February 22, 2010. Politicians and (toxic, dead) iguanas; Class Size Amendment passes Senate & House Committees; Civics Education, High School Grad Requirements bills pass House Committee; Countdown to March 2.
Interim Committee Meetings— Week of February 15, 2010
When we compile our Legislative Updates, there is more-often-than-not a challenge laid down by one of the office muses. Usually it is a word or phrase followed by the dare: “Try to work THIS one into the Update!” The results of these dares have been some pretty quirky themes for opening paragraphs. This week the challenge was an obscure headline — Dead iguanas may prove fatal to dogs, vets warn. Undaunted, the challenge was accepted.
It turns out that live iguanas are a lot like politicians. According to Wikipedia, these popular pets are “not easy to care for … very expensive to care for” and “adult iguanas are powerful and can become very aggressive, and are capable of causing scars from either biting or a lash from their spiked tail.”
You probably have heard us say that FEA has politically moderate friends in the Florida Senate. Those friends have waded through a swarm of scaly reptiles to stop some of the most egregious legislation that had been making its way through the state legislature. But the session that is now just days away is going to be very different. There’s a new breed of angry and aggressive lizards lumbering around the state, making their way to Tallahassee. The struggle for power and control of the Republican nominations and this state is in full swing…and the elections are still a long way off.
What about those toxic dead iguanas? Turns out that Florida’s cold snap killed off quite a few iguanas in the Miami area. And dogs being dogs chewed on the disgusting carcasses — which it is speculated contained botulism… and working that into this Update would probably take us places we shouldn’t go!
Here’s what happened in the Legislature this past week:
Senate and House Education committees pass new Class Size Amendment
Last week a bill that would put a Constitutional amendment on the November 2010 ballot to revise the class size reduction provision passed House and Senate education committees. The bill would require that schools only have to meet the school-wide average, not the per classroom caps.
The bill—SJR 2 in the Senate and HJR 7039 in the House — would require three-fifths of the legislature to vote in favor of it to make the November 2010 general election ballot. In order to pass in November, it would then need 60 percent voter approval. Both bills passed their committees along party lines, with Democrats voting against the measure.
SJR 2 has 19 Senate sponsors which include two Democrats: Senators Jeremy Ring (Margate) and Gary Siplin (Orlando). The House version is a ‘committee’ bill which means it is a product of a committee rather than an individual legislator. SJR 2 will now make its way to the Senate Ways and Means committee. The House version —HJR 7039 — has not yet been assigned to additional committees.
The Senate Committee rushed through discussion of the bill citing time constraints as the reason FEA’s remarks had to be cut short. But the House Education Committee allowed Tallahassee attorney Ron Meyer to speak at length on behalf of FEA’s opposition to the bill…leaving the committee members befuddled and in shocked silence. Their talking points were not written to dispute Meyer’s reasoned and thorough argument. In fact one audience member proudly quipped, “THAT’s why I hired him as MY attorney!” Soon committee staff bustled into the room whispering in Republican committee members’ ears to remind them to stay on message – and also warning them that this wily attorney might be setting them up to blurt out statements that could be used against them in the education funding adequacy lawsuits!
Meyer cautioned legislators that they “should be honest with the public that we’re stepping back from the final implementation of class size.”
The bill supporters contend that the provision, as it stands now, will throw schools into chaos if a “19thFlorida Supreme Court rulings…dismantling their argument word by word. Meyer pointed out that nothing in the current constitutional provision requires school districts to break-up classrooms mid-year. Rather, the punitive nature and inflexibility lie in the statutory language adopted by the Bush led legislature. Statutes can be fixed by the legislature simply passing a bill during session – without voter approval or the expense and uncertainty of a general election. child” enters the classroom anytime during the school year. They argue that this additional child would cause a domino effect breaking up classrooms and other horror stories. Meyer disputed that claim, citing
Meyers stated that the proponents of the original Class Size Reduction amendment had submitted to the court that their citizens’ amendment only addressed the legislature’s responsibility to adequately fund school districts, placing the obligation to ensure compliance on the legislature, not on local school districts. The Court agreed.
Under current law, classes are capped at 18 students for kindergarten through third grade, 22 in fourth through eighth grade, and 25 in high school.
The capping was phased in so that in the current year, schools must be under the cap at the school-wide level. But at the start of the 2010-2011 school year, the caps are applied to individual classrooms, something that many school administrators and the Department of Education say will be problematic.
You can listen to a podcast of this committee meeting by visiting http://www.myfloridahouse.com/Sections/PodCasts/PodCasts.aspx – go to February 17 meetings and click on Education Policy Council.
Civics Bill passes House Committee
Last week House committee members passed HB 105 Civics Education bill. The Senate version SB 1096 is also moving through the process.
Current law requires middle school students to successfully complete three middle school or higher courses in social studies in order to be promoted. One semester of the three social studies courses must include the study of state and federal government and civics education. HB 105 creates the “Justice Sandra Day O’Connor Civics Education Act” and adds the following requirements for civics education:
· For all grade levels beginning with the 2011-2012 school year, the bill would require the reading portion of the language arts curriculum within the Sunshine State Standards to include civics education content.
