Bill Text: FL S1642 | 2014 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
CS for SB 1642 First Engrossed 20141642e1 1 A bill to be entitled 2 An act relating to education accountability; amending 3 s. 1008.34, F.S.; providing definitions for the 4 statewide, standardized assessment program and school 5 grading system; deleting annual reports; revising 6 authority over allocation of a school’s budget based 7 on school grades; revising the basis for the 8 calculation of school grades; revising the contents of 9 the school report card; revising the basis for the 10 calculation of district grades; requiring the 11 Department of Education to develop a district report 12 card; providing for transition to the revised school 13 grading system; amending s. 1001.42, F.S.; revising 14 criteria that necessitate a school’s improvement plan 15 to include certain strategies; amending s. 1002.33, 16 F.S.; revising cross-references; amending s. 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; amending s. 1008.345, F.S.; revising 35 the contents of the Commissioner of Education’s report 36 on school improvement and education accountability to 37 include student learning growth information and 38 intervention and support strategies; amending s. 39 1011.64, F.S.; correcting a cross-reference; amending 40 s. 1008.22, F.S.; authorizing use of teacher-selected 41 or principal selected assessments as a form of local 42 assessment; requiring a district school board to adopt 43 policies relating to selection, development, 44 administration, and scoring of local assessments; 45 amending s. 1012.34, F.S.; providing information to be 46 included in annual reports on the approval and 47 implementation status of school district personnel 48 evaluation systems; revising provisions relating to 49 the measurement of student learning growth for 50 purposes of personnel evaluation; conforming State 51 Board of Education rulemaking relating to performance 52 evaluations; providing for transition to new 53 statewide, standardized assessments; authorizing bonus 54 rewards to school districts for progress toward 55 educator effectiveness; amending s. 1012.341, F.S.; 56 removing rulemaking authority and establishing a 57 compliance verification process for the exemption from 58 performance evaluation system, compensation, and 59 salary schedule requirements; providing an effective 60 date. 61 62 Be It Enacted by the Legislature of the State of Florida: 63 64 Section 1. Section 1008.34, Florida Statutes, is amended to 65 read: 66 1008.34 School grading system; school report cards; 67 district grade.— 68 (1) DEFINITIONS.—For purposes of the statewide, 69 standardized assessment program and school grading system, the 70 following terms are defined: 71 (a) “Achievement level,” “student achievement,” or 72 “achievement” describes the level of content mastery a student 73 has acquired in a particular subject as measured by a statewide, 74 standardized assessment administered pursuant to s. 75 1008.22(3)(a) and (b). There are five achievement levels. Level 76 1 is the lowest achievement level, level 5 is the highest 77 achievement level, and level 3 indicates satisfactory 78 performance. A student passes an assessment if the student 79 achieves a level 3, level 4, or level 5. For purposes of the 80 Florida Alternate Assessment administered pursuant to s. 81 1008.22(3)(c), the state board shall provide, in rule, the 82 number of achievement levels and identify the achievement levels 83 that are considered passing. 84 (b) “Learning Gains,” “annual learning gains,” or “student 85 learning gains” means the degree of student learning growth 86 occurring from one school year to the next as required by state 87 board rule for purposes of calculating school grades under this 88 section. 89 (c) “Student performance,” “student academic performance,” 90 or “academic performance” includes, but is not limited to, 91 student learning growth, achievement levels, and Learning Gains 92 on statewide, standardized assessments administered pursuant to 93 s. 1008.22. 94(1) ANNUAL REPORTS.—The Commissioner of Education shall95prepare annual reports of the results of the statewide96assessment program which describe student achievement in the97state, each district, and each school. The commissioner shall98prescribe the design and content of these reports, which must99include descriptions of the performance of all schools100participating in the assessment program and all of their major101student populations as determined by the commissioner. The102report must also include the percent of students performing at103or above grade level and making learning gains in reading and104mathematics. The provisions of s. 1002.22 pertaining to student105records apply to this section.106 (2) SCHOOL GRADES.—The annual report shall identifySchools 107 shall be graded usingas havingone of the following grades, 108 defined according to rules of the State Board of Education: 109 (a) “A,” schools making excellent progress. 110 (b) “B,” schools making above average progress. 111 (c) “C,” schools making satisfactory progress. 112 (d) “D,” schools making less than satisfactory progress. 113 (e) “F,” schools failing to make adequate progress. 114 115 Each school that earns a grade of “A” or improves at least two 116 letter grades mayshallhave greater authority over the 117 allocation of the school’s total budget generated from the FEFP, 118 state categoricals, lottery funds, grants, and local funds, as119specified in state board rule.The rule must provide that the120increased budget authority shall remain in effect until the121school’s grade declines.122 (3) DESIGNATION OF SCHOOL GRADES.— 123 (a) Each school must assess at least 95 percent of its 124 eligible students, except as provided under s. 1008.341 for 125 alternative schools.Beginning with the 2013-2014 school year,126 Each schoolthat has students who are tested and included in the127school grading systemshall receive a school grade based on the 128 school’s performance on the components listed in subparagraphs 129 (b)1. and 2. If a school does not have at least 10 students with 130 complete data for one or more of the components listed in 131 subparagraphs (b)1. and 2., those components may not be used in 132 calculating the school’s grade.if the number of its students133tested on statewide assessments pursuant to s. 1008.22 meets or134exceeds the minimum sample size of 10, except as follows:135 1. An alternative school may choose to receive a school 136 grade under this section or a school improvement rating under s. 137 1008.341. For charter schools that meet the definition of an 138 alternative school pursuant to State Board of Education rule, 139 the decision to receive a school grade is the decision of the 140 charter school governing board. 141 2. A school that serves any combination of students in 142 kindergarten through grade 3 thatwhichdoes not receive a 143 school grade because its students are not tested and included in 144 the school grading system shall receive the school grade 145 designation of a K-3 feeder pattern school identified by the 146 Department of Education and verified by the school district. A 147 school feeder pattern exists if at least 60 percent of the 148 students in the school serving a combination of students in 149 kindergarten through grade 3 are scheduled to be assigned to the 150 graded school. 151 3. If a collocated school does not earn a school grade or 152 school improvement rating for the performance of its students, 153 the student performance data of all schools operating at the 154 same facility must be aggregated to develop a school grade that 155 will be assigned to all schools at that location. A collocated 156 school is a school that has its own unique master school 157 identification number, provides for the education of each of its 158 enrolled students, and operates at the same facility as another 159 school that has its own unique master school identification 160 number and provides for the education of each of its enrolled 161 students. 162 (b)1. Beginning with the 2014-2015 school year, a school’s 163 grade shall be based on the following components, each worth 100 164 pointsa combination of: 165 a. The percentage of eligible students passingStudent166achievement scores onstatewide, standardized assessments in 167 English Language Arts under s. 1008.22(3)1008.22 and168achievement scores for students seeking a special diploma. 169 b. The percentage of eligible students passing statewide, 170 standardized assessments in mathematics under s. 1008.22(3). 171 c. The percentage of eligible students passing statewide, 172 standardized assessments in science under s. 1008.22(3). 173 d. The percentage of eligible students passing the 174 statewide, standardized assessments in social studies under s. 175 1008.22(3). 