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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.
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