Bill Text: FL S1280 | 2017 | Regular Session | Introduced
Bill Title: Mandatory Retention
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2017-05-05 - Died in Education [S1280 Detail]
Download: Florida-2017-S1280-Introduced.html
Florida Senate - 2017 SB 1280 By Senator Rodriguez 37-01352-17 20171280__ 1 A bill to be entitled 2 An act relating to mandatory retention; amending s. 3 1008.25, F.S.; removing the requirement for mandatory 4 retention of a third grade student based on his or her 5 performance on the English Language Arts assessment; 6 conforming provisions to changes made by the act; 7 correcting a cross-reference; providing an effective 8 date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraphs (b) and (c) of subsection (5), 13 paragraphs (b) and (c) of subsection (6), subsection (7), and 14 paragraph (a) of subsection (8) of section 1008.25, Florida 15 Statutes, are amended to read: 16 1008.25 Public school student progression; student support; 17 reporting requirements.— 18 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.— 19 (b) To be promoted to grade 4, a student must score a Level 20 2 or higher on the statewide, standardized English Language Arts 21 assessment required under s. 1008.22 for grade 3 or meet a good 22 cause exemption pursuant to paragraph (6)(b).If a student’s23reading deficiency is not remedied by the end of grade 3, as24demonstrated by scoring Level 2 or higher on the statewide,25standardized assessment required under s. 1008.22 for grade 3,26the student must be retained.27 (c) The parent of any student who exhibits a substantial 28 deficiency in reading, as described in paragraph (a), must be 29 notified in writing of the following: 30 1. That his or her child has been identified as having a 31 substantial deficiency in reading. 32 2. A description of the current services that are provided 33 to the child. 34 3. A description of the proposed supplemental instructional 35 services and supports that will be provided to the child that 36 are designed to remediate the identified area of reading 37 deficiency. 384.That if the child’s reading deficiency is not remediated39by the end of grade 3, the child must be retained unless he or40she is exempt from mandatory retention for good cause.41 4.5.Strategies for parents to use in helping their child 42 succeed in reading proficiency. 43 5.6.That the statewide, standardized English Language Arts 44 assessment is not the sole determiner of promotion and that 45 additional evaluations, portfolio reviews, and assessments are 46 available to the child to assist parents and the school district 47 in knowing when a child is reading at or above grade level and 48 ready for grade promotion. 49 6.7.The district’s specific criteria and policies for a 50 portfolio as provided in subparagraph (6)(b)4. and the evidence 51 required for a student to demonstrate mastery of Florida’s 52 academic standards for English Language Arts. A parent of a 53 student in grade 3 who is identified anytime during the year as 54 being at risk of retention may request that the school 55 immediately begin collecting evidence for a portfolio. 56 7.8.The district’s specific criteria and policies for 57 midyear promotion. Midyear promotion means promotion of a 58 retained student at any time during the year of retention once 59 the student has demonstrated ability to read at grade level. 60 (6) ELIMINATION OF SOCIAL PROMOTION.— 61 (b)The district school board may only exempt students from62mandatory retention, as provided in paragraph (5)(b), for good63cause.A student who is promoted to grade 4 with a good cause 64 exemption shall be provided intensive reading instruction and 65 intervention that include specialized diagnostic information and 66 specific reading strategies to meet the needs of each student so 67 promoted. The school district shall assist schools and teachers 68 with the implementation of reading strategies for students 69 promoted with a good cause exemption which research has shown to 70 be successful in improving reading among students who have 71 reading difficulties. Good cause exemptions are limited to the 72 following: 73 1. Limited English proficient students who have had less 74 than 2 years of instruction in an English for Speakers of Other 75 Languages program based on the initial date of entry into a 76 school in the United States. 77 2. Students with disabilities whose individual education 78 plan indicates that participation in the statewide assessment 79 program is not appropriate, consistent with the requirements of 80 s. 1008.212. 81 3. Students who demonstrate an acceptable level of 82 performance on an alternative standardized reading or English 83 Language Arts assessment approved by the State Board of 84 Education. 85 4. A student who demonstrates through a student portfolio 86 that he or she is performing at least at Level 2 on the 87 statewide, standardized English Language Arts assessment. 88 5. Students with disabilities who take the statewide, 89 standardized English Language Arts assessment and who have an 90 individual education plan or a Section 504 plan that reflects 91 that the student has received intensive instruction in reading 92 or English Language Arts for more than 2 years but still 93 demonstrates a deficiency and was previously retained in 94 kindergarten, grade 1, grade 2, or grade 3. 95 6. Students who have received intensive reading 96 intervention for 2 or more years but still demonstrate a 97 deficiency in reading and who were previously retained in 98 kindergarten, grade 1, grade 2, or grade 3 for a total of 2 99 years. A student may not be retained more than once in grade 3. 100 7. Students who have received intensive remediation in 101 reading or English Language Arts for 2 or more years but still 102 demonstrate a deficiency and who were previously retained in 103 kindergarten, grade 1, grade 2, or grade 3 for a total of 2 104 years. Intensive instruction for students so promoted must 105 include an altered instructional day that includes specialized 106 diagnostic information and specific reading strategies for each 107 student. The district school board shall assist schools and 108 teachers to implement reading strategies that research has shown 109 to be successful in improving reading among low-performing 110 readers. 