Bill Text: FL S1642 | 2014 | Regular Session | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
Florida Senate - 2014 CS for SB 1642 By the Committees on Appropriations; and Education 576-03324-14 20141642c1 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; requiring the 26 Commissioner of Education to exempt students from 27 taking statewide, standardized assessments under 28 certain circumstances; authorizing a parent to request 29 that a student who is granted an exemption participate 30 in statewide, standardized assessments; requiring the 31 State Board of Education to adopt rules; providing an 32 effective date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1. Section 1008.34, Florida Statutes, is amended to 37 read: 38 1008.34 School grading system; school report cards; 39 district grade.— 40 (1) DEFINITIONS.—For purposes of the statewide, 41 standardized assessment program and school grading system, the 42 following terms are defined: 43 (a) “Achievement level,” “student achievement,” or 44 “achievement” describes the level of content mastery a student 45 has acquired in a particular subject as measured by a statewide, 46 standardized assessment administered pursuant to s. 47 1008.22(3)(a) and (b). There are five achievement levels. Level 48 1 is the lowest achievement level, level 5 is the highest 49 achievement level, and level 3 indicates satisfactory 50 performance. A student passes an assessment if the student 51 achieves a level 3, level 4, or level 5. For purposes of the 52 Florida Alternate Assessment administered pursuant to s. 53 1008.22(3)(c), the state board shall provide, in rule, the 54 number of achievement levels and identify the achievement levels 55 that are considered passing. 56 (b) “Learning Gains,” “annual learning gains,” or “student 57 learning gains” means the degree of student learning growth 58 occurring from one school year to the next as required by state 59 board rule for purposes of calculating school grades under this 60 section. 61 (c) “Student performance,” “student academic performance,” 62 or “academic performance” includes, but is not limited to, 63 student learning growth, achievement levels, and Learning Gains 64 on statewide, standardized assessments administered pursuant to 65 s. 1008.22. 66(1) ANNUAL REPORTS.—The Commissioner of Education shall67prepare annual reports of the results of the statewide68assessment program which describe student achievement in the69state, each district, and each school. The commissioner shall70prescribe the design and content of these reports, which must71include descriptions of the performance of all schools72participating in the assessment program and all of their major73student populations as determined by the commissioner. The74report must also include the percent of students performing at75or above grade level and making learning gains in reading and76mathematics. The provisions of s. 1002.22 pertaining to student77records apply to this section.78 (2) SCHOOL GRADES.—The annual report shall identifySchools 79 shall be graded usingas havingone of the following grades, 80 defined according to rules of the State Board of Education: 81 (a) “A,” schools making excellent progress. 82 (b) “B,” schools making above average progress. 83 (c) “C,” schools making satisfactory progress. 84 (d) “D,” schools making less than satisfactory progress. 85 (e) “F,” schools failing to make adequate progress. 86 87 Each school that earns a grade of “A” or improves at least two 88 letter grades mayshallhave greater authority over the 89 allocation of the school’s total budget generated from the FEFP, 90 state categoricals, lottery funds, grants, and local funds, as91specified in state board rule.The rule must provide that the92increased budget authority shall remain in effect until the93school’s grade declines.94 (3) DESIGNATION OF SCHOOL GRADES.— 95 (a) Each school must assess at least 95 percent of its 96 eligible students, except as provided under s. 1008.341 for 97 alternative schools.Beginning with the 2013-2014 school year,98 Each schoolthat has students who are tested and included in the99school grading systemshall receive a school grade based on the 100 school’s performance on the components listed in subparagraphs 101 (b)1. and 2. If a school does not have at least 10 students with 102 complete data for one or more of the components listed in 103 subparagraphs (b)1. and 2., those components may not be used in 104 calculating the school’s grade.if the number of its students105tested on statewide assessments pursuant to s. 1008.22 meets or106exceeds the minimum sample size of 10, except as follows:107 1. An alternative school may choose to receive a school 108 grade under this section or a school improvement rating under s. 109 1008.341. For charter schools that meet the definition of an 110 alternative school pursuant to State Board of Education rule, 111 the decision to receive a school grade is the decision of the 112 charter school governing board. 113 2. A school that serves any combination of students in 114 kindergarten through grade 3 thatwhichdoes not receive a 115 school grade because its students are not tested and included in 116 the school grading system shall receive the school grade 117 designation of a K-3 feeder pattern school identified by the 118 Department of Education and verified by the school district. A 119 school feeder pattern exists if at least 60 percent of the 120 students in the school serving a combination of students in 121 kindergarten through grade 3 are scheduled to be assigned to the 122 graded school. 123 3. If a collocated school does not earn a school grade or 124 school improvement rating for the performance of its students, 125 the student performance data of all schools operating at the 126 same facility must be aggregated to develop a school grade that 127 will be assigned to all schools at that location. A collocated 128 school is a school that has its own unique master school 129 identification number, provides for the education of each of its 130 enrolled students, and operates at the same facility as another 131 school that has its own unique master school identification 132 number and provides for the education of each of its enrolled 133 students. 