shall facilitate this proficiency, and each student and the
   49  student’s parent or legal guardian shall be informed of the
   50  student’s academic progress.
   51         (1)Within the first 30 days of the school year, each
   52  public school shall screen each student in kindergarten through
   53  grade 3 for dyslexia using a dyslexia diagnostic assessment
   54  screener.
   55         (2)Each public school student in kindergarten through
   56  grade 3 who exhibits a substantial deficiency in reading at any
   57  time, as demonstrated through his or her performance on a
   58  dyslexia diagnostic assessment screener approved and developed
   59  by the State Board of Education, must be placed in an intensive
   60  remedial intervention program.
   61         (3)The parent of any student in kindergarten through grade
   62  3 who exhibits dyslexia shall be immediately notified by the
   63  student’s school of the student’s deficiency pursuant to s.
   64  1008.25(5) and the parent shall be provided a progress report
   65  issued at 2-week intervals while the student continues to
   66  exhibit dyslexia. The parent shall also be notified in writing
   67  by the school of the process to request a special education
   68  evaluation.
   69         (4)The dyslexia diagnostic assessment screener may be
   70  repeated at midyear and at the end of the school year to
   71  determine student progression in reading. If it is determined
   72  that the student continues to exhibit a reading deficiency, he
   73  or she must be provided with continued intensive remedial
   74  intervention by the school district until the deficiency is
   75  remedied. Every public school must provide intensive
   76  interventions for every student in kindergarten through grade 3
   77  identified with a deficiency in reading or with dyslexia to
   78  ameliorate the student’s specific deficiency.
   79         (5)The intensive remedial intervention program must
   80  include evidence-based interventions specifically designed for
   81  dyslexia utilizing a structured literacy, speech to print, or
   82  structured word inquiry approach to assist the student in
   83  becoming a successful reader able to read at or above grade
   84  level and ready for promotion to the next grade. The intensive
   85  remedial intervention program must be continued until the
   86  student can maintain grade level performance in decoding,
   87  encoding, reading fluency, and reading comprehension without
   88  continued supportive intervention and services.
   89         (6)Every public school must employ one or more full-time
   90  personnel certified through a nationally recognized organization
   91  specializing in reading instruction for students with dyslexia
   92  to provide structured literacy, speech to print, or structured
   93  word inquiry intervention.
   94         (7)The State Board of Education shall adopt rules that
   95  require students to be evaluated for phonological awareness to
   96  determine whether a student has a specific learning disability.
   97         Section 2. Section 1003.01, Florida Statutes, is amended to
   98  read:
   99         1003.01 Definitions.—As used in this chapter, the term:
  100         (6)(1) “District school board” means the members who are
  101  elected by the voters of a school district created and existing
  102  pursuant to s. 4, Art. IX of the State Constitution to operate
  103  and control public K-12 education within the school district.
  104         (18)(2) “School” means an organization of students for
  105  instructional purposes on an elementary, middle or junior high
  106  school, secondary or high school, or other public school level
  107  authorized under rules of the State Board of Education.
  108         (8)“Dyscalculia” means a specific learning disability that
  109  is:
  110         (a)Neurological in origin;
  111         (b)Characterized by difficulties with learning and
  112  comprehending arithmetic, understanding numbers, performing
  113  mathematical calculations, and learning mathematics; and
  114         (c)Often unexpected in relation to other cognitive
  115  abilities and the provision of effective classroom instruction.
  116         (9)“Dysgraphia” means a specific learning disability that
  117  is:
  118         (a)Neurological in origin;
  119         (b)Characterized by difficulties with accurate writing
  120  abilities, spelling, handwriting, and putting thoughts on paper;
  121  and
  122         (c)Often unexpected in relation to other cognitive
  123  abilities and the provision of effective classroom instruction.
  124         (10) “Dyslexia” means a specific learning disability that
  125  is:
  126         (a) Neurological in origin;
  127         (b) Characterized by difficulties with accurate and fluent
  128  word recognition, spelling, and decoding which typically result
  129  from a deficit in the phonological component of language; and
  130         (c) Often unexpected in relation to other cognitive
  131  abilities and the provision of effective classroom instruction.
  132  Secondary consequences may include problems in reading
  133  comprehension and reduced reading experience that can impede
  134  growth of vocabulary and background knowledge.
  135         (11)(3)(a) “Exceptional student” means any student who has
  136  been determined eligible for a special program in accordance
  137  with rules of the State Board of Education. The term includes
  138  students who are gifted and students with disabilities who have
  139  an intellectual disability; autism spectrum disorder; a speech
  140  impairment; a language impairment; an orthopedic impairment; any
  141  an other health impairment; traumatic brain injury; a visual
  142  impairment; an emotional or behavioral disability; or a specific
  143  learning disability, including, but not limited to, dyslexia,
  144  dyscalculia, or developmental aphasia; students who are deaf or
  145  hard of hearing or dual sensory impaired; students who are
  146  hospitalized or homebound; children with developmental delays
  147  ages birth through 5 years, or children, ages birth through 2
  148  years, with established conditions that are identified in State
  149  Board of Education rules pursuant to s. 1003.21(1)(e).
  150         (b) “Special education services” means specially designed
  151  instruction and such related services as are necessary for an
  152  exceptional student to benefit from education. Such services may
  153  include: transportation; diagnostic and evaluation services;
  154  social services; physical and occupational therapy; speech and
  155  language pathology services; job placement; orientation and
  156  mobility training; braillists, typists, and readers for the
  157  blind; interpreters and auditory amplification; services
  158  provided by a certified listening and spoken language
  159  specialist; rehabilitation counseling; transition services;
  160  mental health services; guidance and career counseling;
  161  specified materials, assistive technology devices, and other
  162  specialized equipment; and other such services as approved by
  163  rules of the state board.
  164         (2)(4) “Career education” means education that provides
  165  instruction for the following purposes:
  166         (a) At the elementary, middle, and high school levels,
  167  exploratory courses designed to give students initial exposure
  168  to a broad range of occupations to assist them in preparing
  169  their academic and occupational plans, and practical arts
  170  courses that provide generic skills that may apply to many
  171  occupations but are not designed to prepare students for entry
  172  into a specific occupation. Career education provided before
  173  high school completion must be designed to strengthen both
  174  occupational awareness and academic skills integrated throughout
  175  all academic instruction.
