Bill Text: FL S1642 | 2014 | Regular Session | Introduced
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-Introduced.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-Introduced.html
Florida Senate - 2014 SB 1642 By the Committee on Education 581-02100-14 20141642__ 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. 17 1003.621,F.S.; revising cross-references; amending s. 18 1008.31, F.S.; revising legislative intent for the K 19 20 education performance accountability system; 20 amending s. 1008.33, F.S.; conforming provisions 21 relating to school improvement and education 22 accountability; amending s. 1008.341, F.S.; revising 23 provisions relating to the school improvement rating 24 for 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,includinglearning 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 courses with 176 statewide, standardized assessments required for high school 177 graduation. As valid data becomes available, the school grades 178 shall include the students’ attainment of national industry 179 certifications that satisfy high school graduation requirements 180 and are identified in the Industry Certification Funding List 181 pursuant to rules 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 credit throughAs valid data becomes available, the209performance and participation of the school’s students in210 College Board Advanced Placement examinationscourses, 211 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 for which there is a statewide 216 articulation agreement and that is identified in the Industry 217 Certification Funding List, pursuant to rules adopted by the 218 state board.;219 (c)1. The calculation of a school grade shall be based on 220 the percentage of points earned from the components listed in 221 subparagraph (b)1. and, if applicable, subparagraph (b)2. The 222 State Board of Education shall adopt in rule a school grading 223 scale that sets the percentage of points needed to earn each of 224 the school grades listed in subsection (2). There shall be at 225 least five percentage points separating the percentage 226 thresholds needed to earn each of the school grades. The state 227 board shall periodically review the school grading scale to 228 determine if the scale should be adjusted upward to meet raised 229 expectations and encourage increased student performance. 230 2. The calculation of school grades may not include any 231 provision that would raise or lower the school’s grade beyond 232 the percentage of points earned. Extra weight may not be added 233 to the calculation of any components. 234c. Postsecondary readiness of all of the school’s on-time235graduates as measured by the SAT, the ACT, the Postsecondary236Education Readiness Test, or the common placement test;237d. The high school graduation rate of at-risk students, who238score Level 1 or Level 2 on grade 8 FCAT Reading or the English239Language Arts and mathematics assessments administered under s.2401008.22;241e. As valid data becomes available, the performance of the242school’s students on statewide, standardized end-of-course243assessments administered under s. 1008.22(3)(b)4. and 5.; and244f. The growth or decline in the components listed in sub245subparagraphs a.-e. from year to year.246(c) Student assessment data used in determining school247grades shall include:2481. The aggregate scores of all eligible students enrolled249in the school who have been assessed on statewide, standardized250assessments in courses required for high school graduation,251including, beginning with the 2011-2012 school year, the end-of252course assessment in Algebra I; and beginning with the 2012-2013253school year, the end-of-course assessments in Geometry and254Biology I; and beginning with the 2014-2015 school year, on the255statewide, standardized end-of-course assessment in civics256education at the middle grades level.2572. The aggregate scores of all eligible students enrolled258in the school who have been assessed on statewide, standardized259assessments under s. 1008.22 and who have scored at or in the260lowest 25th percentile of students in the school in reading and261mathematics, unless these students are exhibiting satisfactory262performance.263 (d) The performance of students attending alternative 264 schools and students designated as hospital or homebound shall 265 be factored into a school grade as follows: 266 1.3.The student performance data forachievement scores267and learning gains ofeligible students attending alternative 268 schools that provide dropout prevention and academic 269 intervention services pursuant to s. 1003.53 shall be included 270 in the calculation of the home school’s grade. The term 271 “eligible students” in this subparagraph does not include 272 students attending an alternative school who are