Bill Text: FL S1642 | 2014 | Regular Session | Enrolled
Bill Title: Education Accountability
Spectrum: Committee Bill
Status: (Passed) 2014-05-14 - Chapter No. 2014-23, companion bill(s) passed, see HB 7031 (Ch. 2014-39) [S1642 Detail]
Download: Florida-2014-S1642-Enrolled.html
ENROLLED 2014 Legislature CS for SB 1642, 2nd Engrossed 20141642er 1 2 An act relating to education accountability; amending 3 s. 1008.34, F.S.; providing definitions for the 4 statewide, standardized assessment program and school 5 grading system; deleting annual reports; revising 6 authority over allocation of a school’s budget based 7 on school grades; revising the basis for the 8 calculation of school grades; revising the contents of 9 the school report card; revising the basis for the 10 calculation of district grades; requiring the 11 Department of Education to develop a district report 12 card; providing for transition to the revised school 13 grading system; amending s. 1001.42, F.S.; revising 14 criteria that necessitate a school’s improvement plan 15 to include certain strategies; amending s. 1002.33, 16 F.S.; revising cross-references; amending s. 1003.621, 17 F.S.; revising cross-references; amending s. 1008.31, 18 F.S.; revising legislative intent for the K-20 19 education performance accountability system; amending 20 s. 1008.33, F.S.; conforming provisions relating to 21 school improvement and education accountability; 22 amending s. 1008.341, F.S.; revising provisions 23 relating to the school improvement rating for 24 alternative schools; amending s. 1008.3415, F.S.; 25 correcting cross-references; amending s. 1008.22, 26 F.S.; providing that a child with a medical complexity 27 may be exempt from participating in statewide, 28 standardized assessments under specified 29 circumstances; defining the term “child with a medical 30 complexity”; authorizing a parent to choose assessment 31 exemption options; specifying the assessment exemption 32 options; requiring the Commissioner of Education to 33 report to the Legislature regarding the implementation 34 of the exemption; requiring the State Board of 35 Education to adopt rules; amending s. 1008.345, F.S.; 36 revising the contents of the Commissioner of 37 Education’s report on school improvement and education 38 accountability to include student learning growth 39 information and intervention and support strategies; 40 amending s. 1011.64, F.S.; correcting a cross 41 reference; amending s. 1008.22, F.S.; authorizing use 42 of teacher-selected or principal selected assessments 43 as a form of local assessment; requiring a district 44 school board to adopt policies relating to selection, 45 development, administration, and scoring of local 46 assessments; amending s. 1012.34, F.S.; providing 47 information to be included in annual reports on the 48 approval and implementation status of school district 49 personnel evaluation systems; revising provisions 50 relating to the measurement of student learning growth 51 for purposes of personnel evaluation; conforming State 52 Board of Education rulemaking relating to performance 53 evaluations; providing for transition to new 54 statewide, standardized assessments; authorizing bonus 55 rewards to school districts for progress toward 56 educator effectiveness; amending s. 1012.341, F.S.; 57 removing rulemaking authority and establishing a 58 compliance verification process for the exemption from 59 performance evaluation system, compensation, and 60 salary schedule requirements; providing an effective 61 date. 62 63 Be It Enacted by the Legislature of the State of Florida: 64 65 Section 1. Section 1008.34, Florida Statutes, is amended to 66 read: 67 1008.34 School grading system; school report cards; 68 district grade.— 69 (1) DEFINITIONS.—For purposes of the statewide, 70 standardized assessment program and school grading system, the 71 following terms are defined: 72 (a) “Achievement level,” “student achievement,” or 73 “achievement” describes the level of content mastery a student 74 has acquired in a particular subject as measured by a statewide, 75 standardized assessment administered pursuant to s. 76 1008.22(3)(a) and (b). There are five achievement levels. Level 77 1 is the lowest achievement level, level 5 is the highest 78 achievement level, and level 3 indicates satisfactory 79 performance. A student passes an assessment if the student 80 achieves a level 3, level 4, or level 5. For purposes of the 81 Florida Alternate Assessment administered pursuant to s. 82 1008.22(3)(c), the state board shall provide, in rule, the 83 number of achievement levels and identify the achievement levels 84 that are considered passing. 85 (b) “Learning Gains,” “annual learning gains,” or “student 86 learning gains” means the degree of student learning growth 87 occurring from one school year to the next as required by state 88 board rule for purposes of calculating school grades under this 89 section. 90 (c) “Student performance,” “student academic performance,” 91 or “academic performance” includes, but is not limited to, 92 student learning growth, achievement levels, and Learning Gains 93 on statewide, standardized assessments administered pursuant to 94 s. 1008.22. 95(1) ANNUAL REPORTS.—The Commissioner of Education shall96prepare annual reports of the results of the statewide97assessment program which describe student achievement in the98state, each district, and each school. The commissioner shall99prescribe the design and content of these reports, which must100include descriptions of the performance of all schools101participating in the assessment program and all of their major102student populations as determined by the commissioner. The103report must also include the percent of students performing at104or above grade level and making learning gains in reading and105mathematics. The provisions of s. 1002.22 pertaining to student106records apply to this section.107 (2) SCHOOL GRADES.—The annual report shall identifySchools 108 shall be graded usingas havingone of the following grades, 109 defined according to rules of the State Board of Education: 110 (a) “A,” schools making excellent progress. 111 (b) “B,” schools making above average progress. 112 (c) “C,” schools making satisfactory progress. 113 (d) “D,” schools making less than satisfactory progress. 114 (e) “F,” schools failing to make adequate progress. 115 116 Each school that earns a grade of “A” or improves at least two 117 letter grades mayshallhave greater authority over the 118 allocation of the school’s total budget generated from the FEFP, 119 state categoricals, lottery funds, grants, and local funds, as120specified in state board rule.The rule must provide that the121increased budget authority shall remain in effect until the122school’s grade declines.123 (3) DESIGNATION OF SCHOOL GRADES.— 124 (a) Each school must assess at least 95 percent of its 125 eligible students, except as provided under s. 1008.341 for 126 alternative schools.Beginning with the 2013-2014 school year,127 Each schoolthat has students who are tested and included in the128school grading systemshall receive a school grade based on the 129 school’s performance on the components listed in subparagraphs 130 (b)1. and 2. If a school does not have at least 10 students with 131 complete data for one or more of the components listed in 132 subparagraphs (b)1. and 2., those components may not be used in 133 calculating the school’s grade.if the number of its students134tested on statewide assessments pursuant to s. 1008.22 meets or135exceeds the minimum sample size of 10, except as follows:136 1. An alternative school may choose to receive a school 137 grade under this section or a school improvement rating under s. 138 1008.341. For charter schools that meet the definition of an 139 alternative school pursuant to State Board of Education rule, 140 the decision to receive a school grade is the decision of the 141 charter school governing board. 142 2. A school that serves any combination of students in 143 kindergarten through grade 3 thatwhichdoes not receive a 144 school grade because its students are not tested and included in 145 the school grading system shall receive the school grade 146 designation of a K-3 feeder pattern school identified by the 147 Department of Education and verified by the school district. A 148 school feeder pattern exists if at least 60 percent of the 149 students in the school serving a combination of students in 150 kindergarten through grade 3 are scheduled to be assigned to the 151 graded school. 152 3. If a collocated school does not earn a school grade or 153 school improvement rating for the performance of its students, 154 the student performance data of all schools operating at the 155 same facility must be aggregated to develop a school grade that 156 will be assigned to all schools at that location. A collocated 157 school is a school that has its own unique master school 158 identification number, provides for the education of each of its 159 enrolled students, and operates at the same facility as another 160 school that has its own unique master school identification 161 number and provides for the education of each of its enrolled 162 students. 