Florida Senate - 2010                             CS for SB 1096
       
       
       
       By the Committee on Education Pre-K - 12; and Senators Detert
       and Sobel
       
       
       
       581-02173-10                                          20101096c1
    1                        A bill to be entitled                      
    2         An act relating to middle school civics education
    3         assessment; providing a short title; amending s.
    4         1003.41, F.S., relating to the Sunshine State
    5         Standards; requiring that, beginning in the 2012-2013
    6         school year, reading and language arts instructional
    7         materials for the language arts standards include
    8         civics education content at all grade levels; amending
    9         s. 1003.4156, F.S.; providing requirements for a
   10         civics education course that a student must
   11         successfully complete for middle grades promotion
   12         beginning with students entering grade 6 in the 2012
   13         2013 school year; amending s. 1008.22, F.S.; requiring
   14         the administration of an end-of-course assessment in
   15         civics education as a field test at the middle school
   16         level during the 2012-2013 school year; providing
   17         requirements for course grade and course credit for
   18         subsequent school years; amending s. 1008.34, F.S.;
   19         requiring the inclusion of civics education end-of
   20         course assessment data in determining school grades
   21         beginning with the 2013-2014 school year; providing an
   22         effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. This act may be cited as the “Justice Sandra Day
   27  O’Connor Civics Education Act.”
   28         Section 2. Paragraph (a) of subsection (1) of section
   29  1003.41, Florida Statutes, is amended to read:
   30         1003.41 Sunshine State Standards.—
   31         (1) Public K-12 educational instruction in Florida is based
   32  on the “Sunshine State Standards.” The State Board of Education
   33  shall review the Sunshine State Standards and replace them with
   34  the Next Generation Sunshine State Standards that establish the
   35  core content of the curricula to be taught in this state and
   36  that specify the core content knowledge and skills that K-12
   37  public school students are expected to acquire. The Next
   38  Generation Sunshine State Standards must, at a minimum:
   39         (a) Establish the core curricular content for language
   40  arts, science, mathematics, and social studies, as follows:
   41         1. Language arts standards must establish specific
   42  curricular content for, at a minimum, the reading process,
   43  literary analysis, the writing process, writing applications,
   44  communication, and information and media literacy. The standards
   45  must include distinct grade level expectations for the core
   46  content knowledge and skills that a student is expected to have
   47  acquired by each individual grade level from kindergarten
   48  through grade 8. The language arts standards for grades 9
   49  through 12 may be organized by grade clusters of more than one
   50  grade level. The language arts standards must also identify
   51  significant literary genres and authors that encompass a
   52  comprehensive range of historical periods and shall emphasize
   53  civics education concepts. Beginning with the 2012-2013 school
   54  year, the reading and language arts instructional materials
   55  shall include civics education content at all grade levels. The
   56  State Board of Education shall, in accordance with the expedited
   57  schedule established under subsection (2), review and replace
   58  the language arts standards adopted by the state board in 2007
   59  with Next Generation Sunshine State Standards that comply with
   60  this subparagraph.
   61         2. Science standards must establish specific curricular
   62  content for, at a minimum, the nature of science, earth and
   63  space science, physical science, and life science. The standards
   64  must include distinct grade level expectations for the core
   65  content knowledge and skills that a student is expected to have
   66  acquired by each individual grade level from kindergarten
   67  through grade 8. The science standards for grades 9 through 12
   68  may be organized by grade clusters of more than one grade level.
   69         3. Mathematics standards must establish specific curricular
   70  content for, at a minimum, algebra, geometry, probability,
   71  statistics, calculus, discrete mathematics, financial literacy,
   72  and trigonometry. The standards must include distinct grade
   73  level expectations for the core content knowledge and skills
   74  that a student is expected to have acquired by each individual
   75  grade level from kindergarten through grade 8. The mathematics
   76  standards for grades 9 through 12 may be organized by grade
   77  clusters of more than one grade level.
   78         4. Social studies standards must establish specific
   79  curricular content for, at a minimum, geography, United States
   80  and world history, government, civics, economics, and
   81  humanities. The standards must include distinct grade level
   82  expectations for the core content knowledge and skills that a
   83  student is expected to have acquired by each individual grade
   84  level from kindergarten through grade 8. The social studies
   85  standards for grades 9 through 12 may be organized by grade
   86  clusters of more than one grade level.