111 (c) Requests for good cause exemptionsfor students from112the mandatory retention requirementas described in 113 subparagraphs (b)3. and 4. shall be made consistent with the 114 following: 115 1. Documentation shall be submitted from the student’s 116 teacher to the school principal that indicates that the 117 promotion of the student is appropriate and is based upon the 118 student’s academic record. In order to minimize paperwork 119 requirements, such documentation shall consist only of the 120 existing progress monitoring plan, individual educational plan, 121 if applicable, report card, or student portfolio. 122 2. The school principal shall review and discuss such 123 recommendation with the teacher and make the determination as to 124 whether the student should be promoted or retained. If the 125 school principal determines that the student should be promoted, 126 the school principal shall make such recommendation in writing 127 to the district school superintendent. The district school 128 superintendent shall accept or reject the school principal’s 129 recommendation in writing. 130 (7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE 131 STUDENTS.— 132 (a) A studentStudentsretained for a reading deficiency 133under the provisions of paragraph (5)(b)must be provided 134 intensive interventions in reading to ameliorate the student’s 135 specific reading deficiency, as identified by a valid and 136 reliable diagnostic assessment. This intensive intervention must 137 include effective instructional strategies, participation in the 138 school district’s summer reading camp, and appropriate teaching 139 methodologies necessary to assist those students in becoming 140 successful readers, able to read at or above grade level, and 141 ready for promotion to the next grade. 142 (b) Each school district shall: 143 1. Provide third grade students who are retained for 144 reading deficienciesunder the provisions of paragraph (5)(b)145 with intensive instructional services and supports to remediate 146 the identified areas of reading deficiency, including 147 participation in the school district’s summer reading camp as 148 required under paragraph (a) and a minimum of 90 minutes of 149 daily, uninterrupted, scientifically research-based reading 150 instruction which includes phonemic awareness, phonics, fluency, 151 vocabulary, and comprehension and other strategies prescribed by 152 the school district, which may include, but are not limited to: 153 a. Integration of science and social studies content within 154 the 90-minute block. 155 b. Small group instruction. 156 c. Reduced teacher-student ratios. 157 d. More frequent progress monitoring. 158 e. Tutoring or mentoring. 159 f. Transition classes containing 3rd and 4th grade 160 students. 161 g. Extended school day, week, or year. 162 2. Provide written notification to the parent of a student 163 who is retained for a reading deficiencyunder the provisions of164paragraph (5)(b)that his or her child has not met the 165 proficiency level required for promotion and the reasons the 166 child is not eligible for a good cause exemption as provided in 167 paragraph (6)(b). The notification must comply with the 168 provisions of s. 1002.20(15) and must include a description of 169 proposed interventions and supports that will be provided to the 170 child to remediate the identified areas of reading deficiency. 171 3. Implement a policy for the midyear promotion of a 172 student retained for a reading deficiencyunder the provisions173of paragraph (5)(b)who can demonstrate that he or she is a 174 successful and independent reader and performing at or above 175 grade level in reading or, upon implementation of English 176 Language Arts assessments, performing at or above grade level in 177 English Language Arts. Tools that school districts may use in 178 reevaluating a student retained may include subsequent 179 assessments, alternative assessments, and portfolio reviews, in 180 accordance with rules of the State Board of Education. Students 181 promoted during the school year after November 1 must 182 demonstrate proficiency levels in reading equivalent to the 183 level necessary for the beginning of grade 4. The rules adopted 184 by the State Board of Education must include standards that 185 provide a reasonable expectation that the student’s progress is 186 sufficient to master appropriate grade 4 level reading skills. 187 4. Provide students who are retained for reading 188 deficienciesunder the provisions of paragraph (5)(b)with a 189 highly effective teacher as determined by the teacher’s 190 performance evaluation under s. 1012.34. 191 5. Establish at each school, when applicable, an Intensive 192 Acceleration Class for retained grade 3 students who 193 subsequently score Level 1 on the required statewide, 194 standardized assessment identified in s. 1008.22. The focus of 195 the Intensive Acceleration Class shall be to increase a child’s 196 reading and English Language Arts skill level at least two grade 197 levels in 1 school year. The Intensive Acceleration Class shall: 198 a. Be provided to a student in grade 3 who scores Level 1 199 on the statewide, standardized English Language Arts assessment 200 and who was retained in grade 3 the prior year because of 201 scoring Level 1. 202 b. Have a reduced teacher-student ratio. 203 c. Provide uninterrupted reading instruction for the 204 majority of student contact time each day and incorporate 205 opportunities to master the grade 4 Next Generation Sunshine 206 State Standards in other core subject areas. 207 d. Use a reading program that is scientifically research 208 based and has proven results in accelerating student reading 209 achievement within the same school year. 210 e. Provide intensive language and vocabulary instruction 211 using a scientifically research-based program, including use of 212 a speech-language therapist. 213 (8) ANNUAL REPORT.— 214 (a) In addition to the requirements in paragraph (5)(c) 215(5)(b), each district school board must annually report to the 216 parent of each student the progress of the student toward 217 achieving state and district expectations for proficiency in 218 English Language Arts, science, social studies, and mathematics. 219 The district school board must report to the parent the 220 student’s results on each statewide, standardized assessment. 221 The evaluation of each student’s progress must be based upon the 222 student’s classroom work, observations, tests, district and 223 state assessments, and other relevant information. Progress 224 reporting must be provided to the parent in writing in a format 225 adopted by the district school board. 226 Section 2. This act shall take effect July 1, 2017.