HB 1047

1
A bill to be entitled
2An act relating to public school instruction; amending s.
31003.42, F.S.; revising requirements relating to
4instruction in comprehensive health; providing physical
5education requirements for students in prekindergarten
6through grade 8; amending s. 1003.429, F.S.; requiring
7credit in personal fitness and life management skills for
8students selecting certain high school graduation options;
9amending s. 1003.43, F.S.; increasing physical education
10credit requirements for high school graduation and
11specifying criteria for satisfaction of such credit
12requirements; creating s. 1003.455, F.S.; requiring
13district school boards to ensure student participation in
14physical education and specifying requirements; requiring
15the Department of Education to monitor school district
16compliance; requiring corrective plans in certain
17circumstances; requiring assessment of physical
18performance and reporting of results; providing for
19adaptations of requirements under certain circumstances;
20providing an effective date.
21
22     WHEREAS, the Legislature intends that all children from
23prekindergarten through high school shall have access daily to a
24high-quality, comprehensive, developmentally appropriate
25physical education program, and
26     WHEREAS, required daily physical education enhances
27learning and promotes healthy achievers, NOW, THEREFORE,
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Paragraph (m) of subsection (2) of section
321003.42, Florida Statutes, is amended, and paragraph (s) is
33added to said subsection, to read:
34     1003.42  Required instruction.--
35     (2)  Members of the instructional staff of the public
36schools, subject to the rules of the State Board of Education
37and the district school board, shall teach efficiently and
38faithfully, using the books and materials required, following
39the prescribed courses of study, and employing approved methods
40of instruction, the following:
41     (m)  Comprehensive health education that addresses concepts
42of community health; consumer health; environmental health;
43family life, including an awareness of the benefits of sexual
44abstinence as the expected standard and the consequences of
45teenage pregnancy; mental and emotional health; injury
46prevention and safety; nutrition; personal health; prevention
47and control of disease; and substance use and abuse. Beginning
48with the 2004-2005 school year, such education shall be taught
49at each grade level, prekindergarten through grade 8, for no
50less than one semester per year.
51     (s)1.  Physical education at each grade level,
52prekindergarten through grade 5, for a minimum of 30 minutes
53daily, consisting of structured, moderate to vigorous physical
54activity taught by a state-certified physical education
55instructor, beginning with the 2004-2005 school year.
56     2.  Physical education at each grade level, grade 6 through
57grade 8, for a minimum of 45 minutes daily, consisting of
58structured, moderate to vigorous physical activity taught by a
59state-certified physical education instructor, beginning with
60the 2004-2005 school year.
61     Section 2.  Subsection (1) of section 1003.429, Florida
62Statutes, is amended to read:
63     1003.429  Accelerated high school graduation options.--
64     (1)  Beginning with the 2003-2004 school year, all students
65scheduled to graduate in 2004 and thereafter may select one of
66the following three high school graduation options:
67     (a)  Completion of the general requirements for high school
68graduation pursuant to s. 1003.43;
69     (b)  Completion of a 3-year standard college preparatory
70program requiring successful completion of a minimum of 18
71academic credits in grades 9 through 12. The 18 credits shall be
72primary requirements and shall be distributed as follows:
73     1.  Four credits in English, with major concentration in
74composition and literature;
75     2.  Three credits in mathematics at the Algebra I level or
76higher from the list of courses that qualify for state
77university admission;
78     3.  Three credits in natural science, two of which must
79have a laboratory component;
80     4.  Three credits in social sciences;
81     5.  Two credits in the same second language unless the
82student is a native speaker of or can otherwise demonstrate
83competency in a language other than English. If the student
84demonstrates competency in another language, the student may
85replace the language requirement with two credits in other
86academic courses; and
87     6.  Three credits in electives; or
88     (c)  Completion of a 3-year career preparatory program
89requiring successful completion of a minimum of 18 academic
90credits in grades 9 through 12. The 18 credits shall be primary
91requirements and shall be distributed as follows:
92     1.  Four credits in English, with major concentration in
93composition and literature;
94     2.  Three credits in mathematics, one of which must be
95Algebra I;
96     3.  Three credits in natural science, two of which must
97have a laboratory component;
98     4.  Three credits in social sciences;
99     5.  Two credits in the same second language unless the
100student is a native speaker of or can otherwise demonstrate
101competency in a language other than English. If the student
102demonstrates competency in another language, the student may
103replace the language requirement with two credits in other
104academic courses; and
105     6.  Three credits in electives.
106
107Beginning with students entering the 9th grade in the 2004-2005
108school year and thereafter, a student selecting a graduation
109option listed in paragraph (b) or paragraph (c) shall be
110required to take one credit in personal fitness and life
111management skills in place of one of the elective credits.
112     Section 3.  Paragraphs (j) and (k) of subsection (1) and
113paragraph (a) of subsection (6) of section 1003.43, Florida
114Statutes, are amended to read:
115     1003.43  General requirements for high school graduation.--
116     (1)  Graduation requires successful completion of either a
117minimum of 24 academic credits in grades 9 through 12 or an
118International Baccalaureate curriculum. The 24 credits shall be
119distributed as follows:
120     (j)1.  One credit in physical education to include
121assessment, improvement, and maintenance of personal fitness.