163 (b)1. Beginning with the 2014-2015 school year, a school’s 164 grade shall be based on the following components, each worth 100 165 pointsa combination of: 166 a. The percentage of eligible students passingStudent167achievement scores onstatewide, standardized assessments in 168 English Language Arts under s. 1008.22(3)1008.22 and169achievement scores for students seeking a special diploma. 170 b. The percentage of eligible students passing statewide, 171 standardized assessments in mathematics under s. 1008.22(3). 172 c. The percentage of eligible students passing statewide, 173 standardized assessments in science under s. 1008.22(3). 174 d. The percentage of eligible students passing the 175 statewide, standardized assessments in social studies under s. 176 1008.22(3). 177 e.b.The percentage of eligible students who makeStudent178 Learning Gains inFCAT Reading or, upon transition to common179core assessments, the common coreEnglish Language Artsand180Mathematics assessmentsas measured by statewide, standardized 181 assessments administered underpursuant tos. 1008.22(3) 1821008.22, including learning gains for students seeking a special183diploma, as measured by an alternate assessment. 184 f. The percentage of eligible students who make Learning 185 Gains in mathematics as measured by statewide, standardized 186 assessments administered under s. 1008.22(3). 187 g.c.The percentage of eligible students inImprovement of188 the lowest 25 percent in English Language Arts, as identified by 189 prior year performance on statewide, standardized assessments, 190 who make Learning Gains as measured by statewide, standardized 191 English Language Arts assessments administered under s. 192 1008.22(3)25th percentile of students in the school in reading193or, upon transition to common core assessments, English Language194Arts and Mathematics assessments administered pursuant to s.1951008.22, unless these students are exhibiting satisfactory196performance. 197 h. The percentage of eligible students in the lowest 25 198 percent in mathematics, as identified by prior year performance 199 on statewide, standardized assessments, who make Learning Gains 200 as measured by statewide, standardized mathematics assessments 201 administered under s. 1008.22(3). 202 i. For schools comprised of middle grades 6 through 8 or 203 grades 7 and 8, the percentage of eligible students passing high 204 school level statewide, standardized end-of-course assessments 205 or attaining national industry certifications identified in the 206 Industry Certification Funding List pursuant to rules adopted by 207 the State Board of Education. 208 209 In calculating Learning Gains for the components listed in sub 210 subparagraphs e.-h., the State Board of Education shall require 211 that learning growth toward achievement levels 3, 4, and 5 is 212 demonstrated by students who scored below each of those levels 213 in the prior year. In calculating the components in sub 214 subparagraphs a.-d., the state board shall include the 215 performance of English language learners only if they have been 216 enrolled in a school in the United States for more than 2 years. 2172. Beginning with the 2011-2012 school year, for schools218comprised of middle grades 6 through 8 or grades 7 and 8, the219school’s grade shall include the performance and participation220of its students enrolled in high school level courses with221statewide, standardized assessments administered under s.2221008.22. Performance and participation must be weighted equally.223As valid data becomes available, the school grades shall include224the students’ attainment of national industry certification225identified in the Industry Certification Funding List pursuant226to rules adopted by the state board.227 2.3.Beginning with the 2009-2010 school yearFor a school 228schoolscomprised ofhigh schoolgrades 9, 10, 11, and 12, or 229 grades 10, 11, and 12, the school’s gradeat least 50 percent of230the school gradeshall also be based ona combination of the231factors listed in sub-subparagraphs 1.a.-c. and the remaining232percentage onthe following components, each worth 100 points 233factors: 234 a. The 4-year high school graduation rate of the school as 235 defined by state board rule.;236 b. The percentage of students who were eligible to earn 237 college and career credit throughAs valid data becomes238available, the performance and participation of the school’s239students inCollege Board Advanced Placement examinations 240courses, International Baccalaureate examinationscourses, dual 241 enrollment courses, orandAdvanced International Certificate of 242 Education examinationscourses; or who, at any time during high 243 school, earnedand the students’ achievement ofnational 244 industry certification identified in the Industry Certification 245 Funding List, pursuant to rules adopted by the state board.;246 (c)1. The calculation of a school grade shall be based on 247 the percentage of points earned from the components listed in 248 subparagraph (b)1. and, if applicable, subparagraph (b)2. The 249 State Board of Education shall adopt in rule a school grading 250 scale that sets the percentage of points needed to earn each of 251 the school grades listed in subsection (2). There shall be at 252 least five percentage points separating the percentage 253 thresholds needed to earn each of the school grades. The state 254 board shall periodically review the school grading scale to 255 determine if the scale should be adjusted upward to meet raised 256 expectations and encourage increased student performance. If the 257 state board adjusts the grading scale upward, the state board 258 must inform the public and the school districts of the reasons 259 for and degree of the adjustment and its anticipated impact on 260 school grades. 261 2. The calculation of school grades may not include any 262 provision that would raise or lower the school’s grade beyond 263 the percentage of points earned. Extra weight may not be added 264 in the calculation of any components. 265c. Postsecondary readiness of all of the school’s on-time266graduates as measured by the SAT, the ACT, the Postsecondary267Education Readiness Test, or the common placement test;268d. The high school graduation rate of at-risk students, who269score Level 1 or Level 2 on grade 8 FCAT Reading or the English270Language Arts and mathematics assessments administered under s.2711008.22;272e. As valid data becomes available, the performance of the273school’s students on statewide, standardized end-of-course274assessments administered under s. 1008.22(3)(b)4. and 5.; and275f. The growth or decline in the components listed in sub276subparagraphs a.-e. from year to year.277(c) Student assessment data used in determining school278grades shall include:2791. The aggregate scores of all eligible students enrolled280in the school who have been assessed on statewide, standardized281assessments in courses required for high school graduation,282including, beginning with the 2011-2012 school year, the end-of283course assessment in Algebra I; and beginning with the 2012-2013284school year, the end-of-course assessments in Geometry and285Biology I; and beginning with the 2014-2015 school year, on the286statewide, standardized end-of-course assessment in civics287education at the middle grades level.2882. The aggregate scores of all eligible students enrolled289in the school who have been assessed on statewide, standardized290assessments under s. 1008.22 and who have scored at or in the291lowest 25th percentile of students in the school in reading and292mathematics, unless these students are exhibiting satisfactory293performance.294 (d) The performance of students attending alternative 295 schools and students designated as hospital or homebound shall 296 be factored into a school grade as follows: 297 1.3.The student performance data forachievement scores298and learning gains ofeligible students attending alternative 299 schools that provide dropout prevention and academic 300 intervention services pursuant to s. 1003.53 shall be included 301 in the calculation of the home school’s grade. The term 302 “eligible students” in this subparagraph does not include 303 students attending an alternative school who are subject to 304 district school board policies for expulsion for repeated or 305 serious offenses, who are in dropout retrieval programs serving 306 students who have officially been designated as dropouts, or who 307 are in programs operated or contracted by the Department of 308 Juvenile Justice.The student performance data for eligible309students identified in this subparagraph shall be included in310the calculation of the home school’s grade.As used in this 311 subparagraph and s. 1008.341, the term “home school” means the 312 school to which the student would be assigned if the student 313 were not assigned to an alternative school. If an alternative 314 school chooses to be graded under this section, student 315 performance data for eligible students identified in this 316 subparagraph shall not be included in the home school’s grade 317 but shall be included only in the calculation of the alternative 318 school’s grade. A school district that fails to assign 319 statewide, standardized end-of-course assessment scores of each 320 of its students to his or her home school or to the alternative 321 school that receives a grade shall forfeit Florida School 322 Recognition Program funds for one1fiscal year. School 323 districts must require collaboration between the home school and 324 the alternative school in order to promote student success. This 325 collaboration must include an annual discussion between the 326 principal of the alternative school and the principal of each 327 student’s home school concerning the most appropriate school 328 assignment of the student. 