  176         (b) At the secondary school level, job-preparatory
  177  instruction in the competencies that prepare students for
  178  effective entry into an occupation, including diversified
  179  cooperative education, work experience, and job-entry programs
  180  that coordinate directed study and on-the-job training.
  181         (c) At the postsecondary education level, courses of study
  182  that provide competencies needed for entry into specific
  183  occupations or for advancement within an occupation.
  184         (19)(5)(a) “Suspension,” also referred to as out-of-school
  185  suspension, means the temporary removal of a student from all
  186  classes of instruction on public school grounds and all other
  187  school-sponsored activities, except as authorized by the
  188  principal or the principal’s designee, for a period not to
  189  exceed 10 school days and remanding of the student to the
  190  custody of the student’s parent with specific homework
  191  assignments for the student to complete.
  192         (b) “In-school suspension” means the temporary removal of a
  193  student from the student’s regular school program and placement
  194  in an alternative program, such as that provided in s. 1003.53,
  195  under the supervision of district school board personnel, for a
  196  period not to exceed 10 school days.
  197         (12)(6) “Expulsion” means the removal of the right and
  198  obligation of a student to attend a public school under
  199  conditions set by the district school board, and for a period of
  200  time not to exceed the remainder of the term or school year and
  201  1 additional year of attendance. Expulsions may be imposed with
  202  or without continuing educational services and shall be reported
  203  accordingly.
  204         (5)(7) “Corporal punishment” means the moderate use of
  205  physical force or physical contact by a teacher or principal as
  206  may be necessary to maintain discipline or to enforce school
  207  rule. However, the term “corporal punishment” does not include
  208  the use of such reasonable force by a teacher or principal as
  209  may be necessary for self-protection or to protect other
  210  students from disruptive students.
  211         (14)(8) “Habitual truant” means a student who has 15
  212  unexcused absences within 90 calendar days with or without the
  213  knowledge or consent of the student’s parent, is subject to
  214  compulsory school attendance under s. 1003.21(1) and (2)(a), and
  215  is not exempt under s. 1003.21(3) or s. 1003.24, or by meeting
  216  the criteria for any other exemption specified by law or rules
  217  of the State Board of Education. Such a student must have been
  218  the subject of the activities specified in ss. 1003.26 and
  219  1003.27(3), without resultant successful remediation of the
  220  truancy problem before being dealt with as a child in need of
  221  services according to the provisions of chapter 984.
  222         (7)(9) “Dropout” means a student who meets any one or more
  223  of the following criteria:
  224         (a) The student has voluntarily removed himself or herself
  225  from the school system before graduation for reasons that
  226  include, but are not limited to, marriage, or the student has
  227  withdrawn from school because he or she has failed the statewide
  228  student assessment test and thereby does not receive any of the
  229  certificates of completion;
  230         (b) The student has not met the relevant attendance
  231  requirements of the school district pursuant to State Board of
  232  Education rules, or the student was expected to attend a school
  233  but did not enter as expected for unknown reasons, or the
  234  student’s whereabouts are unknown;
  235         (c) The student has withdrawn from school, but has not
  236  transferred to another public or private school or enrolled in
  237  any career, adult, home education, or alternative educational
  238  program;
  239         (d) The student has withdrawn from school due to hardship,
  240  unless such withdrawal has been granted under the provisions of
  241  s. 322.091, court action, expulsion, medical reasons, or
  242  pregnancy; or
  243         (e) The student is not eligible to attend school because of
  244  reaching the maximum age for an exceptional student program in
  245  accordance with the district’s policy.
  247  The State Board of Education may adopt rules to implement the
  248  provisions of this subsection.
  249         (1)(10) “Alternative measures for students with special
  250  needs” or “special programs” means measures designed to meet the
  251  special needs of a student that cannot be met by regular school
  252  curricula.
  253         (15)(11)(a) “Juvenile justice education programs or
  254  schools” means programs or schools operating for the purpose of
  255  providing educational services to youth in Department of
  256  Juvenile Justice programs, for a school year comprised of 250
  257  days of instruction distributed over 12 months. At the request
  258  of the provider, a district school board may decrease the
  259  minimum number of days of instruction by up to 10 days for
  260  teacher planning for residential programs and up to 20 days for
  261  teacher planning for nonresidential programs, subject to the
  262  approval of the Department of Juvenile Justice and the
  263  Department of Education.
  264         (b) “Juvenile justice provider” means the Department of
  265  Juvenile Justice, the sheriff, or a private, public, or other
  266  governmental organization under contract with the Department of
  267  Juvenile Justice or the sheriff that provides treatment, care
  268  and custody, or educational programs for youth in juvenile
  269  justice intervention, detention, or commitment programs.
  270         (3)(12) “Children and youths who are experiencing
  271  homelessness,” for programs authorized under subtitle B,
  272  Education for Homeless Children and Youths, of Title VII of the
  273  McKinney-Vento Homeless Assistance Act, 42 U.S.C. ss. 11431 et
  274  seq., means children and youths who lack a fixed, regular, and
  275  adequate nighttime residence, and includes:
  276         (a) Children and youths who are sharing the housing of
  277  other persons due to loss of housing, economic hardship, or a
  278  similar reason; are living in motels, hotels, travel trailer
  279  parks, or camping grounds due to the lack of alternative
  280  adequate accommodations; are living in emergency or transitional
  281  shelters; are abandoned in hospitals; or are awaiting foster
  282  care placement.
  283         (b) Children and youths who have a primary nighttime
  284  residence that is a public or private place not designed for or
  285  ordinarily used as a regular sleeping accommodation for human
  286  beings.
  287         (c) Children and youths who are living in cars, parks,
  288  public spaces, abandoned buildings, bus or train stations, or
  289  similar settings.
  290         (d) Migratory children who are living in circumstances
  291  described in paragraphs (a)-(c).
