MEMORANDUM

FLORIDA DEPARTMENT OF EDUCATION
BETTY COXE
CHARLIE CRISTDEPUTY COMMISSIONER
CommissionerEDUCATIONAL PROGRAMS
M E M O R A N D U M
1. _
  1. _

FLORIDA DEPARTMENT OF EDUCATION

CHARLIE CRIST

DEPUTY COMMISSIONER

EDUCATIONAL PROGRAMS

CONTACT PERSONS

Name: Mike Tremor

Phone: (850) 48

726 Phone: (850) 487-8804

726 Suncom: 277-8804

:maryjo.butler@FLDOE.org michael.tremor@FLDOE.org

Ruth Gumm-Shearon

DPS: 03-024

E-mail: ruth.gumm@FLDOE.org

M E M O R A N D U M

School District School Superintendents

August 26, 2002

SUBJECT: Changes in the School Code Regarding Student Progression

Senate Bill 20E, passed by the Legislature in May 2002, revises the Florida School Code

effective January 7, 2003. Included in the revisions are changes to the requirements for school

district pupil progression plans, now called student progression plans. The policy interpretations

provided in this memorandum supersede all previous policy memoranda regarding pupil/student

progression. These changes will be in effect for student promotion at the end of the 2002-2003

school year. School districts should incorporate these statutory changes into school district policy

by revising the student progression plan so that it will be effective for the 2002-2003 school year.

Unchanged 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 school board policies facilitate such proficiency; and that each student and his or her parent

be informed of that student's academic progress.

PLAZA LEVEL – 08, THE CAPITOL – TALLAHASSEE, FLORIDA 32399-0400 – (850) 413-0555 – FAX (850) 488-2869

http:/www.firn.edu/doe

An affirmative action/equal opportunity employer

August 26, 2002

Comprehensive Program for Student Progression

Each school district must continue using a comprehensive program for student progression that

standards for evaluating each student's performance, including mastery of the Sunshine State

specific levels of performance in reading, writing, science, and mathematics for each grade

level that includes, where appropriate, the levels of performance on statewide assessments

defined by the Commissioner of Education below in which a student must receive

remediation or be retained

for a student who has been retained, provision of an intensive program that is different from

the previous year's program and that takes into account the student's learning style;

appropriate alternative placement for a student who has been retained two or more years.

(Previously the law required only that school districts consider such alternative placement.

It is now required.)

Allocation of Resources

A new provision requires school districts to allocate remedial and supplemental instruction

resources to students in the following priority:

first, to students who are deficient in reading by the end of grade three

next, to students who fail to meet performance levels required for promotion.

Assessment and Remediation

Each student must participate in the statewide assessment program.

student who does not

meet specific levels of performance in reading, writing, science, and mathematics for

as determined by:

the school district, or

the Commissioner of Education for grades with statewide assessments

PLAZA LEVEL – 08, THE CAPITOL – TALLAHASSEE, FLORIDA 32399-0400 – (850) 413-0555 – FAX (850) 488-2869

http:/www.firn.edu/doe

An affirmative action/equal opportunity employer

August 26, 2002

must be provided with additional diagnostic assessments to determine the nature of the student's

difficulty and areas of academic need.

student with identified and diagnosed deficiencies, the school must develop, in

consultation with the student's parent, and

must implement

an academic improvement plan (AIP)

to assist the student in meeting state and district expectations for proficiency.

Beginning with the 2002-2003 school year, if the student,

, has been identified as

having a deficiency in reading, the AIP must identify the following:

the student's specific areas of deficiency in

phonemic awareness

the desired levels of performance in these areas

the instructional and support services to be provided to help the student achieve the desired

levels of performance.

Schools must also provide for frequent monitoring of the student's progress. The Commissioner

of Education has determined the following levels of performance for student progression.

Students who score at achievement Level 1

on the Florida Comprehensive Assessement

Test (FCAT) Sunshine State Standards tests in reading and mathematics in grades 3-10

will be required to receive remediation through an AIP or be retained, as determined by the

district student progression plan. Retention decisions should be based on more than a single

Students who score lower than 3 on

the FCAT writing tests at grades 4, 8, and 10

required to receive remediation through an AIP or be retained, as determined by the district

student progression plan.

