Florida Senate - 2010 CS for SB 1096 By the Committee on Education Pre-K - 12; and Senators Detert and Sobel 581-02173-10 20101096c1 1 A bill to be entitled 2 An act relating to middle school civics education 3 assessment; providing a short title; amending s. 4 1003.41, F.S., relating to the Sunshine State 5 Standards; requiring that, beginning in the 2012-2013 6 school year, reading and language arts instructional 7 materials for the language arts standards include 8 civics education content at all grade levels; amending 9 s. 1003.4156, F.S.; providing requirements for a 10 civics education course that a student must 11 successfully complete for middle grades promotion 12 beginning with students entering grade 6 in the 2012 13 2013 school year; amending s. 1008.22, F.S.; requiring 14 the administration of an end-of-course assessment in 15 civics education as a field test at the middle school 16 level during the 2012-2013 school year; providing 17 requirements for course grade and course credit for 18 subsequent school years; amending s. 1008.34, F.S.; 19 requiring the inclusion of civics education end-of 20 course assessment data in determining school grades 21 beginning with the 2013-2014 school year; providing an 22 effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. This act may be cited as the “Justice Sandra Day 27 O’Connor Civics Education Act.” 28 Section 2. Paragraph (a) of subsection (1) of section 29 1003.41, Florida Statutes, is amended to read: 30 1003.41 Sunshine State Standards.— 31 (1) Public K-12 educational instruction in Florida is based 32 on the “Sunshine State Standards.” The State Board of Education 33 shall review the Sunshine State Standards and replace them with 34 the Next Generation Sunshine State Standards that establish the 35 core content of the curricula to be taught in this state and 36 that specify the core content knowledge and skills that K-12 37 public school students are expected to acquire. The Next 38 Generation Sunshine State Standards must, at a minimum: 39 (a) Establish the core curricular content for language 40 arts, science, mathematics, and social studies, as follows: 41 1. Language arts standards must establish specific 42 curricular content for, at a minimum, the reading process, 43 literary analysis, the writing process, writing applications, 44 communication, and information and media literacy. The standards 45 must include distinct grade level expectations for the core 46 content knowledge and skills that a student is expected to have 47 acquired by each individual grade level from kindergarten 48 through grade 8. The language arts standards for grades 9 49 through 12 may be organized by grade clusters of more than one 50 grade level. The language arts standards must also identify 51 significant literary genres and authors that encompass a 52 comprehensive range of historical periods and shall emphasize 53 civics education concepts. Beginning with the 2012-2013 school 54 year, the reading and language arts instructional materials 55 shall include civics education content at all grade levels. The 56 State Board of Education shall, in accordance with the expedited 57 schedule established under subsection (2), review and replace 58 the language arts standards adopted by the state board in 2007 59 with Next Generation Sunshine State Standards that comply with 60 this subparagraph. 61 2. Science standards must establish specific curricular 62 content for, at a minimum, the nature of science, earth and 63 space science, physical science, and life science. The standards 64 must include distinct grade level expectations for the core 65 content knowledge and skills that a student is expected to have 66 acquired by each individual grade level from kindergarten 67 through grade 8. The science standards for grades 9 through 12 68 may be organized by grade clusters of more than one grade level. 69 3. Mathematics standards must establish specific curricular 70 content for, at a minimum, algebra, geometry, probability, 71 statistics, calculus, discrete mathematics, financial literacy, 72 and trigonometry. The standards must include distinct grade 73 level expectations for the core content knowledge and skills 74 that a student is expected to have acquired by each individual 75 grade level from kindergarten through grade 8. The mathematics 76 standards for grades 9 through 12 may be organized by grade 77 clusters of more than one grade level. 78 4. Social studies standards must establish specific 79 curricular content for, at a minimum, geography, United States 80 and world history, government, civics, economics, and 81 humanities. The standards must include distinct grade level 82 expectations for the core content knowledge and skills that a 83 student is expected to have acquired by each individual grade 84 level from kindergarten through grade 8. The social studies 85 standards for grades 9 through 12 may be organized by grade 86 clusters of more than one grade level. 87 Section 3. Paragraph (a) of subsection (1) of section 88 1003.4156, Florida Statutes, is amended to read: 89 1003.4156 General requirements for middle grades 90 promotion.