Florida Senate - 2009 SENATOR AMENDMENT Bill No. CS for CS for SB 2482 Barcode 725638 LEGISLATIVE ACTION Senate . House . . . Floor: 4/PD/2R . 04/30/2009 05:30 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Wise moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 55 - 97 4 and insert: 5 Section 3. Sections 4-6 of this act may be cited as the 6 “Justice Sandra Day O’Connor Civics Education Act.” 7 Section 4. Paragraph (a) of subsection (1) of section 8 1003.4156, Florida Statutes, is amended to read: 9 1003.4156 General requirements for middle grades 10 promotion.— 11 (1) Beginning with students entering grade 6 in the 2006 12 2007 school year, promotion from a school composed of middle 13 grades 6, 7, and 8 requires that: 14 (a) The student must successfully complete academic courses 15 as follows: 16 1. Three middle school or higher courses in English. These 17 courses shall emphasize literature, composition, and technical 18 text. 19 2. Three middle school or higher courses in mathematics. 20 Each middle school must offer at least one high school level 21 mathematics course for which students may earn high school 22 credit. 23 3. Three middle school or higher courses in social studies, 24 one semester of which must include the study of state and 25 federal government and civics education. Beginning with students 26 entering grade 6 in the 2011-2012 school year, one of these 27 courses must be a one-semester civics education course that a 28 student successfully completes in accordance with s. 29 1008.22(3)(c) and that includes the roles and responsibilities 30 of federal, state, and local governments; the structures and 31 functions of the legislative, executive, and judicial branches 32 of government; and the meaning and significance of historic 33 documents, such as the Articles of Confederation, the 34 Declaration of Independence, and the Constitution of the United 35 States. 36 4. Three middle school or higher courses in science. 37 5. One course in career and education planning to be 38 completed in 7th or 8th grade. The course may be taught by any 39 member of the instructional staff; must include career 40 exploration using Florida CHOICESfor the 21st Centuryor a 41 comparable cost-effective program; must include educational 42 planning using the online student advising system known as 43 Florida Academic Counseling and Tracking for Students at the 44 Internet website FACTS.org; and shall result in the completion 45 of a personalized academic and career plan. 46 47 Each school must hold a parent meeting either in the evening or 48 on a weekend to inform parents about the course curriculum and 49 activities. Each student shall complete an electronic personal 50 education plan that must be signed by the student; the student’s 51 instructor, guidance counselor, or academic advisor; and the 52 student’s parent.By January 1, 2007,The Department of 53 Education shall develop course frameworks and professional 54 development materials for the career exploration and education 55 planning course. The course may be implemented as a stand-alone 56 course or integrated into another course or courses. The 57 Commissioner of Education shall collect longitudinal high school 58 course enrollment data by student ethnicity in order to analyze 59 course-taking patterns. 60 Section 5. Paragraph (c) of subsection (3) of section 61 1008.22, Florida Statutes, is amended to read: 62 1008.22 Student assessment program for public schools.— 63 (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall 64 design and implement a statewide program of educational 65 assessment that provides information for the improvement of the 66 operation and management of the public schools, including 67 schools operating for the purpose of providing educational 68 services to youth in Department of Juvenile Justice programs. 69 The commissioner may enter into contracts for the continued 70 administration of the assessment, testing, and evaluation 71 programs authorized and funded by the Legislature. Contracts may 72 be initiated in 1 fiscal year and continue into the next and may 73 be paid from the appropriations of either or both fiscal years. 74 The commissioner is authorized to negotiate for the sale or 75 lease of tests, scoring protocols, test scoring services, and 76 related materials developed pursuant to law. Pursuant to the 77 statewide assessment program, the commissioner shall: 78 (c) Develop and implement a student achievement testing 79 program known as the Florida Comprehensive Assessment Test 80 (FCAT) as part of the statewide assessment program to measure a 81 student’s content knowledge and skills in reading, writing, 82 science, and mathematics. Other content areas may be included as 83 directed by the commissioner. Comprehensive assessments of 84 reading and mathematics shall be administered annually in grades 85 3 through 10. Comprehensive assessments of writing and science 86 shall be administered at least once at the elementary, middle, 87 and high school levels. End-of-course assessments for a subject 88 may be administered in addition to the comprehensive assessments 89 required for that subject under this paragraph. An end-of-course 90 assessment must be rigorous, statewide, standardized, and 91 developed or approved by the department. The content knowledge 92 and skills assessed by comprehensive and end-of-course 93 assessments must be aligned to the core curricular content 94 established in the Sunshine State Standards. During the 2011 95 2012 school year, an end-of-course assessment in civics 96 education shall be administered as a field test at the middle 97 school level. During the 2012-2013 