Florida Senate - 2023 SB 758 By Senator Calatayud 38-00972-23 2023758__ 1 A bill to be entitled 2 An act relating to reading strategies; amending s. 3 1001.215, F.S.; requiring that certain reading 4 instructional and intervention programs exclude 5 specified programs; amending s. 1004.04, F.S.; 6 requiring that certain reading instructional 7 strategies exclude specified programs; amending s. 8 1004.85, F.S.; requiring that certain reading 9 instructional strategies exclude specified programs; 10 amending s. 1006.283, F.S.; requiring that certain 11 instructional materials exclude specified materials; 12 amending s. 1006.31, F.S.; requiring that certain 13 instructional materials exclude specified materials; 14 amending s. 1011.62, F.S.; requiring that certain 15 supplemental instructional materials exclude specified 16 materials; revising a requirement pertaining to school 17 districts’ comprehensive reading plans; amending s. 18 1012.56, F.S.; requiring that certain reading 19 instructional strategies exclude specified strategies; 20 amending s. 1012.98, F.S.; requiring that certain 21 teacher training exclude specified training; providing 22 an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Subsection (8) of section 1001.215, Florida 27 Statutes, is amended to read: 28 1001.215 Just Read, Florida! Office.—There is created in 29 the Department of Education the Just Read, Florida! Office. The 30 office is fully accountable to the Commissioner of Education and 31 shall: 32 (8) Work with the Florida Center for Reading Research to 33 identify scientifically researched and evidence-based reading 34 instructional and intervention programs that incorporate 35 explicit, systematic, and sequential approaches to teaching 36 phonemic awareness, phonics, vocabulary, fluency, and text 37 comprehension and incorporate decodable or phonetic text 38 instructional strategies. Reading intervention includes 39 evidence-based strategies frequently used to remediate reading 40 deficiencies and includes, but is not limited to, individual 41 instruction, multisensory approaches, tutoring, mentoring, or 42 the use of technology that targets specific reading skills and 43 abilities. The identified reading instructional and intervention 44 programs for foundational skills may not include those that 45 employ the three-cueing system model of reading, visual memory 46 as the primary basis for teaching word recognition, or the 47 three-cueing system model of reading based on meaning, structure 48 and syntax, and visual, which is also known as “MSV.” 49 Section 2. Paragraph (b) of subsection (2) of section 50 1004.04, Florida Statutes, is amended to read: 51 1004.04 Public accountability and state approval for 52 teacher preparation programs.— 53 (2) UNIFORM CORE CURRICULA AND CANDIDATE ASSESSMENT.— 54 (b) The rules to establish uniform core curricula for each 55 state-approved teacher preparation program must include, but are 56 not limited to, the following: 57 1. Candidate instruction and assessment in the Florida 58 Educator Accomplished Practices across content areas. 59 2. The use of state-adopted content standards to guide 60 curricula and instruction. 61 3. Scientifically researched and evidence-based reading 62 instructional strategies that improve reading performance for 63 all students, including explicit, systematic, and sequential 64 approaches to teaching phonemic awareness, phonics, vocabulary, 65 fluency, and text comprehension and multisensory intervention 66 strategies. Instructional strategies for foundational skills may 67 not include those that employ the three-cueing system model of 68 reading, visual memory as the primary basis for teaching word 69 recognition, or the three-cueing system model of reading based 70 on meaning, structure and syntax, and visual, which is also 71 known as “MSV.” 72 4. Content literacy and mathematics practices. 73 5. Strategies appropriate for the instruction of English 74 language learners. 75 6. Strategies appropriate for the instruction of students 76 with disabilities. 77 7. Strategies to differentiate instruction based on student 78 needs. 79 8. Strategies and practices to support evidence-based 80 content aligned to state standards and grading practices. 81 9. Strategies appropriate for the early identification of a 82 student in crisis or experiencing a mental health challenge and 83 the referral of such student to a mental health professional for 84 support. 85 10. Strategies to support the use of technology in 86 education and distance learning. 87 Section 3. Paragraph (a) of subsection (3) of section 88 1004.85, Florida Statutes, is amended to read: 89 1004.85 Postsecondary educator preparation institutes.— 90 (3) Educator preparation institutes approved pursuant to 91 this section may offer competency-based certification programs 92 specifically designed for noneducation major baccalaureate 93 degree holders to enable program participants to meet the 94 educator certification requirements of s. 1012.56. An educator 95 preparation institute choosing to offer a competency-based 96 certification program pursuant to the provisions of this section 97 must implement a program previously approved by the Department 98 of Education for this purpose or a program developed by the 99 institute and approved by the department for this purpose. 