Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. SB 1048
Senate . House
The Committee on Appropriations (Diaz) recommended the
1 Senate Amendment (with title amendment)
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (d) of subsection (1) and paragraph
6 (b) of subsection (3) of section 411.227, Florida Statutes, are
7 amended to read:
8 411.227 Components of the Learning Gateway.—The Learning
9 Gateway system consists of the following components:
10 (1) COMMUNITY EDUCATION STRATEGIES AND FAMILY-ORIENTED
12 (d) In collaboration with other local resources, the
13 demonstration projects shall develop public awareness strategies
14 to disseminate information about developmental milestones,
15 precursors of learning problems and other developmental delays,
16 and the service system that is available. The information should
17 target parents of children from birth through age 9 and should
18 be distributed to parents, health care providers, and caregivers
19 of children from birth through age 9. A variety of media should
20 be used as appropriate, such as print, television, radio, and a
21 community-based Internet website, as well as opportunities such
22 as those presented by parent visits to physicians for well-child
23 checkups. The Learning Gateway Steering Committee shall provide
24 technical assistance to the local demonstration projects in
25 developing and distributing educational materials and
27 1. Public awareness strategies targeting parents of
28 children from birth through age 5 shall be designed to provide
29 information to public and private preschool programs, child care
30 providers, pediatricians, parents, and local businesses and
31 organizations. These strategies should include information on
32 the school readiness performance standards adopted by the
33 Department of Education.
34 2. Public awareness strategies targeting parents of
35 children from ages 6 through 9 must be designed to disseminate
36 training materials and brochures to parents and public and
37 private school personnel, and must be coordinated with the local
38 school board and the appropriate school advisory committees in
39 the demonstration projects. The materials should contain
40 information on state and district achievement
41 for grades K-3.
42 (3) EARLY EDUCATION, SERVICES AND SUPPORTS.—
43 (b) Demonstration projects shall develop strategies to
44 increase the use of appropriate intervention practices with
45 children who have learning problems and learning disabilities
46 within public and private early care and education programs and
47 K-3 public and private school settings. Strategies may include
48 training and technical assistance teams. Intervention must be
49 coordinated and must focus on providing effective supports to
50 children and their families within their regular education and
51 community environment. These strategies must incorporate, as
52 appropriate, school and district activities related to the
53 student’s progress monitoring plan and must provide parents with
54 greater access to community-based services that should be
55 available beyond the traditional school day. Academic
56 expectations for public school students in grades K-3 must be
57 based upon the local school board’s adopted achievement
58 proficiency levels. When appropriate, school personnel shall
59 consult with the local Learning Gateway to identify other
60 community resources for supporting the child and the family.
61 Section 2. Subsection (7) of section 1000.21, Florida
62 Statutes, is amended to read:
63 1000.21 Systemwide definitions.—As used in the Florida
64 Early Learning-20 Education Code:
65 (7) “ Next Generation Sunshine State academic standards”
66 means the state’s public K-12 curricular standards adopted under
67 s. 1003.41.
68 Section 3. Paragraph (f) of subsection (3) and paragraphs
69 (a) and (d) of subsection (10) of section 1002.37, Florida
70 Statutes, are amended to read:
71 1002.37 The Florida Virtual School.—
72 (3) Funding for the Florida Virtual School shall be
73 provided as follows:
74 (f) The Florida Virtual School shall receive state funds
75 for operating purposes as provided in the General Appropriations
76 Act. The calculation to determine the amount of state funds
77 includes: the sum of the base Florida Education Finance Program
78 funding, the state-funded discretionary contribution and a per
79 full-time equivalent share of the discretionary millage
80 compression supplement, the exceptional student education
81 guaranteed allocation, the instructional materials allocation,
82 the evidence-based research-based reading instruction
83 allocation, the mental health assistance allocation, and the
84 teacher salary increase allocation. For the purpose of
85 calculating the state-funded discretionary contribution,
86 multiply the maximum allowable nonvoted discretionary millage
87 for operations pursuant to s. 1011.71(1) and (3) by the value of
88 96 percent of the current year’s taxable value for school
89 purposes for the state; divide the result by the total full-time
90 equivalent membership of the state; and multiply the result by
91 the full-time equivalent membership of the school. Funds may not
92 be provided for the purpose of fulfilling the class size
93 requirements in ss. 1003.03 and 1011.685.
94 (10)(a) Public school students receiving full-time
95 instruction in kindergarten through grade 12 by the Florida
96 Virtual School must take all statewide assessments required
97 pursuant to s. 1008.22 and participate in the coordinated
98 screening and progress monitoring system under s. 1008.25(8).
99 (d) Unless an alternative testing site is mutually agreed
100 to by the Florida Virtual School and the school district or as
101 contracted under s. 1008.24, all industry certification
102 examinations, national assessments, progress monitoring under s.
103 1008.25(8), and statewide assessments must be taken at the
104 school to which the student would be assigned according to
105 district school board attendance areas. A school district must
106 provide the student with access to the school’s testing
107 facilities and the date and time of the administration of
108 progress monitoring and each examination or assessment.
109 Section 4. Paragraph (b) of subsection (6) of section
110 1002.45, Florida Statutes, is amended to read:
111 1002.45 Virtual instruction programs.—
112 (6) STUDENT PARTICIPATION REQUIREMENTS.—Each student
113 enrolled in a virtual instruction program or virtual charter
114 school must:
115 (b) Take statewide assessments pursuant to s. 1008.22 and
116 participate in the coordinated screening and progress monitoring
117 system under s. 1008.25(8). Statewide assessments and progress
118 monitoring may be administered within the school district in
119 which such student resides, or as specified in the contract in
120 accordance with s. 1008.24(3). If requested by the approved
121 provider or virtual charter school, the district of residence
122 must provide the student with access to the district’s testing
124 Section 5. Paragraph (d) of subsection (6) of section
125 1002.53, Florida Statutes, is amended to read:
126 1002.53 Voluntary Prekindergarten Education Program;
127 eligibility and enrollment.—
129 (d) Each parent who enrolls his or her child in the
130 Voluntary Prekindergarten Education Program must allow his or
131 her child to participate in the coordinated screening and
132 progress monitoring program under s. 1008.25(8) s. 1008.2125.
133 Section 6. Paragraph (b) of subsection (2) of section
134 1002.67, Florida Statutes, is amended to read:
135 1002.67 Performance standards and curricula.—
137 (b) Each private prekindergarten provider’s and public
138 school’s curriculum must be developmentally appropriate and
140 1. Be designed to prepare a student for early literacy and
141 provide for instruction in early math skills;
142 2. Enhance the age-appropriate progress of students in
143 attaining the performance standards adopted by the department
144 under subsection (1); and
145 3. Support student learning gains through differentiated
146 instruction that shall be measured by the coordinated screening
147 and progress monitoring program under s. 1008.25(8) s.
