Senate Bill sb2534

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    Florida Senate - 2004                                  SB 2534

    By Senator Campbell





    32-1543-04                                              See HB

  1                      A bill to be entitled

  2         An act relating to public school instruction;

  3         amending s. 1003.42, F.S.; revising

  4         requirements relating to instruction in

  5         comprehensive health; providing physical

  6         education requirements for students in

  7         prekindergarten through grade 8; amending s.

  8         1003.429, F.S.; requiring credit in personal

  9         fitness and life management skills for students

10         selecting certain high school graduation

11         options; amending s. 1003.43, F.S.; increasing

12         physical education credit requirements for high

13         school graduation and specifying criteria for

14         satisfaction of such credit requirements;

15         creating s. 1003.455, F.S.; requiring district

16         school boards to ensure student participation

17         in physical education and specifying

18         requirements; requiring the Department of

19         Education to monitor school district

20         compliance; requiring corrective plans in

21         certain circumstances; requiring assessment of

22         physical performance and reporting of results;

23         providing for adaptations of requirements under

24         certain circumstances; providing an effective

25         date.

26  

27         WHEREAS, the Legislature intends that all children from

28  prekindergarten through high school shall have access daily to

29  a high-quality, comprehensive, developmentally appropriate

30  physical education program, and

31  

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    Florida Senate - 2004                                  SB 2534
    32-1543-04                                              See HB




 1         WHEREAS, required daily physical education enhances

 2  learning and promotes healthy achievers, NOW, THEREFORE,

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  Paragraph (m) of subsection (2) of section

 7  1003.42, Florida Statutes, is amended, and paragraph (s) is

 8  added to that subsection, to read:

 9         1003.42  Required instruction.--

10         (2)  Members of the instructional staff of the public

11  schools, subject to the rules of the State Board of Education

12  and the district school board, shall teach efficiently and

13  faithfully, using the books and materials required, following

14  the prescribed courses of study, and employing approved

15  methods of instruction, the following:

16         (m)  Comprehensive health education that addresses

17  concepts of community health; consumer health; environmental

18  health; family life, including an awareness of the benefits of

19  sexual abstinence as the expected standard and the

20  consequences of teenage pregnancy; mental and emotional

21  health; injury prevention and safety; nutrition; personal

22  health; prevention and control of disease; and substance use

23  and abuse. Beginning with the 2004-2005 school year, such

24  education shall be taught at each grade level, prekindergarten

25  through grade 8, for no less than one semester per year.

26         (s)1.  Physical education at each grade level,

27  prekindergarten through grade 5, for a minimum of 30 minutes

28  daily, consisting of structured, moderate to vigorous physical

29  activity taught by a state-certified physical education

30  instructor, beginning with the 2004-2005 school year.

31  

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    Florida Senate - 2004                                  SB 2534
    32-1543-04                                              See HB




 1         2.  Physical education at each grade level, grade 6

 2  through grade 8, for a minimum of 45 minutes daily, consisting

 3  of structured, moderate to vigorous physical activity taught

 4  by a state-certified physical education instructor, beginning

 5  with the 2004-2005 school year.

 6         Section 2.  Subsection (1) of section 1003.429, Florida

 7  Statutes, is amended to read:

 8         1003.429  Accelerated high school graduation options.--

 9         (1)  Beginning with the 2003-2004 school year, all

10  students scheduled to graduate in 2004 and thereafter may

11  select one of the following three high school graduation

12  options:

13         (a)  Completion of the general requirements for high

14  school graduation pursuant to s. 1003.43;

15         (b)  Completion of a 3-year standard college

16  preparatory program requiring successful completion of a

17  minimum of 18 academic credits in grades 9 through 12. The 18

18  credits shall be primary requirements and shall be distributed

19  as follows:

20         1.  Four credits in English, with major concentration

21  in composition and literature;

22         2.  Three credits in mathematics at the Algebra I level

23  or higher from the list of courses that qualify for state

24  university admission;

25         3.  Three credits in natural science, two of which must

26  have a laboratory component;

27         4.  Three credits in social sciences;