   87         Section 3. Paragraph (a) of subsection (1) of section
   88  1003.4156, Florida Statutes, is amended to read:
   89         1003.4156 General requirements for middle grades
   90  promotion.—
   91         (1) Beginning with students entering grade 6 in the 2006
   92  2007 school year, promotion from a school composed of middle
   93  grades 6, 7, and 8 requires that:
   94         (a) The student must successfully complete academic courses
   95  as follows:
   96         1. Three middle school or higher courses in English. These
   97  courses shall emphasize literature, composition, and technical
   98  text.
   99         2. Three middle school or higher courses in mathematics.
  100  Each middle school must offer at least one high school level
  101  mathematics course for which students may earn high school
  102  credit.
  103         3. Three middle school or higher courses in social studies,
  104  one semester of which must include the study of state and
  105  federal government and civics education. Beginning with students
  106  entering grade 6 in the 2012-2013 school year, one of these
  107  courses must be at least a one-semester civics education course
  108  that a student successfully completes in accordance with s.
  109  1008.22(3)(c) and that includes the roles and responsibilities
  110  of federal, state, and local governments; the structures and
  111  functions of the legislative, executive, and judicial branches
  112  of government; and the meaning and significance of historic
  113  documents, such as the Articles of Confederation, the
  114  Declaration of Independence, and the Constitution of the United
  115  States.
  116         4. Three middle school or higher courses in science.
  117         5. One course in career and education planning to be
  118  completed in 7th or 8th grade. The course may be taught by any
  119  member of the instructional staff; must include career
  120  exploration using CHOICES for the 21st Century or a comparable
  121  cost-effective program; must include educational planning using
  122  the online student advising system known as Florida Academic
  123  Counseling and Tracking for Students at the Internet website
  124  FACTS.org; and shall result in the completion of a personalized
  125  academic and career plan.
  126  
  127  Each school must hold a parent meeting either in the evening or
  128  on a weekend to inform parents about the course curriculum and
  129  activities. Each student shall complete an electronic personal
  130  education plan that must be signed by the student; the student’s
  131  instructor, guidance counselor, or academic advisor; and the
  132  student’s parent. By January 1, 2007, the Department of
  133  Education shall develop course frameworks and professional
  134  development materials for the career exploration and education
  135  planning course. The course may be implemented as a stand-alone
  136  course or integrated into another course or courses. The
  137  Commissioner of Education shall collect longitudinal high school
  138  course enrollment data by student ethnicity in order to analyze
  139  course-taking patterns.
  140         Section 4. Paragraph (c) of subsection (3) of section
  141  1008.22, Florida Statutes, is amended to read:
  142         1008.22 Student assessment program for public schools.—
  143         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  144  design and implement a statewide program of educational
  145  assessment that provides information for the improvement of the
  146  operation and management of the public schools, including
  147  schools operating for the purpose of providing educational
  148  services to youth in Department of Juvenile Justice programs.
  149  The commissioner may enter into contracts for the continued
  150  administration of the assessment, testing, and evaluation
  151  programs authorized and funded by the Legislature. Contracts may
  152  be initiated in 1 fiscal year and continue into the next and may
  153  be paid from the appropriations of either or both fiscal years.
  154  The commissioner is authorized to negotiate for the sale or
  155  lease of tests, scoring protocols, test scoring services, and
  156  related materials developed pursuant to law. Pursuant to the
  157  statewide assessment program, the commissioner shall:
  158         (c) Develop and implement a student achievement testing
  159  program known as the Florida Comprehensive Assessment Test
  160  (FCAT) as part of the statewide assessment program to measure a
  161  student’s content knowledge and skills in reading, writing,
  162  science, and mathematics. Other content areas may be included as
  163  directed by the commissioner. Comprehensive assessments of
  164  reading and mathematics shall be administered annually in grades
  165  3 through 10. Comprehensive assessments of writing and science
  166  shall be administered at least once at the elementary, middle,
  167  and high school levels. End-of-course assessments for a subject
  168  may be administered in addition to the comprehensive assessments
  169  required for that subject under this paragraph. An end-of-course
  170  assessment must be rigorous, statewide, standardized, and
  171  developed or approved by the department. The content knowledge
  172  and skills assessed by comprehensive and end-of-course
  173  assessments must be aligned to the core curricular content
  174  established in the Sunshine State Standards. During the 2012
  175  2013 school year, an end-of-course assessment in civics
  176  education shall be administered as a field test at the middle
  177  school level. During the 2013-2014 school year, each student’s
  178  performance on the statewide, standardized end-of-course
  179  assessment in civics education shall constitute 30 percent of
  180  the student’s final course grade. Beginning with the 2014-2015