subject to 273 district school board policies for expulsion for repeated or 274 serious offenses, who are in dropout retrieval programs serving 275 students who have officially been designated as dropouts, or who 276 are in programs operated or contracted by the Department of 277 Juvenile Justice.The student performance data for eligible278students identified in this subparagraph shall be included in279the calculation of the home school’s grade.As used in this 280 subparagraph and s. 1008.341, the term “home school” means the 281 school to which the student would be assigned if the student 282 were not assigned to an alternative school. If an alternative 283 school chooses to be graded under this section, student 284 performance data for eligible students identified in this 285 subparagraph shall not be included in the home school’s grade 286 but shall be included only in the calculation of the alternative 287 school’s grade. A school district that fails to assign 288 statewide, standardized end-of-course assessment scores of each 289 of its students to his or her home school or to the alternative 290 school that receives a grade shall forfeit Florida School 291 Recognition Program funds for one1fiscal year. School 292 districts must require collaboration between the home school and 293 the alternative school in order to promote student success. This 294 collaboration must include an annual discussion between the 295 principal of the alternative school and the principal of each 296 student’s home school concerning the most appropriate school 297 assignment of the student. 298 2.4.Student performance data forThe achievement scores299and learning gains ofstudents designated as hospital or 300 homeboundhospital- or homebound. Student assessment data for301students designated as hospital- or homeboundshall be assigned 302 to their home school for the purposes of school grades. As used 303 in this subparagraph, the term “home school” means the school to 304 which a student would be assigned if the student were not 305 assigned to a hospital or homeboundhospital- or homebound306 program. 3075. For schools comprised of high school grades 9, 10, 11,308and 12, or grades 10, 11, and 12, the data listed in309subparagraphs 1.-3. and the following data as the Department of310Education determines such data are valid and available:311a. The high school graduation rate of the school as312calculated by the department;313b. The participation rate of all eligible students enrolled314in the school and enrolled in College Board Advanced Placement315courses; International Baccalaureate courses; dual enrollment316courses; Advanced International Certificate of Education317courses; and courses or sequences of courses leading to national318industry certification identified in the Industry Certification319Funding List, pursuant to rules adopted by the State Board of320Education;321c. The aggregate scores of all eligible students enrolled322in the school in College Board Advanced Placement courses,323International Baccalaureate courses, and Advanced International324Certificate of Education courses;325d. Earning of college credit by all eligible students326enrolled in the school in dual enrollment programs under s.3271007.271;328e. Earning of a national industry certification identified329in the Industry Certification Funding List, pursuant to rules330adopted by the State Board of Education;331f. The aggregate scores of all eligible students enrolled332in the school in reading, mathematics, and other subjects as333measured by the SAT, the ACT, the Postsecondary Education334Readiness Test, and the common placement test for postsecondary335readiness;336g. The high school graduation rate of all eligible at-risk337students enrolled in the school who scored Level 2 or lower on338grade 8 FCAT Reading and FCAT Mathematics;339h. The performance of the school’s students on statewide,340standardized end-of-course assessments administered under s.3411008.22(3)(b)4. and 5.; and342i. The growth or decline in the data components listed in343sub-subparagraphs a.-h. from year to year.344 345The State Board of Education shall adopt appropriate criteria346for each school grade. The criteria must also give added weight347to student achievement in reading. Schools earning a grade of348“C,” making satisfactory progress, shall be required to349demonstrate that adequate progress has been made by students in350the school who are in the lowest 25th percentile in reading and351mathematics on statewide, standardized assessments under s.3521008.22, unless these students are exhibiting satisfactory353performance. For schools comprised of high school grades 9, 10,35411, and 12, or grades 10, 11, and 12, the criteria for school355grades must also give added weight to the graduation rate of all356eligible at-risk students. In order for a high school to earn a357grade of “A,” the school must demonstrate that its at-risk358students, as defined in this paragraph, are making adequate359progress.360(4) SCHOOL IMPROVEMENT RATINGS.