28         5.  Two credits in the same second language unless the

29  student is a native speaker of or can otherwise demonstrate

30  competency in a language other than English. If the student

31  demonstrates competency in another language, the student may

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    Florida Senate - 2004                                  SB 2534
    32-1543-04                                              See HB




 1  replace the language requirement with two credits in other

 2  academic courses; and

 3         6.  Three credits in electives; or

 4         (c)  Completion of a 3-year career preparatory program

 5  requiring successful completion of a minimum of 18 academic

 6  credits in grades 9 through 12. The 18 credits shall be

 7  primary requirements and shall be distributed as follows:

 8         1.  Four credits in English, with major concentration

 9  in composition and literature;

10         2.  Three credits in mathematics, one of which must be

11  Algebra I;

12         3.  Three credits in natural science, two of which must

13  have a laboratory component;

14         4.  Three credits in social sciences;

15         5.  Two credits in the same second language unless the

16  student is a native speaker of or can otherwise demonstrate

17  competency in a language other than English. If the student

18  demonstrates competency in another language, the student may

19  replace the language requirement with two credits in other

20  academic courses; and

21         6.  Three credits in electives.

22  

23  Beginning with students entering the 9th grade in the

24  2004-2005 school year and thereafter, a student selecting a

25  graduation option listed in paragraph (b) or paragraph (c)

26  shall be required to take one credit in personal fitness and

27  life management skills in place of one of the elective

28  credits.

29         Section 3.  Paragraphs (j) and (k) of subsection (1)

30  and paragraph (a) of subsection (6) of section 1003.43,

31  Florida Statutes, are amended to read:

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    Florida Senate - 2004                                  SB 2534
    32-1543-04                                              See HB




 1         1003.43  General requirements for high school

 2  graduation.--

 3         (1)  Graduation requires successful completion of

 4  either a minimum of 24 academic credits in grades 9 through 12

 5  or an International Baccalaureate curriculum. The 24 credits

 6  shall be distributed as follows:

 7         (j)1.  One credit in physical education to include

 8  assessment, improvement, and maintenance of personal fitness.

 9  Participation in an interscholastic sport at the junior

10  varsity or varsity level, for two full seasons, shall satisfy

11  the one-credit requirement in physical education if the

12  student passes a competency test on personal fitness with a

13  score of "C" or better. The competency test on personal

14  fitness must be developed by the Department of Education. A

15  district school board may not require that the one credit in

16  physical education be taken during the 9th grade year.

17  Completion of one semester with a grade of "C" or better in a

18  marching band class, in a physical activity class that

19  requires participation in marching band activities as an

20  extracurricular activity, or in a Reserve Officer Training

21  Corps (R.O.T.C.) class, a significant component of which is

22  drills, shall satisfy a one-half credit requirement in

23  physical education. This one-half credit may not be used to

24  satisfy the personal fitness requirement or the requirement

25  for adaptive physical education under an individual

26  educational plan (IEP) or 504 plan.

27         2.  For students entering the 9th grade in the

28  2004-2005 school year and thereafter, four credits in physical

29  education with two of such credits to include nutrition and

30  assessment, improvement, and maintenance of personal fitness.

31  Participation in an interscholastic sport at the junior

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    Florida Senate - 2004                                  SB 2534
    32-1543-04                                              See HB




 1  varsity or varsity level for four full seasons or semesters

 2  shall satisfy two of the credit requirements, but may not be

 3  used to satisfy the two-credit requirement that includes

 4  nutrition and assessment, improvement, and maintenance of

 5  personal fitness or the requirement for adaptive physical

 6  education under an individual educational plan (IEP) or 504

 7  plan. Completion of four full seasons or semesters with a

 8  grade of "C" or better in a marching band class, in a physical

 9  activity class that requires participation in marching band

10  activities as an extracurricular activity, or in a Reserve

11  Officer Training Corps (R.O.T.C.) class, a significant

12  component of which is drills, shall satisfy two of the credit

13  requirements, but may not be used to satisfy the two-credit

14  requirement that includes nutrition and assessment,

15  improvement, and maintenance of personal fitness or the

16  requirement for adaptive physical education under an

17  individual educational plan (IEP) or 504 plan.

18         (k)  Eight and one-half elective credits. For students

19  entering the 9th grade in the 2004-2005 school year and

20  thereafter, five and one-half elective credits.

