Senate Bill sb0028

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    Florida Senate - 2006        (Corrected Copy)            SB 28

    By Senator Fasano





    11-53-06

  1                      A bill to be entitled

  2         An act relating to public K-12 educational

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

  4         revising provisions relating to required

  5         instruction and courses of study in the public

  6         schools; including study of the history of the

  7         United States and free enterprise; requiring

  8         standards and assessments adopted by the State

  9         Board of Education to conform; providing

10         requirements for the teaching and assessment of

11         the history of the United States; amending s.

12         1003.43, F.S., relating to general requirements

13         for high school graduation; including study of

14         the Declaration of Independence; amending s.

15         1002.20, F.S.; conforming a cross-reference;

16         providing an effective date.

17  

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

19  

20         Section 1.  Section 1003.42, Florida Statutes, is

21  amended to read:

22         1003.42  Required instruction.--

23         (1)  Each district school board shall provide all

24  courses required for high school graduation and appropriate

25  instruction designed to ensure that students meet State Board

26  of Education adopted standards in the following subject areas:

27  reading and other language arts, mathematics, science, social

28  studies, foreign languages, health and physical education, and

29  the arts.

30         (2)  All members of the instructional staff of the

31  public schools, subject to the rules of the State Board of

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    Florida Senate - 2006        (Corrected Copy)            SB 28
    11-53-06




 1  Education and the district school board, shall teach

 2  efficiently and faithfully, using the books and materials

 3  required which meet the highest standards for professionalism

 4  and historic accuracy, following the prescribed courses of

 5  study, and employing approved methods of instruction, the

 6  following:

 7         (a)  The history and content of the Declaration of

 8  Independence, including national sovereignty, natural law,

 9  self-evident truth, equality of all persons, limited

10  government, popular sovereignty, and God-given, inalienable

11  rights of life, liberty, and property, and how this history

12  and content form it forms the philosophical foundation of our

13  government.

14         (b)  The history, meaning, significance, and effect of

15  the provisions of the Constitution of the United States and

16  amendments thereto, with emphasis on each of the 10 amendments

17  that make up the Bill of Rights and how the Constitution

18  provides the structure of our government.

19         (c)  The history of the state and of the State

20  Constitution.

21         (d)(b)  The most important arguments in support of

22  adopting our republican form of government, as they are

23  embodied in the most important of the Federalist Papers.

24         (c)  The essentials of the United States Constitution

25  and how it provides the structure of our government.

26         (e)(d)  Flag education, including proper flag display

27  and flag salute.

28         (f)(e)  The elements of United States civil government,

29  including the primary functions of and interrelationships

30  between the Federal Government, the state, and its counties,

31  municipalities, school districts, and special districts.

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    Florida Senate - 2006        (Corrected Copy)            SB 28
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 1         (g)  The history of the United States, including the

 2  period of discovery, early colonies, the War for Independence,

 3  the Civil War, the expansion of the United States to its

 4  present boundaries, the world wars, and the civil rights

 5  movement to the present. The history of the United States

 6  shall be taught as genuine history and shall not follow the

 7  revisionist or postmodernist viewpoints of relative truth.

 8  American history shall be viewed as factual, not as

 9  constructed, shall be viewed as knowable, teachable, and

10  testable, and shall be defined as the creation of a new nation

11  based largely on the universal principles stated in the

12  Declaration of Independence.

13         (h)(f)  The history of the Holocaust (1933-1945), the

14  systematic, planned annihilation of European Jews and other

15  groups by Nazi Germany, a watershed event in the history of

16  humanity, to be taught in a manner that leads to an

17  investigation of human behavior, an understanding of the

18  ramifications of prejudice, racism, and stereotyping, and an

19  examination of what it means to be a responsible and

20  respectful person, for the purposes of encouraging tolerance

21  of racial, ethnic, and religious diversity in a pluralistic

22  society and for nurturing and protecting democratic values and

23  institutions.

24         (i)(g)  The history of African Americans, including the

25  history of African peoples before the political conflicts that

26  led to the development of slavery, the passage to America, the

27  enslavement experience, abolition, and the contributions of

28  African Americans to society.

29         (j)(h)  The elementary principles of agriculture.

30  

31  

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    Florida Senate - 2006        (Corrected Copy)            SB 28
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 1         (k)(i)  The true effects of all alcoholic and

 2  intoxicating liquors and beverages and narcotics upon the

 3  human body and mind.

 4         (l)(j)  Kindness to animals.

 5         (k)  The history of the state.

 6         (m)(l)  The conservation of natural resources.

 7         (n)(m)  Comprehensive health education that addresses

 8  concepts of community health; consumer health; environmental

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

10  sexual abstinence as the expected standard and the

11  consequences of teenage pregnancy; mental and emotional

12  health; injury prevention and safety; nutrition; personal

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

14  and abuse.

15         (o)(n)  Such additional materials, subjects, courses,

16  or fields in such grades as are prescribed by law or by rules

17  of the State Board of Education and the district school board

18  in fulfilling the requirements of law.