149 Section 7. Paragraphs (a) and (b) of subsection (1),
150 paragraphs (b) and (e) of subsection (4), and paragraph (c) of
151 subsection (6) of section 1002.68, Florida Statutes, are amended
152 to read:
153 1002.68 Voluntary Prekindergarten Education Program
155 (1)(a) Beginning with the 2022-2023 program year, each
156 private prekindergarten provider and public school participating
157 in the Voluntary Prekindergarten Education Program must
158 participate in the coordinated screening and progress monitoring
159 program in accordance with s. 1008.25(8) s. 1008.2125. The
160 coordinated screening and progress monitoring program results
161 shall be used by the department to identify student learning
162 gains, index development learning outcomes upon program
163 completion relative to the performance standards established
164 under s. 1002.67 and representative norms, and inform a private
165 prekindergarten provider’s and public school’s performance
167 (b) At a minimum, the initial and final progress monitoring
168 or screening must be administered by individuals meeting
169 requirements adopted by the department under s. 1008.25(8) s.
172 (b) The methodology for calculating a provider’s
173 performance metric may not include students who are not
174 administered the coordinated screening and progress monitoring
175 program under s. 1008.25(8) s. 1008.2125.
176 (e) Subject to an appropriation, the department shall
177 provide for a differential payment to a private prekindergarten
178 provider and public school based on the provider’s designation.
179 The maximum differential payment may not exceed a total of 15
180 percent of the base student allocation per full-time equivalent
181 student under s. 1002.71 attending in the consecutive program
182 year for that program. A private prekindergarten provider or
183 public school may not receive a differential payment if it
184 receives a designation of “proficient” or lower. Before the
185 adoption of the methodology, the department shall confer with
186 the Council for Early Grade Success under s. 1008.2125 before
187 receiving approval from the State Board of Education for the
188 final recommendations on the designation system and differential
191 (c) The department shall adopt criteria for granting good
192 cause exemptions. Such criteria must include, but are not
193 limited to, all of the following:
194 1. Child demographic data that evidences a private
195 prekindergarten provider or public school serves a statistically
196 significant population of children with special needs who have
197 individual education plans and can demonstrate progress toward
198 meeting the goals outlined in the students’ individual education
200 2. Learning gains of children served in the Voluntary
201 Prekindergarten Education Program by the private prekindergarten
202 provider or public school on an alternative measure that has
203 comparable validity and reliability of the coordinated screening
204 and progress monitoring program in accordance with s. 1008.25(8)
205 s. 1008.2125.
206 3. Program assessment data under subsection (2) which
207 demonstrates effective teaching practices as recognized by the
208 tool developer.
209 4. Verification that local and state health and safety
210 requirements are met.
211 Section 8. Section 1003.41, Florida Statutes, is amended to
213 1003.41 Next Generation Sunshine State academic standards.—
214 (1) The Next Generation Sunshine state academic standards
215 establish the core content of the curricula to be taught in the
216 state and specify the core content knowledge and skills that K
217 12 public school students are expected to acquire. Standards
218 must be rigorous and relevant and provide for the logical,
219 sequential progression of core curricular content that
220 incrementally increases a student’s core content knowledge and
221 skills over time. Curricular content for all subjects must
222 integrate critical-thinking, problem-solving, and workforce
223 literacy skills; communication, reading, and writing skills;
224 mathematics skills; collaboration skills; contextual and
225 applied-learning skills; technology-literacy skills; information
226 and media-literacy skills; and civic-engagement skills. The
227 standards must include distinct grade-level expectations for the
228 core content knowledge and skills that a student is expected to
229 have acquired by each individual grade level from kindergarten
230 through grade 8. The standards for grades 9 through 12 may be
231 organized by grade clusters of more than one grade level except
232 as otherwise provided for visual and performing arts, physical
233 education, health, and foreign language standards.
234 (2) The Next Generation Sunshine state academic standards
235 must meet the following requirements:
236 (a) English Language Arts standards must establish specific
237 curricular content for, at a minimum, reading, writing, speaking
238 and listening, and language.
239 (b) Science standards must establish specific curricular
240 content for, at a minimum, the nature of science, earth and
241 space science, physical science, and life science.
242 (c) Mathematics standards must establish specific
243 curricular content for, at a minimum, algebra, geometry,
244 statistics and probability, number and quantity, functions, and
246 (d) Social Studies standards must establish specific
247 curricular content for, at a minimum, geography, United States
248 and world history, government, civics, humanities, economics,
249 and financial literacy.
250 (e) Visual and performing arts, physical education, health,
251 and foreign language standards must establish specific
252 curricular content and include distinct grade level expectations
253 for the core content knowledge and skills that a student is
254 expected to have acquired by each individual grade level from
255 kindergarten through grade 5. The standards for grades 6 through
256 12 may be organized by grade clusters of more than one grade
258 (3) The Commissioner of Education, as needed, shall develop
259 and submit proposed revisions to the standards for review and
260 comment by Florida educators, school administrators,
261 representatives of the Florida College System institutions and
262 state universities who have expertise in the content knowledge
263 and skills necessary to prepare a student for postsecondary
264 education and careers, business and industry leaders, and the
265 public. The commissioner, after considering reviews and
266 comments, shall submit the proposed revisions to the State Board
267 of Education for adoption.
268 (4) The State Board of Education shall adopt rules to
269 administer this section.
270 Section 9. Paragraph (c) of subsection (1) of section
271 1003.53, Florida Statutes, is amended to read:
272 1003.53 Dropout prevention and academic intervention.—
274 (c) A student shall be identified as being eligible to
275 receive services funded through the dropout prevention and
276 academic intervention program based upon one of the following
278 1. The student is academically unsuccessful as evidenced by
279 low test scores, retention, failing grades, low grade point
280 average, falling behind in earning credits, or not meeting the
281 state or district achievement proficiency levels in reading,
282 mathematics, or writing.
283 2. The student has a pattern of excessive absenteeism or
284 has been identified as a habitual truant.
285 3. The student has a history of disruptive behavior in
286 school or has committed an offense that warrants out-of-school
287 suspension or expulsion from school according to the district
288 school board’s code of student conduct. For the purposes of this
289 program, “disruptive behavior” is behavior that:
290 a. Interferes with the student’s own learning or the
291 educational process of others and requires attention and
292 assistance beyond that which the traditional program can provide
293 or results in frequent conflicts of a disruptive nature while
294 the student is under the jurisdiction of the school either in or
295 out of the classroom; or
296 b. Severely threatens the general welfare of students or
297 others with whom the student comes into contact.