329 2.4.Student performance data forThe achievement scores330and learning gains ofstudents designated as hospital or 331 homeboundhospital- or homebound. Student assessment data for332students designated as hospital- or homeboundshall be assigned 333 to their home school for the purposes of school grades. As used 334 in this subparagraph, the term “home school” means the school to 335 which a student would be assigned if the student were not 336 assigned to a hospital or homeboundhospital- or homebound337 program. 3385. For schools comprised of high school grades 9, 10, 11,339and 12, or grades 10, 11, and 12, the data listed in340subparagraphs 1.-3. and the following data as the Department of341Education determines such data are valid and available:342a. The high school graduation rate of the school as343calculated by the department;344b. The participation rate of all eligible students enrolled345in the school and enrolled in College Board Advanced Placement346courses; International Baccalaureate courses; dual enrollment347courses; Advanced International Certificate of Education348courses; and courses or sequences of courses leading to national349industry certification identified in the Industry Certification350Funding List, pursuant to rules adopted by the State Board of351Education;352c. The aggregate scores of all eligible students enrolled353in the school in College Board Advanced Placement courses,354International Baccalaureate courses, and Advanced International355Certificate of Education courses;356d. Earning of college credit by all eligible students357enrolled in the school in dual enrollment programs under s.3581007.271;359e. Earning of a national industry certification identified360in the Industry Certification Funding List, pursuant to rules361adopted by the State Board of Education;362f. The aggregate scores of all eligible students enrolled363in the school in reading, mathematics, and other subjects as364measured by the SAT, the ACT, the Postsecondary Education365Readiness Test, and the common placement test for postsecondary366readiness;367g. The high school graduation rate of all eligible at-risk368students enrolled in the school who scored Level 2 or lower on369grade 8 FCAT Reading and FCAT Mathematics;370h. The performance of the school’s students on statewide,371standardized end-of-course assessments administered under s.3721008.22(3)(b)4. and 5.; and373i. The growth or decline in the data components listed in374sub-subparagraphs a.-h. from year to year.375 376The State Board of Education shall adopt appropriate criteria377for each school grade. The criteria must also give added weight378to student achievement in reading. Schools earning a grade of379“C,” making satisfactory progress, shall be required to380demonstrate that adequate progress has been made by students in381the school who are in the lowest 25th percentile in reading and382mathematics on statewide, standardized assessments under s.3831008.22, unless these students are exhibiting satisfactory384performance. For schools comprised of high school grades 9, 10,38511, and 12, or grades 10, 11, and 12, the criteria for school386grades must also give added weight to the graduation rate of all387eligible at-risk students. In order for a high school to earn a388grade of “A,” the school must demonstrate that its at-risk389students, as defined in this paragraph, are making adequate390progress.391(4) SCHOOL IMPROVEMENT RATINGS.—The annual report shall392identify each school’s performance as having improved, remained393the same, or declined. This school improvement rating shall be394based on a comparison of the current year’s and previous year’s395student and school performance data. A school that improves its396rating by at least one level is eligible for school recognition397awards pursuant to s. 1008.36.398 (4)(5)SCHOOL REPORT CARD.—The Department of Education 399 shall annually develop, in collaboration with the school 400 districts, a school report card to be provided by the school 401 district to parents within the district. The report card shall 402 include the school’s grade; student performance in English 403 Language Arts, mathematics, science, and social studies;,404 information regarding school improvement;,an explanation of 405 school performance as evaluated by the federal Elementary and 406 Secondary Education Act (ESEA), 20 U.S.C. ss. 6301 et seq.;,and 407 indicators of return on investment. Each school’s report card 408 shall be published annually by the department on its website 409 based upon the most recent data available. 410(6) PERFORMANCE-BASED FUNDING.—The Legislature may factor411in the performance of schools in calculating any performance412based funding policy that is provided for annually in the413General Appropriations Act.414 (5)(7)DISTRICT GRADE.—The annual report required by415subsection (1) shall include the school district’s grade.416 Beginning with the 2014-2015 school year, a school district’s 417 grade shall include a district-level calculation of the 418 components under paragraph (3)(b)be calculated using student419performance and learning gains data on statewide assessments420used for determining school grades under subparagraph (3)(b)1.421for each eligible student enrolled for a full school year in the422district. This calculation methodology captures each eligible 423 student in the district who may have transferred among schools 424 within the district or is enrolled in a school that does not 425 receive a grade. The department shall develop a district report 426 card that includes the district grade; the information required 427 under s. 1008.345(5); measures of the district’s progress in 428 closing the achievement gap between higher-performing student 429 subgroups and lower-performing student subgroups; measures of 430 the district’s progress in demonstrating Learning Gains of its 431 highest-performing students; measures of the district’s success 432 in improving student attendance; the district’s grade-level 433 promotion of students scoring achievement levels 1 and 2 on 434 statewide, standardized English Language Arts and mathematics 435 assessments; and measures of the district’s performance in 436 preparing students for the transition from elementary to middle 437 school, middle to high school, and high school to postsecondary 438 institutions and careers. 439 (6)(8)RULES.—The State Board of Education shall adopt 440 rules under ss. 120.536(1) and 120.54 to administer this 441 section. 442 (7) TRANSITION.—School grades and school improvement 443 ratings pursuant to s. 1008.341 for the 2013-2014 school year 444 shall be calculated based on statutes and rules in effect on 445 June 30, 2014. To assist in the transition to 2014-2015 school 446 grades, calculated based on new statewide, standardized 447 assessments administered pursuant to s. 1008.22, the 2014-2015 448 school grades shall serve as an informational baseline for 449 schools to work toward improved performance in future years. 450 Accordingly, notwithstanding any other provision of law: 451 (a) A school may not be required to select and implement a 452 turnaround option pursuant to s. 1008.33 in the 2015-2016 school 453 year based on the school’s 2014-2015 grade or school improvement 454 rating under s. 1008.341, as applicable. 455 (b)1. A school or approved provider under s. 1002.45 that 456 receives the same or a lower school grade or school improvement 457 rating for the 2014-2015 school year compared to the 2013-2014 458 school year is not subject to sanctions or penalties that would 459 otherwise occur as a result of the 2014-2015 school grade or 460 rating. A charter school system or a school district designated 461 as high performing may not lose the designation based on the 462 2014-2015 school grades of any of the schools within the charter 463 school system or school district, as applicable. 464 2. The Florida School Recognition Program established under 465 s. 1008.36 shall continue to be implemented as otherwise 466 provided in the General Appropriations Act. 467 (c) For purposes of determining grade 3 retention pursuant 468 to s. 1008.25(5) and high school graduation pursuant to s. 469 1003.4282, student performance on the 2014-2015 statewide, 470 standardized assessments shall be linked to 2013-2014 student 471 performance expectations. 472 473 This subsection is repealed July 1, 2017. 