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    An act relating to public school educational
    instruction; creating s. 1003.415, F.S.;
    providing the popular name the "Middle Grades
    Reform Act"; providing purpose and intent;
    defining the term "middle grades"; requiring a
    review and recommendations relating to
    curricula and courses; requiring implementation
    of new or revised reading and language arts
    courses; providing for implementation of a
    rigorous reading requirement in certain
    schools; requiring the Department of Education
    to provide technical assistance; requiring a
    study of the academic performance of middle
    grade students and schools with recommendations
    for an increase in performance; requiring a
    personalized middle school success plan for
    certain students; providing authority for State
    Board of Education rulemaking and enforcement;
    requiring the Department of Education to
    conduct a study on physical education in public
    schools; requiring a report to the Governor and
    the Legislature; requiring the Department of
    Education to develop a physical fitness
    assessment instrument and support materials for
    fitness assessment programs; amending s.
    1001.42, F.S.; requiring a school improvement
    plan to include the rigorous reading
    requirement if applicable; requiring district
    school boards to address student health and
    fitness in school improvement plans; requiring
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    district school boards to adopt policies for
    implementing student health and fitness
    standards; creating s. 1003.455, F.S.;
    requiring district school boards to develop
    physical education programs; requiring district
    school boards to adopt written physical
    education policies; requiring that the policies
    be provided to the Department of Education;
    requiring school districts to implement
    mandatory physical education under certain
    circumstances; amending s. 1012.98, F.S.;
    providing for the development of an
    Internet-based clearinghouse at a public state
    university for professional development
    programs concerning physical education;
    amending s. 1008.25, F.S.; requiring a
    personalized middle school success plan to be
    incorporated in a student's academic
    improvement plan if applicable; amending s.
    1012.34, F.S.; revising assessment criteria for
    instructional personnel; providing an
    appropriation; providing an effective date.
    Be It Enacted by the Legislature of the State of Florida:
    Section 1. Section 1003.415, Florida Statutes, is
    created to read:
    1003.415 The Middle Grades Reform Act.--
    (1) POPULAR NAME.--This section shall be known by the
    popular name the "Middle Grades Reform Act."
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    (2) PURPOSE AND INTENT.--The purpose of this section
    is to provide added focus and rigor to academics in the middle
    grades. Using reading as the foundation, all middle grade
    students should receive rigorous academic instruction through
    challenging curricula delivered by highly qualified teachers
    in schools with outstanding leadership, which schools are
    supported by engaged and informed parents. It is the intent of
    the Legislature that students promoted from the eighth grade
    will be ready for success in high school.
    (3) DEFINITION.--As used in this section, the term
    "middle grades" means grades 6, 7, and 8.
    (4) CURRICULA AND COURSES.--The Department of
    Education shall review course offerings, teacher
    qualifications, instructional materials, and teaching
    practices used in reading and language arts programs in the
    middle grades. The department must consult with the Florida
    Center for Reading Research at Florida State University, the
    Just Read, Florida! Office, reading researchers, reading
    specialists, and district supervisors of curriculum in the
    development of findings and recommendations. The Commissioner
    of Education shall make recommendations to the State Board of
    Education regarding changes to reading and language arts
    curricula in the middle grades based on research-based proven
    effective programs. The State Board of Education shall adopt
    rules based upon the commissioner's recommendations no later
    than March 1, 2005. Implementation of new or revised reading
    and language arts courses in all middle grades shall be phased
    in beginning no later than the 2005-2006 school year with
    completion no later than the 2008-2009 school year.
    (5) RIGOROUS READING REQUIREMENT.--
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    (a) Beginning with the 2004-2005 school year, each
    public school serving middle grade students, including charter
    schools, with fewer than 75 percent of its students reading at
    or above grade level in grade 6, grade 7, or grade 8 as
    measured by a student scoring at Level 3 or above on the FCAT
    during the prior school year, must incorporate by October 1 a
    rigorous reading requirement for reading and language arts
    programs as the primary component of its school improvement
    plan. The department shall annually provide to each district
    school board by June 30 a list of its schools that are
    required to incorporate a rigorous reading requirement as the
    primary component of the school's improvement plan. The
    department shall provide technical assistance to school
    districts and school administrators required to implement the
    rigorous reading requirement.
    (b) The purpose of the rigorous reading requirement is
    to assist each student who is not reading at or above grade
    level to do so before entering high school. The rigorous
    reading requirement must include for a middle school's
    low-performing student population specific areas that address
    phonemic awareness, phonics, fluency, comprehension, and
    vocabulary; the desired levels of performance in those areas;
    and the instructional and support services to be provided to
    meet the desired levels of performance. The school shall use
    research-based reading activities that have been shown to be
    successful in teaching reading to low-performing students.
