Senate Bill sb0354c1

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    Florida Senate - 2004                            CS for SB 354

    By the Committee on Education; and Senator Constantine





    304-1356-04

  1                      A bill to be entitled

  2         An act relating to middle schools; creating s.

  3         1003.415, F.S., the "Middle Grades Reform Act";

  4         providing definitions; prescribing program

  5         criteria and content; providing a timeline for

  6         implementation; requiring an academic

  7         performance study; providing for individual

  8         student plans; authorizing the State Board of

  9         Education to adopt rules; amending s. 1001.42,

10         F.S.; requiring additions to improvement plans

11         for certain schools; amending s. 1008.25, F.S.;

12         providing for additions to academic improvement

13         plans; amending s. 1012.34, F.S.; adding

14         performance criteria to the assessment process

15         for instructional personnel; providing an

16         effective date.

17  

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

19  

20         Section 1.  Section 1003.415, Florida Statutes, is

21  created to read:

22         1003.415  The Middle Grades Reform Act.--The Middle

23  Grades Reform Act is created to provide added focus and rigor

24  to academics in the middle grades. Using reading as the

25  foundation, all middle grade students should receive rigorous

26  academic instruction through challenging curricula, delivered

27  by highly qualified teachers, in schools with outstanding

28  leadership, which are supported by engaged and informed

29  parents. It is the intent of the Legislature that students

30  promoted from the eighth grade will be ready for success in

31  high school.

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    Florida Senate - 2004                            CS for SB 354
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 1         (1)  DEFINITIONS.--As used in this section, middle

 2  grades are defined as grades six, seven, and eight.

 3         (2)  MIDDLE GRADES CURRICULUM AND COURSEWORK.--The

 4  Department of Education shall review course offerings, teacher

 5  qualifications, instructional materials, and teaching

 6  practices used in middle grades reading and language arts

 7  programs. The department must consult with the Florida Center

 8  for Reading Research at the Florida State University, the Just

 9  Read, Florida! Office, reading researchers, and reading

10  specialists. The commissioner shall make recommendations to

11  the State Board of Education for any changes to middle grades

12  reading and language arts curriculum based on research-based

13  programs that are proven effective. The State Board of

14  Education shall adopt rules based on the commissioner's

15  recommendations by March 1, 2005. Beginning no later than the

16  2005-2006 school year, the State Board of Education shall

17  phase in implementation of new or revised reading and language

18  arts courses in all middle schools. Completion of

19  implementation shall occur no later than the 2008-2009 school

20  year.

21         (3)  RIGOROUS READING REQUIREMENT.--

22         (a)  Beginning with the 2004-2005 school year, each

23  public school serving middle grade students, including charter

24  schools, with fewer than 75 percent of students reading at or

25  above grade level in grade six, grade seven, or grade eight,

26  as measured by a student scoring at level 3 or above on the

27  prior school year's administration of the Florida

28  Comprehensive Assessment Test (FCAT), must develop and

29  implement by October 1 a Rigorous Reading Requirement for

30  reading and language arts programs as the primary component of

31  its school improvement plan. The Department of Education shall

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    Florida Senate - 2004                            CS for SB 354
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 1  provide to each district school board by June 30 of each year

 2  a list of schools within that district which are required to

 3  implement a Rigorous Reading Requirement as the primary

 4  component of the school's improvement plan.

 5         (b)  The purpose of the Rigorous Reading Requirement is

 6  to assist every student in reading at grade level before

 7  entering high school. The Rigorous Reading Requirement shall

 8  be modeled after the requirements of academic improvement

 9  plans for students as required in s. 1008.25(4). The Rigorous

10  Reading Requirement must identify for the middle school's

11  low-performing student population specific areas of deficiency

12  in phonemic awareness, phonics, fluency, vocabulary, and

13  comprehension; the desired levels of performance in those

14  areas; and the instructional and support services to be

15  provided to meet the desired levels of performance. The school

16  shall use research-based reading activities that have been

17  shown to be successful in teaching reading to low-performing

18  students. The school district's assistance and intervention

19  plan should also define the methods for frequent monitoring of

20  the progress of each school designated as performance grade

21  category "D" or "F" in meeting the desired level of

22  performance under s. 1001.42(16).

23         (c)  Schools required to participate in the Rigorous

24  Reading Requirement shall provide quarterly reports to the

25  superintendent on the progress of students toward increased

26  reading achievement.

27         (d)  The results of each school's Rigorous Reading

28  Requirement shall be used as part of the annual evaluation of

29  the school's instructional personnel and school administrators

30  as required in s. 1012.34.

