CS/HB 157

1
A bill to be entitled
2An act relating to public K-12 education; providing a
3short title; amending s. 1003.4156, F.S.; providing
4requirements for a civics education course that a student
5must successfully complete for middle grades promotion
6beginning with students entering grade 6 in the 2011-2012
7school year; amending s. 1008.22, F.S.; requiring the
8administration of an end-of-course assessment in civics
9education as a field test at the middle school level
10during the 2011-2012 school year; providing requirements
11for course grade and course credit for subsequent school
12years; amending s. 1008.34, F.S.; requiring the inclusion
13of civics education end-of-course assessment data in
14determining school grades beginning with the 2012-2013
15school year; creating s. 1003.497, F.S.; requiring the
16Department of Education to encourage school districts to
17initiate, adopt, expand, and institutionalize service-
18learning programs, activities, and policies in
19kindergarten through grade 12; defining service learning;
20providing for department assistance to a school district
21that chooses to implement service-learning activities;
22requiring development and adoption of service-learning
23courses; authorizing service-learning activities to count
24toward high school graduation or academic award
25requirements; encouraging school districts to include
26service learning as part of courses or activities required
27for high school graduation or receipt of academic awards;
28amending s. 1008.34, F.S.; revising provisions relating to
29schools receiving a school grade; providing an effective
30date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Sections 2-4 of this act may be cited as the
35"Justice Sandra Day O'Connor Civics Education Act."
36     Section 2.  Paragraph (a) of subsection (1) of section
371003.4156, Florida Statutes, is amended to read:
38     1003.4156  General requirements for middle grades
39promotion.--
40     (1)  Beginning with students entering grade 6 in the 2006-
412007 school year, promotion from a school composed of middle
42grades 6, 7, and 8 requires that:
43     (a)  The student must successfully complete academic
44courses as follows:
45     1.  Three middle school or higher courses in English. These
46courses shall emphasize literature, composition, and technical
47text.
48     2.  Three middle school or higher courses in mathematics.
49Each middle school must offer at least one high school level
50mathematics course for which students may earn high school
51credit.
52     3.  Three middle school or higher courses in social
53studies, one semester of which must include the study of state
54and federal government and civics education. Beginning with
55students entering grade 6 in the 2011-2012 school year, one of
56these courses must be a one-semester civics education course
57that a student successfully completes in accordance with s.
581008.22(3)(c) and that includes the roles and responsibilities
59of federal, state, and local governments; the structures and
60functions of the legislative, executive, and judicial branches
61of government; and the meaning and significance of historic
62documents, such as the Articles of Confederation, the
63Declaration of Independence, and the Constitution of the United
64States.
65     4.  Three middle school or higher courses in science.
66     5.  One course in career and education planning to be
67completed in 7th or 8th grade. The course may be taught by any
68member of the instructional staff; must include career
69exploration using CHOICES for the 21st Century or a comparable
70cost-effective program; must include educational planning using
71the online student advising system known as Florida Academic
72Counseling and Tracking for Students at the Internet website
73FACTS.org; and shall result in the completion of a personalized
74academic and career plan.
75
76Each school must hold a parent meeting either in the evening or
77on a weekend to inform parents about the course curriculum and
78activities. Each student shall complete an electronic personal
79education plan that must be signed by the student; the student's
80instructor, guidance counselor, or academic advisor; and the
81student's parent. By January 1, 2007, the Department of
82Education shall develop course frameworks and professional
83development materials for the career exploration and education
84planning course. The course may be implemented as a stand-alone
85course or integrated into another course or courses. The
86Commissioner of Education shall collect longitudinal high school
87course enrollment data by student ethnicity in order to analyze
88course-taking patterns.
89     Section 3.  Paragraph (c) of subsection (3) of section
901008.22, Florida Statutes, is amended to read:
91     1008.22  Student assessment program for public schools.--
92     (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
93design and implement a statewide program of educational
94assessment that provides information for the improvement of the
95operation and management of the public schools, including
96schools operating for the purpose of providing educational
97services to youth in Department of Juvenile Justice programs.
98The commissioner may enter into contracts for the continued
99administration of the assessment, testing, and evaluation
100programs authorized and funded by the Legislature. Contracts may
101be initiated in 1 fiscal year and continue into the next and may
102be paid from the appropriations of either or both fiscal years.
