HB 0901

1	A bill to be entitled
2	An act relating to public school educational instruction;
3	creating s. 1003.415, F.S.; providing the popular name the
4	"Middle Grades Reform Act"; providing purpose and intent;
5	defining the term "middle grades"; requiring a review and
6	recommendations relating to curricula and courses;
7	requiring implementation of new or revised reading and
8	language arts courses; providing for implementation of a
9	rigorous reading requirement in certain schools; requiring
10	a study of the academic performance of middle grade
11	students and schools with recommendations for an increase
12	in performance; requiring a personalized middle school
13	success plan for certain students; providing authority for
14	State Board of Education rulemaking and enforcement;
15	amending s. 1001.42, F.S.; requiring a school improvement
16	plan to include the rigorous reading requirement if
17	applicable; amending s. 1008.25, F.S.; requiring a
18	personalized middle school success plan to be incorporated
19	in a student's academic improvement plan if applicable;
20	amending s. 1012.34, F.S.; revising assessment criteria
21	for instructional personnel; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Section 1003.415, Florida Statutes, is created
26	to read:
27	1003.415  The Middle Grades Reform Act.--
28	(1)  POPULAR NAME.--This section shall be known by the
29	popular name the "Middle Grades Reform Act."
30	(2)  PURPOSE AND INTENT.--The purpose of this section is to
31	provide added focus and rigor to academics in the middle grades.
32	Using reading as the foundation, all middle grade students
33	should receive rigorous academic instruction through challenging
34	curricula delivered by highly qualified teachers in schools with
35	outstanding leadership, which schools are supported by engaged
36	and informed parents. It is the intent of the Legislature that
37	students promoted from the eighth grade will be ready for
38	success in high school.
39	(3)  DEFINITION.--As used in this section, the term "middle
40	grades" means grades 6, 7, and 8.
41	(4)  CURRICULA AND COURSES.--The Department of Education
42	shall review course offerings, teacher qualifications,
43	instructional materials, and teaching practices used in reading
44	and language arts programs in the middle grades. The department
45	must consult with the Florida Center for Reading Research at
46	Florida State University, the Just Read, Florida! Office,
47	reading researchers, reading specialists, and district
48	supervisors of curriculum in the development of findings and
49	recommendations. The Commissioner of Education shall make
50	recommendations to the State Board of Education regarding
51	changes to reading and language arts curricula in the middle
52	grades based on research-based proven effective programs. The
53	State Board of Education shall adopt rules based upon the
54	commissioner's recommendations no later than March 1, 2005.
55	Implementation of new or revised reading and language arts
56	courses in all middle grades shall be phased in beginning no
57	later than the 2005-2006 school year with completion no later
58	than the 2008-2009 school year.
59	(5)  RIGOROUS READING REQUIREMENT.--
60	(a)  Beginning with the 2004-2005 school year, each public
61	school serving middle grade students, including charter schools,
62	with fewer than 75 percent of its students reading at or above
63	grade level in grade 6, grade 7, or grade 8 as measured by a
64	student scoring at Level 3 or above on the FCAT during the prior
65	school year, must incorporate by October 1 a rigorous reading
66	requirement for reading and language arts programs as the
67	primary component of its school improvement plan. The department
68	shall annually provide to each district school board by June 30
69	a list of its schools that are required to incorporate a
70	rigorous reading requirement as the primary component of the
71	school's improvement plan. The department shall provide
72	technical assistance to school districts and school
73	administrators required to implement the rigorous reading
74	requirement.
75	(b)  The purpose of the rigorous reading requirement is to
76	assist each student who is not reading at or above grade level
77	to do so before entering high school. The rigorous reading
78	requirement must include for a middle school's low-performing
79	student population specific areas that address phonemic
80	awareness, phonics, fluency, comprehension, and vocabulary; the
81	desired levels of performance in those areas; and the
82	instructional and support services to be provided to meet the
83	desired levels of performance. The school shall utilize
84	research-based reading activities that have been shown to be
85	successful in teaching reading to low-performing students.
86	(c)  Schools required to implement the rigorous reading
87	requirement must provide quarterly reports to the district
88	school superintendent on the progress of students toward
89	increased reading achievement.
90	(d)  The results of implementation of a school's rigorous
91	reading requirement shall be used as part of the annual
92	evaluation of the school's instructional personnel and school
93	administrators as required in s. 1012.34.