—The annual report shall361identify each school’s performance as having improved, remained362the same, or declined. This school improvement rating shall be363based on a comparison of the current year’s and previous year’s364student and school performance data. A school that improves its365rating by at least one level is eligible for school recognition366awards pursuant to s. 1008.36.367 (4)(5)SCHOOL REPORT CARD.—The Department of Education 368 shall annually develop, in collaboration with the school 369 districts, a school report card to be provided by the school 370 district to parents within the district. The report card shall 371 include the school’s grade; student performance in English 372 Language Arts, mathematics, science, and social studies;,373 information regarding school improvement;,an explanation of 374 school performance as evaluated by the federal Elementary and 375 Secondary Education Act (ESEA), 20 U.S.C. ss. 6301 et seq.;,and 376 indicators of return on investment. Each school’s report card 377 shall be published annually by the department on its website 378 based upon the most recent data available. 379(6) PERFORMANCE-BASED FUNDING.—The Legislature may factor380in the performance of schools in calculating any performance381based funding policy that is provided for annually in the382General Appropriations Act.383 (5)(7)DISTRICT GRADE.—The annual report required by384subsection (1) shall include the school district’s grade.385 Beginning with the 2014-2015 school year, a school district’s 386 grade shall include a district-level calculation of the 387 components under paragraph (3)(b)be calculated using student388performance and learning gains data on statewide assessments389used for determining school grades under subparagraph (3)(b)1.390for each eligible student enrolled for a full school year in the391district. This calculation methodology captures each eligible 392 student in the district who may have transferred among schools 393 within the district or is enrolled in a school that does not 394 receive a grade. The department shall develop a district report 395 card that includes the district’s grade; measures of the 396 district’s progress in closing the achievement gap between 397 higher-performing student subgroups and lower-performing student 398 subgroups; measures of the district’s progress in demonstrating 399 Learning Gains of its highest-performing students; measures of 400 the district’s success in improving student attendance; the 401 district’s grade-level promotion of students scoring achievement 402 levels 1 and 2 on statewide, standardized English Language Arts 403 and mathematics assessments; and measures of the district’s 404 performance in preparing students for the transition from 405 elementary to middle school, middle to high school, and high 406 school to postsecondary institutions and careers. 407 (6)(8)RULES.—The State Board of Education shall adopt 408 rules under ss. 120.536(1) and 120.54 to administer this 409 section. 410 (7) TRANSITION.—School grades and school improvement 411 ratings pursuant to s. 1008.341 for the 2013-2014 school year 412 shall be calculated based on statutes and rules in effect on 413 June 30, 2014. To assist in the transition to 2014-2015 school 414 grades, calculated based on new statewide, standardized 415 assessments administered pursuant to s. 1008.22, the 2014-2015 416 school grades shall serve as an informational baseline for 417 schools to work toward improved performance in future years. 418 Accordingly, notwithstanding any other provision of law: 419 (a) A school may not be required to select and implement a 420 turnaround option pursuant to s. 1008.33 in the 2015-2016 school 421 year based on the school’s 2014-2015 grade or school improvement 422 rating under s. 1008.341, as applicable. 423 (b)1. A school or approved provider under s. 1002.45 that 424 receives the same or a lower school grade or school improvement 425 rating for the 2014-2015 school year compared to the 2013-2014 426 school year is not subject to sanctions or penalties that would 427 otherwise occur as a result of the 2014-2015 school grade or 428 rating. A charter school system or a school district designated 429 as high performing may not lose the designation based on the 430 2014-2015 school grades of any of the schools within the charter 431 school system or school district, as applicable. 