Bill Text: FL S0774 | 2015 | Regular Session | Introduced
Bill Title: Education Accountability
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-05-01 - Died in Education Pre-K - 12, companion bill(s) passed, see CS/HB 7069 (Ch. 2015-6) [S0774 Detail]
Download: Florida-2015-S0774-Introduced.html
Florida Senate - 2015 SB 774 By Senator Montford 3-00291A-15 2015774__ 1 A bill to be entitled 2 An act relating to education accountability; amending 3 s. 1003.41, F.S.; providing that the English Language 4 Arts (ELA) and Mathematics online assessments may not 5 be fully implemented until certain technology 6 infrastructure, connectivity, and capacity have been 7 tested, verified, and certified as ready; requiring 8 the Commissioner of Education to provide an 9 alternative to online assessments in certain 10 circumstances; amending s. 1008.22, F.S.; specifying 11 that, for the purpose of the student assessment 12 program, state and local student assessment programs 13 must use the minimum amount of testing necessary; 14 revising requirements for the administration of the 15 ELA and Mathematics assessments; prohibiting the use 16 of such assessments for promotion or retention 17 purposes; prohibiting the use of the ELA assessment 18 for graduation purposes; requiring the commissioner to 19 provide an alternative, nonelectronic option for the 20 administration and reporting of assessments under 21 certain circumstances; providing that online 22 assessments may not be implemented until certain 23 technology infrastructure, connectivity, and capacity 24 has been tested, verified, and certified as ready; 25 revising requirements relating to local assessments, 26 including certain student performance measurements, 27 course content measurements, end-of-course 28 assessments, and administration schedules; amending s. 29 1008.30, F.S.; providing that the PSAT, SAT, and ACT 30 are tests that may be accepted in lieu of a common 31 placement test to assess student college readiness; 32 authorizing, rather than requiring, high schools to 33 evaluate student college readiness using the results 34 of the test prescribed in this section under certain 35 circumstances; amending s. 1008.31, F.S.; revising 36 legislative intent regarding the state K-20 education 37 performance accountability system; requiring the 38 commissioner to notify the United States Department of 39 Education regarding the transition period required to 40 implement the new performance accountability system; 41 requiring the system to be implemented in the 2016 42 2017 school year; requiring school grades to be held 43 in abeyance until the system is implemented; creating 44 s. 1008.311, F.S.; providing legislative findings and 45 intent regarding the state’s transition to the new 46 system; amending s. 1008.34, F.S.; requiring that 47 specified school grades and school improvement ratings 48 be held in abeyance; authorizing the commissioner to 49 reduce or eliminate intervention and support services 50 for a school or an approved provider under certain 51 circumstances; authorizing school districts to use 52 other measures of student performance or concordant 53 scores for certain purposes; removing a future repeal 54 relating to the transition of the school grading 55 system; amending s. 1008.345, F.S.; requiring the 56 commissioner to continue his or her responsibility for 57 implementing and maintaining a system of intensive 58 school improvement and stringent education 59 accountability during the transition period for 60 implementing the new performance accountability 61 system; amending s. 1008.385, F.S.; requiring the 62 commissioner to publish technology requirements for 63 school districts to facilitate online assessments; 64 prohibiting the implementation of certain online 65 assessments until certain technology infrastructure, 66 connectivity, and capacity has been tested, verified, 67 and certified as ready; requiring the commissioner to 68 provide an alternative, nonelectronic option for the 69 administration and reporting of assessments under 70 certain circumstances, to submit a report on the 71 implementation of technology requirements by school 72 districts to the Legislature, and to recommend the 73 level of funding for such technology requirements to 74 the Legislature annually; requiring school districts 75 to implement technology requirements for administering 76 online assessments and to report to the commissioner 77 its compliance with such requirements; amending s. 78 1012.34, F.S.; revising the personnel evaluation 79 procedures and criteria, including student learning 80 assessments; authorizing school districts to measure 81 student learning and performance using certain 82 formulas; revising the rulemaking requirements the 83 State Board of Education must adopt relating to 84 evaluations; requiring the standards for each 85 performance level to be established within a certain 86 timeframe; amending s. 1012.3401, F.S.; revising 87 personnel performance evaluations in relation to 88 student learning or achievement; amending ss. 1001.03, 89 1002.451, 1004.04, 1004.85, 1007.271, 1008.37, 90 1012.22, 1012.341, and 1012.56, F.S.; conforming 91 provisions to changes made by the act; providing an 92 effective date. 93 94 Be It Enacted by the Legislature of the State of Florida: 95 96 Section 1. Present subsection (4) of section 1003.41, 97 Florida Statutes, is redesignated as subsection (5), and a new 98 subsection (4) is added to that section, to read: 99 1003.41 Next Generation Sunshine State Standards.— 100 (4) Full implementation of online assessments for Next 101 Generation Sunshine State Standards in English Language Arts and 102 mathematics adopted under this section shall occur only after 103 the technology infrastructure, connectivity, and capacity of all 104 public schools and school districts have been load tested, 105 independently verified, and certified by the district school 106 superintendents as ready for successful deployment and 107 implementation. If a district school superintendent certifies 108 that the school district or schools within that district are not 109 ready to deploy and implement the online assessments, the 110 Commissioner of Education shall provide an alternative, 111 nonelectronic option to the school district for the successful 112 and timely administration of assessments and the reporting of 113 such assessment results to the Department of Education. 114 Section 2. Subsection (1), paragraphs (a) and (d) of 115 subsection (3), and subsections (4) and (6) of section 1008.22, 116 Florida Statutes, are amended to read: 117 1008.22 Student assessment program for public schools.— 118 (1) PURPOSE.—The primary purpose of the student assessment 119 program is to provide student academic achievement and learning 120 gains data to students, parents, teachers, school 121 administrators, and school district staff. This data is to be 122 used by districts to improve instruction; by students, parents, 123 and teachers to guide learning objectives; by education 124 researchers to assess national and international education 125 comparison data; and by the public to assess the cost benefit of 126 the expenditure of taxpayer dollars. State and local student 127 assessment programs must use the minimum amount of state and 128 local testing required for students to accomplish the purposes 129 of the program. The program must be designed to: 130 (a) Assess the achievement level and annual learning gains 131 of each student in English Language Arts and mathematics and the 132 achievement level in all other subjects assessed. 133 (b) Provide data for making decisions regarding school 134 accountability, recognition, and improvement of operations and 135 management, including schools operating for the purpose of 136 providing educational services to youth in Department of 137 Juvenile Justice programs. 138 (c) Identify the educational strengths and needs of 139 students and the readiness of students to be promoted to the 140 next grade level or to graduate from high school. 141 (d) Assess how well educational goals and curricular 142 standards are met at the school, district, state, national, and 143 international levels. 144 (e) Provide information to aid in the evaluation and 145 development of educational programs and policies. 146 (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The 147 Commissioner of Education shall design and implement a 148 statewide, standardized assessment program aligned to the core 149 curricular content established in the Next Generation Sunshine 150 State Standards. The commissioner also must develop or select 151 and implement a common battery of assessment tools that will be 152 used in all juvenile justice education programs in the state. 153 These tools must accurately measure the core curricular content 154 established in the Next Generation Sunshine State Standards. 155 Participation in the assessment program is mandatory for all 156 school districts and all students attending public schools, 157 including adult students seeking a standard high school diploma 158 under s. 1003.4282 and students in Department of Juvenile 159 Justice education programs, except as otherwise provided by law. 160 If a student does not participate in the assessment program, the 161 school district must notify the student’s parent and provide the 162 parent with information regarding the implications of such 163 nonparticipation. The statewide, standardized assessment program 164 shall be designed and implemented as follows: 165 (a) Statewide, standardized comprehensive assessments.—The 166 English Language Arts (ELA) assessment, including thestatewide,167standardized Reading assessment shall be administered annually168in grades 3 through 10. The statewide, standardizedWriting 169 component,assessment shall be administered annually at least170once at the elementary, middle, and high school levels. When the171Reading and Writing assessments are replaced by English Language172Arts (ELA) assessments, ELA assessmentsshall be administered 173 annually to students in grades 3 through 1011. Retake 174 opportunities for thegrade 10 Reading assessment or, upon175implementation, thegrade 10 ELA assessment must be provided. 176 Students taking the ELA assessments mayshallnot take the 177 statewide, standardized assessments inReading orWriting. ELA 178 assessments may be, but are not required to be,shall be179 administered online. The statewide, standardized Mathematics 180 assessments shall be administered annually in grades 3 through 181 8. Students taking a revised Mathematics assessment mayshall182 not take the discontinued assessment. The statewide, 183 standardized Science assessment shall be administeredannually184 at least once annually at the elementary grades level and the 185 middle grades levels. In order to earn a standard high school 186 diploma, a student who has not earned a passing score onthe187grade 10 Reading assessment or, upon implementation,the grade 188 10 ELA assessment must earn a passing score on the assessment 189 retake or earn a concordant score as authorized under subsection 190 (7). 191 1. The ELA assessment may not be used as a requirement for 192 graduation, promotion, or retention during the transition period 193 from the administration of the FCAT to a statewide, standardized 194 ELA assessment. The 2016-2017 school year is the first year that 195 the ELA assessment may be used for graduation, promotion, or 196 retention purposes. Until the 2016-2017 school year, a 197 concordant score may be used as provided in subsection (7) to 198 satisfy high school graduation requirements. For promotion and 199 retention purposes, the school district may use a variety of 200 assessments to quantify student performance in English Language 201 Arts or reading. 202 2. The Mathematics assessment administered in grades 3 203 through 8 may not be used as a requirement for promotion or 204 retention during the transition period from the administration 205 of the FCAT to a statewide, standardized Mathematics assessment. 