100 Approved programs shall be available for use by other approved 101 educator preparation institutes. 102 (a) Within 90 days after receipt of a request for approval, 103 the Department of Education shall approve a preparation program 104 pursuant to the requirements of this subsection or issue a 105 statement of the deficiencies in the request for approval. The 106 department shall approve a certification program if the 107 institute provides evidence of the institute’s capacity to 108 implement a competency-based program that includes each of the 109 following: 110 1.a. Participant instruction and assessment in the Florida 111 Educator Accomplished Practices across content areas. 112 b. The use of state-adopted student content standards to 113 guide curriculum and instruction. 114 c.Scientifically researched andEvidence-based reading 115 instructional strategies that improve reading performance for 116 all students, including explicit, systematic, and sequential 117 approaches to teaching phonemic awareness, phonics, vocabulary, 118 fluency, and text comprehension and multisensory intervention 119 strategies. Reading instructional strategies for foundational 120 skills may not include those that employ the three-cueing system 121 model of reading, visual memory as the primary basis for 122 teaching word recognition, or the three-cueing system model of 123 reading based on meaning, structure and syntax, and visual, 124 which is also known as “MSV.” 125 d. Content literacy and mathematical practices. 126 e. Strategies appropriate for instruction of English 127 language learners. 128 f. Strategies appropriate for instruction of students with 129 disabilities. 130 g. Strategies to differentiate instruction based on student 131 needs. 132 h. Strategies and practices to support evidence-based 133 content aligned to state standards and grading practices. 134 i. Strategies appropriate for the early identification of a 135 student in crisis or experiencing a mental health challenge and 136 the referral of such student to a mental health professional for 137 support. 138 j. Strategies to support the use of technology in education 139 and distance learning. 140 2. An educational plan for each participant to meet 141 certification requirements and demonstrate his or her ability to 142 teach the subject area for which the participant is seeking 143 certification, which is based on an assessment of his or her 144 competency in the areas listed in subparagraph 1. 145 3. Field experiences appropriate to the certification 146 subject area specified in the educational plan with a diverse 147 population of students in a variety of challenging environments, 148 including, but not limited to, high-poverty schools, urban 149 schools, and rural schools, under the supervision of qualified 150 educators. The state board shall determine in rule the amount of 151 field experience necessary to serve as the teacher of record, 152 beginning with candidates entering a program in the 2023-2024 153 school year. 154 4. A certification ombudsman to facilitate the process and 155 procedures required for participants who complete the program to 156 meet any requirements related to the background screening 157 pursuant to s. 1012.32 and educator professional or temporary 158 certification pursuant to s. 1012.56. 159 Section 4. Subsection (4) of section 1006.283, Florida 160 Statutes, is amended to read: 161 1006.283 District school board instructional materials 162 review process.— 163 (4) Instructional materials that have been reviewed by the 164 district instructional materials reviewers and approved must 165 have been determined to align with all applicable state 166 standards pursuant to s. 1003.41 and the requirements in s. 167 1006.31. Instructional materials for foundational skills may not 168 include those that employ the three-cueing system model of 169 reading, visual memory as the primary basis for teaching word 170 recognition, or the three-cueing system model of reading based 171 on meaning, structure and syntax, and visual, which is also 172 known as “MSV.” The district school superintendent shall 173 annually certify to the department that all instructional 174 materials for core courses used by the district are aligned with 175 all applicable state standards and have been reviewed, selected, 176 and adopted by the district school board in accordance with the 177 school board hearing and public meeting requirements of this 178 section. 179 Section 5. Subsection (2) of section 1006.31, Florida 180 Statutes, is amended to read: 181 1006.31 Duties of the Department of Education and school 182 district instructional materials reviewer.