Florida 2022 2022 Regular Session

Florida Senate Bill S0318 Analysis / Analysis

Filed 11/02/2021

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Education  
 
BILL: SB 318 
INTRODUCER:  Senator Rouson 
SUBJECT:  Florida Seal of Fine Arts Program 
DATE: November 2, 2021 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Sagues Bouck ED Favorable 
2.     AED   
3.     AP  
 
I. Summary: 
SB 318 establishes the Florida Seal of Fine Arts Program to recognize high school graduates 
who have attained a high level of skill in fine arts coursework. The bill specifies that beginning 
in the 2022-2023 school year, the Florida Seal of Fine Arts must be awarded to a high school 
graduate who completes at least three year-long courses or earns three sequential course credits 
in dance, music, theater, or the visual arts with a grade of “A” or higher in each course and meets 
a minimum of two of the following: 
 Successfully completes a fine arts International Baccalaureate, Advanced Placement, dual 
enrollment, or honors course in dance, music, theater, or the visual arts with a grade of “B” 
or higher. 
 Participates in a district or statewide organization juried event as a selected student 
participant for two or more years. 
 Records at least 25 volunteer hours of arts-related community service and presents a 
comprehensive presentation on his or her experience. 
 Meets the requirements of a portfolio-based program identifying the student as an exemplary 
practitioner of the fine arts. 
 Receives district, state, or national recognition for the creation and submission on an original 
work of art or performance. 
 
The bill also authorizes the State Board of Education to establish additional criteria for the award 
of the Seal of Fine Arts and adopt rules, and specifies requirements for the Commissioner of 
Education and school districts to implement the program. 
 
The fiscal impact of the bill is indeterminate. See Section V.  
 
The bill takes effect on July 1, 2022. 
REVISED:   BILL: SB 318   	Page 2 
 
II. Present Situation: 
Art education refers to learning, instruction and programming based upon the visual and tangible 
arts. Art education includes performing arts like dance, music, theater, and visual arts like 
drawing, painting, sculpture, and design works. Design works include design in jewelry, pottery, 
weaving and fabrics. Art education can also include commercial graphics, photography, video, 
film, and design. Art education instruction is provided through a standards-based, sequential 
approach by a qualified instructor as part of the core curriculum.
1
 
 
The Arts Industry 
Nationally, the nonprofit arts industry generated $166.3 billion of economic activity during fiscal 
year 2015: 
 $63.8 billion by the nation's nonprofit arts and culture organizations; and 
 $102.5 billion in event-related expenditures by their audiences.
2
 
 
This economic activity supported 4.6 million full-time jobs and generated $27.5 billion in 
revenue to local, state, and federal governments.
3
 
 
Florida's arts and cultural industry generated $4.68 billion total economic activity during fiscal 
year 2015. This includes $2.29 billion by nonprofit arts and culture organizations and an 
additional $2.39 billion in event-related spending by their audiences. This economic activity 
supports 132,366 full-time jobs, generates $3.35 billion in household income to local residents, 
and delivers $492.3 million in local and state government revenue.
4
 
 
The Arts and Florida Students 
Florida brings the arts to students in a variety of ways; from promoting nationally recognized 
Arts Education Month
5
 to enacting arts-related legislation such as: 
 Requiring each school board to provide courses and instruction in the arts for all students, 
and requiring students to take one credit in fine or performing arts, speech and debate, or 
practical arts to meet graduation requirements.
6
 
 Establishing the annual art in the capitol competition as a statewide visual arts competition 
for all public, private, and home education students in grades six through eight.
7
 
 Requiring the Commissioner of Education to annually prepare and post a fine arts report that 
includes: 
o Students access to and participation in fine arts courses, including visual arts, music, 
dance, and theatre courses;  
                                                
1
 US Legal, Art Education Law and Legal Definition, https://definitions.uslegal.com/a/art-education/ (last visited 
Oct. 25, 2022). 
2
 Florida Department of State, Arts and Economic Prosperity 5 (2017), available at 
https://ia800603.us.archive.org/13/items/ArtsEconomicProsperityFL/ArtsEconomicProsperityFL.pdf, at 1. 
3
 Id.  
4
 Id. at 3. 
5
 Florida Department of Education (FDOE), Memorandum, Arts Education Month (2021), available at 
https://info.fldoe.org/docushare/dsweb/Get/Document-9079/dps-2021-13.pdf 
6
 See ss. 1003.42(1) and 1003.4282(3)(e), F.S. 
7
 Section 1003.49965(1) and (2), F.S.  BILL: SB 318   	Page 3 
 
o The number and certification status of educators providing instruction in fine arts 
courses;  
o Educational facilities designed and classroom space equipped for fine arts instruction; 
and  
o The manner in which schools are providing the core curricular content for fine arts 
established in the Sunshine State Standards.
8
 
