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Technical Assistance
Paper
Reference:
DPS Memo #03-024
Contacts:
Mary Jo Butler Michael Tremor Ruth Gumm- Shearon
(850) 488-6726 (850) 487-880 (850) 487-3506
Suncom: 278-6726 Suncom 277-8804 ruth.gumm@fldoe.org
Fax: (850) 488-9840 Fax: (850) 922-0028
maryjo.butler@fldoe.org michael.tremor@fldoe.org
Student Progression Requirements for 2002-2003
Effective Dates
1. Q: Do the new provisions of law passed by the 2002
Legislature regarding student progression, remediation,
and retention apply to students in the 2002-2003 school
year?
A:
Yes. The new provisions of the School Code rewrite go into
effect on January 7, 2003. Those changes will be in effect
for the 2002-2003 school year.
2. Q. When must districts modify their student progression
plans to incorporate the new provisions of s.1008.25,
Florida Statutes?
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A.
District student progression plans must be revised and in
effect for the 2002-2003 school year so parents and students
understand what is required for promotion at the end of that
school year. As stated above, language in the statute
provides for certain provisions to go into effect for the 2002-
2003 school year.
Mandatory Retention at Third Grade
3. Q. Does the retention mandated by s.1008.25(5)(a), Florida
Statutes, apply to all third graders who do not score
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Level 2 or above on the reading FCAT?
A.
Yes. The legislative intent is that no student will be
promoted from grade 3 without demonstrating proficiency in
reading. Therefore, school districts must initiate a process
whereby the reading proficiency level of each student in
grades 1, 2, and 3 is determined at the beginning of the
school year. Since 2002-2003 is the first year of
implementation of the “mandatory retention” requirements at
third grade, it is essential that the reading proficiency level of
each third grade student is determined and remediation
services are provided, as appropriate. Districts should also
provide for the assessment of students that enroll in school
at various times during the school year so that their reading
proficiency levels will also be determined. Any student who
scores below Level 2 on the Grade 3 reading FCAT and who
is unable to demonstrate reading proficiency through an
alternative assessment or convincing portfolio should have
been previously identified and provided remediation.
The new law sets the Grade 3 reading FCAT as the critical
gateway to identify students who, after remediation, are still
unable to demonstrate reading proficiency and clearly need
more time to learn the basic skill of reading. If the student is
able to demonstrate proficiency through alternative, state-
approved tests or a portfolio of classroom work, the student
may be promoted for good cause.
4. Q. If a student transfers into a district late in his/her third
grade year after the administration of the FCAT and is
subsequently identified for the first time as substantially
deficient in reading, must that student be retained even
though there has been little or no time to remediate that
student?
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A.
A school should immediately assess the reading proficiency
of any student transferring into the district to determine if
remediation is appropriate. If the student enters after
administration of the FCAT, it would be up to the district to
assess the student’s reading proficiency at the end of the
year to determine if the student needs to repeat the third
grade. If a student transfers in time to take the FCAT, that
score would assist in determining the student’s retention or
promotion.
FCAT Performance and Promotion
5. Q. Must a student “pass” the state assessment test in
grades 4-10 in order to be promoted?
A.
No. Promotion and retention decisions must be based on a
number of factors, as provided in s. 1008.25(7)(a), Florida
Statutes, but state assessments are an important factor.
The decision to promote should be based on a student’s
ability to perform the more difficult work of the higher grade,
and the decision to retain should be based on the student’s
need for additional time to secure a firm foundation in the
basic skills or master the Sunshine State Standards at that
grade.
In addition, passing the tenth-grade FCAT is a requirement
for graduation.
6. Q. How do indicators of growth in learning (gain scores)
affect promotion/retention policies?
A.
Section 1008.25, Florida Statutes, does not address
indicators of growth in learning (gain scores) as a factor in
the state requirements for student progression. Districts
may incorporate gain scores in district-required levels of
proficiency for pupil progression, but the intent of the law is
that students must meet
absolute
standards of proficiency to
be promoted.
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Previous Retentions
7. Q: Section 1008.25(2)(c), Florida Statutes, provides that, in
the case of students retained two or more years, the
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district student progression plan must provide for an
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appropriate alternative placement. What is meant by
alternative placement?
