Bill Text: FL S0878 | 2013 | Regular Session | Engrossed
Bill Title: Education Accountability
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2013-05-03 - Died in Conference Committee, companion bill(s) passed, see CS/SB 1096 (Ch. 2013-35), SB 1500 (Ch. 2013-40), CS/CS/SB 1720 (Ch. 2013-51) [S0878 Detail]
Download: Florida-2013-S0878-Engrossed.html
CS for CS for SB 878 Second Engrossed (ntc) 2013878e2 1 A bill to be entitled 2 An act relating to education accountability; amending 3 s. 1002.22, F.S.; requiring the State Board of 4 Education to notify the Legislature of any major 5 changes in federal law which may affect the state’s K 6 20 education performance accountability system; 7 amending s. 1004.015, F.S.; providing that one of the 8 purposes of the Higher Education Coordinating Council 9 is to facilitate solutions to data issues identified 10 by the Articulation Coordinating Committee to improve 11 the K-20 education performance accountability system; 12 revising the guiding principles for recommendations of 13 the Higher Education Coordinating Council; amending s. 14 1005.22, F.S.; revising the duties of the Commission 15 for Independent Education with regard to collecting 16 and distributing current data regarding institutions 17 licensed by the commission; providing reporting 18 requirements; requiring the commission to annually 19 report the data to the department by a specified date; 20 amending s. 1007.01, F.S.; requiring the Articulation 21 Coordinating Committee to make recommendations related 22 to statewide policies and issues regarding access, 23 quality, and reporting of data maintained by the K-20 24 data warehouse; revising the committee’s duties 25 related to collecting and reporting of statewide 26 education data; amending s. 1008.31, F.S.; requiring 27 the Board of Governors to make available to the 28 Department of Education all data within the State 29 University Database System which is to be integrated 30 into the K-20 data warehouse; requiring the 31 Commissioner of Education to have access to certain 32 data for the added purpose of providing data to 33 organizations and certain authorized representatives; 34 requiring all public educational institutions to 35 annually provide data from the prior year to the K-20 36 data warehouse in a format based on data elements 37 identified by the commissioner; requiring colleges and 38 universities eligible to participate in the William L. 39 Boyd, IV, Florida Resident Access Grant Program to 40 report current data from the prior year for each 41 student who receives state funds in a format 42 prescribed by the Department of Education; providing 43 reporting requirements; requiring these colleges and 44 universities to annually report the data to the 45 department by a specified date; requiring the 46 commissioner to collaborate with the Department of 47 Economic Opportunity to develop procedures for the 48 ability to tie student-level data to student and 49 workforce outcome data; deleting a provision that 50 requires the commissioner to prepare a report that 51 assists the school districts in eliminating or 52 consolidating paperwork, data, and reports by 53 providing suggestions, technical assistance, and 54 guidance; requiring the commissioner to improve and 55 streamline by a specified date access to data 56 maintained by the K-20 data warehouse by creating and 57 fully implementing a web-based interface and a self 58 service, restricted access component of the K-20 data 59 warehouse called the “Research Engine”; providing 60 requirements for the Research Engine; providing 61 requirements for a written agreement to access the 62 Research Engine; providing termination of data access 63 privileges and an administrative penalty for violating 64 the written agreement; requiring the adoption of rules 65 and procedures; deleting a provision that requires the 66 commissioner to use existing data being collected to 67 reduce duplication and minimize paperwork; requiring 68 the Department of Education to share data with 69 organizations and authorized representatives pursuant 70 to the studies and audit and evaluation exceptions 71 under the Family Educational Rights and Privacy Act; 72 amending s. 1008.34, F.S.; revising provisions 73 relating to schools that are assigned school grades, 74 including colocated schools; amending s. 1008.341, 75 F.S.; revising provisions relating to alternative 76 schools that are assigned a school improvement rating; 77 revising the student data used in determining an 78 alternative school’s school improvement rating; 79 providing requirements for the content and 80 distribution of student report cards for alternative 81 schools; amending s. 1008.385, F.S.; requiring the 82 commissioner to provide information relating to master 83 school identification numbers for purposes of the 84 comprehensive management information system; providing 85 an effective date. 86 87 Be It Enacted by the Legislature of the State of Florida: 88 89 Section 1. Paragraph (b) of subsection (3) of section 90 1002.22, Florida Statutes, is amended to read: 91 1002.22 Education records and reports of K-12 students; 92 rights of parents and students; notification; penalty.