206 The 2016-2017 school year is the first year that the Mathematics 207 assessment may be used for promotion or retention purposes. 208 Until the 2016-2017 school year, the school district may use a 209 variety of assessments to quantify student performance in 210 mathematics. 211 3. Until the 2016-2017 school year, the commissioner shall 212 provide an alternative, nonelectronic option for the 213 administration of the ELA statewide, standardized assessment, 214 including Writing, and the Mathematics statewide, standardized 215 assessment. The nonelectronic option shall be provided in order 216 to ensure that students have adequate time to develop the word 217 processing and computer skills to take the statewide, 218 standardized assessment and that districts have the capacity on 219 both the school and district levels to administer the assessment 220 as an online assessment. 221 (d) Implementation schedule.— 222 1. The Commissioner of Education shall establish and 223 publish on the department’s website an implementation schedule 224 to transition from the statewide, standardized Reading and 225 Writing assessments to the ELA assessments and to the revised 226 Mathematics assessments, including the Algebra I and Geometry 227 EOC assessments. The schedule must take into consideration 228 funding, sufficient field and baseline data, access to 229 assessments, instructional alignment, and school district 230 readiness to administer the assessments online. 231 2. The Department of Education shall publish minimum and 232 recommended technology requirements that include specifications 233 for hardware, software, networking, security, and broadband 234 capacity to facilitate school district compliance with the 235 requirement that assessments be administered online. 236 3. The technology infrastructure, connectivity, and 237 capacity of all public schools and school districts that 238 administer statewide standardized assessments pursuant to this 239 section, including online assessments, shall be load tested, 240 independently verified as appropriate, and certified by the 241 district school superintendent as adequate, efficient, and 242 sustainable. If a district school superintendent certifies that 243 the school district or schools within that district are not 244 ready, the Commissioner of Education shall provide an 245 alternative, nonelectronic option to the school district for the 246 successful and timely administration of assessments and the 247 reporting of such assessment results to the Department of 248 Education. 249 (4) SCHOOL ASSESSMENT PROGRAMS.—Each public school shall 250 participate in the statewide, standardized assessment program in 251 accordance with the assessment and reporting schedules and the 252 minimum and recommended technology requirements published by the 253 Commissioner of Education. However, if a district school 254 superintendent certifies that the school district or schools 255 within that district are not ready, the commissioner shall 256 provide an alternative, nonelectronic option to the school 257 district for the successful and timely administration of 258 assessments and the reporting of such assessment results to the 259 Department of Education. District school boards mayshallnot 260 establish school calendars that conflict with or jeopardize 261 implementation of the assessment program. All district school 262 boards shall report assessment results as required by the state 263 management information system. Performance data shall be 264 analyzed and reported to parents, the community, and the state. 265 Student performance data shall be used by districts in 266 developing objectives for the school improvement plan, 267 evaluating instructional personnel and administrative personnel, 268 assigning staff, allocating resources, acquiring instructional 269 materials and technology, implementing performance-based 270 budgeting, and promoting and assigning students to educational 271 programs. The analysis of student performance data must also 272 identify strengths and needs in the educational program and 273 trends over time. The analysis must be used in conjunction with 274 the budgetary planning processes developed pursuant to s. 275 1008.385 and the development of remediation programs. 276 (6) LOCAL ASSESSMENTS.— 277 (a) Measurement of student performance is the 278 responsibility of school districts except in those subjects and 279 grade levels measured under the statewide, standardized 280 assessment program described in this sectionin all subjects and281grade levels, except those subjects and grade levels measured282under the statewide, standardized assessment program described283in this section, is the responsibility of the school districts. 284 (b)Except for those subjects and grade levels measured285under the statewide, standardized assessment program, beginning286with the 2014-2015 school year, each school district shall287administer for each course offered in the district a local288assessment that measures student mastery of course content at289the necessary level of rigor for the course.As adopted pursuant 290 to State Board of Education rule, course content is set forth in 291 the state standards required by s. 1003.41 and in the course 292 description. Local assessments that measure course content set 293 forth in the state standards may include: 294 1. Statewide assessments. 295 2. Other standardized assessments, including nationally 296 recognized standardized assessments. 297 3. Industry certification assessments. 298 4. District-developed or district-selected end-of-course 299 assessments. 300 5. Teacher-selected or principal-selected assessments. 301 (c) Each district school board must adopt policies for 302 selection, development, administration, and scoring of local 303 assessments and for collection of assessment results. Local 304 assessments implemented under subparagraphs (b)4. and 5. may 305 include a variety of assessment formats, including, but not 306 limited to, project-based assessments, adjudicated performances, 307 and practical application assignments. Teacher-selected or 308 principal-selected end-of-course assessments used for all 309 English Language Arts, mathematics, science, and social studies 310 courses offered in the district that are used to meet graduation 311 requirements under s. 1002.3105, s. 1003.4281, or s. 1003.4282 312 and that are not otherwise assessed by statewide, standardized 313 assessments must be approved by the district school 314 superintendent or his or her designeeFor all English Language315Arts, mathematics, science, and social studies courses offered316in the district that are used to meet graduation requirements317under s. 1002.3105, s. 1003.4281, or s. 1003.4282 and that are318not otherwise assessed by statewide, standardized assessments,319the district school board must select the assessments described320in subparagraphs (b)1.-4. 321 (d) The Commissioner of Education shall identify methods to 322 assist and support districts in the development and acquisition 323 of assessments required under this subsection. Methods may 324 include developing item banks, facilitating the sharing of 325 developed tests among school districts, acquiring assessments 326 from state and national curriculum-area organizations, and 327 providing technical assistance in best professional practices of 328 test development based upon state-adopted curriculum standards, 329 administration, and security. 330 (e) Each school district shall establish schedules for the 331 administration of any state- and district-mandated assessment. 332 The schedules must identify the statutory requirement for all 333 mandated assessments. Each school district shallandapprove the 334 schedules as an agenda item at a district school board meeting. 335 The school district shall publish the testing schedules on its 336 website, clearly specifying the state- and district-mandated 337 assessments, and report the schedules to the Department of 338 Education by October 1 of each year. 339 Section 3. Section 1008.30, Florida Statutes, is amended to 340 read: 341 1008.30 Postsecondary readinessCommon placement testing342for public postsecondary education.— 343 (1) The State Board of Education, in conjunction with the 344 Board of Governors, shall develop and implement a common 345 placement test for the purpose of assessing the basic 346 computation and communication skills of students who intend to 347 enter a degree program at any public postsecondary educational 348 institution. Alternative assessments that may be accepted in 349 lieu of the common placement test shall also be identified in 350 rule. The PSAT, SAT, and ACT are tests that may be used. Public 351 postsecondary educational institutions shall provide appropriate 352 modifications of the test instruments or test procedures for 353 students with disabilities. 354 (2) The test mustcommon placement testing programshall355 include the capacity to diagnose basic competencies in the areas 356 of English, reading, and mathematics which are essential for 357 success in meta-majors and to provide test information to 358 students on the specific skills the student needs to attain. 359 (3) The State Board of Education shall adopt rules that 360 authorizerequirehigh schools to evaluate before the beginning 361 of grade 12 the college readiness of each student who scores 362 Level 2 or Level 3 on grade 10 FCAT Reading or the English 363 Language Arts assessment under s. 1008.22, as applicable, or 364 Level 2, Level 3, or Level 4 on the Algebra I assessment under 365 s. 1008.22. High schools mayshallperform this evaluation using 366 results from thecorresponding component of the common placement367 test prescribed in this section, or an alternative test368identified by the State Board of Education. The high school may 369shalluse the results of the test to advise the students of any 370 identified deficiencies and to provide 12th grade students with, 371 and strongly encouragerequirethem to complete, appropriate 372 postsecondary preparatory instruction before high school 373 graduation. The curriculum provided under this subsection shall 374 be identified in rule by the State Board of Education and 375 encompass Florida’s Postsecondary Readiness Competencies. Other 376 elective courses may not be substituted for the selected 377 postsecondary mathematics, reading, writing, or English Language 378 Arts preparatory course unless the elective course covers the 379 same competencies included in the postsecondary mathematics, 380 reading, writing, or English Language Arts preparatory course. 381 (4) By October 31, 2013, the State Board of Education shall 382 establish by rule the test scores a student must achieve to 383 demonstrate readiness to perform college-level work, and the 384 rules must specify the following: 385 (a) A student who entered 9th grade in a Florida public 386 school in the 2003-2004 school year, or any year thereafter, and 387 earned a Florida standard high school diploma or a student who 388 is serving as an active duty member of any branch of the United 389 States Armed Services mayshallnot be required to take the 390common placementtest and mayshallnot be required to enroll in 391 developmental education instruction in a Florida College System 392 institution. However, a student who is not required to take the 393common placementtest and is not required to enroll in 394 developmental education under this paragraph may opt to be 395 assessed and to enroll in developmental education instruction, 396 and the college shall provide such assessment and instruction 397 upon the student’s request. 398 (b) A student who takes thecommon placementtest and whose 399 score on the test indicates a need for developmental education 400 must be advised of all the developmental education options 401 offered at the institution and, after advisement, shall be 402 allowed to enroll in the developmental education option of his 403 or her choice. 