—The duties of the 183 instructional materials reviewer are: 184 (2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To use the 185 selection criteria listed in s. 1006.34(2)(b) and recommend for 186 adoption only those instructional materials aligned with the 187 Next Generation Sunshine State Standards provided for in s. 188 1003.41. Instructional materials for foundational reading skills 189 may not include those that employ the three-cueing system model 190 of reading, visual memory as the primary basis for teaching word 191 recognition, or the three-cueing system model of reading based 192 on meaning, structure and syntax, and visual, which is also 193 known as “MSV.” Instructional materials recommended by each 194 reviewer shall be, to the satisfaction of each reviewer, 195 accurate, objective, balanced, noninflammatory, current, free of 196 pornography and material prohibited under s. 847.012, and suited 197 to student needs and their ability to comprehend the material 198 presented. Reviewers shall consider for recommendation materials 199 developed for academically talented students, such as students 200 enrolled in advanced placement courses. When recommending 201 instructional materials, each reviewer shall: 202 (a) Include only instructional materials that accurately 203 portray the ethnic, socioeconomic, cultural, religious, 204 physical, and racial diversity of our society, including men and 205 women in professional, career, and executive roles, and the role 206 and contributions of the entrepreneur and labor in the total 207 development of this state and the United States. 208 (b) Include only materials that accurately portray, 209 whenever appropriate, humankind’s place in ecological systems, 210 including the necessity for the protection of our environment 211 and conservation of our natural resources and the effects on the 212 human system of the use of tobacco, alcohol, controlled 213 substances, and other dangerous substances. 214 (c) Include materials that encourage thrift, fire 215 prevention, and humane treatment of people and animals. 216 (d) Require, when appropriate to the comprehension of 217 students, that materials for social science, history, or civics 218 classes contain the Declaration of Independence and the 219 Constitution of the United States. A reviewer may not recommend 220 any instructional materials that contain any matter reflecting 221 unfairly upon persons because of their race, color, creed, 222 national origin, ancestry, gender, religion, disability, 223 socioeconomic status, or occupation or otherwise contradict the 224 principles enumerated under s. 1003.42(3). 225 Section 6. Paragraphs (d) and (e) of subsection (8) of 226 section 1011.62, Florida Statutes, are amended to read: 227 1011.62 Funds for operation of schools.—If the annual 228 allocation from the Florida Education Finance Program to each 229 district for operation of schools is not determined in the 230 annual appropriations act or the substantive bill implementing 231 the annual appropriations act, it shall be determined as 232 follows: 233 (8) EVIDENCE-BASED READING INSTRUCTION ALLOCATION.— 234 (d) Funds allocated under this subsection must be used to 235 provide a system of comprehensive reading instruction to 236 students enrolled in the prekindergarten-12 programs and certain 237 students who exhibit a substantial deficiency in early literacy, 238 which may include the following: 239 1. Additional time per day of evidence-based intensive 240 reading instruction to students, which may be delivered during 241 or outside of the regular school day. 242 2. Kindergarten through grade 12 evidence-based intensive 243 reading interventions. 244 3. Highly qualified reading coaches, who must be endorsed 245 in reading, to specifically support teachers in making 246 instructional decisions based on student data, and improve 247 teacher delivery of effective reading instruction, intervention, 248 and reading in the content areas based on student need. 249 4. Professional development to help instructional personnel 250 and certified prekindergarten teachers funded in the Florida 251 Education Finance Program earn a certification, a credential, an 252 endorsement, or an advanced degree in scientifically researched 253 and evidence-based reading instruction. 254 5. Summer reading camps, using only teachers or other 255 district personnel who possess a micro-credential as specified 256 in s. 1003.485 or are certified or endorsed in reading 257 consistent with s. 1008.25(7)(b)3., for all students in 258 kindergarten through grade 5 who demonstrate a reading 259 deficiency as determined by district and state assessments. 260 6. Scientifically researched and evidence-based 261 supplemental instructional materials as identified by the Just 262 Read, Florida! Office pursuant to s. 1001.215(8). Such 263 instructional materials for foundational skills may not include 264 those that employ the three-cueing system model of reading, 265 visual memory as the primary basis for teaching word 266 recognition, or the three-cueing system model of reading based 267 on meaning, structure and syntax, and visual, which is also 268 known as “MSV.” 269 7. Incentives for instructional personnel and certified 270 prekindergarten teachers funded in the Florida Education Finance 271 Program who possess a reading certification or endorsement or 272 micro-credential as specified in s. 1003.485 and provide 273 educational support to improve student literacy. 274 8. Tutoring in reading. 