A: It is intended that the alternative placement would provide
the student with intensive differentiated instruction designed
to remediate the student’s academic deficiencies and include
opportunities for the student to be placed in small group
instructional settings. Each district should design such
placements using local resources and expertise.
8. Q. May a student who has not met the levels of proficiency
for promotion but who has been retained two previous
times be “promoted” to an alternative placement so
that, while the student does not fall further behind,
he/she is
receiving intensive instruction to catch up and
can be separated from younger students? For example,
some districts have established an alternative school site
at the middle school level. Could an overage elementary
student be “promoted” to qualify for attendance at such
a school?
A.
Yes, but the program must be designed to address the
student’s deficiencies in an intensive, individualized manner
and not be a placement in a regular classroom at a higher
grade.
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Options for Remediation and Promotion
9. Q. DPS Memorandum 00-015, August 18, 1999, listed three
options available to districts for students who did not
meet district and state levels of proficiency for pupil
progression: (1) remediate before the beginning of the
next school year and promote, (2) promote and
remediate in the following school year with intensive
remediation, and (3) retain and remediate. Are these
options still available?
A.
No, not for third-grade students with reading deficiencies
who have been provided remediation. These students must
either demonstrate proficiency by scoring Level 2 or above on
the reading FCAT or be promoted for one of the good causes
specified in statute. However, a third-grade student meeting
the criteria for mandatory retention could be promoted for
good cause if an approved alternative assessment test
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administered at the end of the school year or after a
remediation provided during the summer months
demonstrates the student’s proficiency in reading. For other
grades and subjects, these options remain, but option #2
should be used only in special cases
.
10. Q. Can a student who has failed to meet the levels of
performance for pupil progression be “conditionally
promoted” to the next grade?
A.
No, not if the student is a third-grader who has previously
identified reading difficulties, had been provided
remed
i
ation, and does not score Level 2 or above on the
Grade 3 reading FCAT. At other grades and for other
subjects, conditional promotion continues to be a district
option. However, the use of this option should be limited.
11. Q. Can a school district require attendance in summer
school as a condition of promotion?
A.
A school district may not require attendance in summer
school as a condition of promotion because promotion must
be based on demonstration of proficiency rather than the
completion of a particular course. However, the district can
advise the parent that without participation in summer
school the student will not be promoted and that
participation in summer school is an opportunity to bring
the student’s proficiency to a level that would allow him or
her to be promoted.
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Good Cause Exemptions
12. Q. Do the good cause exemptions listed in s.1008.25(6)(b),
Florida Statutes, apply only to the mandatory retention
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at third grade for reading deficiencies or to all grades?
A.
The statutory language on good cause applies only to the
mandatory retention at third grade for reading deficiencies,
but school districts may apply the same or similar language
to all grades and other subjects through local school board
policy.
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13. Q. If a student is promoted under the good cause provisions
of s.1008.25(6)(b), Florida Statutes, what is the proper
terminology for such a promotion? Is it a “promotion”
or “promotion for good cause” or “exemption from
mandatory retention for good cause”?
A.
It would be appropriate to label such a promotion as
“promotion for good cause.” The district is required to report
such promotions by good cause category to the public and
the State Board of Education following the 2002-2003 school
year.
14. Q. If a student has had extenuating circumstances, such as
a family tragedy or similar event, during a school year
that prevented the student from demonstrating
proficiency both in schoolwork and tests, can that
student be promoted under good cause?
A.
No, such a situation would not be a good cause exemption
from mandatory retention in third grade for reading
deficiencies. Those good causes are specified in law, and a
district may not establish additional good causes in this
case. A district might consider this as a good cause for other
grades and subjects, but it should be kept in mind that such
a student has not learned the knowledge and skills required
in the current grade and is unlikely to be prepared for the
more difficult work of the next grade.
Parental Involvement
15. Q. When should the notice to parents of students identified
as having a reading deficiency be provided?
Districts should provide the required notice to parents of
third grade students as soon as practicable after the reading
proficiency levels of the student have been determined.
Informing parents early of their child’s reading difficulties
allows for families to become informed and involved in their
child’s remediation strategies.
16. Q. What can parents do if they disagree with a district
promotion or retention decision?
A.