134 (b)1. Beginning with the 2014-2015 school year, a school’s 135 grade shall be based on the following components, each worth 100 136 pointsa combination of: 137 a. The percentage of eligible students passingStudent138achievement scores onstatewide, standardized assessments in 139 English Language Arts under s. 1008.22(3)1008.22 and140achievement scores for students seeking a special diploma. 141 b. The percentage of eligible students passing statewide, 142 standardized assessments in mathematics under s. 1008.22(3). 143 c. The percentage of eligible students passing statewide, 144 standardized assessments in science under s. 1008.22(3). 145 d. The percentage of eligible students passing the 146 statewide, standardized assessments in social studies under s. 147 1008.22(3). 148 e.b.The percentage of eligible students who makeStudent149 Learning Gains inFCAT Reading or, upon transition to common150core assessments, the common coreEnglish Language Artsand151Mathematics assessmentsas measured by statewide, standardized 152 assessments administered underpursuant tos. 1008.22(3) 1531008.22, including learning gains for students seeking a special154diploma, as measured by an alternate assessment. 155 f. The percentage of eligible students who make Learning 156 Gains in mathematics as measured by statewide, standardized 157 assessments administered under s. 1008.22(3). 158 g.c.The percentage of eligible students inImprovement of159 the lowest 25 percent in English Language Arts, as identified by 160 prior year performance on statewide, standardized assessments, 161 who make Learning Gains as measured by statewide, standardized 162 English Language Arts assessments administered under s. 163 1008.22(3)25th percentile of students in the school in reading164or, upon transition to common core assessments, English Language165Arts and Mathematics assessments administered pursuant to s.1661008.22, unless these students are exhibiting satisfactory167performance. 168 h. The percentage of eligible students in the lowest 25 169 percent in mathematics, as identified by prior year performance 170 on statewide, standardized assessments, who make Learning Gains 171 as measured by statewide, standardized mathematics assessments 172 administered under s. 1008.22(3). 173 i. For schools comprised of middle grades 6 through 8 or 174 grades 7 and 8, the school’s grade shall include the percentage 175 of eligible students passing high school level statewide, 176 standardized end-of-course assessments for courses required for 177 high school graduation. The school grades shall include the 178 students’ attainment of national industry certifications that 179 satisfy high school graduation requirements and are identified 180 in the Industry Certification Funding List pursuant to rules 181 adopted by the state board. 182 183 In calculating Learning Gains for the components listed in sub 184 subparagraphs e.-i., the State Board of Education shall require 185 that learning growth toward achievement levels 3, 4, and 5 is 186 demonstrated by students who scored below each of those levels 187 in the prior year. 1882. Beginning with the 2011-2012 school year, for schools189comprised of middle grades 6 through 8 or grades 7 and 8, the190school’s grade shall include the performance and participation191of its students enrolled in high school level courses with192statewide, standardized assessments administered under s.1931008.22. Performance and participation must be weighted equally.194As valid data becomes available, the school grades shall include195the students’ attainment of national industry certification196identified in the Industry Certification Funding List pursuant197to rules adopted by the state board.198 2.3.Beginning with the 2009-2010 school yearFor a school 199schoolscomprised ofhigh schoolgrades 9, 10, 11, and 12, or 200 grades 10, 11, and 12, the school’s gradeat least 50 percent of201the school gradeshall be based on sub-subparagraphs 1.a.-h. and 202a combination of the factors listed in sub-subparagraphs 1.a.-c.203and the remaining percentage onthe following components, each 204 worth 100 pointsfactors: 205 a. The four-year high school graduation rate of the school, 206 as defined by state board rule.;207 b. The percentage of students who were eligible to earn 208 college and career credit throughAs valid data becomes209available, the performance and participation of the school’s210students inCollege Board Advanced Placement examinations 211courses, International Baccalaureate examinationscourses, dual 212 enrollment courses, orandAdvanced International Certificate of 213 Education examinationscourses; or who, at any time during high 214 school, earnedand the students’ achievement ofnational 215 industry certification identified in the Industry Certification 216 Funding List, pursuant to rules adopted by the state board.;217 (c)1. The calculation of a school grade shall be based on 218 the percentage of points earned from the components listed in 219 subparagraph (b)1. and, if applicable, subparagraph (b)2. The 220 State Board of Education shall adopt in rule a school grading 221 scale that sets the percentage of points needed to earn each of 222 the school grades listed in subsection (2). There shall be at 223 least 5 percentage points separating the percentage thresholds 224 needed to earn each of the school grades. Each school year, the 225 percentage of schools earning “A” and “B” grades shall be 226 reviewed to determine whether to adjust the school grading scale 227 upward for the following school year’s calculation of school 228 grades. An adjustment must be made if the percentage of schools 229 earning an “A” and “B” in the current year represents 75 percent 230 or more of all graded schools within a particular school type 231 used for accountability. The adjustment must reset the minimum 232 required percentage of points for each grade at a percentage 233 threshold that would yield less than 75 percent of schools 234 earning an “A” and “B” if applied in the year mandating the 235 adjustment. The adjustments shall end when the following grade 236 scale is achieved: 237 a. Ninety percent or more of the points for an “A.” 238 b. Eighty to 89 percent of the points for a “B.” 239 c. Seventy to 79 percent of the points for a “C.” 240 d. Sixty to 69 percent of the points for a “D.” 241 e. Fifty-nine percent or less of the points for an “F.” 242 2. The calculation of school grades may not include any 243 provision that would raise or lower the school’s grade beyond 244 the percentage of points earned. Extra weight may not be added 245 in the calculation of any components. 