275 (e)1. Annually, by a date determined by the Department of 276 Education, each school district shall submit a comprehensive 277 reading plan approved by the applicable district school board, 278 charter school governing board, or lab school board of trustees, 279 for the specific use of the evidence-based reading instruction 280 allocation, based upon a root-cause analysis. The plan must also 281 describe how the district prioritizes the assignment of highly 282 effective teachers, as defined by s. 1012.34(2)(e), to 283 kindergarten through grade 2 and how reading coaches are 284 assigned to individual schools. These two provisions must be 285 approved by the Just Read, Florida! Office. The State Regional 286 Literacy Director may assist in the development of the plan. The 287 department shall provide a plan format. A district school board 288 may use the format developed by the department or a format 289 developed by the district school board. 290 2. Intensive reading interventions must be delivered by 291 instructional personnel who possess the micro-credential as 292 provided in s. 1003.485 or are certified or endorsed in reading 293 and must incorporate evidence-based strategies identified by the 294 Just Read, Florida! Office pursuant to s. 1001.215(8). 295 Instructional personnel who possess a micro-credential as 296 specified in s. 1003.485 and are delivering intensive reading 297 interventions must be supervised by an individual certified or 298 endorsed in reading. For the purposes of this subsection, the 299 term “supervision” means the ability to communicate by way of 300 telecommunication with or physical presence of the certified or 301 endorsed personnel for consultation and direction of the actions 302 of the personnel with the micro-credential. 303 3. By July 1 of each year, the department shall release to 304 each school district its allocation of appropriated funds. The 305 department shall evaluate the implementation of each district 306 plan, including conducting site visits and collecting specific 307 data on expenditures and reading improvement results. By 308 February 1 of each year, the department shall report its 309 findings to the Legislature and the State Board of Education, 310 including any recommendations for improving implementation of 311 evidence-based reading and intervention strategies in 312 classrooms. 313 314 For purposes of this subsection, the term “evidence-based” means 315 demonstrating a statistically significant effect on improving 316 student outcomes or other relevant outcomes as provided in 20 317 U.S.C. s. 8101(21)(A)(i). 318 Section 7. Paragraph (a) of subsection (8) of section 319 1012.56, Florida Statutes, is amended to read: 320 1012.56 Educator certification requirements.— 321 (8) PROFESSIONAL DEVELOPMENT CERTIFICATION AND EDUCATION 322 COMPETENCY PROGRAM.— 323 (a) The Department of Education shall develop and each 324 school district, charter school, and charter management 325 organization may provide a cohesive competency-based 326 professional development certification and education competency 327 program by which instructional staff may satisfy the mastery of 328 professional preparation and education competence requirements 329 specified in subsection (6) and rules of the State Board of 330 Education. Participants must hold a state-issued temporary 331 certificate. A school district, charter school, or charter 332 management organization that implements the program shall 333 provide a competency-based certification program developed by 334 the Department of Education or developed by the district, 335 charter school, or charter management organization and approved 336 by the Department of Education. The program shall include the 337 following: 338 1. A minimum period of initial preparation before assuming 339 duties as the teacher of record. 340 2. An option for collaboration with other supporting 341 agencies or educational entities for implementation. 342 3. A teacher mentorship and induction component. 343 a. Each individual selected by the district as a mentor: 344 (I) Must hold a valid professional certificate issued 345 pursuant to this section; 346 (II) Must have earned at least 3 years of teaching 347 experience in prekindergarten through grade 12; 348 (III) Must have completed specialized training in clinical 349 supervision and participate in ongoing mentor training provided 350 through the coordinated system of professional development under 351 s. 1012.98(3)(e); 352 (IV) Must have earned an effective or highly effective 353 rating on the prior year’s performance evaluation under s. 354 1012.34; and 355 (V) May be a peer evaluator under the district’s evaluation 356 system approved under s. 1012.34. 357 b. The teacher mentorship and induction component must, at 358 a minimum, provide weekly opportunities for mentoring and 359 induction activities, including common planning time, ongoing 360 professional development targeted to a teacher’s needs, 361 opportunities for a teacher to observe other teachers, co 362 teaching experiences, and reflection and follow-upfollowup363 discussions. Mentorship and induction activities must be 364 provided for an applicant’s first year in the program and may be 365 provided until the applicant attains his or her professional 366 certificate in accordance with this section. A principal who is 367 rated highly effective as determined by his or her performance 368 evaluation under s. 1012.34 must be provided flexibility in 369 selecting professional development activities under this 370 paragraph; however, the activities must be approved by the 371 department as part of the district’s, charter school’s, or 372 charter management organization’s program. 