— 91 (1) Beginning with students entering grade 6 in the 2006 92 2007 school year, promotion from a school composed of middle 93 grades 6, 7, and 8 requires that: 94 (a) The student must successfully complete academic courses 95 as follows: 96 1. Three middle school or higher courses in English. These 97 courses shall emphasize literature, composition, and technical 98 text. 99 2. Three middle school or higher courses in mathematics. 100 Each middle school must offer at least one high school level 101 mathematics course for which students may earn high school 102 credit. 103 3. Three middle school or higher courses in social studies, 104 one semester of which must include the study of state and 105 federal government and civics education. Beginning with students 106 entering grade 6 in the 2012-2013 school year, one of these 107 courses must be at least a one-semester civics education course 108 that a student successfully completes in accordance with s. 109 1008.22(3)(c) and that includes the roles and responsibilities 110 of federal, state, and local governments; the structures and 111 functions of the legislative, executive, and judicial branches 112 of government; and the meaning and significance of historic 113 documents, such as the Articles of Confederation, the 114 Declaration of Independence, and the Constitution of the United 115 States. 116 4. Three middle school or higher courses in science. 117 5. One course in career and education planning to be 118 completed in 7th or 8th grade. The course may be taught by any 119 member of the instructional staff; must include career 120 exploration using CHOICES for the 21st Century or a comparable 121 cost-effective program; must include educational planning using 122 the online student advising system known as Florida Academic 123 Counseling and Tracking for Students at the Internet website 124 FACTS.org; and shall result in the completion of a personalized 125 academic and career plan. 126 127 Each school must hold a parent meeting either in the evening or 128 on a weekend to inform parents about the course curriculum and 129 activities. Each student shall complete an electronic personal 130 education plan that must be signed by the student; the student’s 131 instructor, guidance counselor, or academic advisor; and the 132 student’s parent. By January 1, 2007, the Department of 133 Education shall develop course frameworks and professional 134 development materials for the career exploration and education 135 planning course. The course may be implemented as a stand-alone 136 course or integrated into another course or courses. The 137 Commissioner of Education shall collect longitudinal high school 138 course enrollment data by student ethnicity in order to analyze 139 course-taking patterns. 140 Section 4. Paragraph (c) of subsection (3) of section 141 1008.22, Florida Statutes, is amended to read: 142 1008.22 Student assessment program for public schools.— 143 (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall 144 design and implement a statewide program of educational 145 assessment that provides information for the improvement of the 146 operation and management of the public schools, including 147 schools operating for the purpose of providing educational 148 services to youth in Department of Juvenile Justice programs. 149 The commissioner may enter into contracts for the continued 150 administration of the assessment, testing, and evaluation 151 programs authorized and funded by the Legislature. Contracts may 152 be initiated in 1 fiscal year and continue into the next and may 153 be paid from the appropriations of either or both fiscal years. 154 The commissioner is authorized to negotiate for the sale or 155 lease of tests, scoring protocols, test scoring services, and 156 related materials developed pursuant to law. Pursuant to the 157 statewide assessment program, the commissioner shall: 158 (c) Develop and implement a student achievement testing 159 program known as the Florida Comprehensive Assessment Test 160 (FCAT) as part of the statewide assessment program to measure a 161 student’s content knowledge and skills in reading, writing, 162 science, and mathematics. Other content areas may be included as 163 directed by the commissioner. Comprehensive assessments of 164 reading and mathematics shall be administered annually in grades 165 3 through 10. Comprehensive assessments of writing and science 166 shall be administered at least once at the elementary, middle, 167 and high school levels. End-of-course assessments for a subject 168 may be administered in addition to the comprehensive assessments 169 required for that subject under this paragraph. An end-of-course 170 assessment must be rigorous, statewide, standardized, and 171 developed or approved by the department. The content knowledge 172 and skills assessed by comprehensive and end-of-course 173 assessments must be aligned to the core curricular content 174 established in the Sunshine State Standards. During the 2012 175 2013 school year, an end-of-course assessment in civics 176 education shall be administered as a field test at the middle 177 school level. During the 2013-2014 school year, each student’s 178 performance on the statewide, standardized end-of-course 179 assessment in civics education shall constitute 30 percent of 180 the student’s final course grade. Beginning with the 2014-2015 181 school year, a student must