  292         (17)(13) “Regular school attendance” means the actual
  293  attendance of a student during the school day as defined by law
  294  and rules of the State Board of Education. Regular attendance
  295  within the intent of s. 1003.21 may be achieved by attendance
  296  in:
  297         (a) A public school supported by public funds;
  298         (b) A parochial, religious, or denominational school;
  299         (c) A private school supported in whole or in part by
  300  tuition charges or by endowments or gifts;
  301         (d) A home education program that meets the requirements of
  302  chapter 1002; or
  303         (e) A private tutoring program that meets the requirements
  304  of chapter 1002.
  305         (4)(14) “Core-curricula courses” means:
  306         (a) Courses in language arts/reading, mathematics, social
  307  studies, and science in prekindergarten through grade 3,
  308  excluding extracurricular courses pursuant to subsection (13)
  309  subsection (15);
  310         (b) Courses in grades 4 through 8 in subjects that are
  311  measured by state assessment at any grade level and courses
  312  required for middle school promotion, excluding extracurricular
  313  courses pursuant to subsection (13) subsection (15);
  314         (c) Courses in grades 9 through 12 in subjects that are
  315  measured by state assessment at any grade level and courses that
  316  are specifically identified by name in statute as required for
  317  high school graduation and that are not measured by state
  318  assessment, excluding extracurricular courses pursuant to
  319  subsection (13) subsection (15);
  320         (d) Exceptional student education courses; and
  321         (e) English for Speakers of Other Languages courses.
  323  The term is limited in meaning and used for the sole purpose of
  324  designating classes that are subject to the maximum class size
  325  requirements established in s. 1, Art. IX of the State
  326  Constitution. This term does not include courses offered under
  327  ss. 1002.321(4)(e), 1002.33(7)(a)2.b., 1002.37, 1002.45, and
  328  1003.499.
  329         (13)(15) “Extracurricular courses” means all courses that
  330  are not defined as “core-curricula courses,” which may include,
  331  but are not limited to, physical education, fine arts,
  332  performing fine arts, career education, and courses that may
  333  result in college credit. The term is limited in meaning and
  334  used for the sole purpose of designating classes that are not
  335  subject to the maximum class size requirements established in s.
  336  1, Art. IX of the State Constitution.
  337         (16) “Physical education” means the development or
  338  maintenance of skills related to strength, agility, flexibility,
  339  movement, and stamina, including dance; the development of
  340  knowledge and skills regarding teamwork and fair play; the
  341  development of knowledge and skills regarding nutrition and
  342  physical fitness as part of a healthy lifestyle; and the
  343  development of positive attitudes regarding sound nutrition and
  344  physical activity as a component of personal well-being.
  345         Section 3. The Dyslexia Task Force, a task force as defined
  346  in s. 20.03, Florida Statutes, is established within the
  347  Department of Education.
  348         (1)The task force shall develop a dyslexia handbook that
  349  must include, but is not limited to, the following:
  350         (a)Recommendations on how to identify dyslexia,
  351  dysgraphia, and dyscalculia;
  352         (b)Recommendations for appropriate goal writing for
  353  individual education plans (IEPs) for students with dyslexia,
  354  dysgraphia, or dyscalculia;
  355         (c)Recommendations for interventions for dyslexia,
  356  dysgraphia, and dyscalculia;
  357         (d)Recommendations for provision of assistive technology
  358  guidelines; and
  359         (e)Recommendations for the creation of a parent handbook
  360  regarding dyslexia, dysgraphia, and dyscalculia.
  361         (2)The task force shall recommend amendments to uniform
  362  IEP documents to require a drop-down menu under specific
  363  learning disabilities which allows child study teams to check
  364  all learning disabilities that are exhibited by the student,
  365  including dyslexia, dysgraphia, and dyscalculia.
  366         (3)The task force shall consist of the following nine
  367  members appointed by the Commissioner of Education:
  368         (a)Three members of organizations or nonprofits focused on
  369  dyslexia and other specific learning disabilities.
  370         (b)A faculty member or researcher from a university with a
  371  program or department devoted to dyslexia and reading disorders.
  372         (c)A neuropsychologist or clinical psychologist who
  373  specializes in dyslexia evaluation and identification.
  374         (d)A speech language pathologist with expertise in
  375  dyslexia, phonological deficits, and language disorders.
  376         (e)A parent of a child with dyslexia.
  377         (f)A public school teacher.
  378         (g)A public school principal.
  379         (4)Within 90 days after the effective date of this act, a
  380  majority of the members of the task force must be appointed and
  381  the task force shall hold its first meeting. The task force
  382  shall elect one of its members to serve as chair. Members of the
  383  task force shall serve for the duration of the existence of the
  384  task force. Any vacancy that occurs shall be filled in the same
  385  manner as the original appointment. Task force members shall
  386  serve without compensation, but are entitled to reimbursement
  387  for per diem and travel expenses as provided in s. 112.061,
  388  Florida Statutes.
  389         Section 4.  Paragraph (k) of subsection (2) of section
  390  11.45, Florida Statutes, is amended to read:
  391         11.45 Definitions; duties; authorities; reports; rules.—
  392         (2) DUTIES.—The Auditor General shall:
  393         (k) Contact each district school board, as defined in s.
  394  1003.01 s. 1003.01(1), with the findings and recommendations
  395  contained within the Auditor General’s previous operational
  396  audit report. The district school board shall provide the
  397  Auditor General with evidence of the initiation of corrective
  398  action within 45 days after the date it is requested by the
  399  Auditor General and evidence of completion of corrective action
  400  within 180 days after the date it is requested by the Auditor
  401  General. If the district school board fails to comply with the
  402  Auditor General’s request or is unable to take corrective action
  403  within the required timeframe, the Auditor General shall notify
  404  the Legislative Auditing Committee.
  406  The Auditor General shall perform his or her duties
  407  independently but under the general policies established by the
  408  Legislative Auditing Committee. This subsection does not limit
  409  the Auditor General’s discretionary authority to conduct other
  410  audits or engagements of governmental entities as authorized in
  411  subsection (3).
