Amendment
Bill No. SB 1248
Amendment No. 727607
CHAMBER ACTION
Senate House
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1Representative Kriseman offered the following:
2
3     Amendment (with title amendment)
4     Between lines 35 and 36, insert:
5     Section 2.  Sections 3-5 of this act may be cited as the
6"Justice Sandra Day O'Connor Civics Education Act."
7     Section 3.  Paragraph (a) of subsection (1) of section
81003.4156, Florida Statutes, is amended to read:
9     1003.4156  General requirements for middle grades
10promotion.--
11     (1)  Beginning with students entering grade 6 in the 2006-
122007 school year, promotion from a school composed of middle
13grades 6, 7, and 8 requires that:
14     (a)  The student must successfully complete academic
15courses as follows:
16     1.  Three middle school or higher courses in English. These
17courses shall emphasize literature, composition, and technical
18text.
19     2.  Three middle school or higher courses in mathematics.
20Each middle school must offer at least one high school level
21mathematics course for which students may earn high school
22credit.
23     3.  Three middle school or higher courses in social
24studies, one semester of which must include the study of state
25and federal government and civics education. Beginning with
26students entering grade 6 in the 2011-2012 school year, one of
27these courses must be a one-semester civics education course
28that a student successfully completes in accordance with s.
291008.22(3)(c) and that includes the roles and responsibilities
30of federal, state, and local governments; the structures and
31functions of the legislative, executive, and judicial branches
32of government; and the meaning and significance of historic
33documents, such as the Articles of Confederation, the
34Declaration of Independence, and the Constitution of the United
35States.
36     4.  Three middle school or higher courses in science.
37     5.  One course in career and education planning to be
38completed in 7th or 8th grade. The course may be taught by any
39member of the instructional staff; must include career
40exploration using CHOICES for the 21st Century or a comparable
41cost-effective program; must include educational planning using
42the online student advising system known as Florida Academic
43Counseling and Tracking for Students at the Internet website
44FACTS.org; and shall result in the completion of a personalized
45academic and career plan.
46
47Each school must hold a parent meeting either in the evening or
48on a weekend to inform parents about the course curriculum and
49activities. Each student shall complete an electronic personal
50education plan that must be signed by the student; the student's
51instructor, guidance counselor, or academic advisor; and the
52student's parent. By January 1, 2007, the Department of
53Education shall develop course frameworks and professional
54development materials for the career exploration and education
55planning course. The course may be implemented as a stand-alone
56course or integrated into another course or courses. The
57Commissioner of Education shall collect longitudinal high school
58course enrollment data by student ethnicity in order to analyze
59course-taking patterns.
60     Section 4.  Paragraph (c) of subsection (3) of section
611008.22, Florida Statutes, is amended to read:
62     1008.22  Student assessment program for public schools.--
63     (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
64design and implement a statewide program of educational
65assessment that provides information for the improvement of the
66operation and management of the public schools, including
67schools operating for the purpose of providing educational
68services to youth in Department of Juvenile Justice programs.
69The commissioner may enter into contracts for the continued
70administration of the assessment, testing, and evaluation
71programs authorized and funded by the Legislature. Contracts may
72be initiated in 1 fiscal year and continue into the next and may
73be paid from the appropriations of either or both fiscal years.