— 93 (3) DUTIES AND RESPONSIBILITIES.—The State Board of 94 Education shall: 95 (b) Monitor the FERPA and notify the Legislature of any 96 significant change to the requirements of the FERPA or other 97 major changes in federal law which may impact this section or s. 98 1008.31. 99 Section 2. Subsection (1) of section 1004.015, Florida 100 Statutes, is amended, and paragraph (f) is added to subsection 101 (3) of that section, to read: 102 1004.015 Higher Education Coordinating Council.— 103 (1) The Higher Education Coordinating Council is created 104 for the purposes of identifying unmet needs;andfacilitating 105 solutions to disputes regarding the creation of new degree 106 programs and the establishment of new institutes, campuses, or 107 centers; and facilitating solutions to data issues identified by 108 the Articulation Coordinating Committee pursuant to s. 1007.01 109 to improve the K-20 education performance accountability system. 110 (3) The council shall serve as an advisory board to the 111 Legislature, the State Board of Education, and the Board of 112 Governors. Recommendations of the council shall be consistent 113 with the following guiding principles: 114 (f) To promote adoption of a common set of data elements 115 identified by the National Center for Education Statistics to 116 support the effective exchange of data within and across states. 117 Section 3. Paragraph (i) of subsection (1) of section 118 1005.22, Florida Statutes, is amended to read: 119 1005.22 Powers and duties of commission.— 120 (1) The commission shall: 121 (i) Serve as a central agency for collecting and 122 distributing current information regarding institutions licensed 123 by the commission. The commission shall annually collect, and 124 all institutions licensed by the commission shall annually 125 report, student-level data from the prior year for each student 126 who receives state funds, in a format prescribed by the 127 Department of Education. At a minimum, data from the prior year 128 mustshall be reported annually andinclude retention rates, 129 transfer rates, completion rates, graduation rates, employment 130 and placement rates, and earnings of graduates. By December 31, 131 2013, the commission shall report the data for the 2012-2013 132 academic year to the Department of Education. By October 1 of 133 each year thereafter, the commission shall report the data to 134 the department. 135 Section 4. Subsection (3) of section 1007.01, Florida 136 Statutes, is amended to read: 137 1007.01 Articulation; legislative intent; purpose; role of 138 the State Board of Education and the Board of Governors; 139 Articulation Coordinating Committee.— 140 (3) The Commissioner of Education, in consultation with the 141 Chancellor of the State University System, shall establish the 142 Articulation Coordinating Committee which shall make 143 recommendations related to statewide articulation policies and 144 issues regarding access, quality, and reporting of data 145 maintained by the K-20 data warehouse established pursuant to 146 ss. 1001.10 and 1008.31, to the Higher Education Coordination 147 Council, the State Board of Education, and the Board of 148 Governors. The committee shall consist of two members each 149 representing the State University System, the Florida College 150 System, public career and technical education, public K-12 151 education, and nonpublic education and one member representing 152 students. The chair shall be elected from the membership. The 153 committee shall: 154 (a) Monitor the alignment between the exit requirements of 155 one education system and the admissions requirements of another 156 education system into which students typically transfer and make 157 recommendations for improvement. 158 (b) Propose guidelines for interinstitutional agreements 159 between and among public schools, career and technical education 160 centers, Florida College System institutions, state 161 universities, and nonpublic postsecondary institutions. 162 (c) Annually recommend dual enrollment course and high 163 school subject area equivalencies for approval by the State 164 Board of Education and the Board of Governors. 165 (d) Annually review the statewide articulation agreement 166 pursuant to s. 1007.23 and make recommendations for revisions. 167 (e) Annually review the statewide course numbering system, 168 the levels of courses, and the application of transfer credit 169 requirements among public and nonpublic institutions 170 participating in the statewide course numbering system and 171 identify instances of student transfer and admissions 172 difficulties. 173 (f) Annually publish a list of courses that meet common 174 general education and common degree program prerequisite 175 requirements at public postsecondary institutions identified 176 pursuant to s. 1007.25. 177 (g) Foster timely collection and reporting of statewide 178 education dataExamine statewide data regarding articulation to179identify issues and make recommendationsto improvearticulation180throughoutthe K-20 education performance accountability system 181 by:.182 1. Facilitating timely reporting of data by all educational 183 delivery systems to the K-20 data warehouse established pursuant 184 to ss. 1001.10 and 1008.31. 