19         (p)(o)  The study of Hispanic contributions to the

20  United States.

21         (q)(p)  The study of women's contributions to the

22  United States.

23         (r)  The nature and importance of free enterprise to

24  the United States economy.

25         (s)(q)  A character-development program in the

26  elementary schools, similar to Character First or Character

27  Counts, which is secular in nature and stresses such character

28  qualities as attentiveness, patience, and initiative.

29  Beginning in school year 2004-2005, the character-development

30  program shall be required in kindergarten through grade 12.

31  Each district school board shall develop or adopt a curriculum

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    Florida Senate - 2006        (Corrected Copy)            SB 28
    11-53-06




 1  for the character-development program which that shall be

 2  submitted to the department for approval. The

 3  character-development curriculum shall stress the qualities of

 4  patriotism;, responsibility;, citizenship; the Golden Rule;,

 5  kindness;, respect for authority, human life, liberty, and

 6  personal property;, honesty; abstinence until marriage;

 7  charity;, self-control;, racial, ethnic, and religious

 8  tolerance;, and cooperation.

 9         (t)(r)  In order to encourage patriotism, the

10  sacrifices that veterans have made in serving our country and

11  protecting democratic values worldwide. Such instruction must

12  occur on or before Veterans' Day and Memorial Day. Members of

13  the instructional staff are encouraged to use the assistance

14  of local veterans when practicable.

15  

16  Standards and assessments adopted by the State Board of

17  Education must be based on, and conform to, the requirements

18  of this subsection.

19         (3)  Each district school board shall require that:

20         (a)  United States history, including the provisions of

21  paragraphs (2)(a)-(g), be taught in at least two grade levels

22  in elementary school, two grade levels in middle school, and

23  two grade levels in high school.

24         (b)  High school students achieve a grade of 75 percent

25  or higher on a test to ensure that they understand the

26  contents, meaning, and significance of the Declaration of

27  Independence and the Constitution of the United States and the

28  amendments thereto.

29         (4)(3)  Any student whose parent makes written request

30  to the school principal shall be exempted from the teaching of

31  reproductive health or any disease, including HIV/AIDS, its

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    Florida Senate - 2006        (Corrected Copy)            SB 28
    11-53-06




 1  symptoms, development, and treatment. A student so exempted

 2  may not be penalized by reason of that exemption. Course

 3  descriptions for comprehensive health education shall not

 4  interfere with the local determination of appropriate

 5  curriculum which reflects local values and concerns.

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

 7  1003.43, Florida Statutes, is amended to read:

 8         1003.43  General requirements for high school

 9  graduation.--

10         (1)  Graduation requires successful completion of

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

12  or an International Baccalaureate curriculum. The 24 credits

13  shall be distributed as follows:

14         (g)  One-half credit in American government, including

15  study of the Declaration of Independence and the Constitution

16  of the United States. For students entering the 9th grade in

17  the 1997-1998 school year and thereafter, the study of Florida

18  government, including study of the State Constitution, the

19  three branches of state government, and municipal and county

20  government, shall be included as part of the required study of

21  American government.

22  

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

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

25  completion of nonpaid voluntary community or school service

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

27  75 hours of service in order to earn the one-half credit in

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

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

30  boards that approve the award of credit for student volunteer

31  service shall develop guidelines regarding the award of the

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    Florida Senate - 2006        (Corrected Copy)            SB 28
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 1  credit, and school principals are responsible for approving

 2  specific volunteer activities. A course designated in the

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

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

 5  graduation requirements or Florida Academic Scholars award

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

 7  progression plan. A student shall be granted credit toward

 8  meeting the requirements of this subsection for equivalent

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

10  through dual enrollment.

11         Section 3.  Paragraph (d) of subsection (3) of section

12  1002.20, Florida Statutes, is amended to read:

13         1002.20  K-12 student and parent rights.--Parents of

14  public school students must receive accurate and timely

15  information regarding their child's academic progress and must

16  be informed of ways they can help their child to succeed in

17  school. K-12 students and their parents are afforded numerous

18  statutory rights including, but not limited to, the following:

19         (3)  HEALTH ISSUES.--

20         (d)  Reproductive health and disease education.--A

21  public school student whose parent makes written request to

22  the school principal shall be exempted from the teaching of

23  reproductive health or any disease, including HIV/AIDS, in

24  accordance with s. 1003.42(4) the provisions of s. 1003.42(3).

25         Section 4.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006        (Corrected Copy)            SB 28
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 2                          SENATE SUMMARY

 3    Revises the requirements for required instruction in the
      public schools. Requires the teaching of history,
 4    national sovereignty, natural law, self-evident truth,
      equality of all persons, limited government, popular
 5    sovereignty, and God-given rights of life, liberty, and
      property. Provides additional requirements for the
 6    teaching of history and standards and assessments with
      respect thereto.
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