176 e.b.The percentage of eligible students who makeStudent177 Learning Gains inFCAT Reading or, upon transition to common178core assessments, the common coreEnglish Language Artsand179Mathematics assessmentsas measured by statewide, standardized 180 assessments administered underpursuant tos. 1008.22(3) 1811008.22, including learning gains for students seeking a special182diploma, as measured by an alternate assessment. 183 f. The percentage of eligible students who make Learning 184 Gains in mathematics as measured by statewide, standardized 185 assessments administered under s. 1008.22(3). 186 g.c.The percentage of eligible students inImprovement of187 the lowest 25 percent in English Language Arts, as identified by 188 prior year performance on statewide, standardized assessments, 189 who make Learning Gains as measured by statewide, standardized 190 English Language Arts assessments administered under s. 191 1008.22(3)25th percentile of students in the school in reading192or, upon transition to common core assessments, English Language193Arts and Mathematics assessments administered pursuant to s.1941008.22, unless these students are exhibiting satisfactory195performance. 196 h. The percentage of eligible students in the lowest 25 197 percent in mathematics, as identified by prior year performance 198 on statewide, standardized assessments, who make Learning Gains 199 as measured by statewide, standardized mathematics assessments 200 administered under s. 1008.22(3). 201 i. For schools comprised of middle grades 6 through 8 or 202 grades 7 and 8, the percentage of eligible students passing high 203 school level statewide, standardized end-of-course assessments 204 or attaining national industry certifications identified in the 205 Industry Certification Funding List pursuant to rules adopted by 206 the State Board of Education. 207 208 In calculating Learning Gains for the components listed in sub 209 subparagraphs e.-h., the State Board of Education shall require 210 that learning growth toward achievement levels 3, 4, and 5 is 211 demonstrated by students who scored below each of those levels 212 in the prior year. In calculating the components in sub 213 subparagraphs a.-d., the state board shall include the 214 performance of English language learners only if they have been 215 enrolled in a school in the United States for more than 2 years. 2162. Beginning with the 2011-2012 school year, for schools217comprised of middle grades 6 through 8 or grades 7 and 8, the218school’s grade shall include the performance and participation219of its students enrolled in high school level courses with220statewide, standardized assessments administered under s.2211008.22. Performance and participation must be weighted equally.222As valid data becomes available, the school grades shall include223the students’ attainment of national industry certification224identified in the Industry Certification Funding List pursuant225to rules adopted by the state board.226 2.3.Beginning with the 2009-2010 school yearFor a school 227schoolscomprised ofhigh schoolgrades 9, 10, 11, and 12, or 228 grades 10, 11, and 12, the school’s gradeat least 50 percent of229the school gradeshall also be based ona combination of the230factors listed in sub-subparagraphs 1.a.-c. and the remaining231percentage onthe following components, each worth 100 points 232factors: 233 a. The 4-year high school graduation rate of the school as 234 defined by state board rule.;235 b. The percentage of students who were eligible to earn 236 college and career credit throughAs valid data becomes237available, the performance and participation of the school’s238students inCollege Board Advanced Placement examinations 239courses, International Baccalaureate examinationscourses, dual 240 enrollment courses, orandAdvanced International Certificate of 241 Education examinationscourses; or who, at any time during high 242 school, earnedand the students’ achievement ofnational 243 industry certification identified in the Industry Certification 244 Funding List, pursuant to rules adopted by the state board.;245 (c)1. The calculation of a school grade shall be based on 246 the percentage of points earned from the components listed in 247 subparagraph (b)1. and, if applicable, subparagraph (b)2. The 248 State Board of Education shall adopt in rule a school grading 249 scale that sets the percentage of points needed to earn each of 250 the school grades listed in subsection (2). There shall be at 251 least five percentage points separating the percentage 252 thresholds needed to earn each of the school grades. The state 253 board shall periodically review the school grading scale to 254 determine if the scale should be adjusted upward to meet raised 255 expectations and encourage increased student performance. If the 256 state board adjusts the grading scale upward, the state board 257 must inform the public and the school districts of the reasons 258 for and degree of the adjustment and its anticipated impact on 259 school grades. 260 2. The calculation of school grades may not include any 261 provision that would raise or lower the school’s grade beyond 262 the percentage of points earned. Extra weight may not be added 263 in the calculation of any components. 264c. Postsecondary readiness of all of the school’s on-time265graduates as measured by the SAT, the ACT, the Postsecondary266Education Readiness Test, or the common placement test;267d. The high school graduation rate of at-risk students, who268score Level 1 or Level 2 on grade 8 FCAT Reading or the English269Language Arts and mathematics assessments administered under s.2701008.22;271e. As valid data becomes available, the performance of the272school’s students on statewide, standardized end-of-course273assessments administered under s. 1008.22(3)(b)4. and 5.; and274f. The growth or decline in the components listed in sub275subparagraphs a.-e. from year to year.276(c) Student assessment data used in determining school277grades shall include:2781. The aggregate scores of all eligible students enrolled279in the school who have been assessed on statewide, standardized280assessments in courses required for high school graduation,281including, beginning with the 2011-2012 school year, the end-of282course assessment in Algebra I; and beginning with the 2012-2013283school year, the end-of-course assessments in Geometry and284Biology I; and beginning with the 2014-2015 school year, on the285statewide, standardized end-of-course assessment in civics286education at the middle grades level.2872. The aggregate scores of all eligible students enrolled288in the school who have been assessed on statewide, standardized289assessments under s. 1008.22 and who have scored at or in the290lowest 25th percentile of students in the school in reading and291mathematics, unless these students are exhibiting satisfactory292performance.293 (d) The performance of students attending alternative 294 schools and students designated as hospital or homebound shall 295 be factored into a school grade as follows: 296 1.3.The student performance data forachievement scores297and learning gains ofeligible students attending alternative 298 schools that provide dropout prevention and academic 299 intervention services pursuant to s. 1003.53 shall be included 300 in the calculation of the home school’s grade. The term 301 “eligible students” in this subparagraph does not include 302 students attending an alternative school who are subject to 303 district school board policies for expulsion for repeated or 304 serious offenses, who are in dropout retrieval programs serving 305 students who have officially been designated as dropouts, or who 306 are in programs operated or contracted by the Department of 307 Juvenile Justice.The student performance data for eligible308students identified in this subparagraph shall be included in309the calculation of the home school’s grade.As used in this 310 subparagraph and s. 1008.341, the term “home school” means the 311 school to which the student would be assigned if the student 312 were not assigned to an alternative school. If an alternative 313 school chooses to be graded under this section, student 314 performance data for eligible students identified in this 315 subparagraph shall not be included in the home school’s grade 316 but shall be included only in the calculation of the alternative 317 school’s grade. A school district that fails to assign 318 statewide, standardized end-of-course assessment scores of each 319 of its students to his or her home school or to the alternative 320 school that receives a grade shall forfeit Florida School 321 Recognition Program funds for one1fiscal year. School 322 districts must require collaboration between the home school and 323 the alternative school in order to promote student success. This 324 collaboration must include an annual discussion between the 325 principal of the alternative school and the principal of each 326 student’s home school concerning the most appropriate school 327 assignment of the student. 