 
During the 2020-2021 school year, as included in the fine arts report, all school districts offered 
courses and 54.3 percent of students enrolled in arts courses, with: 
 Visual arts comprising 42.3 percent of overall arts enrollment; 
 Music comprising 41.6 percent of overall arts enrollment; 
 Theatre comprising 2.2 percent of overall arts enrollment; and 
 Dance comprising 1.9 percent of overall arts enrollment.
9
 
 
Diploma Designations and Seals 
Students meeting specific requirements for graduation and demonstrating exemplary 
performance may be awarded recognition upon graduation. One way this is accomplished is 
through special diploma designations and seal programs established at the state or local level. 
For example, Arizona
10
 offers diploma seals in the areas of biliteracy, civic literacy, personal 
finance, and arts proficiency.
11
 Ohio
12
 and Georgia
13
 also offer diploma seal recognitions for 
students excelling in the arts. 
 
Florida currently offers three diploma recognitions: the Scholar Diploma Designation; the Merit 
Diploma Designation;
14
 and the Seal of Biliteracy.
15
  
  
Florida Scholar Diploma Designation 
In addition to meeting the 24-credit standard high school diploma requirements, a student must 
meet all of the following requirements to earn the Scholar Diploma Designation:  
 Earn one credit in Algebra 2 or an equally rigorous course. 
 Pass the Geometry End of Course Exam (EOC). 
 Earn one credit in Statistics or an equally rigorous mathematics course. 
 Pass the Biology 1 EOC. 
                                                
8
 Section 1003.4995, F.S. 
9
 FDOE, Florida Fine Arts Report, Florida PK-20 Education Information Portal (EDStats), 
http://www.fldoe.org/academics/standards/subject-areas/fine-arts/(last visited Oct. 25, 2021). 
10
 Arizona Department of Education, Diploma Seals, https://www.azed.gov/standards-practices/welcome-diploma-seals (last 
visited Oct. 25, 2021). 
11
 Arizona Department of Education, Arizona State Seal of Arts Proficiency https://www.azed.gov/artseducation/arizona-
state-seal-of-arts-proficiency/ (last visited Oct. 25, 2021). 
12
 Ohio Department of Education, Arts Honors Diploma http://education.ohio.gov/Topics/Ohio-s-Graduation-
Requirements/Honors-Diplomas/Arts-Honors-Diploma (last visited Oct. 25, 2021). 
13
 Georgia Department of Education, Fine Arts https://www.gadoe.org/Curriculum-Instruction-and-Assessment/Curriculum-
and-Instruction/Pages/Fine-Arts.aspx (last visited Oct. 25, 2021). 
14
 Section 1003.4285(a) and (b), F.S. 
15 
Section 1003.432, F.S. Currently, 44 states and Washington D.C. have approved a biliteracy program. Seal of Biliteracy, 
Frequently Asked Questions, https://sealofbiliteracy.org/faq/ (last visited Oct. 25, 2021).  BILL: SB 318   	Page 4 
 
 Earn one credit in Chemistry or Physics. 
 Earn one credit in a course equally rigorous to Chemistry or Physics. 
 Pass the U.S. History EOC. 
 Earn two credits in the same (foreign) World Language. 
 Earn at least one credit in an Advanced Placement, International Baccalaureate, Advanced 
International Certificate of Education, or a dual enrollment course.
16
 
 
Florida Merit Diploma Designation 
In addition to meeting the 24-credit standard high school diploma requirements, a student must 
attain one or more qualified industry certifications to earn the Merit Diploma Designation.
17
 
 
During the 2019-2020 school year 20,002 students earned the Scholar Diploma Designation, 
20,307 earned the Merit Diploma Designation and 13,710 earned both the Scholar and Merit 
Diploma Designation.
18
 