246c. Postsecondary readiness of all of the school’s on-time247graduates as measured by the SAT, the ACT, the Postsecondary248Education Readiness Test, or the common placement test;249d. The high school graduation rate of at-risk students, who250score Level 1 or Level 2 on grade 8 FCAT Reading or the English251Language Arts and mathematics assessments administered under s.2521008.22;253e. As valid data becomes available, the performance of the254school’s students on statewide, standardized end-of-course255assessments administered under s. 1008.22(3)(b)4. and 5.; and256f. The growth or decline in the components listed in sub257subparagraphs a.-e. from year to year.258(c) Student assessment data used in determining school259grades shall include:2601. The aggregate scores of all eligible students enrolled261in the school who have been assessed on statewide, standardized262assessments in courses required for high school graduation,263including, beginning with the 2011-2012 school year, the end-of264course assessment in Algebra I; and beginning with the 2012-2013265school year, the end-of-course assessments in Geometry and266Biology I; and beginning with the 2014-2015 school year, on the267statewide, standardized end-of-course assessment in civics268education at the middle grades level.2692. The aggregate scores of all eligible students enrolled270in the school who have been assessed on statewide, standardized271assessments under s. 1008.22 and who have scored at or in the272lowest 25th percentile of students in the school in reading and273mathematics, unless these students are exhibiting satisfactory274performance.275 (d) The performance of students attending alternative 276 schools and students designated as hospital or homebound shall 277 be factored into a school grade as follows: 278 1.3.The student performance data forachievement scores279and learning gains ofeligible students attending alternative 280 schools that provide dropout prevention and academic 281 intervention services pursuant to s. 1003.53 shall be included 282 in the calculation of the home school’s grade. The term 283 “eligible students” in this subparagraph does not include 284 students attending an alternative school who are subject to 285 district school board policies for expulsion for repeated or 286 serious offenses, who are in dropout retrieval programs serving 287 students who have officially been designated as dropouts, or who 288 are in programs operated or contracted by the Department of 289 Juvenile Justice.The student performance data for eligible290students identified in this subparagraph shall be included in291the calculation of the home school’s grade.As used in this 292 subparagraph and s. 1008.341, the term “home school” means the 293 school to which the student would be assigned if the student 294 were not assigned to an alternative school. If an alternative 295 school chooses to be graded under this section, student 296 performance data for eligible students identified in this 297 subparagraph shall not be included in the home school’s grade 298 but shall be included only in the calculation of the alternative 299 school’s grade. A school district that fails to assign 300 statewide, standardized end-of-course assessment scores of each 301 of its students to his or her home school or to the alternative 302 school that receives a grade shall forfeit Florida School 303 Recognition Program funds for one1fiscal year. School 304 districts must require collaboration between the home school and 305 the alternative school in order to promote student success. This 306 collaboration must include an annual discussion between the 307 principal of the alternative school and the principal of each 308 student’s home school concerning the most appropriate school 309 assignment of the student. 310 2.4.Student performance data forThe achievement scores311and learning gains ofstudents designated as hospital or 312 homeboundhospital- or homebound. Student assessment data for313students designated as hospital- or homeboundshall be assigned 314 to their home school for the purposes of school grades. As used 315 in this subparagraph, the term “home school” means the school to 316 which a student would be assigned if the student were not 317 assigned to a hospital or homeboundhospital- or homebound318 program. 3195. For schools comprised of high school grades 9, 10, 11,320and 12, or grades 10, 11, and 12, the data listed in321subparagraphs 1.-3. and the following data as the Department of322Education determines such data are valid and available:323a. The high school graduation rate of the school as324calculated by the department;325b. The participation rate of all eligible students enrolled326in the school and enrolled in College Board Advanced Placement327courses; International Baccalaureate courses; dual enrollment328courses; Advanced International Certificate of Education329courses; and courses or sequences of courses leading to national330industry certification identified in the Industry Certification331Funding List, pursuant to rules adopted by the State Board of332Education;333c. The aggregate scores of all eligible students enrolled334in the school in College Board Advanced Placement courses,335International Baccalaureate courses, and Advanced International336Certificate of Education courses;337d. Earning of college credit by all eligible students338enrolled in the school in dual enrollment programs under s.3391007.271;340e. Earning of a national industry certification identified341in the Industry Certification Funding List, pursuant to rules342adopted by the State Board of Education;343f. The aggregate scores of all eligible students enrolled344in the school in reading, mathematics, and other subjects as345measured by the SAT, the ACT, the Postsecondary Education346Readiness Test, and the common placement test for postsecondary347readiness;348g. The high school graduation rate of all eligible at-risk349students enrolled in the school who scored Level 2 or lower on350grade 8 FCAT Reading and FCAT Mathematics;351h. The performance of the school’s students on statewide,352standardized end-of-course assessments administered under s.3531008.22(3)(b)4. and 5.; and354i. The growth or decline in the data components listed in355sub-subparagraphs a.