HB 0901

1
A bill to be entitled
2An act relating to public school educational instruction;
3creating s. 1003.415, F.S.; providing the popular name the
4"Middle Grades Reform Act"; providing purpose and intent;
5defining the term "middle grades"; requiring a review and
6recommendations relating to curricula and courses;
7requiring implementation of new or revised reading and
8language arts courses; providing for implementation of a
9rigorous reading requirement in certain schools; requiring
10a study of the academic performance of middle grade
11students and schools with recommendations for an increase
12in performance; requiring a personalized middle school
13success plan for certain students; providing authority for
14State Board of Education rulemaking and enforcement;
15amending s. 1001.42, F.S.; requiring a school improvement
16plan to include the rigorous reading requirement if
17applicable; amending s. 1008.25, F.S.; requiring a
18personalized middle school success plan to be incorporated
19in a student's academic improvement plan if applicable;
20amending s. 1012.34, F.S.; revising assessment criteria
21for instructional personnel; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Section 1003.415, Florida Statutes, is created
26to read:
27     1003.415  The Middle Grades Reform Act.--
28     (1)  POPULAR NAME.--This section shall be known by the
29popular name the ?Middle Grades Reform Act.?
30     (2)  PURPOSE AND INTENT.--The purpose of this section is to
31provide added focus and rigor to academics in the middle grades.
32Using reading as the foundation, all middle grade students
33should receive rigorous academic instruction through challenging
34curricula delivered by highly qualified teachers in schools with
35outstanding leadership, which schools are supported by engaged
36and informed parents. It is the intent of the Legislature that
37students promoted from the eighth grade will be ready for
38success in high school.
39     (3)  DEFINITION.--As used in this section, the term ?middle
40grades? means grades 6, 7, and 8.
41     (4)  CURRICULA AND COURSES.--The Department of Education
42shall review course offerings, teacher qualifications,
43instructional materials, and teaching practices used in reading
44and language arts programs in the middle grades. The department
45must consult with the Florida Center for Reading Research at
46Florida State University, the Just Read, Florida! Office,
47reading researchers, reading specialists, and district
48supervisors of curriculum in the development of findings and
49recommendations. The Commissioner of Education shall make
50recommendations to the State Board of Education regarding
51changes to reading and language arts curricula in the middle
52grades based on research-based proven effective programs. The
53State Board of Education shall adopt rules based upon the
54commissioner?s recommendations no later than March 1, 2005.
55Implementation of new or revised reading and language arts
56courses in all middle grades shall be phased in beginning no
57later than the 2005-2006 school year with completion no later
58than the 2008-2009 school year.
59     (5) RIGOROUS READING REQUIREMENT.--
60     (a)  Beginning with the 2004-2005 school year, each public
61school serving middle grade students, including charter schools,
62with fewer than 75 percent of its students reading at or above
63grade level in grade 6, 7, and 8 as measured by a student
64scoring at Level 3 or above on the FCAT during the prior school
65year, must incorporate by October 1 a rigorous reading
66requirement for reading and language arts programs as the
67primary component of its school improvement plan. The department
68shall annually provide to each district school board by June 30
69a list of its schools that are required to incorporate a
70rigorous reading requirement as the primary component of the
71school's improvement plan.
72     (b)  The purpose of the rigorous reading requirement is to
73assist each student who is not reading at or above grade level
74to do so before entering high school. The rigorous reading
75requirement must include for a middle school's low-performing
76student population specific areas that address phonemic
77awareness, phonics, fluency, comprehension, and vocabulary; the
78desired levels of performance in those areas; and the
79instructional and support services to be provided to meet the
80desired levels of performance. The school shall utilize
81research-based reading activities that have been shown to be
82successful in teaching reading to low-performing students.
83     (c)  Schools required to implement the rigorous reading
84requirement must provide quarterly reports to the district
85school superintendent on the progress of students toward
86increased reading achievement.
87     (d)  The results of implementation of a school?s rigorous
88reading requirement shall be used as part of the annual
89evaluation of the school?s instructional personnel and school
90administrators as required in s. 1012.34.