404 (c) A student who demonstrates readiness by achieving or 405 exceeding the test scores established by the state board and 406 enrolls in a Florida College System institution within 2 years 407 after achieving such scores mayshallnot be required to retest 408 or complete developmental education when admitted to any Florida 409 College System institution. 410 (5) By December 31, 2013, the State Board of Education, in 411 consultation with the Board of Governors, shall approve a series 412 of meta-majors and the academic pathways that identify the 413 gateway courses associated with each meta-major. Florida College 414 System institutions shall use placement test results to 415 determine the extent to which each student demonstrates 416 sufficient communication and computation skills to indicate 417 readiness for his or her chosen meta-major. Florida College 418 System institutions shall counsel students into college credit 419 courses as quickly as possible, with developmental education 420 limited to that content needed for success in the meta-major. 421 (6)(a) Each Florida College System institution board of 422 trustees shall develop a plan to implement the developmental 423 education strategies defined in s. 1008.02 and rules established 424 by the State Board of Education. The plan must be submitted to 425 the Chancellor of the Florida College System for approval no 426 later than March 1, 2014, for implementation no later than the 427 fall semester 2014. Each plan must include, at a minimum, local 428 policies that outline: 429 1. Documented student achievements such as grade point 430 averages, work history, military experience, participation in 431 juried competitions, career interests, degree major declaration, 432 or any combination of such achievements that the institution may 433 consider, in addition tocommon placementtest scores, for 434 advising students regarding enrollment options. 435 2. Developmental education strategies available to 436 students. 437 3. A description of student costs and financial aid 438 opportunities associated with each option. 439 4. Provisions for the collection of student success data. 440 5. A comprehensive plan for advising students into 441 appropriate developmental education strategies based on student 442 success data. 443 (b) Beginning October 31, 2015, each Florida College System 444 institution shall annually prepare an accountability report that 445 includes student success data relating to each developmental 446 education strategy implemented by the institution. The report 447 shall be submitted to the Division of Florida Colleges by 448 October 31 in a format determined by the Chancellor of the 449 Florida College System. By December 31, the chancellor shall 450 compile and submit the institutional reports to the Governor, 451 the President of the Senate, the Speaker of the House of 452 Representatives, and the State Board of Education. 453 (c) A university board of trustees may contract with a 454 Florida College System institution board of trustees for the 455 Florida College System institution to provide developmental 456 education on the state university campus. Any state university 457 in which the percentage of incoming students requiring 458 developmental education equals or exceeds the average percentage 459 of such students for the Florida College System may offer 460 developmental education without contracting with a Florida 461 College System institution; however, any state university 462 offering college-preparatory instruction as of January 1, 1996, 463 may continue to provide such services. 464 (7) A student may not be enrolled in a college credit 465 mathematics or English course on a dual enrollment basis unless 466 the student has demonstrated adequate precollegiate preparation 467 on the section of the basic computation and communication skills 468 assessment required pursuant to subsection (1) that is 469 appropriate for successful student participation in the course. 470 Section 4. Subsection (1) of section 1008.31, Florida 471 Statutes, is amended to read: 472 1008.31 Florida’s K-20 education performance accountability 473 system; legislative intent; mission, goals, and systemwide 474 measures; data quality improvements.— 475 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 476 that: 477 (a) The performance accountability system implemented to 478 assess the effectiveness of Florida’s seamless K-20 education 479 delivery system provide answers to the following questions in 480 relation to its mission and goals: 481 1. What is the public receiving in return for funds it 482 invests in education? 483 2. How effectively is Florida’s K-20 education system 484 educating its students? 485 3. How effectively are the major delivery sectors promoting 486 student achievement? 487 4. How are individual schools and postsecondary education 488 institutions performing their responsibility to educate their 489 students as measured by how students are performing and how much 490 they are learning? 491 (b) The K-20 education performance accountability system be 492 established as a single, unified accountability system with 493 multiple components, including, but not limited to, student 494 performance in public schools and school and district grades. 495 (c) The K-20 education performance accountability system 496 comply with the requirements of the “No Child Left Behind Act of 497 2001,” Pub. L. No. 107-110, and the Individuals with 498 Disabilities Education Act (IDEA). The Commissioner of Education 499 shall notify the United States Department of Education regarding 500 the transition period required to implement the new performance 501 accountability system in order to maintain compliance with or be 502 granted a waiver from the requirements of the “No Child Left 503 Behind Act of 2001.” 504 (d) Notwithstanding any other law, the K-12 education 505 performance accountability system is in transition for the 2014 506 2015 and 2015-2016 school years, and the new performance 507 accountability system shall be fully implemented during the 508 2016-2017 school year. During the 2-year transition period, 509 school grades shall be held in abeyance. 510 (e)(d)The State Board of Education and the Board of 511 Governors of the State University System recommend to the 512 Legislature systemwide performance standards; the Legislature 513 establish systemwide performance measures and standards; and the 514 systemwide measures and standards provide Floridians with 515 information on what the public is receiving in return for the 516 funds it invests in education and how well the K-20 system 517 educates its students. 518 (f)(e)1. The State Board of Education establish performance 519 measures and set performance standards for individual public 520 schools and Florida College System institutions, with measures 521 and standards based primarily on student achievement. 522 2. The Board of Governors of the State University System 523 establish performance measures and set performance standards for 524 individual state universities, including actual completion 525 rates. 526 Section 5. Section 1008.311, Florida Statutes, is created 527 to read: 528 1008.311 Transition education accountability system.— 529 (1) LEGISLATIVE FINDINGS.—The Legislature finds that: 530 (a) Public education is a critical component to this 531 state’s continued economic growth. 532 (b) This state has been a leader in the development and 533 implementation of a rigorous education accountability system. 534 This system is an important component to ensuring that students 535 are prepared for the world of work and postsecondary education 536 and is the foundation for an evaluation and performance pay 537 system for teachers and administrators and for the issuance of 538 school and district grades. 539 (c) One of the consequences of using a new statewide, 540 standardized assessment with the accompanying teacher evaluation 541 system and school grades is the outcry by parents and teachers 542 of too much testing. While testing is a critical component of 543 education and one way of measuring student learning, testing 544 should not define the system. 545 (d) This state’s accountability system continues to be in 546 transition with the implementation of new salary schedules for 547 teachers and performance pay for teachers and administrators; 548 the administration of a new statewide, standardized assessment 549 in spring 2015; and the issuance of school grades in fall 2015. 550 (e) The infrastructure of the accountability system is not 551 yet in place, including appropriate professional development, 552 availability of instructional materials tied to the standards, 553 availability and mastery of technology for students to be 554 successful on the new statewide assessment, and the capacity for 555 districts to administer the assessment. 556 (f) School districts have not had the resources or the 557 technical assistance necessary to develop valid and reliable 558 local assessments both to measure student performance and to 559 apply them as part of the teacher evaluation system. 560 (2) LEGISLATIVE INTENT.—Therefore, it is the intent of the 561 Legislature that: 562 (a) The transition to a new accountability system continue 563 by affording students, teachers, and school districts more time 564 to implement the various components of the accountability 565 system. 566 (b) The assessment requirements shall be refined to reduce 567 the number of required state and district assessments. 568 (c) The grade 11 statewide, standardized English Language 569 Arts assessment, including Writing, shall be eliminated since 570 the grade 10 assessment is the high school graduation 571 requirement. 572 (d) The PSAT, ACT, or SAT may be used in lieu of the common 573 placement test. 574 (e) The overall number of assessments shall be reduced by 575 modifying the teacher evaluation system. 576 (f) A new accountability system shall be implemented during 577 a 2-year transition period in order to ensure that the new 578 standards are thoroughly incorporated in all grades and subject 579 areas; that instructional materials are available and aligned to 580 the standards; that technology is available for instruction in, 581 and assessment on, the new standards; that teachers and 582 administrators receive sufficient professional development in 583 the new standards; and that the new assessment is aligned to the 584 new standards. Student performance on the new assessment shall 585 be reported and used to make decisions on graduation, promotion, 586 and retention. However, performance on the new assessment may 587 not be the sole determinant for graduation, promotion, or 588 retention. A new performance accountability system shall be in 589 place for the 2016-2017 school year. 590 (g) The school grading system shall be held in abeyance for 591 the 2014-2015 and 2015-2016 school years. However, student 592 performance on the new assessment and other statewide 593 assessments shall be reported to the public in a format that is 594 easily understood. Low-performing schools must continue to 595 receive additional focus and resources. 596 (h) The teacher evaluation system shall be modified to 597 reflect the implementation of the new performance accountability 598 system. The percentage of the evaluation based on student 599 performance shall be modified. Performance pay requirements may 600 be suspended, but school districts may continue or implement 601 performance pay systems that have been adopted. 602 Section 6. Paragraphs (b) and (c) of subsection (1), 603 paragraph (b) of subsection (3), and subsection (7) of section 604 1008.34, Florida Statutes, are amended to read: 605 1008.34 School grading system; school report cards; 606 district grade.— 607 (1) DEFINITIONS.—For purposes of the statewide, 608 standardized assessment program and school grading system, the 609 following terms are defined: 610 (b) “Learning Gains,” “annual learning gains,” or “student 611 learning gains” means the degree of student learninggrowth612 occurring from one school year to the next as required by state 613 board rule for purposes of calculating school grades under this 614 section. 