-h. from year to year.356 357The State Board of Education shall adopt appropriate criteria358for each school grade. The criteria must also give added weight359to student achievement in reading. Schools earning a grade of360“C,” making satisfactory progress, shall be required to361demonstrate that adequate progress has been made by students in362the school who are in the lowest 25th percentile in reading and363mathematics on statewide, standardized assessments under s.3641008.22, unless these students are exhibiting satisfactory365performance. For schools comprised of high school grades 9, 10,36611, and 12, or grades 10, 11, and 12, the criteria for school367grades must also give added weight to the graduation rate of all368eligible at-risk students. In order for a high school to earn a369grade of “A,” the school must demonstrate that its at-risk370students, as defined in this paragraph, are making adequate371progress.372(4) SCHOOL IMPROVEMENT RATINGS.—The annual report shall373identify each school’s performance as having improved, remained374the same, or declined. This school improvement rating shall be375based on a comparison of the current year’s and previous year’s376student and school performance data. A school that improves its377rating by at least one level is eligible for school recognition378awards pursuant to s. 1008.36.379 (4)(5)SCHOOL REPORT CARD.—The Department of Education 380 shall annually develop, in collaboration with the school 381 districts, a school report card to be provided by the school 382 district to parents within the district. The report card shall 383 include the school’s grade; student performance in English 384 Language Arts, mathematics, science, and social studies;,385 information regarding school improvement;,an explanation of 386 school performance as evaluated by the federal Elementary and 387 Secondary Education Act (ESEA), 20 U.S.C. ss. 6301 et seq.;,and 388 indicators of return on investment. Each school’s report card 389 shall be published annually by the department on its website 390 based upon the most recent data available. 391(6) PERFORMANCE-BASED FUNDING.—The Legislature may factor392in the performance of schools in calculating any performance393based funding policy that is provided for annually in the394General Appropriations Act.395 (5)(7)DISTRICT GRADE.—The annual report required by396subsection (1) shall include the school district’s grade.397 Beginning with the 2014-2015 school year, a school district’s 398 grade shall include a district-level calculation of the 399 components under paragraph (3)(b)be calculated using student400performance and learning gains data on statewide assessments401used for determining school grades under subparagraph (3)(b)1.402for each eligible student enrolled for a full school year in the403district. This calculation methodology captures each eligible 404 student in the district who may have transferred among schools 405 within the district or is enrolled in a school that does not 406 receive a grade. The department shall develop a district report 407 card that includes the district’s grade; measures of the 408 district’s progress in closing the achievement gap between 409 higher-performing student subgroups and lower-performing student 410 subgroups; measures of the district’s progress in demonstrating 411 Learning Gains of its highest-performing students; measures of 412 the district’s success in improving student attendance; the 413 district’s grade-level promotion of students scoring achievement 414 levels 1 and 2 on statewide, standardized English Language Arts 415 and mathematics assessments; and measures of the district’s 416 performance in preparing students for the transition from 417 elementary to middle school, middle to high school, and high 418 school to postsecondary institutions and careers. 419 (6)(8)RULES.—The State Board of Education shall adopt 420 rules under ss. 120.536(1) and 120.54 to administer this 421 section. 422 (7) TRANSITION.—School grades and school improvement 423 ratings pursuant to s. 1008.341 for the 2013-2014 school year 424 shall be calculated based on statutes and rules in effect on 425 June 30, 2014. To assist in the transition to 2014-2015 school 426 grades, calculated based on new statewide, standardized 427 assessments administered pursuant to s. 1008.22, the 2014-2015 428 school grades shall serve as an informational baseline for 429 schools to work toward improved performance in future years. 430 Accordingly, notwithstanding any other provision of law: 431 (a) A school may not be required to select and implement a 432 turnaround option pursuant to s. 1008.33 in the 2015-2016 school 433 year based on the school’s 2014-2015 grade or school improvement 434 rating under s. 1008.341, as applicable. 435 (b)1. A school or approved provider under s. 1002.45 that 436 receives the same or a lower school grade or school improvement 437 rating for the 2014-2015 school year compared to the 2013-2014 438 school year is not subject to sanctions or penalties that would 439 otherwise occur as a result of the 2014-2015 school grade or 440 rating. A charter school system or a school district designated 441 as high performing may not lose the designation based on the 442 2014-2015 school grades of any of the schools within the charter 443 school system or school district, as applicable. 