Bill Text: FL S1010 | 2019 | Regular Session | Introduced

Bill Title: Mandatory Retention

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-05 - Introduced [S1010 Detail]

Download: Florida-2019-S1010-Introduced.html
       Florida Senate - 2019                                    SB 1010
       By Senator Rodriguez
       37-01076-19                                           20191010__
    1                        A bill to be entitled                      
    2         An act relating to mandatory retention; amending s.
    3         1008.25, F.S.; removing the requirement for mandatory
    4         retention of a third grade student based on his or her
    5         performance on the English Language Arts assessment;
    6         conforming provisions to changes made by the act;
    7         correcting a cross-reference; providing an effective
    8         date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Paragraphs (b) and (c) of subsection (5),
   13  paragraphs (b) and (c) of subsection (6), subsection (7), and
   14  paragraph (a) of subsection (8) of section 1008.25, Florida
   15  Statutes, are amended to read:
   16         1008.25 Public school student progression; student support;
   17  reporting requirements.—
   19         (b) To be promoted to grade 4, a student must score a Level
   20  2 or higher on the statewide, standardized English Language Arts
   21  assessment required under s. 1008.22 for grade 3 or meet a good
   22  cause exemption pursuant to paragraph (6)(b). If a student’s
   23  reading deficiency is not remedied by the end of grade 3, as
   24  demonstrated by scoring Level 2 or higher on the statewide,
   25  standardized assessment required under s. 1008.22 for grade 3,
   26  the student must be retained.
   27         (c) The parent of any student who exhibits a substantial
   28  deficiency in reading, as described in paragraph (a), must be
   29  notified in writing of the following:
   30         1. That his or her child has been identified as having a
   31  substantial deficiency in reading, including a description and
   32  explanation, in terms understandable to the parent, of the exact
   33  nature of the student’s difficulty in learning and lack of
   34  achievement in reading.
   35         2. A description of the current services that are provided
   36  to the child.
   37         3. A description of the proposed intensive interventions
   38  and supports that will be provided to the child that are
   39  designed to remediate the identified area of reading deficiency.
   40         4.That if the child’s reading deficiency is not remediated
   41  by the end of grade 3, the child must be retained unless he or
   42  she is exempt from mandatory retention for good cause.
   43         4.5. Strategies, including multisensory strategies, through
   44  a read-at-home plan the parent can use in helping his or her
   45  child succeed in reading.
   46         5.6. That the statewide, standardized English Language Arts
   47  assessment is not the sole determiner of promotion and that
   48  additional evaluations, portfolio reviews, and assessments are
   49  available to the child to assist parents and the school district
   50  in knowing when a child is reading at or above grade level and
   51  ready for grade promotion.
   52         6.7. The district’s specific criteria and policies for a
   53  portfolio as provided in subparagraph (6)(b)4. and the evidence
   54  required for a student to demonstrate mastery of Florida’s
   55  academic standards for English Language Arts. A parent of a
   56  student in grade 3 who is identified anytime during the year as
   57  being at risk of retention may request that the school
   58  immediately begin collecting evidence for a portfolio.
   59         7.8. The district’s specific criteria and policies for
   60  midyear promotion. Midyear promotion means promotion of a
   61  retained student at any time during the year of retention once
   62  the student has demonstrated ability to read at grade level.
   64         (b) The district school board may only exempt students from
   65  mandatory retention, as provided in paragraph (5)(b), for good
   66  cause. A student who is promoted to grade 4 with a good cause
   67  exemption shall be provided intensive reading instruction and
   68  intervention that include specialized diagnostic information and
   69  specific reading strategies to meet the needs of each student so
   70  promoted. The school district shall assist schools and teachers
   71  with the implementation of explicit, systematic, and
   72  multisensory reading instruction and intervention strategies for
   73  students promoted with a good cause exemption which research has
   74  shown to be successful in improving reading among students who
   75  have reading difficulties. Good cause exemptions are limited to
   76  the following:
   77         1. Limited English proficient students who have had less
   78  than 2 years of instruction in an English for Speakers of Other
   79  Languages program based on the initial date of entry into a
   80  school in the United States.
   81         2. Students with disabilities whose individual education
   82  plan indicates that participation in the statewide assessment
   83  program is not appropriate, consistent with the requirements of
   84  s. 1008.212.
   85         3. Students who demonstrate an acceptable level of
   86  performance on an alternative standardized reading or English
   87  Language Arts assessment approved by the State Board of
   88  Education.
   89         4. A student who demonstrates through a student portfolio
   90  that he or she is performing at least at Level 2 on the
   91  statewide, standardized English Language Arts assessment.
   92         5. Students with disabilities who take the statewide,
   93  standardized English Language Arts assessment and who have an
   94  individual education plan or a Section 504 plan that reflects
   95  that the student has received intensive instruction in reading
   96  or English Language Arts for more than 2 years but still
   97  demonstrates a deficiency and was previously retained in
   98  kindergarten, grade 1, grade 2, or grade 3.
   99         6. Students who have received intensive reading
  100  intervention for 2 or more years but still demonstrate a
  101  deficiency in reading and who were previously retained in
  102  kindergarten, grade 1, grade 2, or grade 3 for a total of 2
  103  years. A student may not be retained more than once in grade 3.
  104         (c) Requests for good cause exemptions for students from