    (c) Schools required to implement the rigorous reading
    requirement must provide quarterly reports to the district
    school superintendent on the progress of students toward
    increased reading achievement.
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    (d) The results of implementation of a school's
    rigorous reading requirement shall be used as part of the
    annual evaluation of the school's instructional personnel and
    school administrators as required in s. 1012.34.
    (6) COMPREHENSIVE REFORM STUDY ON THE ACADEMIC
    PERFORMANCE OF STUDENTS AND SCHOOLS.--
    (a) The department shall conduct a study on how the
    overall academic performance of middle grade students and
    schools can be improved. The department must consult with the
    Florida Center for Reading Research at Florida State
    University, the Just Read, Florida! Office, and key education
    stakeholders, including district school board members,
    district school superintendents, principals, parents,
    teachers, district supervisors of curriculum, and students
    across the state, in the development of its findings and
    recommendations. The department shall review, at a minimum,
    each of the following elements:
    1. Academic expectations, which include, but are not
    limited to:
    a. Alignment of middle school expectations with
    elementary and high school graduation requirements.
    b. Best practices to improve reading and language arts
    courses based on research-based programs for middle school
    students in alignment with the Sunshine State Standards.
    c. Strategies that focus on improving academic success
    for low-performing students.
    d. Rigor of curricula and courses.
    e. Instructional materials.
    f. Course enrollment by middle school students.
    g. Student support services.
    h. Measurement and reporting of student achievement.
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    2. Attendance policies and student mobility issues.
    3. Teacher quality, which includes, but is not limited
    to:
    a. Preparedness of teachers to teach rigorous courses
    to middle school students.
    b. Teacher evaluations.
    c. Substitute teachers.
    d. Certification and recertification requirements.
    e. Staff development requirements.
    f. Availability of effective staff development
    training.
    g. Teacher recruitment and vacancy issues.
    h. Federal requirements for highly qualified teachers
    pursuant to the No Child Left Behind Act of 2001.
    4. Identification and availability of diagnostic
    testing.
    5. Availability of personnel and scheduling issues.
    6. Middle school leadership and performance.
    7. Parental and community involvement.
    (b) By December 1, 2004, the Commissioner of Education
    shall submit to the President of the Senate, the Speaker of
    the House of Representatives, the chairs of the education
    committees in the Senate and the House of Representatives, and
    the State Board of Education recommendations to increase the
    academic performance of middle grade students and schools.
    (7) PERSONALIZED MIDDLE SCHOOL SUCCESS PLAN.--
    (a) Beginning with the 2004-2005 school year, each
    principal of a school with a middle grade shall designate
    certified staff members at the school to develop and
    administer a personalized middle school success plan for each
    entering sixth grade student who scored below Level 3 in
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    reading on the most recently administered FCAT. The purpose of
    the success plan is to assist the student in meeting state and
    school district expectations in academic proficiency and to
    prepare the student for a rigorous high school curriculum. The
    success plan shall be developed in collaboration with the
    student and his or her parent and must be implemented until
    the student completes the eighth grade or achieves a score at
    Level 3 or above in reading on the FCAT, whichever occurs
    first. The success plan must minimize paperwork and may be
    incorporated into a parent/teacher conference, included as
    part of a progress report or report card, included as part of
    a general orientation at the beginning of the school year, or
    provided by electronic mail or other written correspondence.
    (b) The personalized middle school success plan must:
    1. Identify educational goals and intermediate
    benchmarks for the student in the core curriculum areas which
    will prepare the student for high school.
    2. Be based upon academic performance data and an
    identification of the student's strengths and weaknesses.
    3. Include academic intervention strategies with
    frequent progress monitoring.
    4. Provide innovative methods to promote the student's
    advancement which may include, but not be limited to, flexible
    scheduling, tutoring, focus on core curricula, online
    instruction, an alternative learning environment, or other
    interventions that have been shown to accelerate the learning
    process.
    (c) The personalized middle school success plan must
    be incorporated into any individual student plan required by
    federal or state law, including the academic improvement plan
    required in s. 1008.25, an individual education plan (IEP) for
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    a student with disabilities, a federal 504 plan, or an ESOL
    plan.
    (d) The Department of Education shall provide
    technical assistance for districts, school administrators, and
    instructional personnel regarding the development of
    personalized middle school success plans. The assistance shall
    include strategies and techniques designed to maximize
    interaction between students, parents, teachers, and other
    instructional and administrative staff while minimizing
    paperwork.
    (8) STATE BOARD OF EDUCATION AUTHORITY.--
    (a) The State Board of Education shall have authority
    to adopt rules pursuant to ss. 120.536(1) and 120.54 to
    implement the provisions of this section.