185 2. Facilitating timely reporting of data by the K-20 data 186 warehouse to organizations and authorized representatives 187 pursuant to s. 1008.31. 188 3. Identifying data issues including, but not limited to, 189 data quality and accessibility. 190 (h) Recommend roles and responsibilities of public 191 education entities in interfacing with the single, statewide 192 computer-assisted student advising system established pursuant 193 to s. 1006.73. 194 Section 5. Present subsection (4) of section 1008.31, 195 Florida Statutes, is renumbered as subsection (5), a new 196 subsection (4) is added to that section, and subsection (3) of 197 that section is amended, to read: 198 1008.31 Florida’s K-20 education performance accountability 199 system; legislative intent; mission, goals, and systemwide 200 measures; data quality improvements.— 201 (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide 202 data required to implement education performance accountability 203 measures in state and federal law, the commissionerof Education204 shall initiate and maintain strategies to improve data quality 205 and timeliness. The Board of Governors shall make available to 206 the department all data within the State University Database 207 System tocollected from state universitiesshall, as determined208by the commissioner,be integrated into the K-20 data warehouse. 209 The commissioner shall haveunlimitedaccess to such datasolely210 for the purposes of conducting studies, reporting annual and 211 longitudinal student outcomes,andimproving college readiness 212 and articulation, and providing data to organizations and 213 authorized representatives pursuant to subsection (4). All 214 public educational institutions shall annually provide data from 215 the prior year to the K-20 data warehouse in a format based on 216 data elements identifiedspecifiedby the commissioner. 217 (a) School districts and public postsecondary educational 218 institutions shall maintain information systems that will 219 provide the State Board of Education, the Board of Governors of 220 the State University System, and the Legislature with 221 information and reports necessary to address the specifications 222 of the accountability system. The level of comprehensiveness and 223 quality mustshallbe no less than that which was available as 224 of June 30, 2001. 225 (b) Colleges and universities eligible to participate in 226 the William L. Boyd, IV, Florida Resident Access Grant Program 227 shall annually report student-level data from the prior year for 228 each student who receives state funds in a format prescribed by 229 the Department of Education. At a minimum, data from the prior 230 year mustshall be reported annually to the department and231 include retention rates, transfer rates, completion rates, 232 graduation rates, employment and placement rates, and earnings 233 of graduates. By December 31, 2013, the colleges and 234 universities described in this paragraph shall report the data 235 for the 2012-2013 academic year to the department. By October 1 236 of each year thereafter, the colleges and universities described 237 in this paragraph shall report the data to the department. 238 (c) The Commissioner of Education shall determine the 239 standards for the required data, monitor data quality, and 240 measure improvements. The commissioner shall report annually to 241 the State Board of Education, the Board of Governors of the 242 State University System, the President of the Senate, and the 243 Speaker of the House of Representatives data quality indicators 244 and ratings for all school districts and public postsecondary 245 educational institutions. 246 (d) The commissioner shall collaborate with the executive 247 director of the Department of Economic Opportunity to develop 248 procedures for the ability to tie student-level data to student 249 and workforce outcome dataThe commissioner shall continuously250monitorand review the collection of paperwork, data, and251reports by school districts and complete an annual review of252such collection no later than June 1 of each year.The annual253review must include recommendations for consolidating paperwork,254data, and reports, wherever feasible, in order to reduce the255burdens on school districts.256 (e) By June 30, 2014, the commissioner shall improve and 257 streamline access to data maintained by the K-20 data warehouse 258 by creating and fully implementing: 259 1. A web-based interface for parents, students, teachers, 260 principals, local educational agency leaders, community members, 261 researchers, policymakers, and other constituents which is 262 engaging, informative, and customer-friendly. 263 a. The web-based interface must provide a single location 264 for public access to aggregated data from the K-20 data 265 warehouse which do not contain personally identifiable 266 information or any other information that is confidential 267 pursuant to applicable law. 268 b. Personally identifiable information from education 269 records of students, or any other information that is 270 confidential pursuant to applicable law, must be redacted or 271 aggregated, or the confidentiality otherwise protected by de 272 identification, anonymization, or any combination thereof. 