91     (6)  COMPREHENSIVE REFORM STUDY ON THE ACADEMIC PERFORMANCE
92OF STUDENTS AND SCHOOLS.--
93     (a)  The department shall conduct a study on how the
94overall academic performance of middle grade students and
95schools can be improved. The department must consult with the
96Florida Center for Reading Research at Florida State University,
97the Just Read, Florida! Office, and key education stakeholders,
98including district school board members, district school
99superintendents, principals, parents, teachers, district
100supervisors of curriculum, and students across the state, in the
101development of its findings and recommendations. The department
102shall review, at a minimum, each of the following elements:
103     1.  Academic expectations, which include, but are not
104limited to:
105     a.  Alignment of middle school expectations with elementary
106and high school graduation requirements.
107     b.  Best practices to improve reading and language arts
108courses based on research-based programs for middle school
109students in alignment with the Sunshine State Standards.
110     c.  Strategies that focus on improving academic success for
111low?performing students.
112     d.  Rigor of curricula and courses.
113     e.  Instructional materials.
114     f.  Course enrollment by middle school students.
115     g.  Student support services.
116     h.  Measurement and reporting of student achievement.
117     2.  Attendance policies and student mobility issues.
118     3.  Teacher quality, which includes, but is not limited to:
119     a.  Preparedness of teachers to teach rigorous courses to
120middle school students.
121     b.  Teacher evaluations.
122     c.  Substitute teachers.
123     d.  Certification and recertification requirements.
124     e.  Staff development requirements.
125     f.  Availability of effective staff development training.
126     g.  Options to remove ineffective teachers.
127     h.  Teacher recruitment and vacancy issues.
128     i.  Federal requirements for highly qualified teachers
129pursuant to the No Child Left Behind Act of 2001.
130     4.  Identification and availability of diagnostic testing.
131     5.  Availability of personnel and scheduling issues.
132     6.  Middle school leadership.
133     7.  Parental and community involvement.
134
135By December 1, 2004, the Commissioner of Education shall submit
136to the President of the Senate, the Speaker of the House of
137Representatives, the chairs of the education committees in the
138Senate and the House of Representatives, and the State Board of
139Education recommendations to increase the academic performance
140of middle grade students and schools.
141     (7)  PERSONALIZED MIDDLE SCHOOL SUCCESS PLAN.--
142     (a)  Beginning with the 2004-2005 school year, each
143principal of a school with a middle grade shall designate
144certified staff members at the school to develop and administer
145a personalized middle school success plan for each entering
146sixth grade student who scored below Level 3 in reading on the
147most recently administered FCAT. The purpose of the success plan
148is to assist the student in meeting state and school district
149expectations in academic proficiency and to prepare the student
150for a rigorous high school curriculum. The success plan shall be
151developed in collaboration with the student and his or her
152parent and must be implemented until the student completes the
153eighth grade. The success plan must minimize paperwork and may
154be incorporated into a parent/teacher conference, included as
155part of a progress report or report card, included as part of a
156general orientation at the beginning of the school year, or
157provided by electronic mail or other written correspondence.
158     (b)  The personalized middle school success plan must:
159     1.  Identify educational goals and intermediate benchmarks
160for the student in the core curriculum areas which will prepare
161the student for high school.
162     2.  Be based upon academic performance data and an
163identification of the student?s strengths and weaknesses.
164     3.  Include academic intervention strategies with frequent
165progress monitoring.
166     4.  Provide innovative methods to promote the student?s
167advancement which may include, but not be limited to, flexible
168scheduling, tutoring, focus on core curricula, online
169instruction, an alternative learning environment, or other
170interventions that have been shown to accelerate the learning
171process.
172     (c)  The personalized middle school success plan must be
173incorporated into any individual student plan required by
174federal or state law, including the academic improvement plan
175required in s. 1008.25, an individual education plan (IEP) for a
176student with disabilities, a federal 504 plan, or an ESOL plan.
177     (8)  STATE BOARD OF EDUCATION AUTHORITY.--
178     (a)  The State Board of Education shall have authority to
179adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
180the provisions of this section.
181     (b)  The State Board of Education shall have authority
182pursuant to s. 1008.32 to enforce the provisions of this
183section.