94	(6)  COMPREHENSIVE REFORM STUDY ON THE ACADEMIC PERFORMANCE
95	OF STUDENTS AND SCHOOLS.--
96	(a)  The department shall conduct a study on how the
97	overall academic performance of middle grade students and
98	schools can be improved. The department must consult with the
99	Florida Center for Reading Research at Florida State University,
100	the Just Read, Florida! Office, and key education stakeholders,
101	including district school board members, district school
102	superintendents, principals, parents, teachers, district
103	supervisors of curriculum, and students across the state, in the
104	development of its findings and recommendations. The department
105	shall review, at a minimum, each of the following elements:
106	1.  Academic expectations, which include, but are not
107	limited to:
108	a.  Alignment of middle school expectations with elementary
109	and high school graduation requirements.
110	b.  Best practices to improve reading and language arts
111	courses based on research-based programs for middle school
112	students in alignment with the Sunshine State Standards.
113	c.  Strategies that focus on improving academic success for
114	low?performing students.
115	d.  Rigor of curricula and courses.
116	e.  Instructional materials.
117	f.  Course enrollment by middle school students.
118	g.  Student support services.
119	h.  Measurement and reporting of student achievement.
120	2.  Attendance policies and student mobility issues.
121	3.  Teacher quality, which includes, but is not limited to:
122	a.  Preparedness of teachers to teach rigorous courses to
123	middle school students.
124	b.  Teacher evaluations.
125	c.  Substitute teachers.
126	d.  Certification and recertification requirements.
127	e.  Staff development requirements.
128	f.  Availability of effective staff development training.
129	g.  Teacher recruitment and vacancy issues.
130	h.  Federal requirements for highly qualified teachers
131	pursuant to the No Child Left Behind Act of 2001.
132	4.  Identification and availability of diagnostic testing.
133	5.  Availability of personnel and scheduling issues.
134	6.  Middle school leadership and performance.
135	7.  Parental and community involvement.
136	(b)  By December 1, 2004, the Commissioner of Education
137	shall submit to the President of the Senate, the Speaker of the
138	House of Representatives, the chairs of the education committees
139	in the Senate and the House of Representatives, and the State
140	Board of Education recommendations to increase the academic
141	performance of middle grade students and schools.
142	(7)  PERSONALIZED MIDDLE SCHOOL SUCCESS PLAN.--
143	(a)  Beginning with the 2004-2005 school year, each
144	principal of a school with a middle grade shall designate
145	certified staff members at the school to develop and administer
146	a personalized middle school success plan for each entering
147	sixth grade student who scored below Level 3 in reading on the
148	most recently administered FCAT. The purpose of the success plan
149	is to assist the student in meeting state and school district
150	expectations in academic proficiency and to prepare the student
151	for a rigorous high school curriculum. The success plan shall be
152	developed in collaboration with the student and his or her
153	parent and must be implemented until the student completes the
154	eighth grade or achieves a score at Level 3 or above in reading
155	on the FCAT, whichever occurs first. The success plan must
156	minimize paperwork and may be incorporated into a parent/teacher
157	conference, included as part of a progress report or report
158	card, included as part of a general orientation at the beginning
159	of the school year, or provided by electronic mail or other
160	written correspondence.
161	(b)  The personalized middle school success plan must:
162	1.  Identify educational goals and intermediate benchmarks
163	for the student in the core curriculum areas which will prepare
164	the student for high school.
165	2.  Be based upon academic performance data and an
166	identification of the student's strengths and weaknesses.
167	3.  Include academic intervention strategies with frequent
168	progress monitoring.
169	4.  Provide innovative methods to promote the student's
170	advancement which may include, but not be limited to, flexible
171	scheduling, tutoring, focus on core curricula, online
172	instruction, an alternative learning environment, or other
173	interventions that have been shown to accelerate the learning
174	process.
175	(c)  The personalized middle school success plan must be
176	incorporated into any individual student plan required by
177	federal or state law, including the academic improvement plan
178	required in s. 1008.25, an individual education plan (IEP) for a
179	student with disabilities, a federal 504 plan, or an ESOL plan.
180	(d)  The Department of Education shall provide technical
181	assistance to school districts, school administrators, and
182	instructional personnel regarding the development of
183	personalized middle school success plans. The assistance shall
184	include strategies and techniques designed to maximize
185	interaction between students, parents, teachers, and other
186	instructional and administrative staff while minimizing
187	paperwork.
188	(8)  STATE BOARD OF EDUCATION AUTHORITY.--
189	(a)  The State Board of Education shall have authority to
190	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
191	the provisions of this section.
192	(b)  The State Board of Education shall have authority
193	pursuant to s. 1008.32 to enforce the provisions of this
194	section.