273 2. A self-service, restricted access component of the K-20 274 data warehouse, called the “Research Engine,” which is: 275 a. Restricted to organizations and authorized 276 representatives pursuant to subsection (4). The commissioner 277 shall create a website for organizations and authorized 278 representatives to submit data requests. The website shall 279 generate an automated acknowledgement of each data request. Each 280 acknowledgement of a data request must include a username and 281 password to view the order and status of completion of the data 282 request and a link to the directory of data elements which 283 provides a detailed description of each data element. Within 90 284 days after acknowledging each data request, the department shall 285 provide to organizations or authorized representatives technical 286 assistance regarding the written agreement required under sub 287 subparagraph d. However, organizations and authorized 288 representatives may execute the written agreement with the 289 department at any time after submitting a data request. Data 290 requests must be completed within 90 days after the written 291 agreement is executed, unless the written agreement specifies 292 otherwise. 293 b. Capable of providing student-level data; however, the 294 department shall remove personally identifiable information from 295 education records of students, or any other information that is 296 confidential pursuant to applicable law. The personally 297 identifiable information must be redacted, aggregated, or 298 otherwise protected by de-identification, anonymization, or any 299 combination thereof. To satisfy confidentiality protections of 300 this section and 20 U.S.C. s. 1232g, also known as the Family 301 Educational Rights and Privacy Act (FERPA), the department may 302 assign an anonymized random identification number to each record 303 before providing access to data. The department shall develop 304 and the State Board of Education shall adopt rules regarding 305 redacting and anonymizing personally identifiable information. 306 307 Data provided to organizations and authorized representatives 308 pursuant to subsection (4) shall not include personally 309 identifiable information regarding a student’s or a student’s 310 family’s juvenile delinquency records, criminal records, medical 311 records, biometric information, religious affiliations or 312 beliefs, political affiliations or beliefs, and sexual behavior 313 or attitudes. 314 c. Accessible at the department’s headquarters or by other 315 secure means as agreed upon in writing by the parties. 316 d. Accessible after an organization or an authorized 317 representative executes a written agreement with the 318 commissioner. The written agreement must include, but need not 319 be limited to: 320 (I) Identification of the purpose, scope, and duration of 321 the activity with sufficient specificity to make clear that the 322 activity falls within permissible uses authorized by FERPA and 323 does not further a commercial, trade, or profit interest. 324 (II) Identification of the data elements necessary to 325 complete a study, an audit, or an evaluation. The department 326 shall provide assistance to organizations and authorized 327 representatives regarding selection of data elements to fulfill 328 data requests. Requests for additional data by an organization 329 or an authorized representative may be made by amending the 330 written agreement. The deadline for fulfilling a data request 331 may be adjusted accordingly. 332 (III) Identification of the FERPA exception relied upon to 333 obtain data. 334 (IV) Requirements regarding procedures for securing data, 335 including, but not limited to, a data security plan. The 336 Department of Education shall reserve the right to conduct 337 security audits or reviews as necessary. 338 (V) Requirements limiting the use of data to meet only the 339 purpose stated in the written agreement. 340 (VI) Requirements establishing disciplinary policies for 341 organizations and authorized representatives that violate FERPA 342 or the written agreement. 343 (VII) Prohibitions regarding access to or use of data 344 obtained pursuant to the written agreement by anyone not 345 authorized to have such access or use by the department. 346 (VIII) Requirements regarding destruction of data that are 347 received pursuant to the written agreement and specifications of 348 when the information must be destroyed. 349 (IX) Requirements regarding background screening of 350 organizations and authorized representatives. 351 (X) Requirements regarding the assessment of liquidated 352 damages for unauthorized disclosure of data or for violation of 353 terms and conditions of the written agreement. In addition, if 354 the department determines that an organization or authorized 355 representative, pursuant to subsection (4), has violated the 356 terms and conditions of the written agreement or FERPA, the 357 violation, as determined by the department, is grounds for 358 termination of data access privileges for 10 years. The 359 department may also impose an administrative penalty of up to 360 $1,000 per violation. 