373 4. An assessment of teaching performance aligned to the 374 district’s system for personnel evaluation under s. 1012.34 375 which provides for: 376 a. An initial evaluation of each educator’s competencies to 377 determine an appropriate individualized professional development 378 plan. 379 b. A summative evaluation to assure successful completion 380 of the program. 381 5. Professional education preparation content knowledge, 382 which must be included in the mentoring and induction activities 383 under subparagraph 3., that includes, but is not limited to, the 384 following: 385 a. The state standards provided under s. 1003.41, including 386 scientifically based reading instruction, content literacy, and 387 mathematical practices, for each subject identified on the 388 temporary certificate. Reading instructional strategies for 389 foundational skills may not include those that employ the three 390 cueing system model of reading, visual memory as the primary 391 basis for teaching word recognition, or the three-cueing system 392 model of reading based on meaning, structure and syntax, and 393 visual, which is also known as “MSV.” 394 b. The educator-accomplished practices approved by the 395 state board. 396 c. A variety of data indicators for monitoring student 397 progress. 398 d. Methodologies for teaching students with disabilities. 399 e. Methodologies for teaching students of limited English 400 proficiency appropriate for each subject area identified on the 401 temporary certificate. 402 f. Techniques and strategies for operationalizing the role 403 of the teacher in assuring a safe learning environment for 404 students. 405 6. Required achievement of passing scores on the subject 406 area and professional education competency examination required 407 by State Board of Education rule. Mastery of general knowledge 408 must be demonstrated as described in subsection (3). 409 7. Beginning with candidates entering a program in the 410 2022-2023 school year, a candidate for certification in a 411 coverage area identified pursuant to s. 1012.585(3)(f) must 412 successfully complete all competencies for a reading 413 endorsement, including completion of the endorsement practicum 414 through the candidate’s demonstration of mastery of professional 415 preparation and education competence under paragraph (b). 416 Section 8. Paragraph (b) of subsection (4) of section 417 1012.98, Florida Statutes, is amended to read: 418 1012.98 School Community Professional Development Act.— 419 (4) The Department of Education, school districts, schools, 420 Florida College System institutions, and state universities 421 share the responsibilities described in this section. These 422 responsibilities include the following: 423 (b) Each school district shall develop a professional 424 development system as specified in subsection (3). The system 425 shall be developed in consultation with teachers, teacher 426 educators of Florida College System institutions and state 427 universities, business and community representatives, and local 428 education foundations, consortia, and professional 429 organizations. The professional development system must: 430 1. Be reviewed and approved by the department for 431 compliance with s. 1003.42(3) and this section. All substantial 432 revisions to the system shall be submitted to the department for 433 review for continued approval. 434 2. Be based on analyses of student achievement data and 435 instructional strategies and methods that support rigorous, 436 relevant, and challenging curricula for all students. Schools 437 and districts, in developing and refining the professional 438 development system, shall also review and monitor school 439 discipline data; school environment surveys; assessments of 440 parental satisfaction; performance appraisal data of teachers, 441 managers, and administrative personnel; and other performance 442 indicators to identify school and student needs that can be met 443 by improved professional performance. 444 3. Provide inservice activities coupled with follow-up 445followupsupport appropriate to accomplish district-level and 446 school-level improvement goals and standards. The inservice 447 activities for instructional personnel shall focus on analysis 448 of student achievement data, ongoing formal and informal 449 assessments of student achievement, identification and use of 450 enhanced and differentiated instructional strategies that 451 emphasize rigor, relevance, and reading in the content areas, 452 enhancement of subject content expertise, integrated use of 453 classroom technology that enhances teaching and learning, 454 classroom management, parent involvement, and school safety. 455 4. Provide inservice activities and support targeted to the 456 individual needs of new teachers participating in the 457 professional development certification and education competency 458 program under s. 1012.56(8)(a). 