  181  school year, a student must earn a passing score on the end-of
  182  course assessment in civics education in order to pass the
  183  course and receive course credit. The commissioner may select
  184  one or more nationally developed comprehensive examinations,
  185  which may include, but need not be limited to, examinations for
  186  a College Board Advanced Placement course, International
  187  Baccalaureate course, or Advanced International Certificate of
  188  Education course or industry-approved examinations to earn
  189  national industry certifications as defined in s. 1003.492, for
  190  use as end-of-course assessments under this paragraph, if the
  191  commissioner determines that the content knowledge and skills
  192  assessed by the examinations meet or exceed the grade level
  193  expectations for the core curricular content established for the
  194  course in the Next Generation Sunshine State Standards. The
  195  commissioner may collaborate with the American Diploma Project
  196  in the adoption or development of rigorous end-of-course
  197  assessments that are aligned to the Next Generation Sunshine
  198  State Standards. The testing program must be designed as
  199  follows:
  200         1. The tests shall measure student skills and competencies
  201  adopted by the State Board of Education as specified in
  202  paragraph (a). The tests must measure and report student
  203  proficiency levels of all students assessed in reading, writing,
  204  mathematics, and science. The commissioner shall provide for the
  205  tests to be developed or obtained, as appropriate, through
  206  contracts and project agreements with private vendors, public
  207  vendors, public agencies, postsecondary educational
  208  institutions, or school districts. The commissioner shall obtain
  209  input with respect to the design and implementation of the
  210  testing program from state educators, assistive technology
  211  experts, and the public.
  212         2. The testing program shall be composed of criterion
  213  referenced tests that shall, to the extent determined by the
  214  commissioner, include test items that require the student to
  215  produce information or perform tasks in such a way that the core
  216  content knowledge and skills he or she uses can be measured.
  217         3. Beginning with the 2008-2009 school year, the
  218  commissioner shall discontinue administration of the selected
  219  response test items on the comprehensive assessments of writing.
  220  Beginning with the 2012-2013 school year, the comprehensive
  221  assessments of writing shall be composed of a combination of
  222  selected-response test items, short-response performance tasks,
  223  and extended-response performance tasks, which shall measure a
  224  student’s content knowledge of writing, including, but not
  225  limited to, paragraph and sentence structure, sentence
  226  construction, grammar and usage, punctuation, capitalization,
  227  spelling, parts of speech, verb tense, irregular verbs, subject
  228  verb agreement, and noun-pronoun agreement.
  229         4. A score shall be designated for each subject area
  230  tested, below which score a student’s performance is deemed
  231  inadequate. The school districts shall provide appropriate
  232  remedial instruction to students who score below these levels.
  233         5. Except as provided in s. 1003.428(8)(b) or s.
  234  1003.43(11)(b), students must earn a passing score on the grade
  235  10 assessment test described in this paragraph or attain
  236  concordant scores as described in subsection (10) in reading,
  237  writing, and mathematics to qualify for a standard high school
  238  diploma. The State Board of Education shall designate a passing
  239  score for each part of the grade 10 assessment test. In
  240  establishing passing scores, the state board shall consider any
  241  possible negative impact of the test on minority students. The
  242  State Board of Education shall adopt rules which specify the
  243  passing scores for the grade 10 FCAT. Any such rules, which have
  244  the effect of raising the required passing scores, shall apply
  245  only to students taking the grade 10 FCAT for the first time
  246  after such rules are adopted by the State Board of Education.
  247         6. Participation in the testing program is mandatory for
  248  all students attending public school, including students served
  249  in Department of Juvenile Justice programs, except as otherwise
  250  prescribed by the commissioner. If a student does not
  251  participate in the statewide assessment, the district must
  252  notify the student’s parent and provide the parent with
  253  information regarding the implications of such nonparticipation.
  254  A parent must provide signed consent for a student to receive
  255  classroom instructional accommodations that would not be
  256  available or permitted on the statewide assessments and must
  257  acknowledge in writing that he or she understands the
  258  implications of such instructional accommodations. The State
  259  Board of Education shall adopt rules, based upon recommendations
  260  of the commissioner, for the provision of test accommodations
  261  for students in exceptional education programs and for students
  262  who have limited English proficiency. Accommodations that negate
  263  the validity of a statewide assessment are not allowable in the
  264  administration of the FCAT. However, instructional
  265  accommodations are allowable in the classroom if included in a
  266  student’s individual education plan. Students using
  267  instructional accommodations in the classroom that are not
  268  allowable as accommodations on the FCAT may have the FCAT
  269  requirement waived pursuant to the requirements of s.