328 2.4.Student performance data forThe achievement scores329and learning gains ofstudents designated as hospital or 330 homeboundhospital- or homebound. Student assessment data for331students designated as hospital- or homeboundshall be assigned 332 to their home school for the purposes of school grades. As used 333 in this subparagraph, the term “home school” means the school to 334 which a student would be assigned if the student were not 335 assigned to a hospital or homeboundhospital- or homebound336 program. 3375. For schools comprised of high school grades 9, 10, 11,338and 12, or grades 10, 11, and 12, the data listed in339subparagraphs 1.-3. and the following data as the Department of340Education determines such data are valid and available:341a. The high school graduation rate of the school as342calculated by the department;343b. The participation rate of all eligible students enrolled344in the school and enrolled in College Board Advanced Placement345courses; International Baccalaureate courses; dual enrollment346courses; Advanced International Certificate of Education347courses; and courses or sequences of courses leading to national348industry certification identified in the Industry Certification349Funding List, pursuant to rules adopted by the State Board of350Education;351c. The aggregate scores of all eligible students enrolled352in the school in College Board Advanced Placement courses,353International Baccalaureate courses, and Advanced International354Certificate of Education courses;355d. Earning of college credit by all eligible students356enrolled in the school in dual enrollment programs under s.3571007.271;358e. Earning of a national industry certification identified359in the Industry Certification Funding List, pursuant to rules360adopted by the State Board of Education;361f. The aggregate scores of all eligible students enrolled362in the school in reading, mathematics, and other subjects as363measured by the SAT, the ACT, the Postsecondary Education364Readiness Test, and the common placement test for postsecondary365readiness;366g. The high school graduation rate of all eligible at-risk367students enrolled in the school who scored Level 2 or lower on368grade 8 FCAT Reading and FCAT Mathematics;369h. The performance of the school’s students on statewide,370standardized end-of-course assessments administered under s.3711008.22(3)(b)4. and 5.; and372i. The growth or decline in the data components listed in373sub-subparagraphs a.-h. from year to year.374 375The State Board of Education shall adopt appropriate criteria376for each school grade. The criteria must also give added weight377to student achievement in reading. Schools earning a grade of378“C,” making satisfactory progress, shall be required to379demonstrate that adequate progress has been made by students in380the school who are in the lowest 25th percentile in reading and381mathematics on statewide, standardized assessments under s.3821008.22, unless these students are exhibiting satisfactory383performance. For schools comprised of high school grades 9, 10,38411, and 12, or grades 10, 11, and 12, the criteria for school385grades must also give added weight to the graduation rate of all386eligible at-risk students. In order for a high school to earn a387grade of “A,” the school must demonstrate that its at-risk388students, as defined in this paragraph, are making adequate389progress.390(4) SCHOOL IMPROVEMENT RATINGS.—The annual report shall391identify each school’s performance as having improved, remained392the same, or declined. This school improvement rating shall be393based on a comparison of the current year’s and previous year’s394student and school performance data. A school that improves its395rating by at least one level is eligible for school recognition396awards pursuant to s. 1008.36.397 (4)(5)SCHOOL REPORT CARD.—The Department of Education 398 shall annually develop, in collaboration with the school 399 districts, a school report card to be provided by the school 400 district to parents within the district. The report card shall 401 include the school’s grade; student performance in English 402 Language Arts, mathematics, science, and social studies;,403 information regarding school improvement;,an explanation of 404 school performance as evaluated by the federal Elementary and 405 Secondary Education Act (ESEA), 20 U.S.C. ss. 6301 et seq.;,and 406 indicators of return on investment. Each school’s report card 407 shall be published annually by the department on its website 408 based upon the most recent data available. 409(6) PERFORMANCE-BASED FUNDING.—The Legislature may factor410in the performance of schools in calculating any performance411based funding policy that is provided for annually in the412General Appropriations Act.413 (5)(7)DISTRICT GRADE.—The annual report required by414subsection (1) shall include the school district’s grade.415 Beginning with the 2014-2015 school year, a school district’s 416 grade shall include a district-level calculation of the 417 components under paragraph (3)(b)be calculated using student418performance and learning gains data on statewide assessments419used for determining school grades under subparagraph (3)(b)1.420for each eligible student enrolled for a full school year in the421district. This calculation methodology captures each eligible 422 student in the district who may have transferred among schools 423 within the district or is enrolled in a school that does not 424 receive a grade. The department shall develop a district report 425 card that includes the district grade; the information required 426 under s. 1008.345(5); measures of the district’s progress in 427 closing the achievement gap between higher-performing student 428 subgroups and lower-performing student subgroups; measures of 429 the district’s progress in demonstrating Learning Gains of its 430 highest-performing students; measures of the district’s success 431 in improving student attendance; the district’s grade-level 432 promotion of students scoring achievement levels 1 and 2 on 433 statewide, standardized English Language Arts and mathematics 434 assessments; and measures of the district’s performance in 435 preparing students for the transition from elementary to middle 436 school, middle to high school, and high school to postsecondary 437 institutions and careers. 438 (6)(8)RULES.—The State Board of Education shall adopt 439 rules under ss. 120.536(1) and 120.54 to administer this 440 section. 441 (7) TRANSITION.—School grades and school improvement 442 ratings pursuant to s. 1008.341 for the 2013-2014 school year 443 shall be calculated based on statutes and rules in effect on 444 June 30, 2014. To assist in the transition to 2014-2015 school 445 grades, calculated based on new statewide, standardized 446 assessments administered pursuant to s. 1008.22, the 2014-2015 447 school grades shall serve as an informational baseline for 448 schools to work toward improved performance in future years. 449 Accordingly, notwithstanding any other provision of law: 450 (a) A school may not be required to select and implement a 451 turnaround option pursuant to s. 1008.33 in the 2015-2016 school 452 year based on the school’s 2014-2015 grade or school improvement 453 rating under s. 1008.341, as applicable. 454 (b)1. A school or approved provider under s. 1002.45 that 455 receives the same or a lower school grade or school improvement 456 rating for the 2014-2015 school year compared to the 2013-2014 457 school year is not subject to sanctions or penalties that would 458 otherwise occur as a result of the 2014-2015 school grade or 459 rating. A charter school system or a school district designated 460 as high performing may not lose the designation based on the 461 2014-2015 school grades of any of the schools within the charter 462 school system or school district, as applicable. 463 2. The Florida School Recognition Program established under 464 s. 1008.36 shall continue to be implemented as otherwise 465 provided in the General Appropriations Act. 466 (c) For purposes of determining grade 3 retention pursuant 467 to s. 1008.25(5) and high school graduation pursuant to s. 468 1003.4282, student performance on the 2014-2015 statewide, 469 standardized assessments shall be linked to 2013-2014 student 470 performance expectations. 471 472 This subsection is repealed July 1, 2017. 473 Section 2. Subsection (18) of section 1001.42, Florida 474 Statutes, is amended to read: 475 1001.42 Powers and duties of district school board.—The 476 district school board, acting as a board, shall exercise all 477 powers and perform all duties listed below: 478 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY. 479 Maintain astatesystem of school improvement and education 480 accountability as provided by statute and State Board of 481 Education rule. This system of school improvement and education 482 accountability shall be consistent with, and implemented 483 through, the district’s continuing system of planning and 484 budgeting required by this section and ss. 1008.385, 1010.01, 485 and 1011.01. This system of school improvement and education 486 accountability shall comply with the provisions of ss. 1008.33, 487 1008.34, 1008.345, and 1008.385 and include the following: 488 (a) School improvement plans.