432 2. The Florida School Recognition Program established under 433 s. 1008.36 shall continue to be implemented as otherwise 434 provided in the General Appropriations Act. 435 (c) For purposes of determining grade 3 retention pursuant 436 to s. 1008.25(5) and high school graduation pursuant to s. 437 1003.4282, student performance on the 2014-2015 statewide, 438 standardized assessments shall be linked to 2013-2014 student 439 performance expectations. 440 441 This subsection is repealed July 1, 2017. 442 Section 2. Subsection (18) of section 1001.42, Florida 443 Statutes, is amended to read: 444 1001.42 Powers and duties of district school board.—The 445 district school board, acting as a board, shall exercise all 446 powers and perform all duties listed below: 447 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY. 448 Maintain astatesystem of school improvement and education 449 accountability as provided by statute and State Board of 450 Education rule. This system of school improvement and education 451 accountability shall be consistent with, and implemented 452 through, the district’s continuing system of planning and 453 budgeting required by this section and ss. 1008.385, 1010.01, 454 and 1011.01. This system of school improvement and education 455 accountability shall comply with the provisions of ss. 1008.33, 456 1008.34, 1008.345, and 1008.385 and include the following: 457 (a) School improvement plans.—The district school board 458 shall annually approve and require implementation of a new, 459 amended, or continuation school improvement plan for each school 460 in the district. If a school has a significant gap in 461 achievement on statewide, standardized assessments administered 462 pursuant to s. 1008.221008.34(3)(b)by one or more student 463 subgroups, as defined in the federal Elementary and Secondary 464 Education Act (ESEA), 20 U.S.C. s. 6311(b)(2)(C)(v)(II); has not 465 significantly increaseddecreasedthe percentage of students 466 passingscoring below satisfactory onstatewide, standardized 467 assessments; has not significantly increased the percentage of 468 students demonstrating Learning Gains, as defined in s. 1008.34 469 and as calculated under s. 1008.34(3)(b), who passed statewide, 470 standardized assessments; or has significantly lower graduation 471 rates for a subgroup when compared to the state’s graduation 472 rate, that school’s improvement plan shall include strategies 473 for improving these results. The state board shall adopt rules 474 establishing thresholds and for determining compliance with this 475 paragraph. 476 (b) Public disclosure.—The district school board shall 477 provide information regarding the performance of students and 478 educational programs as required pursuant to ss. 1008.22 and 479 1008.385 and implement a system of school reports as required by 480 statute and State Board of Education rule which shall include 481 schools operating for the purpose of providing educational 482 services to youth in Department of Juvenile Justice programs, 483 and for those schools, report on the elements specified in s. 484 1003.52(19). Annual public disclosure reports shall be in an 485 easy-to-read report card format and shall include the school’s 486 grade, high school graduation rate calculated without GED tests, 487 disaggregated by student ethnicity, and performance data as 488 specified in state board rule. 489 (c) School improvement funds.—The district school board 490 shall provide funds to schools for developing and implementing 491 school improvement plans. Such funds shall include those funds 492 appropriated for the purpose of school improvement pursuant to 493 s. 24.121(5)(c). 494 Section 3. Paragraph (n) of subsection (9) and paragraph 495 (b) of subsection (21) of section 1002.33, Florida Statutes, are 496 amended to read: 497 1002.33 Charter schools.— 498 (9) CHARTER SCHOOL REQUIREMENTS.— 499 (n)1. The director and a representative of the governing 500 board of a charter school that has earned a grade of “D” or “F” 501 pursuant to s. 1008.341008.34(2)shall appear before the 502 sponsor to present information concerning each contract 503 component having noted deficiencies. The director and a 504 representative of the governing board shall submit to the 505 sponsor for approval a school improvement plan to raise student 506 performanceachievement. Upon approval by the sponsor, the 507 charter school shall begin implementation of the school 508 improvement plan. The department shall offer technical 509 assistance and training to the charter school and its governing 510 board and establish guidelines for developing, submitting, and 511 approving such plans. 