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- What Is New ss.1002.20, 1008.25, Florida Statutes
- s.1008.25, Florida Statutes What Is New
- What Stayed the Same What Stayed the Same
- s.1008.25, Florida Statutes s.1008.25, Florida Statutes
- What Is New
- What Is New
- What Stayed the Same s.1008.25, Florida Statutes
- What Stayed the Same s.1008.25, Florida Statutes
- s.1008.25, Florida Statutes What Is New
- s.1008.25, Florida Statutes What Is New
- What Stayed the Same
- s.1008.25, Florida Statutes What Is New
- s.1008.25, Florida Statutes
- What Is New ss.1002.20, 1008.25, Florida Statutes
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1
2004 LEGISLATION
CS/SB 364 – READING DEFICIENCIES
What Stayed the Same
s.1008.25, Florida Statutes
What Is New
ss.1002.20, 1008.25, Florida Statutes
Legislative Intent
(s.1008.25(1), F.S.)
It is the intent of the Legislature that each student's
progression from one grade to another be determined,
in part, upon proficiency in reading, writing, science and
mathematics; that district school board policies facilitate
such proficiency; and that each student and his or her
parent be informed of that student's academic progress.
No change
Comprehensive Program (Student Progression Plan)
(s.1008.25(2)(a)-(b), F.S.)
•
Each district is required to adopt a comprehensive
Student Progression Plan.
•
The plan must include standards for evaluating each
student's performance, including mastery of the
Sunshine State Standards.
The plan must establish
•
specific levels of performance in
reading, writing, science and mathematics at each
grade level that include the levels of performance on
FCAT established by Commissioner at which
o
a student must receive remediation
(DOE Note: The
DOE has determined that, at a minimum, students
scoring at Level 1 on the FCAT in reading and math
and below a score of 3 on FCAT writing in any grade
where there is such a test must receive
remediation.)
a student must be retai
o
ned.
No change
What Stayed the Same
s.1008.25, Florida Statutes
What Is New
ss.1002.20, 1008.25, Florida Statutes
Comprehensive Program (Student Progression Plan)
(continued)
(s.1008.25(2)(b)-(c), F.S.)
•
If a student is retained it must be within an intensive
program that is different from the previous year's
program and that takes into account the student's
learning style.
•
The plan must provide for appropriate alternative
placement for a student who has been retained 2 or
more years.
No change
Allocation of Resources
(s.1008.25(3), F.S.)
•
Districts must allocate remedial and supplemental
instruction resources to students in the following
priority:
o
First - students who are deficient in reading at end
of grade 3
o
Next - students who fail to meet performance
levels required for promotion, consistent with the
district’s student progression plan.
No change
Assessment
(s.1008.25(4), F.S.)
•
Each student must participate in statewide
assessment tests.
Assessment-K-3 Students
(s.1002.20(11), F.S.; Bill page 11, lines
1-3)
•
Each elementary school must regularly assess the reading
ability of
each K-3 student.
2
3
What Stayed the Same
s.1008.25, Florida Statutes
What Is New
ss.1002.20, 1008.25, Florida Statutes
Parental Notification
(s.1008.25(5)(c)1-5, F.S.)
•
The parent of any student who exhibits a substantial
deficiency in reading must be notified in writing of
the following:
o
that the child has a substantial reading
deficiency.
o
a description of current and proposed
supplemental instructional services provided to
the child to remediate the reading deficiency
o
that if the child's reading deficiency is not
remediated by the end of grade 3, the child must
be retained unless he or she is exempt from
mandatory retention for good cause.
o
strategies for parents to use in helping their child
succeed
Parental Notification K-3
(s.1002.20(11), F.S.; Bill page 11,
lines 3-15)
•
The parental notification requirements in s.1008.25, F.S., are
reinforced as a parent and student right, requiring that the
parent of
any K-3 student
who exhibits a reading
deficiency must be
immediately
notified of the student's
deficiency with a description, understandable to the
parent, of the
exact nature of the difficulty.
•
The parent must be consulted in the development of a
detailed Academic Improvement Plan (AIP).
•
The parent must be informed that the student will be given
intensive reading instruction until the deficiency is
corrected.
Parental Notification-All Students, All Grades
(Formerly
1008.25(7)(a); renumbered to s. 1008.25(8)(a), F.S.)