    (b) The State Board of Education shall have authority
    pursuant to s. 1008.32 to enforce the provisions of this
    section.
    Section 2. (1) The Department of Education shall
    conduct a study to determine the status of physical education
    instruction in the public schools and shall develop detailed
    recommendations for changes to physical education programs. As
    a part of the study, the Department of Education shall:
    (a) Determine the number of public schools in the
    state which have eliminated or reduced physical education
    instruction;
    (b) Assess current issues concerning personnel who
    teach physical education and determine appropriate roles for
    all personnel in expanding both physical education and other
    physical activity for students;
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    (c) Determine the average length and frequency of
    physical education classes in elementary, middle, and high
    school, respectively, by school district;
    (d) Determine the percent of physical education
    classes taught by certified physical education instructors;
    (e) Assess the degree to which individual schools
    within a school district are allowed to add to or modify
    district requirements for physical education;
    (f) Assess the availability of fitness assessment
    programs, such as the President's Challenge Physical Fitness
    Program, which could be adopted by schools or an entire school
    district in order to provide information regarding and
    encourage student fitness;
    (g) Determine the methods of providing feedback to a
    parent through a student assessment report that would
    summarize a student's results and the school's results as set
    forth in an assessment tool, such as the Fitnessgram or the
    School Health Index of the Centers for Disease Control and
    Prevention; and
    (h) Develop recommendations for the most efficient
    ways to substantially increase the level of physical education
    and physical activity for students in grades prekindergarten
    through grade 5, grades 6 through 8, and grades 9 through 12,
    by group.
    The study results must also contain an assessment developed by
    the Department of Education of the fiscal impact of any
    recommended changes. The Department of Education shall submit
    a report on the study to the Governor and the Legislature by
    February 1, 2005.
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    (2) The Department of Education shall select or
    develop by March 1, 2005, a physical fitness assessment
    instrument that school districts may use in assessing and
    reporting individual student fitness and a standard report
    form for this information which may be provided to parents.
    (3) By December 1, 2004, the Department of Education
    shall develop support materials and distribute the materials
    to each school district to enable implementation of fitness
    assessment programs recommended pursuant to subsection (2).
    The support materials must include the necessary instructions,
    procedures, and forms to implement and successfully administer
    the programs or reports. The department may develop and
    distribute other support or informational materials it
    determines may assist schools or school districts in improving
    student health and fitness through local action.
    Section 3. Paragraph (a) of subsection (16) and
    paragraph (a) of subsection (17) of section 1001.42, Florida
    Statutes, are amended to read:
    1001.42 Powers and duties of district school
    board.--The district school board, acting as a board, shall
    exercise all powers and perform all duties listed below:
    (16) IMPLEMENT SCHOOL IMPROVEMENT AND
    ACCOUNTABILITY.--Maintain a system of school improvement and
    education accountability as provided by statute and State
    Board of Education rule. This system of school improvement and
    education accountability shall be consistent with, and
    implemented through, the district's continuing system of
    planning and budgeting required by this section and ss.
    1008.385, 1010.01, and 1011.01. This system of school
    improvement and education accountability shall include, but is
    not limited to, the following:
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    (a) School improvement plans.--Annually approve and
    require implementation of a new, amended, or continuation
    school improvement plan for each school in the district,
    except that a district school board may establish a district
    school improvement plan that includes all schools in the
    district operating for the purpose of providing educational
    services to youth in Department of Juvenile Justice programs.
    Such plan shall be designed to achieve the state education
    priorities pursuant to s. 1000.03(5) and student performance
    standards. In addition, any school required to implement a
    rigorous reading requirement pursuant to s. 1003.415 must
    include such component in its school improvement plan. Each
    plan shall also address issues relative to budget, training,
    instructional materials, technology, staffing, student support
    services, specific school safety and discipline strategies,
    student health and fitness, including physical fitness,
    parental information on student health and fitness, and indoor
    environmental air quality, and other matters of resource
    allocation, as determined by district school board policy, and
    shall be based on an analysis of student achievement and other
    school performance data.
    (17) LOCAL-LEVEL DECISIONMAKING.--
    (a) Adopt policies that clearly encourage and enhance
    maximum decisionmaking appropriate to the school site. Such
    policies must include guidelines for schools in the adoption
    and purchase of district and school site instructional
    materials and technology, the implementation of student health
    and fitness standards, staff training, school advisory council
    member training, student support services, budgeting, and the
    allocation of staff resources.