Retention decisions should be based on more than a single test

Remedial instruction provided during high school may not be in lieu of English and mathematics

credits required for graduation. While not addressed in the law, best practice indicates that

middle- and high-school English courses are not appropriate for the remediation of reading

difficulties since these courses are designed to address other critical knowledge and skills besides

basic reading proficiency.

PLAZA LEVEL – 08, THE CAPITOL – TALLAHASSEE, FLORIDA 32399-0400 – (850) 413-0555 – FAX (850) 488-2869

http:/www.firn.edu/doe

An affirmative action/equal opportunity employer

August 26, 2002

Upon subsequent evaluation after remediation, if the documented deficiency has not been

remediated in accordance with the AIP, the student

be retained. Each student who does not

meet the minimum performance expectations defined by the Commissioner of Education for the

statewide assessment tests in reading, writing, science, and mathematics must continue to be

provided with remedial or supplemental instruction until the expectations are met or the student

graduates from high school or is not subject to compulsory school attendance.

Reading Deficiency and Parental Notification

In the new law, the Legislature expresses its goal that every student read at or above grade level.

Any student who exhibits a substantial deficiency in reading, based on teacher observations or

local or state assessments conducted in grades K-3

reading instruction

immediately following the identification of the reading deficiency. The student's reading

proficiency must be reassessed by locally determined assessments or through teacher

observations at the beginning of the grade following the intensive reading instruction. The

student must continue to be provided with intensive reading instruction until the reading

deficiency is remedied.

New language provides that beginning with the 2002-2003 school year, the parent of any student

in grades K-3 who exhibits a substantial reading deficiency must be notified in writing of the

that the child has been identified as having a substantial reading deficiency

a description of the current services that are provided to the child

a description of the proposed supplemental instructional services and supports that will be

provided to the child that are designed to remediate the identified area of reading deficiency

that if the child's reading deficiency is not remediated by the end of grade 3, the child must

be retained unless exempted from mandatory retention for good cause.

Beginning with the 2002-2003 school year, if the student's reading deficiency is not remedied by

the end of grade 3, as demonstrated by scoring at Level 2 or higher on the grade 3 reading

portion of the FCAT Sunshine State Standards, the student

be retained, unless exempted for

(The change moves the reading promotion gateway from grade 4 to grade 3 and

places in statute the FCAT level requiring retention.)

PLAZA LEVEL – 08, THE CAPITOL – TALLAHASSEE, FLORIDA 32399-0400 – (850) 413-0555 – FAX (850) 488-2869

http:/www.firn.edu/doe

An affirmative action/equal opportunity employer

August 26, 2002

Elimination of Social Promotion

The law continues to require that no student may be assigned to a grade level based solely on age

or other factors that constitute social promotion. This also prevents administrative placement

that is without regard to the student’s proficiency. Grade 3 reading proficiency is now the state

focus of accountability for no social promotion, but no student who is not ready for the more

difficult work of the next grade should be promoted.

School districts must assist schools and teachers to implement research-based reading activities

that have been shown to be successful in teaching reading to low-performing students.

Good Cause Exemptions from Mandatory Retention

The school district may exempt students in grade 3 who demonstrate a continued deficiency in

reading from mandatory retention only for good cause. These good cause exemptions are now

specified in statute and are limited to the following:

limited English proficient students who have had less than two years of instruction in an

English for Speakers of Other Languages program

students with disabilities, whose individual educational plan (IEP) indicates that

participation in statewide assessment is not appropriate, consistent with the requirements of

State Board of Education rule

students who demonstrate an acceptable level of performance on an alternative standardized

reading assessment approved by the State Board of Education

students who demonstrate, through a student portfolio, that they are 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 FCAT

students with disabilities who participate in FCAT and who have an individual educational

plan or a Section 504 plan that reflects that they have received intensive remediation in

reading for more than two years but still demonstrate a deficiency in reading and were

previously retained in grades K, 1, or 2

Third-grade students who have received intensive remediation in reading for two or more

years but still have deficiency in reading and were previously retained in K, grade 1, or grade

2 for a total of two years. If promoted under this exemption, intensive reading instruction

must include an altered instructional day based on an AIP that includes specialized diagnostic

information and specific reading strategies.

