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Senate Bill 2048

Senate Bill sb2048

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2048

    By Senator Wilson





    33-1000-04

  1                      A bill to be entitled

  2         An act relating to public school student

  3         progression; amending s. 1008.25, F.S.;

  4         repealing provisions mandating the retention of

  5         a student in grade 3 if the student exhibits a

  6         deficiency in reading; deleting provisions

  7         requiring the elimination of social promotion;

  8         providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Section 1008.25, Florida Statutes, is

13  amended to read:

14         1008.25  Public school student progression; remedial

15  instruction; reporting requirements.--

16         (1)  INTENT.--It is the intent of the Legislature that

17  each student's progression from one grade to another be

18  determined, in part, upon proficiency in reading, writing,

19  science, and mathematics; that district school board policies

20  facilitate such proficiency; and that each student and his or

21  her parent be informed of that student's academic progress.

22         (2)  COMPREHENSIVE PROGRAM.--Each district school board

23  shall establish a comprehensive program for student

24  progression which must include:

25         (a)  Standards for evaluating each student's

26  performance, including how well he or she masters the

27  performance standards approved by the State Board of

28  Education.

29         (b)  Specific levels of performance in reading,

30  writing, science, and mathematics for each grade level,

31  including the levels of performance on statewide assessments

                                  1

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    Florida Senate - 2004                                  SB 2048
    33-1000-04




 1  as defined by the commissioner, below which a student must

 2  receive remediation, or be retained within an intensive

 3  program that is different from the previous year's program and

 4  that takes into account the student's learning style.

 5         (c)  Appropriate alternative placement for a student

 6  who has been retained 2 or more years.

 7         (3)  ALLOCATION OF RESOURCES.--District school boards

 8  shall allocate remedial and supplemental instruction resources

 9  to students in the following priority:

10         (a)  Students who are deficient in reading by the end

11  of grade 3.

12         (b)  Students who fail to meet performance levels

13  required for promotion consistent with the district school

14  board's plan for student progression required in paragraph

15  (2)(b).

16         (4)  ASSESSMENT AND REMEDIATION.--

17         (a)  Each student must participate in the statewide

18  assessment tests required by s. 1008.22. Each student who does

19  not meet specific levels of performance as determined by the

20  district school board in reading, writing, science, and

21  mathematics for each grade level, or who does not meet

22  specific levels of performance as determined by the

23  commissioner on statewide assessments at selected grade

24  levels, must be provided with additional diagnostic

25  assessments to determine the nature of the student's

26  difficulty and areas of academic need.

27         (b)  The school in which the student is enrolled must

28  develop, in consultation with the student's parent, and must

29  implement an academic improvement plan designed to assist the

30  student in meeting state and district expectations for

31  proficiency. Beginning with the 2002-2003 school year, if the

                                  2

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    Florida Senate - 2004                                  SB 2048
    33-1000-04




 1  student has been identified as having a deficiency in reading,

 2  the academic improvement plan shall identify the student's

 3  specific areas of deficiency in phonemic awareness, phonics,

 4  fluency, comprehension, and vocabulary; the desired levels of

 5  performance in these areas; and the instructional and support

 6  services to be provided to meet the desired levels of

 7  performance. Schools shall also provide for the frequent

 8  monitoring of the student's progress in meeting the desired

 9  levels of performance.  District school boards shall assist

10  schools and teachers to implement research-based reading

11  activities that have been shown to be successful in teaching

12  reading to low-performing students.  Remedial instruction

13  provided during high school may not be in lieu of English and

14  mathematics credits required for graduation.

15         (c)  Upon subsequent evaluation, if the documented

16  deficiency has not been remediated in accordance with the

17  academic improvement plan, the student may be retained. Each

18  student who does not meet the minimum performance expectations

19  defined by the Commissioner of Education for the statewide

20  assessment tests in reading, writing, science, and mathematics

21  must continue to be provided with remedial or supplemental

22  instruction until the expectations are met or the student

23  graduates from high school or is not subject to compulsory

24  school attendance.

25         (5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.--

26         (a)  It is the ultimate goal of the Legislature that

27  every student read at or above grade level. Any student who

28  exhibits a substantial deficiency in reading, based upon

29  locally determined or statewide assessments conducted in

30  kindergarten or grade 1, grade 2, or grade 3, or through

31  teacher observations, must be given intensive reading

                                  3

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    Florida Senate - 2004                                  SB 2048
    33-1000-04




 1  instruction immediately following the identification of the

 2  reading deficiency. The student's reading proficiency must be

 3  reassessed by locally determined assessments or through

 4  teacher observations at the beginning of the grade following

 5  the intensive reading instruction. The student must continue

 6  to be provided with intensive reading instruction until the

 7  reading deficiency is remedied.

 8         (b)  Beginning with the 2002-2003 school year, if the

 9  student's reading deficiency, as identified in paragraph (a),

10  is not remedied by the end of grade 3, as demonstrated by

11  scoring at Level 2 or higher on the statewide assessment test

12  in reading for grade 3, the student must be retained.

13         (b)(c)  Beginning with the 2002-2003 school year, the

14  parent of any student who exhibits a substantial deficiency in

15  reading, as described in paragraph (a), must be notified in

16  writing of the following:

17         1.  That his or her child has been identified as having

18  a substantial deficiency in reading.

19         2.  A description of the current services that are

20  provided to the child.

21         3.  A description of the proposed supplemental

22  instructional services and supports that will be provided to

23  the child that are designed to remediate the identified area

24  of reading deficiency.

