CS for CS for SB 1108 First Engrossed
1 A bill to be entitled
2 An act relating to education; amending s. 1001.23,
3 F.S.; authorizing the Department of Education to hold
4 patents, copyrights, trademarks, and service marks;
5 authorizing the department to take specified actions
6 to enforce its rights under certain circumstances;
7 requiring the department to notify the Department of
8 State in writing when property rights by patent,
9 copyright, trademark, or service marks are secured by
10 the department; requiring, except for educational
11 materials and products, any proceeds received by the
12 department from the exercise of its rights to be
13 deposited in the department’s Operating Trust Fund;
14 creating s. 1002.334, F.S.; establishing the
15 Innovative Blended Learning and Real-Time Student
16 Assessment Pilot Program within the department;
17 providing the purpose of the program; defining the
18 term “innovative blended learning”; specifying program
19 eligibility; requiring program applicants to submit
20 applications to the department in a format prescribed
21 by the department; requiring program applications to
22 include specified information; requiring applications
23 to be considered only for synchronous innovative
24 blended learning programs; requiring the Commissioner
25 of Education to select applicants to participate in
26 the program; providing a start date for the program;
27 providing for funding; authorizing the commissioner to
28 remove an approved applicant from the program under
29 certain circumstances; providing for future
30 expiration; amending s. 1003.4282, F.S.; deleting
31 obsolete language; requiring certain students to take
32 a specified assessment relating to civic literacy;
33 providing that such assessment meets certain
34 postsecondary requirements under specified
35 circumstances; conforming a cross-reference; amending
36 s. 1003.4996, F.S.; extending the timeframe for the
37 Competency-Based Education Pilot Program; amending s.
38 1007.25, F.S.; requiring certain postsecondary
39 students to complete a civic literacy course and pass
40 a specified assessment to demonstrate competency in
41 civic literacy; authorizing students to meet the
42 assessment requirements in high school; providing for
43 rulemaking; authorizing the development of new civic
44 literacy courses; providing requirements for such
45 courses; amending s. 1008.212, F.S.; conforming cross
46 references; amending s. 1008.22, F.S.; revising the
47 purpose of the assessment program; deleting obsolete
48 language; requiring that certain assessments be given
49 in a paper-based format; requiring school districts to
50 provide the SAT or ACT to grade 11 students beginning
51 in a specified school year; requiring school districts
52 to choose which assessment to administer; deleting
53 specified reporting requirements; deleting a
54 requirement that the Commissioner of Education
55 maintain a specified item bank; deleting specified
56 requirements for the date of the administration of
57 specified assessments; revising a deadline for the
58 publication of certain assessments; conforming
59 provisions to changes made by the act; amending s.
60 1008.24, F.S.; revising the tests that are included
61 under test administration and security rules; amending
62 ss. 1008.34 and 1008.3415, F.S.; conforming cross
63 references; amending s. 1009.286, F.S.; providing an
64 additional exception to credit hours used when
65 calculating baccalaureate degrees; providing an
66 effective date.
68 Be It Enacted by the Legislature of the State of Florida:
70 Section 1. Subsection (5) is added to section 1001.23,
71 Florida Statutes, to read:
72 1001.23 Specific powers and duties of the Department of
73 Education.—In addition to all other duties assigned to it by law
74 or by rule of the State Board of Education, the department
76 (5) Notwithstanding the provisions of chapter 286, have the
77 authority to hold patents, copyrights, trademarks, and service
78 marks. The department may take any action necessary to enforce
79 its rights with respect to such patents, copyrights, trademarks,
80 and service marks or enter into a transaction to sell, lease,
81 license, or transfer such rights for monetary gain or other
82 consideration at the discretion of the department. The
83 department shall notify the Department of State in writing when
84 property rights by patent, copyright, trademark, or service
85 marks are secured by the department. Except for educational
86 materials and products, any proceeds received by the department
87 from the exercise of such rights shall be deposited in the
88 department’s Operating Trust Fund.
89 Section 2. Section 1002.334, Florida Statutes, is created
90 to read:
91 1002.334 Innovative Blended Learning and Real-Time Student
92 Assessment Pilot Program.—
93 (1) There is created within the Department of Education the
94 Innovative Blended Learning and Real-Time Student Assessment
95 Pilot Program. The purpose of the program is to develop and
96 measure innovative blended learning and real-time weekly student
97 assessment educational models that improve the educational
98 progress of this state’s students and help close achievement
99 gaps for this state’s traditionally underserved students.
