HB 639
1
A bill to be entitled
2An act relating to public school student progression;
3amending s. 1008.25, F.S.; providing a process by which
4the retention of a third grade student who exhibits a
5reading deficiency may be appealed; providing for
6exemption from mandatory retention through successful
7appeal; requiring the Department of Education to establish
8an appeal process; specifying circumstances recognized as
9justification for granting an appeal; requiring assessment
10and evaluation; providing for reporting; providing an
11effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (5) and paragraph (b) of subsection
16(6) of section 1008.25, Florida Statutes, are amended, present
17subsections (7), (9), and (10) are renumbered as subsections
18(8), (10), and (11), respectively, present subsection (8) is
19renumbered as subsection (9) and amended, and a new subsection
20(7) is added to that section, to read:
21 1008.25 Public school student progression; remedial
22instruction; reporting requirements.-
23 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.-
24 (a) It is the ultimate goal of the Legislature that every
25student read at or above grade level. Any student who exhibits a
26substantial deficiency in reading, based upon locally determined
27or statewide assessments conducted in kindergarten or grade 1,
28grade 2, or grade 3, or through teacher observations, must be
29given intensive reading instruction immediately following the
30identification of the reading deficiency. The student's reading
31proficiency must be reassessed by locally determined assessments
32or through teacher observations at the beginning of the grade
33following the intensive reading instruction. The student must
34continue to be provided with intensive reading instruction until
35the reading deficiency is remedied.
36 (b) Beginning with the 2002-2003 school year, if the
37student's reading deficiency, as identified in paragraph (a), is
38not remedied by the end of grade 3, as demonstrated by scoring
39at Level 2 or higher on the statewide assessment test in reading
40for grade 3, the student must be retained.
41 (c) The parent of any student who exhibits a substantial
42deficiency in reading, as described in paragraph (a), must be
43notified in writing of the following:
44 1. That his or her child has been identified as having a
45substantial deficiency in reading.
46 2. A description of the current services that are provided
47to the child.
48 3. A description of the proposed supplemental
49instructional services and supports that will be provided to the
50child that are designed to remediate the identified area of
51reading deficiency.
52 4. That if the child's reading deficiency is not
53remediated by the end of grade 3, the child must be retained
54unless he or she is exempt from mandatory retention for good
55cause.
56 5. The availability of an appeal process for a student who
57is to be retained pursuant to paragraph (b).
58 6.5. Strategies for parents to use in helping their child
59succeed in reading proficiency.
60 7.6. That the Florida Comprehensive Assessment Test (FCAT)
61is not the sole determiner of promotion and that additional
62evaluations, portfolio reviews, and assessments are available to
63the child to assist parents and the school district in knowing
64when a child is reading at or above grade level and ready for
65grade promotion.
66 8.7. The district's specific criteria and policies for
67midyear promotion. Midyear promotion means promotion of a
68retained student at any time during the year of retention once
69the student has demonstrated ability to read at grade level.
70 (6) ELIMINATION OF SOCIAL PROMOTION.-
71 (b) The district school board may only exempt students
72from mandatory retention, as provided in paragraph (5)(b), for
73good cause or for successful appeal of their retention under
74subsection (7). Good cause exemptions shall be limited to the
75following:
76 1. Limited English proficient students who have had less
77than 2 years of instruction in an English for Speakers of Other
78Languages program.
79 2. Students with disabilities whose individual education
80plan indicates that participation in the statewide assessment
81program is not appropriate, consistent with the requirements of
82State Board of Education rule.
83 3. Students who demonstrate an acceptable level of
84performance on an alternative standardized reading assessment
85approved by the State Board of Education.
86 4. Students who demonstrate, through a student portfolio,
87that the student is reading on grade level as evidenced by
88demonstration of mastery of the Sunshine State Standards in
89reading equal to at least a Level 2 performance on the FCAT.
90 5. Students with disabilities who participate in the FCAT
91and who have an individual education plan or a Section 504 plan
92that reflects that the student has received intensive
93remediation in reading for more than 2 years but still
94demonstrates a deficiency in reading and was previously retained
95in kindergarten, grade 1, grade 2, or grade 3.