  412         Section 5. Paragraph (b) of subsection (3) of section
  413  39.0016, Florida Statutes, is amended to read:
  414         39.0016 Education of abused, neglected, and abandoned
  415  children; agency agreements; children having or suspected of
  416  having a disability.—
  418         (b)1. Each district school superintendent or dependency
  419  court must appoint a surrogate parent for a child known to the
  420  department who has or is suspected of having a disability, as
  421  defined in s. 1003.01(11)(a) s. 1003.01(3), when:
  422         a. After reasonable efforts, no parent can be located; or
  423         b. A court of competent jurisdiction over a child under
  424  this chapter has determined that no person has the authority
  425  under the Individuals with Disabilities Education Act, including
  426  the parent or parents subject to the dependency action, or that
  427  no person has the authority, willingness, or ability to serve as
  428  the educational decisionmaker for the child without judicial
  429  action.
  430         2. A surrogate parent appointed by the district school
  431  superintendent or the court must be at least 18 years old and
  432  have no personal or professional interest that conflicts with
  433  the interests of the student to be represented. Neither the
  434  district school superintendent nor the court may appoint an
  435  employee of the Department of Education, the local school
  436  district, a community-based care provider, the Department of
  437  Children and Families, or any other public or private agency
  438  involved in the education or care of the child as appointment of
  439  those persons is prohibited by federal law. This prohibition
  440  includes group home staff and therapeutic foster parents.
  441  However, a person who acts in a parental role to a child, such
  442  as a foster parent or relative caregiver, is not prohibited from
  443  serving as a surrogate parent if he or she is employed by such
  444  agency, willing to serve, and knowledgeable about the child and
  445  the exceptional student education process. The surrogate parent
  446  may be a court-appointed guardian ad litem or a relative or
  447  nonrelative adult who is involved in the child’s life regardless
  448  of whether that person has physical custody of the child. Each
  449  person appointed as a surrogate parent must have the knowledge
  450  and skills acquired by successfully completing training using
  451  materials developed and approved by the Department of Education
  452  to ensure adequate representation of the child.
  453         3. If a guardian ad litem has been appointed for a child,
  454  the district school superintendent must first consider the
  455  child’s guardian ad litem when appointing a surrogate parent.
  456  The district school superintendent must accept the appointment
  457  of the court if he or she has not previously appointed a
  458  surrogate parent. Similarly, the court must accept a surrogate
  459  parent duly appointed by a district school superintendent.
  460         4. A surrogate parent appointed by the district school
  461  superintendent or the court must be accepted by any subsequent
  462  school or school district without regard to where the child is
  463  receiving residential care so that a single surrogate parent can
  464  follow the education of the child during his or her entire time
  465  in state custody. Nothing in this paragraph or in rule shall
  466  limit or prohibit the continuance of a surrogate parent
  467  appointment when the responsibility for the student’s
  468  educational placement moves among and between public and private
  469  agencies.
  470         5. For a child known to the department, the responsibility
  471  to appoint a surrogate parent resides with both the district
  472  school superintendent and the court with jurisdiction over the
  473  child. If the court elects to appoint a surrogate parent, notice
  474  shall be provided as soon as practicable to the child’s school.
  475  At any time the court determines that it is in the best
  476  interests of a child to remove a surrogate parent, the court may
  477  appoint a new surrogate parent for educational decisionmaking
  478  purposes for that child.
  479         6. The surrogate parent shall continue in the appointed
  480  role until one of the following occurs:
  481         a. The child is determined to no longer be eligible or in
  482  need of special programs, except when termination of special
  483  programs is being contested.
  484         b. The child achieves permanency through adoption or legal
  485  guardianship and is no longer in the custody of the department.
  486         c. The parent who was previously unknown becomes known,
  487  whose whereabouts were unknown is located, or who was
  488  unavailable is determined by the court to be available.
  489         d. The appointed surrogate no longer wishes to represent
  490  the child or is unable to represent the child.
  491         e. The superintendent of the school district in which the
  492  child is attending school, the Department of Education contract
  493  designee, or the court that appointed the surrogate determines
  494  that the appointed surrogate parent no longer adequately
  495  represents the child.
  496         f. The child moves to a geographic location that is not
  497  reasonably accessible to the appointed surrogate.
  498         7. The appointment and termination of appointment of a
  499  surrogate under this paragraph shall be entered as an order of
  500  the court with a copy of the order provided to the child’s
  501  school as soon as practicable.
  502         8. The person appointed as a surrogate parent under this
  503  paragraph must:
  504         a. Be acquainted with the child and become knowledgeable
  505  about his or her disability and educational needs.
  506         b. Represent the child in all matters relating to
  507  identification, evaluation, and educational placement and the
  508  provision of a free and appropriate education to the child.
  509         c. Represent the interests and safeguard the rights of the
  510  child in educational decisions that affect the child.
  511         9. The responsibilities of the person appointed as a
  512  surrogate parent shall not extend to the care, maintenance,
  513  custody, residential placement, or any other area not
  514  specifically related to the education of the child, unless the
  515  same person is appointed by the court for such other purposes.
  516         10. A person appointed as a surrogate parent shall enjoy
  517  all of the procedural safeguards afforded a parent with respect
  518  to the identification, evaluation, and educational placement of
  519  a student with a disability or a student who is suspected of
  520  having a disability.
  521         11. A person appointed as a surrogate parent shall not be
  522  held liable for actions taken in good faith on behalf of the
  523  student in protecting the special education rights of the child.
  524         Section 6. Subsection (1) of section 414.1251, Florida
  525  Statutes, is amended to read:
  526         414.1251 Learnfare program.—
  527         (1) The department shall reduce the temporary cash
  528  assistance for a participant’s eligible dependent child or for
  529  an eligible teenage participant who has not been exempted from
  530  education participation requirements, if the eligible dependent
  531  child or eligible teenage participant has been identified either
  532  as a habitual truant, pursuant to s. 1003.01 s. 1003.01(8), or
  533  as a dropout, pursuant to s. 1003.01 s. 1003.01(9). For a
  534  student who has been identified as a habitual truant, the
  535  temporary cash assistance must be reinstated after a subsequent
  536  grading period in which the child’s attendance has substantially
  537  improved. For a student who has been identified as a dropout,
  538  the temporary cash assistance must be reinstated after the
  539  student enrolls in a public school, receives a high school
  540  diploma or its equivalency, enrolls in preparation for the high
  541  school equivalency examination, or enrolls in other educational
  542  activities approved by the district school board. Good cause
  543  exemptions from the rule of unexcused absences include the
  544  following:
  545         (a) The student is expelled from school and alternative
  546  schooling is not available.