—The district school board 489 shall annually approve and require implementation of a new, 490 amended, or continuation school improvement plan for each school 491 in the district. If a school has a significant gap in 492 achievement on statewide, standardized assessments administered 493 pursuant to s. 1008.221008.34(3)(b)by one or more student 494 subgroups, as defined in the federal Elementary and Secondary 495 Education Act (ESEA), 20 U.S.C. s. 6311(b)(2)(C)(v)(II); has not 496 significantly increaseddecreasedthe percentage of students 497 passingscoring below satisfactory onstatewide, standardized 498 assessments; has not significantly increased the percentage of 499 students demonstrating Learning Gains, as defined in s. 1008.34 500 and as calculated under s. 1008.34(3)(b), who passed statewide, 501 standardized assessments; or has significantly lower graduation 502 rates for a subgroup when compared to the state’s graduation 503 rate, that school’s improvement plan shall include strategies 504 for improving these results. The state board shall adopt rules 505 establishing thresholds and for determining compliance with this 506 paragraph. 507 (b) Public disclosure.—The district school board shall 508 provide information regarding the performance of students and 509 educational programs as required pursuant to ss. 1008.22 and 510 1008.385 and implement a system of school reports as required by 511 statute and State Board of Education rule which shall include 512 schools operating for the purpose of providing educational 513 services to youth in Department of Juvenile Justice programs, 514 and for those schools, report on the elements specified in s. 515 1003.52(19). Annual public disclosure reports shall be in an 516 easy-to-read report card format and shall include the school’s 517 grade, high school graduation rate calculated without GED tests, 518 disaggregated by student ethnicity, and performance data as 519 specified in state board rule. 520 (c) School improvement funds.—The district school board 521 shall provide funds to schools for developing and implementing 522 school improvement plans. Such funds shall include those funds 523 appropriated for the purpose of school improvement pursuant to 524 s. 24.121(5)(c). 525 Section 3. Paragraph (n) of subsection (9) and paragraph 526 (b) of subsection (21) of section 1002.33, Florida Statutes, are 527 amended to read: 528 1002.33 Charter schools.— 529 (9) CHARTER SCHOOL REQUIREMENTS.— 530 (n)1. The director and a representative of the governing 531 board of a charter school that has earned a grade of “D” or “F” 532 pursuant to s. 1008.341008.34(2)shall appear before the 533 sponsor to present information concerning each contract 534 component having noted deficiencies. The director and a 535 representative of the governing board shall submit to the 536 sponsor for approval a school improvement plan to raise student 537 performanceachievement. Upon approval by the sponsor, the 538 charter school shall begin implementation of the school 539 improvement plan. The department shall offer technical 540 assistance and training to the charter school and its governing 541 board and establish guidelines for developing, submitting, and 542 approving such plans. 543 2.a. If a charter school earns three consecutive grades of 544 “D,” two consecutive grades of “D” followed by a grade of “F,” 545 or two nonconsecutive grades of “F” within a 3-year period, the 546 charter school governing board shall choose one of the following 547 corrective actions: 548 (I) Contract for educational services to be provided 549 directly to students, instructional personnel, and school 550 administrators, as prescribed in state board rule; 551 (II) Contract with an outside entity that has a 552 demonstrated record of effectiveness to operate the school; 553 (III) Reorganize the school under a new director or 554 principal who is authorized to hire new staff; or 555 (IV) Voluntarily close the charter school. 556 b. The charter school must implement the corrective action 557 in the school year following receipt of a third consecutive 558 grade of “D,” a grade of “F” following two consecutive grades of 559 “D,” or a second nonconsecutive grade of “F” within a 3-year 560 period. 561 c. The sponsor may annually waive a corrective action if it 562 determines that the charter school is likely to improve a letter 563 grade if additional time is provided to implement the 564 intervention and support strategies prescribed by the school 565 improvement plan. Notwithstanding this sub-subparagraph, a 566 charter school that earns a second consecutive grade of “F” is 567 subject to subparagraph 4. 568 d. A charter school is no longer required to implement a 569 corrective action if it improves by at least one letter grade. 570 However, the charter school must continue to implement 571 strategies identified in the school improvement plan. The 572 sponsor must annually review implementation of the school 573 improvement plan to monitor the school’s continued improvement 574 pursuant to subparagraph 5. 575 e. A charter school implementing a corrective action that 576 does not improve by at least one letter grade after 2 full 577 school years of implementing the corrective action must select a 578 different corrective action. Implementation of the new 579 corrective action must begin in the school year following the 580 implementation period of the existing corrective action, unless 581 the sponsor determines that the charter school is likely to 582 improve a letter grade if additional time is provided to 583 implement the existing corrective action. Notwithstanding this 584 sub-subparagraph, a charter school that earns a second 585 consecutive grade of “F” while implementing a corrective action 586 is subject to subparagraph 4. 587 3. A charter school with a grade of “D” or “F” that 588 improves by at least one letter grade must continue to implement 589 the strategies identified in the school improvement plan. The 590 sponsor must annually review implementation of the school 591 improvement plan to monitor the school’s continued improvement 592 pursuant to subparagraph 5. 593 4. The sponsor shall terminate a charter if the charter 594 school earns two consecutive grades of “F” unless: 595 a. The charter school is established to turn around the 596 performance of a district public school pursuant to s. 597 1008.33(4)(b)3. Such charter schools shall be governed by s. 598 1008.33; 599 b. The charter school serves a student population the 600 majority of which resides in a school zone served by a district 601 public school that earned a grade of “F” in the year before the 602 charter school opened and the charter school earns at least a 603 grade of “D” in its third year of operation. The exception 604 provided under this sub-subparagraph does not apply to a charter 605 school in its fourth year of operation and thereafter; or 606 c. The state board grants the charter school a waiver of 607 termination. The charter school must request the waiver within 608 15 days after the department’s official release of school 609 grades. The state board may waive termination if the charter 610 school demonstrates that the Learning Gains of its students on 611 statewide assessments are comparable to or better than the 612 Learning Gains of similarly situated students enrolled in nearby 613 district public schools. The waiver is valid for 1 year and may 614 only be granted once. Charter schools that have been in 615 operation for more than 5 years are not eligible for a waiver 616 under this sub-subparagraph. 617 5. The director and a representative of the governing board 618 of a graded charter school that has implemented a school 619 improvement plan under this paragraph shall appear before the 620 sponsor at least once a year to present information regarding 621 the progress of intervention and support strategies implemented 622 by the school pursuant to the school improvement plan and 623 corrective actions, if applicable. The sponsor shall communicate 624 at the meeting, and in writing to the director, the services 625 provided to the school to help the school address its 626 deficiencies. 627 6. Notwithstanding any provision of this paragraph except 628 sub-subparagraphs 4.a.-c., the sponsor may terminate the charter 629 at any time pursuant to subsection (8). 630 (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.