615 (c) “Student performance,” “student academic performance,” 616 or “academic performance” includes, but is not limited to, 617 student learninggrowth, achievement levels, and Learning Gains 618 on statewide, standardized assessments administered pursuant to 619 s. 1008.22. 620 (3) DESIGNATION OF SCHOOL GRADES.— 621 (b)1. Beginning with the 2014-2015 school year, a school’s 622 grade shall be based on the following components, each worth 100 623 points: 624 a. The percentage of eligible students passing statewide, 625 standardized assessments in English Language Arts under s. 626 1008.22(3). 627 b. The percentage of eligible students passing statewide, 628 standardized assessments in mathematics under s. 1008.22(3). 629 c. The percentage of eligible students passing statewide, 630 standardized assessments in science under s. 1008.22(3). 631 d. The percentage of eligible students passing statewide, 632 standardized assessments in social studies under s. 1008.22(3). 633 e. The percentage of eligible students who make Learning 634 Gains in English Language Arts as measured by statewide, 635 standardized assessments administered under s. 1008.22(3). 636 f. The percentage of eligible students who make Learning 637 Gains in mathematics as measured by statewide, standardized 638 assessments administered under s. 1008.22(3). 639 g. The percentage of eligible students in the lowest 25 640 percent in English Language Arts, as identified by prior year 641 performance on statewide, standardized assessments, who make 642 Learning Gains as measured by statewide, standardized English 643 Language Arts assessments administered under s. 1008.22(3). 644 h. The percentage of eligible students in the lowest 25 645 percent in mathematics, as identified by prior year performance 646 on statewide, standardized assessments, who make Learning Gains 647 as measured by statewide, standardized Mathematics assessments 648 administered under s. 1008.22(3). 649 i. For schools comprised of middle grades 6 through 8 or 650 grades 7 and 8, the percentage of eligible students passing high 651 school level statewide, standardized end-of-course assessments 652 or attaining national industry certifications identified in the 653 Industry Certification Funding List pursuant to rules adopted by 654 the State Board of Education. 655 656 In calculating Learning Gains for the components listed in sub 657 subparagraphs e.-h., the State Board of Education shall require 658 that learninggrowthtoward achievement levels 3, 4, and 5 is 659 demonstrated by students who scored below each of those levels 660 in the prior year. In calculating the components in sub 661 subparagraphs a.-d., the state board shall include the 662 performance of English language learners only if they have been 663 enrolled in a school in the United States for more than 2 years. 664 2. For a school comprised of grades 9, 10, 11, and 12, or 665 grades 10, 11, and 12, the school’s grade shall also be based on 666 the following components, each worth 100 points: 667 a. The 4-year high school graduation rate of the school as 668 defined by state board rule. 669 b. The percentage of students who were eligible to earn 670 college and career credit through College Board Advanced 671 Placement examinations, International Baccalaureate 672 examinations, dual enrollment courses, or Advanced International 673 Certificate of Education examinations; or who, at any time 674 during high school, earned national industry certification 675 identified in the Industry Certification Funding List, pursuant 676 to rules adopted by the state board. 677 (7) TRANSITION.—School grades and school improvement 678 ratings pursuant to s. 1008.341 shall be held in abeyance for 679 the 2014-2015 and 2015-2016 school years. Performance on the new 680 statewide, standardized assessments administered pursuant to s. 681 1008.22 shall serve as an informational baseline for diagnostic 682 purposes in working toward improved performance in future years. 683 School grades and school improvement ratings pursuant to s. 684 1008.341 for the 2013-2014 school year shall be calculated based 685 on statutes and rules in effect on June 30, 2014.To assist in686the transition to 2014-2015 school grades, calculated based on687new statewide, standardized assessments administered pursuant to688s. 1008.22, the 2014-2015 school grades shall serve as an689informational baseline for schools to work toward improved690performance in future years.Accordingly, notwithstanding any 691 other provision of law: 692 (a) A school may not be required to select and implement a 693 turnaround option pursuant to s. 1008.33 in the 2015-2016 or 694 2016-2017 school yearschool year based on the school’s 20146952015 grade or school improvement rating under s. 1008.341, as696applicable. 697 (b)1. A school or approved provider under s. 1002.45that698receives the same or a lower school grade or school improvement699rating for the 2014-2015 school year compared to the 2013-2014700school yearis not subject to sanctions or penalties that would 701 otherwise occur as a result of the 2014-2015 or 2015-2016 school 702 grades or ratingsgrade or rating. A charter school system or a 703 school district designated as high performing may not lose the 704 designation due to the school grades being held in abeyance for 705 the 2014-2015 and 2015-2016 school years forbased on the 20147062015 school grades ofany of the schools within the charter 707 school system or school district, as applicable. 708 2. The Commissioner of Education may reduce or eliminate 709 intervention and support services required pursuant to s. 710 1008.33 for the 2015-2016 and 2016-2017 school years, based upon 711 quantifiable increases in student performance for a school or 712 approved provider under s. 1002.45. 713 3.2.The Florida School Recognition Program established 714 under s. 1008.36 shall continue to be implemented as otherwise 715 provided in the General Appropriations Act. 716 (c) For purposes of determining grade 3 retention pursuant 717 to s. 1008.25(5) and high school graduation pursuant to s. 718 1003.4282, student performance on the 2014-2015 statewide, 719 standardized assessments shall be linked to 2013-2014 student 720 performance expectations. School districts may also use other 721 quantifiable measures of student performance or concordant 722 scores on approved examinations for purposes of determining 723 grade 3 retention pursuant to s. 1008.25(5) and high school 724 graduation pursuant to s. 1003.4282. 725 726This subsection is repealed July 1, 2017.727 Section 7. Subsection (1), paragraphs (a), (b), and (c) of 728 subsection (5), and paragraph (d) of subsection (6) of section 729 1008.345, Florida Statutes, are amended to read: 730 1008.345 Implementation of state system of school 731 improvement and education accountability.— 732 (1) The Commissioner of Education is responsible for 733 implementing and maintaining a system of intensive school 734 improvement and stringent education accountability and must 735 continue to do so during the transition period for implementing 736 the new performance accountability system pursuant to s. 737 1008.31(1). The system of intensive school improvement and 738 stringent education accountability must, which shallinclude 739 policies and programs to implement the following: 740 (a) A system of data collection and analysis that will 741 improve information about the educational success of individual 742 students and schools, including schools operating for the 743 purpose of providing educational services to youth in Department 744 of Juvenile Justice programs. The information and analyses must 745 be capable of identifying educational programs or activities in 746 need of improvement, and reports prepared pursuant to this 747 paragraph shall be distributed to the appropriate district 748 school boards prior to distribution to the general public. This 749 provision shall not preclude access to public records as 750 provided in chapter 119. 751 (b) A program of school improvement that will analyze 752 information to identify schools, including schools operating for 753 the purpose of providing educational services to youth in 754 Department of Juvenile Justice programs, educational programs, 755 or educational activities in need of improvement. 756 (c) A method of delivering services to assist school 757 districts and schools to improve, including schools operating 758 for the purpose of providing educational services to youth in 759 Department of Juvenile Justice programs. 760 (d) A method of coordinating with the state educational 761 goals and school improvement plans any other state program that 762 creates incentives for school improvement. 763 (5) The commissioner shall report to the Legislature and 764 recommend changes in state policy necessary to foster school 765 improvement and education accountability. The report shall 766 include: 767 (a) For each school district: 768 1. The percentage of students, by school and grade level, 769 demonstrating learninggrowthin English Language Arts and 770 mathematics. 771 2. The percentage of students, by school and grade level, 772 in both the highest and lowest quartiles demonstrating learning 773growthin English Language Arts and mathematics. 774 (b) Intervention and support strategies used by school 775 boards whose students in both the highest and lowest quartiles 776 exceed the statewide average learninggrowthfor students in 777 those quartiles. 778 (c) Intervention and support strategies used by school 779 boards whose schools provide educational services to youth in 780 Department of Juvenile Justice programs that demonstrate 781 learninggrowthin English Language Arts and mathematics that 782 exceeds the statewide average learninggrowthfor students in 783 those subjects. 784 785 School reports shall be distributed pursuant to this subsection 786 and s. 1001.42(18)(c) and according to rules adopted by the 787 State Board of Education. 788 (6) 789 (d) The commissioner shall assign a community assessment 790 team to each school district or governing board with a school 791 that earned a grade of “F” or three consecutive grades of “D” 792 pursuant to s. 1008.34 or that is determined to be low 793 performing by the commissioner during the transition period for 794 implementing the new performance accountability system under s. 795 1008.31(1) to review the school performance data and determine 796 causes for the low performance, including the role of school, 797 area, and district administrative personnel. The community 798 assessment team shall review a high school’s graduation rate 799 calculated without high school equivalency diploma recipients 800 for the past 3 years, disaggregated by student ethnicity. The 801 team shall make recommendations to the school board or the 802 governing board and to the State Board of Education which 803 address the causes of the school’s low performance and may be 804 incorporated into the school improvement plan. The assessment 805 team shall include, but not be limited to, a department 806 representative, parents, business representatives, educators, 807 representatives of local governments, and community activists, 808 and shall represent the demographics of the community from which 809 they are appointed. 810 Section 8. Paragraphs (a) and (b) of subsection (2) of 811 section 1008.385, Florida Statutes, are amended to read: 812 1008.385 Educational planning and information systems.— 813 (2) COMPREHENSIVE MANAGEMENT INFORMATION SYSTEMS.—The 814 Commissioner of Education shall develop and implement an 815 integrated information system for educational management. The 816 system must be designed to collect, via electronic transfer, all 817 student and school performance data required to ascertain the 818 degree to which schools and school districts are meeting state 819 performance standards, and must be capable of producing data for 820 a comprehensive annual report on school and district 821 performance. In addition, the system shall support, as feasible, 822 the management decisions to be made in each division of the 823 department and at the individual school and district levels. 