(1) The State Board of Education shall comply with the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. ss. 6301 et seq., and its implementing regulations. The State Board of Education is authorized to adopt rules in compliance with the ESEA and, after evaluating and determining that the ESEA and its implementing regulations are consistent with the statements of purpose set forth in the ESEA (2002), may adopt rules to maintain compliance with the ESEA.

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   (2)(a) Pursuant to subsection (1) and ss. 1008.34, 1008.345, and 1008.385, the State Board of Education shall hold all school districts and public schools accountable for student performance. The state board is responsible for a state system of school improvement and education accountability that assesses student performance by school, identifies schools in which students are not making adequate progress toward state standards, and institutes appropriate measures for enforcing improvement.

   (b)() The state system of school improvement and education accountability must provide for uniform accountability standards, provide assistance of escalating intensity to low-performing schools, direct support to schools in order to improve and sustain performance, focus on the performance of student subgroups, and enhance student performance.

   (c)() School districts must be held accountable for improving the academic achievement of all students and for identifying and turning around low-performing schools.

   (3)(a) The academic performance of all students has a significant effect on the state school system. Pursuant to Art. IX of the State Constitution, which prescribes the duty of the State Board of Education to supervise Florida’s public school system, the State Board of Education shall equitably enforce the accountability requirements of the state school system and may impose state requirements on school districts in order to improve the academic performance of all districts, schools, and students based upon the provisions of the Florida K-20 Education Code, chapters 1000-1013, and the federal Elementary and Secondary Education Act, 20 U.S.C. ss. 6301 et seq., and its implementing regulations.

   (b)() For the purpose of determining whether a public school requires action to achieve a sufficient level of school improvement, the Department of Education shall annually categorize a public school in one of six categories based on the school’s grade, pursuant to s. 1008.34, and the level and rate of change in student performance in the areas of reading and mathematics, disaggregated into student subgroups as described in the federal Elementary and Secondary Education Act, 20 U.S.C. s. 6311(b)(2)(C)(v)(II).

   (c)() Appropriate intervention and support strategies shall be applied to schools that require action to achieve a sufficient level of improvement as described in paragraph (b). The intervention and support strategies must address student performance, including, but not limited to, improvement planning, leadership quality improvement, educator quality improvement, professional development, curriculum alignment and pacing, and the use of continuous improvement and monitoring plans and processes. The State Board of Education may prescribe reporting requirements to review and monitor the progress of the schools.

   (4) The Department of Education shall create a matrix that reflects intervention and support strategies to address the particular needs of schools in each category.

   (a)() Intervention and support strategies shall be applied to schools based upon the school categorization. The Department of Education shall apply the most intense intervention strategies to the lowest-performing schools. For all but the lowest category and “F” schools in the second lowest category, the intervention and support strategies shall be administered solely by the districts and the schools.

   (b)() The lowest-performing schools are schools that have received:

   (1.) A grade of “F” in the most recent school year and in 4 of the last 6 years; or

   (2.) A grade of “D” or “F” in the most recent school year and meet at least three of the following criteria:

   (a.) The percentage of students who are not proficient in reading has increased when compared to measurements taken 5 years previously;

   (b.) The percentage of students who are not proficient in mathematics has increased when compared to measurements taken 5 years previously;

   (c.) At least 65 percent of the school’s students are not proficient in reading; or

   (d.) At least 65 percent of the school’s students are not proficient in mathematics.

   (5)(a) In the school year after a school is initially identified as a school in the lowest-performing category, the school district must submit a plan, which is subject to approval by the State Board of Education, for implementing one of the following options at the beginning of the next school year. The plan must be implemented unless the school moves from the lowest-performing category:

   (1.) Convert the school to a district-managed turnaround school by means that include implementing a turnaround plan approved by the Commissioner of Education which shall become the school’s improvement plan;

   (2.) Reassign students to another school and monitor the progress of each reassigned student;

   (3.) Close the school and reopen the school as one or more charter schools, each with a governing board that has a demonstrated record of effectiveness; or

   (4.) Contract with an outside entity that has a demonstrated record of effectiveness to operate the school.

   (b)() If a school does not move from the lowest-performing category during the initial year of implementing one of the options in paragraph (a), the school district must submit a plan, which is subject to approval by the State Board of Education, for implementing a different option in paragraph (a) at the beginning of the next school year, unless the State Board of Education determines that the school is likely to move from the lowest-performing category if additional time is provided to implement intervention and support strategies. The State Board of Education shall determine whether a school district may continue to implement an option beyond 1 year while a school remains in the lowest-performing category.

   (6) In order to advance to a higher category, a school must make significant progress by improving its school grade and by increasing student performance in mathematics and reading. Student performance must be evaluated for each student subgroup as set forth in paragraph (3)(b).

   (7) Beginning July 1, 2009, the Department of Education shall commence its duties under this section.

   (8) By July 1, 2010, the State Board of Education shall adopt rules pursuant to ss. 120.536(1) and 120.54 to administer this section. The state board shall consult with education stakeholders in developing the rules.

s. 377, ch. 2002-387; s. 1954, ch. 2003-261; s. 45, ch.