25         4.  That if the child's reading deficiency is not

26  remediated by the end of grade 3, the child must be retained

27  unless he or she is exempt from mandatory retention for good

28  cause.

29         4.5.  Strategies for parents to use in helping their

30  child succeed in reading proficiency.

31         (6)  ELIMINATION OF SOCIAL PROMOTION.--

                                  4

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    Florida Senate - 2004                                  SB 2048
    33-1000-04




 1         (a)  No student may be assigned to a grade level based

 2  solely on age or other factors that constitute social

 3  promotion.

 4         (b)  The district school board may only exempt students

 5  from mandatory retention, as provided in paragraph (5)(b), for

 6  good cause.  Good cause exemptions shall be limited to the

 7  following:

 8         1.  Limited English proficient students who have had

 9  less than 2 years of instruction in an English for Speakers of

10  Other Languages program.

11         2.  Students with disabilities whose individual

12  education plan indicates that participation in the statewide

13  assessment program is not appropriate, consistent with the

14  requirements of State Board of Education rule.

15         3.  Students who demonstrate an acceptable level of

16  performance on an alternative standardized reading assessment

17  approved by the State Board of Education.

18         4.  Students who demonstrate, through a student

19  portfolio, that the student is reading on grade level as

20  evidenced by demonstration of mastery of the Sunshine State

21  Standards in reading equal to at least a Level 2 performance

22  on the FCAT.

23         5.  Students with disabilities who participate in the

24  FCAT and who have an individual education plan or a Section

25  504 plan that reflects that the student has received the

26  intensive remediation in reading, as required by paragraph

27  (4)(b), for more than 2 years but still demonstrates a

28  deficiency in reading and was previously retained in

29  kindergarten, grade 1, or grade 2.

30         6.  Students who have received the intensive

31  remediation in reading as required by paragraph (4)(b) for 2

                                  5

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    Florida Senate - 2004                                  SB 2048
    33-1000-04




 1  or more years but still demonstrate a deficiency in reading

 2  and who were previously retained in kindergarten, grade 1, or

 3  grade 2 for a total of 2 years.  Intensive reading instruction

 4  for students so promoted must include an altered instructional

 5  day based upon an academic improvement plan that includes

 6  specialized diagnostic information and specific reading

 7  strategies for each student.  The district school board shall

 8  assist schools and teachers to implement reading strategies

 9  that research has shown to be successful in improving reading

10  among low performing readers.

11         (c)  Requests for good cause exemptions for students

12  from the mandatory retention requirement as described in

13  subparagraphs (b)3. and 4. shall be made consistent with the

14  following:

15         1.  Documentation shall be submitted from the student's

16  teacher to the school principal that indicates that the

17  promotion of the student is appropriate and is based upon the

18  student's academic record.  In order to minimize paperwork

19  requirements, such documentation shall consist only of the

20  existing academic improvement plan, individual educational

21  plan, if applicable, report card, or student portfolio.

22         2.  The school principal shall review and discuss such

23  recommendation with the teacher and make the determination as

24  to whether the student should be promoted or retained.  If the

25  school principal determines that the student should be

26  promoted, the school principal shall make such recommendation

27  in writing to the district school superintendent.  The

28  district school superintendent shall accept or reject the

29  school principal's recommendation in writing.

30         (6)(7)  ANNUAL REPORT.--

31  

                                  6

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    Florida Senate - 2004                                  SB 2048
    33-1000-04




 1         (a)  In addition to the requirements in paragraph

 2  (5)(b), Each district school board must annually report to the

 3  parent of each student the progress of the student toward

 4  achieving state and district expectations for proficiency in

 5  reading, writing, science, and mathematics. The district

 6  school board must report to the parent the student's results

 7  on each statewide assessment test. The evaluation of each

 8  student's progress must be based upon the student's classroom

 9  work, observations, tests, district and state assessments, and

10  other relevant information. Progress reporting must be

11  provided to the parent in writing in a format adopted by the

12  district school board.

13         (b)  Beginning with the 2001-2002 school year, each

14  district school board must annually publish in the local

15  newspaper, and report in writing to the State Board of

16  Education by September 1 of each year, the following

17  information on the prior school year:

18         1.  The provisions of this section relating to public

19  school student progression and the district school board's

20  policies and procedures on student retention and promotion.

21         2.  By grade, the number and percentage of all students

22  in grades 3 through 10 performing at Levels 1 and 2 on the

23  reading portion of the FCAT.

24         3.  By grade, the number and percentage of all students

25  retained in grades 3 through 10.

26         4.  Information on the total number of students who

27  were promoted for good cause, by each category of good cause

28  as specified in paragraph (6)(b).

29         5.  Any revisions to the district school board's policy

30  on student retention and promotion from the prior year.

31         (7)(8)  STATE BOARD AUTHORITY AND RESPONSIBILITIES.--

                                  7

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    Florida Senate - 2004                                  SB 2048
    33-1000-04




 1         (a)  The State Board of Education shall have authority

 2  as provided in s. 1008.32 to enforce this section.

 3         (b)  The State Board of Education shall adopt rules

 4  pursuant to ss. 120.536(1) and 120.54 for the administration

 5  of this section.

 6         (8)(9)  TECHNICAL ASSISTANCE.--The department shall

 7  provide technical assistance as needed to aid district school

 8  boards in administering this section.

 9         Section 2.  This act shall take effect July 1, 2004.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Repeals provisions mandating the retention of a student
      in grade 3 if the student exhibits a deficiency in
14    reading. Deletes provisions requiring the elimination of
      social promotion.
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                                  8

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