  547         (b) No licensed day care is available for a child of teen
  548  parents subject to Learnfare.
  549         (c) Prohibitive transportation problems exist (e.g., to and
  550  from day care).
  552  Within 10 days after sanction notification, the participant
  553  parent of a dependent child or the teenage participant may file
  554  an internal fair hearings process review procedure appeal, and
  555  no sanction shall be imposed until the appeal is resolved.
  556         Section 7. Section 1002.01, Florida Statutes, is amended to
  557  read:
  558         1002.01 Definitions.—
  559         (1) A “home education program” means the sequentially
  560  progressive instruction of a student directed by his or her
  561  parent in order to satisfy the attendance requirements of ss.
  562  1002.41, 1003.01(17) 1003.01(13), and 1003.21(1).
  563         (2) A “private school” is a nonpublic school defined as an
  564  individual, association, copartnership, or corporation, or
  565  department, division, or section of such organizations, that
  566  designates itself as an educational center that includes
  567  kindergarten or a higher grade or as an elementary, secondary,
  568  business, technical, or trade school below college level or any
  569  organization that provides instructional services that meet the
  570  intent of s. 1003.01(17) s. 1003.01(13) or that gives
  571  preemployment or supplementary training in technology or in
  572  fields of trade or industry or that offers academic, literary,
  573  or career training below college level, or any combination of
  574  the above, including an institution that performs the functions
  575  of the above schools through correspondence or extension, except
  576  those licensed under the provisions of chapter 1005. A private
  577  school may be a parochial, religious, denominational, for
  578  profit, or nonprofit school. This definition does not include
  579  home education programs conducted in accordance with s. 1002.41.
  580         Section 8. Paragraph (b) of subsection (2) of section
  581  1002.20, Florida Statutes, is amended to read:
  582         1002.20 K-12 student and parent rights.—Parents of public
  583  school students must receive accurate and timely information
  584  regarding their child’s academic progress and must be informed
  585  of ways they can help their child to succeed in school. K-12
  586  students and their parents are afforded numerous statutory
  587  rights including, but not limited to, the following:
  588         (2) ATTENDANCE.—
  589         (b) Regular school attendance.—Parents of students who have
  590  attained the age of 6 years by February 1 of any school year but
  591  who have not attained the age of 16 years must comply with the
  592  compulsory school attendance laws. Parents have the option to
  593  comply with the school attendance laws by attendance of the
  594  student in a public school; a parochial, religious, or
  595  denominational school; a private school; a home education
  596  program; or a private tutoring program, in accordance with the
  597  provisions of s. 1003.01(17) s. 1003.01(13).
  598         Section 9. Paragraph (d) of subsection (3) of section
  599  1002.3105, Florida Statutes, is amended to read:
  600         1002.3105 Academically Challenging Curriculum to Enhance
  601  Learning (ACCEL) options.—
  602         (3) STUDENT ELIGIBILITY CONSIDERATIONS.—When establishing
  603  student eligibility requirements, principals and school
  604  districts must consider, at a minimum:
  605         (d) Recommendations from one or more of the student’s
  606  teachers in core-curricula courses as defined in s. 1003.01 s.
  607  1003.01(14)(a)-(e).
  608         Section 10. Paragraph (a) of subsection (20) of section
  609  1002.33, Florida Statutes, is amended to read:
  610         1002.33 Charter schools.—
  611         (20) SERVICES.—
  612         (a)1. A sponsor shall provide certain administrative and
  613  educational services to charter schools. These services shall
  614  include contract management services; full-time equivalent and
  615  data reporting services; exceptional student education
  616  administration services; services related to eligibility and
  617  reporting duties required to ensure that school lunch services
  618  under the National School Lunch Program, consistent with the
  619  needs of the charter school, are provided by the school district
  620  at the request of the charter school, that any funds due to the
  621  charter school under the National School Lunch Program be paid
  622  to the charter school as soon as the charter school begins
  623  serving food under the National School Lunch Program, and that
  624  the charter school is paid at the same time and in the same
  625  manner under the National School Lunch Program as other public
  626  schools serviced by the sponsor or the school district; test
  627  administration services, including payment of the costs of
  628  state-required or district-required student assessments;
  629  processing of teacher certificate data services; and information
  630  services, including equal access to student information systems
  631  that are used by public schools in the district in which the
  632  charter school is located. Student performance data for each
  633  student in a charter school, including, but not limited to, FCAT
  634  scores, standardized test scores, previous public school student
  635  report cards, and student performance measures, shall be
  636  provided by the sponsor to a charter school in the same manner
  637  provided to other public schools in the district.
  638         2. A sponsor may withhold an administrative fee for the
  639  provision of such services which shall be a percentage of the
  640  available funds defined in paragraph (17)(b) calculated based on
  641  weighted full-time equivalent students. If the charter school
  642  serves 75 percent or more exceptional education students as
  643  defined in s. 1003.01 s. 1003.01(3), the percentage shall be
  644  calculated based on unweighted full-time equivalent students.
  645  The administrative fee shall be calculated as follows:
  646         a. Up to 5 percent for:
  647         (I) Enrollment of up to and including 250 students in a
  648  charter school as defined in this section.
  649         (II) Enrollment of up to and including 500 students within
  650  a charter school system which meets all of the following:
  651         (A) Includes conversion charter schools and nonconversion
  652  charter schools.
  653         (B) Has all of its schools located in the same county.
  654         (C) Has a total enrollment exceeding the total enrollment
  655  of at least one school district in the state.
  656         (D) Has the same governing board for all of its schools.
  657         (E) Does not contract with a for-profit service provider
  658  for management of school operations.
