Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 2482
       
       
       
       
       
       
                                Barcode 725638                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 4/PD/2R         .                                
             04/30/2009 05:30 PM       .                                
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       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 CHOICES for the 21st Century or 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