100 (2) As used in this section, the term “innovative blended
101 learning” means:
102 (a) A mode of learning where in-person and remote students
103 are combined in one classroom environment where the education,
104 instruction, and engagement occurs at the same time with the
105 teacher and other students physically present in the classroom;
107 (b) For a given course, students learn in part through
108 online delivery of content and instruction with some element of
109 student control over time, place, path, or pace and in part at a
110 traditional supervised classroom location away from home.
111 (3) To be eligible to work with the program, an applicant
112 must be:
113 (a) A high-performing charter school under s. 1002.331;
114 (b) A high-performing charter school system under s.
115 1002.332; or
116 (c) An academically high-performing school district
117 pursuant to s. 1003.621.
118 (4) A program applicant must submit an application to the
119 department in a format prescribed by the department. The
120 application must include all of the following:
121 (a) A plan for the synchronous technological and resource
122 design, curriculum, classroom operation, school or district
123 management, privacy protection and teacher professional
124 development, and at least weekly progress monitoring of real
125 time student performance in innovative blended learning
127 (b) A plan to reduce achievement gaps through innovative
128 blended learning.
129 (c) A requirement that distance learning will always be at
130 the choosing of the student or the student’s parent or guardian
131 and that a family will never be coerced to choose distance
133 (d) A requirement that a participating classroom may not be
134 fully virtual such that at least two-thirds of the students in a
135 class must be present for in-person learning on any regularly
136 scheduled school day.
137 (e) A requirement that any struggling student who is
138 participating in this program and who, according to progress
139 monitoring data, is on pace to learn less than a year’s content
140 in a year’s time must return to learning in person.
141 (f) A requirement that any student can choose to switch
142 learning modalities, in person or distance, on any given day,
143 without notice and therefore a seat must always be available for
144 every student registered to take any participating course.
145 (g) A requirement that the applicant provide all requested
146 student-level data from participating schools, including, as
147 necessary, benchmark historical data for up to the prior 3
148 school years, to the department upon request.
149 (5) Applications may be considered only for synchronous
150 innovative blended learning programs.
151 (6) The Commissioner of Education shall select applicants
152 to participate in the program.
153 (7) Districts and schools may not begin approved
154 synchronous innovative blended learning programs until October
155 1, 2021.
156 (8)(a) Applicants approved by the commissioner shall
157 receive funding based upon the number of full-time equivalent
158 students being educated under the pilot program, as if each
159 student were being educated full-time in person at his or her
160 respective school.
161 (b) The commissioner may remove an approved applicant from
162 program participation if the applicant fails to maintain the
163 designations listed in subsection (3) or the applicant fails to
164 meet any of the requirements listed in subsection (4).
165 (9) This section expires July 1, 2024.
166 Section 3. Paragraphs (a) and (d) of subsection (3),
167 subsection (7), and paragraph (e) of subsection (10) of section
168 1003.4282, Florida Statutes, are amended to read:
169 1003.4282 Requirements for a standard high school diploma.—
170 (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT
172 (a) Four credits in English Language Arts (ELA).—The four
173 credits must be in ELA I, II, III, and IV. A student must pass
174 the statewide, standardized grade 10
Reading assessment or, when
175 implemented, the grade 10 ELA assessment, or earn a concordant
176 score, in order to earn a standard high school diploma.
177 (d) Three credits in social studies.—A student must earn
178 one credit in United States History; one credit in World
179 History; one-half credit in economics; and one-half credit in
180 United States Government. The United States History EOC
181 assessment constitutes 30 percent of the student’s final course
182 grade. Beginning with the 2021-2022 school year, students taking
183 the United States Government course are required to take the
184 assessment of civic literacy identified by the State Board of
185 Education pursuant to s. 1007.25(4). Students earning a passing
186 score on the assessment are exempt from the postsecondary civic
187 literacy assessment required by s. 1007.25(4).
188 (7) UNIFORM TRANSFER OF HIGH SCHOOL CREDITS.—Beginning with
189 the 2012-2013 school year, if a student transfers to a Florida
190 public high school from out of country, out of state, a private
191 school, or a home education program and the student’s transcript
192 shows a credit in Algebra I, the student must pass the
193 statewide, standardized Algebra I EOC assessment in order to
194 earn a standard high school diploma unless the student earned a
195 comparative score, passed a statewide assessment in Algebra I
196 administered by the transferring entity, or passed the statewide
197 mathematics assessment the transferring entity uses to satisfy
198 the requirements of the Elementary and Secondary Education Act,
199 as amended by the Every Student Succeeds Act (ESSA), 20 U.S.C.