  270  1003.428(8)(b) or s. 1003.43(11)(b).
  271         7. A student seeking an adult high school diploma must meet
  272  the same testing requirements that a regular high school student
  273  must meet.
  274         8. District school boards must provide instruction to
  275  prepare students to demonstrate proficiency in the core
  276  curricular content established in the Next Generation Sunshine
  277  State Standards adopted under s. 1003.41, including the core
  278  content knowledge and skills necessary for successful grade-to
  279  grade progression and high school graduation. If a student is
  280  provided with instructional accommodations in the classroom that
  281  are not allowable as accommodations in the statewide assessment
  282  program, as described in the test manuals, the district must
  283  inform the parent in writing and must provide the parent with
  284  information regarding the impact on the student’s ability to
  285  meet expected proficiency levels in reading, writing, and
  286  mathematics. The commissioner shall conduct studies as necessary
  287  to verify that the required core curricular content is part of
  288  the district instructional programs.
  289         9. District school boards must provide opportunities for
  290  students to demonstrate an acceptable level of performance on an
  291  alternative standardized assessment approved by the State Board
  292  of Education following enrollment in summer academies.
  293         10. The Department of Education must develop, or select,
  294  and implement a common battery of assessment tools that will be
  295  used in all juvenile justice programs in the state. These tools
  296  must accurately measure the core curricular content established
  297  in the Sunshine State Standards.
  298         11. For students seeking a special diploma pursuant to s.
  299  1003.438, the Department of Education must develop or select and
  300  implement an alternate assessment tool that accurately measures
  301  the core curricular content established in the Sunshine State
  302  Standards for students with disabilities under s. 1003.438.
  303         12. The Commissioner of Education shall establish schedules
  304  for the administration of statewide assessments and the
  305  reporting of student test results. The commissioner shall, by
  306  August 1 of each year, notify each school district in writing
  307  and publish on the department’s Internet website the testing and
  308  reporting schedules for, at a minimum, the school year following
  309  the upcoming school year. The testing and reporting schedules
  310  shall require that:
  311         a. There is the latest possible administration of statewide
  312  assessments and the earliest possible reporting to the school
  313  districts of student test results which is feasible within
  314  available technology and specific appropriations; however, test
  315  results must be made available no later than the final day of
  316  the regular school year for students.
  317         b. Beginning with the 2010-2011 school year, a
  318  comprehensive statewide assessment of writing is not
  319  administered earlier than the week of March 1 and a
  320  comprehensive statewide assessment of any other subject is not
  321  administered earlier than the week of April 15.
  322         c. A statewide standardized end-of-course assessment is
  323  administered within the last 2 weeks of the course.
  324  
  325  The commissioner may, based on collaboration and input from
  326  school districts, design and implement student testing programs,
  327  for any grade level and subject area, necessary to effectively
  328  monitor educational achievement in the state, including the
  329  measurement of educational achievement of the Sunshine State
  330  Standards for students with disabilities. Development and
  331  refinement of assessments shall include universal design
  332  principles and accessibility standards that will prevent any
  333  unintended obstacles for students with disabilities while
  334  ensuring the validity and reliability of the test. These
  335  principles should be applicable to all technology platforms and
  336  assistive devices available for the assessments. The field
  337  testing process and psychometric analyses for the statewide
  338  assessment program must include an appropriate percentage of
  339  students with disabilities and an evaluation or determination of
  340  the effect of test items on such students.
  341         Section 5. Paragraph (c) of subsection (3) of section
  342  1008.34, Florida Statutes, is amended to read:
  343         1008.34 School grading system; school report cards;
  344  district grade.—
  345         (3) DESIGNATION OF SCHOOL GRADES.—
  346         (c) Student assessment data used in determining school
  347  grades shall include:
  348         1. The aggregate scores of all eligible students enrolled
  349  in the school who have been assessed on the FCAT and, beginning
  350  with the 2013-2014 school year, the statewide, standardized end
  351  of-course assessment in civics education at the middle school
  352  level.
  353         2. The aggregate scores of all eligible students enrolled
  354  in the school who have been assessed on the FCAT and who have
  355  scored at or in the lowest 25th percentile of students in the
  356  school in reading, mathematics, or writing, unless these
  357  students are exhibiting satisfactory performance.