103The commissioner is authorized to negotiate for the sale or
104lease of tests, scoring protocols, test scoring services, and
105related materials developed pursuant to law. Pursuant to the
106statewide assessment program, the commissioner shall:
107     (c)  Develop and implement a student achievement testing
108program known as the Florida Comprehensive Assessment Test
109(FCAT) as part of the statewide assessment program to measure a
110student's content knowledge and skills in reading, writing,
111science, and mathematics. Other content areas may be included as
112directed by the commissioner. Comprehensive assessments of
113reading and mathematics shall be administered annually in grades
1143 through 10. Comprehensive assessments of writing and science
115shall be administered at least once at the elementary, middle,
116and high school levels. End-of-course assessments for a subject
117may be administered in addition to the comprehensive assessments
118required for that subject under this paragraph. An end-of-course
119assessment must be rigorous, statewide, standardized, and
120developed or approved by the department. The content knowledge
121and skills assessed by comprehensive and end-of-course
122assessments must be aligned to the core curricular content
123established in the Sunshine State Standards. During the 2011-
1242012 school year, an end-of-course assessment in civics
125education shall be administered as a field test at the middle
126school level. During the 2012-2013 school year, each student's
127performance on the statewide, standardized end-of-course
128assessment in civics education shall constitute 30 percent of
129the student's final course grade. Beginning with the 2013-2014
130school year, a student must earn a passing score on the end-of-
131course assessment in civics education in order to pass the
132course and receive course credit. The commissioner may select
133one or more nationally developed comprehensive examinations,
134which may include, but need not be limited to, examinations for
135a College Board Advanced Placement course, International
136Baccalaureate course, or Advanced International Certificate of
137Education course or industry-approved examinations to earn
138national industry certifications as defined in s. 1003.492, for
139use as end-of-course assessments under this paragraph, if the
140commissioner determines that the content knowledge and skills
141assessed by the examinations meet or exceed the grade level
142expectations for the core curricular content established for the
143course in the Next Generation Sunshine State Standards. The
144commissioner may collaborate with the American Diploma Project
145in the adoption or development of rigorous end-of-course
146assessments that are aligned to the Next Generation Sunshine
147State Standards. The testing program must be designed as
148follows:
149     1.  The tests shall measure student skills and competencies
150adopted by the State Board of Education as specified in
151paragraph (a). The tests must measure and report student
152proficiency levels of all students assessed in reading, writing,
153mathematics, and science. The commissioner shall provide for the
154tests to be developed or obtained, as appropriate, through
155contracts and project agreements with private vendors, public
156vendors, public agencies, postsecondary educational
157institutions, or school districts. The commissioner shall obtain
158input with respect to the design and implementation of the
159testing program from state educators, assistive technology
160experts, and the public.
161     2.  The testing program shall be composed of criterion-
162referenced tests that shall, to the extent determined by the
163commissioner, include test items that require the student to
164produce information or perform tasks in such a way that the core
165content knowledge and skills he or she uses can be measured.
166     3.  Beginning with the 2008-2009 school year, the
167commissioner shall discontinue administration of the selected-
168response test items on the comprehensive assessments of writing.
169Beginning with the 2012-2013 school year, the comprehensive
170assessments of writing shall be composed of a combination of
171selected-response test items, short-response performance tasks,
172and extended-response performance tasks, which shall measure a
173student's content knowledge of writing, including, but not
174limited to, paragraph and sentence structure, sentence
175construction, grammar and usage, punctuation, capitalization,
176spelling, parts of speech, verb tense, irregular verbs, subject-
177verb agreement, and noun-pronoun agreement.
178     4.  A score shall be designated for each subject area
179tested, below which score a student's performance is deemed
180inadequate. The school districts shall provide appropriate
181remedial instruction to students who score below these levels.
182     5.  Except as provided in s. 1003.428(8)(b) or s.