200 ss. 6301 et seq. If a student’s transcript shows a credit in
201 high school reading or English Language Arts II or III, in order
202 to earn a standard high school diploma, the student must take
203 and pass the statewide, standardized grade 10 Reading assessment
204 or, when implemented, the grade 10 ELA assessment, or earn a
205 concordant score. If a transfer student’s transcript shows a
206 final course grade and course credit in Algebra I, Geometry,
207 Biology I, or United States History, the transferring course
208 final grade and credit shall be honored without the student
209 taking the requisite statewide, standardized EOC assessment and
210 without the assessment results constituting 30 percent of the
211 student’s final course grade.
212 (10) STUDENTS WITH DISABILITIES.—Beginning with students
213 entering grade 9 in the 2014-2015 school year, this subsection
214 applies to a student with a disability.
215 (e) Any waiver of the statewide, standardized assessment
216 requirements by the individual education plan team, pursuant to
217 s. 1008.22(3)(d) s. 1008.22(3)(c), must be approved by the
218 parent and is subject to verification for appropriateness by an
219 independent reviewer selected by the parent as provided for in
220 s. 1003.572.
222 The State Board of Education shall adopt rules under ss.
223 120.536(1) and 120.54 to implement this subsection, including
224 rules that establish the minimum requirements for students
225 described in this subsection to earn a standard high school
226 diploma. The State Board of Education shall adopt emergency
227 rules pursuant to ss. 120.536(1) and 120.54.
228 Section 4. Section 1003.4996, Florida Statutes, is amended
229 to read:
230 1003.4996 Competency-Based Education Pilot Program.
231 Beginning with the 2016-2017 school year, the Competency-Based
232 Education Pilot Program is created within the Department of
233 Education to be administered for a period of 7 5 years. The
234 purpose of the pilot program is to provide an educational
235 environment that allows students to advance to higher levels of
236 learning upon the mastery of concepts and skills through
237 statutory exemptions relating to student progression and the
238 awarding of credits.
239 (1) PARTICIPATION.—The P.K. Yonge Developmental Research
240 School and the Lake, Palm Beach, Pinellas, and Seminole County
241 School Districts may submit an application in a format
242 prescribed by the department to participate in the pilot
244 (2) APPLICATION.—The application to participate in the
245 pilot program must, at a minimum, include:
246 (a) The vision and timelines for the implementation of
247 competency-based education within the school district, including
248 a list of the schools that will participate in the pilot program
249 during the first school year and the list of schools that will
250 be integrated into the program in subsequent school years.
251 (b) The annual goals and performance outcomes for
252 participating schools, including, but not limited to:
253 1. Student performance as defined in s. 1008.34.
254 2. Promotion and retention rates.
255 3. Graduation rates.
256 4. Indicators of college and career readiness.
257 (c) A communication plan for parents and other
258 stakeholders, including local businesses and community members.
259 (d) The scope of and timelines for professional development
260 for school instructional and administrative personnel.
261 (e) A plan for student progression based on the mastery of
262 content, including mechanisms that determine and ensure that a
263 student has satisfied the requirements for grade-level promotion
264 and content mastery.
265 (f) A plan for using technology and digital and blended
266 learning to enhance student achievement and facilitate the
267 competency-based education system.
268 (g) The proposed allocation of resources for the pilot
269 program at the school and district levels.
270 (h) The recruitment and selection of participating schools.
271 (i) The rules to be waived for participating schools
272 pursuant to subsection (3) to implement the pilot program.
273 (3) EXEMPTION FROM RULES.—In addition to the waivers
274 authorized in s. 1001.10(3), the State Board of Education may
275 authorize the commissioner to grant an additional waiver of
276 rules relating to student progression and the awarding of
278 (4) STUDENT FUNDING.—Students enrolled in a participating
279 school shall be reported for and generate funding pursuant to s.
281 (5) DEPARTMENT DUTIES.—The department shall:
282 (a) Compile the student and staff schedules of
283 participating schools before and after implementation of the
284 pilot program.
285 (b) Provide participating schools with access to statewide,
286 standardized assessments required under s. 1008.22.
287 (c) Annually, by June 1, provide to the Governor, the
288 President of the Senate, and the Speaker of the House of
289 Representatives a report summarizing the activities and
290 accomplishments of the pilot program and any recommendations for
291 statutory revisions.
292 (6) RULES.—The State Board of Education shall adopt rules
293 to administer this section.