  659         (III) Enrollment of up to and including 250 students in a
  660  virtual charter school.
  661         b. Up to 2 percent for enrollment of up to and including
  662  250 students in a high-performing charter school as defined in
  663  s. 1002.331.
  664         3. A sponsor may not charge charter schools any additional
  665  fees or surcharges for administrative and educational services
  666  in addition to the maximum percentage of administrative fees
  667  withheld pursuant to this paragraph.
  668         4. A sponsor shall provide to the department by September
  669  15 of each year the total amount of funding withheld from
  670  charter schools pursuant to this subsection for the prior fiscal
  671  year. The department must include the information in the report
  672  required under sub-sub-subparagraph (5)(b)1.k.(III).
  673         Section 11. Paragraph (h) of subsection (5) and paragraph
  674  (a) of subsection (11) of section 1002.385, Florida Statutes,
  675  are amended to read:
  676         1002.385 The Gardiner Scholarship.—
  677         (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be
  678  used to meet the individual educational needs of an eligible
  679  student and may be spent for the following purposes:
  680         (h) Tuition and fees for part-time tutoring services
  681  provided by a person who holds a valid Florida educator’s
  682  certificate pursuant to s. 1012.56; a person who holds an
  683  adjunct teaching certificate pursuant to s. 1012.57; a person
  684  who has a bachelor’s degree or a graduate degree in the subject
  685  area in which instruction is given; or a person who has
  686  demonstrated a mastery of subject area knowledge pursuant to s.
  687  1012.56(5). As used in this paragraph, the term “part-time
  688  tutoring services” does not qualify as regular school attendance
  689  as defined in s. 1003.01 s. 1003.01(13)(e).
  691  A provider of any services receiving payments pursuant to this
  692  subsection may not share, refund, or rebate any moneys from the
  693  Gardiner Scholarship with the parent or participating student in
  694  any manner. A parent, student, or provider of any services may
  695  not bill an insurance company, Medicaid, or any other agency for
  696  the same services that are paid for using Gardiner Scholarship
  697  funds.
  699  PARTICIPATION.—A parent who applies for program participation
  700  under this section is exercising his or her parental option to
  701  determine the appropriate placement or the services that best
  702  meet the needs of his or her child. The scholarship award for a
  703  student is based on a matrix that assigns the student to support
  704  Level III services. If a parent receives an IEP and a matrix of
  705  services from the school district pursuant to subsection (7),
  706  the amount of the payment shall be adjusted as needed, when the
  707  school district completes the matrix.
  708         (a) To satisfy or maintain program eligibility, including
  709  eligibility to receive and spend program payments, the parent
  710  must sign an agreement with the organization and annually submit
  711  a notarized, sworn compliance statement to the organization to:
  712         1. Affirm that the student is enrolled in a program that
  713  meets regular school attendance requirements as provided in s.
  714  1003.01(17)(b)-(d) s. 1003.01(13)(b)-(d).
  715         2. Affirm that the program funds are used only for
  716  authorized purposes serving the student’s educational needs, as
  717  described in subsection (5).
  718         3. Affirm that the parent is responsible for the education
  719  of his or her student by, as applicable:
  720         a. Requiring the student to take an assessment in
  721  accordance with paragraph (8)(b);
  722         b. Providing an annual evaluation in accordance with s.
  723  1002.41(1)(f); or
  724         c. Requiring the child to take any preassessments and
  725  postassessments selected by the provider if the child is 4 years
  726  of age and is enrolled in a program provided by an eligible
  727  Voluntary Prekindergarten Education Program provider. A student
  728  with disabilities for whom a preassessment and postassessment is
  729  not appropriate is exempt from this requirement. A participating
  730  provider shall report a student’s scores to the parent.
  731         4. Affirm that the student remains in good standing with
  732  the provider or school if those options are selected by the
  733  parent.
  735  A parent who fails to comply with this subsection forfeits the
  736  Gardiner Scholarship.
  737         Section 12. Subsection (7) of section 1002.42, Florida
  738  Statutes, is amended to read:
  739         1002.42 Private schools.—
  740         (7) ATTENDANCE REQUIREMENTS.—Attendance of a student at a
  741  private, parochial, religious, or denominational school
  742  satisfies the attendance requirements of ss. 1003.01(17) ss.
  743  1003.01(13) and 1003.21(1).
  744         Section 13. Subsection (1) of section 1002.43, Florida
  745  Statutes, is amended to read:
  746         1002.43 Private tutoring programs.—
  747         (1) Regular school attendance as defined in s. 1003.01 s.
  748  1003.01(13) may be achieved by attendance in a private tutoring
  749  program if the person tutoring the student meets the following
  750  requirements:
  751         (a) Holds a valid Florida certificate to teach the subjects
  752  or grades in which instruction is given.
  753         (b) Keeps all records and makes all reports required by the
  754  state and district school board and makes regular reports on the
  755  attendance of students in accordance with the provisions of s.
  756  1003.23(2).
  757         (c) Requires students to be in actual attendance for the
  758  minimum length of time prescribed by s. 1011.60(2).
  759         Section 14. Subsection (6) of section 1003.03, Florida
  760  Statutes, is amended to read:
  761         1003.03 Maximum class size.—
  762         (6) COURSES FOR COMPLIANCE.—Consistent with s. 1003.01(4)
  763  s. 1003.01(14), the Department of Education shall identify from
  764  the Course Code Directory the core-curricula courses for the
  765  purpose of satisfying the maximum class size requirement in this
  766  section. The department may adopt rules to implement this
  767  subsection, if necessary.