74The commissioner is authorized to negotiate for the sale or
75lease of tests, scoring protocols, test scoring services, and
76related materials developed pursuant to law. Pursuant to the
77statewide assessment program, the commissioner shall:
78     (c)  Develop and implement a student achievement testing
79program known as the Florida Comprehensive Assessment Test
80(FCAT) as part of the statewide assessment program to measure a
81student's content knowledge and skills in reading, writing,
82science, and mathematics. Other content areas may be included as
83directed by the commissioner. Comprehensive assessments of
84reading and mathematics shall be administered annually in grades
853 through 10. Comprehensive assessments of writing and science
86shall be administered at least once at the elementary, middle,
87and high school levels. End-of-course assessments for a subject
88may be administered in addition to the comprehensive assessments
89required for that subject under this paragraph. An end-of-course
90assessment must be rigorous, statewide, standardized, and
91developed or approved by the department. The content knowledge
92and skills assessed by comprehensive and end-of-course
93assessments must be aligned to the core curricular content
94established in the Sunshine State Standards. During the 2011-
952012 school year, an end-of-course assessment in civics
96education shall be administered as a field test at the middle
97school level. During the 2012-2013 school year, each student's
98performance on the statewide, standardized end-of-course
99assessment in civics education shall constitute 30 percent of
100the student's final course grade. Beginning with the 2013-2014
101school year, a student must earn a passing score on the end-of-
102course assessment in civics education in order to pass the
103course and receive course credit. The commissioner may select
104one or more nationally developed comprehensive examinations,
105which may include, but need not be limited to, examinations for
106a College Board Advanced Placement course, International
107Baccalaureate course, or Advanced International Certificate of
108Education course or industry-approved examinations to earn
109national industry certifications as defined in s. 1003.492, for
110use as end-of-course assessments under this paragraph, if the
111commissioner determines that the content knowledge and skills
112assessed by the examinations meet or exceed the grade level
113expectations for the core curricular content established for the
114course in the Next Generation Sunshine State Standards. The
115commissioner may collaborate with the American Diploma Project
116in the adoption or development of rigorous end-of-course
117assessments that are aligned to the Next Generation Sunshine
118State Standards. The testing program must be designed as
119follows:
120     1.  The tests shall measure student skills and competencies
121adopted by the State Board of Education as specified in
122paragraph (a). The tests must measure and report student
123proficiency levels of all students assessed in reading, writing,
124mathematics, and science. The commissioner shall provide for the
125tests to be developed or obtained, as appropriate, through
126contracts and project agreements with private vendors, public
127vendors, public agencies, postsecondary educational
128institutions, or school districts. The commissioner shall obtain
129input with respect to the design and implementation of the
130testing program from state educators, assistive technology
131experts, and the public.
132     2.  The testing program shall be composed of criterion-
133referenced tests that shall, to the extent determined by the
134commissioner, include test items that require the student to
135produce information or perform tasks in such a way that the core
136content knowledge and skills he or she uses can be measured.
137     3.  Beginning with the 2008-2009 school year, the
138commissioner shall discontinue administration of the selected-
139response test items on the comprehensive assessments of writing.
140Beginning with the 2012-2013 school year, the comprehensive
141assessments of writing shall be composed of a combination of
142selected-response test items, short-response performance tasks,
143and extended-response performance tasks, which shall measure a
144student's content knowledge of writing, including, but not
145limited to, paragraph and sentence structure, sentence
146construction, grammar and usage, punctuation, capitalization,
147spelling, parts of speech, verb tense, irregular verbs, subject-
148verb agreement, and noun-pronoun agreement.
149     4.  A score shall be designated for each subject area
150tested, below which score a student's performance is deemed
151inadequate. The school districts shall provide appropriate
152remedial instruction to students who score below these levels.
153     5.  Except as provided in s. 1003.428(8)(b) or s.
1541003.43(11)(b), students must earn a passing score on the grade
15510 assessment test described in this paragraph or attain
156concordant scores as described in subsection (10) in reading,
157writing, and mathematics to qualify for a standard high school
158diploma. The State Board of Education shall designate a passing
159score for each part of the grade 10 assessment test. In
160establishing passing scores, the state board shall consider any
161possible negative impact of the test on minority students. The
162State Board of Education shall adopt rules which specify the
163passing scores for the grade 10 FCAT. Any such rules, which have
164the effect of raising the required passing scores, shall apply
165only to students taking the grade 10 FCAT for the first time
166after such rules are adopted by the State Board of Education.
167     6.  Participation in the testing program is mandatory for
168all students attending public school, including students served
169in Department of Juvenile Justice programs, except as otherwise
170prescribed by the commissioner. If a student does not
171participate in the statewide assessment, the district must
172notify the student's parent and provide the parent with
173information regarding the implications of such nonparticipation.
174A parent must provide signed consent for a student to receive
175classroom instructional accommodations that would not be
176available or permitted on the statewide assessments and must
177acknowledge in writing that he or she understands the
178implications of such instructional accommodations. The State
179Board of Education shall adopt rules, based upon recommendations
180of the commissioner, for the provision of test accommodations
181for students in exceptional education programs and for students
182who have limited English proficiency. Accommodations that negate
183the validity of a statewide assessment are not allowable in the
184administration of the FCAT. However, instructional
185accommodations are allowable in the classroom if included in a
186student's individual education plan. Students using
187instructional accommodations in the classroom that are not
188allowable as accommodations on the FCAT may have the FCAT
189requirement waived pursuant to the requirements of s.