294 Section 5. Subsection (4) of section 1007.25, Florida
295 Statutes, is amended to read:
296 1007.25 General education courses; common prerequisites;
297 other degree requirements.—
298 (4)(a) Beginning with students initially entering a Florida
299 College System institution or state university in the 2018-2019
300 school year and thereafter, each student must demonstrate
301 competency in civic literacy. Students must have the option to
302 demonstrate competency either through successful completion of a
303 civic literacy course or by achieving a passing score on an
304 assessment. The State Board of Education must adopt in rule and
305 the Board of Governors must adopt in regulation at least one
306 existing assessment that measures competencies consistent with
307 the required course competencies outlined in subparagraph (b)2
308 paragraph (b).
309 (b) Beginning with students initially entering a Florida
310 College System institution or state university in the 2021-2022
311 school year and thereafter, each student must demonstrate
312 competency in civic literacy by achieving a passing score on an
313 assessment and by successfully completing a civic literacy
314 course. Credits earned for such courses via articulated
315 acceleration mechanisms in s. 1007.27 will count toward the
316 civic literacy competency requirement. The State Board of
317 Education and the Board of Governors shall adopt by rule and
318 regulation, respectively, approved assessments that address the
319 competencies in subparagraph 2. and courses that meet the
320 requirements in subparagraph 1. The chair of the State Board of
321 Education and the chair of the Board of Governors, or their
322 respective designees, shall jointly appoint a faculty committee
324 1. (a) Develop one or more a new courses course in civic
325 literacy or revise an existing general education core course in
326 American History or American Government to include, at a
327 minimum, opportunities to engage synchronously in political
328 discussions and civil debates with multiple points of view and
329 to master the ability to synthesize information that informs
330 civic decisionmaking civic literacy.
331 2. (b) Establish course competencies and identify outcomes
332 that include, at a minimum, an understanding of the basic
333 principles of American democracy and how they are applied in our
334 republican form of government, an understanding of the United
335 States Constitution, knowledge of the founding documents and how
336 they have shaped the nature and functions of our institutions of
337 self-governance, and an understanding of landmark Supreme Court
338 cases and their impact on law and society.
339 Section 6. Paragraph (a) of subsection (1) and subsection
340 (2) of section 1008.212, Florida Statutes, are amended to read:
341 1008.212 Students with disabilities; extraordinary
343 (1) As used in this section, the term:
344 (a) “Circumstance” means a situation in which
345 accommodations allowable for use on the statewide standardized
346 assessment, a statewide standardized end-of-course assessment,
347 or an alternate assessment pursuant to s. 1008.22(3)(d) s.
348 1008.22(3)(c) are not offered to a student during the current
349 year’s assessment administration due to technological
350 limitations in the testing administration program which lead to
351 results that reflect the student’s impaired sensory, manual, or
352 speaking skills rather than the student’s achievement of the
353 benchmarks assessed by the statewide standardized assessment, a
354 statewide standardized end-of-course assessment, or an alternate
356 (2) A student with a disability for whom the individual
357 education plan (IEP) team determines is prevented by a
358 circumstance or condition from physically demonstrating the
359 mastery of skills that have been acquired and are measured by
360 the statewide standardized assessment, a statewide standardized
361 end-of-course assessment, or an alternate assessment pursuant to
362 s. 1008.22(3)(d) s. 1008.22(3)(c) shall be granted an
363 extraordinary exemption from the administration of the
364 assessment. A learning, emotional, behavioral, or significant
365 cognitive disability, or the receipt of services through the
366 homebound or hospitalized program in accordance with rule 6A
367 6.03020, Florida Administrative Code, is not, in and of itself,
368 an adequate criterion for the granting of an extraordinary
370 Section 7. Present paragraph (c) of subsection (3) of
371 section 1008.22, Florida Statutes, is redesignated as paragraph
372 (d), a new paragraph (c) is added to that subsection, and
373 paragraph (a) of subsection (1), paragraphs (a) and (b), present
374 paragraph (d), and paragraph (g) of subsection (3), subsection
375 (6), paragraphs (a), (b), (c), and (h) of subsection (7),
376 subsections (8) and (9), and paragraph (e) of subsection (12) of
377 that section are amended, to read:
378 1008.22 Student assessment program for public schools.—
379 (1) PURPOSE.—The primary purpose of the student assessment
380 program is to provide student academic achievement and learning
381 gains data to students, parents, teachers, school
382 administrators, and school district staff. This data is to be
383 used by districts to improve instruction; by students, parents,
384 and teachers to guide learning objectives; by education
385 researchers to assess national and international education
386 comparison data; and by the public to assess the cost benefit of
387 the expenditure of taxpayer dollars. The program must be
388 designed to:
389 (a) Assess the achievement level and annual learning gains
390 of each student in English Language Arts and mathematics and the
391 achievement level in all other subjects assessed.