•
Each school board must
annually
report in writing to
the parent of each student the progress of the
student in achieving proficiency expectations in
reading, writing, science and mathematics. The
report must include the student's results on each
statewide assessment test. The evaluation of each
student's progress must be based upon the student's
classroom work, observations, tests, district and state
assessments and other relevant information.
Parental Notification-All Grades
(1008.25(5)(c)6-7, F.S.; Bill
page 12, lines 29-31 – page 14, lines 1-7)
•
In addition to the previous notification requirements to the
parents of a child with a reading deficiency, the district
must also now inform the parent:
o
that FCAT is not the sole determiner of promotion
o
that additional evaluations, portfolio reviews and
assessments are available to assist parents and the
district in knowing when a child is reading at or above
grade level and ready for grade promotion;
o
of the district's
specific
criteria and policies for mid-year
promotion.
4
What Stayed the Same
s.1008.25, Florida Statutes
What Is New
ss.1002.20, 1008.25, Florida Statutes
Parental Notification-Retained Third Graders
(1008.25(7)(b)3,
F.S.; Bill page 15, lines 22-30)
•
Beginning with the 2004-2005 school year, each district
must:
o
provide written notification to the parent of any third
grade retained student:
that the child has not met the proficiency level
required for promotion
the reasons the child is not eligible for a good cause
exemption
o
The notification must comply with the new provisions of
s.1002.20(14), F.S., and must include a description of
proposed interventions and supports that will be
provided to the child to remediate the identified areas
of reading deficiency.
DOE Note: DOE will revise sample parent notices on its website
to include new requirements. Translations will also be
provided.
What Stayed the Same
s.1008.25, Florida Statutes
What Is New
ss.1002.20, 1008.25, Florida Statutes
Remediation
(s.1008.25(4)(a)-(c), F.S.)
•
Students who fail to meet performance expectations
must be provided with additional diagnostic
assessments to determine the nature of the student's
difficulty.
•
The school must develop, in consultation with the
parent, and must implement an Academic
Improvement Plan (AIP) designed to assist the
student in meeting state and district expectations.
•
Students must continue to be provided with remedial
or supplemental instruction until expectations are
met.
•
If a student has a deficiency in reading, the AIP must
identify:
o
the student's specific areas of deficiency in
phonemic awareness, phonics, fluency,
comprehension, and vocabulary
o
the desired levels of performance in these areas
o
the instructional and support services to be
provided
•
Schools must also provide frequent monitoring of the
student's progress in meeting the desired levels of
performance.
•
Districts must assist schools and teachers in
implementing research-based reading activities that
have been shown to be successful in teaching
reading to low-performing students.
K-3
READ Initiative
(s.1008.25(7)(b)7, F.S.; Bill pages 17, line 1 –
page 19, line 23)
•
Districts
must
establish a Reading Enhancement and
Acceleration Development (READ) Initiative.
•
The focus is to
prevent
the retention of grade 3 students
and to offer intensive accelerated reading instruction to:
o
grade 3 students who failed to meet standards for
promotion to grade 4
o
each K-3 student
who is assessed as exhibiting a
reading deficiency
•
The READ Initiative must:
o
be provided to
all K-3 students at risk of retention
as
identified by the statewide assessment system
used in
Reading First schools that measures phonemic
awareness, phonics, fluency, vocabulary and
comprehension.
o
be provided during
regular
school hours
in addition
to
the regular reading instruction.
o
provide
a state-identified
reading curriculum that
has
been reviewed by the Florida Center for Reading
Research
at Florida State University and meets, at a
minimum, the
following specifications:
5
6
What Stayed the Same
s.1008.25, Florida Statutes
Back to top
What Is New
ss.1002.20, 1008.25, Florida Statutes
Remediation (continued)
(s. 1008.25(4)(a)-(c), F.S.)
•
Remedial instruction provided during high school
may not be in lieu of English and mathematics credits
required for graduation.
•
Upon subsequent evaluation, if the documented
deficiency has not been remediated in accordance
with the AIP, the student may be retained. Each
student who does not meet minimum performance
expectations defined by the Commissioner for the
statewide assessment tests in reading, writing,
science and mathematics must continue to be
provided with remedial or supplemental instruction
until expectations are met or the student graduates
or is not subject to compulsory attendance.