512 2.a. If a charter school earns three consecutive grades of 513 “D,” two consecutive grades of “D” followed by a grade of “F,” 514 or two nonconsecutive grades of “F” within a 3-year period, the 515 charter school governing board shall choose one of the following 516 corrective actions: 517 (I) Contract for educational services to be provided 518 directly to students, instructional personnel, and school 519 administrators, as prescribed in state board rule; 520 (II) Contract with an outside entity that has a 521 demonstrated record of effectiveness to operate the school; 522 (III) Reorganize the school under a new director or 523 principal who is authorized to hire new staff; or 524 (IV) Voluntarily close the charter school. 525 b. The charter school must implement the corrective action 526 in the school year following receipt of a third consecutive 527 grade of “D,” a grade of “F” following two consecutive grades of 528 “D,” or a second nonconsecutive grade of “F” within a 3-year 529 period. 530 c. The sponsor may annually waive a corrective action if it 531 determines that the charter school is likely to improve a letter 532 grade if additional time is provided to implement the 533 intervention and support strategies prescribed by the school 534 improvement plan. Notwithstanding this sub-subparagraph, a 535 charter school that earns a second consecutive grade of “F” is 536 subject to subparagraph 4. 537 d. A charter school is no longer required to implement a 538 corrective action if it improves by at least one letter grade. 539 However, the charter school must continue to implement 540 strategies identified in the school improvement plan. The 541 sponsor must annually review implementation of the school 542 improvement plan to monitor the school’s continued improvement 543 pursuant to subparagraph 5. 544 e. A charter school implementing a corrective action that 545 does not improve by at least one letter grade after 2 full 546 school years of implementing the corrective action must select a 547 different corrective action. Implementation of the new 548 corrective action must begin in the school year following the 549 implementation period of the existing corrective action, unless 550 the sponsor determines that the charter school is likely to 551 improve a letter grade if additional time is provided to 552 implement the existing corrective action. Notwithstanding this 553 sub-subparagraph, a charter school that earns a second 554 consecutive grade of “F” while implementing a corrective action 555 is subject to subparagraph 4. 556 3. A charter school with a grade of “D” or “F” that 557 improves by at least one letter grade must continue to implement 558 the strategies identified in the school improvement plan. The 559 sponsor must annually review implementation of the school 560 improvement plan to monitor the school’s continued improvement 561 pursuant to subparagraph 5. 562 4. The sponsor shall terminate a charter if the charter 563 school earns two consecutive grades of “F” unless: 564 a. The charter school is established to turn around the 565 performance of a district public school pursuant to s. 566 1008.33(4)(b)3. Such charter schools shall be governed by s. 567 1008.33; 568 b. The charter school serves a student population the 569 majority of which resides in a school zone served by a district 570 public school that earned a grade of “F” in the year before the 571 charter school opened and the charter school earns at least a 572 grade of “D” in its third year of operation. The exception 573 provided under this sub-subparagraph does not apply to a charter 574 school in its fourth year of operation and thereafter; or 575 c. The state board grants the charter school a waiver of 576 termination. The charter school must request the waiver within 577 15 days after the department’s official release of school 578 grades. The state board may waive termination if the charter 579 school demonstrates that the Learning Gains of its students on 580 statewide assessments are comparable to or better than the 581 Learning Gains of similarly situated students enrolled in nearby 582 district public schools. The waiver is valid for 1 year and may 583 only be granted once. Charter schools that have been in 584 operation for more than 5 years are not eligible for a waiver 585 under this sub-subparagraph. 586 5. The director and a representative of the governing board 587 of a graded charter school that has implemented a school 588 improvement plan under this paragraph shall appear before the 589 sponsor at least once a year to present information regarding 590 the progress of intervention and support strategies implemented 591 by the school pursuant to the school improvement plan and 592 corrective actions, if applicable. The sponsor shall communicate 593 at the meeting, and in writing to the director, the services 594 provided to the school to help the school address its 595 deficiencies. 596 6. Notwithstanding any provision of this paragraph except 597 sub-subparagraphs 4.a.-c., the sponsor may terminate the charter 598 at any time pursuant to subsection (8). 599 (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.