1901003.428(8)(b) or s. 1003.43(11)(b).
191     7.  A student seeking an adult high school diploma must
192meet the same testing requirements that a regular high school
193student must meet.
194     8.  District school boards must provide instruction to
195prepare students to demonstrate proficiency in the core
196curricular content established in the Next Generation Sunshine
197State Standards adopted under s. 1003.41, including the core
198content knowledge and skills necessary for successful grade-to-
199grade progression and high school graduation. If a student is
200provided with instructional accommodations in the classroom that
201are not allowable as accommodations in the statewide assessment
202program, as described in the test manuals, the district must
203inform the parent in writing and must provide the parent with
204information regarding the impact on the student's ability to
205meet expected proficiency levels in reading, writing, and
206mathematics. The commissioner shall conduct studies as necessary
207to verify that the required core curricular content is part of
208the district instructional programs.
209     9.  District school boards must provide opportunities for
210students to demonstrate an acceptable level of performance on an
211alternative standardized assessment approved by the State Board
212of Education following enrollment in summer academies.
213     10.  The Department of Education must develop, or select,
214and implement a common battery of assessment tools that will be
215used in all juvenile justice programs in the state. These tools
216must accurately measure the core curricular content established
217in the Sunshine State Standards.
218     11.  For students seeking a special diploma pursuant to s.
2191003.438, the Department of Education must develop or select and
220implement an alternate assessment tool that accurately measures
221the core curricular content established in the Sunshine State
222Standards for students with disabilities under s. 1003.438.
223     12.  The Commissioner of Education shall establish
224schedules for the administration of statewide assessments and
225the reporting of student test results. The commissioner shall,
226by August 1 of each year, notify each school district in writing
227and publish on the department's Internet website the testing and
228reporting schedules for, at a minimum, the school year following
229the upcoming school year. The testing and reporting schedules
230shall require that:
231     a.  There is the latest possible administration of
232statewide assessments and the earliest possible reporting to the
233school districts of student test results which is feasible
234within available technology and specific appropriations;
235however, test results must be made available no later than the
236final day of the regular school year for students.
237     b.  Beginning with the 2010-2011 school year, a
238comprehensive statewide assessment of writing is not
239administered earlier than the week of March 1 and a
240comprehensive statewide assessment of any other subject is not
241administered earlier than the week of April 15.
242     c.  A statewide standardized end-of-course assessment is
243administered within the last 2 weeks of the course.
244
245The commissioner may, based on collaboration and input from
246school districts, design and implement student testing programs,
247for any grade level and subject area, necessary to effectively
248monitor educational achievement in the state, including the
249measurement of educational achievement of the Sunshine State
250Standards for students with disabilities. Development and
251refinement of assessments shall include universal design
252principles and accessibility standards that will prevent any
253unintended obstacles for students with disabilities while
254ensuring the validity and reliability of the test. These
255principles should be applicable to all technology platforms and
256assistive devices available for the assessments. The field
257testing process and psychometric analyses for the statewide
258assessment program must include an appropriate percentage of
259students with disabilities and an evaluation or determination of
260the effect of test items on such students.
261     Section 5.  Paragraph (c) of subsection (3) of section
2621008.34, Florida Statutes, is amended to read:
263     1008.34  School grading system; school report cards;
264district grade.--
265     (3)  DESIGNATION OF SCHOOL GRADES.--
266     (c)  Student assessment data used in determining school
267grades shall include:
268     1.  The aggregate scores of all eligible students enrolled
269in the school who have been assessed on the FCAT and, beginning
270with the 2012-2013 school year, the statewide, standardized end-
271of-course assessment in civics education at the middle school
272level.
273     2.  The aggregate scores of all eligible students enrolled
274in the school who have been assessed on the FCAT and who have
275scored at or in the lowest 25th percentile of students in the
276school in reading, mathematics, or writing, unless these
277students are exhibiting satisfactory performance.