1831003.43(11)(b), students must earn a passing score on the grade
18410 assessment test described in this paragraph or attain
185concordant scores as described in subsection (10) in reading,
186writing, and mathematics to qualify for a standard high school
187diploma. The State Board of Education shall designate a passing
188score for each part of the grade 10 assessment test. In
189establishing passing scores, the state board shall consider any
190possible negative impact of the test on minority students. The
191State Board of Education shall adopt rules which specify the
192passing scores for the grade 10 FCAT. Any such rules, which have
193the effect of raising the required passing scores, shall apply
194only to students taking the grade 10 FCAT for the first time
195after such rules are adopted by the State Board of Education.
196     6.  Participation in the testing program is mandatory for
197all students attending public school, including students served
198in Department of Juvenile Justice programs, except as otherwise
199prescribed by the commissioner. If a student does not
200participate in the statewide assessment, the district must
201notify the student's parent and provide the parent with
202information regarding the implications of such nonparticipation.
203A parent must provide signed consent for a student to receive
204classroom instructional accommodations that would not be
205available or permitted on the statewide assessments and must
206acknowledge in writing that he or she understands the
207implications of such instructional accommodations. The State
208Board of Education shall adopt rules, based upon recommendations
209of the commissioner, for the provision of test accommodations
210for students in exceptional education programs and for students
211who have limited English proficiency. Accommodations that negate
212the validity of a statewide assessment are not allowable in the
213administration of the FCAT. However, instructional
214accommodations are allowable in the classroom if included in a
215student's individual education plan. Students using
216instructional accommodations in the classroom that are not
217allowable as accommodations on the FCAT may have the FCAT
218requirement waived pursuant to the requirements of s.
2191003.428(8)(b) or s. 1003.43(11)(b).
220     7.  A student seeking an adult high school diploma must
221meet the same testing requirements that a regular high school
222student must meet.
223     8.  District school boards must provide instruction to
224prepare students to demonstrate proficiency in the core
225curricular content established in the Next Generation Sunshine
226State Standards adopted under s. 1003.41, including the core
227content knowledge and skills necessary for successful grade-to-
228grade progression and high school graduation. If a student is
229provided with instructional accommodations in the classroom that
230are not allowable as accommodations in the statewide assessment
231program, as described in the test manuals, the district must
232inform the parent in writing and must provide the parent with
233information regarding the impact on the student's ability to
234meet expected proficiency levels in reading, writing, and
235mathematics. The commissioner shall conduct studies as necessary
236to verify that the required core curricular content is part of
237the district instructional programs.
238     9.  District school boards must provide opportunities for
239students to demonstrate an acceptable level of performance on an
240alternative standardized assessment approved by the State Board
241of Education following enrollment in summer academies.
242     10.  The Department of Education must develop, or select,
243and implement a common battery of assessment tools that will be
244used in all juvenile justice programs in the state. These tools
245must accurately measure the core curricular content established
246in the Sunshine State Standards.
247     11.  For students seeking a special diploma pursuant to s.
2481003.438, the Department of Education must develop or select and
249implement an alternate assessment tool that accurately measures
250the core curricular content established in the Sunshine State
251Standards for students with disabilities under s. 1003.438.
252     12.  The Commissioner of Education shall establish
253schedules for the administration of statewide assessments and
254the reporting of student test results. The commissioner shall,
255by August 1 of each year, notify each school district in writing
256and publish on the department's Internet website the testing and
257reporting schedules for, at a minimum, the school year following
258the upcoming school year. The testing and reporting schedules
259shall require that:
260     a.  There is the latest possible administration of
261statewide assessments and the earliest possible reporting to the
262school districts of student test results which is feasible
263within available technology and specific appropriations;
264however, test results must be made available no later than the
265final day of the regular school year for students.
266     b.  Beginning with the 2010-2011 school year, a
267comprehensive statewide assessment of writing is not
268administered earlier than the week of March 1 and a
269comprehensive statewide assessment of any other subject is not
270administered earlier than the week of April 15.
271     c.  A statewide standardized end-of-course assessment is
272administered within the last 2 weeks of the course.
273
274The commissioner may, based on collaboration and input from
275school districts, design and implement student testing programs,
276for any grade level and subject area, necessary to effectively
277monitor educational achievement in the state, including the
278measurement of educational achievement of the Sunshine State
279Standards for students with disabilities. Development and
280refinement of assessments shall include universal design
281principles and accessibility standards that will prevent any
282unintended obstacles for students with disabilities while
283ensuring the validity and reliability of the test. These
284principles should be applicable to all technology platforms and
285assistive devices available for the assessments. The field
286testing process and psychometric analyses for the statewide
287assessment program must include an appropriate percentage of
288students with disabilities and an evaluation or determination of
289the effect of test items on such students.