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    Section 4. Section 1003.455, Florida Statutes, is
    created to read:
    1003.455 Physical education; assessment.--
    (1) It is the responsibility of each district school
    board to develop a physical education program that stresses
    physical fitness and encourages healthy, active lifestyles and
    to encourage all students in prekindergarten through grade 12
    to participate in physical education. Physical education shall
    consist of physical activities of at least a moderate
    intensity level and for a duration sufficient to provide a
    significant health benefit to students, subject to the
    differing capabilities of students.
    (2) Each district school board shall, no later than
    December 1, 2004, adopt a written physical education policy
    that details the school district's physical education program
    and expected program outcomes. Each district school board
    shall provide a copy of its written policy to the Department
    of Education by December 15, 2004.
    (3) Any district that does not adopt a physical
    education policy by December 1, 2004, shall, at a minimum,
    implement a mandatory physical education program for
    kindergarten through grade 5 which provides students with 30
    minutes of physical education each day, 3 days a week.
    Section 5. Paragraph (d) is added to subsection (4) of
    section 1012.98, Florida Statutes, to read:
    1012.98 School Community Professional Development
    Act.--
    (4) The Department of Education, school districts,
    schools, community colleges, and state universities share the
    responsibilities described in this section. These
    responsibilities include the following:
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    (d) The Department of Education shall approve a public
    state university having an approved physical education teacher
    preparation program within its college of education to develop
    and implement an Internet-based clearinghouse for physical
    education professional development programs that may be
    accessed and used by all instructional personnel. The
    development of these programs shall be financed primarily by
    private funds and shall be available for use no later than
    August 1, 2005.
    Section 6. Paragraph (b) of subsection (4) of section
    1008.25, Florida Statutes, is amended to read:
    1008.25 Public school student progression; remedial
    instruction; reporting requirements.--
    (4) ASSESSMENT AND REMEDIATION.--
    (b) The school in which the student is enrolled must
    develop, in consultation with the student's parent, and must
    implement an academic improvement plan designed to assist the
    student in meeting state and district expectations for
    proficiency. For a student for whom a personalized middle
    school success plan is required pursuant to s. 1003.415, the
    middle school success plan must be incorporated in the
    student's academic improvement plan. Beginning with the
    2002-2003 school year, if the student has been identified as
    having a deficiency in reading, the academic improvement plan
    shall identify the student's specific areas of deficiency in
    phonemic awareness, phonics, fluency, comprehension, and
    vocabulary; the desired levels of performance in these areas;
    and the instructional and support services to be provided to
    meet the desired levels of performance. Schools shall also
    provide for the frequent monitoring of the student's progress
    in meeting the desired levels of performance. District school
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    boards shall assist schools and teachers to implement
    research-based reading activities that have been shown to be
    successful in teaching reading to low-performing students.
    Remedial instruction provided during high school may not be in
    lieu of English and mathematics credits required for
    graduation.
    Section 7. Paragraph (a) of subsection (3) of section
    1012.34, Florida Statutes, is amended to read:
    1012.34 Assessment procedures and criteria.--
    (3) The assessment procedure for instructional
    personnel and school administrators must be primarily based on
    the performance of students assigned to their classrooms or
    schools, as appropriate. The procedures must comply with, but
    are not limited to, the following requirements:
    (a) An assessment must be conducted for each employee
    at least once a year. The assessment must be based upon sound
    educational principles and contemporary research in effective
    educational practices. The assessment must primarily use data
    and indicators of improvement in student performance assessed
    annually as specified in s. 1008.22 and may consider results
    of peer reviews in evaluating the employee's performance.
    Student performance must be measured by state assessments
    required under s. 1008.22 and by local assessments for
    subjects and grade levels not measured by the state assessment
    program. The assessment criteria must include, but are not
    limited to, indicators that relate to the following:
    1. Performance of students.
    2. Ability to maintain appropriate discipline.
    3. Knowledge of subject matter. The district school
    board shall make special provisions for evaluating teachers
    who are assigned to teach out-of-field.
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    4. Ability to plan and deliver instruction, including
    implementation of the rigorous reading requirement pursuant to
    s. 1003.415, when applicable, and the use of technology in the
    classroom.
    5. Ability to evaluate instructional needs.
    6. Ability to establish and maintain a positive
    collaborative relationship with students' families to increase
    student achievement.
    7. Other professional competencies, responsibilities,
    and requirements as established by rules of the State Board of
    Education and policies of the district school board.
    Section 8. There is hereby appropriated $445,000 from
    the General Revenue Fund to the Florida State University
    Charter Lab Elementary School in Broward County for the
    purpose delineated in section 1002.32(9)(e), Florida Statutes.
    Section 9. This act shall take effect upon becoming a
    law.
    15
    CODING:
    Words stricken are deletions; words underlined are additions.

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