392 (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
393 Commissioner of Education shall design and implement a
394 statewide, standardized assessment program aligned to the core
395 curricular content established in the Next Generation Sunshine
396 State Standards. The commissioner also must develop or select
397 and implement a common battery of assessment tools that will be
398 used in all juvenile justice education programs in the state.
399 These tools must accurately measure the core curricular content
400 established in the Next Generation Sunshine State Standards.
401 Participation in the assessment program is mandatory for all
402 school districts and all students attending public schools,
403 including adult students seeking a standard high school diploma
404 under s. 1003.4282 and students in Department of Juvenile
405 Justice education programs, except as otherwise provided by law.
406 If a student does not participate in the assessment program, the
407 school district must notify the student’s parent and provide the
408 parent with information regarding the implications of such
409 nonparticipation. The statewide, standardized assessment program
410 shall be designed and implemented as follows:
411 (a) Statewide, standardized comprehensive assessments.—The
412 statewide, standardized Reading assessment shall be administered
413 annually in grades 3 through 10. The statewide, standardized
414 Writing assessment shall be administered annually at least once
415 at the elementary, middle, and high school levels. When the
416 Reading and Writing assessments are replaced by English Language
417 Arts (ELA) assessments , ELA assessments shall be administered to
418 students in grades 3 through 10. Retake opportunities for the
419 grade 10 Reading assessment or, upon implementation, the grade
420 10 ELA assessment must be provided. Students taking the ELA
421 assessments shall not take the statewide, standardized
422 assessments in Reading or Writing. Reading passages and writing
423 prompts for ELA assessments shall incorporate grade-level core
424 curricula content from social studies. The statewide,
425 standardized Mathematics assessments shall be administered
426 annually in grades 3 through 8. Students taking a revised
427 Mathematics assessment shall not take the discontinued
428 assessment. The statewide, standardized Science assessment shall
429 be administered annually at least once at the elementary and
430 middle grades levels. In order to earn a standard high school
431 diploma, a student who has not earned a passing score on the
432 grade 10 Reading assessment or, upon implementation, the grade
433 10 ELA assessment must earn a passing score on the assessment
434 retake or earn a concordant score as authorized under subsection
435 (9). Statewide, standardized ELA and Mathematics assessments in
436 grades 3 through 6 must be delivered in a paper-based format.
437 (b) End-of-course (EOC) assessments.—EOC assessments must
438 be statewide, standardized, and developed or approved by the
439 Department of Education as follows:
440 1. EOC assessments for Algebra I, Geometry, Biology I,
441 United States History, and Civics shall be administered to
442 students enrolled in such courses as specified in the course
443 code directory.
444 2. Students enrolled in a course, as specified in the
445 course code directory, with an associated statewide,
446 standardized EOC assessment must take the EOC assessment for
447 such course and may not take the corresponding subject or grade
448 level statewide, standardized assessment pursuant to paragraph
449 (a). Sections 1003.4156 and 1003.4282 govern the use of
450 statewide, standardized EOC assessment results for students.
451 3. The commissioner may select one or more nationally
452 developed comprehensive examinations, which may include
453 examinations for a College Board Advanced Placement course,
454 International Baccalaureate course, or Advanced International
455 Certificate of Education course, or industry-approved
456 examinations to earn national industry certifications identified
457 in the CAPE Industry Certification Funding List, for use as EOC
458 assessments under this paragraph if the commissioner determines
459 that the content knowledge and skills assessed by the
460 examinations meet or exceed the grade-level expectations for the
461 core curricular content established for the course in the Next
462 Generation Sunshine State Standards. Use of any such examination
463 as an EOC assessment must be approved by the state board in
465 4. Contingent upon funding provided in the General
466 Appropriations Act, including the appropriation of funds
467 received through federal grants, the commissioner may establish
468 an implementation schedule for the development and
469 administration of additional statewide, standardized EOC
470 assessments that must be approved by the state board in rule. If
471 approved by the state board, student performance on such
472 assessments constitutes 30 percent of a student’s final course
474 5. All statewide, standardized EOC assessments must be
475 administered online except as otherwise provided in paragraph
476 (d) (c).