474 Section 2. Subsection (18) of section 1001.42, Florida 475 Statutes, is amended to read: 476 1001.42 Powers and duties of district school board.—The 477 district school board, acting as a board, shall exercise all 478 powers and perform all duties listed below: 479 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY. 480 Maintain astatesystem of school improvement and education 481 accountability as provided by statute and State Board of 482 Education rule. This system of school improvement and education 483 accountability shall be consistent with, and implemented 484 through, the district’s continuing system of planning and 485 budgeting required by this section and ss. 1008.385, 1010.01, 486 and 1011.01. This system of school improvement and education 487 accountability shall comply with the provisions of ss. 1008.33, 488 1008.34, 1008.345, and 1008.385 and include the following: 489 (a) School improvement plans.—The district school board 490 shall annually approve and require implementation of a new, 491 amended, or continuation school improvement plan for each school 492 in the district. If a school has a significant gap in 493 achievement on statewide, standardized assessments administered 494 pursuant to s. 1008.221008.34(3)(b)by one or more student 495 subgroups, as defined in the federal Elementary and Secondary 496 Education Act (ESEA), 20 U.S.C. s. 6311(b)(2)(C)(v)(II); has not 497 significantly increaseddecreasedthe percentage of students 498 passingscoring below satisfactory onstatewide, standardized 499 assessments; has not significantly increased the percentage of 500 students demonstrating Learning Gains, as defined in s. 1008.34 501 and as calculated under s. 1008.34(3)(b), who passed statewide, 502 standardized assessments; or has significantly lower graduation 503 rates for a subgroup when compared to the state’s graduation 504 rate, that school’s improvement plan shall include strategies 505 for improving these results. The state board shall adopt rules 506 establishing thresholds and for determining compliance with this 507 paragraph. 508 (b) Public disclosure.—The district school board shall 509 provide information regarding the performance of students and 510 educational programs as required pursuant to ss. 1008.22 and 511 1008.385 and implement a system of school reports as required by 512 statute and State Board of Education rule which shall include 513 schools operating for the purpose of providing educational 514 services to youth in Department of Juvenile Justice programs, 515 and for those schools, report on the elements specified in s. 516 1003.52(19). Annual public disclosure reports shall be in an 517 easy-to-read report card format and shall include the school’s 518 grade, high school graduation rate calculated without GED tests, 519 disaggregated by student ethnicity, and performance data as 520 specified in state board rule. 521 (c) School improvement funds.—The district school board 522 shall provide funds to schools for developing and implementing 523 school improvement plans. Such funds shall include those funds 524 appropriated for the purpose of school improvement pursuant to 525 s. 24.121(5)(c). 526 Section 3. Paragraph (n) of subsection (9) and paragraph 527 (b) of subsection (21) of section 1002.33, Florida Statutes, are 528 amended to read: 529 1002.33 Charter schools.— 530 (9) CHARTER SCHOOL REQUIREMENTS.— 531 (n)1. The director and a representative of the governing 532 board of a charter school that has earned a grade of “D” or “F” 533 pursuant to s. 1008.341008.34(2)shall appear before the 534 sponsor to present information concerning each contract 535 component having noted deficiencies. The director and a 536 representative of the governing board shall submit to the 537 sponsor for approval a school improvement plan to raise student 538 performanceachievement. Upon approval by the sponsor, the 539 charter school shall begin implementation of the school 540 improvement plan. The department shall offer technical 541 assistance and training to the charter school and its governing 542 board and establish guidelines for developing, submitting, and 543 approving such plans. 544 2.a. If a charter school earns three consecutive grades of 545 “D,” two consecutive grades of “D” followed by a grade of “F,” 546 or two nonconsecutive grades of “F” within a 3-year period, the 547 charter school governing board shall choose one of the following 548 corrective actions: 549 (I) Contract for educational services to be provided 550 directly to students, instructional personnel, and school 551 administrators, as prescribed in state board rule; 552 (II) Contract with an outside entity that has a 553 demonstrated record of effectiveness to operate the school; 554 (III) Reorganize the school under a new director or 555 principal who is authorized to hire new staff; or 556 (IV) Voluntarily close the charter school. 557 b. The charter school must implement the corrective action 558 in the school year following receipt of a third consecutive 559 grade of “D,” a grade of “F” following two consecutive grades of 560 “D,” or a second nonconsecutive grade of “F” within a 3-year 561 period. 562 c. The sponsor may annually waive a corrective action if it 563 determines that the charter school is likely to improve a letter 564 grade if additional time is provided to implement the 565 intervention and support strategies prescribed by the school 566 improvement plan. Notwithstanding this sub-subparagraph, a 567 charter school that earns a second consecutive grade of “F” is 568 subject to subparagraph 4. 569 d. A charter school is no longer required to implement a 570 corrective action if it improves by at least one letter grade. 571 However, the charter school must continue to implement 572 strategies identified in the school improvement plan. The 573 sponsor must annually review implementation of the school 574 improvement plan to monitor the school’s continued improvement 575 pursuant to subparagraph 5. 576 e. A charter school implementing a corrective action that 577 does not improve by at least one letter grade after 2 full 578 school years of implementing the corrective action must select a 579 different corrective action. Implementation of the new 580 corrective action must begin in the school year following the 581 implementation period of the existing corrective action, unless 582 the sponsor determines that the charter school is likely to 583 improve a letter grade if additional time is provided to 584 implement the existing corrective action. Notwithstanding this 585 sub-subparagraph, a charter school that earns a second 586 consecutive grade of “F” while implementing a corrective action 587 is subject to subparagraph 4. 588 3. A charter school with a grade of “D” or “F” that 589 improves by at least one letter grade must continue to implement 590 the strategies identified in the school improvement plan. The 591 sponsor must annually review implementation of the school 592 improvement plan to monitor the school’s continued improvement 593 pursuant to subparagraph 5. 594 4. The sponsor shall terminate a charter if the charter 595 school earns two consecutive grades of “F” unless: 596 a. The charter school is established to turn around the 597 performance of a district public school pursuant to s. 598 1008.33(4)(b)3. Such charter schools shall be governed by s. 599 1008.33; 600 b. The charter school serves a student population the 601 majority of which resides in a school zone served by a district 602 public school that earned a grade of “F” in the year before the 603 charter school opened and the charter school earns at least a 604 grade of “D” in its third year of operation. The exception 605 provided under this sub-subparagraph does not apply to a charter 606 school in its fourth year of operation and thereafter; or 607 c. The state board grants the charter school a waiver of 608 termination. The charter school must request the waiver within 609 15 days after the department’s official release of school 610 grades. The state board may waive termination if the charter 611 school demonstrates that the Learning Gains of its students on 612 statewide assessments are comparable to or better than the 613 Learning Gains of similarly situated students enrolled in nearby 614 district public schools. The waiver is valid for 1 year and may 615 only be granted once. Charter schools that have been in 616 operation for more than 5 years are not eligible for a waiver 617 under this sub-subparagraph. 618 5. The director and a representative of the governing board 619 of a graded charter school that has implemented a school 620 improvement plan under this paragraph shall appear before the 621 sponsor at least once a year to present information regarding 622 the progress of intervention and support strategies implemented 623 by the school pursuant to the school improvement plan and 624 corrective actions, if applicable. The sponsor shall communicate 625 at the meeting, and in writing to the director, the services 626 provided to the school to help the school address its 627 deficiencies. 