K-3 READ Initiative (continued)
(s. 1008.25(7)(b)7, F.S.; Bill pages
17, line 1 – page 19, line 23)
assists students with a reading
deficiency in
developing the ability to read at grade level
provides skill development in phonemic awareness,
phonics, fluency, vocabulary and comprehension
provides scientifically based and reliable
assessment
provides initial and ongoing analysis of each
student's reading progress
is implemented during
regular
school hours
DOE Note: The comprehensive core reading programs on the
state adopted list satisfy this requirement.
•
The READ Initiative must also provide a
curriculum in core
academic subjects
to assist the student in maintaining or
meeting proficiency
levels for the appropriate grade in
all
academic subjects.
Elimination of Social Promotion
(s.1008.25(6)(a), F.S.)
•
No student may be assigned to a grade level based
solely on age or other factors that constitute social
promotion.
No change
7
What Stayed the Same
s.1008.25, Florida Statutes
What Is New
ss.1002.20, 1008.25, Florida Statutes
Third-Grade Retention
(s.1008.25(6)(b), F.S.)
If a student's reading deficiency is not remedied by the
end of grade 3, as demonstrated by scoring at Level 2 or
higher on the FCAT in reading for grade 3, the student
must
be retained.
No change
Good Causes Exemptions to Third Grade Retention
(s.1008.25(6)(b)1-4, F.S.)
A student can only be exempted from mandatory 3rd
grade retention for the following good causes:
•
Limited English Proficient (LEP) students with less than 2
years of English for Speakers of other Languages (ESOL)
instruction.
•
Students with disabilities whose Individual Educational
Plan (IEP) indicates participation in FCAT is not
appropriate.
•
Students who demonstrate an acceptable level of
performance on an alternative standardized reading
assessment approved by the State Board of Education
(DOE Note: SAT-9)
•
Students who demonstrate, through a student portfolio,
that the student is reading on grade level as evidenced
by demonstration of mastery of the Sunshine State
Standards in reading equal to at least a Level 2
performance on the FCAT
Good Causes Exemptions to Third Grade Retention
(s.1008.25(6)(b)5-6, F.S.; Bill page 13, lines 28-31 – page 15, lines
1-15)
A student can only be exempted from 3rd grade retention for the
following good causes:
•
Students with disabilities who participate in the FCAT and who
have an IEP or a 504 plan that reflects that the student has
received intensive remediation in reading for more than 2
years but still demonstrates a deficiency in reading and was
previously retained in
K-3
.
•
Students who have received the intensive remediation in
reading for 2 or more years but still demonstrate a deficiency
in reading and who were previously retained in
K-3
for a total
of 2 years. Intensive reading instruction for students so
promoted must include an altered instructional day based
upon an AIP that includes specialized diagnostic information
and specific reading strategies for each student.
8
8
What Stayed the Same
What Stayed the Same
Back to top
s.1008.25, Florida Statutes
s.1008.25, Florida Statutes
Back to top
What Is New
Back to top
What Is New
ss. 1002.20, 1008.25, Florida Statutes
ss. 1002.20, 1008.25, Florida Statutes
Procedures for Good Causes Exemptions to Third Grade
Retention (continued)
(s.1008.25(6)(c), F.S.)
Procedures for Good Causes Exemptions to Third Grade
Retention (continued)
(s.1008.25(6)(c), F.S.)
Requests for good cause exemptions from mandatory
3rd grade retention must be made consistent with the
following:
Requests for good cause exemptions from mandatory
3rd grade retention must be made consistent with the
following:
•
Documentation is submitted from the teacher to the
school principal that indicates the promotion is
appropriate and based upon the student's
academic record. In order to minimize paperwork,
documentation need only consists of the AIP or IEP,
report card or student portfolio.
•
Documentation is submitted from the teacher to the
school principal that indicates the promotion is
appropriate and based upon the student's
academic record. In order to minimize paperwork,
documentation need only consists of the AIP or IEP,
report card or student portfolio.
•
The principal must review and discuss such
recommendations with the teacher and determine if
the student should be promoted. If the school
principal determines that the student should be
promoted, the principal must recommend it in writing
to the district superintendent.
•
The principal must review and discuss such
recommendations with the teacher and determine if
the student should be promoted. If the school
principal determines that the student should be
promoted, the principal must recommend it in writing
to the district superintendent.
•
The district superintendent must accept or reject the
school principal’s recommendation in writing.