 
Florida Seal of Biliteracy Program 
The Florida Legislature authorized the Florida Seal of Biliteracy Program (biliteracy program) in 
2016. The biliteracy program recognizes high school graduates who attain a high level of 
competency in listening, speaking, reading, and writing in one or more foreign languages in 
addition to English, and offers two seals: gold and silver.
19
 
 
To earn the gold or silver seal of biliteracy, a Florida high school student who has earned a 
standard high school diploma must:
20
 
 Earn four foreign language course credits in the same foreign language with a cumulative 3.0 
GPA or higher; 
 Achieve a qualifying scores on a foreign language assessment with the gold seal requiring 
higher qualifying scores; or  
 Satisfy alternative requirements as determined by the State Board of Education.
21
 
 
During the 2019-2020 school year 7,806 students earned the Gold Seal of Biliteracy, 1,720 
students earned the Silver Seal of Biliteracy, and 2,824 students earned both the Gold Seal and 
Silver Seal of Biliteracy.
22
  
                                                
16
 FDOE, Standard Diploma Requirements (2020), available at 
https://www.fldoe.org/core/fileparse.php/7764/urlt/StandardDiplomaRequirements.pdf. 
17
 Id. 
18
 Email from Jessica Fowler, Deputy Legislative Affairs Director, FDOE (March 25, 2021) (on file with Senate Committee 
on Education). 
19
 FDOE, World Language (Foreign Languages) http://www.fldoe.org/academics/eng-language-learners/world-languages-
foreign-languages.stml (last visited Oct. 25, 2021). 
20
 Section 1003.432(4), F.S. 
21
 Rule 6A-1.09951, F.A.C. 
22
 Email from Jessica Fowler, Deputy Legislative Affairs Director, FDOE (March 25, 2021) (on file with Senate Committee 
on Education).  BILL: SB 318   	Page 5 
 
III. Effect of Proposed Changes: 
The bill creates s. 1003.4321, F.S., to establish the Florida Seal of Fine Arts Program (Seal of 
Fine Arts) to recognize high school graduates who have attained a high level of skill in fine arts 
coursework. The purpose of the Seal of Fine Arts is to encourage students to develop expertise in 
the performing or visual arts. 
 
The bill specifies that beginning in the 2022-2023 school year, the Seal of Fine Arts must be 
awarded to a high school graduate who completes three year-long courses or earns three 
sequential course credits in dance, music, theater, or the visual arts with a grade of “A” or higher 
in each course and meets a minimum of two of the following: 
 Successfully completes a fine arts International Baccalaureate, Advanced Placement, dual 
enrollment, or honors course in dance, music, theater, or the visual arts with a grade of “B” 
or higher. 
 Participates in a district or statewide organization juried event as a selected student 
participant for two or more years. 
 Records at least 25 volunteer hours of arts-related community service and presents a 
comprehensive presentation on his or her experience. 
 Meets the requirements of a portfolio-based program identifying the student as an exemplary 
practitioner of the fine arts. 
 Receives district, state, or national recognition for the creation and submission on an original 
work of art or performance. 
 
The bill also includes a number of provisions required to implement the program, including: 
 Requiring the Commissioner of Education (commissioner) to prepare and provide to each 
school district the Seal of Fine Arts and provide appropriate benchmarks in rubric form 
necessary for a school district to implement the program.  
 Requiring each school district to maintain appropriate records, provide the commissioner 
with required information, affix the appropriate insignia to the student’s diploma and indicate 
on the student’s transcript that the student has earned the Seal of Fine Arts. 
 Authorizing the State Board of Education to establish additional criteria for the award of the 
Seal of Fine Arts and adopt rules to implement the program.  
 
The bill specifies that neither the school district nor the Department of Education may charge a 
fee for the Seal of Fine Arts. 
 
The establishment of the Seal of Fine Arts may encourage more high school students to build 
expertise in the arts, earn recognition, and follow art-related career paths. 
 
The bill takes effect on July 1, 2022. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None.  BILL: SB 318   	Page 6 
 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
None. 
C. Government Sector Impact: 
The Department of Education may incur costs associated with creating the seal for the 
Seal of Fine Arts Program. Because the number of students who will qualify for a Seal of 
Fine Arts cannot be determined, the fiscal impact of the bill is indeterminate, but likely 
insignificant. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill creates section 1003.4321 of the Florida Statutes.  BILL: SB 318   	Page 7 
 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.