298 4. The student is identified by a school’s early warning
299 system pursuant to s. 1001.42(18)(b).
300 Section 10. The Division of Law Revision is directed to
301 prepare a reviser’s bill for the 2023 Regular Session of the
302 Legislature to change the term “Next Generation Sunshine State
303 Standards” to “state academic standards” wherever the term
304 appears in the Florida Statutes.
305 Section 11. Section 1008.2125, Florida Statutes, is amended
306 to read:
307 1008.2125 The Council for Early Grade Success Coordinated
308 screening and progress monitoring program for students in the
309 Voluntary Prekindergarten Education Program through grade 3.—
310 (1) The primary purpose of the coordinated screening and
311 progress monitoring program for students in the Voluntary
312 Prekindergarten Education Program through grade 3 is to provide
313 information on students’ progress in mastering the appropriate
314 grade-level standards and to provide information on their
315 progress to parents, teachers, and school and program
316 administrators. Data shall be used by Voluntary Prekindergarten
317 Education Program providers and school districts to improve
318 instruction, by parents and teachers to guide learning
319 objectives and provide timely and appropriate supports and
320 interventions to students not meeting grade-level expectations,
321 and by the public to assess the cost benefit of the expenditure
322 of taxpayer dollars. The coordinated screening and progress
323 monitoring program must:
324 (a) Measure student progress in the Voluntary
325 Prekindergarten Education Program through grade 3 in meeting the
326 appropriate expectations in early literacy and math skills and
327 in English Language Arts and mathematics, as required by ss.
328 1002.67(1)(a) and 1003.41.
329 (b) Provide data for accountability of the Voluntary
330 Prekindergarten Education Program, as required by s. 1002.68.
331 (c) Provide baseline data to the department of each
332 student’s readiness for kindergarten, which must be based on
333 each kindergarten student’s progress monitoring results that was
334 administered no later than the first 30 instructional days in
335 accordance with paragraph (2)(a). The methodology for
336 determining a student’s readiness for kindergarten shall be
337 developed by the department and aligned to the methodology
338 adopted pursuant to s. 1002.68(4).
339 (d) Identify the educational strengths and needs of
340 students in the Voluntary Prekindergarten Education Program
341 through grade 3.
342 (e) Provide teachers with progress monitoring data to
343 provide timely interventions and supports pursuant to s.
345 (f) Assess how well educational goals and curricular
346 standards are met at the provider, school, district, and state
348 (g) Provide information to aid in the evaluation and
349 development of educational programs and policies.
350 (2) The Commissioner of Education shall design a statewide,
351 standardized coordinated screening and progress monitoring
352 program to assess early literacy and mathematics skills and the
353 English Language Arts and mathematics standards established in
354 ss. 1002.67(1)(a) and 1003.41, respectively. The coordinated
355 screening and progress monitoring program must provide interval
356 level and norm-referenced data that measures equivalent levels
357 of growth; be a developmentally appropriate, valid, and reliable
358 direct assessment; be able to capture data on students who may
359 be performing below grade or developmental level and which may
360 enable the identification of early indicators of dyslexia or
361 other developmental delays; accurately measure the core content
362 in the applicable grade level standards; document learning gains
363 for the achievement of these standards; and provide teachers
364 with progress monitoring supports and materials that enhance
365 differentiated instruction and parent communication.
366 Participation in the coordinated screening and progress
367 monitoring program is mandatory for all students in the
368 Voluntary Prekindergarten Education Program and enrolled in a
369 public school in kindergarten through grade 3. The coordinated
370 screening and progress monitoring program shall be implemented
371 beginning in the 2022-2023 school year for students in the
372 Voluntary Prekindergarten Education Program and kindergarten
373 students, as follows:
374 (a) The coordinated screening and progress monitoring
375 program shall be administered within the first 30 days after
376 enrollment, midyear, and within the last 30 days of the program
377 or school year, in accordance with the rules adopted by the
378 State Board of Education. The state board may adopt alternate
379 timeframes to address nontraditional school year calendars or
380 summer programs to ensure the coordinated screening and progress
381 monitoring program is administered a minimum of three times
382 within a year or program.
383 (b) The results of the coordinated screening and progress
384 monitoring program shall be reported to the department, in
385 accordance with the rules adopted by the state board, and
386 maintained in the department’s educational data warehouse.
387 (3) The Commissioner of Education shall:
388 (a) Develop a plan, in coordination with the Council for
389 Early Grade Success, for implementing the coordinated screening
390 and progress monitoring program in consideration of timelines
391 for implementing new early literacy and mathematics skills and
392 the English Language Arts and mathematics standards established
393 in ss. 1002.67(1)(a) and 1003.41, as appropriate.
394 (b) Provide data, reports, and information as requested to
395 the Council for Early Grade Success.
396 (1) (4) The Council for Early Grade Success, a council as
397 defined in s. 20.03(7), is created within the Department of
398 Education to oversee the coordinated screening and progress
399 monitoring program under s. 1008.25(8) for students in the
400 Voluntary Prekindergarten Education Program through grade 3 and,
401 except as otherwise provided in this section, shall operate
402 consistent with s. 20.052.
403 (a) The council shall be responsible for reviewing the
404 implementation of, training for, and outcomes from the
405 coordinated screening and progress monitoring program to provide
406 recommendations to the department that support grade 3 students
407 reading at or above grade level. The council, at a minimum,
409 1. Provide recommendations on the implementation of the
410 coordinated screening and progress monitoring program, including
411 reviewing any procurement solicitation documents and criteria
412 before being published.
413 2. Develop training plans and timelines for such training.
414 3. Identify appropriate personnel, processes, and
415 procedures required for the administration of the coordinated
416 screening and progress monitoring program.
417 4. Provide input on the methodology for calculating a
418 provider’s or school’s performance metric and designations under
419 s. 1002.68(4).
420 5. Work with the department to review the methodology for
421 determining a child’s kindergarten readiness.
422 6. Review data on age-appropriate learning gains by grade
423 level that a student would need to attain in order to
424 demonstrate proficiency in reading by grade 3.
425 7. Continually review anonymized data from the results of
426 the coordinated screening and progress monitoring program for
427 students in the Voluntary Prekindergarten Education Program
428 through grade 3 to help inform recommendations to the department
429 that support practices that will enable grade 3 students to read
430 at or above grade level.
431 (b) The council shall be composed of 17 members who are
432 residents of this the state and appointed as follows:
433 1. Three members appointed by the Governor, as follows:
434 a. One representative from the Department of Education.
435 b. One parent of a child who is 4 to 9 years of age.
436 c. One representative that is an elementary school
438 2. Seven members appointed by the President of the Senate,
439 as follows:
440 a. One senator who serves at the pleasure of the President
441 of the Senate.
442 b. One representative of an urban school district.