•
The district superintendent must accept or reject the
school principal’s recommendation in writing.
9
What Stayed the Same
s.1008.25, Florida Statutes
What Is New
ss.1002.20, 1008.25, Florida Statutes
Successful Progression of Retained Third-Grade Readers
(s.1008.25(7)(a)(b), F.S.; Bill page 14, lines 16-30 – page 15, lines
1-21)
•
Retained students must be provided intensive interventions
in reading to ameliorate the student's specific reading
deficiency, as identified by a valid and reliable diagnostic
assessment.
•
This intensive intervention must include:
o
effective instructional strategies
o
participation in summer reading camp
o
appropriate teaching methodologies necessary to
assist those students in becoming successful readers,
able to read at or above grade level and ready for
promotion to the next grade.
•
Beginning with the 2004-2005 school year, each district
must:
o
conduct a review of student Academic Improvement
Plans (AIPs) for all third grade students who did not
score above Level 1 on the reading FCAT and did not
meet the criteria for one of the good cause exemptions
o
The review must address additional supports and
services needed to remediate the identified areas of
reading deficiency.
•
The district must:
o
complete a student portfolio for
each
such student
(
DOE Note: This portfolio must contain evidence of mastery of
benchmarks, other information to inform parents, as well as
results of diagnostics and progress monitoring.
Ev
ery
retained
3rd grade student must have the opportunity to have a
portfolio. If a portfolio already exists for a student, it can
continue to be used.)
10
What Stayed the Same
s.1008.25, Florida Statutes
What Is New
ss.1002.20, 1008.25, Florida Statutes
Successful Progression of Retained Third-Grade Readers
(continued)
(s.1008.25(7)(a)(b), F.S.; Bill page 14, lines 16-30 –
page 15, lines 1-21)
o
provide students who are retained with intensive
instructional services and supports to remediate
identified areas of reading deficiency, including:
a minimum of 90 minutes of daily, uninterrupted,
scientifically research-based reading instruction and
other strategies prescribed by the school district,
which may include, but are not limited to:
small group instruction
reduced teacher-student ratios
more frequent progress monitoring
tutoring or mentoring
transition classes containing 3rd and 4th grade
students
extended school day, week or year
summer reading camps
Successful Progression of Retained Third-Grade Readers
(s.1008.25(7)(a)(b), F.S.; Bill page 16, lines 16-31)
•
Students who are retained in third grade
must
be provided
with
a high-performing teacher
as determined by student
performance data and above-satisfactory performance
appraisals.
•
In addition to required reading enhancement and
acceleration strategies, the district must provide parents of
students to be retained with
at least one
of the following
instructional options:
o
supplemental tutoring in scientifically research-based
reading services in addition to the regular reading
block, including tutoring before and/or after school
11
What Stayed the Same
s.1008.25, Florida Statutes
What Is New
ss.1002.20, 1008.25, Florida Statutes
Successful Progression of Retained Third-Grade Readers
(continued)
(s.1008.25(7)(a)(b), F.S.; Bill page 14, lines 16-30 –
page 15, lines 1-21)
o
a “Read at Home” plan outlined in a parental contract,
including participation in “Families Building Better
Readers Workshops” and regular parent-guided home
reading
o
a mentor or tutor with specialized reading training
Intensive Acceleration Class for Retained Third Graders
(s.1008.25(7)(b)8, F.S.; Bill page 18, lines 1-23)
•
Each district must establish at each school, where
applicable, an Intensive Acceleration Class for retained
grade 3 students who subsequently score at Level 1 on
FCAT reading. The focus of the Intensive Acceleration
Class is to increase a child's reading level at least 2 grade
levels in 1 school year.
DOE Note: Applicable schools are those with retained grade 3
students who subsequently score at Level 1 on FCAT reading
.
Through this class, a retained 3rd grader
could
be promoted
from 3rd grade to 5th grade.