96 6. Students who have received intensive remediation in
97reading for 2 or more years but still demonstrate a deficiency
98in reading and who were previously retained in kindergarten,
99grade 1, grade 2, or grade 3 for a total of 2 years. Intensive
100reading instruction for students so promoted must include an
101altered instructional day that includes specialized diagnostic
102information and specific reading strategies for each student.
103The district school board shall assist schools and teachers to
104implement reading strategies that research has shown to be
105successful in improving reading among low-performing readers.
106 (7) APPEALS FOR EXEMPTION FROM MANDATORY RETENTION.-
107 (a) The Legislature recognizes that there are unusual and
108unique circumstances that may warrant a student's exemption from
109mandatory retention. The Department of Education shall establish
110an appeal process in which the parent of a student who is to be
111retained pursuant to paragraph (5)(b) may seek an exemption from
112mandatory retention from the district school board. A majority
113vote of the membership of the district school board is required
114for such exemption.
115 (b) Circumstances that shall be recognized as
116justification for granting an appeal include:
117 1. A student suffers physical or emotional trauma
118resulting in test anxiety, including, but not limited to, death
119of a family member, removal from the home, or serious illness or
120injury to the student or a family member.
121 2. A student develops unusual test anxiety, especially
122when it arises from being threatened with retention.
123 (c) A parent shall have input as to the types of
124additional support the student will receive to overcome his or
125her deficiency.
126 (d) When an appeal is filed with the district school
127board, the school shall provide an independent assessment of the
128student's academic needs by a qualified school psychologist.
129 (e) The school principal shall evaluate the assessment,
130discuss the assessment with the student's teacher and parent,
131and make a recommendation to the district school board within 30
132days after receipt of the assessment.
133 (f) If a parent wishes to appeal his or her child's
134retention but does not have the means or resources to do so, the
135school district shall appoint a qualified advocate to intervene
136on the child's behalf during the appeal process.
137 (g) School personnel, including guidance counselors and
138teachers, may initiate the appeal process on behalf of a student
139but must receive the parent's permission to do so before
140proceeding with an appeal.
141 (9)(8) ANNUAL REPORT.-
142 (a) In addition to the requirements in paragraph
143(5)(c)(b), each district school board must annually report to
144the parent of each student the progress of the student toward
145achieving state and district expectations for proficiency in
146reading, writing, science, and mathematics. The district school
147board must report to the parent the student's results on each
148statewide assessment test. The evaluation of each student's
149progress must be based upon the student's classroom work,
150observations, tests, district and state assessments, and other
151relevant information. Progress reporting must be provided to the
152parent in writing in a format adopted by the district school
153board.
154 (b) Each district school board must annually publish in
155the local newspaper, and report in writing to the State Board of
156Education by September 1 of each year, the following information
157on the prior school year:
158 1. The provisions of this section relating to public
159school student progression and the district school board's
160policies and procedures on student retention and promotion.
161 2. By grade, the number and percentage of all students in
162grades 3 through 10 performing at Levels 1 and 2 on the reading
163portion of the FCAT.
164 3. By grade, the number and percentage of all students
165retained in grades 3 through 10.
166 4. Information on the total number of students who were
167promoted for good cause, by each category of good cause as
168specified in paragraph (6)(b).
169 5. Information on the total number of students who were
170promoted as a result of appealing their retention under
171subsection (7).
172 6.5. Any revisions to the district school board's policy
173on student retention and promotion from the prior year.
174 (c) The Department of Education shall establish a uniform
175format for school districts to report the information required
176in paragraph (b). The format shall be developed with input from
177district school boards and shall be provided not later than 90
178days prior to the annual due date. The department shall annually
179compile the information required in subparagraphs (b)2., 3., and
1804., and 5., along with state-level summary information, and
181report such information to the Governor, the President of the
182Senate, and the Speaker of the House of Representatives.
183 Section 2. This act shall take effect July 1, 2010.
CODING: Words stricken are deletions; words underlined are additions.