— 631 (b)1. The Department of Education shall report to each 632 charter school receiving a school grade pursuant to s. 1008.34 633 or a school improvement rating pursuant to s. 1008.341 the 634 school’s student assessment datapursuant to s. 1008.34(3)(c)635which is reported to schools that receive a school grade or636student assessment data pursuant to s. 1008.341(3) which is637reported to alternative schools that receive a school638improvement rating to each charter school that:639a. Does not receive a school grade pursuant to s. 1008.34640or a school improvement rating pursuant to s. 1008.341; and641b. Serves at least 10 students who are tested on the642statewide assessment test pursuant to s. 1008.22. 643 2. The charter school shall report the information in 644 subparagraph 1. to each parent of a student at the charter 645 school, the parent of a child on a waiting list for the charter 646 school, the district in which the charter school is located, and 647 the governing board of the charter school. This paragraph does 648 not abrogate the provisions of s. 1002.22, relating to student 649 records, or the requirements of 20 U.S.C. s. 1232g, the Family 650 Educational Rights and Privacy Act. 651 3.a. Pursuant to this paragraph, the Department of 652 Education shall compare the charter school student performance 653 data for each charter school in subparagraph 1. with the student 654 performance data in traditional public schools in the district 655 in which the charter school is located and other charter schools 656 in the state. For alternative charter schools, the department 657 shall compare the student performance data described in this 658 paragraph with all alternative schools in the state. The 659 comparative data shall be provided by the following grade 660 groupings: 661 (I) Grades 3 through 5; 662 (II) Grades 6 through 8; and 663 (III) Grades 9 through 11. 664 b. Each charter school shall provide the information 665 specified in this paragraph on its Internet website and also 666 provide notice to the public at large in a manner provided by 667 the rules of the State Board of Education. The State Board of 668 Education shall adopt rules to administer the notice 669 requirements of this subparagraph pursuant to ss. 120.536(1) and 670 120.54. The website shall include, through links or actual 671 content, other information related to school performance. 672 Section 4. Paragraphs (a) and (d) of subsection (1) of 673 section 1003.621, Florida Statutes, are amended to read: 674 1003.621 Academically high-performing school districts.—It 675 is the intent of the Legislature to recognize and reward school 676 districts that demonstrate the ability to consistently maintain 677 or improve their high-performing status. The purpose of this 678 section is to provide high-performing school districts with 679 flexibility in meeting the specific requirements in statute and 680 rules of the State Board of Education. 681 (1) ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.— 682 (a) A school district is an academically high-performing 683 school district if it meets the following criteria: 684 1.a.Beginning with the 2004-2005 school year,Earns a 685 grade of “A” under s. 1008.341008.34(7)for 2 consecutive 686 years; and 687 b. Has no district-operated school that earns a grade of 688 “F” under s. 1008.34; 689 2. Complies with all class size requirements in s. 1, Art. 690 IX of the State Constitution and s. 1003.03; and 691 3. Has no material weaknesses or instances of material 692 noncompliance noted in the annual financial audit conducted 693 pursuant to s. 11.45 or s. 218.39. 694 (d) In order to maintain the designation as an academically 695 high-performing school district pursuant to this section, a 696 school district must meet the following requirements: 697 1. Comply with the provisions of subparagraphs (a)2. and 698 3.; and 699 2. Earn a grade of “A” under s. 1008.341008.34(7)for 2 700 years within a 3-year period. 701 702 However, a district in which a district-operated school earns a 703 grade of “F” under s. 1008.34 during the 3-year period may not 704 continue to be designated as an academically high-performing 705 school district during the remainder of that 3-year period. The 706 district must meet the criteria in paragraph (a) in order to be 707 redesignated as an academically high-performing school district. 708 Section 5. Paragraph (b) of subsection (1) of section 709 1008.31, Florida Statutes, is amended to read: 710 1008.31 Florida’s K-20 education performance accountability 711 system; legislative intent; mission, goals, and systemwide 712 measures; data quality improvements.— 713 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 714 that: 715 (b) The K-20 education performance accountability system be 716 established as a single, unified accountability system with 717 multiple components, including, but not limited to,measures of718adequate yearly progress, individualstudent performance 719learning gainsin public schools and,school and district 720 grades, and return on investment. 721 Section 6. Subsection (2) of section 1008.33, Florida 722 Statutes, is amended to read: 723 1008.33 Authority to enforce public school improvement.— 724 (2)(a) Pursuant to subsection (1) and ss. 1008.34, 725 1008.345, and 1008.385, the State Board of Education shall hold 726 all school districts and public schools accountable for student 727 performance. The state board is responsible for a state system 728 of school improvement and education accountability that assesses 729 student performance by school, identifies schools thatin which730studentsare not meeting accountabilitymaking adequate progress731toward statestandards, and institutes appropriate measures for 732 enforcing improvement. 733 (b) The state system of school improvement and education 734 accountability must provide for uniform accountability 735 standards, provide assistance of escalating intensity tolow736performingschools not meeting accountability standards, direct 737 support to schools in order to improve and sustain performance, 738 focus on the performance of student subgroups, and enhance 739 student performance. 740 (c) School districts must be held accountable for improving 741 the academic performanceachievementof all students and for 742 identifying and improvingturning around low-performingschools 743 that fail to meet accountability standards. 744 Section 7. Subsections (2), (3), and (4) of section 745 1008.341, Florida Statutes, are amended to read: 746 1008.341 School improvement rating for alternative 747 schools.— 748 (2) SCHOOL IMPROVEMENT RATING.—An alternative school is a 749 school that provides dropout prevention and academic 750 intervention services pursuant to s. 1003.53. An alternative 751 school shall receive a school improvement rating pursuant to 752 this section unless the school earns a school grade pursuant to 753 s. 1008.34. AnBeginning with the 2013-2014 school year, each754 alternative school that chooses to receive a school improvement 755 rating shall receive a school improvement rating if the number 756 of its students for whom student performance data on statewide, 757 standardized assessments pursuant to s. 1008.22 which is 758 available for the current year and previous year meets or 759 exceeds the minimum sample size of 10. If an alternative school 760 does not have at least 10 students with complete data for a 761 component listed in subsection (3), that component may not be 762 used in calculating the school’s improvement rating. The 763 calculation of the school improvement rating shall be based on 764 the percentage of points earned from the components listed in 765 subsection (3). An alternative school that tests at least 80 766 percent of its students may receive a school improvement rating. 767 If an alternative school tests less than 90 percent of its 768 students, the school may not earn a rating higher than 769 “maintaining.” Beginning with the 2016-2017 school year, if an 770 alternative school does not meet the requirements for the 771 issuance of a school improvement rating in the current year, and 772 has failed to receive a school improvement rating for the prior 773 2 consecutive years, the school shall receive a rating for the 774 current year based upon a compilation of all student Learning 775 Gains, for all grade levels, for those 3 years. Likewise, if the 776 school fails to meet the requirements for a rating the following 777 year or any year thereafter, the school’s rating shall be based 778 on a compilation of student Learning Gains achieved during the 779 current and prior 2 years. The school improvement rating shall 780 identify an alternative school as having one of the following 781 ratings defined according to rules of the State Board of 782 Education: 783 (a) “Commendable”“Improving”means a significant 784 percentage of the students attending the school are making 785 Learning Gainsmore academic progress than when the students786were served in their home schools. 787 (b) “Maintaining” means a sufficient percentage of the 788 students attending the school are making Learning Gainsprogress789equivalent to the progress made when the students were served in790their home schools. 