•
The Intensive Acceleration Class must:
o
be provided to
any
student in grade 3 who scores at
Level 1 on the reading FCAT and who was retained in
grade 3 the prior year because of scoring at Level 1 on
the reading FCAT
o
have a reduced teacher-student ratio
(DOE Note: the
teacher-student ratio is not defined, but it must be
lower than other 3rd grade classes)
12
What Stayed the Same
s.1008.25, Florida Statutes
What Is New
ss.1002.20, 1008.25, Florida Statutes
Intensive Acceleration Class for Retained Third Graders
(continued)
(s.1008.25(7)(b)8, F.S.; Bill page 18, lines 1-23)
o
provide uninterrupted reading instruction for the
majority of student contact time each day
o
incorporate opportunities to master the grade 4
Sunshine State Standards in
other
core subject areas
use a reading program that is scientifically research-
based and has proven results in accelerating student
reading achievement within the same school year
o
provide intensive language and vocabulary instruction
using a scientifically research-based program,
including
use of a speech language therapist
(DOE Note: This
provision does not mandate the use of a speech
language pathologist but rather allows the speech
language pathologist to be involved in designing the
Intensive Accelerated Class and, through multi-stream
funding, perhaps working with certain students whose
diagnosed reading deficiencies might best be
addressed by a speech language pathologist.)
o
include
weekly
progress monitoring measures to ensure
progress is being made.
(DOE Note: This progress
monitoring can be informal classroom assessments.)
13
What Stayed the Same
Back to top
s.1008.25, Florida Statutes
What Is New
ss.1002.20, 1008.25, Florida Statutes
Transitional Instructional Setting for Retained Third Graders
(s1008.25(7)(b)10, F.S.; Bill page 19, lines 1-8)
•
The district
must
provide a student who has been retained in
grade 3 and has received intensive instructional services but
is still not ready for grade promotion, as determined by the
school district, the
option
of being placed in a
transitional
instructional setting
. Such setting must specifically be
designed to produce learning gains sufficient to meet grade
4 performance standards while continuing to remediate the
areas of reading deficiency.
DOE Note: The essential issue is
what
is being provided to help the
student catch up, not
where
it is being provided.
Mid-year Promotion for Retained Third Graders
(s.1008.25(7)(b)4,
F.S.; Bill page 16, lines 1-15)
•
Districts must implement a policy for the mid-year promotion
of any retained student who can demonstrate that he or she
is a successful and independent reader at or above grade
level and is ready to be promoted to grade 4.
DOE Note: Mid-year promotion means promotion of a retained
student at any time during the year of retention once the student
has demonstrated ability to read at grade level.
(S.1008.25(5)(c)7, F.S., Bill page 13, lines 5-7)
•
Tools that school districts may use in reevaluating any student
retained may include:
o
subsequent assessments
o
alternative assessments
o
portfolio reviews, in accordance with rules of the State
Board of Education
•
Students promoted during the school year after November 1
must demonstrate proficiency
abo
ve
that required to score
at Level 2 on the grade 3 FCAT. The State Board of Education
will adopt standards that provide a reasonable expectation
that the student's progress is sufficient to master appropriate
4th grade
level reading skills.
14
What Stayed the Same
s.1008.25, Florida Statutes
Back to top
What Is New
ss.1002.20, 1008.25, Florida Statutes
Reporting Requirements
(formerly s.1008.25(7)(b), F.S.;
renumbered to s.1008.25(8), F.S.)
Each school board must annually publish in the local
newspaper, and report in writing to the State Board of
Education by September 1 of each year, the following
information on the prior school year:
•
The provisions of law relating to student progression
and the school board's policies and procedures on
student retention and promotion.
•
By grade, the number and percentage of all students
in grades 3-10 performing at Levels 1 and 2 on the
reading FCAT.
•
By grade, the number and percentage of all students
retained in grades 3-10.
•
Information on the total number of students who
were promoted for good cause, by each category
of good cause.
Any revisions to the district school board's policy on
student retention and promotion from the prior year.
Reporting Requirements
(s.1008.25(7)(b)8g-9, F.S., Bill page 18,
lines 24-31)
The district must report to the:
•
Department of Education, the prescribed manner the
progress of students in Intensive Acceleration Classes at
the end of the first semester.
•
State Board of Education,
as requested
, on the specific
intensive reading interventions and supports implemented
at the school district level.
DOE Note: DOE’s plans for these reports to be web-based
and data driven. Information will be provided to districts
before September.
State Board of Education/Department of Education
(formerly s.1008.25(8)-(9), F.S.; renumbered to
s.1008.25(9)-(10), F.S.)
•
The State Board of Education has authority to
enforce this law.
•
The Department of Education must provide technical
assistance to aid districts.
No change
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