824 Similar data elements among divisions and levels shall be 825 compatible. The system shall be based on an overall conceptual 826 design; the information needed for such decisions, including 827 fiscal, student, program, personnel, facility, community, 828 evaluation, and other relevant data; and the relationship 829 between cost and effectiveness. The system shall be managed and 830 administered by the commissioner and shall include a district 831 subsystem component to be administered at the district level, 832 with input from the reports-and-forms control management 833 committees. Each district school system with a unique management 834 information system shall assure that compatibility exists 835 between its unique system and the district component of the 836 state system so that all data required as input to the state 837 system is made available via electronic transfer and in the 838 appropriate input format. 839 (a) The specific responsibilities of the commissioner shall 840 include: 841 1. Consulting with school district representatives in the 842 development of the system design model and implementation plans 843 for the management information system for public school 844 education management; 845 2. Providing operational definitions for the proposed 846 system, including criteria for issuing and revoking master 847 school identification numbers to support the maintenance of 848 education records, to enforce and support education 849 accountability, to support the distribution of funds to school 850 districts, to support the preparation and analysis of school 851 district financial reports, and to assist the commissioner in 852 carrying out the duties specified in ss. 1001.10 and 1001.11; 853 3. Determining the information and specific data elements 854 required for the management decisions made at each educational 855 level, recognizing that the primary unit for information input 856 is the individual school and recognizing that time and effort of 857 instructional personnel expended in collection and compilation 858 of data should be minimized; 859 4. Developing standardized terminology and procedures to be 860 followed at all levels of the system; 861 5. Developing a standard transmittal format to be used for 862 collection of data from the various levels of the system; 863 6. Developing appropriate computer programs to assure 864 integration of the various information components dealing with 865 students, personnel, facilities, fiscal, program, community, and 866 evaluation data; 867 7. Developing the necessary programs to provide statistical 868 analysis of the integrated data provided in subparagraph 6. in 869 such a way that required reports may be disseminated, 870 comparisons may be made, and relationships may be determined in 871 order to provide the necessary information for making management 872 decisions at all levels; 873 8. Developing output report formats which will provide 874 district school systems with information for making management 875 decisions at the various educational levels; 876 9. Developing a phased plan for distributing computer 877 services equitably among all public schools and school districts 878 in the state as rapidly as possible. The plan shall describe 879 alternatives available to the state in providing such computing 880 services and shall contain estimates of the cost of each 881 alternative, together with a recommendation for action. In 882 developing the plan, the feasibility of shared use of computing 883 hardware and software by school districts, Florida College 884 System institutions, and universities shall be examined. Laws or 885 administrative rules regulating procurement of data processing 886 equipment, communication services, or data processing services 887 by state agencies shall not be construed to apply to local 888 agencies which share computing facilities with state agencies; 889 10. Assisting the district school systems in establishing 890 their subsystem components and assuring compatibility with 891 current district systems; 892 11. Establishing procedures for continuous evaluation of 893 system efficiency and effectiveness; 894 12. Initiating a reports-management and forms-management 895 system to ascertain that duplication in collection of data does 896 not exist and that forms and reports for reporting under state 897 and federal requirements and other forms and reports are 898 prepared in a logical and uncomplicated format, resulting in a 899 reduction in the number and complexity of required reports, 900 particularly at the school level;and901 13. Publishing minimum recommended technology requirements 902 that include specifications for hardware, software, networking, 903 security, and broadband capacity to facilitate all school 904 districts’ compliance with the requirement that assessments be 905 administered online. Full implementation of online assessments 906 for the statewide standards in English Language Arts and 907 mathematics adopted pursuant to s. 1003.41 for all K-12 public 908 school students shall occur only after the technology 909 infrastructure, connectivity, and capacity of all public schools 910 and school districts are load tested, independently verified, 911 and certified by the district school superintendents as ready 912 for successful deployment and implementation. If a district 913 school superintendent certifies that the school district or 914 schools within that district are not ready, the commissioner 915 shall provide an alternative, nonelectronic option to the school 916 district for the successful and timely administration of 917 assessments and the reporting of such assessment results to the 918 department. The commissioner shall submit a report on the 919 implementation of the technology requirements by school 920 districts, including any implementation and funding issues 921 reported by district school superintendents, to the Governor, 922 the President of the Senate, and the Speaker of the House of 923 Representatives by January 15 of each year; 924 14. Providing a nonelectronic option for the administration 925 of the new ELA statewide, standardized assessment, including the 926 Writing component, and the Mathematics statewide, standardized 927 assessment until the 2016-2017 school year in order to ensure 928 that students have the word processing and computer skills to 929 take the new statewide, standardized assessments and districts 930 have the capacity to administer the assessments as online 931 assessments; 932 15. Recommending annually to the State Board of Education, 933 the Governor, the President of the Senate, and the Speaker of 934 the House of Representatives the level of funding needed by 935 school districts to implement and maintain technology 936 requirements based upon the technology plans submitted and 937 updated annually by school districts; and 938 16.13.Initiating such other actions as are necessary to 939 carry out the intent of the Legislature that a management 940 information system for public school management needs be 941 implemented. Such other actions shall be based on criteria 942 including, but not limited to: 943 a. The purpose of the reporting requirement; 944 b. The origination of the reporting requirement; 945 c. The date of origin of the reporting requirement; and 946 d. The date of repeal of the reporting requirement. 947 (b) The specific responsibilities of each district school 948 system shall include: 949 1. Establishing, at the district level, a reports-control 950 and forms-control management system committee composed of school 951 administrators and classroom teachers. The district school board 952 shall appoint school administrator members and classroom teacher 953 members or, in school districts where appropriate, the classroom 954 teacher members shall be appointed by the bargaining agent. 955 Teachers shall constitute a majority of the committee 956 membership. The committee shall periodically recommend 957 procedures to the district school board for eliminating, 958 reducing, revising, and consolidating paperwork and data 959 collection requirements and shall submit to the district school 960 board an annual report of its findings. 961 2. With assistance from the commissioner, developing 962 systems compatibility between the state management information 963 system and unique local systems. 964 3. Providing, with the assistance of the department, 965 inservice training dealing with management information system 966 purposes and scope, a method of transmitting input data, and the 967 use of output report information. 968 4. Establishing a plan for continuous review and evaluation 969 of local management information system needs and procedures. 970 5. Advising the commissioner of all district management 971 information needs. 972 6. Transmitting required data input elements to the 973 appropriate processing locations in accordance with guidelines 974 established by the commissioner. 975 7. Determining required reports, comparisons, and 976 relationships to be provided to district school systems by the 977 system output reports, continuously reviewing these reports for 978 usefulness and meaningfulness, and submitting recommended 979 additions, deletions, and change requirements in accordance with 980 the guidelines established by the commissioner. 981 8. Being responsible for the accuracy of all data elements 982 transmitted to the department. 983 9. Implementing the technology requirements for 984 administering assessments online. Each district school 985 superintendent shall submit a report to the commissioner which 986 specifies whether the school district is in compliance with the 987 technology requirements, outstanding implementation issues, and 988 funding requirements to implement and maintain the technology 989 requirements for instruction and administration of all 990 assessments. If a district school superintendent certifies that 991 the school district or schools within that district do not have 992 the required technology to administer the assessment, the 993 commissioner shall provide an alternative, nonelectronic option 994 to the school district for the successful and timely 995 administration of assessments and the reporting of such 996 assessment results to the department. 997 Section 9. Paragraph (a) of subsection (2), paragraph (a) 998 of subsection (3), and subsections (7) through (10) of section 999 1012.34, Florida Statutes, are amended to read: 1000 1012.34 Personnel evaluation procedures and criteria.— 1001 (2) EVALUATION SYSTEM REQUIREMENTS.—The evaluation systems 1002 for instructional personnel and school administrators must: 1003 (a) Be designed to support effective instruction and 1004 student learninggrowth, and performance evaluation results must 1005 be used when developing district and school level improvement 1006 plans. 1007 1008 In addition, each district school board may establish a peer 1009 assistance process. This process may be a part of the regular 1010 evaluation system or used to assist employees placed on 1011 performance probation, newly hired classroom teachers, or 1012 employees who request assistance. 1013 (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional 1014 personnel and school administrator performance evaluations must 1015 be based upon the performance of students assigned to their 1016 classrooms or schools, as provided in this section. Pursuant to 1017 this section, a school district’s performance evaluation is not 1018 limited to basing unsatisfactory performance of instructional 1019 personnel and school administrators solely upon student 1020 performance, but may include other criteria approved to evaluate 1021 instructional personnel and school administrators’ performance, 1022 or any combination of student performance and other approved 1023 criteria. Evaluation procedures and criteria must comply with, 1024 but are not limited to, the following: 1025 (a) A performance evaluation must be conducted for each 1026 employee at least once a year, except that a classroom teacher, 1027 as defined in s. 1012.01(2)(a), excluding substitute teachers, 1028 who is newly hired by the district school board must be observed 1029 and evaluated at least twice in the first year of teaching in 1030 the school district. The performance evaluation must be based 1031 upon sound educational principles and contemporary research in 1032 effective educational practices. The evaluation criteria must 1033 include: 1034 1. Performance of students.