— 600 (b)1. The Department of Education shall report to each 601 charter school receiving a school grade pursuant to s. 1008.34 602 or a school improvement rating pursuant to s. 1008.341 the 603 school’s student assessment datapursuant to s. 1008.34(3)(c)604which is reported to schools that receive a school grade or605student assessment data pursuant to s. 1008.341(3) which is606reported to alternative schools that receive a school607improvement rating to each charter school that:608a. Does not receive a school grade pursuant to s. 1008.34609or a school improvement rating pursuant to s. 1008.341; and610b. Serves at least 10 students who are tested on the611statewide assessment test pursuant to s. 1008.22. 612 2. The charter school shall report the information in 613 subparagraph 1. to each parent of a student at the charter 614 school, the parent of a child on a waiting list for the charter 615 school, the district in which the charter school is located, and 616 the governing board of the charter school. This paragraph does 617 not abrogate the provisions of s. 1002.22, relating to student 618 records, or the requirements of 20 U.S.C. s. 1232g, the Family 619 Educational Rights and Privacy Act. 620 3.a. Pursuant to this paragraph, the Department of 621 Education shall compare the charter school student performance 622 data for each charter school in subparagraph 1. with the student 623 performance data in traditional public schools in the district 624 in which the charter school is located and other charter schools 625 in the state. For alternative charter schools, the department 626 shall compare the student performance data described in this 627 paragraph with all alternative schools in the state. The 628 comparative data shall be provided by the following grade 629 groupings: 630 (I) Grades 3 through 5; 631 (II) Grades 6 through 8; and 632 (III) Grades 9 through 11. 633 b. Each charter school shall provide the information 634 specified in this paragraph on its Internet website and also 635 provide notice to the public at large in a manner provided by 636 the rules of the State Board of Education. The State Board of 637 Education shall adopt rules to administer the notice 638 requirements of this subparagraph pursuant to ss. 120.536(1) and 639 120.54. The website shall include, through links or actual 640 content, other information related to school performance. 641 Section 4. Paragraphs (a) and (d) of subsection (1) of 642 section 1003.621, Florida Statutes, are amended to read: 643 1003.621 Academically high-performing school districts.—It 644 is the intent of the Legislature to recognize and reward school 645 districts that demonstrate the ability to consistently maintain 646 or improve their high-performing status. The purpose of this 647 section is to provide high-performing school districts with 648 flexibility in meeting the specific requirements in statute and 649 rules of the State Board of Education. 650 (1) ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.— 651 (a) A school district is an academically high-performing 652 school district if it meets the following criteria: 653 1.a.Beginning with the 2004-2005 school year,Earns a 654 grade of “A” under s. 1008.341008.34(7)for 2 consecutive 655 years; and 656 b. Has no district-operated school that earns a grade of 657 “F” under s. 1008.34; 658 2. Complies with all class size requirements in s. 1, Art. 659 IX of the State Constitution and s. 1003.03; and 660 3. Has no material weaknesses or instances of material 661 noncompliance noted in the annual financial audit conducted 662 pursuant to s. 11.45 or s. 218.39. 663 (d) In order to maintain the designation as an academically 664 high-performing school district pursuant to this section, a 665 school district must meet the following requirements: 666 1. Comply with the provisions of subparagraphs (a)2. and 667 3.; and 668 2. Earn a grade of “A” under s. 1008.341008.34(7)for 2 669 years within a 3-year period. 670 671 However, a district in which a district-operated school earns a 672 grade of “F” under s. 1008.34 during the 3-year period may not 673 continue to be designated as an academically high-performing 674 school district during the remainder of that 3-year period. The 675 district must meet the criteria in paragraph (a) in order to be 676 redesignated as an academically high-performing school district. 677 Section 5. Paragraph (b) of subsection (1) of section 678 1008.31, Florida Statutes, is amended to read: 679 1008.31 Florida’s K-20 education performance accountability 680 system; legislative intent; mission, goals, and systemwide 681 measures; data quality improvements.