earn a passing score on the end-of 182 course assessment in civics education in order to pass the 183 course and receive course credit. The commissioner may select 184 one or more nationally developed comprehensive examinations, 185 which may include, but need not be limited to, examinations for 186 a College Board Advanced Placement course, International 187 Baccalaureate course, or Advanced International Certificate of 188 Education course or industry-approved examinations to earn 189 national industry certifications as defined in s. 1003.492, for 190 use as end-of-course assessments under this paragraph, if the 191 commissioner determines that the content knowledge and skills 192 assessed by the examinations meet or exceed the grade level 193 expectations for the core curricular content established for the 194 course in the Next Generation Sunshine State Standards. The 195 commissioner may collaborate with the American Diploma Project 196 in the adoption or development of rigorous end-of-course 197 assessments that are aligned to the Next Generation Sunshine 198 State Standards. The testing program must be designed as 199 follows: 200 1. The tests shall measure student skills and competencies 201 adopted by the State Board of Education as specified in 202 paragraph (a). The tests must measure and report student 203 proficiency levels of all students assessed in reading, writing, 204 mathematics, and science. The commissioner shall provide for the 205 tests to be developed or obtained, as appropriate, through 206 contracts and project agreements with private vendors, public 207 vendors, public agencies, postsecondary educational 208 institutions, or school districts. The commissioner shall obtain 209 input with respect to the design and implementation of the 210 testing program from state educators, assistive technology 211 experts, and the public. 212 2. The testing program shall be composed of criterion 213 referenced tests that shall, to the extent determined by the 214 commissioner, include test items that require the student to 215 produce information or perform tasks in such a way that the core 216 content knowledge and skills he or she uses can be measured. 217 3. Beginning with the 2008-2009 school year, the 218 commissioner shall discontinue administration of the selected 219 response test items on the comprehensive assessments of writing. 220 Beginning with the 2012-2013 school year, the comprehensive 221 assessments of writing shall be composed of a combination of 222 selected-response test items, short-response performance tasks, 223 and extended-response performance tasks, which shall measure a 224 student’s content knowledge of writing, including, but not 225 limited to, paragraph and sentence structure, sentence 226 construction, grammar and usage, punctuation, capitalization, 227 spelling, parts of speech, verb tense, irregular verbs, subject 228 verb agreement, and noun-pronoun agreement. 229 4. A score shall be designated for each subject area 230 tested, below which score a student’s performance is deemed 231 inadequate. The school districts shall provide appropriate 232 remedial instruction to students who score below these levels. 233 5. Except as provided in s. 1003.428(8)(b) or s. 234 1003.43(11)(b), students must earn a passing score on the grade 235 10 assessment test described in this paragraph or attain 236 concordant scores as described in subsection (10) in reading, 237 writing, and mathematics to qualify for a standard high school 238 diploma. The State Board of Education shall designate a passing 239 score for each part of the grade 10 assessment test. In 240 establishing passing scores, the state board shall consider any 241 possible negative impact of the test on minority students. The 242 State Board of Education shall adopt rules which specify the 243 passing scores for the grade 10 FCAT. Any such rules, which have 244 the effect of raising the required passing scores, shall apply 245 only to students taking the grade 10 FCAT for the first time 246 after such rules are adopted by the State Board of Education. 247 6. Participation in the testing program is mandatory for 248 all students attending public school, including students served 249 in Department of Juvenile Justice programs, except as otherwise 250 prescribed by the commissioner. If a student does not 251 participate in the statewide assessment, the district must 252 notify the student’s parent and provide the parent with 253 information regarding the implications of such nonparticipation. 254 A parent must provide signed consent for a student to receive 255 classroom instructional accommodations that would not be 256 available or permitted on the statewide assessments and must 257 acknowledge in writing that he or she understands the 258 implications of such instructional accommodations. The State 259 Board of Education shall adopt rules, based upon recommendations 260 of the commissioner, for the provision of test accommodations 261 for students in exceptional education programs and for students 262 who have limited English proficiency. Accommodations that negate 263 the validity of a statewide assessment are not allowable in the 264 administration of the FCAT. However, instructional 265 accommodations are allowable in the classroom if included in a 266 student’s individual education plan. Students using 267 instructional accommodations in the classroom that are not 268 allowable as accommodations on the FCAT may have the FCAT 269 requirement waived pursuant to the requirements of s. 270 1003.428(8)(b) or s. 1003.43(11)(b). 