195	Section 2.  Paragraph (a) of subsection (16) of section
196	1001.42, Florida Statutes, is amended to read:
197	1001.42  Powers and duties of district school board.--The
198	district school board, acting as a board, shall exercise all
199	powers and perform all duties listed below:
200	(16)  IMPLEMENT SCHOOL IMPROVEMENT AND
201	ACCOUNTABILITY.--Maintain a system of school improvement and
202	Maintain a system of school improvement and education
203	accountability as provided by statute and State Board of
204	Education rule. This system of school improvement and education
205	accountability shall be consistent with, and implemented
206	through, the district's continuing system of planning and
207	budgeting required by this section and ss. 1008.385, 1010.01,
208	and 1011.01. This system of school improvement and education
209	accountability shall include, but is not limited to, the
210	following:
211	(a)  School improvement plans.--Annually approve and
212	require implementation of a new, amended, or continuation school
213	improvement plan for each school in the district, except that a
214	district school board may establish a district school
215	improvement plan that includes all schools in the district
216	operating for the purpose of providing educational services to
217	youth in Department of Juvenile Justice programs. Such plan
218	shall be designed to achieve the state education priorities
219	pursuant to s. 1000.03(5) and student performance standards. In
220	addition, any school required to implement a rigorous reading
221	requirement pursuant to s. 1003.415 must include such component
222	in its school improvement plan. Each plan shall also address
223	issues relative to budget, training, instructional materials,
224	technology, staffing, student support services, specific school
225	safety and discipline strategies, and other matters of resource
226	allocation, as determined by district school board policy, and
227	shall be based on an analysis of student achievement and other
228	school performance data.
229	Section 3.  Paragraph (b) of subsection (4) of section
230	1008.25, Florida Statutes, is amended to read:
231	1008.25  Public school student progression; remedial
232	instruction; reporting requirements.--
233	(4)  ASSESSMENT AND REMEDIATION.--
234	(b)  The school in which the student is enrolled must
235	develop, in consultation with the student's parent, and must
236	implement an academic improvement plan designed to assist the
237	student in meeting state and district expectations for
238	proficiency. For a student for whom a personalized middle school
239	success plan is required pursuant to s. 1003.415, the middle
240	school success plan must be incorporated in the student's
241	academic improvement plan. Beginning with the 2002-2003 school
242	year, if the student has been identified as having a deficiency
243	in reading, the academic improvement plan shall identify the
244	student's specific areas of deficiency in phonemic awareness,
245	phonics, fluency, comprehension, and vocabulary; the desired
246	levels of performance in these areas; and the instructional and
247	support services to be provided to meet the desired levels of
248	performance. Schools shall also provide for the frequent
249	monitoring of the student's progress in meeting the desired
250	levels of performance. District school boards shall assist
251	schools and teachers to implement research-based reading
252	activities that have been shown to be successful in teaching
253	reading to low-performing students. Remedial instruction
254	provided during high school may not be in lieu of English and
255	mathematics credits required for graduation.
256	Section 4.  Paragraph (a) of subsection (3) of section
257	1012.34, Florida Statutes, is amended to read:
258	1012.34  Assessment procedures and criteria.--
259	(3)  The assessment procedure for instructional personnel
260	and school administrators must be primarily based on the
261	performance of students assigned to their classrooms or schools,
262	as appropriate. The procedures must comply with, but are not
263	limited to, the following requirements:
264	(a)  An assessment must be conducted for each employee at
265	least once a year. The assessment must be based upon sound
266	educational principles and contemporary research in effective
267	educational practices. The assessment must primarily use data
268	and indicators of improvement in student performance assessed
269	annually as specified in s. 1008.22 and may consider results of
270	peer reviews in evaluating the employee's performance. Student
271	performance must be measured by state assessments required under
272	s. 1008.22 and by local assessments for subjects and grade
273	levels not measured by the state assessment program. The
274	assessment criteria must include, but are not limited to,
275	indicators that relate to the following:
276	1.  Performance of students.
277	2.  Ability to maintain appropriate discipline.
278	3.  Knowledge of subject matter. The district school board
279	shall make special provisions for evaluating teachers who are
280	assigned to teach out-of-field.
281	4.  Ability to plan and deliver instruction, including
282	implementation of the rigorous reading requirement pursuant to
283	s. 1003.415, when applicable, and the use of technology in the
284	classroom.
285	5.  Ability to evaluate instructional needs.
286	6.  Ability to establish and maintain a positive
287	collaborative relationship with students' families to increase
288	student achievement.
289	7.  Other professional competencies, responsibilities, and
290	requirements as established by rules of the State Board of
291	Education and policies of the district school board.
292	Section 5.  This act shall take effect upon becoming a law.

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