— 682 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 683 that: 684 (b) The K-20 education performance accountability system be 685 established as a single, unified accountability system with 686 multiple components, including, but not limited to,measures of687adequate yearly progress, individualstudent performance 688learning gainsin public schools and,school and district 689 grades, and return on investment. 690 Section 6. Subsection (2) of section 1008.33, Florida 691 Statutes, is amended to read: 692 1008.33 Authority to enforce public school improvement.— 693 (2)(a) Pursuant to subsection (1) and ss. 1008.34, 694 1008.345, and 1008.385, the State Board of Education shall hold 695 all school districts and public schools accountable for student 696 performance. The state board is responsible for a state system 697 of school improvement and education accountability that assesses 698 student performance by school, identifies schools thatin which699studentsare not meeting accountabilitymaking adequate progress700toward statestandards, and institutes appropriate measures for 701 enforcing improvement. 702 (b) The state system of school improvement and education 703 accountability must provide for uniform accountability 704 standards, provide assistance of escalating intensity tolow705performingschools not meeting accountability standards, direct 706 support to schools in order to improve and sustain performance, 707 focus on the performance of student subgroups, and enhance 708 student performance. 709 (c) School districts must be held accountable for improving 710 the academic performanceachievementof all students and for 711 identifying and improvingturning around low-performingschools 712 that fail to meet accountability standards. 713 Section 7. Subsections (2), (3), and (4) of section 714 1008.341, Florida Statutes, are amended to read: 715 1008.341 School improvement rating for alternative 716 schools.— 717 (2) SCHOOL IMPROVEMENT RATING.—An alternative school is a 718 school that provides dropout prevention and academic 719 intervention services pursuant to s. 1003.53. An alternative 720 school shall receive a school improvement rating pursuant to 721 this section unless the school earns a school grade pursuant to 722 s. 1008.34.Beginning with the 2013-2014 school year, eachAn 723 alternative school that chooses to receive a school improvement 724 rating shall receive a school improvement rating if the number 725 of its students for whom student performance data on statewide, 726 standardized assessments pursuant to s. 1008.22 which is 727 available for the current year and previous year meets or 728 exceeds the minimum sample size of 10. If an alternative school 729 does not have at least 10 students with complete data for a 730 component listed in subsection (3), that component may not be 731 used in calculating the school’s improvement rating. The 732 calculation of the school improvement rating shall be based on 733 the percentage of points earned from the components listed in 734 subsection (3). An alternative school that tests at least 80 735 percent of its students may receive a school improvement rating. 736 If an alternative school tests less than 90 percent of its 737 students, the school may not earn a rating higher than 738 “maintaining.” Beginning with the 2016-2017 school year, if an 739 alternative school does not meet the requirements for the 740 issuance of a school improvement rating in the current year, and 741 has failed to receive a school improvement rating for the prior 742 two consecutive years, the school shall receive a rating for the 743 current year based upon a compilation of all student Learning 744 Gains, for all grade levels, for those three years. Likewise, if 745 the school fails to meet the requirements for a rating the 746 following year or any year thereafter, the school’s rating shall 747 be based on a compilation of student Learning Gains achieved 748 during the current and prior two years. The school improvement 749 rating shall identify an alternative school as having one of the 750 following ratings defined according to rules of the State Board 751 of Education: 752 (a) “Commendable”“Improving”means a significant 753 percentage of the students attending the school are making 754 Learning Gainsmore academic progress than when the students755were served in their home schools. 756 (b) “Maintaining” means a sufficient percentage of the 757 students attending the school are making Learning Gainsprogress758equivalent to the progress made when the students were served in759their home schools. 760 (c) “Unsatisfactory”“Declining”means an insufficient 761 percentage of the students attending the school are making 762 Learning Gainsless academic progress than when the students763were served in their home schools. 764 765The school improvement rating shall be based on a comparison of766student performance data for the current year and previous year.767 Schools that improve at least one level or maintain a 768 “commendable”an “improving”rating pursuant to this section are 769 eligible for school recognition awards pursuant to s. 1008.36. 