278     3.  Effective with the 2005-2006 school year, the
279achievement scores and learning gains of eligible students
280attending alternative schools that provide dropout prevention
281and academic intervention services pursuant to s. 1003.53. The
282term "eligible students" in this subparagraph does not include
283students attending an alternative school who are subject to
284district school board policies for expulsion for repeated or
285serious offenses, who are in dropout retrieval programs serving
286students who have officially been designated as dropouts, or who
287are in programs operated or contracted by the Department of
288Juvenile Justice. The student performance data for eligible
289students identified in this subparagraph shall be included in
290the calculation of the home school's grade. As used in this
291section and s. 1008.341, the term "home school" means the school
292to which the student would be assigned if the student were not
293assigned to an alternative school. If an alternative school
294chooses to be graded under this section, student performance
295data for eligible students identified in this subparagraph shall
296not be included in the home school's grade but shall be included
297only in the calculation of the alternative school's grade. A
298school district that fails to assign the FCAT scores of each of
299its students to his or her home school or to the alternative
300school that receives a grade shall forfeit Florida School
301Recognition Program funds for 1 fiscal year. School districts
302must require collaboration between the home school and the
303alternative school in order to promote student success. This
304collaboration must include an annual discussion between the
305principal of the alternative school and the principal of each
306student's home school concerning the most appropriate school
307assignment of the student.
308     4.  Beginning with the 2009-2010 school year for schools
309comprised of high school grades 9, 10, 11, and 12, or grades 10,
31011, and 12, the data listed in subparagraphs 1.-3. and the
311following data as the Department of Education determines such
312data are valid and available:
313     a.  The high school graduation rate of the school as
314calculated by the Department of Education;
315     b.  The participation rate of all eligible students
316enrolled in the school and enrolled in College Board Advanced
317Placement courses; International Baccalaureate courses; dual
318enrollment courses; Advanced International Certificate of
319Education courses; and courses or sequence of courses leading to
320industry certification, as determined by the Agency for
321Workforce Innovation under s. 1003.492(2) in a career and
322professional academy, as described in s. 1003.493;
323     c.  The aggregate scores of all eligible students enrolled
324in the school in College Board Advanced Placement courses,
325International Baccalaureate courses, and Advanced International
326Certificate of Education courses;
327     d.  Earning of college credit by all eligible students
328enrolled in the school in dual enrollment programs under s.
3291007.271;
330     e.  Earning of an industry certification, as determined by
331the Agency for Workforce Innovation under s. 1003.492(2) in a
332career and professional academy, as described in s. 1003.493;
333     f.  The aggregate scores of all eligible students enrolled
334in the school in reading, mathematics, and other subjects as
335measured by the SAT, the ACT, and the common placement test for
336postsecondary readiness;
337     g.  The high school graduation rate of all eligible at-risk
338students enrolled in the school who scored at Level 2 or lower
339on the grade 8 FCAT Reading and Mathematics examinations;
340     h.  The performance of the school's students on statewide
341standardized end-of-course assessments administered under s.
3421008.22; and
343     i.  The growth or decline in the data components listed in
344sub-subparagraphs a.-h. from year to year.
345
346The State Board of Education shall adopt appropriate criteria
347for each school grade. The criteria must also give added weight
348to student achievement in reading. Schools designated with a
349grade of "C," making satisfactory progress, shall be required to
350demonstrate that adequate progress has been made by students in
351the school who are in the lowest 25th percentile in reading,
352mathematics, or writing on the FCAT, unless these students are
353exhibiting satisfactory performance. Beginning with the 2009-
3542010 school year for schools comprised of high school grades 9,
35510, 11, and 12, or grades 10, 11, and 12, the criteria for
356school grades must also give added weight to the graduation rate
357of all eligible at-risk students, as defined in this paragraph.
358Beginning in the 2009-2010 school year, in order for a high
359school to be designated as having a grade of "A," making
360excellent progress, the school must demonstrate that at-risk
361students, as defined in this paragraph, in the school are making
362adequate progress.
363     Section 6.  Section 1003.497, Florida Statutes, is created
364to read:
365     1003.497  Service learning.--
366     (1)  The Department of Education shall encourage school
367districts to initiate, adopt, expand, and institutionalize
368service-learning programs, activities, and policies in
369kindergarten through grade 12. Service learning refers to a
370student-centered, research-based teaching and learning strategy
371that engages students in meaningful service activities in their
372schools or communities. Service-learning activities are directly
373tied to academic curricula, standards, and course, district, or
374state assessments. Service-learning activities foster academic
375achievement, character development, civic engagement, and career
376exploration and enable students to apply curriculum content,
377skills, and behaviors taught in the classroom.