31  

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    Florida Senate - 2004                            CS for SB 354
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 1         (4)  COMPREHENSIVE REFORM STUDY ON THE ACADEMIC

 2  PERFORMANCE OF MIDDLE GRADE STUDENTS AND SCHOOLS.--

 3         (a)  The Department of Education shall conduct a study

 4  on how the overall performance of middle grade students and

 5  schools can be improved. The department must consult with the

 6  Florida Center for Reading Research at the Florida State

 7  University, the Just Read, Florida! Office, and key education

 8  stakeholders, including school board members, superintendents,

 9  principals, parents, teachers, and students across the state,

10  in the development of its findings and recommendations. The

11  department shall review, at a minimum, each of the following

12  elements:

13         1.  Academic expectations, which include, but are not

14  limited to:

15         a.  Alignment of middle school expectations with

16  elementary and high school graduation requirements;

17         b.  Best practices to improve reading and language arts

18  programs;

19         c.  Strategies that focus on improving academic success

20  for low-performing students;

21         d.  Rigor of curriculum and courses;

22         e.  Instructional materials;

23         f.  Course enrollment by middle school students;

24         g.  Student support services; and

25         h.  Measuring and reporting student achievement.

26         2.  Attendance policies and student mobility issues.

27         3.  Teacher quality, which includes, but is not limited

28  to:

29         a.  Preparedness of teachers to teach rigorous courses;

30         b.  Teacher evaluations;

31         c.  Substitute teachers;

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    Florida Senate - 2004                            CS for SB 354
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 1         d.  Certification and recertification requirements;

 2         e.  Staff development requirements;

 3         f.  Availability of effective staff development

 4  training;

 5         g.  Options to remove ineffective teachers;

 6         h.  Teacher recruitment and position vacancy issues;

 7  and

 8         i.  Federal requirements for highly qualified teachers

 9  pursuant to the No Child Left Behind Act of 2001.

10         4.  School leadership.

11         5.  Parental and community involvement.

12         (b)  By October 1, 2004, the Commissioner of Education

13  shall submit to the Legislature and to the State Board of

14  Education recommendations to increase the academic performance

15  of students in middle grades.

16         (5)  PERSONALIZED MIDDLE SCHOOL SUCCESS PLAN.--

17         (a)  Beginning with the 2004-2005 school year, each

18  principal of a school having a middle grade shall designate a

19  certified staff member at the school to develop and administer

20  a personalized middle school success plan for each entering

21  sixth grader who scored below Level 3 in reading on the most

22  recent administration of the Florida Comprehensive Assessment

23  Test. The purpose of the success plan is to assist the student

24  in meeting state and district expectations in proficiency and

25  to prepare the student for the rigorous high school

26  curriculum. The success plan shall be developed in

27  collaboration with the student and his or her parent and must

28  be implemented until the student completes the eighth grade.

29         (b)  The personalized middle school success plan must:

30  

31  

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    Florida Senate - 2004                            CS for SB 354
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 1         1.  Identify educational goals and intermediate

 2  benchmarks for the student in the core curriculum areas which

 3  will prepare him or her for high school;

 4         2.  Be based upon academic performance data and an

 5  assessment of the student's strengths and weaknesses;

 6         3.  Include academic intervention strategies with the

 7  frequent progress monitoring; and

 8         4.  Provide innovative methods to promote the student's

 9  advancement which may include, but need not be limited to,

10  flexible scheduling, tutoring, a focus on core curricula,

11  online instruction, alternative learning environment, and

12  other interventions that have been shown to accelerate the

13  learning process.

14         (c)  For a student who must be provided an academic

15  improvement plan as required in s. 1008.25, the personalized

16  middle school success plan shall be incorporated into the

17  student's academic improvement plan. An individual education

18  plan for a student with disabilities may include the student's

19  personalized middle school success plan.

20         (6)  STATE BOARD OF EDUCATION AUTHORITY AND

21  RESPONSIBILITIES.--

22         (a)  The State Board of Education shall have authority

23  as provided in s. 1008.32 to enforce this section.

24         (b)  The State Board of Education may adopt rules under

25  ss. 120.536(1) and 120.54 to administer this section.

26         Section 2.  Paragraph (a) of subsection (16) of section

27  1001.42, Florida Statutes, is amended to read:

28         1001.42  Powers and duties of district school

29  board.--The district school board, acting as a board, shall

30  exercise all powers and perform all duties listed below:

31  

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    Florida Senate - 2004                            CS for SB 354
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 1         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

 2  ACCOUNTABILITY.--Maintain a system of school improvement and

 3  education accountability as provided by statute and State

 4  Board of Education rule. This system of school improvement and

 5  education accountability shall be consistent with, and

 6  implemented through, the district's continuing system of

 7  planning and budgeting required by this section and ss.

 8  1008.385, 1010.01, and 1011.01. This system of school

 9  improvement and education accountability shall include, but is

10  not limited to, the following:

11         (a)  School improvement plans.--Annually approve and

12  require implementation of a new, amended, or continuation

13  school improvement plan for each school in the district,

14  except that a district school board may establish a district

15  school improvement plan that includes all schools in the

16  district operating for the purpose of providing educational

17  services to youth in Department of Juvenile Justice programs.