Section 230.23(6)(a)/1003.02(1)(a), Florida Statutes, gives a
district school board the authority for classifying, promoting,
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and graduating students. Parental approval for such
placement decisions is not required, but the parents should
be provided an explanation of the information on which the
decision was based, and schools should try to enlist the
parents’ support for remediation efforts. It is also likely that
parental awareness of the district’s pupil progression policies
will be increased with the required annual reporting in a
local newspaper.
17. Q. Can a parent refuse remedial or supplemental academic
instruction?
A.
A school district has the authority and responsibility to
design the student’s course of study. While s.1008.25,
Florida Statutes, requires a school to develop an academic
improvement plan in consultation with the parent, it does
not require parental approval nor does it give the parent the
right to veto an academic improvement plan. It is the school
that is held accountable for the student’s success.
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Alternative Assessments and Portfolios
18. Q. What alternative assessments will be allowed in
determining good cause exemptions for retention at
grade 3 for reading deficiencies under s.1008.25(6)(b)3,
Florida Statutes, and when will a list of approved
assessments be available?
A.
Only those alternative assessments approved by the State
Board of Education may be used in determining a good
cause promotion from the third grade. A list of such
assessments will be developed through the promulgation
process for a State Board of Education Rule. It is
anticipated that such a list will be available by spring 2003.
19. Q. What does a student portfolio that is being used
for a good cause exemption promotion include?
A.
A student portfolio includes student work that demonstrates
student achievement above Level I on the reading FCAT. The
portfolio, consisting of work collected throughout the school
year, includes examples of mastery of the grade-appropriate
Reading Sunshine State Standards.
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Some examples are alternate assessments administered by
the school or district, end-of-chapter tests, and samples of
student work--all reflective of the Sunshine State Standards.
Letters from the guidance counselor or observations by the
teacher in the absence of examples of student work do not
qualify for demonstration of student achievement.
Established gains in the portfolio must demonstrate
achievement above a Level I. Gains within a Level I do not
qualify a student for promotion as part of the good cause
exemption.
Students with Disabilities
20. Q. Previously, most districts have permitted individual
educational plan (IEP) teams to make decisions regarding
the promotion/retention of students with disabilities. Is
this still permitted for students with disabilities in third
grade ?
A.
No, the new provisions of s.1008.25(5)(b), Florida Statutes,
apply to
all students
in third grade. However, for the small
percentage of students with disabilities for whom the
Sunshine State Standards are not appropriate standards for
learning, such students may be promoted for good cause.
(See s.1008.25(6)(b)2, Florida Statutes.)
For the majority of students with disabilities, the Sunshine
State Standards and participation in the FCAT are
appropriate. For these students with disabilities in third
grade, districts must determine each student’s reading
proficiency level and if a deficiency is present
•
provide the student’s parents with the required notice
•
include the required components (see s.1008.25(4)(b),
Florida Statutes) in the student’s IEP
•
provide appropriate remediation services, which may be
provided through special education
•
reassess the student’s reading proficiency levels.
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Academic Improvement Plans
21. Q. To which grades does the requirement for academic
improvement plans apply?
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A.
It applies to any grade in which any student’s deficiencies in
reading, writing, mathematics, and/or science are identified.
Annual Reporting Requirements
22. When will school districts be required to publish in the
local newspaper and report to the State Board of
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Education the data required by s.1008.25(7)(b), Florida
Statutes?
Beginning in 2003, school districts will be required to
publish in a local newspaper and report to the Department of
Education certain information before September 1, 2003,
and every year thereafter. Copies of these reports and the
districts’ student progression plans must be sent to the
DOE. These documents, along with district’s FCAT scores
and student retention data, will be submitted to the State
Board of Education.
23. Q. Since student progression plans are lengthy, how much
of the district’s plan must be published in the
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newspaper?
A.
Districts must include only those portions of their student
progression plans that address school-board student
retention and promotion policies and procedures.
Additional questions will be addressed in subsequent technical
assistance documents. If you have questions to be included in the next
document, send them to Michael Tremor, Education Policy Consultant,
Florida Department of Education, 444 Turlington Building, 325 West
Gaines Street, Tallahassee, Florida 32399-0400, (850)487-8804, Suncom
277-8804, but preferably by e-mail to michael.tremor@fldoe.org.
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