378     (2)  Upon request of any school district that chooses to
379implement service-learning programs, activities, or policies,
380the department shall provide assistance in locating, leveraging,
381and utilizing available or alternative financial resources that
382will assist school districts or teachers desiring to receive
383training and other resources to develop and administer service-
384learning programs or activities. School districts are encouraged
385to include kindergarten through grade 12 service-learning
386programs and activities in proposals they submit to the
387department under federal entitlement grants and competitive
388state and federal grants administered through the department.
389     (3)(a)  The department shall develop and adopt elective
390service-learning courses for inclusion in middle and high school
391course code directories, which will allow additional
392opportunities for students to engage in service learning. School
393districts are encouraged to provide support for the use of
394service learning at any grade level as an instructional strategy
395to address appropriate areas of state education standards for
396student knowledge and performance.
397     (b)  The hours that high school students devote to course-
398based service-learning activities may be counted toward meeting
399community service requirements for high school graduation and
400community service requirements for participation in the Florida
401Bright Futures Scholarship Program. School districts are
402encouraged to include service learning as part of any course or
403activity required for high school graduation and to include and
404accept service-learning activities and hours in requirements for
405academic awards, especially those awards that currently include
406community service as a criterion or selection factor.
407     Section 7.  Paragraph (a) of subsection (3) of section
4081008.34, Florida Statutes, is amended to read:
409     1008.34  School grading system; school report cards;
410district grade.--
411     (3)  DESIGNATION OF SCHOOL GRADES.--
412     (a)  Each school that has students who are tested and
413included in the school grading system shall receive a school
414grade, except as follows:
415     1.  A school shall not receive a school grade if the number
416of its students tested and included in the school grading system
417is less than the minimum sample size necessary, based on
418accepted professional practice, for statistical reliability and
419prevention of the unlawful release of personally identifiable
420student data under s. 1002.22 or 20 U.S.C. s. 1232g.
421     2.  An alternative school may choose to receive a school
422grade under this section or a school improvement rating under s.
4231008.341. For charter schools that meet the definition of an
424alternative school pursuant to State Board of Education rule,
425the decision to receive a school grade is the decision of the
426charter school governing board.
427     3.  A school that serves any combination of students in
428kindergarten through grade 3 which does not receive a school
429grade because its students are not tested and included in the
430school grading system shall receive the school grade designation
431of a K-3 feeder pattern school identified by the Department of
432Education and verified by the school district. A school feeder
433pattern exists if at least 60 percent of the students in the
434school serving a combination of students in kindergarten through
435grade 3 are scheduled to be assigned to the graded school.
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437
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441
T I T L E  A M E N D M E N T
442     Remove lines 2-8 and insert:
443An act relating to public K-12 education; amending s. 1006.28,
444F.S.; deleting a provision that requires a public school
445principal to collect 50 to 75 percent of a textbook's purchase
446price from a student who has lost, destroyed, or damaged a
447textbook that has been in use for more than 1 year; providing a
448short title; amending s. 1003.4156, F.S.; providing requirements
449for a civics education course that a student must successfully
450complete for middle grades promotion beginning with students
451entering grade 6 in the 2011-2012 school year; amending s.
4521008.22, F.S.; requiring the administration of an end-of-course
453assessment in civics education as a field test at the middle
454school level during the 2011-2012 school year; providing
455requirements for course grade and course credit for subsequent
456school years; amending s. 1008.34, F.S.; requiring the inclusion
457of civics education end-of-course assessment data in determining
458school grades beginning with the 2012-2013 school year; creating
459s. 1003.497, F.S.; requiring the Department of Education to
460encourage school districts to initiate, adopt, expand, and
461institutionalize service-learning programs, activities, and
462policies in kindergarten through grade 12; defining service
463learning; providing for department assistance to a school
464district that chooses to implement service-learning activities;
465requiring development and adoption of service-learning courses;
466authorizing service-learning activities to count toward high
467school graduation or academic award requirements; encouraging
468school districts to include service learning as part of courses
469or activities required for high school graduation or receipt of
470academic awards; amending s. 1008.34, F.S.; revising provisions
471relating to schools receiving a school grade; providing an
472effective date.
473


CODING: Words stricken are deletions; words underlined are additions.