459 5. Include a master plan for inservice activities, pursuant 460 to rules of the State Board of Education, for all district 461 employees from all fund sources. The master plan shall be 462 updated annually by September 1, must be based on input from 463 teachers and district and school instructional leaders, and must 464 use the latest available student achievement data and research 465 to enhance rigor and relevance in the classroom. Each district 466 inservice plan must be aligned to and support the school-based 467 inservice plans and school improvement plans pursuant to s. 468 1001.42(18). Each district inservice plan must provide a 469 description of the training that middle grades instructional 470 personnel and school administrators receive on the district’s 471 code of student conduct adopted pursuant to s. 1006.07; 472 integrated digital instruction and competency-based instruction 473 and CAPE Digital Tool certificates and CAPE industry 474 certifications; classroom management; student behavior and 475 interaction; extended learning opportunities for students; and 476 instructional leadership. District plans must be approved by the 477 district school board annually in order to ensure compliance 478 with subsection (1) and to allow for dissemination of research 479 based best practices to other districts. District school boards 480 must submit verification of their approval to the Commissioner 481 of Education no later than October 1, annually. Each school 482 principal may establish and maintain an individual professional 483 development plan for each instructional employee assigned to the 484 school as a seamless component to the school improvement plans 485 developed pursuant to s. 1001.42(18). An individual professional 486 development plan must be related to specific performance data 487 for the students to whom the teacher is assigned, define the 488 inservice objectives and specific measurable improvements 489 expected in student performance as a result of the inservice 490 activity, and include an evaluation component that determines 491 the effectiveness of the professional development plan. 492 6. Include inservice activities for school administrative 493 personnel that address updated skills necessary for 494 instructional leadership and effective school management 495 pursuant to s. 1012.986. 496 7. Provide for systematic consultation with regional and 497 state personnel designated to provide technical assistance and 498 evaluation of local professional development programs. 499 8. Provide for delivery of professional development by 500 distance learning and other technology-based delivery systems to 501 reach more educators at lower costs. 502 9. Provide for the continuous evaluation of the quality and 503 effectiveness of professional development programs in order to 504 eliminate ineffective programs and strategies and to expand 505 effective ones. Evaluations must consider the impact of such 506 activities on the performance of participating educators and 507 their students’ achievement and behavior. 508 10. For middle grades, emphasize: 509 a. Interdisciplinary planning, collaboration, and 510 instruction. 511 b. Alignment of curriculum and instructional materials to 512 the state academic standards adopted pursuant to s. 1003.41. 513 c. Use of small learning communities; problem-solving, 514 inquiry-driven research and analytical approaches for students; 515 strategies and tools based on student needs; competency-based 516 instruction; integrated digital instruction; and project-based 517 instruction. 518 519 Each school that includes any of grades 6, 7, or 8 must include 520 in its school improvement plan, required under s. 1001.42(18), a 521 description of the specific strategies used by the school to 522 implement each item listed in this subparagraph. 523 11. Provide training to reading coaches, classroom 524 teachers, and school administrators in effective methods of 525 identifying characteristics of conditions such as dyslexia and 526 other causes of diminished phonological processing skills; 527 incorporating instructional techniques into the general 528 education setting which are proven to improve reading 529 performance for all students; and using predictive and other 530 data to make instructional decisions based on individual student 531 needs. The training must help teachers integrate phonemic 532 awareness; phonics, word study, and spelling; reading fluency; 533 vocabulary, including academic vocabulary; and text 534 comprehension strategies into an explicit, systematic, and 535 sequential approach to reading instruction, including 536 multisensory intervention strategies. Such training for teaching 537 foundational skills may not include those that employ the three 538 cueing system model of reading, visual memory as the primary 539 basis for teaching word recognition, or the three-cueing system 540 model of reading based on meaning, structure and syntax, and 541 visual, which is also known as “MSV.” Each district must provide 542 all elementary grades instructional personnel access to training 543 sufficient to meet the requirements of s. 1012.585(3)(f). 544 Section 9. This act shall take effect July 1, 2023.