  768         Section 15. Subsection (4) of section 1003.21, Florida
  769  Statutes, is amended to read:
  770         1003.21 School attendance.—
  771         (4) Before admitting a child to kindergarten, the principal
  772  shall require evidence that the child has attained the age at
  773  which he or she should be admitted in accordance with the
  774  provisions of subparagraph (1)(a)2. The district school
  775  superintendent may require evidence of the age of any child who
  776  is being enrolled in public school and who the district school
  777  superintendent believes to be within the limits of compulsory
  778  attendance as provided for by law; however, the district school
  779  superintendent may not require evidence from any child who meets
  780  regular attendance requirements by attending a school or program
  781  listed in s. 1003.01(17)(b)-(e) s. 1003.01(13)(b)-(e). If the
  782  first prescribed evidence is not available, the next evidence
  783  obtainable in the order set forth below shall be accepted:
  784         (a) A duly attested transcript of the child’s birth record
  785  filed according to law with a public officer charged with the
  786  duty of recording births;
  787         (b) A duly attested transcript of a certificate of baptism
  788  showing the date of birth and place of baptism of the child,
  789  accompanied by an affidavit sworn to by the parent;
  790         (c) An insurance policy on the child’s life that has been
  791  in force for at least 2 years;
  792         (d) A bona fide contemporary religious record of the
  793  child’s birth accompanied by an affidavit sworn to by the
  794  parent;
  795         (e) A passport or certificate of arrival in the United
  796  States showing the age of the child;
  797         (f) A transcript of record of age shown in the child’s
  798  school record of at least 4 years prior to application, stating
  799  date of birth; or
  800         (g) If none of these evidences can be produced, an
  801  affidavit of age sworn to by the parent, accompanied by a
  802  certificate of age signed by a public health officer or by a
  803  public school physician, or, if these are not available in the
  804  county, by a licensed practicing physician designated by the
  805  district school board, which states that the health officer or
  806  physician has examined the child and believes that the age as
  807  stated in the affidavit is substantially correct. Children and
  808  youths who are experiencing homelessness and children who are
  809  known to the department, as defined in s. 39.0016, shall be
  810  given temporary exemption from this section for 30 school days.
  811         Section 16. Paragraph (f) of subsection (1) of section
  812  1003.26, Florida Statutes, is amended to read:
  813         1003.26 Enforcement of school attendance.—The Legislature
  814  finds that poor academic performance is associated with
  815  nonattendance and that school districts must take an active role
  816  in promoting and enforcing attendance as a means of improving
  817  student performance. It is the policy of the state that each
  818  district school superintendent be responsible for enforcing
  819  school attendance of all students subject to the compulsory
  820  school age in the school district and supporting enforcement of
  821  school attendance by local law enforcement agencies. The
  822  responsibility includes recommending policies and procedures to
  823  the district school board that require public schools to respond
  824  in a timely manner to every unexcused absence, and every absence
  825  for which the reason is unknown, of students enrolled in the
  826  schools. District school board policies shall require the parent
  827  of a student to justify each absence of the student, and that
  828  justification will be evaluated based on adopted district school
  829  board policies that define excused and unexcused absences. The
  830  policies must provide that public schools track excused and
  831  unexcused absences and contact the home in the case of an
  832  unexcused absence from school, or an absence from school for
  833  which the reason is unknown, to prevent the development of
  834  patterns of nonattendance. The Legislature finds that early
  835  intervention in school attendance is the most effective way of
  836  producing good attendance habits that will lead to improved
  837  student learning and achievement. Each public school shall
  838  implement the following steps to promote and enforce regular
  839  school attendance:
  840         (1) CONTACT, REFER, AND ENFORCE.—
  841         (f)1. If the parent of a child who has been identified as
  842  exhibiting a pattern of nonattendance enrolls the child in a
  843  home education program pursuant to chapter 1002, the district
  844  school superintendent shall provide the parent a copy of s.
  845  1002.41 and the accountability requirements of this paragraph.
  846  The district school superintendent shall also refer the parent
  847  to a home education review committee composed of the district
  848  contact for home education programs and at least two home
  849  educators selected by the parent from a district list of all
  850  home educators who have conducted a home education program for
  851  at least 3 years and who have indicated a willingness to serve
  852  on the committee. The home education review committee shall
  853  review the portfolio of the student, as defined by s. 1002.41,
  854  every 30 days during the district’s regular school terms until
  855  the committee is satisfied that the home education program is in
  856  compliance with s. 1002.41(1)(d). The first portfolio review
  857  must occur within the first 30 calendar days of the
  858  establishment of the program. The provisions of subparagraph 2.
  859  do not apply once the committee determines the home education
  860  program is in compliance with s. 1002.41(1)(d).
  861         2. If the parent fails to provide a portfolio to the
  862  committee, the committee shall notify the district school
  863  superintendent. The district school superintendent shall then
  864  terminate the home education program and require the parent to
  865  enroll the child in an attendance option that meets the
  866  definition of “regular school attendance” under s.
  867  1003.01(13)(a), (b), (c), or (e), within 3 days. Upon
  868  termination of a home education program pursuant to this
  869  subparagraph, the parent shall not be eligible to reenroll the
  870  child in a home education program for 180 calendar days. Failure
  871  of a parent to enroll the child in an attendance option as
  872  required by this subparagraph after termination of the home
  873  education program pursuant to this subparagraph shall constitute
  874  noncompliance with the compulsory attendance requirements of s.
  875  1003.21 and may result in criminal prosecution under s.
  876  1003.27(2). Nothing contained herein shall restrict the ability
  877  of the district school superintendent, or the ability of his or
  878  her designee, to review the portfolio pursuant to s.
  879  1002.41(1)(e).
  880         Section 17. Paragraph (b) of subsection (1) of section
  881  1003.4282, Florida Statutes, is amended to read:
  882         1003.4282 Requirements for a standard high school diploma.—
  884         (b) The required credits may be earned through equivalent,
  885  applied, or integrated courses or career education courses as
  886  defined in s. 1003.01 s. 1003.01(4), including work-related
  887  internships approved by the State Board of Education and
  888  identified in the course code directory. However, any must-pass
  889  assessment requirements must be met. An equivalent course is one
  890  or more courses identified by content-area experts as being a
  891  match to the core curricular content of another course, based
  892  upon review of the Next Generation Sunshine State Standards for
  893  that subject. An applied course aligns with Next Generation
  894  Sunshine State Standards and includes real-world applications of
  895  a career and technical education standard used in business or
  896  industry. An integrated course includes content from several
  897  courses within a content area or across content areas.
