HB 105

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

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