361 (XI) Identification of deliverables to be provided by the 362 organization or authorized representative. The deliverables must 363 include, but are not limited to, as appropriate: a copy of the 364 final study, audit, or evaluation or, if no study, audit, or 365 evaluation is completed, a report identifying such with a copy 366 of unfinished research; a copy of reports, publications, papers, 367 theses, or similar documents; and certification by the 368 organization or authorized representative stating the final 369 status of deliverables and confirming compliance with all 370 provisions of the written agreement. The deliverables shall be 371 provided to the department within 1 year after the date of 372 execution of the written agreement, unless the written agreement 373 specifies otherwise. The Commissioner of Education may assess 374 liquidated damages specified in the written agreement if all 375 deliverables are not timely provided to the Department of 376 Education. 377 (XII) Requirements regarding maintaining the 378 confidentiality of any information that is exempt from s. 379 119.071(1) and s. 24(a), Art. I of the State Constitution, or 380 that is otherwise made confidential by state or federal law. 381 (XIII) Requirements regarding a service charge identified 382 in sub-subparagraph e. 383 384 The Department of Education shall develop, and the State Board 385 of Education shall adopt, rules regarding the written agreement. 386 e. Funded by creating and implementing a pricing structure 387 that is self-sustainable with the goal that the service charge 388 for use of the Research Engine recovers actual costs to fulfill 389 a data request. The commissioner may waive or reduce the service 390 charge for fulfilling a data request. Funds collected from the 391 service charge shall be deposited into the Operating Trust Fund. 392 The department shall develop and the State Board of Education 393 shall adopt rules regarding the service charge. 394 f. Linked to a list of organizations and authorized 395 representatives that obtain data from the Research Engine on the 396 web-based interface in subparagraph 1. The list must include, 397 but need not be limited to, the date of receipt of each data 398 request, response time to address each data request, and current 399 status of each data request. The department shall continually 400 update the list and maintain a copy of reports prepared and 401 submitted by the organizations and authorized representatives. 402 403 The department shall adopt procedures to implement the web-based 404 interface and the Research Engine established pursuant to this 405 subsectionBy July 1 of each year, the commissioner shall406prepare a report assisting the school districts in eliminating407or consolidating paperwork, data, and reports by providing408suggestions, technical assistance, and guidance. 409 (f) Before establishing any new reporting or data 410 collection requirements, the commissioner of Education shall 411 utilize existing data being collected to reduce duplication and 412 minimize paperwork. 413 (4) ACCESS TO THE K-20 DATA WAREHOUSE.—Pursuant to 20 414 U.S.C. s. 1232g(b)(1)(F), and the federal regulations issued 415 pursuant thereto, organizations conducting studies for, or on 416 behalf of, educational agencies and institutions as provided in 417 34 C.F.R. 99.31(a)(6) shall be given access to data maintained 418 by the K-20 data warehouse in a manner consistent with this 419 section, ss. 1002.22, 1002.221, 1006.52, and FERPA. Pursuant to 420 20 U.S.C. s. 1232g(b)(3)(C), authorized representatives 421 conducting an audit or an evaluation of a federal- or state 422 supported education program as provided in 34 C.F.R. 423 99.31(a)(3), shall be given access to the data maintained by the 424 K-20 data warehouse in a manner consistent with this section, 425 ss. 1002.22, 1002.221, 1006.52, and FERPA. 426 (a) Requests by organizations or authorized representatives 427 for access to data with the exception of requests from the 428 Executive Office of the Governor, the Florida Legislature, the 429 Florida Auditor General, and the Office of Program Policy 430 Analysis and Government Accountability, shall be submitted 431 through the Research Engine established pursuant to subparagraph 432 (3)(e)2. Access to the Research Engine is not conditioned upon 433 or limited to studies, audits, or evaluations that support the 434 research agenda, interests, or priorities of the State Board of 435 Education, the commissioner, or the department. 436 (b) Authorized representatives include designated 437 individuals from the Executive Office of the Governor, the 438 Florida Legislature, the Florida Auditor General, the Office of 439 Program Policy Analysis and Government Accountability, the 440 Florida district school boards, Florida College System 441 institutions, and Florida state universities or entities 442 approved by the Department of Education. 