school year, each student’s 98 performance on the statewide, standardized end-of-course 99 assessment in civics education shall constitute 30 percent of 100 the student’s final course grade. Beginning with the 2013-2014 101 school year, a student must earn a passing score on the end-of 102 course assessment in civics education in order to pass the 103 course and receive course credit. The commissioner may select 104 one or more nationally developed comprehensive examinations, 105 which may include, but need not be limited to, examinations for 106 a College Board Advanced Placement course, International 107 Baccalaureate course, or Advanced International Certificate of 108 Education course or industry-approved examinations to earn 109 national industry certifications as defined in s. 1003.492, for 110 use as end-of-course assessments under this paragraph, if the 111 commissioner determines that the content knowledge and skills 112 assessed by the examinations meet or exceed the grade level 113 expectations for the core curricular content established for the 114 course in the Next Generation Sunshine State Standards. The 115 commissioner may collaborate with the American Diploma Project 116 in the adoption or development of rigorous end-of-course 117 assessments that are aligned to the Next Generation Sunshine 118 State Standards. The testing program must be designed as 119 follows: 120 1. The tests shall measure student skills and competencies 121 adopted by the State Board of Education as specified in 122 paragraph (a). The tests must measure and report student 123 proficiency levels of all students assessed in reading, writing, 124 mathematics, and science. The commissioner shall provide for the 125 tests to be developed or obtained, as appropriate, through 126 contracts and project agreements with private vendors, public 127 vendors, public agencies, postsecondary educational 128 institutions, or school districts. The commissioner shall obtain 129 input with respect to the design and implementation of the 130 testing program from state educators, assistive technology 131 experts, and the public. 132 2. The testing program shall be composed of criterion 133 referenced tests that shall, to the extent determined by the 134 commissioner, include test items that require the student to 135 produce information or perform tasks in such a way that the core 136 content knowledge and skills he or she uses can be measured. 137 3. Beginning with the 2008-2009 school year, the 138 commissioner shall discontinue administration of the selected 139 response test items on the comprehensive assessments of writing. 140 Beginning with the 2012-2013 school year, the comprehensive 141 assessments of writing shall be composed of a combination of 142 selected-response test items, short-response performance tasks, 143 and extended-response performance tasks, which shall measure a 144 student’s content knowledge of writing, including, but not 145 limited to, paragraph and sentence structure, sentence 146 construction, grammar and usage, punctuation, capitalization, 147 spelling, parts of speech, verb tense, irregular verbs, subject 148 verb agreement, and noun-pronoun agreement. 149 4. A score shall be designated for each subject area 150 tested, below which score a student’s performance is deemed 151 inadequate. The school districts shall provide appropriate 152 remedial instruction to students who score below these levels. 153 5. Except as provided in s. 1003.428(8)(b) or s. 154 1003.43(11)(b), students must earn a passing score on the grade 155 10 assessment test described in this paragraph or attain 156 concordant scores as described in subsection (10) in reading, 157 writing, and mathematics to qualify for a standard high school 158 diploma. The State Board of Education shall designate a passing 159 score for each part of the grade 10 assessment test. In 160 establishing passing scores, the state board shall consider any 161 possible negative impact of the test on minority students. The 162 State Board of Education shall adopt rules which specify the 163 passing scores for the grade 10 FCAT. Any such rules, which have 164 the effect of raising the required passing scores, shall apply 165 only to students taking the grade 10 FCAT for the first time 166 after such rules are adopted by the State Board of Education. 167 6. Participation in the testing program is mandatory for 168 all students attending public school, including students served 169 in Department of Juvenile Justice programs, except as otherwise 170 prescribed by the commissioner. If a student does not 171 participate in the statewide assessment, the district must 172 notify the student’s parent and provide the parent with 173 information regarding the implications of such nonparticipation. 174 A parent must provide signed consent for a student to receive 175 classroom instructional accommodations that would not be 176 available or permitted on the statewide assessments and must 177 acknowledge in writing that he or she understands the 178 implications of such instructional accommodations. The State 179 Board of Education shall adopt rules, based upon recommendations 180 of the commissioner, for the provision of test accommodations 181 for students in exceptional education programs and for students 182 who have limited English proficiency. Accommodations that negate 183 the validity of a statewide assessment are not allowable in the 184 administration of the FCAT. However, instructional 185 accommodations are allowable in the classroom if included in a 186 student’s individual education plan. Students using 187 instructional accommodations in the classroom that are not 188 allowable as accommodations on the FCAT may have the FCAT 189 requirement waived pursuant to the requirements of s. 190 1003.428(8)(b) or s. 1003.43(11)(b). 