2004 Legislative Report

Legislative Report 2004
By Bob Cerra, FASSW Legislative Specialist

After a relatively calm Legislative Session that saw many of the major and minor bills lost in the final hours of negotiations between the House and Senate leadership, it is time to assess the results as it relates to the FASSW Legislative Platform. Given the tightness of the budget and tremendous amount of personal friction between Senate President Jim King and House Speaker Johnnie Byrd, it might surprise you to see how many of the policy statements in the FASSW Platform were resolved in a positive manner.

I have included the FASSW Platform policy statements with an analysis of how each was addressed during the 2004 Legislative Session.

Family and School Partnerships

FASSW urges continued Full Service Schools funding of school social worker efforts to provide linkages between families, schools and local resources. School social workers improve parental involvement and student attendance that impacts overall academic performance. We also encourage comprehensive legislation that addresses the social, emotional and economic needs of families and children.

Even after the Governor failed to recommend specific funding for Full Service Schools in his budget request in January, the Legislature continued the funding for this important line item at $8.5 million for 2004-2005. Recognition should be given to Representative Carol Green (R-Ft. Myers) and Senator Durell Peadon (R-Crestview) for their assistance in getting this item funded this year.

Career Ladder for Teachers

FASSW urges the Legislature to expand the BEST Program to include all full time instructional personnel. School social workers are certified teachers who work to improve student performance by providing student support services to at-risk children and families. All pupil services personnel should have the opportunity to receive bonuses based upon their achievements and contributions towards improved classroom outcomes.

A House Bill that was under consideration for the entire Session would have supported FASSW’s position that the BEST Career Ladder Program for classroom teachers should have been expanded to include all instructional personnel ultimately was substituted for a Senate version of the bill that delayed the implementation of the program for a year instead. The four districts that had previously piloted the implementation of the project will either discard the program in 2004-2005, or they will have to come up with millions of dollars to pay for the program out of their own district funds. While FASSW had hoped that this program could be expanded to recognize all instructional personnel, delaying and possibly even repealing this program next year may prove to be easier than expanding the program because of the costs for the program and because some legislators want the program to be exclusive to classroom teachers. At least with the delay, school social workers will not be unfairly kept out of the program this year.
FASSW owes Rep. Heather Fiorentino (R-New Port Richey) a great debt of thanks for sponsoring the amendments to expand the BEST Program in the House legislation. She took on some of the leadership of the House in getting that language attached to their version of the Teacher Quality Bill.

Best Practices for Student Services

FASSW encourages the Legislature and the Department of Education to develop and promote new best practices models for student services professionals in light of the contributions that can be made by these professions toward the No Child Left Behind Act, Florida's A+ Plan and the "Just Read, Florida" project. New data driven strategies and tactics tied to these initiatives would help student services programs enhance their contributions to successful student performance outcomes.

One bill that did pass during the recent Session was SB 354 relating to Educational Instruction. One of the major provisions of this bill is a comprehensive study of middle school instructional practices with the goal of improving the instruction of reading as measured through the reading FCAT. Part of this comprehensive study includes looking at best practices for student services. Another part looks at the role of student attendance policies on improving student performance in reading. FASSW will be compiling performance data and best practice suggestions to submit to the Department of Education as they conduct this important research. The DOE must issue a report on this study by December 1, 2004 on the results of their study.

Student Progression

FASSW supports the continued use of both the FCAT and reasonable "good cause" exemptions for deciding educational placement. We urge recognition of efforts from qualified student services staff that respond to the needs of students and teachers in relation to student progression, promotion and retention issues.