18  Such plan shall be designed to achieve the state education

19  priorities pursuant to s. 1000.03(5) and student performance

20  standards. In addition, any school required to implement a

21  Rigorous Reading Requirement under s. 1003.415(3) must include

22  this program in its school improvement plan. Each plan shall

23  also address issues relative to budget, training,

24  instructional materials, technology, staffing, student support

25  services, specific school safety and discipline strategies,

26  and other matters of resource allocation, as determined by

27  district school board policy, and shall be based on an

28  analysis of student achievement and other school performance

29  data.

30         Section 3.  Paragraph (b) of subsection (4) of section

31  1008.25, Florida Statutes, is amended to read:

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    Florida Senate - 2004                            CS for SB 354
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 1         1008.25  Public school student progression; remedial

 2  instruction; reporting requirements.--

 3         (4)  ASSESSMENT AND REMEDIATION.--

 4         (b)  The school in which the student is enrolled must

 5  develop, in consultation with the student's parent, and must

 6  implement an academic improvement plan designed to assist the

 7  student in meeting state and district expectations for

 8  proficiency. For a student who meets the requirements in s.

 9  1003.415, the middle school success plan shall be incorporated

10  into the student's academic improvement plan. Beginning with

11  the 2002-2003 school year, if the student has been identified

12  as having a deficiency in reading, the academic improvement

13  plan shall identify the student's specific areas of deficiency

14  in phonemic awareness, phonics, fluency, comprehension, and

15  vocabulary; the desired levels of performance in these areas;

16  and the instructional and support services to be provided to

17  meet the desired levels of performance. Schools shall also

18  provide for the frequent monitoring of the student's progress

19  in meeting the desired levels of performance.  District school

20  boards shall assist schools and teachers to implement

21  research-based reading activities that have been shown to be

22  successful in teaching reading to low-performing students.

23  Remedial instruction provided during high school may not be in

24  lieu of English and mathematics credits required for

25  graduation.

26         Section 4.  Paragraph (a) of subsection (3) of section

27  1012.34, Florida Statutes, is amended to read:

28         1012.34  Assessment procedures and criteria.--

29         (3)  The assessment procedure for instructional

30  personnel and school administrators must be primarily based on

31  the performance of students assigned to their classrooms or

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    Florida Senate - 2004                            CS for SB 354
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 1  schools, as appropriate. The procedures must comply with, but

 2  are not limited to, the following requirements:

 3         (a)  An assessment must be conducted for each employee

 4  at least once a year. The assessment must be based upon sound

 5  educational principles and contemporary research in effective

 6  educational practices. The assessment must primarily use data

 7  and indicators of improvement in student performance assessed

 8  annually as specified in s. 1008.22 and may consider results

 9  of peer reviews in evaluating the employee's performance.

10  Student performance must be measured by state assessments

11  required under s. 1008.22 and by local assessments for

12  subjects and grade levels not measured by the state assessment

13  program. The assessment criteria must include, but are not

14  limited to, indicators that relate to the following:

15         1.  Performance of students.

16         2.  Ability to maintain appropriate discipline.

17         3.  Knowledge of subject matter. The district school

18  board shall make special provisions for evaluating teachers

19  who are assigned to teach out-of-field.

20         4.  Ability to plan and deliver instruction, including

21  the implementation of the Rigorous Reading Requirement under

22  s. 1003.415(3), when applicable, and including the use of

23  technology in the classroom.

24         5.  Ability to evaluate instructional needs.

25         6.  Ability to establish and maintain a positive

26  collaborative relationship with students' families to increase

27  student achievement.

28         7.  Other professional competencies, responsibilities,

29  and requirements as established by rules of the State Board of

30  Education and policies of the district school board.

31  

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    Florida Senate - 2004                            CS for SB 354
    304-1356-04




 1         Section 5.  This act shall take effect upon becoming a

 2  law.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                         Senate Bill 354

 6                                 

 7  Requires the Department of Education to review and make
    recommendations for a revised curriculum for middle schools to
 8  be implemented by 2008-2009.

 9  Requires schools with fewer than 75 percent of sixth, seventh
    and eighth grade students scoring at level 3 or above on the
10  FCAT reading test to implement a new reading initiative called
    the Rigorous Reading Requirement as part of the school
11  improvement plan.

12  Requires the Department of Education to study middle school
    performance and to develop recommendations to improve
13  performance.

14  Requires the Commissioner of Education to submit
    recommendations on improving middle school academic
15  performance to the Legislature and the State Board of
    Education by October 1, 2004.
16  
    Requires that every new sixth grade student who scored below
17  level 3 on the most recent FCAT reading test have a
    personalized middle school success plan developed and
18  implemented for him or her.

19  Authorizes the State Board of Education to adopt rules to
    implement the section.
20  
    Amends section 1001.42, F.S., to require that schools include
21  the Rigorous Reading Requirement in their school improvement
    plans.
22  
    Amends section 1008.25, F.S., to require that students' middle
23  school success plans be incorporated into their academic
    improvement plans, if applicable.
24  
    Amends section 1012.34, F.S., to require that assessment
25  criteria for instructional personnel include an assessment of
    the employee's ability to implement the Rigorous Reading
26  Requirement.

27  

28  

29  

30  

31  

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