  358         3. Effective with the 2005-2006 school year, the
  359  achievement scores and learning gains of eligible students
  360  attending alternative schools that provide dropout prevention
  361  and academic intervention services pursuant to s. 1003.53. The
  362  term “eligible students” in this subparagraph does not include
  363  students attending an alternative school who are subject to
  364  district school board policies for expulsion for repeated or
  365  serious offenses, who are in dropout retrieval programs serving
  366  students who have officially been designated as dropouts, or who
  367  are in programs operated or contracted by the Department of
  368  Juvenile Justice. The student performance data for eligible
  369  students identified in this subparagraph shall be included in
  370  the calculation of the home school’s grade. As used in this
  371  section and s. 1008.341, the term “home school” means the school
  372  to which the student would be assigned if the student were not
  373  assigned to an alternative school. If an alternative school
  374  chooses to be graded under this section, student performance
  375  data for eligible students identified in this subparagraph shall
  376  not be included in the home school’s grade but shall be included
  377  only in the calculation of the alternative school’s grade. A
  378  school district that fails to assign the FCAT scores of each of
  379  its students to his or her home school or to the alternative
  380  school that receives a grade shall forfeit Florida School
  381  Recognition Program funds for 1 fiscal year. School districts
  382  must require collaboration between the home school and the
  383  alternative school in order to promote student success. This
  384  collaboration must include an annual discussion between the
  385  principal of the alternative school and the principal of each
  386  student’s home school concerning the most appropriate school
  387  assignment of the student.
  388         4. Beginning with the 2009-2010 school year for schools
  389  comprised of high school grades 9, 10, 11, and 12, or grades 10,
  390  11, and 12, the data listed in subparagraphs 1.-3. and the
  391  following data as the Department of Education determines such
  392  data are valid and available:
  393         a. The high school graduation rate of the school as
  394  calculated by the Department of Education;
  395         b. The participation rate of all eligible students enrolled
  396  in the school and enrolled in College Board Advanced Placement
  397  courses; International Baccalaureate courses; dual enrollment
  398  courses; Advanced International Certificate of Education
  399  courses; and courses or sequence of courses leading to industry
  400  certification, as determined by the Agency for Workforce
  401  Innovation under s. 1003.492(2) in a career and professional
  402  academy, as described in s. 1003.493;
  403         c. The aggregate scores of all eligible students enrolled
  404  in the school in College Board Advanced Placement courses,
  405  International Baccalaureate courses, and Advanced International
  406  Certificate of Education courses;
  407         d. Earning of college credit by all eligible students
  408  enrolled in the school in dual enrollment programs under s.
  409  1007.271;
  410         e. Earning of an industry certification, as determined by
  411  the Agency for Workforce Innovation under s. 1003.492(2) in a
  412  career and professional academy, as described in s. 1003.493;
  413         f. The aggregate scores of all eligible students enrolled
  414  in the school in reading, mathematics, and other subjects as
  415  measured by the SAT, the ACT, and the common placement test for
  416  postsecondary readiness;
  417         g. The high school graduation rate of all eligible at-risk
  418  students enrolled in the school who scored at Level 2 or lower
  419  on the grade 8 FCAT Reading and Mathematics examinations;
  420         h. The performance of the school’s students on statewide
  421  standardized end-of-course assessments administered under s.
  422  1008.22; and
  423         i. The growth or decline in the data components listed in
  424  sub-subparagraphs a.-h. from year to year.
  425  
  426  The State Board of Education shall adopt appropriate criteria
  427  for each school grade. The criteria must also give added weight
  428  to student achievement in reading. Schools designated with a
  429  grade of “C,” making satisfactory progress, shall be required to
  430  demonstrate that adequate progress has been made by students in
  431  the school who are in the lowest 25th percentile in reading,
  432  mathematics, or writing on the FCAT, unless these students are
  433  exhibiting satisfactory performance. Beginning with the 2009
  434  2010 school year for schools comprised of high school grades 9,
  435  10, 11, and 12, or grades 10, 11, and 12, the criteria for
  436  school grades must also give added weight to the graduation rate
  437  of all eligible at-risk students, as defined in this paragraph.
  438  Beginning in the 2009-2010 school year, in order for a high
  439  school to be designated as having a grade of “A,” making
  440  excellent progress, the school must demonstrate that at-risk
  441  students, as defined in this paragraph, in the school are making
  442  adequate progress.
  443         Section 6. This act shall take effect July 1, 2010.