791 (c) “Unsatisfactory”“Declining”means an insufficient 792 percentage of the students attending the school are making 793 Learning Gainsless academic progress than when the students794were served in their home schools. 795 796The school improvement rating shall be based on a comparison of797student performance data for the current year and previous year.798 Schools that improve at least one level or maintain a 799 “commendable”an “improving”rating pursuant to this section are 800 eligible for school recognition awards pursuant to s. 1008.36. 801 (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student 802 Learning Gainsdata used in determining an alternative school’s803school improvement rating shall include:804(a)studentperformance resultsbased on statewide, 805 standardized assessments, including retakes, administered under 806 s. 1008.22 for all eligible students who were assigned to and 807 enrolled in the school during the October or February FTE count 808 and who have assessment scores or comparable scores for the 809 preceding school year shall be used in determining an 810 alternative school’s school improvement rating. An alternative 811 school’s rating shall be based on the following components: 812 (a) The percentage of eligible students who make Learning 813 Gains in English Language Arts as measured by statewide, 814 standardized assessments under s. 1008.22(3). 815 (b) The percentage of eligible students who make Learning 816 Gains in mathematics as measured by statewide, standardized 817 assessments under s. 1008.22(3)Student performance results818based on statewide, standardized assessments, including retakes,819administered under s. 1008.22 for all eligible students who were820assigned to and enrolled in the school during the October or821February FTE count and who have scored in the lowest 25th822percentile of students in the state on FCAT Reading. 823 824 Student performance results of students who are subject to 825 district school board policies for expulsion for repeated or 826 serious offenses, who are in dropout retrieval programs serving 827 students who have officially been designated as dropouts, or who 828 are in programs operated or contracted by the Department of 829 Juvenile Justice may not be included in an alternative school’s 830 school improvement rating. 831 (4) IDENTIFICATION OF STUDENT LEARNING GAINS.—For each 832 alternative school receiving a school improvement rating, the 833 Department of Education shall annually identify the percentage 834 of students making Learning Gains consistent with the provisions 835 in s. 1008.34(3)as compared to the percentage of the same836students making learning gains in their home schools in the year837prior to being assigned to the alternative school. 838 Section 8. Subsection (2) of section 1008.3415, Florida 839 Statutes, is amended to read: 840 1008.3415 School grade or school improvement rating for 841 exceptional student education centers.— 842 (2) Notwithstanding s. 1008.341008.34(3)(c)3., the 843 achievement levelsscoresand Learning Gains of a student with a 844 disability who attends an exceptional student education center 845 and has not been enrolled in or attended a public school other 846 than an exceptional student education center for grades K-12 847 within the school district shall not be included in the 848 calculation of the home school’s grade if the student is 849 identified as an emergent student on the alternate assessment 850 tool described in s. 1008.22(3)(c)1008.22(3)(c)13. 851 Section 9. Present subsections (9) and (10) of section 852 1008.22, Florida Statutes, are renumbered as subsections (10) 853 and (11), respectively, and a new subsection (9) is added to 854 that section, to read: 855 1008.22 Student assessment program for public schools.— 856 (9) CHILD WITH MEDICAL COMPLEXITY.—In addition to the 857 exemption option provided for under s. 1008.212, effective July 858 1, 2014, a child with a medical complexity may be exempt from 859 participating in statewide, standardized assessments, including 860 the Florida Alternate Assessment (FAA), pursuant to the 861 provisions of this subsection. 862 (a) Definition of child with medical complexity. A child 863 with a medical complexity means a child who, based upon medical 864 documentation from a physician licensed under chapter 458 or 459 865 is medically fragile and needs intensive care due to a condition 866 such as congenital or acquired multisystem disease; has a severe 867 neurological or cognitive disorder with marked functional 868 impairment; or is technology dependent for activities of daily 869 living; and lacks the capacity to take or perform on an 870 assessment. 871 (b) Exemption options. If the parent consents in writing, 872 and the IEP team determines that the child should not be 873 assessed based upon medical documentation that the child meets 874 the definition of a child with medical complexity, then the 875 parent may choose one of the following three assessment 876 exemption options. 877 1. One-year exemption approved by the district school 878 superintendent. If the superintendent is provided written 879 documentation of parental consent and appropriate medical 880 documentation to support the IEP team’s determination that the 881 child is a child with medical complexity, then the 882 superintendent may approve a one-year exemption from all 883 statewide, standardized assessments, including the FAA. The 884 superintendent shall report annually to the district school 885 board and the Commissioner of Education the number of students 886 who are identified as a child with medical complexity who are 887 not participating in the assessment program. 888 2. One- to three-year exemption approved by the 889 Commissioner of Education. If the commissioner is provided 890 written documentation of parental consent; district school 891 superintendent approval; the IEP team’s determination that the 892 child is a child with medical complexity based upon appropriate 893 medical documentation; and all medical documentation, then the 894 commissioner may exempt the child from all statewide, 895 standardized assessments, including the FAA, for up to three 896 years. The State Board of Education shall adopt rules to 897 administer this subparagraph which must expedite the process by 898 which exemptions are reviewed and approved and which demonstrate 899 the utmost compassion and consideration for meeting the parent’s 900 and child’s needs. 901 3. Permanent exemption approved by the Commissioner of 902 Education. If the commissioner is provided written documentation 903 of parental consent; district school superintendent approval of 904 a permanent exemption; the IEP team’s determination that the 905 child is a child with medical complexity based upon appropriate 906 medical documentation and that a permanent exemption is 907 appropriate; and all medical documentation, then the 908 commissioner may approve a permanent exemption from all 909 statewide, standardized assessments, including the FAA. The 910 State Board of Education shall adopt rules to administer this 911 subparagraph which must expedite the process by which exemptions 912 are reviewed and approved and which demonstrate the utmost 913 compassion and consideration for meeting the parent’s and 914 child’s needs. 915 (c) Reporting requirements. The Commissioner of Education 916 shall annually report to the Legislature data, by district, 917 related to the implementation of this subsection at the same 918 time as results are reported regarding student performance on 919 statewide, standardized assessments. 920 Section 10. Subsection (5) of section 1008.345, Florida 921 Statutes, is amended to read: 922 1008.345 Implementation of state system of school 923 improvement and education accountability.— 924 (5) The commissioner shall report to the Legislature and 925 recommend changes in state policy necessary to foster school 926 improvement and education accountability. The report shall 927 include: 928 (a) For each school district: 929 1. The percentage of students, by school and grade level, 930 demonstrating learning growth in English Language Arts and 931 mathematics. 932 2. The percentage of students, by school and grade level, 933 in both the highest and lowest quartiles demonstrating learning 934 growth in English Language Arts and mathematics. 935 (b) Intervention and support strategies used by school 936 boards whose students in both the highest and lowest quartiles 937 exceed the statewide average learning growth for students in 938 those quartiles. 939 (c) Intervention and support strategies used by school 940 boards whose schools provide educational services to youth in 941 Department of Juvenile Justice programs that demonstrate 942 learning growth in English Language Arts and mathematics that 943 exceeds the statewide average learning growth for students in 944 those subjects.Included in the report shall be a list of the945schools, including schools operating for the purpose of946providing educational services to youth in Department of947Juvenile Justice programs, for which district school boards have948developed intervention and support strategies and an analysis of949the various strategies used by the school boards.950 951 School reports shall be distributed pursuant to this subsection 952 and s. 1001.42(18)(b) and according to rules adopted by the 953 State Board of Education. 