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 and Evidence-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-up followup
363 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
445 followup support 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.