443 (c) Requests for data from the Executive Office of the 444 Governor, the Florida Legislature, the Florida Auditor General, 445 and the Office of Program Policy Analysis and Government 446 Accountability, shall be given a priority over other data 447 requests and shall be provided free of charge. 448 Section 6. Subsection (1) and paragraph (a) of subsection 449 (3) of section 1008.34, Florida Statutes, are amended to read: 450 1008.34 School grading system; school report cards; 451 district grade.— 452 (1) ANNUAL REPORTS.—The Commissioner of Education shall 453 prepare annual reports of the results of the statewide 454 assessment program which describe student achievement in the 455 state, each district, and each school. The commissioner shall 456 prescribe the design and content of these reports, which must 457 include descriptions of the performance of all schools 458 participating in the assessment program and all of their major 459 student populations as determined by the commissioner. The 460 report must also include the percent of students performing at 461 or above grade level and makinga year’slearning gainsgrowth462in a year’s timein reading and mathematics. The provisions of 463 s. 1002.22 pertaining to student records apply to this section. 464 (3) DESIGNATION OF SCHOOL GRADES.— 465 (a) Beginning with the 2013-2014 school year, each school 466 that has students who are tested and included in the school 467 grading system shall receive a school grade if the number of its 468 students tested on statewide assessments pursuant to s. 1008.22 469 meets or exceeds the minimum sample size of 10, except as 470 follows: 4711. A school shall not receive a school grade if the number472of its students tested and included in the school grading system473is less than the minimum sample size necessary, based on474accepted professional practice, for statistical reliability and475prevention of the unlawful release of personally identifiable476student data under s.1002.22or 20 U.S.C. s. 1232g.477 1.2.An alternative school may choose to receive a school 478 grade under this section or a school improvement rating under s. 479 1008.341. For charter schools that meet the definition of an 480 alternative school pursuant to State Board of Education rule, 481 the decision to receive a school grade is the decision of the 482 charter school governing board. 483 2.3.A school that serves any combination of students in 484 kindergarten through grade 3 which does not receive a school 485 grade because its students are not tested and included in the 486 school grading system shall receive the school grade designation 487 of a K-3 feeder pattern school identified by the Department of 488 Education and verified by the school district. A school feeder 489 pattern exists if at least 60 percent of the students in the 490 school serving a combination of students in kindergarten through 491 grade 3 are scheduled to be assigned to the graded school. 492 3. If a colocated school does not earn a school grade or 493 school improvement rating for the performance of its students, 494 the student performance data of all schools operating at the 495 same facility must be aggregated to develop a school grade that 496 will be assigned to all schools at that location. A colocated 497 school is a school that has its own unique master school 498 identification number, provides for the education of each of its 499 enrolled students, and operates at the same facility as another 500 school that has its own unique master school identification 501 number and provides for the education of each of its enrolled 502 students. 503 504 The State Board of Education shall adopt appropriate criteria 505 for each school grade. The criteria must also give added weight 506 to student achievement in reading. Schools earning a grade of 507 “C,” making satisfactory progress, shall be required to 508 demonstrate that adequate progress has been made by students in 509 the school who are in the lowest 25th percentile in reading and 510 mathematics on the FCAT and end-of-course assessments as 511 described in s. 1008.22(3)(c)2.a., unless these students are 512 exhibiting satisfactory performance. For schools comprised of 513 high school grades 9, 10, 11, and 12, or grades 10, 11, and 12, 514 the criteria for school grades must also give added weight to 515 the graduation rate of all eligible at-risk students. In order 516 for a high school to earn a grade of “A,” the school must 517 demonstrate that its at-risk students, as defined in this 518 paragraph, are making adequate progress. 519 Section 7. Subsections (2), (3), and (5) of section 520 1008.341, Florida Statutes, are amended to read: 521 1008.341 School improvement rating for alternative 522 schools.— 523 (2) SCHOOL IMPROVEMENT RATING.