Senate Bill sb0308
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Florida Senate - 2004 SB 308
By Senator Margolis
35-244-04
1 A bill to be entitled
2 An act relating to education; requiring the
3 Department of Education to determine the number
4 of public schools that have eliminated physical
5 education from their curriculum and report to
6 the Governor and Legislature; requiring public
7 elementary schools to incorporate daily
8 physical education in their curriculum;
9 amending s. 1008.22, F.S.; requiring that
10 questions concerning proper nutrition be
11 included on the 10th-grade FCAT; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. The Department of Education shall contact
17 each district school board in the state and determine how many
18 public schools have eliminated physical education from the
19 curriculum. By July 1, 2004, the department shall submit this
20 information to the Governor and the Legislature.
21 Section 2. Instruction in physical
22 education.--Beginning with the 2004-2005 school year, each
23 child shall be given at least one-half hour of physical
24 education every school day as part of the elementary public
25 school curriculum.
26 Section 3. Paragraphs (a) and (c) of subsection (3) of
27 section 1008.22, Florida Statutes, are amended to read:
28 1008.22 Student assessment program for public
29 schools.--
30 (3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner
31 shall design and implement a statewide program of educational
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1 assessment that provides information for the improvement of
2 the operation and management of the public schools, including
3 schools operating for the purpose of providing educational
4 services to youth in Department of Juvenile Justice programs.
5 Pursuant to the statewide assessment program, the commissioner
6 shall:
7 (a) Submit to the State Board of Education a list that
8 specifies student skills and competencies to which the goals
9 for education specified in the state plan apply, including,
10 but not limited to, reading, writing, science, and
11 mathematics, and nutrition. The skills and competencies must
12 include problem-solving and higher-order skills as appropriate
13 and shall be known as the Sunshine State Standards as defined
14 in s. 1000.21. The commissioner shall select such skills and
15 competencies after receiving recommendations from educators,
16 citizens, and members of the business community. The
17 commissioner shall submit to the State Board of Education
18 revisions to the list of student skills and competencies in
19 order to maintain continuous progress toward improvements in
20 student proficiency.
21 (c) Develop and implement a student achievement
22 testing program known as the Florida Comprehensive Assessment
23 Test (FCAT) as part of the statewide assessment program, to be
24 administered annually in grades 3 through 10 to measure
25 reading, writing, science, and mathematics. A student's
26 understanding of proper nutrition must be included on the
27 grade 10 assessment test. Other content areas may be included
28 as directed by the commissioner. The testing program must be
29 designed so that:
30 1. The tests measure student skills and competencies
31 adopted by the State Board of Education as specified in
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1 paragraph (a). The tests must measure and report student
2 proficiency levels in reading, writing, mathematics, and
3 science, and nutrition. The commissioner shall provide for the
4 tests to be developed or obtained, as appropriate, through
5 contracts and project agreements with private vendors, public
6 vendors, public agencies, postsecondary educational
7 institutions, or school districts. The commissioner shall
8 obtain input with respect to the design and implementation of
9 the testing program from state educators and the public.
10 2. The testing program will include a combination of
11 norm-referenced and criterion-referenced tests and include, to
12 the extent determined by the commissioner, questions that
13 require the student to produce information or perform tasks in
14 such a way that the skills and competencies he or she uses can
15 be measured.
16 3. Each testing program, whether at the elementary,
17 middle, or high school level, includes a test of writing in
18 which students are required to produce writings that are then
19 scored by appropriate methods.
20 4. A score is designated for each subject area tested,
21 below which score a student's performance is deemed
22 inadequate. The school districts shall provide appropriate
23 remedial instruction to students who score below these levels.
24 5. Except as provided in s. 1003.43(11)(b), students
25 must earn a passing score on the grade 10 assessment test
26 described in this paragraph or on an alternate assessment as
27 described in subsection (9) in reading, writing, and
28 mathematics to qualify for a regular high school diploma. The
29 State Board of Education shall designate a passing score for
30 each part of the grade 10 assessment test. In establishing
31 passing scores, the state board shall consider any possible
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1 negative impact of the test on minority students. All students
2 who took the grade 10 FCAT during the 2000-2001 school year
3 shall be required to earn the passing scores in reading and
4 mathematics established by the State Board of Education for
5 the March 2001 test administration. Such students who did not
6 earn the established passing scores and must repeat the grade
7 10 FCAT are required to earn the passing scores established
8 for the March 2001 test administration. All students who take
9 the grade 10 FCAT for the first time in March 2002 and
10 thereafter shall be required to earn the passing scores in
11 reading and mathematics established by the State Board of
12 Education for the March 2002 test administration. The State
13 Board of Education shall adopt rules which specify the passing
14 scores for the grade 10 FCAT. Any such rules, which have the
15 effect of raising the required passing scores, shall only
16 apply to students taking the grade 10 FCAT after such rules
17 are adopted by the State Board of Education.
18 6. Participation in the testing program is mandatory
19 for all students attending public school, including students
20 served in Department of Juvenile Justice programs, except as
21 otherwise prescribed by the commissioner. If a student does
22 not participate in the statewide assessment, the district must
23 notify the student's parent and provide the parent with
24 information regarding the implications of such
25 nonparticipation. If modifications are made in the student's
26 instruction to provide accommodations that would not be
27 permitted on the statewide assessment tests, the district must
28 notify the student's parent of the implications of such
29 instructional modifications. A parent must provide signed
30 consent for a student to receive instructional modifications
31 that would not be permitted on the statewide assessments and
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1 must acknowledge in writing that he or she understands the
2 implications of such accommodations. The State Board of
3 Education shall adopt rules, based upon recommendations of the
4 commissioner, for the provision of test accommodations and
5 modifications of procedures as necessary for students in
6 exceptional education programs and for students who have
7 limited English proficiency. Accommodations that negate the
8 validity of a statewide assessment are not allowable.
9 7. A student seeking an adult high school diploma must
10 meet the same testing requirements that a regular high school
11 student must meet.
12 8. District school boards must provide instruction to
13 prepare students to demonstrate proficiency in the skills and
14 competencies necessary for successful grade-to-grade
15 progression and high school graduation. If a student is
16 provided with accommodations or modifications that are not
17 allowable in the statewide assessment program, as described in
18 the test manuals, the district must inform the parent in
19 writing and must provide the parent with information regarding
20 the impact on the student's ability to meet expected
21 proficiency levels in reading, writing, and math. The
22 commissioner shall conduct studies as necessary to verify that
23 the required skills and competencies are part of the district
24 instructional programs.
25 9. The Department of Education must develop, or
26 select, and implement a common battery of assessment tools
27 that will be used in all juvenile justice programs in the
28 state. These tools must accurately measure the skills and
29 competencies established in the Florida Sunshine State
30 Standards.
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1 The commissioner may design and implement student testing
2 programs, for any grade level and subject area, necessary to
3 effectively monitor educational achievement in the state.
4 Section 4. This act shall take effect upon becoming a
5 law.
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8 SENATE SUMMARY
9 Directs the Department of Education to determine the
number of public schools that have eliminated physical
10 education from their curriculum. Requires public
elementary schools to incorporate daily physical
11 education in their curriculum. Requires that nutrition
questions be included on the 10th grade FCAT.
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