628 6. Notwithstanding any provision of this paragraph except 629 sub-subparagraphs 4.a.-c., the sponsor may terminate the charter 630 at any time pursuant to subsection (8). 631 (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.— 632 (b)1. The Department of Education shall report to each 633 charter school receiving a school grade pursuant to s. 1008.34 634 or a school improvement rating pursuant to s. 1008.341 the 635 school’s student assessment datapursuant to s. 1008.34(3)(c)636which is reported to schools that receive a school grade or637student assessment data pursuant to s. 1008.341(3) which is638reported to alternative schools that receive a school639improvement rating to each charter school that:640a. Does not receive a school grade pursuant to s. 1008.34641or a school improvement rating pursuant to s. 1008.341; and642b. Serves at least 10 students who are tested on the643statewide assessment test pursuant to s. 1008.22. 644 2. The charter school shall report the information in 645 subparagraph 1. to each parent of a student at the charter 646 school, the parent of a child on a waiting list for the charter 647 school, the district in which the charter school is located, and 648 the governing board of the charter school. This paragraph does 649 not abrogate the provisions of s. 1002.22, relating to student 650 records, or the requirements of 20 U.S.C. s. 1232g, the Family 651 Educational Rights and Privacy Act. 652 3.a. Pursuant to this paragraph, the Department of 653 Education shall compare the charter school student performance 654 data for each charter school in subparagraph 1. with the student 655 performance data in traditional public schools in the district 656 in which the charter school is located and other charter schools 657 in the state. For alternative charter schools, the department 658 shall compare the student performance data described in this 659 paragraph with all alternative schools in the state. The 660 comparative data shall be provided by the following grade 661 groupings: 662 (I) Grades 3 through 5; 663 (II) Grades 6 through 8; and 664 (III) Grades 9 through 11. 665 b. Each charter school shall provide the information 666 specified in this paragraph on its Internet website and also 667 provide notice to the public at large in a manner provided by 668 the rules of the State Board of Education. The State Board of 669 Education shall adopt rules to administer the notice 670 requirements of this subparagraph pursuant to ss. 120.536(1) and 671 120.54. The website shall include, through links or actual 672 content, other information related to school performance. 673 Section 4. Paragraphs (a) and (d) of subsection (1) of 674 section 1003.621, Florida Statutes, are amended to read: 675 1003.621 Academically high-performing school districts.—It 676 is the intent of the Legislature to recognize and reward school 677 districts that demonstrate the ability to consistently maintain 678 or improve their high-performing status. The purpose of this 679 section is to provide high-performing school districts with 680 flexibility in meeting the specific requirements in statute and 681 rules of the State Board of Education. 682 (1) ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.— 683 (a) A school district is an academically high-performing 684 school district if it meets the following criteria: 685 1.a.Beginning with the 2004-2005 school year,Earns a 686 grade of “A” under s. 1008.341008.34(7)for 2 consecutive 687 years; and 688 b. Has no district-operated school that earns a grade of 689 “F” under s. 1008.34; 690 2. Complies with all class size requirements in s. 1, Art. 691 IX of the State Constitution and s. 1003.03; and 692 3. Has no material weaknesses or instances of material 693 noncompliance noted in the annual financial audit conducted 694 pursuant to s. 11.45 or s. 218.39. 695 (d) In order to maintain the designation as an academically 696 high-performing school district pursuant to this section, a 697 school district must meet the following requirements: 698 1. Comply with the provisions of subparagraphs (a)2. and 699 3.; and 700 2. Earn a grade of “A” under s. 1008.341008.34(7)for 2 701 years within a 3-year period. 702 703 However, a district in which a district-operated school earns a 704 grade of “F” under s. 1008.34 during the 3-year period may not 705 continue to be designated as an academically high-performing 706 school district during the remainder of that 3-year period. The 707 district must meet the criteria in paragraph (a) in order to be 708 redesignated as an academically high-performing school district. 709 Section 5. Paragraph (b) of subsection (1) of section 710 1008.31, Florida Statutes, is amended to read: 711 1008.31 Florida’s K-20 education performance accountability 712 system; legislative intent; mission, goals, and systemwide 713 measures; data quality improvements.— 714 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 715 that: 716 (b) The K-20 education performance accountability system be 717 established as a single, unified accountability system with 718 multiple components, including, but not limited to,measures of719adequate yearly progress, individualstudent performance 720learning gainsin public schools and,school and district 721 grades, and return on investment. 722 Section 6. Subsection (2) of section 1008.33, Florida 723 Statutes, is amended to read: 724 1008.33 Authority to enforce public school improvement.— 725 (2)(a) Pursuant to subsection (1) and ss. 1008.34, 726 1008.345, and 1008.385, the State Board of Education shall hold 727 all school districts and public schools accountable for student 728 performance. The state board is responsible for a state system 729 of school improvement and education accountability that assesses 730 student performance by school, identifies schools thatin which731studentsare not meeting accountabilitymaking adequate progress732toward statestandards, and institutes appropriate measures for 733 enforcing improvement. 734 (b) The state system of school improvement and education 735 accountability must provide for uniform accountability 736 standards, provide assistance of escalating intensity tolow737performingschools not meeting accountability standards, direct 738 support to schools in order to improve and sustain performance, 739 focus on the performance of student subgroups, and enhance 740 student performance. 741 (c) School districts must be held accountable for improving 742 the academic performanceachievementof all students and for 743 identifying and improvingturning around low-performingschools 744 that fail to meet accountability standards. 745 Section 7. Subsections (2), (3), and (4) of section 746 1008.341, Florida Statutes, are amended to read: 747 1008.341 School improvement rating for alternative 748 schools.— 749 (2) SCHOOL IMPROVEMENT RATING.—An alternative school is a 750 school that provides dropout prevention and academic 751 intervention services pursuant to s. 1003.53. An alternative 752 school shall receive a school improvement rating pursuant to 753 this section unless the school earns a school grade pursuant to 754 s. 1008.34. AnBeginning with the 2013-2014 school year, each755 alternative school that chooses to receive a school improvement 756 rating shall receive a school improvement rating if the number 757 of its students for whom student performance data on statewide, 758 standardized assessments pursuant to s. 1008.22 which is 759 available for the current year and previous year meets or 760 exceeds the minimum sample size of 10. If an alternative school 761 does not have at least 10 students with complete data for a 762 component listed in subsection (3), that component may not be 763 used in calculating the school’s improvement rating. The 764 calculation of the school improvement rating shall be based on 765 the percentage of points earned from the components listed in 766 subsection (3). An alternative school that tests at least 80 767 percent of its students may receive a school improvement rating. 768 If an alternative school tests less than 90 percent of its 769 students, the school may not earn a rating higher than 770 “maintaining.” Beginning with the 2016-2017 school year, if an 771 alternative school does not meet the requirements for the 772 issuance of a school improvement rating in the current year, and 773 has failed to receive a school improvement rating for the prior 774 2 consecutive years, the school shall receive a rating for the 775 current year based upon a compilation of all student Learning 776 Gains, for all grade levels, for those 3 years. Likewise, if the 777 school fails to meet the requirements for a rating the following 778 year or any year thereafter, the school’s rating shall be based 779 on a compilation of student Learning Gains achieved during the 780 current and prior 2 years. The school improvement rating shall 781 identify an alternative school as having one of the following 782 ratings defined according to rules of the State Board of 783 Education: 784 (a) “Commendable”“Improving”means a significant 785 percentage of the students attending the school are making 786 Learning Gainsmore academic progress than when the students787were served in their home schools. 