—An alternative school is a 524 school that provides dropout prevention and academic 525 intervention services pursuant to s. 1003.53. An alternative 526 school shall receive a school improvement rating pursuant to 527 this section unless the school earns a school grade pursuant to 528 s. 1008.34. Beginning with the 2013-2014 school year, each 529However, analternative school that chooses to receive a school 530 improvement rating shallnotreceive a school improvement rating 531 if the number of its students for whom student performance data 532 on statewide, standardized assessments pursuant to s. 1008.22 533 which is available for the current year and previous year meets 534 or exceedsis less thanthe minimum sample size of 10. An 535 alternative school that tests at least 80 percent of its 536 students may receive a school improvement rating. If an 537 alternative school tests less than 90 percent of its students, 538 the school may not earn a rating higher than “maintaining.” 539necessary, based on accepted professional practice, for540statistical reliability and prevention of the unlawful release541of personally identifiable student data under s.1002.22or 20542U.S.C. s. 1232g.The school improvement rating shall identify an 543 alternative school as having one of the following ratings 544 defined according to rules of the State Board of Education: 545 (a) “Improving” means the students attending the school are 546 making more academic progress than when the students were served 547 in their home schools. 548 (b) “Maintaining” means the students attending the school 549 are making progress equivalent to the progress made when the 550 students were served in their home schools. 551 (c) “Declining” means the students attending the school are 552 making less academic progress than when the students were served 553 in their home schools. 554 555 The school improvement rating shall be based on a comparison of 556 student performance data for the current year and previous year. 557 Schools that improve at least one level or maintain an 558 “improving” rating pursuant to this section are eligible for 559 school recognition awards pursuant to s. 1008.36. 560 (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student data 561 used in determining an alternative school’s school improvement 562 rating shall include: 563 (a) Student performance results basedThe aggregate scores564 on statewide, standardized assessments, including retakes, 565 administered under s. 1008.22 for all eligible students who were 566 assigned to and enrolled in the school during the October or 567 February FTE count and who have assessment scoresFCATor 568 comparable scores for the preceding school year. 569 (b) Student performance results basedThe aggregate scores570 on statewide, standardized assessments, including retakes, 571 administered under s. 1008.22 for all eligible students who were 572 assigned to and enrolled in the school during the October or 573 February FTE count and who have scored in the lowest 25th 574 percentile of students in the state on FCAT Reading. 575 576 Student performance resultsThe assessment scoresof students 577 who are subject to district school board policies for expulsion 578 for repeated or serious offenses, who are in dropout retrieval 579 programs serving students who have officially been designated as 580 dropouts, or who are in programs operated or contracted by the 581 Department of Juvenile Justice may not be included in an 582 alternative school’s school improvement rating. 583 (5) SCHOOL AND STUDENT REPORT CARDSCARD.—The Department of 584 Education shall annually develop, in collaboration with the 585 school districts, a school report card for alternative schools 586 to be delivered to parents throughout each school district. The 587 report card shall include the school improvement rating, 588 identification of student learning gains, student attendance 589 data, information regarding school improvement,an explanation590of school performance as evaluated by the federal No Child Left591Behind Act of 2001,and indicators of return on investment. An 592 alternative school that serves at least 10 students who are 593 tested on the statewide, standardized assessments pursuant to s. 594 1008.22 in the current year and previous year shall distribute 595 an individual student report card to parents which includes the 596 student’s learning gains and progress toward meeting high school 597 graduation requirements. The report card must also include the 598 school’s industry certification rate, college readiness rate, 599 dropout rate, and graduation rate. This subsection does not 600 abrogate the provisions of s. 1002.22 relating to student 601 records or the requirements of 20 U.S.C. s. 1232g, the Family 602 Educational Rights and Privacy Act. 603 Section 8. Paragraph (a) of subsection (2) of section 604 1008.385, Florida Statutes, is amended to read: 605 1008.385 Educational planning and information systems.— 606 (2) COMPREHENSIVE MANAGEMENT INFORMATION SYSTEMS.—The 607 Commissioner of Education shall develop and implement an 608 integrated information system for educational management. The 609 system must be designed to collect, via electronic transfer, all 610 student and school performance data required to ascertain the 611 degree to which schools and school districts are meeting state 612 performance standards, and must be capable of producing data for 613 a comprehensive annual report on school and district 614 performance. In addition, the system shall support, as feasible, 615 the management decisions to be made in each division of the 616 department and at the individual school and district levels. 