Districts may use this or similar good cause language at other grades and for other subjects, but it

is not required by statute.

PLAZA LEVEL – 08, THE CAPITOL – TALLAHASSEE, FLORIDA 32399-0400 – (850) 413-0555 – FAX (850) 488-2869

http:/www.firn.edu/doe

An affirmative action/equal opportunity employer

August 26, 2002

Requests for good cause exemptions from the mandatory retention in grade 3 based on

performance demonstrated by a state-approved alternative reading assessment or by portfolio (#3

and #4 above) must be consistent with the following:

Documentation must be submitted by the student's teacher to the principal that indicates that

the promotion of the student is appropriate and is based upon the student's academic record.

In order to minimize paperwork requirements, such documentation can consist only of the

existing AIP, IEP, if applicable, report card, or student portfolio. While not mentioned

specifically in the law, LEP Student Plans and alternate test scores would also be appropriate

The principal must review and discuss the recommendation with the teacher and determine

promotion or retention. If the principal determines that the student should be promoted, the

principal must make the recommendation in writing to the superintendent.

The superintendent must accept or reject the principal's recommendation in writing.

Annual Reports

Each school district continues to be required to report annually to the parent of

progress of the student towards achieving state and school district expectations for proficiency in

reading, writing, science, and mathematics, including the student's results on each statewide

assessment test. The evaluation of each student's progress for this report must be based on

classroom work, observations, tests, district and state assessments, and other relevant

information. Progress reporting must be provided to the parent in writing in a format adopted by

the school board.

The new law now provides that each school district must annually publish in a local newspaper

and report in writing to the State Board of Education by September 1 of each year, beginning

with 2003, the following information on the prior school year:

the provisions of the law relating to public school student progression

(Only those portions of

the law relating to student progression need to be published in the newspaper.)

the school district’s policies and procedures on student retention and promotion

portions of the student progression plan relating to retention and promotion need to be

published in the newspaper.)

by grade, the number and percentage of all students in grades 3-10 performing at Levels 1

and 2 on the reading portion of the FCAT

by grade, the number and percentage of all students retained in grades 3 through 10

information on the total number of students who were promoted for good cause

PLAZA LEVEL – 08, THE CAPITOL – TALLAHASSEE, FLORIDA 32399-0400 – (850) 413-0555 – FAX (850) 488-2869

http:/www.firn.edu/doe

An affirmative action/equal opportunity employer

August 26, 2002

any revisions to the school district’s policy on student retention and promotion from the prior

Copies of the districts’ published report in the local newspaper and their revised student

progression plans will need to be sent to the Department of Education (DOE). This information,

along with FCAT and student retention data, will be reported by DOE to the State Board of

State Board Enforcement Authority and Responsibilities

The law now provides the State Board of Education with the authority to enforce this statute.

Department of Education Technical Assistance

The law also requires the DOE to provide technical assistance as needed to assist districts. To

provide such assistance, enclosed are the following:

technical assistance paper

one-page fact sheet on expectations for third-grade students: reading and student progression

PowerPoint presentation

In the next few weeks, DOE will also provide:

sample notice to parents, in English and Spanish

expanded technical assistance papers including issues regarding students with disabilities and

students with limited English proficiency

“model” student progression plan (your director of student services received a DRAFT of

this document in the spring)

parent information booklet

resources for teachers to use in identifying and remediating reading deficiencies

sample academic improvement plan

The Department of Education is introducing an alternative to bulk mail communications to districts

and schools. We are excited about this project because it will not only reduce the amount of paper

and postage used, it will increase our ability to communicate with you. Please review the attachment

PLAZA LEVEL – 08, THE CAPITOL – TALLAHASSEE, FLORIDA 32399-0400 – (850) 413-0555 – FAX (850) 488-2869

http:/www.firn.edu/doe

An affirmative action/equal opportunity employer

PLAZA LEVEL – 08, THE CAPITOL – TALLAHASSEE, FLORIDA 32399-0400 – (850) 413-0555 – FAX (850) 488-2869

http:/www.firn.edu/doe

An affirmative action/equal opportunity employer

August 26, 2002

to this memorandum regarding how to register and receive electronic communications from the

cc: Assistant Superintendents for Instruction

Student Services Directors

Guidance Contacts