954 Section 11. Paragraph (a) of subsection (2) of section 955 1011.64, Florida Statutes, is amended to read: 956 1011.64 School district minimum classroom expenditure 957 requirements.— 958 (2) For the purpose of implementing the provisions of this 959 section, the Legislature shall prescribe minimum academic 960 performance standards and minimum classroom expenditure 961 requirements for districts not meeting such minimum academic 962 performance standards in the General Appropriations Act. 963 (a) Minimum academic performance standards may be based on, 964 but are not limited to, district grades determined pursuant to 965 s. 1008.341008.34(7). 966 Section 12. Subsection (6) of section 1008.22, Florida 967 Statutes, is amended to read: 968 1008.22 Student assessment program for public schools.— 969 (6) LOCAL ASSESSMENTS.— 970 (a) Measurement of student performancelearning gainsin 971 all subjects and grade levels, except those subjects and grade 972 levels measured under the statewide, standardized assessment 973 program described in this section, is the responsibility of the 974 school districts. 975 (b) Except for those subjects and grade levels measured 976 under the statewide, standardized assessment program, beginning 977 with the 2014-2015 school year, each school district shall 978 administer for each course offered in the district a local 979studentassessment that measures student mastery of coursethe980 content, as described in the state-adopted course description,981 at the necessary level of rigor for the course. As adopted 982 pursuant to State Board of Education rule, course content is set 983 forth in the state standards required by s. 1003.41 and in the 984 course description. LocalSuchassessments may include: 985 1. Statewide assessments. 986 2. Other standardized assessments, including nationally 987 recognized standardized assessments. 988 3. Industry certification assessmentsexaminations. 989 4. District-developed or district-selected end-of-course 990 assessments. 991 5. Teacher-selected or principal-selected assessments. 992 (c) Each district school board must adopt policies for 993 selection, development, administration, and scoring of local 994 assessments and for collection of assessment results. Local 995 assessments implemented under subparagraphs (b)4. and 5. may 996 include a variety of assessment formats, including, but not 997 limited to, project-based assessments, adjudicated performances, 998 and practical application assignments. For all English Language 999 Arts, mathematics, science, and social studies courses offered 1000 in the district that are used to meet graduation requirements 1001 under s. 1002.3105, s. 1003.4281, or s. 1003.4282 and that are 1002 not otherwise assessed by statewide, standardized assessments, 1003 the district school board must select the assessments described 1004 in subparagraphs (b)1.-4. 1005 (d)(c)The Commissioner of Education shall identify methods 1006 to assist and support districts in the development and 1007 acquisition of assessments required under this subsection. 1008 Methods may include developing item banks, facilitating the 1009 sharing of developed tests among school districts, acquiring 1010 assessments from state and national curriculum-area 1011 organizations, and providing technical assistance in best 1012 professional practices of test development based upon state 1013 adopted curriculum standards, administration, and security. 1014 (e)(d)Each school district shall establish schedules for 1015 the administration of any district-mandated assessment and 1016 approve the schedules as an agenda item at a district school 1017 board meeting. The school district shall publish the testing 1018 schedules on its website, clearly specifying the district 1019 mandated assessments, and report the schedules to the Department 1020 of Education by October 1 of each year. 1021 Section 13. Subsections (1), (7), and (8) of section 1022 1012.34, Florida Statutes, are amended, and subsections (9) and 1023 (10) are added to that section, to read: 1024 1012.34 Personnel evaluation procedures and criteria.— 1025 (1) EVALUATION SYSTEM APPROVAL AND REPORTING.— 1026 (a) For the purpose of increasing student academic 1027 performancelearning growthby improving the quality of 1028 instructional, administrative, and supervisory services in the 1029 public schools of the state, the district school superintendent 1030 shall establish procedures for evaluating the performance of 1031 duties and responsibilities of all instructional, 1032 administrative, and supervisory personnel employed by the school 1033 district. The district school superintendent shall provide 1034 instructional personnel the opportunity to review their class 1035 rosters for accuracy and to correct any mistakes. The district 1036 school superintendent shallannuallyreport accurate class 1037 rosters for the purpose of calculating district and statewide 1038 student performance and annually report the evaluation results 1039 of instructional personnel and school administrators to the 1040 Department of Education in addition to the information required 1041 under subsection (5). 1042 (b) The department must approve each school district’s 1043 instructional personnel and school administrator evaluation 1044 systems. The department shall monitor each district’s 1045 implementation of its instructional personnel and school 1046 administrator evaluation systems for compliance with the 1047 requirements of this section. 1048 (c) Annually, by December 1,2012,the Commissioner of 1049 Education shall report to the Governor, the President of the 1050 Senate, and the Speaker of the House of Representatives the 1051 approval and implementation status of each school district’s 1052 instructional personnel and school administrator evaluation 1053 systems. The report shall include performance evaluation results 1054 for the prior school year for instructional personnel and school 1055 administrators using the four levels of performance specified in 1056 paragraph (2)(e). The performance evaluation results for 1057 instructional personnel shall be disaggregated by classroom 1058 teachers, as defined in s. 1012.01(2)(a), excluding substitute 1059 teachers, and all other instructional personnel, as defined in 1060 s. 1012.01(2)(b)–(d). The commissioner shall include in the 1061 report each district’s performance-level standards established 1062 under subsection (7), a comparative analysis of the district’s 1063 student academic performance results and evaluation results, 1064 data reported under s. 1012.341,continue to report, by December10651 each year thereafter, each school district’sperformance1066evaluation resultsand the status of any evaluation system 1067 revisions requested by a school district pursuant to subsection 1068 (6). 1069 (7) MEASUREMENT OF STUDENT LEARNING GROWTH.— 1070 (a)By June 1, 2011,The Commissioner of Education shall 1071 approve a formula to measure individual student learning growth 1072 on the statewide, standardized assessments in English Language 1073 Arts and mathematicson the Florida Comprehensive Assessment1074Test (FCAT)administered under s. 1008.221008.22(3)(c)1. The 1075 formula must take into consideration each student’s prior 1076 academic performance. The formula must not set different 1077 expectations for student learning growth based upon a student’s 1078 gender, race, ethnicity, or socioeconomic status. In the 1079 development of the formula, the commissioner shall consider 1080 other factors such as a student’s attendance record, disability 1081 status, or status as an English language learner. The 1082 commissioner shall select additional formulas as appropriate for 1083 the remainder of the statewide assessments included under s. 1084 1008.22 and continue to select formulas as new assessments are 1085 implemented in the state system. After the commissioner approves 1086 the formula to measure individual student learning growthon the1087FCAT and as additional formulas are selected by the commissioner1088for new assessments implemented in the state system, the State 1089 Board of Education shall adopt these formulas inbyrule. 