443 c. One representative of a rural early learning coalition.
444 d. One representative of a faith-based early learning
445 provider who offers the Voluntary Prekindergarten Education
447 e. One representative who is a second grade teacher who has
448 at least 5 years of teaching experience.
449 f. Two representatives with subject matter expertise in
450 early learning, early grade success, or child assessments.
451 3. Seven members appointed by the Speaker of the House of
452 Representatives, as follows:
453 a. One member of the House of Representatives who serves at
454 the pleasure of the Speaker of the House.
455 b. One representative of a rural school district.
456 c. One representative of an urban early learning coalition.
457 d. One representative of an early learning provider who
458 offers the Voluntary Prekindergarten Education Program.
459 e. One member who is a kindergarten teacher who has at
460 least 5 years of teaching experience.
461 f. Two representatives with subject matter expertise in
462 early learning, early grade success, or child assessment.
463 4. The four representatives with subject matter expertise
464 in sub-subparagraphs 2.f. and 3.f. may not be direct
465 stakeholders within the early learning or public school systems.
466 (2) The Commissioner of Education shall:
467 (a) Develop a plan, in coordination with the Council for
468 Early Grade Success, for implementing the coordinated screening
469 and progress monitoring program in consideration of timelines
470 for implementing new early literacy and mathematics skills and
471 the English Language Arts and mathematics standards established
472 in ss. 1002.67(1)(a) and 1003.41, as appropriate.
473 (b) Provide data, reports, and information as requested to
474 the Council for Early Grade Success.
475 (3) (5) The council shall elect a chair and vice chair, one
476 of whom must be a member who has subject matter expertise in
477 early learning, early grade success, or child assessments. The
478 vice chair must be a member appointed by the President of the
479 Senate or the Speaker of the House of Representatives who is not
480 one of the four members with subject matter expertise in early
481 learning, early grade success, or child assessments appointed
482 pursuant to sub-subparagraphs (1)(b)2.f. and 3.f. (4)(b)2.f. and
483 3.f. Members of the council shall serve without compensation but
484 are entitled to reimbursement for per diem and travel expenses
485 pursuant to s. 112.061.
486 Section 12. Present subsection (13) of section 1008.22,
487 Florida Statutes, is redesignated as subsection (14), a new
488 subsection (13) is added to that section, and subsections (3)
489 and (6) and paragraphs (a), (b), (c), (e), (g), (h), and (i) of
490 subsection (7) of that section are amended, to read:
491 1008.22 Student assessment program for public schools.—
492 (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
493 Commissioner of Education shall design and implement a
494 statewide, standardized assessment program aligned to the core
495 curricular content established in the Next Generation Sunshine
496 state academic standards. The commissioner also must develop or
497 select and implement a common battery of assessment tools that
498 will be used in all juvenile justice education programs in the
499 state. These tools must accurately measure the core curricular
500 content established in the Next Generation Sunshine state
501 academic standards. Participation in the assessment program is
502 mandatory for all school districts and all students attending
503 public schools, including adult students seeking a standard high
504 school diploma under s. 1003.4282 and students in Department of
505 Juvenile Justice education programs, except as otherwise
506 provided by law. If a student does not participate in the
507 assessment program, the school district must notify the
508 student’s parent and provide the parent with information
509 regarding the implications of such nonparticipation. The
510 statewide, standardized assessment program shall be designed and
511 implemented as follows:
512 (a) Statewide, standardized comprehensive assessments.—
513 1. The statewide, standardized English Language Arts (ELA)
514 assessments shall be administered to students in grades 3
515 through 10. Retake opportunities for the grade 10 ELA assessment
516 must be provided. Reading passages and writing prompts for ELA
517 assessments shall incorporate grade-level core curricula content
518 from social studies. The statewide, standardized Mathematics
519 assessments shall be administered annually in grades 3 through
520 8. The statewide, standardized Science assessment shall be
521 administered annually at least once at the elementary and middle
522 grades levels. In order to earn a standard high school diploma,
523 a student who has not earned a passing score on the grade 10 ELA
524 assessment must earn a passing score on the assessment retake or
525 earn a concordant score as authorized under subsection (9).
526 Statewide, standardized ELA and Mathematics assessments in
527 grades 3 through 6 must be delivered in a paper-based format.
528 2. Beginning with the 2022-2023 school year, the end-of
529 year comprehensive progress monitoring assessment administered
530 pursuant to s. 1008.25(8)(b)2. is the statewide, standardized
531 ELA assessment for students in grades 3 through 10 and the
532 statewide, standardized Mathematics assessment for students in
533 grades 3 through 8.
534 (b) End-of-course (EOC) assessments.—EOC assessments must
535 be statewide, standardized, and developed or approved by the
536 Department of Education as follows:
537 1. EOC assessments for Algebra I, Geometry, Biology I,
538 United States History, and Civics shall be administered to
539 students enrolled in such courses as specified in the course
540 code directory.
541 2. Students enrolled in a course, as specified in the
542 course code directory, with an associated statewide,
543 standardized EOC assessment must take the EOC assessment for
544 such course and may not take the corresponding subject or grade
545 level statewide, standardized assessment pursuant to paragraph
546 (a). Sections 1003.4156 and 1003.4282 govern the use of
547 statewide, standardized EOC assessment results for students.
548 3. The commissioner may select one or more nationally
549 developed comprehensive examinations, which may include
550 examinations for a College Board Advanced Placement course,
551 International Baccalaureate course, or Advanced International
552 Certificate of Education course, or industry-approved
553 examinations to earn national industry certifications identified
554 in the CAPE Industry Certification Funding List, for use as EOC
555 assessments under this paragraph if the commissioner determines
556 that the content knowledge and skills assessed by the
557 examinations meet or exceed the grade-level expectations for the
558 core curricular content established for the course in the Next
559 Generation Sunshine state academic standards. Use of any such
560 examination as an EOC assessment must be approved by the state
561 board in rule.
562 4. Contingent upon funding provided in the General
563 Appropriations Act, including the appropriation of funds
564 received through federal grants, the commissioner may establish
565 an implementation schedule for the development and
566 administration of additional statewide, standardized EOC
567 assessments that must be approved by the state board in rule. If
568 approved by the state board, student performance on such
569 assessments constitutes 30 percent of a student’s final course
571 5. All statewide, standardized EOC assessments must be
572 administered online except as otherwise provided in paragraph
574 6. A student enrolled in an Advanced Placement (AP),
575 International Baccalaureate (IB), or Advanced International
576 Certificate of Education (AICE) course who takes the respective
577 AP, IB, or AICE assessment and earns the minimum score necessary
578 to earn college credit, as identified in s. 1007.27(2), meets
579 the requirements of this paragraph and does not have to take the
580 EOC assessment for the corresponding course.
581 (c) Nationally recognized high school assessments.—Each
582 school district shall, by the 2021-2022 school year and subject
583 to appropriation, select either the SAT or ACT for districtwide
584 administration to each public school student in grade 11,
585 including students attending public high schools, alternative
586 schools, and Department of Juvenile Justice education programs.