  898         Section 18. Subsection (4) of section 1003.52, Florida
  899  Statutes, is amended to read:
  900         1003.52 Educational services in Department of Juvenile
  901  Justice programs.—
  902         (4) Educational services shall be provided at times of the
  903  day most appropriate for the juvenile justice program. School
  904  programming in juvenile justice detention, prevention, day
  905  treatment, and residential programs shall be made available by
  906  the local school district during the juvenile justice school
  907  year, as provided in s. 1003.01(15) s. 1003.01(11). In addition,
  908  students in juvenile justice education programs shall have
  909  access to courses offered pursuant to ss. 1002.37, 1002.45, and
  910  1003.498. The Department of Education and the school districts
  911  shall adopt policies necessary to provide such access.
  912         Section 19. Section 1003.575, Florida Statutes, is amended
  913  to read:
  914         1003.575 Assistive technology devices; findings;
  915  interagency agreements.—Accessibility, utilization, and
  916  coordination of appropriate assistive technology devices and
  917  services are essential as a young person with disabilities moves
  918  from early intervention to preschool, from preschool to school,
  919  from one school to another, from school to employment or
  920  independent living, and from school to home and community. If an
  921  individual education plan team makes a recommendation in
  922  accordance with State Board of Education rule for a student with
  923  a disability, as defined in s. 1003.01(11) s. 1003.01(3), to
  924  receive an assistive technology assessment, that assessment must
  925  be completed within 60 school days after the team’s
  926  recommendation. To ensure that an assistive technology device
  927  issued to a young person as part of his or her individualized
  928  family support plan, individual support plan, individualized
  929  plan for employment, or individual education plan remains with
  930  the individual through such transitions, the following agencies
  931  shall enter into interagency agreements, as appropriate, to
  932  ensure the transaction of assistive technology devices:
  933         (1) The Early Steps Program in the Division of Children’s
  934  Medical Services of the Department of Health.
  935         (2) The Division of Blind Services, the Bureau of
  936  Exceptional Education and Student Services, the Office of
  937  Independent Education and Parental Choice, and the Division of
  938  Vocational Rehabilitation of the Department of Education.
  939         (3) The Voluntary Prekindergarten Education Program
  940  administered by the Department of Education and the Office of
  941  Early Learning.
  943  Interagency agreements entered into pursuant to this section
  944  shall provide a framework for ensuring that young persons with
  945  disabilities and their families, educators, and employers are
  946  informed about the utilization and coordination of assistive
  947  technology devices and services that may assist in meeting
  948  transition needs, and shall establish a mechanism by which a
  949  young person or his or her parent may request that an assistive
  950  technology device remain with the young person as he or she
  951  moves through the continuum from home to school to postschool.
  952         Section 20. Paragraph (d) of subsection (2) of section
  953  1006.07, Florida Statutes, is amended to read:
  954         1006.07 District school board duties relating to student
  955  discipline and school safety.—The district school board shall
  956  provide for the proper accounting for all students, for the
  957  attendance and control of students at school, and for proper
  958  attention to health, safety, and other matters relating to the
  959  welfare of students, including:
  960         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
  961  conduct for elementary schools and a code of student conduct for
  962  middle and high schools and distribute the appropriate code to
  963  all teachers, school personnel, students, and parents, at the
  964  beginning of every school year. Each code shall be organized and
  965  written in language that is understandable to students and
  966  parents and shall be discussed at the beginning of every school
  967  year in student classes, school advisory council meetings, and
  968  parent and teacher association or organization meetings. Each
  969  code shall be based on the rules governing student conduct and
  970  discipline adopted by the district school board and shall be
  971  made available in the student handbook or similar publication.
  972  Each code shall include, but is not limited to:
  973         (d)1. An explanation of the responsibilities of each
  974  student with regard to appropriate dress, respect for self and
  975  others, and the role that appropriate dress and respect for self
  976  and others has on an orderly learning environment. Each district
  977  school board shall adopt a dress code policy that prohibits a
  978  student, while on the grounds of a public school during the
  979  regular school day, from wearing clothing that exposes underwear
  980  or body parts in an indecent or vulgar manner or that disrupts
  981  the orderly learning environment.
  982         2. Any student who violates the dress policy described in
  983  subparagraph 1. is subject to the following disciplinary
  984  actions:
  985         a. For a first offense, a student shall be given a verbal
  986  warning and the school principal shall call the student’s parent
  987  or guardian.
  988         b. For a second offense, the student is ineligible to
  989  participate in any extracurricular activity for a period of time
  990  not to exceed 5 days and the school principal shall meet with
  991  the student’s parent or guardian.
  992         c. For a third or subsequent offense, a student shall
  993  receive an in-school suspension pursuant to s. 1003.01 s.
  994  1003.01(5) for a period not to exceed 3 days, the student is
  995  ineligible to participate in any extracurricular activity for a
  996  period not to exceed 30 days, and the school principal shall
  997  call the student’s parent or guardian and send the parent or
  998  guardian a written letter regarding the student’s in-school
  999  suspension and ineligibility to participate in extracurricular
 1000  activities.
 1001         Section 21. Subsection (5) of section 1008.24, Florida
 1002  Statutes, is amended to read:
 1003         1008.24 Test administration and security; public records
 1004  exemption.—
 1005         (5) Exceptional students with disabilities, as defined in
 1006  s. 1003.01 s. 1003.01(3), shall have access to testing sites.
 1007  The Department of Education and each school district shall adopt
 1008  policies that are necessary to ensure such access.
 1009         Section 22. Paragraph (c) of subsection (6) of section
 1010  1012.2315, Florida Statutes, is amended to read:
 1011         1012.2315 Assignment of teachers.—
 1014         (c) For a student enrolling in an extracurricular course as
 1015  defined in s. 1003.01 s. 1003.01(15), a parent may choose to
 1016  have the student taught by a teacher who received a performance
 1017  evaluation of “needs improvement” or “unsatisfactory” in the
 1018  preceding school year if the student and the student’s parent
 1019  receive an explanation of the impact of teacher effectiveness on
 1020  student learning and the principal receives written consent from
 1021  the parent.
 1022         Section 23. This act shall take effect July 1, 2020.