444 2. The Florida School Recognition Program established under 445 s. 1008.36 shall continue to be implemented as otherwise 446 provided in the General Appropriations Act. 447 (c) For purposes of determining grade 3 retention pursuant 448 to s. 1008.25(5) and high school graduation pursuant to s. 449 1003.4282, student performance on the 2014-2015 statewide, 450 standardized assessments shall be linked to 2013-2014 student 451 performance expectations. 452 453 This subsection is repealed July 1, 2017. 454 Section 2. Subsection (18) of section 1001.42, Florida 455 Statutes, is amended to read: 456 1001.42 Powers and duties of district school board.—The 457 district school board, acting as a board, shall exercise all 458 powers and perform all duties listed below: 459 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY. 460 Maintain astatesystem of school improvement and education 461 accountability as provided by statute and State Board of 462 Education rule. This system of school improvement and education 463 accountability shall be consistent with, and implemented 464 through, the district’s continuing system of planning and 465 budgeting required by this section and ss. 1008.385, 1010.01, 466 and 1011.01. This system of school improvement and education 467 accountability shall comply with the provisions of ss. 1008.33, 468 1008.34, 1008.345, and 1008.385 and include the following: 469 (a) School improvement plans.—The district school board 470 shall annually approve and require implementation of a new, 471 amended, or continuation school improvement plan for each school 472 in the district. If a school has a significant gap in 473 achievement on statewide, standardized assessments administered 474 pursuant to s. 1008.221008.34(3)(b)by one or more student 475 subgroups, as defined in the federal Elementary and Secondary 476 Education Act (ESEA), 20 U.S.C. s. 6311(b)(2)(C)(v)(II); has not 477 significantly increaseddecreasedthe percentage of students 478 passingscoring below satisfactory onstatewide, standardized 479 assessments; has not significantly increased the percentage of 480 students demonstrating Learning Gains, as defined in s. 1008.34 481 and as calculated under s. 1008.34(3)(b), who passed statewide, 482 standardized assessments; or has significantly lower graduation 483 rates for a subgroup when compared to the state’s graduation 484 rate, that school’s improvement plan shall include strategies 485 for improving these results. The state board shall adopt rules 486 establishing thresholds and for determining compliance with this 487 paragraph. 488 (b) Public disclosure.—The district school board shall 489 provide information regarding the performance of students and 490 educational programs as required pursuant to ss. 1008.22 and 491 1008.385 and implement a system of school reports as required by 492 statute and State Board of Education rule which shall include 493 schools operating for the purpose of providing educational 494 services to youth in Department of Juvenile Justice programs, 495 and for those schools, report on the elements specified in s. 496 1003.52(19). Annual public disclosure reports shall be in an 497 easy-to-read report card format and shall include the school’s 498 grade, high school graduation rate calculated without GED tests, 499 disaggregated by student ethnicity, and performance data as 500 specified in state board rule. 501 (c) School improvement funds.—The district school board 502 shall provide funds to schools for developing and implementing 503 school improvement plans. Such funds shall include those funds 504 appropriated for the purpose of school improvement pursuant to 505 s. 24.121(5)(c). 506 Section 3. Paragraph (n) of subsection (9) and paragraph 507 (b) of subsection (21) of section 1002.33, Florida Statutes, are 508 amended to read: 509 1002.33 Charter schools.— 510 (9) CHARTER SCHOOL REQUIREMENTS.— 511 (n)1. The director and a representative of the governing 512 board of a charter school that has earned a grade of “D” or “F” 513 pursuant to s. 1008.341008.34(2)shall appear before the 514 sponsor to present information concerning each contract 515 component having noted deficiencies. The director and a 516 representative of the governing board shall submit to the 517 sponsor for approval a school improvement plan to raise student 518 performanceachievement. Upon approval by the sponsor, the 519 charter school shall begin implementation of the school 520 improvement plan. The department shall offer technical 521 assistance and training to the charter school and its governing 522 board and establish guidelines for developing, submitting, and 523 approving such plans. 524 2.a. If a charter school earns three consecutive grades of 525 “D,” two consecutive grades of “D” followed by a grade of “F,” 526 or two nonconsecutive grades of “F” within a 3-year period, the 527 charter school governing board shall choose one of the following 528 corrective actions: 529 (I) Contract for educational services to be provided 530 directly to students, instructional personnel, and school 531 administrators, as prescribed in state board rule; 532 (II) Contract with an outside entity that has a 533 demonstrated record of effectiveness to operate the school; 534 (III) Reorganize the school under a new director or 535 principal who is authorized to hire new staff; or 536 (IV) Voluntarily close the charter school. 537 b. The charter school must implement the corrective action 538 in the school year following receipt of a third consecutive 539 grade of “D,” a grade of “F” following two consecutive grades of 540 “D,” or a second nonconsecutive grade of “F” within a 3-year 541 period. 542 c. The sponsor may annually waive a corrective action if it 543 determines that the charter school is likely to improve a letter 544 grade if additional time is provided to implement the 545 intervention and support strategies prescribed by the school 546 improvement plan. Notwithstanding this sub-subparagraph, a 547 charter school that earns a second consecutive grade of “F” is 548 subject to subparagraph 4. 