477 6. A student enrolled in an Advanced Placement (AP),
478 International Baccalaureate (IB), or Advanced International
479 Certificate of Education (AICE) course who takes the respective
480 AP, IB, or AICE assessment and earns the minimum score necessary
481 to earn college credit, as identified in s. 1007.27(2), meets
482 the requirements of this paragraph and does not have to take the
483 EOC assessment for the corresponding course.
484 (c) Nationally recognized high school assessments.—Each
485 school district shall, by the 2021-2022 school year and subject
486 to appropriation, select either the SAT or ACT for districtwide
487 administration to each public school student in grade 11,
488 including students attending public high schools, alternative
489 schools, and Department of Juvenile Justice education programs.
490 (d) Implementation schedule. —
491 1. The Commissioner of Education shall establish and
492 publish on the department’s website an implementation schedule
493 to transition from the statewide, standardized Reading and
494 Writing assessments to the ELA assessments and to the revised
495 Mathematics assessments, including the Algebra I and Geometry
496 EOC assessments. The schedule must take into consideration
497 funding, sufficient field and baseline data, access to
498 assessments, instructional alignment, and school district
499 readiness to administer the assessments online. All such
500 assessments must be delivered through computer-based testing,
501 however, the following assessments must be delivered in a
502 computer-based format, as follows: the grade 3 Mathematics
503 assessment beginning in the 2016-2017 school year; the grade 4
504 ELA assessment, beginning in the 2015-2016 school year; and the
505 grade 4 Mathematics assessment, beginning in the 2016-2017
506 school year. Notwithstanding the requirements of this
507 subparagraph, statewide, standardized ELA and mathematics
508 assessments in grades 3 through 6 must be delivered only in a
509 paper-based format, beginning with the 2017-2018 school year,
510 and all such assessments must be paper-based no later than the
511 2018-2019 school year.
512 2. The Department of Education shall publish minimum and
513 recommended technology requirements that include specifications
514 for hardware, software, networking, security, and broadband
515 capacity to facilitate school district compliance with the
516 requirements of this section.
517 (g) Contracts for assessments.—
518 1. The commissioner shall provide for the assessments to be
519 developed or obtained, as appropriate, through contracts and
520 project agreements with private vendors, public vendors, public
521 agencies, postsecondary educational institutions, or school
522 districts. The commissioner may enter into contracts for the
523 continued administration of the assessments authorized and
524 funded by the Legislature. Contracts may be initiated in 1
525 fiscal year and continue into the next fiscal year and may be
526 paid from the appropriations of either or both fiscal years. The
527 commissioner may negotiate for the sale or lease of tests,
528 scoring protocols, test scoring services, and related materials
529 developed pursuant to law.
530 2. A student’s performance results on statewide,
531 standardized assessments, EOC assessments, and Florida
532 Alternative Assessments administered pursuant to this subsection
533 must be provided to the student’s teachers and parents by the
534 end of the school year, unless the commissioner determines that
535 extenuating circumstances exist and reports the extenuating
536 circumstances to the State Board of Education. This subparagraph
537 does not apply to existing contracts for such assessments, but
538 shall apply to new contracts and any renewal of existing
539 contracts for such assessments.
540 3. If liquidated damages are applicable, the department
541 shall collect liquidated damages that are due in response to the
542 administration of the spring 2015 computer-based assessments of
543 the department’s Florida Standards Assessment contract with
544 American Institutes for Research, and expend the funds to
545 reimburse parties that incurred damages.
546 (6) LOCAL ASSESSMENT OF STUDENT PERFORMANCE ON STATE
548 (a) Measurement of student performance is the
549 responsibility of school districts except in those subjects and
550 grade levels measured under the statewide, standardized
551 assessment program described in this section. When available,
552 instructional personnel must be provided with information on
553 student achievement of standards and benchmarks in order to
554 improve instruction.
555 (b) The Commissioner of Education shall assist and support
556 districts in measuring student performance on the state
557 standards by maintaining a statewide item bank, facilitating the
558 sharing of developed tests or test items among school districts,
559 and providing technical assistance in best assessment practices.
560 The commissioner may discontinue the item bank if he or she
561 determines that district participation is insufficient for its
563 (7) ASSESSMENT SCHEDULES AND REPORTING OF RESULTS.—
564 (a) The Commissioner of Education shall establish schedules
565 for the administration of statewide, standardized assessments
566 and the reporting of student assessment results. The
567 commissioner shall consider the observance of religious and
568 school holidays when developing the schedules. The assessment
569 and reporting schedules must provide the earliest possible
570 reporting of student assessment results to the school districts ,
571 consistent with the requirements of paragraph (3)(g). Assessment
572 results for the statewide, standardized ELA and mathematics
573 assessments and all statewide, standardized EOC assessments must
574 be made available no later than June 30, except for results for
575 the grade 3 statewide, standardized ELA assessment, which must
576 be made available no later than May 31. School districts shall
577 administer statewide, standardized assessments in accordance
578 with the schedule established by the commissioner.