—ThirtyAt least 50percent of a 1035 performance evaluation must be based upon data and indicators of 1036 student learninggrowthassessed annually by statewide 1037 assessments or, for subjects and grade levels not measured by 1038 statewide assessments, by school district assessments as 1039 provided in s. 1008.22(6). School districts may use more than 1040 one assessment listed in s. 1008.22(6) to meet the 30 percent 1041 requirement for subjects and grade levels not measured by 1042 statewide assessmentsEach school district must use the formula1043adopted pursuant to paragraph (7)(a) for measuring student1044learning growth in all courses associated with statewide1045assessments and must select an equally appropriate formula for1046measuring student learning growth for all other grades and1047subjects, except as otherwise provided in subsection (7). 1048a. For classroom teachers, as defined in s. 1012.01(2)(a),1049excluding substitute teachers, the student learning growth1050portion of the evaluation must include growth data for students1051assigned to the teacher over the course of at least 3 years. If1052less than 3 years of data are available, the years for which1053data are available must be used and the percentage of the1054evaluation based upon student learning growth may be reduced to1055not less than 40 percent.1056b. For instructional personnel who are not classroom1057teachers, the student learning growth portion of the evaluation1058must include growth data on statewide assessments for students1059assigned to the instructional personnel over the course of at1060least 3 years, or may include a combination of student learning1061growth data and other measurable student outcomes that are1062specific to the assigned position, provided that the student1063learning growth data accounts for not less than 30 percent of1064the evaluation. If less than 3 years of student growth data are1065available, the years for which data are available must be used1066and the percentage of the evaluation based upon student learning1067growth may be reduced to not less than 20 percent.1068c. For school administrators, the student learning growth1069portion of the evaluation must include growth data for students1070assigned to the school over the course of at least 3 years. If1071less than 3 years of data are available, the years for which1072data are available must be used and the percentage of the1073evaluation based upon student learning growth may be reduced to1074not less than 40 percent.1075 2. Instructional practice.—Evaluation criteria used when 1076 annually observing classroom teachers, as defined in s. 1077 1012.01(2)(a), excluding substitute teachers, must include 1078 indicators based upon each of the Florida Educator Accomplished 1079 Practices adopted by the State Board of Education. For 1080 instructional personnel who are not classroom teachers, 1081 evaluation criteria must be based upon indicators of the Florida 1082 Educator Accomplished Practices and may include specific job 1083 expectations related to student support. 1084 3. Instructional leadership.—For school administrators, 1085 evaluation criteria must include indicators based upon each of 1086 the leadership standards adopted by the State Board of Education 1087 under s. 1012.986, including performance measures related to the 1088 effectiveness of classroom teachers in the school, the 1089 administrator’s appropriate use of evaluation criteria and 1090 procedures, recruitment and retention of effective and highly 1091 effective classroom teachers, improvement in the percentage of 1092 instructional personnel evaluated at the highly effective or 1093 effective level, and other leadership practices that result in 1094 student learninggrowth. The system may include a means to give 1095 parents and instructional personnel an opportunity to provide 1096 input into the administrator’s performance evaluation. 1097 4. Professional and job responsibilities.—For instructional 1098 personnel and school administrators, other professional and job 1099 responsibilities must be included as adopted by the State Board 1100 of Education. The district school board may identify additional 1101 professional and job responsibilities. 1102 (7) MEASUREMENT OF STUDENT LEARNINGGROWTH.— 1103 (a) The Commissioner of Education mayshallapprove a 1104 formula to measure individual student learninggrowthon the 1105 statewide, standardized assessments in English Language Arts and 1106 mathematics administered under s. 1008.22. The formula must take 1107 into consideration each student’s prior academic performance. 1108 The formula must not set different expectations for student 1109 learninggrowthbased upon a student’s gender, race, ethnicity, 1110 or socioeconomic status. In the development of the formula, the 1111 commissioner shall consider other factors such as a student’s 1112 attendance record, disability status, or status as an English 1113 language learner. The commissioner shall select additional 1114 formulas as appropriate for the remainder of the statewide 1115 assessments included under s. 1008.22 and continue to select 1116 formulas as new assessments are implemented in the state system. 1117 After the commissioner approves the formula to measure 1118 individual student learninggrowth, the State Board of Education 1119 shall adopt these formulas in rule. 1120 (b) Each school district mayshallmeasure student learning 1121growthusing the formulas approved by the commissioner under 1122 paragraph (a) for courses associated with the statewide, 1123 standardized assessments administered under s. 1008.22 no later 1124 than the school year immediately following the year the formula 1125 is approved by the commissioner. For grades and subjects not 1126 assessed by statewide, standardized assessments but otherwise 1127 assessed as required under s. 1008.22(6), each school district 1128 mayshallmeasure performance of students using a methodology 1129 determined by the district. The department shall provide models 1130 for measuring performance of students which school districts may 1131 adopt. 1132 (c) For a course that is not measured by a statewide, 1133 standardized assessment, a school district mayrequest, through1134the evaluation system approval process, touse a student’s 1135 achievement level rather than student learninggrowthif 1136 achievement is demonstrated to be a more appropriate measure of 1137 classroom teacher performance and is to be used as part of such 1138 evaluation. A school district may alsorequest touse a 1139 combination of student learninggrowthand achievement, if 1140 appropriate. 1141 (d) For a course that is not measured by a statewide, 1142 standardized assessment, a school district may providerequest,1143through the evaluation system approval process,that the 1144 performance evaluation, if applicable, for the classroom teacher 1145 assigned to that course include the learninggrowthof his or 1146 her students on one or more of the assessments listed in s. 1147 1008.22(6)statewide, standardized assessments.The request must1148clearly explain the rationale supporting the request.1149 (e) For purposes of this sectionand only for the 2014-20151150school year, a school district may use measurable learning 1151 targets on local assessments administered under s. 1008.22(6) to 1152 evaluate the performance of students portion of a classroom 1153 teacher’s evaluation, if applicable, for courses that are not 1154 assessed by statewide, standardized assessments. Learning 1155 targets must be approved by the school principal. A district 1156 school superintendent may assign to instructional personnel in 1157 an instructional team the student learninggrowthof the 1158 instructional team’s students on statewide, standardized 1159 assessments.This paragraph expires July 1, 2015.1160 (8) RULEMAKING.—The State Board of Education shall adopt 1161 rules pursuant to ss. 120.536(1) and 120.54 which establish 1162 uniform procedures for the submission, review, and approval of 1163 district evaluation systems and reporting requirements for the 1164 annual evaluation of instructional personnel and school 1165 administrators; specific, discrete standards for each1166performance level required under subsection (2) to ensure clear1167and sufficient differentiation in the performance levels and to1168provide consistency in meaning across school districts; the1169measurement of student learning growth and associated1170implementation procedures required under subsection (7); and a1171process for monitoring school district implementation of1172evaluation systems in accordance with this section.1173Specifically, the rules shall establish student performance1174levels that if not met will result in the employee receiving an1175unsatisfactory performance evaluation rating. In like manner, 1176 the rules shall establish a student performance level that must 1177 be met in order for an employee to receive a highly effective 1178 rating and a student learninggrowthstandard that must be met 1179 in order for an employee to receive an effective rating. 1180 (9) TRANSITION TO NEW STATEWIDE, STANDARDIZED ASSESSMENTS. 1181 Standards for each performance level required under subsection 1182 (2) shall be established by the State Board of Education after 1183 the administration of the statewide, standardized assessment in 1184 spring 2016. The standards for each performance level must be 1185 implemented before the administration of the statewide, 1186 standardized assessment in spring 2017beginning with the 201511872016 school year. 1188 (10) DISTRICT BONUS REWARDS FOR PERFORMANCE PAY BASED ON 1189 EVALUATION PROGRESS.—School districts are eligible for bonus 1190 rewards as provided for in the2014General Appropriations Act 1191 for making outstanding progress toward educator effectiveness, 1192 including implementation of instructional personnel salaries 1193 based on performance results under s. 1012.34 and the use of 1194 local assessment results in personnel evaluations when 1195 statewide, standardized assessments are not administered. 1196 Section 10. Section 1012.3401, Florida Statutes, is amended 1197 to read: 1198 1012.3401 Requirements for measuring student performance in 1199 instructional personnel and school administrator performance 1200 evaluations; performance evaluation of personnel for purposes of 1201 performance salary schedule.—Notwithstanding any provision to 1202 the contrary in ss. 1012.22 and 1012.34 regarding the 1203 performance salary schedule and personnel evaluation procedures 1204 and criteria: 1205 (1) ThirtyAt least 50percent of a classroom teacher’s or 1206 school administrator’s performance evaluation,or 40 percent if1207less than 3 years of student performance data are available,1208 shall be based upon learninggrowthor achievement of a 1209 significant number of the teacher’s students for which a valid 1210 evaluation may be attained or, for a school administrator, the 1211 students attending that school; the remaining portion shall be 1212 based upon factors identified in district-determined, state 1213 approved evaluation system plans.Student achievement measures1214for courses associated with statewide assessments may be used1215only if a statewide growth formula has not been approved for1216that assessment or, for courses associated with school district1217assessments, if achievement is demonstrated to be a more1218appropriate measure of teacher performance.1219 (2) The student performance data used in the performance 1220 evaluation of nonclassroom instructional personnel shall be 1221 based on student outcome data that reflects the actual 1222 contribution of such personnel to the performance of the 1223 students assigned to the individual in the individual’s areas of 1224 responsibility. 