617 Similar data elements among divisions and levels shall be 618 compatible. The system shall be based on an overall conceptual 619 design; the information needed for such decisions, including 620 fiscal, student, program, personnel, facility, community, 621 evaluation, and other relevant data; and the relationship 622 between cost and effectiveness. The system shall be managed and 623 administered by the commissioner and shall include a district 624 subsystem component to be administered at the district level, 625 with input from the reports-and-forms control management 626 committees. Each district school system with a unique management 627 information system shall assure that compatibility exists 628 between its unique system and the district component of the 629 state system so that all data required as input to the state 630 system is made available via electronic transfer and in the 631 appropriate input format. 632 (a) The specific responsibilities of the commissioner shall 633 include: 634 1. Consulting with school district representatives in the 635 development of the system design model and implementation plans 636 for the management information system for public school 637 education management; 638 2. Providing operational definitions for the proposed 639 system, including criteria for issuing and revoking master 640 school identification numbers to support the maintenance of 641 education records, to enforce and support education 642 accountability, to support the distribution of funds to school 643 districts, to support the preparation and analysis of school 644 district financial reports, and to assist the commissioner in 645 carrying out the duties specified in ss. 1001.10 and 1001.11; 646 3. Determining the information and specific data elements 647 required for the management decisions made at each educational 648 level, recognizing that the primary unit for information input 649 is the individual school and recognizing that time and effort of 650 instructional personnel expended in collection and compilation 651 of data should be minimized; 652 4. Developing standardized terminology and procedures to be 653 followed at all levels of the system; 654 5. Developing a standard transmittal format to be used for 655 collection of data from the various levels of the system; 656 6. Developing appropriate computer programs to assure 657 integration of the various information components dealing with 658 students, personnel, facilities, fiscal, program, community, and 659 evaluation data; 660 7. Developing the necessary programs to provide statistical 661 analysis of the integrated data provided in subparagraph 6. in 662 such a way that required reports may be disseminated, 663 comparisons may be made, and relationships may be determined in 664 order to provide the necessary information for making management 665 decisions at all levels; 666 8. Developing output report formats which will provide 667 district school systems with information for making management 668 decisions at the various educational levels; 669 9. Developing a phased plan for distributing computer 670 services equitably among all public schools and school districts 671 in the state as rapidly as possible. The plan shall describe 672 alternatives available to the state in providing such computing 673 services and shall contain estimates of the cost of each 674 alternative, together with a recommendation for action. In 675 developing the plan, the feasibility of shared use of computing 676 hardware and software by school districts, Florida College 677 System institutions, and universities shall be examined. Laws or 678 administrative rules regulating procurement of data processing 679 equipment, communication services, or data processing services 680 by state agencies shall not be construed to apply to local 681 agencies which share computing facilities with state agencies; 682 10. Assisting the district school systems in establishing 683 their subsystem components and assuring compatibility with 684 current district systems; 685 11. Establishing procedures for continuous evaluation of 686 system efficiency and effectiveness; 687 12. Initiating a reports-management and forms-management 688 system to ascertain that duplication in collection of data does 689 not exist and that forms and reports for reporting under state 690 and federal requirements and other forms and reports are 691 prepared in a logical and uncomplicated format, resulting in a 692 reduction in the number and complexity of required reports, 693 particularly at the school level; and 694 13. Initiating such other actions as are necessary to carry 695 out the intent of the Legislature that a management information 696 system for public school management needs be implemented. Such 697 other actions shall be based on criteria including, but not 698 limited to: 699 a. The purpose of the reporting requirement; 700 b. The origination of the reporting requirement; 701 c. The date of origin of the reporting requirement; and 702 d. The date of repeal of the reporting requirement. 703 Section 9. This act shall take effect July 1, 2013.