788 (b) “Maintaining” means a sufficient percentage of the 789 students attending the school are making Learning Gainsprogress790equivalent to the progress made when the students were served in791their home schools. 792 (c) “Unsatisfactory”“Declining”means an insufficient 793 percentage of the students attending the school are making 794 Learning Gainsless academic progress than when the students795were served in their home schools. 796 797The school improvement rating shall be based on a comparison of798student performance data for the current year and previous year.799 Schools that improve at least one level or maintain a 800 “commendable”an “improving”rating pursuant to this section are 801 eligible for school recognition awards pursuant to s. 1008.36. 802 (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student 803 Learning Gainsdata used in determining an alternative school’s804school improvement rating shall include:805(a)studentperformance resultsbased on statewide, 806 standardized assessments, including retakes, administered under 807 s. 1008.22 for all eligible students who were assigned to and 808 enrolled in the school during the October or February FTE count 809 and who have assessment scores or comparable scores for the 810 preceding school year shall be used in determining an 811 alternative school’s school improvement rating. An alternative 812 school’s rating shall be based on the following components: 813 (a) The percentage of eligible students who make Learning 814 Gains in English Language Arts as measured by statewide, 815 standardized assessments under s. 1008.22(3). 816 (b) The percentage of eligible students who make Learning 817 Gains in mathematics as measured by statewide, standardized 818 assessments under s. 1008.22(3)Student performance results819based on statewide, standardized assessments, including retakes,820administered under s. 1008.22 for all eligible students who were821assigned to and enrolled in the school during the October or822February FTE count and who have scored in the lowest 25th823percentile of students in the state on FCAT Reading. 824 825 Student performance results of students who are subject to 826 district school board policies for expulsion for repeated or 827 serious offenses, who are in dropout retrieval programs serving 828 students who have officially been designated as dropouts, or who 829 are in programs operated or contracted by the Department of 830 Juvenile Justice may not be included in an alternative school’s 831 school improvement rating. 832 (4) IDENTIFICATION OF STUDENT LEARNING GAINS.—For each 833 alternative school receiving a school improvement rating, the 834 Department of Education shall annually identify the percentage 835 of students making Learning Gains consistent with the provisions 836 in s. 1008.34(3)as compared to the percentage of the same837students making learning gains in their home schools in the year838prior to being assigned to the alternative school. 839 Section 8. Subsection (2) of section 1008.3415, Florida 840 Statutes, is amended to read: 841 1008.3415 School grade or school improvement rating for 842 exceptional student education centers.— 843 (2) Notwithstanding s. 1008.341008.34(3)(c)3., the 844 achievement levelsscoresand Learning Gains of a student with a 845 disability who attends an exceptional student education center 846 and has not been enrolled in or attended a public school other 847 than an exceptional student education center for grades K-12 848 within the school district shall not be included in the 849 calculation of the home school’s grade if the student is 850 identified as an emergent student on the alternate assessment 851 tool described in s. 1008.22(3)(c)1008.22(3)(c)13. 852 Section 9. Present subsections (9) and (10) of section 853 1008.22, Florida Statutes, are renumbered as subsections (10) 854 and (11), respectively, and a new subsection (9) is added to 855 that section, to read: 856 1008.22 Student assessment program for public schools.— 857 (9) CHILD WITH MEDICAL COMPLEXITY.—In addition to the 858 exemption option provided for under s. 1008.212, effective July 859 1, 2014, a child with a medical complexity may be exempt from 860 participating in statewide, standardized assessments, including 861 the Florida Alternate Assessment (FAA), pursuant to the 862 provisions of this subsection. 863 (a) Definition of child with medical complexity. A child 864 with a medical complexity means a child who, based upon medical 865 documentation from a physician licensed under chapter 458 or 459 866 is medically fragile and needs intensive care due to a condition 867 such as congenital or acquired multisystem disease; has a severe 868 neurological or cognitive disorder with marked functional 869 impairment; or is technology dependent for activities of daily 870 living; and lacks the capacity to take or perform on an 871 assessment. 872 (b) Exemption options. If the parent consents in writing, 873 and the IEP team determines that the child should not be 874 assessed based upon medical documentation that the child meets 875 the definition of a child with medical complexity, then the 876 parent may choose one of the following three assessment 877 exemption options. 878 1. One-year exemption approved by the district school 879 superintendent. If the superintendent is provided written 880 documentation of parental consent and appropriate medical 881 documentation to support the IEP team’s determination that the 882 child is a child with medical complexity, then the 883 superintendent may approve a one-year exemption from all 884 statewide, standardized assessments, including the FAA. The 885 superintendent shall report annually to the district school 886 board and the Commissioner of Education the number of students 887 who are identified as a child with medical complexity who are 888 not participating in the assessment program. 889 2. One- to three-year exemption approved by the 890 Commissioner of Education. If the commissioner is provided 891 written documentation of parental consent; district school 892 superintendent approval; the IEP team’s determination that the 893 child is a child with medical complexity based upon appropriate 894 medical documentation; and all medical documentation, then the 895 commissioner may exempt the child from all statewide, 896 standardized assessments, including the FAA, for up to three 897 years. The State Board of Education shall adopt rules to 898 administer this subparagraph which must expedite the process by 899 which exemptions are reviewed and approved and which demonstrate 900 the utmost compassion and consideration for meeting the parent’s 901 and child’s needs. 902 3. Permanent exemption approved by the Commissioner of 903 Education. If the commissioner is provided written documentation 904 of parental consent; district school superintendent approval of 905 a permanent exemption; the IEP team’s determination that the 906 child is a child with medical complexity based upon appropriate 907 medical documentation and that a permanent exemption is 908 appropriate; and all medical documentation, then the 909 commissioner may approve a permanent exemption from all 910 statewide, standardized assessments, including the FAA. The 911 State Board of Education shall adopt rules to administer this 912 subparagraph which must expedite the process by which exemptions 913 are reviewed and approved and which demonstrate the utmost 914 compassion and consideration for meeting the parent’s and 915 child’s needs. 916 (c) Reporting requirements. The Commissioner of Education 917 shall annually report to the Legislature data, by district, 918 related to the implementation of this subsection at the same 919 time as results are reported regarding student performance on 920 statewide, standardized assessments. 921 Section 10. Subsection (5) of section 1008.345, Florida 922 Statutes, is amended to read: 923 1008.345 Implementation of state system of school 924 improvement and education accountability.— 925 (5) The commissioner shall report to the Legislature and 926 recommend changes in state policy necessary to foster school 927 improvement and education accountability. The report shall 928 include: 929 (a) For each school district: 930 1. The percentage of students, by school and grade level, 931 demonstrating learning growth in English Language Arts and 932 mathematics. 933 2. The percentage of students, by school and grade level, 934 in both the highest and lowest quartiles demonstrating learning 935 growth in English Language Arts and mathematics. 936 (b) Intervention and support strategies used by school 937 boards whose students in both the highest and lowest quartiles 938 exceed the statewide average learning growth for students in 939 those quartiles. 