  105  the mandatory retention requirement as described in
  106  subparagraphs (b)3. and 4. shall be made consistent with the
  107  following:
  108         1. Documentation shall be submitted from the student’s
  109  teacher to the school principal that indicates that the
  110  promotion of the student is appropriate and is based upon the
  111  student’s academic record. In order to minimize paperwork
  112  requirements, such documentation shall consist only of the
  113  existing progress monitoring plan, individual educational plan,
  114  if applicable, report card, or student portfolio.
  115         2. The school principal shall review and discuss such
  116  recommendation with the teacher and make the determination as to
  117  whether the student should be promoted or retained. If the
  118  school principal determines that the student should be promoted,
  119  the school principal shall make such recommendation in writing
  120  to the district school superintendent. The district school
  121  superintendent shall accept or reject the school principal’s
  122  recommendation in writing.
  124  STUDENTS.—
  125         (a) A student Students retained for a reading deficiency
  126  under paragraph (5)(b) must be provided intensive interventions
  127  in reading to ameliorate the student’s specific reading
  128  deficiency and prepare the student for promotion to the next
  129  grade. These interventions must include:
  130         1. Evidence-based, explicit, systematic, and multisensory
  131  reading instruction in phonemic awareness, phonics, fluency,
  132  vocabulary, and comprehension and other strategies prescribed by
  133  the school district.
  134         2. Participation in the school district’s summer reading
  135  camp, which must incorporate the instructional and intervention
  136  strategies under subparagraph 1.
  137         3. A minimum of 90 minutes of daily, uninterrupted reading
  138  instruction incorporating the instructional and intervention
  139  strategies under subparagraph 1. This instruction may include:
  140         a. Integration of content-rich texts in science and social
  141  studies within the 90-minute block.
  142         b. Small group instruction.
  143         c. Reduced teacher-student ratios.
  144         d. More frequent progress monitoring.
  145         e. Tutoring or mentoring.
  146         f. Transition classes containing 3rd and 4th grade
  147  students.
  148         g. Extended school day, week, or year.
  149         (b) Each school district shall:
  150         1. Provide written notification to the parent of a student
  151  who is retained for a reading deficiency under paragraph (5)(b)
  152  that his or her child has not met the proficiency level required
  153  for promotion and the reasons the child is not eligible for a
  154  good cause exemption as provided in paragraph (6)(b). The
  155  notification must comply with paragraph (5)(c) and must include
  156  a description of proposed interventions and supports that will
  157  be provided to the child to remediate the identified areas of
  158  reading deficiency.
  159         2. Implement a policy for the midyear promotion of a
  160  student retained for a reading deficiency under paragraph (5)(b)
  161  who can demonstrate that he or she is a successful and
  162  independent reader and performing at or above grade level in
  163  reading or, upon implementation of English Language Arts
  164  assessments, performing at or above grade level in English
  165  Language Arts. Tools that school districts may use in
  166  reevaluating a student retained may include subsequent
  167  assessments, alternative assessments, and portfolio reviews, in
  168  accordance with rules of the State Board of Education. Students
  169  promoted during the school year after November 1 must
  170  demonstrate proficiency levels in reading equivalent to the
  171  level necessary for the beginning of grade 4. The rules adopted
  172  by the State Board of Education must include standards that
  173  provide a reasonable expectation that the student’s progress is
  174  sufficient to master appropriate grade 4 level reading skills.
  175         3. Provide students who are retained for reading
  176  deficiencies under paragraph (5)(b), including students
  177  participating in the school district’s summer reading camp under
  178  subparagraph (a)2., with a highly effective teacher as
  179  determined by the teacher’s performance evaluation under s.
  180  1012.34, and, beginning July 1, 2020, the teacher must also be
  181  certified or endorsed in reading.
  182         4. Establish at each school, when applicable, an intensive
  183  reading acceleration course for any student retained in grade 3
  184  who was previously retained in kindergarten, grade 1, or grade
  185  2. The intensive reading acceleration course must provide the
  186  following:
  187         a. Uninterrupted reading instruction for the majority of
  188  student contact time each day and opportunities to master the
  189  grade 4 Next Generation Sunshine State Standards in other core
  190  subject areas through content-rich texts.
  191         b. Small group instruction.
  192         c. Reduced teacher-student ratios.
  193         d. The use of explicit, systematic, and multisensory
  194  reading interventions, including intensive language, phonics,
  195  and vocabulary instruction, and use of a speech-language
  196  therapist if necessary, that have proven results in accelerating
  197  student reading achievement within the same school year.
  198         e. A read-at-home plan.
  199         (8) ANNUAL REPORT.—
  200         (a) In addition to the requirements in paragraph (5)(c)
  201  paragraph (5)(b), each district school board must annually
  202  report to the parent of each student the progress of the student
  203  toward achieving state and district expectations for proficiency
  204  in English Language Arts, science, social studies, and
  205  mathematics. The district school board must report to the parent
  206  the student’s results on each statewide, standardized
  207  assessment. The evaluation of each student’s progress must be
  208  based upon the student’s classroom work, observations, tests,
  209  district and state assessments, response to intensive
  210  interventions provided under paragraph (5)(a), and other
  211  relevant information. Progress reporting must be provided to the
  212  parent in writing in a format adopted by the district school
  213  board.
  214         Section 2. This act shall take effect July 1, 2019.