· For students entering grade 6 beginning with the 2012-2013 school year, the CS requires the successful completion of a one-semester civics education course in order to be promoted from a school composed of grades 6,7, and 8. The one-semester civics education course is to be designated as one of the three middle school social studies courses currently required for promotion.
· The middle school civics education course must address the roles and responsibilities of federal, state, and local governments; the structures and functions of the legislative, executive, and judicial branches of government; and the meaning and significance of historic documents, such as the Articles of Confederation, Declaration of Independence, and Constitution of the United States.
· During the 2012-2013 school year, a statewide, standardized end-of-course assessment in civics education would be administered as a field test at the middle school level. During the 2013-2014 school year, each student’s performance on the end-of-course assessment in civics education would constitute 30 percent of the student’s final course grade.
· Beginning with the 2014-2015 school year, a student must earn a passing score on the end-of-course assessment in civics education in order to pass the course and receive course credit.
HB 105 includes the end-of-course assessment in civics education at the middle school level as a factor in designating a school’s grade beginning in the 2013-2014 school year.
To meet the requirements of HB 105, DOE would be required to either develop a new civics end-of-course assessment or purchase an existing civics end-of-course assessment. Based on previous experience, statewide end-of-course assessments developed by the Department are more cost efficient.
The costs to develop an end-of-course assessment would be staggered across several years. Generally, the estimated fiscal impact at the state-level for adding one examination, in one grade and subject, administered to all students, is approximately $1,500,000 each year once fully implemented.
High School Graduation Requirements bill passes House Education committee
The House preK-12 Education Committee heard a proposed committee bill PCB 10-01 which will change high school graduation requirements. The bill passed the committee on a vote of 13 to 1.
The bill has been bouncing around the House committee since last session as legislators have been attempting to create a bi-partisan proposal. Democrats are attempting to get rid of the FCAT and replace it with end of course (EOC) exams. The bill will soon be re-numbered and assigned to additional committees. The bill will:
· Require geometry and Algebra II as two of four mathematics credits.
· Require Biology I and chemistry or physics as two of the three science credits.
· Increase the required mathematics credits from 3 to 4 for students selecting the accelerated college preparatory or the career preparatory graduation options. (Elective credits are reduced.)
· Require high schools to provide acceleration courses (e.g., IB, AICE, AP, dual enrollment, and industry certification courses) and to advise students of such acceleration courses.
· Require an EOC assessment in Algebra I. Passage of the EOC is required to pass the course and earn course credit.
· Require an EOC assessment in geometry. Passage of the EOC is required to pass the course and earn course credit.
· Eliminate grade 9 and grade 10 FCAT Mathematics.
· Require an EOC assessment in Biology I. Passage of the EOC is required to pass the course and earn course credit.
· Eliminate FCAT Science at the high school level.
· Direct the Commissioner of Education to develop an implementation schedule for the development and administration of additional EOC assessments in English/Language Arts II, Algebra II, chemistry, physics, Earth/Space science, United States history, and world history, subject to funding availability.
· The student’s performance on these statewide, standardized EOC assessments must constitute at least 30 percent of a student’s course grade.
· Authorize the use of equivalent scores for EOC assessments.
· Authorize a district school board to allow a high school student who fails to pass an EOC assessment to receive a grade of “I” in the course until the next administration of the EOC assessment.
· Require the State Board of Education to establish two cut scores for EOC assessments: passing scores and scores indicating high achievement and potential to meet college-readiness standards.
· Define achievement levels 1 through 5.
· Eliminate requirements for revised FCAT Writing beginning with the 2012-2013 school year.
· FCAT Writing will continue to be administered at least once at the elementary, middle, and high school levels as provided in current law.
· Revise testing schedules for EOC assessments.
Jobs Bill on Leave – for now
The Senate jobs bill SB 1752 sponsored by Sen. Don Gaetz (R-Niceville) has been temporarily pulled from consideration to undergo fiscal analysis to determine what impact the bill’s tax breaks would have on state revenue. The proposal was scheduled to be heard in the Senate Policy and Steering Committee on Ways and Means, but was temporarily postponed. FEA has voiced concerns with a provision in the bill which would allow FRS funds to be used to fund small business loans.
No significant tax relief from Sales Tax Holiday bills.
We’ve always thought these feel good back-to-school sales tax holiday proposals were silly but the legislature seems to be compelled to pass them. Now the non-partisan Tax Foundation has declared that the proposals produce minimal tax relief. Their report stated, “Sales tax holidays are politically popular and allow lawmakers to claim they’re cutting taxes and boosting sales, when in reality, the minimal tax relief is only temporary, and purchases are simply shifted from other times of the year.”
2010 Session- the countdown begins
We have a break from legislative meetings this week – but they will be back in full force next Tuesday, March 2 and we’ll be launched into the 2010 Legislative Session for 60 days…
We’ll be there, reporting each week’s events via the FEA Frontline Report each Friday evening. Be sure to sign up for Action Alerts through Pump Up the Volume which can be found on FEAweb.org
As always – if you have questions or would like more information, please email or call the FEA Public Policy Advocacy staff at 850.224.2078.