Another bill that did pass this year was SB 364. This bill contained major changes designed to tighten up the recently established accelerated graduation program, allowed certain SAT or ACT scores to substitute for failing 10th grade FCAT scores with regard to the current year’s graduating class, and included major changes to the requirements for servicing students who are deficient in reading in the 3rd Grade. Some of the provisions of the bill include:

Specifying in Law that failure on the 3rd Grade FCAT is not the sole determiner of promotion or retention.
Requiring districts to provide mid-year promotion opportunities for students who are retained in the 3rd Grade and especially recognizing the use of a student portfolio during the portion of the year when the student is retained as a method for promoting students who are brought up to grade level at any point during the school year.
Expanding the "good cause exemptions" for promoting students to include those who have been retained previously twice in any grade K-3 instead of K-2 or for those ESE students who have been retained once previously in any grade K-3 instead of K-2.
Provide additional services to those students who are retained with the goal of getting them on grade level with their reading.

The provisions of this bill relating to 3rd Grade Retention were largely shaped by Rep. Ralph Arza (R-Miami). His ideas, which were ultimately passed by the full Legislature, largely reflect the goals of FASSW to maintain key elements of the accountability system while also providing greater respect to the professional roles of our school instructional personnel in making promotion and retention decisions.

Early Intervention Initiatives

FASSW promotes early intervention initiatives that increase learning, reduce violence and promote school safety. Professional school social workers provide extended social casework services that focus on the child's total needs. We work to improve the behavior, safety and academic success of all students.

Two major bills passed that relate to the "Early Intervention" statement in the FASSW platform. House Bill 821 provides the current implementation plan as it relates to the Constitutional Amendment requiring Universal Pre-Kindergarten (UPK) to be available by the 2005-2006 school year. The other bill to pass in this area was SB 184 relating to Student Discipline.
The verdict is still out on the relative benefits and drawbacks to the UPK plan as envisioned in HB 821. The bill would establish a voucher program were students could attend eligible program at public, private or parochial schools. The instructors in the programs would need to obtain a CDA credential. Accreditation requirements for the schools would be very loose. Two basic types of programs would be established: a year round, 540-hour program; or a summer only, 300 hour program. A summer pilot of the 300-hour program by selected school districts is envisioned for this budget year in ten school districts ($7 million appropriated for a $2,500 per student allocation). The Governor could veto only the pilot program by vetoing the funding; he could veto the entire bill requiring the Legislature to start over next Session; or he could allow this bill to become law. Even if this bill becomes law, look for changes to be made during the 2005 Session.

Senate Bill 184 removes a provision from state law that automatically made it a violation of the law just to possess a pager on school property while simultaneously requiring each school district to create its own local policy on the use of any wireless communications device while on school grounds. The original provision dates back to the 1980’s when needing a pager on school grounds was closely linked to illegal activities. The new provision will allow each district to address the issues surrounding the use of pagers, cell phones, and other wireless communications devises as they see fit. Our members should provide input to their local district’s policy makers as it relates to this issue to insure that each local policy meets the needs of their students and district.

National Certification

FASSW advocates the inclusion of school social workers in Florida’s Excellent Teaching Program by recognizing the national School Social Work Specialist Credential as equal to the NBPTS certification.

No direct movement was made during the 2004 Session on this issue. Language was added to SB 2986 that would allow the State Board of Education to recognize other national certification boards. It is possible that this authority could one day be utilized to recognize a national credential for school social workers, but the language in the bill was specifically designed to allow a current competitor to the National Board of Professional Teacher Standards to participate in the Excellent Teaching Program.

Maximizing Equality

FASSW opposes any legislative action, state proposition or administrative rule that denies or limits educational, health, social services, housing or employment opportunities to any individual.

I could not identify any bills that passed that would run contrary to the goals of our "Maximizing Equality" statement. That would have to be seen as a success.

2004 Election Season

Unless an unforeseen crisis erupts in the next few weeks, all legislative policy making will take a break until mid-November after all of the elections are completed. FASSW members who want to see increased recognition and progress on the FASSW Legislative Platform can support our efforts for good legislation by becoming involved in the local campaigns of candidates for State House and State Senate who are supportive of our goals. We cannot expect for the right people to get elected if we do not get involved in the process.

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