290     Section 4.  Paragraph (c) of subsection (3) of section
2911008.34, Florida Statutes, is amended to read:
292     1008.34  School grading system; school report cards;
293district grade.--
294     (3)  DESIGNATION OF SCHOOL GRADES.--
295     (c)  Student assessment data used in determining school
296grades shall include:
297     1.  The aggregate scores of all eligible students enrolled
298in the school who have been assessed on the FCAT and, beginning
299with the 2012-2013 school year, the statewide, standardized end-
300of-course assessment in civics education at the middle school
301level.
302     2.  The aggregate scores of all eligible students enrolled
303in the school who have been assessed on the FCAT and who have
304scored at or in the lowest 25th percentile of students in the
305school in reading, mathematics, or writing, unless these
306students are exhibiting satisfactory performance.
307     3.  Effective with the 2005-2006 school year, the
308achievement scores and learning gains of eligible students
309attending alternative schools that provide dropout prevention
310and academic intervention services pursuant to s. 1003.53. The
311term "eligible students" in this subparagraph does not include
312students attending an alternative school who are subject to
313district school board policies for expulsion for repeated or
314serious offenses, who are in dropout retrieval programs serving
315students who have officially been designated as dropouts, or who
316are in programs operated or contracted by the Department of
317Juvenile Justice. The student performance data for eligible
318students identified in this subparagraph shall be included in
319the calculation of the home school's grade. As used in this
320section and s. 1008.341, the term "home school" means the school
321to which the student would be assigned if the student were not
322assigned to an alternative school. If an alternative school
323chooses to be graded under this section, student performance
324data for eligible students identified in this subparagraph shall
325not be included in the home school's grade but shall be included
326only in the calculation of the alternative school's grade. A
327school district that fails to assign the FCAT scores of each of
328its students to his or her home school or to the alternative
329school that receives a grade shall forfeit Florida School
330Recognition Program funds for 1 fiscal year. School districts
331must require collaboration between the home school and the
332alternative school in order to promote student success. This
333collaboration must include an annual discussion between the
334principal of the alternative school and the principal of each
335student's home school concerning the most appropriate school
336assignment of the student.
337     4.  Beginning with the 2009-2010 school year for schools
338comprised of high school grades 9, 10, 11, and 12, or grades 10,
33911, and 12, the data listed in subparagraphs 1.-3. and the
340following data as the Department of Education determines such
341data are valid and available:
342     a.  The high school graduation rate of the school as
343calculated by the Department of Education;
344     b.  The participation rate of all eligible students
345enrolled in the school and enrolled in College Board Advanced
346Placement courses; International Baccalaureate courses; dual
347enrollment courses; Advanced International Certificate of
348Education courses; and courses or sequence of courses leading to
349industry certification, as determined by the Agency for
350Workforce Innovation under s. 1003.492(2) in a career and
351professional academy, as described in s. 1003.493;
352     c.  The aggregate scores of all eligible students enrolled
353in the school in College Board Advanced Placement courses,
354International Baccalaureate courses, and Advanced International
355Certificate of Education courses;
356     d.  Earning of college credit by all eligible students
357enrolled in the school in dual enrollment programs under s.
3581007.271;
359     e.  Earning of an industry certification, as determined by
360the Agency for Workforce Innovation under s. 1003.492(2) in a
361career and professional academy, as described in s. 1003.493;
362     f.  The aggregate scores of all eligible students enrolled
363in the school in reading, mathematics, and other subjects as
364measured by the SAT, the ACT, and the common placement test for
365postsecondary readiness;
366     g.  The high school graduation rate of all eligible at-risk
367students enrolled in the school who scored at Level 2 or lower
368on the grade 8 FCAT Reading and Mathematics examinations;
369     h.  The performance of the school's students on statewide
370standardized end-of-course assessments administered under s.
3711008.22; and
372     i.  The growth or decline in the data components listed in
373sub-subparagraphs a.-h. from year to year.