587 (d) Students with disabilities; Florida Alternate
589 1. Each district school board must provide instruction to
590 prepare students with disabilities in the core content knowledge
591 and skills necessary for successful grade-to-grade progression
592 and high school graduation.
593 2. A student with a disability, as defined in s. 1007.02,
594 for whom the individual education plan (IEP) team determines
595 that the statewide, standardized assessments under this section
596 cannot accurately measure the student’s abilities, taking into
597 consideration all allowable accommodations, shall have
598 assessment results waived for the purpose of receiving a course
599 grade and a standard high school diploma. Such waiver shall be
600 designated on the student’s transcript. The statement of waiver
601 shall be limited to a statement that performance on an
602 assessment was waived for the purpose of receiving a course
603 grade or a standard high school diploma, as applicable.
604 3. The State Board of Education shall adopt rules, based
605 upon recommendations of the commissioner, for the provision of
606 assessment accommodations for students with disabilities and for
607 students who have limited English proficiency.
608 a. Accommodations that negate the validity of a statewide,
609 standardized assessment are not allowed during the
610 administration of the assessment. However, instructional
611 accommodations are allowed in the classroom if identified in a
612 student’s IEP. Students using instructional accommodations in
613 the classroom that are not allowed on a statewide, standardized
614 assessment may have assessment results waived if the IEP team
615 determines that the assessment cannot accurately measure the
616 student’s abilities.
617 b. If a student is provided with instructional
618 accommodations in the classroom that are not allowed as
619 accommodations for statewide, standardized assessments, the
620 district must inform the parent in writing and provide the
621 parent with information regarding the impact on the student’s
622 ability to meet expected performance levels. A parent must
623 provide signed consent for a student to receive classroom
624 instructional accommodations that would not be available or
625 permitted on a statewide, standardized assessment and
626 acknowledge in writing that he or she understands the
627 implications of such instructional accommodations.
628 c. If a student’s IEP states that online administration of
629 a statewide, standardized assessment will significantly impair
630 the student’s ability to perform, the assessment shall be
631 administered in hard copy.
632 4. For students with significant cognitive disabilities,
633 the Department of Education shall provide for implementation of
634 the Florida Alternate Assessment to accurately measure the core
635 curricular content established in the Next Generation Sunshine
636 state academic standards.
637 (e) Assessment scores and achievement levels.—
638 1. All statewide, standardized EOC assessments and ELA,
639 Mathematics, and Science assessments shall use scaled scores and
640 achievement levels. Achievement levels shall range from 1
641 through 5, with level 1 being the lowest achievement level,
642 level 5 being the highest achievement level, and level 3
643 indicating grade-level satisfactory performance on an
645 2. The state board shall designate by rule a passing score,
646 indicating grade-level performance, for each statewide,
647 standardized assessment.
648 3. If the commissioner seeks to revise a statewide,
649 standardized assessment and the revisions require the state
650 board to modify performance level scores, including the passing
651 score, the commissioner shall provide a copy of the proposed
652 scores and implementation plan to the President of the Senate
653 and the Speaker of the House of Representatives at least 45 90
654 days before submission to the state board for review. Until the
655 state board adopts the modifications by rule, the commissioner
656 shall use calculations for scoring the assessment that adjust
657 student scores on the revised assessment for statistical
658 equivalence to student scores on the former assessment. The
659 state board shall adopt by rule the passing score for the
660 revised assessment that is statistically equivalent to the
661 passing score on the discontinued assessment for a student who
662 is required to attain a passing score on the discontinued
663 assessment. The commissioner may, with approval of the state
664 board, discontinue administration of the former assessment upon
665 the graduation, based on normal student progression, of students
666 participating in the final regular administration of the former
667 assessment. If the commissioner revises a statewide,
668 standardized assessment and the revisions require the state
669 board to modify the passing score, only students taking the
670 assessment for the first time after the rule is adopted are
672 (f) Prohibited activities.—A district school board shall
673 prohibit each public school from suspending a regular program of
674 curricula for purposes of administering practice assessments or
675 engaging in other assessment-preparation activities for a
676 statewide, standardized assessment. However, a district school
677 board may authorize a public school to engage in the following
678 assessment-preparation activities:
679 1. Distributing to students sample assessment books and
680 answer keys published by the Department of Education.
681 2. Providing individualized instruction in assessment
682 taking strategies, without suspending the school’s regular
683 program of curricula, for a student who scores Level 1 or Level
684 2 on a prior administration of an assessment.
685 3. Providing individualized instruction in the content
686 knowledge and skills assessed, without suspending the school’s
687 regular program of curricula, for a student who scores Level 1
688 or Level 2 on a prior administration of an assessment or a
689 student who, through a diagnostic assessment administered by the
690 school district, is identified as having a deficiency in the
691 content knowledge and skills assessed.
692 4. Administering a practice assessment or engaging in other
693 assessment-preparation activities that are determined necessary
694 to familiarize students with the organization of the assessment,
695 the format of assessment items, and the assessment directions or
696 that are otherwise necessary for the valid and reliable
697 administration of the assessment, as set forth in rules adopted
698 by the State Board of Education with specific reference to this
700 (g) Contracts for assessments.—The commissioner shall
701 provide for the assessments to be developed or obtained, as
702 appropriate, through contracts and project agreements with
703 private vendors, public vendors, public agencies, postsecondary
704 educational institutions, or school districts. The commissioner
705 may enter into contracts for the continued administration of the
706 assessments authorized and funded by the Legislature. Contracts
707 may be initiated in 1 fiscal year and continue into the next
708 fiscal year and may be paid from the appropriations of either or
709 both fiscal years. The commissioner may negotiate for the sale
710 or lease of tests, scoring protocols, test scoring services, and
711 related materials developed pursuant to law.
712 (6) LOCAL ASSESSMENT OF STUDENT PERFORMANCE ON STATE
713 STANDARDS.—Measurement of student performance is the
714 responsibility of school districts except in those subjects and
715 grade levels measured under the statewide, standardized
716 assessment program described in this section and the coordinated
717 screening and progress monitoring system under s. 1008.25(8).
718 When available, instructional personnel must be provided with
719 information on student achievement of standards and benchmarks
720 in order to improve instruction.