549 d. A charter school is no longer required to implement a 550 corrective action if it improves by at least one letter grade. 551 However, the charter school must continue to implement 552 strategies identified in the school improvement plan. The 553 sponsor must annually review implementation of the school 554 improvement plan to monitor the school’s continued improvement 555 pursuant to subparagraph 5. 556 e. A charter school implementing a corrective action that 557 does not improve by at least one letter grade after 2 full 558 school years of implementing the corrective action must select a 559 different corrective action. Implementation of the new 560 corrective action must begin in the school year following the 561 implementation period of the existing corrective action, unless 562 the sponsor determines that the charter school is likely to 563 improve a letter grade if additional time is provided to 564 implement the existing corrective action. Notwithstanding this 565 sub-subparagraph, a charter school that earns a second 566 consecutive grade of “F” while implementing a corrective action 567 is subject to subparagraph 4. 568 3. A charter school with a grade of “D” or “F” that 569 improves by at least one letter grade must continue to implement 570 the strategies identified in the school improvement plan. The 571 sponsor must annually review implementation of the school 572 improvement plan to monitor the school’s continued improvement 573 pursuant to subparagraph 5. 574 4. The sponsor shall terminate a charter if the charter 575 school earns two consecutive grades of “F” unless: 576 a. The charter school is established to turn around the 577 performance of a district public school pursuant to s. 578 1008.33(4)(b)3. Such charter schools shall be governed by s. 579 1008.33; 580 b. The charter school serves a student population the 581 majority of which resides in a school zone served by a district 582 public school that earned a grade of “F” in the year before the 583 charter school opened and the charter school earns at least a 584 grade of “D” in its third year of operation. The exception 585 provided under this sub-subparagraph does not apply to a charter 586 school in its fourth year of operation and thereafter; or 587 c. The state board grants the charter school a waiver of 588 termination. The charter school must request the waiver within 589 15 days after the department’s official release of school 590 grades. The state board may waive termination if the charter 591 school demonstrates that the Learning Gains of its students on 592 statewide assessments are comparable to or better than the 593 Learning Gains of similarly situated students enrolled in nearby 594 district public schools. The waiver is valid for 1 year and may 595 only be granted once. Charter schools that have been in 596 operation for more than 5 years are not eligible for a waiver 597 under this sub-subparagraph. 598 5. The director and a representative of the governing board 599 of a graded charter school that has implemented a school 600 improvement plan under this paragraph shall appear before the 601 sponsor at least once a year to present information regarding 602 the progress of intervention and support strategies implemented 603 by the school pursuant to the school improvement plan and 604 corrective actions, if applicable. The sponsor shall communicate 605 at the meeting, and in writing to the director, the services 606 provided to the school to help the school address its 607 deficiencies. 608 6. Notwithstanding any provision of this paragraph except 609 sub-subparagraphs 4.a.-c., the sponsor may terminate the charter 610 at any time pursuant to subsection (8). 611 (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.— 612 (b)1. The Department of Education shall report to each 613 charter school receiving a school grade pursuant to s. 1008.34 614 or a school improvement rating pursuant to s. 1008.341 the 615 school’s student assessment datapursuant to s. 1008.34(3)(c)616which is reported to schools that receive a school grade or617student assessment data pursuant to s. 1008.341(3) which is618reported to alternative schools that receive a school619improvement rating to each charter school that:620a. Does not receive a school grade pursuant to s. 1008.34621or a school improvement rating pursuant to s. 1008.341; and622b. Serves at least 10 students who are tested on the623statewide assessment test pursuant to s. 1008.22. 624 2. The charter school shall report the information in 625 subparagraph 1. to each parent of a student at the charter 626 school, the parent of a child on a waiting list for the charter 627 school, the district in which the charter school is located, and 628 the governing board of the charter school. This paragraph does 629 not abrogate the provisions of s. 1002.22, relating to student 630 records, or the requirements of 20 U.S.C. s. 1232g, the Family 631 Educational Rights and Privacy Act. 632 3.a. Pursuant to this paragraph, the Department of 633 Education shall compare the charter school student performance 634 data for each charter school in subparagraph 1. with the student 635 performance data in traditional public schools in the district 636 in which the charter school is located and other charter schools 637 in the state. For alternative charter schools, the department 638 shall compare the student performance data described in this 639 paragraph with all alternative schools in the state. The 640 comparative data shall be provided by the following grade 641 groupings: 642 (I) Grades 3 through 5; 643 (II) Grades 6 through 8; and 644 (III) Grades 9 through 11. 645 b. Each charter school shall provide the information 646 specified in this paragraph on its Internet website and also 647 provide notice to the public at large in a manner provided by 648 the rules of the State Board of Education. The State Board of 649 Education shall adopt rules to administer the notice 650 requirements of this subparagraph pursuant to ss. 120.536(1) and 651 120.54. The website shall include, through links or actual 652 content, other information related to school performance. 