1225 (3) For purposes of the performance salary schedule in s. 1226 1012.22, the student assessment data in the performance 1227 evaluation must be from thestatewideassessmentsor district1228determined assessmentsas required in s. 1008.22(6) in the 1229 subject areas taught. 1230 Section 11. Subsection (10) of section 1001.03, Florida 1231 Statutes, is amended to read: 1232 1001.03 Specific powers of State Board of Education.— 1233 (10)COMMON PLACEMENTTESTING FOR PUBLIC POSTSECONDARY 1234 EDUCATION.—The State Board of Education, in conjunction with the 1235 Board of Governors, shall develop and implement acommon1236placementtest to assess the basic computation and communication 1237 skills of students who intend to enter a degree program at any 1238 Florida College System institution or state university. 1239 Section 12. Paragraph (d) of subsection (2) of section 1240 1002.451, Florida Statutes, is amended to read: 1241 1002.451 District innovation school of technology program.— 1242 (2) GUIDING PRINCIPLES.—An innovation school of technology 1243 shall be guided by the following principles: 1244 (d) Measure student performance based on student learning 1245growth, or based on student achievement if student learning 1246growthcannot be measured. 1247 Section 13. Paragraph (d) of subsection (2), paragraph (a) 1248 of subsection (4), and paragraphs (a) and (b) of subsection (5) 1249 of section 1004.04, Florida Statutes, are amended to read: 1250 1004.04 Public accountability and state approval for 1251 teacher preparation programs.— 1252 (2) UNIFORM CORE CURRICULA AND CANDIDATE ASSESSMENT.— 1253 (d) Before program completion, each candidate must 1254 demonstrate his or her ability to positively impact student 1255 learninggrowthin the candidate’s area or areas of program 1256 concentration during a prekindergarten through grade 12 field 1257 experience and must pass each portion of the Florida Teacher 1258 Certification Examination required for a professional 1259 certificate in the area or areas of program concentration. 1260 (4) CONTINUED PROGRAM APPROVAL.—Continued approval of a 1261 teacher preparation program shall be based upon evidence that 1262 the program continues to implement the requirements for initial 1263 approval and upon significant, objective, and quantifiable 1264 measures of the program and the performance of the program 1265 completers. 1266 (a) The criteria for continued approval must include each 1267 of the following: 1268 1. Documentation from the program that each program 1269 candidate met the admission requirements provided in subsection 1270 (3). 1271 2. Documentation from the program that the program and each 1272 program completer have met the requirements provided in 1273 subsection (2). 1274 3. Evidence of performance in each of the following areas: 1275 a. Placement rate of program completers into instructional 1276 positions in Florida public schools and private schools, if 1277 available. 1278 b. Rate of retention for employed program completers in 1279 instructional positions in Florida public schools. 1280 c. Performance of students in prekindergarten through grade 1281 12 who are assigned to in-field program completers on statewide 1282 assessments using the results of the student learninggrowth1283 formula adopted under s. 1012.34. 1284 d. Performance of students in prekindergarten through grade 1285 12 who are assigned to in-field program completers aggregated by 1286 student subgroup, as defined in the federal Elementary and 1287 Secondary Education Act (ESEA), 20 U.S.C. s. 1288 6311(b)(2)(C)(v)(II), as a measure of how well the program 1289 prepares teachers to work with a diverse population of students 1290 in a variety of settings in Florida public schools. 1291 e. Results of program completers’ annual evaluations in 1292 accordance with the timeline as set forth in s. 1012.34. 1293 f. Production of program completers in statewide critical 1294 teacher shortage areas as identified in s. 1012.07. 1295 (5) PRESERVICE FIELD EXPERIENCE.—All postsecondary 1296 instructors, school district personnel and instructional 1297 personnel, and school sites preparing instructional personnel 1298 through preservice field experience courses and internships 1299 shall meet special requirements. District school boards may pay 1300 student teachers during their internships. 1301 (a) All individuals in postsecondary teacher preparation 1302 programs who instruct or supervise preservice field experience 1303 courses or internships in which a candidate demonstrates his or 1304 her impact on student learninggrowthshall have the following: 1305 specialized training in clinical supervision; at least 3 years 1306 of successful, relevant prekindergarten through grade 12 1307 teaching, student services, or school administration experience; 1308 and an annual demonstration of experience in a relevant 1309 prekindergarten through grade 12 school setting as defined by 1310 State Board of Education rule. 1311 (b)1. All school district personnel and instructional 1312 personnel who supervise or direct teacher preparation students 1313 during field experience courses or internships taking place in 1314 this state in which candidates demonstrate an impact on student 1315 learninggrowthmust have evidence of “clinical educator” 1316 training, a valid professional certificate issued pursuant to s. 1317 1012.56, and at least 3 years of teaching experience in 1318 prekindergarten through grade 12 and must have earned an 1319 effective or highly effective rating on the prior year’s 1320 performance evaluation under s. 1012.34 or be a peer evaluator 1321 under the district’s evaluation system approved under s. 1322 1012.34. The State Board of Education shall approve the training 1323 requirements. 1324 2. All instructional personnel who supervise or direct 1325 teacher preparation students during field experience courses or 1326 internships in another state, in which a candidate demonstrates 1327 his or her impact on student learninggrowth, through a Florida 1328 online or distance program must have received “clinical 1329 educator” training or its equivalent in that state, hold a valid 1330 professional certificate issued by the state in which the field 1331 experience takes place, and have at least 3 years of teaching 1332 experience in prekindergarten through grade 12. 1333 3. All instructional personnel who supervise or direct 1334 teacher preparation students during field experience courses or 1335 internships, in which a candidate demonstrates his or her impact 1336 on student learninggrowth, on a United States military base in 1337 another country through a Florida online or distance program 1338 must have received “clinical educator” training or its 1339 equivalent, hold a valid professional certificate issued by the 1340 United States Department of Defense or a state or territory of 1341 the United States, and have at least 3 years teaching experience 1342 in prekindergarten through grade 12. 1343 Section 14. Paragraph (b) of subsection (3), paragraph (b) 1344 of subsection (4), and subsection (6) of section 1004.85, 1345 Florida Statutes, are amended to read: 1346 1004.85 Postsecondary educator preparation institutes.— 1347 (3) Educator preparation institutes approved pursuant to 1348 this section may offer competency-based certification programs 1349 specifically designed for noneducation major baccalaureate 1350 degree holders to enable program participants to meet the 1351 educator certification requirements of s. 1012.56. An educator 1352 preparation institute choosing to offer a competency-based 1353 certification program pursuant to the provisions of this section 1354 must implement a program previously approved by the Department 1355 of Education for this purpose or a program developed by the 1356 institute and approved by the department for this purpose. 1357 Approved programs shall be available for use by other approved 1358 educator preparation institutes. 1359 (b) Each program participant must: 1360 1. Meet certification requirements pursuant to s. 1361 1012.56(1) by obtaining a statement of status of eligibility in 1362 the certification subject area of the educational plan and meet 1363 the requirements of s. 1012.56(2)(a)-(f). 1364 2. Participate in coursework and field experiences that are 1365 appropriate to his or her educational plan prepared under 1366 paragraph (a). 1367 3. Before completion of the program, fully demonstrate his 1368 or her ability to teach the subject area for which he or she is 1369 seeking certification by documenting a positive impact on 1370 student learninggrowthin a prekindergarten through grade 12 1371 setting and achieving a passing score on the professional 1372 education competency examination, the basic skills examination, 1373 and the subject area examination for the subject area 1374 certification which is required by state board rule. 1375 (4) Continued approval of each program approved pursuant to 1376 this section shall be determined by the Commissioner of 1377 Education based upon a periodic review of the following areas: 1378 (b) Evidence of performance in each of the following areas: 1379 1. Placement rate of program completers into instructional 1380 positions in Florida public schools and private schools, if 1381 available. 1382 2. Rate of retention for employed program completers in 1383 instructional positions in Florida public schools. 1384 3. Performance of students in prekindergarten through grade 1385 12 who are assigned to in-field program completers on statewide 1386 assessments using the results of the student learninggrowth1387 formula adopted under s. 1012.34. 1388 4. Performance of students in prekindergarten through grade 1389 12 who are assigned to in-field program completers aggregated by 1390 student subgroups, as defined in the federal Elementary and 1391 Secondary Education Act (ESEA), 20 U.S.C. s. 1392 6311(b)(2)(C)(v)(II), as a measure of how well the program 1393 prepares teachers to work with a diverse population of students 1394 in a variety of settings in Florida public schools. 1395 5. Results of program completers’ annual evaluations in 1396 accordance with the timeline as set forth in s. 1012.34. 1397 6. Production of program completers in statewide critical 1398 teacher shortage areas as identified in s. 1012.07. 1399 (6) Instructors and supervisors of field experiences in 1400 which participants demonstrate an impact on student learning 1401growthfor a certification program approved pursuant to this 1402 section must meet the same qualifications as those required in 1403 s. 1004.04(5). 1404 Section 15. Subsection (3) of section 1007.271, Florida 1405 Statutes, is amended to read: 1406 1007.271 Dual enrollment programs.— 1407 (3) Student eligibility requirements for initial enrollment 1408 in college credit dual enrollment courses must include a 3.0 1409 unweighted high school grade point average and the minimum score 1410 on acommon placementtest adopted by the State Board of 1411 Education which indicates that the student is ready for college 1412 level coursework. Student eligibility requirements for continued 1413 enrollment in college credit dual enrollment courses must 1414 include the maintenance of a 3.0 unweighted high school grade 1415 point average and the minimum postsecondary grade point average 1416 established by the postsecondary institution. Regardless of 1417 meeting student eligibility requirements for continued 1418 enrollment, a student may lose the opportunity to participate in 1419 a dual enrollment course if the student is disruptive to the 1420 learning process such that the progress of other students or the 1421 efficient administration of the course is hindered. Student 1422 eligibility requirements for initial and continued enrollment in 1423 career certificate dual enrollment courses must include a 2.0 1424 unweighted high school grade point average. Exceptions to the 1425 required grade point averages may be granted on an individual 1426 student basis if the educational entities agree and the terms of 1427 the agreement are contained within the dual enrollment 1428 articulation agreement established pursuant to subsection (21). 