579 (b) By January of each year, beginning in 2018, the
580 commissioner shall publish on the department’s website a uniform
581 calendar that includes the assessment and reporting schedules
582 for, at a minimum, the next 2 school years. The uniform calendar
583 must be provided to school districts in an electronic format
584 that allows each school district and public school to populate
585 the calendar with, at minimum, the following information for
586 reporting the district assessment schedules under paragraph (d):
587 1. Whether the assessment is a district-required assessment
588 or a state-required assessment.
589 2. The specific date or dates that each assessment will be
591 3. The time allotted to administer each assessment.
592 4. Whether the assessment is a computer-based assessment or
593 a paper-based assessment.
594 5. The grade level or subject area associated with the
596 6. The date that the assessment results are expected to be
597 available to teachers and parents.
598 7. The type of assessment, the purpose of the assessment,
599 and the use of the assessment results.
600 8. A glossary of assessment terminology.
601 9. Estimates of average time for administering state
602 required and district-required assessments, by grade level.
603 (c) Beginning with the 2018-2019 school year, The spring
604 administration of the statewide, standardized assessments in
605 paragraphs (3)(a) and (b), excluding assessment retakes, must be
606 in accordance with the following schedule:
607 1. The grade 3 statewide, standardized ELA assessment and
608 the writing portion of the statewide, standardized ELA
609 assessment for grades 4 through 10 must be administered no
610 earlier than April 1 each year within an assessment window not
611 to exceed 2 weeks.
612 2. With the exception of assessments identified in
613 subparagraph 1., any statewide, standardized assessment that is
614 delivered in a paper-based format must be administered no
615 earlier than May 1 each year within an assessment window not to
616 exceed 2 weeks.
617 3. With the exception of assessments identified in
618 subparagraphs 1. and 2., any statewide, standardized assessment
619 must be administered within a 4-week assessment window that
620 opens no earlier than May 1 each year.
622 Each school district shall administer the assessments identified
623 under subparagraphs 2. and 3. no earlier than 4 weeks before the
624 last day of school for the district.
625 (h) The results of statewide, standardized assessment in
626 ELA and mathematics, science, and social studies assessments,
627 including assessment retakes, shall be reported in an easy-to
628 read and understandable format and delivered in time to provide
629 useful, actionable information to students, parents, and each
630 student’s current teacher of record and teacher of record for
631 the subsequent school year; however, in any case, the district
632 shall provide the results pursuant to this paragraph within 1
633 week after receiving the results from the department. A report
634 of student assessment results must, at a minimum, contain:
635 1. A clear explanation of the student’s performance on the
636 applicable statewide, standardized assessments.
637 2. Information identifying the student’s areas of strength
638 and areas in need of improvement.
639 3. Specific actions that may be taken, and the available
640 resources that may be used, by the student’s parent to assist
641 his or her child based on the student’s areas of strength and
642 areas in need of improvement.
643 4. Longitudinal information, if available, on the student’s
644 progress in each subject area based on previous statewide,
645 standardized assessment data.
646 5. Comparative information showing the student’s score
647 compared to other students in the school district, in the state,
648 or, if available, in other states.
649 6. Predictive information, if available, showing the
650 linkage between the scores attained by the student on the
651 statewide, standardized assessments and the scores he or she may
652 potentially attain on nationally recognized college entrance
654 (8) PUBLICATION OF ASSESSMENTS.—To promote transparency in
655 the statewide assessment program, in any procurement for the
656 statewide, standardized assessment in ELA, assessment in grades
657 3 through 10 and the mathematics, science, and social studies
658 a ssessment in grades 3 through 8, the Department of Education
659 shall solicit cost proposals for publication of the state
660 assessments on its website in accordance with this subsection.
661 (a) The department shall publish each assessment
662 administered under paragraph (3)(a) and subparagraph (3)(b)1.,
663 excluding assessment retakes, at least once on a triennial basis
664 pursuant to a schedule determined by the Commissioner of
665 Education. Each assessment, when published, must have been
666 administered during the most recent school year and be in a
667 format that facilitates the sharing of assessment items.
668 (b) The initial publication of assessments must occur no
669 later than June 30, 2024 June 30, 2021, subject to
670 appropriation, and must include, at a minimum, the grade 3 ELA
671 and mathematics assessments, the grade 10 ELA assessment, and
672 the Algebra I EOC assessment.