940 (c) Intervention and support strategies used by school 941 boards whose schools provide educational services to youth in 942 Department of Juvenile Justice programs that demonstrate 943 learning growth in English Language Arts and mathematics that 944 exceeds the statewide average learning growth for students in 945 those subjects.Included in the report shall be a list of the946schools, including schools operating for the purpose of947providing educational services to youth in Department of948Juvenile Justice programs, for which district school boards have949developed intervention and support strategies and an analysis of950the various strategies used by the school boards.951 952 School reports shall be distributed pursuant to this subsection 953 and s. 1001.42(18)(b) and according to rules adopted by the 954 State Board of Education. 955 Section 11. Paragraph (a) of subsection (2) of section 956 1011.64, Florida Statutes, is amended to read: 957 1011.64 School district minimum classroom expenditure 958 requirements.— 959 (2) For the purpose of implementing the provisions of this 960 section, the Legislature shall prescribe minimum academic 961 performance standards and minimum classroom expenditure 962 requirements for districts not meeting such minimum academic 963 performance standards in the General Appropriations Act. 964 (a) Minimum academic performance standards may be based on, 965 but are not limited to, district grades determined pursuant to 966 s. 1008.341008.34(7). 967 Section 12. Subsection (6) of section 1008.22, Florida 968 Statutes, is amended to read: 969 1008.22 Student assessment program for public schools.— 970 (6) LOCAL ASSESSMENTS.— 971 (a) Measurement of student performancelearning gainsin 972 all subjects and grade levels, except those subjects and grade 973 levels measured under the statewide, standardized assessment 974 program described in this section, is the responsibility of the 975 school districts. 976 (b) Except for those subjects and grade levels measured 977 under the statewide, standardized assessment program, beginning 978 with the 2014-2015 school year, each school district shall 979 administer for each course offered in the district a local 980studentassessment that measures student mastery of coursethe981 content, as described in the state-adopted course description,982 at the necessary level of rigor for the course. As adopted 983 pursuant to State Board of Education rule, course content is set 984 forth in the state standards required by s. 1003.41 and in the 985 course description. LocalSuchassessments may include: 986 1. Statewide assessments. 987 2. Other standardized assessments, including nationally 988 recognized standardized assessments. 989 3. Industry certification assessmentsexaminations. 990 4. District-developed or district-selected end-of-course 991 assessments. 992 5. Teacher-selected or principal-selected assessments. 993 (c) Each district school board must adopt policies for 994 selection, development, administration, and scoring of local 995 assessments and for collection of assessment results. Local 996 assessments implemented under subparagraphs (b)4. and 5. may 997 include a variety of assessment formats, including, but not 998 limited to, project-based assessments, adjudicated performances, 999 and practical application assignments. For all English Language 1000 Arts, mathematics, science, and social studies courses offered 1001 in the district that are used to meet graduation requirements 1002 under s. 1002.3105, s. 1003.4281, or s. 1003.4282 and that are 1003 not otherwise assessed by statewide, standardized assessments, 1004 the district school board must select the assessments described 1005 in subparagraphs (b)1.-4. 1006 (d)(c)The Commissioner of Education shall identify methods 1007 to assist and support districts in the development and 1008 acquisition of assessments required under this subsection. 1009 Methods may include developing item banks, facilitating the 1010 sharing of developed tests among school districts, acquiring 1011 assessments from state and national curriculum-area 1012 organizations, and providing technical assistance in best 1013 professional practices of test development based upon state 1014 adopted curriculum standards, administration, and security. 1015 (e)(d)Each school district shall establish schedules for 1016 the administration of any district-mandated assessment and 1017 approve the schedules as an agenda item at a district school 1018 board meeting. The school district shall publish the testing 1019 schedules on its website, clearly specifying the district 1020 mandated assessments, and report the schedules to the Department 1021 of Education by October 1 of each year. 1022 Section 13. Subsections (1), (7), and (8) of section 1023 1012.34, Florida Statutes, are amended, and subsections (9) and 1024 (10) are added to that section, to read: 1025 1012.34 Personnel evaluation procedures and criteria.— 1026 (1) EVALUATION SYSTEM APPROVAL AND REPORTING.— 1027 (a) For the purpose of increasing student academic 1028 performancelearning growthby improving the quality of 1029 instructional, administrative, and supervisory services in the 1030 public schools of the state, the district school superintendent 1031 shall establish procedures for evaluating the performance of 1032 duties and responsibilities of all instructional, 1033 administrative, and supervisory personnel employed by the school 1034 district. The district school superintendent shall provide 1035 instructional personnel the opportunity to review their class 1036 rosters for accuracy and to correct any mistakes. The district 1037 school superintendent shallannuallyreport accurate class 1038 rosters for the purpose of calculating district and statewide 1039 student performance and annually report the evaluation results 1040 of instructional personnel and school administrators to the 1041 Department of Education in addition to the information required 1042 under subsection (5). 1043 (b) The department must approve each school district’s 1044 instructional personnel and school administrator evaluation 1045 systems. The department shall monitor each district’s 1046 implementation of its instructional personnel and school 1047 administrator evaluation systems for compliance with the 1048 requirements of this section. 1049 (c) Annually, by December 1,2012,the Commissioner of 1050 Education shall report to the Governor, the President of the 1051 Senate, and the Speaker of the House of Representatives the 1052 approval and implementation status of each school district’s 1053 instructional personnel and school administrator evaluation 1054 systems. The report shall include performance evaluation results 1055 for the prior school year for instructional personnel and school 1056 administrators using the four levels of performance specified in 1057 paragraph (2)(e). The performance evaluation results for 1058 instructional personnel shall be disaggregated by classroom 1059 teachers, as defined in s. 1012.01(2)(a), excluding substitute 1060 teachers, and all other instructional personnel, as defined in 1061 s. 1012.01(2)(b)–(d). The commissioner shall include in the 1062 report each district’s performance-level standards established 1063 under subsection (7), a comparative analysis of the district’s 1064 student academic performance results and evaluation results, 1065 data reported under s. 1012.341,continue to report, by December10661 each year thereafter, each school district’sperformance1067evaluation resultsand the status of any evaluation system 1068 revisions requested by a school district pursuant to subsection 1069 (6). 1070 (7) MEASUREMENT OF STUDENT LEARNING GROWTH.— 1071 (a)By June 1, 2011,The Commissioner of Education shall 1072 approve a formula to measure individual student learning growth 1073 on the statewide, standardized assessments in English Language 1074 Arts and mathematicson the Florida Comprehensive Assessment1075Test (FCAT)administered under s. 1008.221008.22(3)(c)1. The 1076 formula must take into consideration each student’s prior 1077 academic performance. The formula must not set different 1078 expectations for student learning growth based upon a student’s 1079 gender, race, ethnicity, or socioeconomic status. In the 1080 development of the formula, the commissioner shall consider 1081 other factors such as a student’s attendance record, disability 1082 status, or status as an English language learner. The 1083 commissioner shall select additional formulas as appropriate for 1084 the remainder of the statewide assessments included under s. 1085 1008.22 and continue to select formulas as new assessments are 1086 implemented in the state system. After the commissioner approves 1087 the formula to measure individual student learning growthon the1088FCAT and as additional formulas are selected by the commissioner1089for new assessments implemented in the state system, the State 1090 Board of Education shall adopt these formulas inbyrule. 