271 7. A student seeking an adult high school diploma must meet 272 the same testing requirements that a regular high school student 273 must meet. 274 8. District school boards must provide instruction to 275 prepare students to demonstrate proficiency in the core 276 curricular content established in the Next Generation Sunshine 277 State Standards adopted under s. 1003.41, including the core 278 content knowledge and skills necessary for successful grade-to 279 grade progression and high school graduation. If a student is 280 provided with instructional accommodations in the classroom that 281 are not allowable as accommodations in the statewide assessment 282 program, as described in the test manuals, the district must 283 inform the parent in writing and must provide the parent with 284 information regarding the impact on the student’s ability to 285 meet expected proficiency levels in reading, writing, and 286 mathematics. The commissioner shall conduct studies as necessary 287 to verify that the required core curricular content is part of 288 the district instructional programs. 289 9. District school boards must provide opportunities for 290 students to demonstrate an acceptable level of performance on an 291 alternative standardized assessment approved by the State Board 292 of Education following enrollment in summer academies. 293 10. The Department of Education must develop, or select, 294 and implement a common battery of assessment tools that will be 295 used in all juvenile justice programs in the state. These tools 296 must accurately measure the core curricular content established 297 in the Sunshine State Standards. 298 11. For students seeking a special diploma pursuant to s. 299 1003.438, the Department of Education must develop or select and 300 implement an alternate assessment tool that accurately measures 301 the core curricular content established in the Sunshine State 302 Standards for students with disabilities under s. 1003.438. 303 12. The Commissioner of Education shall establish schedules 304 for the administration of statewide assessments and the 305 reporting of student test results. The commissioner shall, by 306 August 1 of each year, notify each school district in writing 307 and publish on the department’s Internet website the testing and 308 reporting schedules for, at a minimum, the school year following 309 the upcoming school year. The testing and reporting schedules 310 shall require that: 311 a. There is the latest possible administration of statewide 312 assessments and the earliest possible reporting to the school 313 districts of student test results which is feasible within 314 available technology and specific appropriations; however, test 315 results must be made available no later than the final day of 316 the regular school year for students. 317 b. Beginning with the 2010-2011 school year, a 318 comprehensive statewide assessment of writing is not 319 administered earlier than the week of March 1 and a 320 comprehensive statewide assessment of any other subject is not 321 administered earlier than the week of April 15. 322 c. A statewide standardized end-of-course assessment is 323 administered within the last 2 weeks of the course. 324 325 The commissioner may, based on collaboration and input from 326 school districts, design and implement student testing programs, 327 for any grade level and subject area, necessary to effectively 328 monitor educational achievement in the state, including the 329 measurement of educational achievement of the Sunshine State 330 Standards for students with disabilities. Development and 331 refinement of assessments shall include universal design 332 principles and accessibility standards that will prevent any 333 unintended obstacles for students with disabilities while 334 ensuring the validity and reliability of the test. These 335 principles should be applicable to all technology platforms and 336 assistive devices available for the assessments. The field 337 testing process and psychometric analyses for the statewide 338 assessment program must include an appropriate percentage of 339 students with disabilities and an evaluation or determination of 340 the effect of test items on such students. 341 Section 5. Paragraph (c) of subsection (3) of section 342 1008.34, Florida Statutes, is amended to read: 343 1008.34 School grading system; school report cards; 344 district grade.— 345 (3) DESIGNATION OF SCHOOL GRADES.— 346 (c) Student assessment data used in determining school 347 grades shall include: 348 1. The aggregate scores of all eligible students enrolled 349 in the school who have been assessed on the FCAT and, beginning 350 with the 2013-2014 school year, the statewide, standardized end 351 of-course assessment in civics education at the middle school 352 level. 353 2. The aggregate scores of all eligible students enrolled 354 in the school who have been assessed on the FCAT and who have 355 scored at or in the lowest 25th percentile of students in the 356 school in reading, mathematics, or writing, unless these 357 students are exhibiting satisfactory performance. 