673 (c) The department must provide materials on its website to
674 help the public interpret assessment information published
675 pursuant to this subsection.
676 (9) CONCORDANT SCORES.—The Commissioner of Education must
677 identify scores on the SAT and ACT that if achieved satisfy the
678 graduation requirement that a student pass the grade 10
679 statewide, standardized Reading assessment or, upon
680 implementation, the grade 10 ELA assessment. The commissioner
681 may identify concordant scores on assessments other than the SAT
682 and ACT. If the content or scoring procedures change for the
683 grade 10 Reading assessment or, upon implementation, the grade
684 10 ELA assessment, new concordant scores must be determined. If
685 new concordant scores are not timely adopted, the last-adopted
686 concordant scores remain in effect until such time as new scores
687 are adopted. The state board shall adopt concordant scores in
689 (12) REPORTS.—The Department of Education shall annually
690 provide a report to the Governor, the President of the Senate,
691 and the Speaker of the House of Representatives which shall
692 include the following:
693 (e) The number of students who after 8th grade enroll in
694 adult education rather than other secondary education, which is
695 defined as grades 9 through 12.
696 Section 8. Subsection (1) of section 1008.24, Florida
697 Statutes, is amended to read:
698 1008.24 Test administration and security; public records
700 (1) A person may not knowingly and willfully violate test
701 security rules adopted by the State Board of Education for
702 mandatory tests administered by or through the State Board of
703 Education or the Commissioner of Education to students,
704 educators, or applicants for certification or administered by
705 school districts pursuant to ss. 1002.69, 1003.52, 1003.56,
706 1007.25, 1007.35, 1008.22, 1008.25, and 1012.56 s. 1008.22, or,
707 with respect to any such test, knowingly and willfully to:
708 (a) Give examinees access to test questions prior to
710 (b) Copy, reproduce, or use in any manner inconsistent with
711 test security rules all or any portion of any secure test
713 (c) Coach examinees during testing or alter or interfere
714 with examinees’ responses in any way;
715 (d) Make answer keys available to examinees;
716 (e) Fail to follow security rules for distribution and
717 return of secure test as directed, or fail to account for all
718 secure test materials before, during, and after testing;
719 (f) Fail to follow test administration directions specified
720 in the test administration manuals; or
721 (g) Participate in, direct, aid, counsel, assist in, or
722 encourage any of the acts prohibited in this section.
723 Section 9. Paragraph (a) of subsection (1) of section
724 1008.34, Florida Statutes, is amended to read:
725 1008.34 School grading system; school report cards;
726 district grade.—
727 (1) DEFINITIONS.—For purposes of the statewide,
728 standardized assessment program and school grading system, the
729 following terms are defined:
730 (a) “Achievement level,” “student achievement,” or
731 “achievement” describes the level of content mastery a student
732 has acquired in a particular subject as measured by a statewide,
733 standardized assessment administered pursuant to s.
734 1008.22(3)(a) and (b). There are five achievement levels. Level
735 1 is the lowest achievement level, level 5 is the highest
736 achievement level, and level 3 indicates satisfactory
737 performance. A student passes an assessment if the student
738 achieves a level 3, level 4, or level 5. For purposes of the
739 Florida Alternate Assessment administered pursuant to s.
740 1008.22(3)(d) s. 1008.22(3)(c), the state board shall provide,
741 in rule, the number of achievement levels and identify the
742 achievement levels that are considered passing.
743 Section 10. Subsection (2) of section 1008.3415, Florida
744 Statutes, is amended to read:
745 1008.3415 School grade or school improvement rating for
746 exceptional student education centers.—
747 (2) Notwithstanding s. 1008.34, the achievement levels and
748 Learning Gains of a student with a disability who attends an
749 exceptional student education center and has not been enrolled
750 in or attended a public school other than an exceptional student
751 education center for grades K-12 within the school district
752 shall not be included in the calculation of the home school’s
753 grade if the student is identified as an emergent student on the
754 alternate assessment described in s. 1008.22(3)(d) s.
756 Section 11. Paragraph (i) is added to subsection (4) of
757 section 1009.286, Florida Statutes, to read:
758 1009.286 Additional student payment for hours exceeding
759 baccalaureate degree program completion requirements at state
761 (4) For purposes of this section, credit hours earned under
762 the following circumstances are not calculated as hours required
763 to earn a baccalaureate degree:
764 (i) Credit hours earned to meet the requirements of s.
766 Section 12. This act shall take effect July 1, 2021.