184     Section 2.  Paragraph (a) of subsection (16) of section
1851001.42, Florida Statutes, is amended to read:
186     1001.42  Powers and duties of district school board.--The
187district school board, acting as a board, shall exercise all
188powers and perform all duties listed below:
189     (16)  IMPLEMENT SCHOOL IMPROVEMENT AND
190ACCOUNTABILITY.--Maintain a system of school improvement and
191education accountability as provided by statute and State Board
192of Education rule. This system of school improvement and
193education accountability shall be consistent with, and
194implemented through, the district's continuing system of
195planning and budgeting required by this section and ss.
1961008.385, 1010.01, and 1011.01. This system of school
197improvement and education accountability shall include, but is
198not limited to, the following:
199     (a)  School improvement plans.--Annually approve and
200require implementation of a new, amended, or continuation school
201improvement plan for each school in the district, except that a
202district school board may establish a district school
203improvement plan that includes all schools in the district
204operating for the purpose of providing educational services to
205youth in Department of Juvenile Justice programs. Such plan
206shall be designed to achieve the state education priorities
207pursuant to s. 1000.03(5) and student performance standards. In
208addition, any school required to implement a rigorous reading
209requirement pursuant to s. 1003.415 must include such component
210in its school improvement plan. Each plan shall also address
211issues relative to budget, training, instructional materials,
212technology, staffing, student support services, specific school
213safety and discipline strategies, and other matters of resource
214allocation, as determined by district school board policy, and
215shall be based on an analysis of student achievement and other
216school performance data.
217     Section 3.  Paragraph (b) of subsection (4) of section
2181008.25, Florida Statutes, is amended to read:
219     1008.25  Public school student progression; remedial
220instruction; reporting requirements.--
221     (4)  ASSESSMENT AND REMEDIATION.--
222     (b)  The school in which the student is enrolled must
223develop, in consultation with the student's parent, and must
224implement an academic improvement plan designed to assist the
225student in meeting state and district expectations for
226proficiency. For a student for whom a personalized middle school
227success plan is required pursuant to s. 1003.415, the middle
228school success plan must be incorporated in the student's
229academic improvement plan. Beginning with the 2002-2003 school
230year, if the student has been identified as having a deficiency
231in reading, the academic improvement plan shall identify the
232student's specific areas of deficiency in phonemic awareness,
233phonics, fluency, comprehension, and vocabulary; the desired
234levels of performance in these areas; and the instructional and
235support services to be provided to meet the desired levels of
236performance. Schools shall also provide for the frequent
237monitoring of the student's progress in meeting the desired
238levels of performance. District school boards shall assist
239schools and teachers to implement research-based reading
240activities that have been shown to be successful in teaching
241reading to low-performing students. Remedial instruction
242provided during high school may not be in lieu of English and
243mathematics credits required for graduation.
244     Section 4.  Paragraph (a) of subsection (3) of section
2451012.34, Florida Statutes, is amended to read:
246     1012.34  Assessment procedures and criteria.--
247     (3)  The assessment procedure for instructional personnel
248and school administrators must be primarily based on the
249performance of students assigned to their classrooms or schools,
250as appropriate. The procedures must comply with, but are not
251limited to, the following requirements:
252     (a)  An assessment must be conducted for each employee at
253least once a year. The assessment must be based upon sound
254educational principles and contemporary research in effective
255educational practices. The assessment must primarily use data
256and indicators of improvement in student performance assessed
257annually as specified in s. 1008.22 and may consider results of
258peer reviews in evaluating the employee's performance. Student
259performance must be measured by state assessments required under
260s. 1008.22 and by local assessments for subjects and grade
261levels not measured by the state assessment program. The
262assessment criteria must include, but are not limited to,
263indicators that relate to the following:
264     1.  Performance of students.
265     2.  Ability to maintain appropriate discipline.
266     3.  Knowledge of subject matter. The district school board
267shall make special provisions for evaluating teachers who are
268assigned to teach out-of-field.
269     4.  Ability to plan and deliver instruction, including
270implementation of the rigorous reading requirement pursuant to
271s. 1003.415, when applicable, and the use of technology in the
272classroom.
273     5.  Ability to evaluate instructional needs.
274     6.  Ability to establish and maintain a positive
275collaborative relationship with students' families to increase
276student achievement.
277     7.  Other professional competencies, responsibilities, and
278requirements as established by rules of the State Board of
279Education and policies of the district school board.
280     Section 5.  This act shall take effect upon becoming a law.


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