374
375The State Board of Education shall adopt appropriate criteria
376for each school grade. The criteria must also give added weight
377to student achievement in reading. Schools designated with a
378grade of "C," making satisfactory progress, shall be required to
379demonstrate that adequate progress has been made by students in
380the school who are in the lowest 25th percentile in reading,
381mathematics, or writing on the FCAT, unless these students are
382exhibiting satisfactory performance. Beginning with the 2009-
3832010 school year for schools comprised of high school grades 9,
38410, 11, and 12, or grades 10, 11, and 12, the criteria for
385school grades must also give added weight to the graduation rate
386of all eligible at-risk students, as defined in this paragraph.
387Beginning in the 2009-2010 school year, in order for a high
388school to be designated as having a grade of "A," making
389excellent progress, the school must demonstrate that at-risk
390students, as defined in this paragraph, in the school are making
391adequate progress.
392     Section 5.  Section 1003.497, Florida Statutes, is created
393to read:
394     1003.497  Service learning.--
395     (1)  The Department of Education shall encourage school
396districts to initiate, adopt, expand, and institutionalize
397service-learning programs, activities, and policies in
398kindergarten through grade 12. Service learning refers to a
399student-centered, research-based teaching and learning strategy
400that engages students in meaningful service activities in their
401schools or communities. Service-learning activities are directly
402tied to academic curricula, standards, and course, district, or
403state assessments. Service-learning activities foster academic
404achievement, character development, civic engagement, and career
405exploration and enable students to apply curriculum content,
406skills, and behaviors taught in the classroom.
407     (2)  Upon request of any school district that chooses to
408implement service-learning programs, activities, or policies,
409the department shall provide assistance in locating, leveraging,
410and utilizing available or alternative financial resources that
411will assist school districts or teachers desiring to receive
412training and other resources to develop and administer service-
413learning programs or activities. School districts are encouraged
414to include kindergarten through grade 12 service-learning
415programs and activities in proposals they submit to the
416department under federal entitlement grants and competitive
417state and federal grants administered through the department.
418     (3)(a)  The department shall develop and adopt elective
419service-learning courses for inclusion in middle and high school
420course code directories, which will allow additional
421opportunities for students to engage in service learning. School
422districts are encouraged to provide support for the use of
423service learning at any grade level as an instructional strategy
424to address appropriate areas of state education standards for
425student knowledge and performance.
426     (b)  The hours that high school students devote to course-
427based service-learning activities may be counted toward meeting
428community service requirements for high school graduation and
429community service requirements for participation in the Florida
430Bright Futures Scholarship Program. School districts are
431encouraged to include service learning as part of any course or
432activity required for high school graduation and to include and
433accept service-learning activities and hours in requirements for
434academic awards, especially those awards that currently include
435community service as a criterion or selection factor.
436     Section 6.  Paragraph (a) of subsection (3) of section
4371008.34, Florida Statutes, is amended to read:
438     1008.34  School grading system; school report cards;
439district grade.--
440     (3)  DESIGNATION OF SCHOOL GRADES.--
441     (a)  Each school that has students who are tested and
442included in the school grading system shall receive a school
443grade, except as follows:
444     1.  A school shall not receive a school grade if the number
445of its students tested and included in the school grading system
446is less than the minimum sample size necessary, based on
447accepted professional practice, for statistical reliability and
448prevention of the unlawful release of personally identifiable
449student data under s. 1002.22 or 20 U.S.C. s. 1232g.
450     2.  An alternative school may choose to receive a school
451grade under this section or a school improvement rating under s.
4521008.341. For charter schools that meet the definition of an
453alternative school pursuant to State Board of Education rule,
454the decision to receive a school grade is the decision of the
455charter school governing board.
456     3.  A school that serves any combination of students in
457kindergarten through grade 3 which does not receive a school
458grade because its students are not tested and included in the
459school grading system shall receive the school grade designation
460of a K-3 feeder pattern school identified by the Department of
461Education and verified by the school district. A school feeder
462pattern exists if at least 60 percent of the students in the
463school serving a combination of students in kindergarten through
464grade 3 are scheduled to be assigned to the graded school.
465     Section 7.  This act shall take effect July 1, 2009.


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