770 (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Studentdata771used in determining an alternative school’s school improvement772rating shall include:773(a)studentLearning Gainsperformance resultsbased on 774 statewide, standardized assessments, including retakes, 775 administered under s. 1008.22 for all eligible students who were 776 assigned to and enrolled in the school during the October or 777 February FTE count and who have assessment scores or comparable 778 scores for the preceding school year shall be used in 779 determining an alternative school’s school improvement rating. 780 An alternative school’s rating shall be based on the following 781 components: 782 (a) The percentage of eligible students who make Learning 783 Gains in English Language Arts as measured by statewide, 784 standardized assessments under s. 1008.22(3). 785 (b) The percentage of eligible students who make Learning 786 Gains in mathematics as measured by statewide, standardized 787 assessments under s. 1008.22(3)Student performance results788based on statewide, standardized assessments, including retakes,789administered under s. 1008.22 for all eligible students who were790assigned to and enrolled in the school during the October or791February FTE count and who have scored in the lowest 25th792percentile of students in the state on FCAT Reading. 793 794 Student performance results of students who are subject to 795 district school board policies for expulsion for repeated or 796 serious offenses, who are in dropout retrieval programs serving 797 students who have officially been designated as dropouts, or who 798 are in programs operated or contracted by the Department of 799 Juvenile Justice may not be included in an alternative school’s 800 school improvement rating. 801 (4) IDENTIFICATION OF STUDENT LEARNING GAINS.—For each 802 alternative school receiving a school improvement rating, the 803 Department of Education shall annually identify the percentage 804 of students making Learning Gains consistent with the provisions 805 in s. 1008.34(3)as compared to the percentage of the same806students making learning gains in their home schools in the year807prior to being assigned to the alternative school. 808 Section 8. Subsection (2) of section 1008.3415, Florida 809 Statutes, is amended to read: 810 1008.3415 School grade or school improvement rating for 811 exceptional student education centers.— 812 (2) Notwithstanding s. 1008.341008.34(3)(c)3., the 813 achievement levelsscoresand Learning Gains of a student with a 814 disability who attends an exceptional student education center 815 and has not been enrolled in or attended a public school other 816 than an exceptional student education center for grades K-12 817 within the school district shall not be included in the 818 calculation of the home school’s grade if the student is 819 identified as an emergent student on the alternate assessment 820 tool described in s. 1008.22(3)(c)1008.22(3)(c)13. 821 Section 9. (1) Based on documentation from a physician 822 licensed under chapter 458, Florida Statutes, and after 823 reviewing the district school board superintendent’s 824 recommendation, the Commissioner of Education must grant: 825 (a) A permanent exemption from taking statewide, 826 standardized assessments to a student who, as determined by a 827 physician licensed pursuant to chapter 458, Florida Statutes, is 828 a “child with medical complexity.” For purposes of this 829 paragraph, the term “child with medical complexity” means a 830 child who has medical fragility and intensive care needs due to 831 a congenital or acquired multisystem disease, a severe 832 neurologic condition with marked functional impairment, or 833 technology dependent for activities of daily living. 834 (b) A one-year exemption from taking statewide, 835 standardized assessments to a student who suffers from such a 836 significant cognitive or physical disability that the student 837 temporarily lacks the capacity to take statewide, standardized 838 assessments. 839 (2) A parent may request that the student participate in 840 statewide, standardized assessments, including, but not limited 841 to, the Florida Alternate Assessment, during the term of the 842 exemption. 843 (3) The State Board of Education shall adopt rules to 844 administer this section, including, but not limited to, 845 expediting the exemption process to demonstrate the utmost 846 compassion and consideration for meeting the parent’s and 847 student’s needs, and establishing deadlines for the 848 superintendent to provide a recommendation to the commissioner. 849 Section 10. This act shall take effect July 1, 2014.