21  District school boards may award a maximum of one-half credit

22  in social studies and one-half elective credit for student

23  completion of nonpaid voluntary community or school service

24  work. Students choosing this option must complete a minimum of

25  75 hours of service in order to earn the one-half credit in

26  either category of instruction. Credit may not be earned for

27  service provided as a result of court action. District school

28  boards that approve the award of credit for student volunteer

29  service shall develop guidelines regarding the award of the

30  credit, and school principals are responsible for approving

31  specific volunteer activities. A course designated in the

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    Florida Senate - 2004                                  SB 2534
    32-1543-04                                              See HB




 1  Course Code Directory as grade 9 through grade 12 that is

 2  taken below the 9th grade may be used to satisfy high school

 3  graduation requirements or Florida Academic Scholars award

 4  requirements as specified in a district school board's student

 5  progression plan. A student shall be granted credit toward

 6  meeting the requirements of this subsection for equivalent

 7  courses, as identified pursuant to s. 1007.271(6), taken

 8  through dual enrollment.

 9         (6)  The Legislature recognizes that adult learners are

10  unique in situation and needs. The following graduation

11  requirements are therefore instituted for students enrolled in

12  adult general education in accordance with s. 1004.93 in

13  pursuit of a high school diploma:

14         (a)  The credits one credit in physical education

15  required for graduation, pursuant to subsection (1), are is

16  not required for graduation and shall be substituted with

17  elective credits credit keeping the total credits needed for

18  graduation consistent with subsection (1).

19         Section 4.  Section 1003.455, Florida Statutes, is

20  created to read:

21         1003.455  Physical education; assessment.--

22         (1)  It is the responsibility of each district school

23  board to ensure that all students in prekindergarten through

24  grade 5 participate in physical education, as required in s.

25  1003.42(2)(s), taught by a state-certified physical education

26  instructor for at least 150 minutes each school week and that

27  all students in grades 6 through 8 participate in physical

28  education, as required in s. 1003.42(2)(s), for at least 225

29  minutes each school week. Physical education shall consist of

30  physical activities of at least moderate intensity level and

31  for a duration sufficient to provide a significant health

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    Florida Senate - 2004                                  SB 2534
    32-1543-04                                              See HB




 1  benefit to students. It shall take place in an environment in

 2  which students learn, practice, and are assessed on

 3  developmentally appropriate knowledge, motor skills, and

 4  health-related fitness. The State Board of Education shall

 5  establish specific learning goals and objectives for physical

 6  education based on the Sunshine State Standards.

 7         (2)  Suitably adapted physical education shall be

 8  included as a part of the individual educational plans for

 9  students with chronic health problems, disabling conditions,

10  or other special needs that preclude participation in regular

11  physical activity.

12         (3)(a)  The Department of Education shall annually

13  select not fewer than 10 percent of the school districts to

14  report on compliance with the provisions of this section. The

15  school districts selected shall provide a random and accurate

16  sampling of the state as a whole.

17         (b)  For purposes of determining compliance, the

18  department shall count only the time a student spends in a

19  structured physical education class taught by a

20  state-certified physical education instructor.

21         (c)  A school district that fails to comply with the

22  requirements of this section shall issue a corrective plan to

23  the department within 1 year of receiving a noncompliance

24  notification from the department.

25         (4)(a)  During the month of March, April, or May, each

26  district school board shall administer to each student in

27  grades 5, 7, and 9 a physical performance test designated by

28  the State Board of Education. Each physically handicapped

29  student and each student who is physically unable to take a

30  health-related physical performance test shall be given as

31  much of the test as his or her condition will permit.

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    Florida Senate - 2004                                  SB 2534
    32-1543-04                                              See HB




 1         (b)  Each district school board shall report the

 2  individual results of each test administered pursuant to this

 3  subsection, in writing, to each student's parent. The written

 4  report shall include a clear explanation of the purposes of

 5  the test, the student's score, and its intended use by the

 6  school district. Nothing in this subsection shall be construed

 7  to require teachers to prepare individualized explanations of

 8  each student's test score.

 9         Section 5.  This act shall take effect July 1, 2004.

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