191 7. A student seeking an adult high school diploma must meet 192 the same testing requirements that a regular high school student 193 must meet. 194 8. District school boards must provide instruction to 195 prepare students to demonstrate proficiency in the core 196 curricular content established in the Next Generation Sunshine 197 State Standards adopted under s. 1003.41, including the core 198 content knowledge and skills necessary for successful grade-to 199 grade progression and high school graduation. If a student is 200 provided with instructional accommodations in the classroom that 201 are not allowable as accommodations in the statewide assessment 202 program, as described in the test manuals, the district must 203 inform the parent in writing and must provide the parent with 204 information regarding the impact on the student’s ability to 205 meet expected proficiency levels in reading, writing, and 206 mathematics. The commissioner shall conduct studies as necessary 207 to verify that the required core curricular content is part of 208 the district instructional programs. 209 9. District school boards must provide opportunities for 210 students to demonstrate an acceptable level of performance on an 211 alternative standardized assessment approved by the State Board 212 of Education following enrollment in summer academies. 213 10. The Department of Education must develop, or select, 214 and implement a common battery of assessment tools that will be 215 used in all juvenile justice programs in the state. These tools 216 must accurately measure the core curricular content established 217 in the Sunshine State Standards. 218 11. For students seeking a special diploma pursuant to s. 219 1003.438, the Department of Education must develop or select and 220 implement an alternate assessment tool that accurately measures 221 the core curricular content established in the Sunshine State 222 Standards for students with disabilities under s. 1003.438. 223 12. The Commissioner of Education shall establish schedules 224 for the administration of statewide assessments and the 225 reporting of student test results. The commissioner shall, by 226 August 1 of each year, notify each school district in writing 227 and publish on the department’s Internet website the testing and 228 reporting schedules for, at a minimum, the school year following 229 the upcoming school year. The testing and reporting schedules 230 shall require that: 231 a. There is the latest possible administration of statewide 232 assessments and the earliest possible reporting to the school 233 districts of student test results which is feasible within 234 available technology and specific appropriations; however, test 235 results must be made available no later than the final day of 236 the regular school year for students. 237 b. Beginning with the 2010-2011 school year, a 238 comprehensive statewide assessment of writing is not 239 administered earlier than the week of March 1 and a 240 comprehensive statewide assessment of any other subject is not 241 administered earlier than the week of April 15. 242 c. A statewide standardized end-of-course assessment is 243 administered within the last 2 weeks of the course. 244 245 The commissioner may, based on collaboration and input from 246 school districts, design and implement student testing programs, 247 for any grade level and subject area, necessary to effectively 248 monitor educational achievement in the state, including the 249 measurement of educational achievement of the Sunshine State 250 Standards for students with disabilities. Development and 251 refinement of assessments shall include universal design 252 principles and accessibility standards that will prevent any 253 unintended obstacles for students with disabilities while 254 ensuring the validity and reliability of the test. These 255 principles should be applicable to all technology platforms and 256 assistive devices available for the assessments. The field 257 testing process and psychometric analyses for the statewide 258 assessment program must include an appropriate percentage of 259 students with disabilities and an evaluation or determination of 260 the effect of test items on such students. 261 Section 6. Paragraph (c) of subsection (3) of section 262 1008.34, Florida Statutes, is amended to read: 263 1008.34 School grading system; school report cards; 264 district grade.— 265 (3) DESIGNATION OF SCHOOL GRADES.— 266 (c) Student assessment data used in determining school 267 grades shall include: 268 1. The aggregate scores of all eligible students enrolled 269 in the school who have been assessed on the FCAT and, beginning 270 with the 2012-2013 school year, the statewide, standardized end 271 of-course assessment in civics education at the middle school 272 level. 273 2. The aggregate scores of all eligible students enrolled 274 in the school who have been assessed on the FCAT and who have 275 scored at or in the lowest 25th percentile of students in the 276 school in reading, mathematics, or writing, unless these 277 students are exhibiting satisfactory performance. 