122Participation in an interscholastic sport at the junior varsity
123or varsity level, for two full seasons, shall satisfy the one-
124credit requirement in physical education if the student passes a
125competency test on personal fitness with a score of "C" or
126better. The competency test on personal fitness must be
127developed by the Department of Education. A district school
128board may not require that the one credit in physical education
129be taken during the 9th grade year. Completion of one semester
130with a grade of "C" or better in a marching band class, in a
131physical activity class that requires participation in marching
132band activities as an extracurricular activity, or in a Reserve
133Officer Training Corps (R.O.T.C.) class a significant component
134of which is drills shall satisfy a one-half credit requirement
135in physical education. This one-half credit may not be used to
136satisfy the personal fitness requirement or the requirement for
137adaptive physical education under an individual educational plan
138(IEP) or 504 plan.
139     2.  For students entering the 9th grade in the 2004-2005
140school year and thereafter, four credits in physical education
141with two of such credits to include nutrition and assessment,
142improvement, and maintenance of personal fitness. Participation
143in an interscholastic sport at the junior varsity or varsity
144level for four full seasons or semesters shall satisfy two of
145the credit requirements, but may not be used to satisfy the two-
146credit requirement that includes nutrition and assessment,
147improvement, and maintenance of personal fitness or the
148requirement for adaptive physical education under an individual
149educational plan (IEP) or 504 plan. Completion of four full
150seasons or semesters with a grade of "C" or better in a marching
151band class, in a physical activity class that requires
152participation in marching band activities as an extracurricular
153activity, or in a Reserve Officer Training Corps (R.O.T.C.)
154class a significant component of which is drills shall satisfy
155two of the credit requirements, but may not be used to satisfy
156the two-credit requirement that includes nutrition and
157assessment, improvement, and maintenance of personal fitness or
158the requirement for adaptive physical education under an
159individual educational plan (IEP) or 504 plan.
160     (k)  Eight and one-half elective credits. For students
161entering the 9th grade in the 2004-2005 school year and
162thereafter, five and one-half elective credits.
163
164District school boards may award a maximum of one-half credit in
165social studies and one-half elective credit for student
166completion of nonpaid voluntary community or school service
167work. Students choosing this option must complete a minimum of
16875 hours of service in order to earn the one-half credit in
169either category of instruction. Credit may not be earned for
170service provided as a result of court action. District school
171boards that approve the award of credit for student volunteer
172service shall develop guidelines regarding the award of the
173credit, and school principals are responsible for approving
174specific volunteer activities. A course designated in the Course
175Code Directory as grade 9 through grade 12 that is taken below
176the 9th grade may be used to satisfy high school graduation
177requirements or Florida Academic Scholars award requirements as
178specified in a district school board's student progression plan.
179A student shall be granted credit toward meeting the
180requirements of this subsection for equivalent courses, as
181identified pursuant to s. 1007.271(6), taken through dual
182enrollment.
183     (6)  The Legislature recognizes that adult learners are
184unique in situation and needs. The following graduation
185requirements are therefore instituted for students enrolled in
186adult general education in accordance with s. 1004.93 in pursuit
187of a high school diploma:
188     (a)  The credits one credit in physical education required
189for graduation, pursuant to subsection (1), are is not required
190for graduation and shall be substituted with elective credits
191credit keeping the total credits needed for graduation
192consistent with subsection (1).
193     Section 4.  Section 1003.455, Florida Statutes, is created
194to read:
195     1003.455  Physical education; assessment.--
196     (1)  It is the responsibility of each district school board
197to ensure that all students in prekindergarten through grade 5
198participate in physical education, as required in s.
1991003.42(2)(s), taught by a state-certified physical education
200instructor for at least 150 minutes each school week and that
201all students in grades 6 through 8 participate in physical
202education, as required in s. 1003.42(2)(s), for at least 225
203minutes each school week. Physical education shall consist of
204physical activities of at least moderate intensity level and for
205a duration sufficient to provide a significant health benefit to
206students. It shall take place in an environment in which
207students learn, practice, and are assessed on developmentally
208appropriate knowledge, motor skills, and health-related fitness.
209The State Board of Education shall establish specific learning
210goals and objectives for physical education based on the
211Sunshine State Standards.
212     (2)  Suitably adapted physical education shall be included
213as a part of the individual educational plans for students with
214chronic health problems, disabling conditions, or other special
215needs that preclude participation in regular physical activity.
216     (3)(a)  The Department of Education shall annually select
217not fewer than 10 percent of the school districts to report on
218compliance with the provisions of this section. The school
219districts selected shall provide a random and accurate sampling
220of the state as a whole.
221     (b)  For purposes of determining compliance, the department
222shall count only the time a student spends in a structured
223physical education class taught by a state-certified physical
224education instructor.
225     (c)  A school district that fails to comply with the
226requirements of this section shall issue a corrective plan to
227the department within 1 year of receiving a noncompliance
228notification from the department.
229     (4)(a)  During the month of March, April, or May, each
230district school board shall administer to each student in grades
2315, 7, and 9 a physical performance test designated by the State
232Board of Education. Each physically handicapped student and each
233student who is physically unable to take a health-related
234physical performance test shall be given as much of the test as
235his or her condition will permit.
236     (b)  Each district school board shall report the individual
237results of each test administered pursuant to this subsection,
238in writing, to each student's parent. The written report shall
239include a clear explanation of the purposes of the test, the
240student's score, and its intended use by the school district.
241Nothing in this subsection shall be construed to require
242teachers to prepare individualized explanations of each
243student's test score.
244     Section 5.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.