721 (7) ASSESSMENT SCHEDULES AND REPORTING OF RESULTS.—
722 (a) The Commissioner of Education shall establish schedules
723 for the administration of statewide, standardized assessments
724 and the reporting of student assessment results. The
725 commissioner shall consider the observance of religious and
726 school holidays when developing the schedules. The assessment
727 and reporting schedules must provide the earliest possible
728 reporting of student assessment results to the school districts.
729 Assessment results for the statewide, standardized ELA and
730 Mathematics assessments and all statewide, standardized EOC
731 assessments must be made available no later than June 30, except
732 for results for the grade 3 statewide, standardized ELA
733 assessment, which must be made available no later than May 31.
734 Beginning with the 2023-2024 school year, assessment results for
735 the statewide, standardized ELA and Mathematics assessments must
736 be available no later than May 31. School districts shall
737 administer statewide, standardized assessments in accordance
738 with the schedule established by the commissioner.
739 (b) By January of each year, the commissioner shall publish
740 on the department’s website a uniform calendar that includes the
741 assessment and reporting schedules for, at a minimum, the next 2
742 school years. The uniform calendar must be provided to school
743 districts in an electronic format that allows each school
744 district and public school to populate the calendar with, at
745 minimum, the following information for reporting the district
746 assessment schedules under paragraph (d):
747 1. Whether the assessment is a district-required assessment
748 or a state-required assessment.
749 2. The specific date or dates that each assessment will be
750 administered, including administrations of the coordinated
751 screening and progress monitoring system under s. 1008.25(8)(b).
752 3. The time allotted to administer each assessment.
753 4. Whether the assessment is a computer-based assessment or
754 a paper-based assessment.
755 5. The grade level or subject area associated with the
757 6. The date that the assessment results are expected to be
758 available to teachers and parents.
759 7. The type of assessment, the purpose of the assessment,
760 and the use of the assessment results.
761 8. A glossary of assessment terminology.
762 9. Estimates of average time for administering state
763 required and district-required assessments, by grade level.
764 (c) The spring administration of the statewide,
765 standardized assessments in paragraphs (3)(a) and (b), excluding
766 assessment retakes, must be in accordance with the following
768 1. The grade 3 statewide, standardized ELA assessment and
769 the writing portion of the statewide, standardized ELA
770 assessment must be administered no earlier than April 1 each
771 year within an assessment window not to exceed 2 weeks.
772 2. With the exception of assessments identified in
773 subparagraph 1., any statewide, standardized assessment that is
774 delivered in a paper-based format must be administered no
775 earlier than May 1 each year within an assessment window not to
776 exceed 2 weeks.
777 3. With the exception of assessments identified in
778 subparagraphs 1. and 2., any statewide, standardized assessment
779 must be administered within a 4-week assessment window that
780 opens no earlier than May 1 each year.
781 (e) A school district may not schedule more than 5 percent
782 of a student’s total school hours in a school year to administer
783 statewide, standardized assessments, the coordinated screening
784 and progress monitoring system under s. 1008.25(8)(b)2., and
785 district-required local assessments. The district must secure
786 written consent from a student’s parent before administering
787 district-required local assessments that, after applicable
788 statewide, standardized assessments and coordinated screening
789 and progress monitoring are scheduled, exceed the 5 percent test
790 administration limit for that student under this paragraph. The
791 5 percent test administration limit for a student under this
792 paragraph may be exceeded as needed to provide test
793 accommodations that are required by an IEP or are appropriate
794 for an English language learner who is currently receiving
795 services in a program operated in accordance with an approved
796 English language learner district plan pursuant to s. 1003.56.
797 Notwithstanding this paragraph, a student may choose within a
798 school year to take an examination or assessment adopted by
799 State Board of Education rule pursuant to this section and ss.
800 1007.27, 1008.30, and 1008.44.
801 (g) A school district must provide a student’s performance
802 results on district-required local assessments to the student’s
803 teachers and parent within 1 week and to the student’s parents
804 no later than 30 days after administering such assessments,
805 unless the superintendent determines in writing that extenuating
806 circumstances exist and reports the extenuating circumstances to
807 the district school board. Results must be made available
808 through a web-based portal as part of the school district’s
809 learning management system and in a printed format upon request
810 by a student’s parent.
811 (h) The results of statewide, standardized assessment in
812 ELA and mathematics, science, and social studies, including
813 assessment retakes, shall be reported in an easy-to-read and
814 understandable format and delivered in time to provide useful,
815 actionable information to students, parents, and each student’s
816 current teacher of record and teacher of record for the
817 subsequent school year; however, in any case, the district shall
818 provide the results pursuant to this paragraph within 1 week
819 after receiving the results from the department. A report of
820 student assessment results must, at a minimum, contain:
821 1. A clear explanation of the student’s performance on the
822 applicable statewide, standardized assessments.
823 2. Information identifying the student’s areas of strength
824 and areas in need of improvement.
825 3. Specific actions that may be taken, and the available
826 resources that may be used, by the student’s parent to assist
827 his or her child based on the student’s areas of strength and
828 areas in need of improvement.
829 4. Longitudinal information, if available, on the student’s
830 progress in each subject area based on previous statewide,
831 standardized assessment data.
832 5. Comparative information showing the student’s score
833 compared to other students in the school district, in the state,
834 or, if available, in other states.
835 6. Predictive information, if available, showing the
836 linkage between the scores attained by the student on the
837 statewide, standardized assessments and the scores he or she may
838 potentially attain on nationally recognized college entrance
841 The information included under this paragraph relating to
842 results from the statewide, standardized ELA assessments for
843 grades 3 through 10 and Mathematics assessments for grades 3
844 through 8 must be included in individual student reports under
845 s. 1008.25(8)(c).
846 (i) The State Board of Education shall adopt rules for the
847 development of the uniform calendar that, at minimum, define
848 terms that must be used in the calendar to describe various
849 assessments, including the terms “progress monitoring,”
850 “summative assessment,” “formative assessment,” and “interim
852 (13) INDEPENDENT REVIEW.—By January 31, 2025, the
853 Commissioner of Education shall provide recommendations to the
854 Governor, the President of the Senate, and the Speaker of the
855 House of Representatives based on an independent review of the
856 coordinated screening and progress monitoring system under s.
857 1008.25(8). At a minimum, the review and recommendations must
859 (a) The feasibility and validity of using results from
860 either the first or second administration of progress
861 monitoring, or both, in lieu of using the comprehensive, end-of
862 year progress monitoring assessment for purposes of
863 demonstrating a passing score, promotion to grade 4, meeting
864 graduation requirements, and calculating school grades in
865 accordance with s. 1008.34.
866 (b) Options for further reducing the statewide,
867 standardized assessment footprint while maintaining valid and
868 reliable data for purposes of school accountability and
869 providing school and student supports, including the use of
870 computer-adaptive assessments, consistent with the requirements
871 of the federal Elementary and Secondary Education Act, 20 U.S.C.