278 3. Effective with the 2005-2006 school year, the 279 achievement scores and learning gains of eligible students 280 attending alternative schools that provide dropout prevention 281 and academic intervention services pursuant to s. 1003.53. The 282 term “eligible students” in this subparagraph does not include 283 students attending an alternative school who are subject to 284 district school board policies for expulsion for repeated or 285 serious offenses, who are in dropout retrieval programs serving 286 students who have officially been designated as dropouts, or who 287 are in programs operated or contracted by the Department of 288 Juvenile Justice. The student performance data for eligible 289 students identified in this subparagraph shall be included in 290 the calculation of the home school’s grade. As used in this 291 section and s. 1008.341, the term “home school” means the school 292 to which the student would be assigned if the student were not 293 assigned to an alternative school. If an alternative school 294 chooses to be graded under this section, student performance 295 data for eligible students identified in this subparagraph shall 296 not be included in the home school’s grade but shall be included 297 only in the calculation of the alternative school’s grade. A 298 school district that fails to assign the FCAT scores of each of 299 its students to his or her home school or to the alternative 300 school that receives a grade shall forfeit Florida School 301 Recognition Program funds for 1 fiscal year. School districts 302 must require collaboration between the home school and the 303 alternative school in order to promote student success. This 304 collaboration must include an annual discussion between the 305 principal of the alternative school and the principal of each 306 student’s home school concerning the most appropriate school 307 assignment of the student. 308 4. Beginning with the 2009-2010 school year for schools 309 comprised of high school grades 9, 10, 11, and 12, or grades 10, 310 11, and 12, the data listed in subparagraphs 1.-3. and the 311 following data as the Department of Education determines such 312 data are valid and available: 313 a. The high school graduation rate of the school as 314 calculated by the Department of Education; 315 b. The participation rate of all eligible students enrolled 316 in the school and enrolled in College Board Advanced Placement 317 courses; International Baccalaureate courses; dual enrollment 318 courses; Advanced International Certificate of Education 319 courses; and courses or sequence of courses leading to industry 320 certification, as determined by the Agency for Workforce 321 Innovation under s. 1003.492(2) in a career and professional 322 academy, as described in s. 1003.493; 323 c. The aggregate scores of all eligible students enrolled 324 in the school in College Board Advanced Placement courses, 325 International Baccalaureate courses, and Advanced International 326 Certificate of Education courses; 327 d. Earning of college credit by all eligible students 328 enrolled in the school in dual enrollment programs under s. 329 1007.271; 330 e. Earning of an industry certification, as determined by 331 the Agency for Workforce Innovation under s. 1003.492(2) in a 332 career and professional academy, as described in s. 1003.493; 333 f. The aggregate scores of all eligible students enrolled 334 in the school in reading, mathematics, and other subjects as 335 measured by the SAT, the ACT, and the common placement test for 336 postsecondary readiness; 337 g. The high school graduation rate of all eligible at-risk 338 students enrolled in the school who scored at Level 2 or lower 339 on the grade 8 FCAT Reading and Mathematics examinations; 340 h. The performance of the school’s students on statewide 341 standardized end-of-course assessments administered under s. 342 1008.22; and 343 i. The growth or decline in the data components listed in 344 sub-subparagraphs a.-h. from year to year. 345 346 The State Board of Education shall adopt appropriate criteria 347 for each school grade. The criteria must also give added weight 348 to student achievement in reading. Schools designated with a 349 grade of “C,” making satisfactory progress, shall be required to 350 demonstrate that adequate progress has been made by students in 351 the school who are in the lowest 25th percentile in reading, 352 mathematics, or writing on the FCAT, unless these students are 353 exhibiting satisfactory performance. Beginning with the 2009 354 2010 school year for schools comprised of high school grades 9, 355 10, 11, and 12, or grades 10, 11, and 12, the criteria for 356 school grades must also give added weight to the graduation rate 357 of all eligible at-risk students, as defined in this paragraph. 358 Beginning in the 2009-2010 school year, in order for a high 359 school to be designated as having a grade of “A,” making 360 excellent progress, the school must demonstrate that at-risk 361 students, as defined in this paragraph, in the school are making 362 adequate progress. 363 364 ================= T I T L E A M E N D M E N T ================ 365 And the title is amended as follows: 366 Delete lines 9 - 10 367 and insert: 368 Program; providing a short title; amending s. 369 1003.4156, F.S.; providing requirements for a civics 370 education course that a student must successfully 371 complete for middle grades promotion beginning with 372 students entering grade 6 in the 2011-2012 school 373 year; amending s. 1008.22, F.S.; requiring the 374 administration of an end-of-course assessment in 375 civics education as a field test at the middle school 376 level during the 2011-2012 school year; providing 377 requirements for course grade and course credit for 378 subsequent school years; amending s. 1008.34, F.S.; 379 requiring the inclusion of civics education end-of 380 course assessment data in determining school grades 381 beginning with the 2012-2013 school year; amending s. 382 1003.429, F.S.; revising