1090 (b)Beginning in the 2011-2012 school year,Each school 1091 district shall measure student learning growth using the 1092 formulasformulaapproved by the commissioner under paragraph 1093 (a) for courses associated with the statewide, standardized 1094 assessments administeredFCAT. Each school district shall1095implement the additional student learning growth measures1096selected by the commissioner under paragraph (a) for the1097remainder of the statewide assessments includedunder s. 1008.22 1098 no later than the school year immediately following the year the 1099 formula is approved by the commissioneras they become1100available.Beginning in the 2014-2015 school year,For grades 1101 and subjects not assessed by statewide, standardized assessments 1102 but otherwise assessed as required under s. 1008.22(6) 11031008.22(8), each school district shall measure performance of 1104 studentsstudent learning growthusing a methodology determined 1105 by the districtan equally appropriate formula. The department 1106 shall provide models for measuring performance of students 1107student learning growthwhich school districts may adopt. 1108 (c) For a course that is not measured by a statewide, 1109 standardized assessment, a school district may request, through 1110 the evaluation system approval process, to use a student’s 1111studentachievement levelmeasurerather thanastudent learning 1112 growthmeasureif achievement is demonstrated to be a more 1113 appropriate measure of classroom teacher performance. A school 1114 district may also request to use a combination of student 1115 learning growth and achievement, if appropriate. 1116 (d) ForIf the student learning growth ina course that is 1117 not measured by a statewide, standardized assessmentbut is1118measured by a school district assessment, a school district may 1119 request, through the evaluation system approval process, that 1120 the performance evaluation for the classroom teacher assigned to 1121 that course include the learning growth of his or her students 1122 on one or more statewide, standardized assessmentsFCAT Reading1123or FCAT Mathematics. The request must clearly explain the 1124 rationale supporting the request.However, the classroom1125teacher’s performance evaluation must give greater weight to1126student learning growth on the district assessment.1127 (e) For purposes of this section and only for the 2014-2015 1128 school year, a school district may use measurable learning 1129 targets on local assessments administered under s. 1008.22(6) to 1130 evaluate the performance of students portion of a classroom 1131 teacher’s evaluation for courses that are not assessed by 1132 statewide, standardized assessments.classroom teachers of1133courses for which the district has not implemented appropriate1134assessments under s. 1008.22(8) or for which the school district1135has not adopted an equally appropriate measure of student1136learning growth under paragraphs (b)-(d), student learning1137growth must be measured by the growth in learning of the1138classroom teacher’s students on statewide assessments, or, for1139courses in which enrolled students do not take the statewide1140assessments, measurableLearning targets must beestablished1141based upon the goals of the school improvement plan andapproved 1142 by the school principal. A district school superintendent may 1143 assign to instructional personnel in an instructional team the 1144 student learning growth of the instructional team’s students on 1145 statewide assessments. This paragraph expires July 1, 2015. 1146 (8) RULEMAKING.—The State Board of Education shall adopt 1147 rules pursuant to ss. 120.536(1) and 120.54 which establish 1148 uniform procedures for the submission, review, and approval of 1149 district evaluation systems and reporting requirements for the 1150 annual evaluation of instructional personnel and school 1151 administrators; specific, discrete standards for each 1152 performance level required under subsection (2) to ensure clear 1153 and sufficient differentiation in the performance levels and to 1154 provide consistency in meaning across school districts; the 1155 measurement of student learning growth and associated 1156 implementation procedures required under subsection (7);a1157process to permit instructional personnel to review the class1158roster for accuracy and to correct any mistakes relating to the1159identity of students for whom the individual is responsible;and 1160 a process for monitoring school district implementation of 1161 evaluation systems in accordance with this section. 1162 Specifically, the rules shall establishastudent performance 1163 levelslearning growth standardthat if not met will result in 1164 the employee receiving an unsatisfactory performance evaluation 1165 rating. In like manner, the rules shall establish a student 1166 performance levellearning growth standardthat must be met in 1167 order for an employee to receive a highly effective rating and a 1168 student learning growth standard that must be met in order for 1169 an employee to receive an effective rating. 1170 (9) TRANSITION TO NEW STATEWIDE, STANDARDIZED ASSESSMENTS. 1171 Standards for each performance level required under subsection 1172 (2) shall be established by the State Board of Education 1173 beginning with the 2015-2016 school year. 1174 (10) DISTRICT BONUS REWARDS FOR PERFORMANCE PAY BASED ON 1175 EVALUATION PROGRESS.—School districts are eligible for bonus 1176 rewards as provided for in the 2014 General Appropriations Act 1177 for making outstanding progress toward educator effectiveness, 1178 including implementation of instructional personnel salaries 1179 based on performance results under s. 1012.34 and the use of 1180 local assessment results in personnel evaluations when 1181 statewide, standardized assessments are not administered. 1182 Section 14. Section 1012.341, Florida Statutes, is amended 1183 to read: 1184 1012.341 Exemption from performance evaluation system and 1185 compensation and salary schedule requirements.— 1186 (1) Hillsborough CountyNotwithstanding any other provision1187of this act, aSchool Districtthatreceived an exemption under 1188 Florida’s Race to the Top Memorandum of Understanding for Phase 1189 2, as provided in s. (D)(2)(ii) of the memorandum. Accordingly, 1190 notwithstanding any other provision of law, Hillsborough County 1191 School District,is allowed to base 40 percent, instead of 50 1192 percent, of instructional personnel and school administrator 1193 performance evaluations upon student performancelearning growth1194 under s. 1012.34, as amended by this act. The school district is 1195 also exempt from the amendments to s. 1012.22(1)(c) made by 1196 chapter 2011-1, Laws of Floridathis act. The exemptions 1197 described in this subsection are effective beginning withfor1198 the 2011-2012 school year and until the expiration of this 1199 sectionare effective for each school year thereafter if the1200school district receives annual approval by the State Board of1201Education. 1202 (2) By October 1, 2014, and by October 1 annually 1203 thereafter, the superintendent of Hillsborough County School 1204 District shall attest, in writing, to the Commissioner of 1205 Education thatThe State Board of Education shall base its1206approval upon demonstration by the school district of the1207following: 1208 (a) The instructional personnel and school administrator 1209 evaluation systems base at least 40 percent of an employee’s 1210 performance evaluation upon student performance and that student 1211 performance is the single greatest component of an employee’s 1212 evaluation. 1213 (b) The instructional personnel and school administrator 1214 evaluation systems adopt the Commissioner of Education’s student 1215 learning growth formula for statewide assessments as provided 1216 under s. 1012.34(7). 1217 (c) The school district’s instructional personnel and 1218 school administrator compensation system awards salary increases 1219 based upon sustained student performance. 1220 (d) The school district’s contract system awards 1221 instructional personnel and school administrators based upon 1222 student performance and removes ineffective employees. 1223(e) Beginning with the 2014-2015 school year and each1224school year thereafter, student learning growth based upon1225performance on statewide assessments under s. 1008.22 must have1226significantly improved compared to student learning growth in1227the district in 2011-2012 and significantly improved compared to1228other school districts.1229 (3) Failure to comply with subsection (2) is grounds for 1230 the State Board of Education, at a public hearing, to revoke the 1231 exemptionThe State Board of Education shall annually renew a1232school district’s exemptions if the school district demonstrates1233that it meets the requirements of subsection (2). If the1234exemptions are not renewed, the school district must comply with1235the requirements and laws described in subsection (1) by the1236beginning of the next school year immediately following the loss1237of the exemptions. 1238(4) The State Board of Education shall adopt rules pursuant1239to ss. 120.536(1) and 120.54 to establish the procedures for1240applying for the exemptions and the criteria for renewing the1241exemptions.1242 1243 This section isshall berepealed August 1, 2017, unless 1244 reviewed and reenacted by the Legislature. 1245 Section 15. This act shall take effect July 1, 2014.