872 ss. 6301 et seq. and its implementing regulations.
873 (c) The feasibility and validity of remotely administering
874 statewide, standardized assessments and the coordinated
875 screening and progress monitoring system.
876 (d) Accelerating student progression based on results from
877 the coordinated screening and progress monitoring system, as
878 academically and developmentally appropriate.
879 (e) The incorporation of content from ELA instructional
880 materials adopted by the Commissioner of Education pursuant to
881 s. 1006.34 in test items within the coordinated screening and
882 progress monitoring system under s. 1008.25(8).
883 (f) The impact of the coordinated screening and progress
884 monitoring system on student learning growth data as measured by
885 the formula approved under s. 1012.34(7).
887 This subsection is repealed July 1, 2025.
888 Section 13. Section 1008.25, Florida Statutes, is amended
889 to read:
890 1008.25 Public school student progression; student support;
891 coordinated screening and progress monitoring; reporting
893 (1) INTENT.—It is the intent of the Legislature that each
894 student’s progression from one grade to another be determined,
895 in part, upon satisfactory performance in English Language Arts,
896 social studies, science, and mathematics; that district school
897 board policies facilitate student achievement; that each student
898 and his or her parent be informed of that student’s academic
899 progress; and that students have access to educational options
900 that provide academically challenging coursework or accelerated
901 instruction pursuant to s. 1002.3105.
902 (2) STUDENT PROGRESSION PLAN.—Each district school board
903 shall establish a comprehensive plan for student progression
904 which must provide for a student’s progression from one grade to
905 another based on the student’s mastery of the standards in s.
906 1003.41, specifically English Language Arts, mathematics,
907 science, and social studies standards. The plan must:
908 (a) Include criteria that emphasize student reading
909 proficiency in kindergarten through grade 3 and provide targeted
910 instructional support for students with identified deficiencies
911 in English Language Arts, mathematics, science, and social
912 studies. High schools shall use all available assessment
913 results, including the results of statewide, standardized
914 English Language Arts assessments and end-of-course assessments
915 for Algebra I and Geometry, to advise students of any identified
916 deficiencies and to provide appropriate postsecondary
917 preparatory instruction before high school graduation. The
918 results of evaluations used to monitor a student’s progress in
919 grades K-12 must be provided to the student’s teacher in a
920 timely manner and as otherwise required by law. Thereafter,
921 evaluation results must be provided to the student’s parent in a
922 timely manner. When available, instructional personnel must be
923 provided with information on student achievement of standards
924 and benchmarks in order to improve instruction.
925 (b)1. List the student eligibility and procedural
926 requirements established by the school district for whole-grade
927 promotion, midyear promotion, and subject-matter acceleration
928 that would result in a student attending a different school,
929 pursuant to s. 1002.3105(2)(b).
930 2. Notify parents and students of the school district’s
931 process by which a parent may request student participation in
932 whole-grade promotion, midyear promotion, or subject-matter
933 acceleration that would result in a student attending a
934 different school, pursuant to s. 1002.3105(4)(b)2.
935 (c)1. Advise parents and students that additional ACCEL
936 options may be available at the student’s school, pursuant to s.
938 2. Advise parents and students to contact the principal at
939 the student’s school for information related to student
940 eligibility requirements for whole-grade promotion, midyear
941 promotion, and subject-matter acceleration when the promotion or
942 acceleration occurs within the principal’s school; virtual
943 instruction in higher grade level subjects; and any other ACCEL
944 options offered by the principal, pursuant to s.
946 3. Advise parents and students to contact the principal at
947 the student’s school for information related to the school’s
948 process by which a parent may request student participation in
949 whole-grade promotion, midyear promotion, and subject-matter
950 acceleration when the promotion or acceleration occurs within
951 the principal’s school; virtual instruction in higher grade
952 level subjects; and any other ACCEL options offered by the
953 principal, pursuant to s. 1002.3105(4)(b)1.
954 (d) Advise parents and students of the early graduation
955 options under s. 1003.4281.
956 (e) List, or incorporate by reference, all dual enrollment
957 courses contained within the dual enrollment articulation
958 agreement established pursuant to s. 1007.271(21).
959 (f) Provide instructional sequences by which students in
960 kindergarten through high school may attain progressively higher
961 levels of skill in the use of digital tools and applications.
962 The instructional sequences must include participation in
963 curricular and instructional options and the demonstration of
964 competence of standards required pursuant to ss. 1003.41 and
965 1003.4203 through attainment of industry certifications and
966 other means of demonstrating credit requirements identified
967 under ss. 1002.3105, 1003.4203, and 1003.4282.
968 (3) ALLOCATION OF RESOURCES.—District school boards shall
969 allocate remedial and supplemental instruction resources to
970 students in the following priority:
971 (a) Students in kindergarten through grade 3 who have a
972 substantial deficiency in reading as determined in paragraph
974 (b) Students who fail to meet performance levels required
975 for promotion consistent with the district school board’s plan
976 for student progression required in subsection (2).
977 (4) ASSESSMENT AND SUPPORT.—
978 (a) Each student must participate in the statewide,
979 standardized assessment program required under s. 1008.22 and
980 the Voluntary Prekindergarten Education Program through grade 8
981 coordinated screening and progress monitoring system required
982 under subsection (8). Each student who does not achieve a Level
983 3 or above on the statewide, standardized English Language Arts
984 assessment, the statewide, standardized Mathematics assessment,
985 or the Algebra I EOC assessment must be evaluated to determine
986 the nature of the student’s difficulty, the areas of academic
987 need, and strategies for providing academic supports to improve
988 the student’s performance.
989 (b) A student who is not meeting the school district or
990 state requirements for satisfactory performance in English
991 Language Arts and mathematics must be covered by one of the
992 following plans:
993 1. A federally required student plan such as an individual
994 education plan;
995 2. A schoolwide system of progress monitoring for all
996 students, except a student who scores Level 4 or above on the
997 English Language Arts and mathematics assessments may be
998 exempted from participation by the principal; or
999 3. An individualized progress monitoring plan.
1000 (c) A student who has a substantial reading deficiency as
1001 determined in paragraph (5)(a) must be covered by a federally
1002 required student plan, such as an individual education plan or
1003 an individualized progress monitoring plan, or both, as
1005 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
1006 (a) Any student in kindergarten through grade 3 who
1007 exhibits a substantial deficiency in reading based upon
1008 screening, diagnostic, progress monitoring, or assessment data;
1009 statewide assessments; or teacher observations must be provided
1010 intensive, explicit, systematic, and multisensory reading
1011 interventions immediately following the identification of the
1012 reading deficiency. A school may not wait for a student to
1013 receive a failing grade at the end of a grading period to
1014 identify the student as having a substantial reading deficiency
1015 and initiate intensive reading interventions. In addition, a
1016 school may not wait until an evaluation conducted pursuant to s.