358 3. Effective with the 2005-2006 school year, the 359 achievement scores and learning gains of eligible students 360 attending alternative schools that provide dropout prevention 361 and academic intervention services pursuant to s. 1003.53. The 362 term “eligible students” in this subparagraph does not include 363 students attending an alternative school who are subject to 364 district school board policies for expulsion for repeated or 365 serious offenses, who are in dropout retrieval programs serving 366 students who have officially been designated as dropouts, or who 367 are in programs operated or contracted by the Department of 368 Juvenile Justice. The student performance data for eligible 369 students identified in this subparagraph shall be included in 370 the calculation of the home school’s grade. As used in this 371 section and s. 1008.341, the term “home school” means the school 372 to which the student would be assigned if the student were not 373 assigned to an alternative school. If an alternative school 374 chooses to be graded under this section, student performance 375 data for eligible students identified in this subparagraph shall 376 not be included in the home school’s grade but shall be included 377 only in the calculation of the alternative school’s grade. A 378 school district that fails to assign the FCAT scores of each of 379 its students to his or her home school or to the alternative 380 school that receives a grade shall forfeit Florida School 381 Recognition Program funds for 1 fiscal year. School districts 382 must require collaboration between the home school and the 383 alternative school in order to promote student success. This 384 collaboration must include an annual discussion between the 385 principal of the alternative school and the principal of each 386 student’s home school concerning the most appropriate school 387 assignment of the student. 388 4. Beginning with the 2009-2010 school year for schools 389 comprised of high school grades 9, 10, 11, and 12, or grades 10, 390 11, and 12, the data listed in subparagraphs 1.-3. and the 391 following data as the Department of Education determines such 392 data are valid and available: 393 a. The high school graduation rate of the school as 394 calculated by the Department of Education; 395 b. The participation rate of all eligible students enrolled 396 in the school and enrolled in College Board Advanced Placement 397 courses; International Baccalaureate courses; dual enrollment 398 courses; Advanced International Certificate of Education 399 courses; and courses or sequence of courses leading to industry 400 certification, as determined by the Agency for Workforce 401 Innovation under s. 1003.492(2) in a career and professional 402 academy, as described in s. 1003.493; 403 c. The aggregate scores of all eligible students enrolled 404 in the school in College Board Advanced Placement courses, 405 International Baccalaureate courses, and Advanced International 406 Certificate of Education courses; 407 d. Earning of college credit by all eligible students 408 enrolled in the school in dual enrollment programs under s. 409 1007.271; 410 e. Earning of an industry certification, as determined by 411 the Agency for Workforce Innovation under s. 1003.492(2) in a 412 career and professional academy, as described in s. 1003.493; 413 f. The aggregate scores of all eligible students enrolled 414 in the school in reading, mathematics, and other subjects as 415 measured by the SAT, the ACT, and the common placement test for 416 postsecondary readiness; 417 g. The high school graduation rate of all eligible at-risk 418 students enrolled in the school who scored at Level 2 or lower 419 on the grade 8 FCAT Reading and Mathematics examinations; 420 h. The performance of the school’s students on statewide 421 standardized end-of-course assessments administered under s. 422 1008.22; and 423 i. The growth or decline in the data components listed in 424 sub-subparagraphs a.-h. from year to year. 425 426 The State Board of Education shall adopt appropriate criteria 427 for each school grade. The criteria must also give added weight 428 to student achievement in reading. Schools designated with a 429 grade of “C,” making satisfactory progress, shall be required to 430 demonstrate that adequate progress has been made by students in 431 the school who are in the lowest 25th percentile in reading, 432 mathematics, or writing on the FCAT, unless these students are 433 exhibiting satisfactory performance. Beginning with the 2009 434 2010 school year for schools comprised of high school grades 9, 435 10, 11, and 12, or grades 10, 11, and 12, the criteria for 436 school grades must also give added weight to the graduation rate 437 of all eligible at-risk students, as defined in this paragraph. 438 Beginning in the 2009-2010 school year, in order for a high 439 school to be designated as having a grade of “A,” making 440 excellent progress, the school must demonstrate that at-risk 441 students, as defined in this paragraph, in the school are making 442 adequate progress. 443 Section 6. This act shall take effect July 1, 2010.