653 Section 4. Paragraphs (a) and (d) of subsection (1) of 654 section 1003.621, Florida Statutes, are amended to read: 655 1003.621 Academically high-performing school districts.—It 656 is the intent of the Legislature to recognize and reward school 657 districts that demonstrate the ability to consistently maintain 658 or improve their high-performing status. The purpose of this 659 section is to provide high-performing school districts with 660 flexibility in meeting the specific requirements in statute and 661 rules of the State Board of Education. 662 (1) ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.— 663 (a) A school district is an academically high-performing 664 school district if it meets the following criteria: 665 1.a.Beginning with the 2004-2005 school year,Earns a 666 grade of “A” under s. 1008.341008.34(7)for 2 consecutive 667 years; and 668 b. Has no district-operated school that earns a grade of 669 “F” under s. 1008.34; 670 2. Complies with all class size requirements in s. 1, Art. 671 IX of the State Constitution and s. 1003.03; and 672 3. Has no material weaknesses or instances of material 673 noncompliance noted in the annual financial audit conducted 674 pursuant to s. 11.45 or s. 218.39. 675 (d) In order to maintain the designation as an academically 676 high-performing school district pursuant to this section, a 677 school district must meet the following requirements: 678 1. Comply with the provisions of subparagraphs (a)2. and 679 3.; and 680 2. Earn a grade of “A” under s. 1008.341008.34(7)for 2 681 years within a 3-year period. 682 683 However, a district in which a district-operated school earns a 684 grade of “F” under s. 1008.34 during the 3-year period may not 685 continue to be designated as an academically high-performing 686 school district during the remainder of that 3-year period. The 687 district must meet the criteria in paragraph (a) in order to be 688 redesignated as an academically high-performing school district. 689 Section 5. Paragraph (b) of subsection (1) of section 690 1008.31, Florida Statutes, is amended to read: 691 1008.31 Florida’s K-20 education performance accountability 692 system; legislative intent; mission, goals, and systemwide 693 measures; data quality improvements.— 694 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 695 that: 696 (b) The K-20 education performance accountability system be 697 established as a single, unified accountability system with 698 multiple components, including, but not limited to,measures of699adequate yearly progress, individualstudent performance 700learning gainsin public schools and,school and district 701 grades, and return on investment. 702 Section 6. Subsection (2) of section 1008.33, Florida 703 Statutes, is amended to read: 704 1008.33 Authority to enforce public school improvement.— 705 (2)(a) Pursuant to subsection (1) and ss. 1008.34, 706 1008.345, and 1008.385, the State Board of Education shall hold 707 all school districts and public schools accountable for student 708 performance. The state board is responsible for a state system 709 of school improvement and education accountability that assesses 710 student performance by school, identifies schools thatin which711studentsare not meeting accountabilitymaking adequate progress712toward statestandards, and institutes appropriate measures for 713 enforcing improvement. 714 (b) The state system of school improvement and education 715 accountability must provide for uniform accountability 716 standards, provide assistance of escalating intensity tolow717performingschools not meeting accountability standards, direct 718 support to schools in order to improve and sustain performance, 719 focus on the performance of student subgroups, and enhance 720 student performance. 721 (c) School districts must be held accountable for improving 722 the academic performanceachievementof all students and for 723 identifying and improvingturning around low-performingschools 724 that fail to meet accountability standards. 725 Section 7. Subsections (2), (3), and (4) of section 726 1008.341, Florida Statutes, are amended to read: 727 1008.341 School improvement rating for alternative 728 schools.— 729 (2) SCHOOL IMPROVEMENT RATING.—An alternative school is a 730 school that provides dropout prevention and academic 731 intervention services pursuant to s. 1003.53. An alternative 732 school shall receive a school improvement rating pursuant to 733 this section unless the school earns a school grade pursuant to 734 s. 1008.34. AnBeginning with the 2013-2014 school year, each735 alternative school that chooses to receive a school improvement 736 rating shall receive a school improvement rating if the number 737 of its students for whom student performance data on statewide, 738 standardized assessments pursuant to s. 1008.22 which is 739 available for the current year and previous year meets or 740 exceeds the minimum sample size of 10. If an alternative school 741 does not have at least 10 students with complete data for a 742 component listed in subsection (3), that component may not be 743 used in calculating the school’s improvement rating. The 744 calculation of the school improvement rating shall be based on 745 the percentage of points earned from the components listed in 746 subsection (3). An alternative school that tests at least 80 747 percent of its students may receive a school improvement rating. 