1091 (b)Beginning in the 2011-2012 school year,Each school 1092 district shall measure student learning growth using the 1093 formulasformulaapproved by the commissioner under paragraph 1094 (a) for courses associated with the statewide, standardized 1095 assessments administeredFCAT. Each school district shall1096implement the additional student learning growth measures1097selected by the commissioner under paragraph (a) for the1098remainder of the statewide assessments includedunder s. 1008.22 1099 no later than the school year immediately following the year the 1100 formula is approved by the commissioneras they become1101available.Beginning in the 2014-2015 school year,For grades 1102 and subjects not assessed by statewide, standardized assessments 1103 but otherwise assessed as required under s. 1008.22(6) 11041008.22(8), each school district shall measure performance of 1105 studentsstudent learning growthusing a methodology determined 1106 by the districtan equally appropriate formula. The department 1107 shall provide models for measuring performance of students 1108student learning growthwhich school districts may adopt. 1109 (c) For a course that is not measured by a statewide, 1110 standardized assessment, a school district may request, through 1111 the evaluation system approval process, to use a student’s 1112studentachievement levelmeasurerather thanastudent learning 1113 growthmeasureif achievement is demonstrated to be a more 1114 appropriate measure of classroom teacher performance. A school 1115 district may also request to use a combination of student 1116 learning growth and achievement, if appropriate. 1117 (d) ForIf the student learning growth ina course that is 1118 not measured by a statewide, standardized assessmentbut is1119measured by a school district assessment, a school district may 1120 request, through the evaluation system approval process, that 1121 the performance evaluation for the classroom teacher assigned to 1122 that course include the learning growth of his or her students 1123 on one or more statewide, standardized assessmentsFCAT Reading1124or FCAT Mathematics. The request must clearly explain the 1125 rationale supporting the request.However, the classroom1126teacher’s performance evaluation must give greater weight to1127student learning growth on the district assessment.1128 (e) For purposes of this section and only for the 2014-2015 1129 school year, a school district may use measurable learning 1130 targets on local assessments administered under s. 1008.22(6) to 1131 evaluate the performance of students portion of a classroom 1132 teacher’s evaluation for courses that are not assessed by 1133 statewide, standardized assessments.classroom teachers of1134courses for which the district has not implemented appropriate1135assessments under s. 1008.22(8) or for which the school district1136has not adopted an equally appropriate measure of student1137learning growth under paragraphs (b)-(d), student learning1138growth must be measured by the growth in learning of the1139classroom teacher’s students on statewide assessments, or, for1140courses in which enrolled students do not take the statewide1141assessments, measurableLearning targets must beestablished1142based upon the goals of the school improvement plan andapproved 1143 by the school principal. A district school superintendent may 1144 assign to instructional personnel in an instructional team the 1145 student learning growth of the instructional team’s students on 1146 statewide assessments. This paragraph expires July 1, 2015. 1147 (8) RULEMAKING.—The State Board of Education shall adopt 1148 rules pursuant to ss. 120.536(1) and 120.54 which establish 1149 uniform procedures for the submission, review, and approval of 1150 district evaluation systems and reporting requirements for the 1151 annual evaluation of instructional personnel and school 1152 administrators; specific, discrete standards for each 1153 performance level required under subsection (2) to ensure clear 1154 and sufficient differentiation in the performance levels and to 1155 provide consistency in meaning across school districts; the 1156 measurement of student learning growth and associated 1157 implementation procedures required under subsection (7);a1158process to permit instructional personnel to review the class1159roster for accuracy and to correct any mistakes relating to the1160identity of students for whom the individual is responsible;and 1161 a process for monitoring school district implementation of 1162 evaluation systems in accordance with this section. 1163 Specifically, the rules shall establishastudent performance 1164 levelslearning growth standardthat if not met will result in 1165 the employee receiving an unsatisfactory performance evaluation 1166 rating. In like manner, the rules shall establish a student 1167 performance levellearning growth standardthat must be met in 1168 order for an employee to receive a highly effective rating and a 1169 student learning growth standard that must be met in order for 1170 an employee to receive an effective rating. 1171 (9) TRANSITION TO NEW STATEWIDE, STANDARDIZED ASSESSMENTS. 1172 Standards for each performance level required under subsection 1173 (2) shall be established by the State Board of Education 1174 beginning with the 2015-2016 school year. 1175 (10) DISTRICT BONUS REWARDS FOR PERFORMANCE PAY BASED ON 1176 EVALUATION PROGRESS.—School districts are eligible for bonus 1177 rewards as provided for in the 2014 General Appropriations Act 1178 for making outstanding progress toward educator effectiveness, 1179 including implementation of instructional personnel salaries 1180 based on performance results under s. 1012.34 and the use of 1181 local assessment results in personnel evaluations when 1182 statewide, standardized assessments are not administered. 1183 Section 14. Section 1012.341, Florida Statutes, is amended 1184 to read: 1185 1012.341 Exemption from performance evaluation system and 1186 compensation and salary schedule requirements.— 1187 (1) Hillsborough CountyNotwithstanding any other provision1188of this act, aSchool Districtthatreceived an exemption under 1189 Florida’s Race to the Top Memorandum of Understanding for Phase 1190 2, as provided in s. (D)(2)(ii) of the memorandum. Accordingly, 1191 notwithstanding any other provision of law, Hillsborough County 1192 School District,is allowed to base 40 percent, instead of 50 1193 percent, of instructional personnel and school administrator 1194 performance evaluations upon student performancelearning growth1195 under s. 1012.34, as amended by this act. The school district is 1196 also exempt from the amendments to s. 1012.22(1)(c) made by 1197 chapter 2011-1, Laws of Floridathis act. The exemptions 1198 described in this subsection are effective beginning withfor1199 the 2011-2012 school year and until the expiration of this 1200 sectionare effective for each school year thereafter if the1201school district receives annual approval by the State Board of1202Education. 1203 (2) By October 1, 2014, and by October 1 annually 1204 thereafter, the superintendent of Hillsborough County School 1205 District shall attest, in writing, to the Commissioner of 1206 Education thatThe State Board of Education shall base its1207approval upon demonstration by the school district of the1208following: 1209 (a) The instructional personnel and school administrator 1210 evaluation systems base at least 40 percent of an employee’s 1211 performance evaluation upon student performance and that student 1212 performance is the single greatest component of an employee’s 1213 evaluation. 1214 (b) The instructional personnel and school administrator 1215 evaluation systems adopt the Commissioner of Education’s student 1216 learning growth formula for statewide assessments as provided 1217 under s. 1012.34(7). 1218 (c) The school district’s instructional personnel and 1219 school administrator compensation system awards salary increases 1220 based upon sustained student performance. 1221 (d) The school district’s contract system awards 1222 instructional personnel and school administrators based upon 1223 student performance and removes ineffective employees. 1224(e) Beginning with the 2014-2015 school year and each1225school year thereafter, student learning growth based upon1226performance on statewide assessments under s. 1008.22 must have1227significantly improved compared to student learning growth in1228the district in 2011-2012 and significantly improved compared to1229other school districts.1230 (3) Failure to comply with subsection (2) is grounds for 1231 the State Board of Education, at a public hearing, to revoke the 1232 exemptionThe State Board of Education shall annually renew a1233school district’s exemptions if the school district demonstrates1234that it meets the requirements of subsection (2). If the1235exemptions are not renewed, the school district must comply with1236the requirements and laws described in subsection (1) by the1237beginning of the next school year immediately following the loss1238of the exemptions. 1239(4) The State Board of Education shall adopt rules pursuant1240to ss. 120.536(1) and 120.54 to establish the procedures for1241applying for the exemptions and the criteria for renewing the1242exemptions.1243 1244 This section isshall berepealed August 1, 2017, unless 1245 reviewed and reenacted by the Legislature. 1246 Section 15. This act shall take effect July 1, 2014.