1429 Florida College System institution boards of trustees may 1430 establish additional initial student eligibility requirements, 1431 which shall be included in the dual enrollment articulation 1432 agreement, to ensure student readiness for postsecondary 1433 instruction. Additional requirements included in the agreement 1434 may not arbitrarily prohibit students who have demonstrated the 1435 ability to master advanced courses from participating in dual 1436 enrollment courses. 1437 Section 16. Subsection (2) of section 1008.37, Florida 1438 Statutes, is amended to read: 1439 1008.37 Postsecondary feedback of information to high 1440 schools.— 1441 (2) The Commissioner of Education shall report, by high 1442 school, to the State Board of Education, the Board of Governors, 1443 and the Legislature, no later than November 30 of each year, on 1444 the number of prior year Florida high school graduates who 1445 enrolled for the first time in public postsecondary education in 1446 this state during the previous summer, fall, or spring term, 1447 indicating the number of students whose scores on thecommon1448placementtest indicated the need for developmental education 1449 under s. 1008.30 or for applied academics for adult education 1450 under s. 1004.91. 1451 Section 17. Paragraph (c) of subsection (1) of section 1452 1012.22, Florida Statutes, is amended to read: 1453 1012.22 Public school personnel; powers and duties of the 1454 district school board.—The district school board shall: 1455 (1) Designate positions to be filled, prescribe 1456 qualifications for those positions, and provide for the 1457 appointment, compensation, promotion, suspension, and dismissal 1458 of employees as follows, subject to the requirements of this 1459 chapter: 1460 (c) Compensation and salary schedules.— 1461 1. Definitions.—As used in this paragraph, the term: 1462 a. “Adjustment” means an addition to the base salary 1463 schedule that is not a bonus and becomes part of the employee’s 1464 permanent base salary and shall be considered compensation under 1465 s. 121.021(22). 1466 b. “Grandfathered salary schedule” means the salary 1467 schedule or schedules adopted by a district school board before 1468 July 1, 2014, pursuant to subparagraph 4. 1469 c. “Instructional personnel” means instructional personnel 1470 as defined in s. 1012.01(2)(a)-(d), excluding substitute 1471 teachers. 1472 d. “Performance salary schedule” means the salary schedule 1473 or schedules adopted by a district school board pursuant to 1474 subparagraph 5. 1475 e. “Salary schedule” means the schedule or schedules used 1476 to provide the base salary for district school board personnel. 1477 f. “School administrator” means a school administrator as 1478 defined in s. 1012.01(3)(c). 1479 g. “Supplement” means an annual addition to the base salary 1480 for the term of the negotiated supplement as long as the 1481 employee continues his or her employment for the purpose of the 1482 supplement. A supplement does not become part of the employee’s 1483 continuing base salary but shall be considered compensation 1484 under s. 121.021(22). 1485 2. Cost-of-living adjustment.—A district school board may 1486 provide a cost-of-living salary adjustment if the adjustment: 1487 a. Does not discriminate among comparable classes of 1488 employees based upon the salary schedule under which they are 1489 compensated. 1490 b. Does not exceed 50 percent of the annual adjustment 1491 provided to instructional personnel rated as effective. 1492 3. Advanced degrees.—A district school board may not use 1493 advanced degrees in setting a salary schedule for instructional 1494 personnel or school administrators hired on or after July 1, 1495 2011, unless the advanced degree is held in the individual’s 1496 area of certification and is only a salary supplement. 1497 4. Grandfathered salary schedule.— 1498 a. The district school board shall adopt a salary schedule 1499 or salary schedules to be used as the basis for paying all 1500 school employees hired before July 1, 2014. Instructional 1501 personnel on annual contract as of July 1, 2014, shall be placed 1502 on the performance salary schedule adopted under subparagraph 5. 1503 Instructional personnel on continuing contract or professional 1504 service contract may opt into the performance salary schedule if 1505 the employee relinquishes such contract and agrees to be 1506 employed on an annual contract under s. 1012.335. Such an 1507 employee shall be placed on the performance salary schedule and 1508 may not return to continuing contract or professional service 1509 contract status. Any employee who opts into the performance 1510 salary schedule may not return to the grandfathered salary 1511 schedule. 1512 b. In determining the grandfathered salary schedule for 1513 instructional personnel, a district school board must base a 1514 portion of each employee’s compensation upon performance 1515 demonstrated under s. 1012.34 and shall provide differentiated 1516 pay for both instructional personnel and school administrators 1517 based upon district-determined factors, including, but not 1518 limited to, additional responsibilities, school demographics, 1519 critical shortage areas, and level of job performance 1520 difficulties. 1521 5. Performance salary schedule.—By July 1, 2014, the 1522 district school board shall adopt a performance salary schedule 1523 that provides annual salary adjustments for instructional 1524 personnel and school administrators based upon performance 1525 determined under s. 1012.34. Employees hired on or after July 1, 1526 2014, or employees who choose to move from the grandfathered 1527 salary schedule to the performance salary schedule shall be 1528 compensated pursuant to the performance salary schedule once 1529 they have received the appropriate performance evaluation for 1530 this purpose. However, a classroom teacher whose performance 1531 evaluation usesutilizesstudent learninggrowthmeasures 1532 established under s. 1012.34(7)(e) shall remain under the 1533 grandfathered salary schedule until his or her teaching 1534 assignment changes to a subject for which there is an assessment 1535 or the school district establishes equally appropriate measures 1536 of student learninggrowthas defined under s. 1012.34 and rules 1537 of the State Board of Education. 1538 a. Base salary.—The base salary shall be established as 1539 follows: 1540 (I) The base salary for instructional personnel or school 1541 administrators who opt into the performance salary schedule 1542 shall be the salary paid in the prior year, including 1543 adjustments only. 1544 (II) Beginning July 1, 2014, instructional personnel or 1545 school administrators new to the district, returning to the 1546 district after a break in service without an authorized leave of 1547 absence, or appointed for the first time to a position in the 1548 district in the capacity of instructional personnel or school 1549 administrator shall be placed on the performance salary 1550 schedule. 1551 b. Salary adjustments.—Salary adjustments for highly 1552 effective or effective performance shall be established as 1553 follows: 1554 (I) The annual salary adjustment under the performance 1555 salary schedule for an employee rated as highly effective must 1556 be greater than the highest annual salary adjustment available 1557 to an employee of the same classification through any other 1558 salary schedule adopted by the district. 1559 (II) The annual salary adjustment under the performance 1560 salary schedule for an employee rated as effective must be equal 1561 to at least 50 percent and no more than 75 percent of the annual 1562 adjustment provided for a highly effective employee of the same 1563 classification. 1564 (III) The performance salary schedule mayshallnot provide 1565 an annual salary adjustment for an employee who receives a 1566 rating other than highly effective or effective for the year. 1567 c. Salary supplements.—In addition to the salary 1568 adjustments, each district school board shall provide for salary 1569 supplements for activities that must include, but are not 1570 limited to: 1571 (I) Assignment to a Title I eligible school. 1572 (II) Assignment to a school that earned a grade of “F” or 1573 three consecutive grades of “D” pursuant to s. 1008.34 such that 1574 the supplement remains in force for at least 1 year following 1575 improved performance in that school. 1576 (III) Certification and teaching in critical teacher 1577 shortage areas. Statewide critical teacher shortage areas shall 1578 be identified by the State Board of Education under s. 1012.07. 1579 However, the district school board may identify other areas of 1580 critical shortage within the school district for purposes of 1581 this sub-sub-subparagraph and may remove areas identified by the 1582 state board which do not apply within the school district. 1583 (IV) Assignment of additional academic responsibilities. 1584 1585 If budget constraints in any given year limit a district school 1586 board’s ability to fully fund all adopted salary schedules, the 1587 performance salary schedule shall not be reduced on the basis of 1588 total cost or the value of individual awards in a manner that is 1589 proportionally greater than reductions to any other salary 1590 schedules adopted by the district. 1591 Section 18. Paragraph (b) of subsection (2) of section 1592 1012.341, Florida Statutes, is amended to read: 1593 1012.341 Exemption from performance evaluation system and 1594 compensation and salary schedule requirements.— 1595 (2) By October 1, 2014, and by October 1 annually 1596 thereafter, the superintendent of Hillsborough County School 1597 District shall attest, in writing, to the Commissioner of 1598 Education that: 1599 (b) The instructional personnel and school administrator 1600 evaluation systems adopt the Commissioner of Education’s student 1601 learninggrowthformula for statewide assessments as provided 1602 under s. 1012.34(7). 1603 1604 This section is repealed August 1, 2017, unless reviewed and 1605 reenacted by the Legislature. 1606 Section 19. Paragraph (c) of subsection (8) of section 1607 1012.56, Florida Statutes, is amended to read: 1608 1012.56 Educator certification requirements.— 1609 (8) PROFESSIONAL DEVELOPMENT CERTIFICATION AND EDUCATION 1610 COMPETENCY PROGRAM.— 1611 (c) The Commissioner of Education shall determine the 1612 continued approval of programs implemented under paragraph (a) 1613 based upon the department’s periodic review of the following: 1614 1. Evidence that the requirements in paragraph (a) are 1615 consistently met; and 1616 2. Evidence of performance in each of the following areas: 1617 a. Rate of retention for employed program completers in 1618 instructional positions in Florida public schools. 1619 b. Performance of students in prekindergarten through grade 1620 12 who are assigned to in-field program completers on statewide 1621 assessments using the results of the student learninggrowth1622 formula adopted under s. 1012.34. 1623 c. Performance of students in prekindergarten through grade 1624 12 who are assigned to in-field program completers aggregated by 1625 student subgroups, as defined in the federal Elementary and 1626 Secondary Education Act (ESEA), 20 U.S.C. s. 1627 6311(b)(2)(C)(v)(II), as a measure of how well the program 1628 prepares teachers to work with a variety of students in Florida 1629 public schools. 1630 d. Results of program completers’ annual evaluations in 1631 accordance with the timeline as set forth in s. 1012.34. 1632 e. Production of program completers in statewide critical 1633 teacher shortage areas as defined in s. 1012.07. 1634 Section 20. This act shall take effect upon becoming a law.