748 If an alternative school tests less than 90 percent of its 749 students, the school may not earn a rating higher than 750 “maintaining.” Beginning with the 2016-2017 school year, if an 751 alternative school does not meet the requirements for the 752 issuance of a school improvement rating in the current year, and 753 has failed to receive a school improvement rating for the prior 754 2 consecutive years, the school shall receive a rating for the 755 current year based upon a compilation of all student Learning 756 Gains, for all grade levels, for those 3 years. Likewise, if the 757 school fails to meet the requirements for a rating the following 758 year or any year thereafter, the school’s rating shall be based 759 on a compilation of student Learning Gains achieved during the 760 current and prior 2 years. The school improvement rating shall 761 identify an alternative school as having one of the following 762 ratings defined according to rules of the State Board of 763 Education: 764 (a) “Commendable”“Improving”means a significant 765 percentage of the students attending the school are making 766 Learning Gainsmore academic progress than when the students767were served in their home schools. 768 (b) “Maintaining” means a sufficient percentage of the 769 students attending the school are making Learning Gainsprogress770equivalent to the progress made when the students were served in771their home schools. 772 (c) “Unsatisfactory”“Declining”means an insufficient 773 percentage of the students attending the school are making 774 Learning Gainsless academic progress than when the students775were served in their home schools. 776 777The school improvement rating shall be based on a comparison of778student performance data for the current year and previous year.779 Schools that improve at least one level or maintain a 780 “commendable”an “improving”rating pursuant to this section are 781 eligible for school recognition awards pursuant to s. 1008.36. 782 (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student 783 Learning Gainsdata used in determining an alternative school’s784school improvement rating shall include:785(a)studentperformance resultsbased on statewide, 786 standardized assessments, including retakes, administered under 787 s. 1008.22 for all eligible students who were assigned to and 788 enrolled in the school during the October or February FTE count 789 and who have assessment scores or comparable scores for the 790 preceding school year shall be used in determining an 791 alternative school’s school improvement rating. An alternative 792 school’s rating shall be based on the following components: 793 (a) The percentage of eligible students who make Learning 794 Gains in English Language Arts as measured by statewide, 795 standardized assessments under s. 1008.22(3). 796 (b) The percentage of eligible students who make Learning 797 Gains in mathematics as measured by statewide, standardized 798 assessments under s. 1008.22(3)Student performance results799based on statewide, standardized assessments, including retakes,800administered under s. 1008.22 for all eligible students who were801assigned to and enrolled in the school during the October or802February FTE count and who have scored in the lowest 25th803percentile of students in the state on FCAT Reading. 804 805 Student performance results of students who are subject to 806 district school board policies for expulsion for repeated or 807 serious offenses, who are in dropout retrieval programs serving 808 students who have officially been designated as dropouts, or who 809 are in programs operated or contracted by the Department of 810 Juvenile Justice may not be included in an alternative school’s 811 school improvement rating. 812 (4) IDENTIFICATION OF STUDENT LEARNING GAINS.—For each 813 alternative school receiving a school improvement rating, the 814 Department of Education shall annually identify the percentage 815 of students making Learning Gains consistent with the provisions 816 in s. 1008.34(3)as compared to the percentage of the same817students making learning gains in their home schools in the year818prior to being assigned to the alternative school. 819 Section 8. Subsection (2) of section 1008.3415, Florida 820 Statutes, is amended to read: 821 1008.3415 School grade or school improvement rating for 822 exceptional student education centers.— 823 (2) Notwithstanding s. 1008.341008.34(3)(c)3., the 824 achievement levelsscoresand Learning Gains of a student with a 825 disability who attends an exceptional student education center 826 and has not been enrolled in or attended a public school other 827 than an exceptional student education center for grades K-12 828 within the school district shall not be included in the 829 calculation of the home school’s grade if the student is 830 identified as an emergent student on the alternate assessment 831 tool described in s. 1008.22(3)(c)1008.22(3)(c)13. 832 Section 9. (1) Based on documentation from a physician 833 licensed under chapter 458, Florida Statutes, and after 834 reviewing the district school board superintendent’s 835 recommendation, the Commissioner of Education must grant: 836 (a) A permanent exemption from taking statewide, 837 standardized assessments to a student who, as determined by a 838 physician licensed pursuant to chapter 458, Florida Statutes, is 839 a “child with medical complexity.” For purposes of this 840 paragraph, the term “child with medical complexity” means a 841 child who has medical fragility and intensive care needs due to 842 a congenital or acquired multisystem disease, a severe 843 neurologic condition with marked functional impairment, or 844 technology dependent for activities of daily living. 845 (b) A one-year exemption from taking statewide, 846 standardized assessments to a student who suffers from such a 847 significant cognitive or physical disability that the student 848 temporarily lacks the capacity to take statewide, standardized 849 assessments. 850 (2) A parent may request that the student participate in 851 statewide, standardized assessments, including, but not limited 852 to, the Florida Alternate Assessment, during the term of the 853 exemption. 854 (3) The State Board of Education shall adopt rules to 855 administer this section, including, but not limited to, 856 expediting the exemption process to demonstrate the utmost 857 compassion and consideration for meeting the parent’s and 858 student’s needs, and establishing deadlines for the 859 superintendent to provide a recommendation to the commissioner. 860 Section 10. This act shall take effect July 1, 2014.