1017 1003.57 is completed to provide appropriate, evidence-based
1018 interventions for a student whose parent submits documentation
1019 from a professional licensed under chapter 490 which
1020 demonstrates that the student has been diagnosed with dyslexia.
1021 Such interventions must be initiated upon receipt of the
1022 documentation and based on the student’s specific areas of
1023 difficulty as identified by the licensed professional. A
1024 student’s reading proficiency must be monitored and the
1025 intensive interventions must continue until the student
1026 demonstrates grade level proficiency in a manner determined by
1027 the district, which may include achieving a Level 3 on the
1028 statewide, standardized English Language Arts assessment. The
1029 State Board of Education shall identify by rule guidelines for
1030 determining whether a student in kindergarten through grade 3
1031 has a substantial deficiency in reading.
1032 (b) A Voluntary Prekindergarten Education Program student
1033 who exhibits a substantial deficiency in early literacy skills
1034 in accordance with the standards under s. 1002.67(1)(a) and
1035 based upon the results of the administration of the final
1036 coordinated screening and progress monitoring under subsection
1037 (8) s. 1008.2125 shall be referred to the local school district
1038 and may be eligible to receive intensive reading interventions
1039 before participating in kindergarten. Such intensive reading
1040 interventions shall be paid for using funds from the district’s
1041 evidence-based research-based reading instruction allocation in
1042 accordance with s. 1011.62(8) s. 1011.62(9).
1043 (c) To be promoted to grade 4, a student must score a Level
1044 2 or higher on the statewide, standardized English Language Arts
1045 assessment required under s. 1008.22 for grade 3. If a student’s
1046 reading deficiency is not remedied by the end of grade 3, as
1047 demonstrated by scoring Level 2 or higher on the statewide,
1048 standardized assessment required under s. 1008.22 for grade 3,
1049 the student must be retained.
1050 (d) The parent of any student who exhibits a substantial
1051 deficiency in reading, as described in paragraph (a), must be
1052 notified in writing of the following:
1053 1. That his or her child has been identified as having a
1054 substantial deficiency in reading, including a description and
1055 explanation, in terms understandable to the parent, of the exact
1056 nature of the student’s difficulty in learning and lack of
1057 achievement in reading.
1058 2. A description of the current services that are provided
1059 to the child.
1060 3. A description of the proposed intensive interventions
1061 and supports that will be provided to the child that are
1062 designed to remediate the identified area of reading deficiency.
1063 4. That if the child’s reading deficiency is not remediated
1064 by the end of grade 3, the child must be retained unless he or
1065 she is exempt from mandatory retention for good cause.
1066 5. Strategies, including multisensory strategies, through a
1067 read-at-home plan the parent can use in helping his or her child
1068 succeed in reading. The read-at-home plan must provide access to
1069 the resources identified in paragraph (e) paragraph (d).
1070 6. That the statewide, standardized English Language Arts
1071 assessment is not the sole determiner of promotion and that
1072 additional evaluations, portfolio reviews, and assessments are
1073 available to the child to assist parents and the school district
1074 in knowing when a child is reading at or above grade level and
1075 ready for grade promotion.
1076 7. The district’s specific criteria and policies for a
1077 portfolio as provided in subparagraph (6)(b)4. and the evidence
1078 required for a student to demonstrate mastery of Florida’s
1079 academic standards for English Language Arts. A school must
1080 immediately begin collecting evidence for a portfolio when a
1081 student in grade 3 is identified as being at risk of retention
1082 or upon the request of the parent, whichever occurs first.
1083 8. The district’s specific criteria and policies for
1084 midyear promotion. Midyear promotion means promotion of a
1085 retained student at any time during the year of retention once
1086 the student has demonstrated ability to read at grade level.
1087 9. Information about the student’s eligibility for the New
1088 Worlds Reading Initiative under s. 1003.485 and information on
1089 parent training modules and other reading engagement resources
1090 available through the initiative.
1092 After initial notification, the school shall apprise the parent
1093 at least monthly of the student’s progress in response to the
1094 intensive interventions and supports. Such communications must
1095 be in writing and must explain any additional interventions or
1096 supports that will be implemented to accelerate the student’s
1097 progress if the interventions and supports already being
1098 implemented have not resulted in improvement.
1099 (e) The Department of Education shall compile resources
1100 that each school district must incorporate into a read-at-home
1101 plan provided to the parent of a student who is identified as
1102 having a substantial reading deficiency pursuant to paragraph
1103 (d) paragraph (c). The resources must be made available in an
1104 electronic format that is accessible online and must include the
1106 1. Developmentally appropriate, evidence-based strategies
1107 and programming, including links to video training modules and
1108 opportunities to sign up for at-home reading tips delivered
1109 periodically via text and e-mail, which a parent can use to help
1110 improve his or her child’s literacy skills.
1111 2. An overview of the types of assessments used to identify
1112 reading deficiencies and what those assessments measure or do
1113 not measure, the frequency with which the assessments are
1114 administered, and the requirements for interventions and
1115 supports that districts must provide to students who do not make
1116 adequate academic progress.
1117 3. An overview of the process for initiating and conducting
1118 evaluations for exceptional education eligibility. The overview
1119 must include an explanation that a diagnosis of a medical
1120 condition alone is not sufficient to establish exceptional
1121 education eligibility but may be used to document how that
1122 condition relates to the student’s eligibility determination and
1123 may be disclosed in an eligible student’s individual education
1124 plan when necessary to inform school personnel responsible for
1125 implementing the plan.
1126 4. Characteristics of conditions associated with learning
1127 disorders, including dyslexia, dysgraphia, dyscalculia, and
1128 developmental aphasia.
1129 5. A list of resources that support informed parent
1130 involvement in decisionmaking processes for students who have
1131 difficulty in learning.
1133 Upon the request of a parent, resources meeting the requirements
1134 of this paragraph must be provided to the parent in a hardcopy
1136 (6) ELIMINATION OF SOCIAL PROMOTION.—
1137 (a) No student may be assigned to a grade level based
1138 solely on age or other factors that constitute social promotion.
1139 (b) The district school board may only exempt students from
1140 mandatory retention, as provided in paragraph (5)(c), for good
1141 cause. A student who is promoted to grade 4 with a good cause
1142 exemption shall be provided intensive reading instruction and
1143 intervention that include specialized diagnostic information and
1144 specific reading strategies to meet the needs of each student so
1145 promoted. The school district shall assist schools and teachers
1146 with the implementation of explicit, systematic, and
1147 multisensory reading instruction and intervention strategies for
1148 students promoted with a good cause exemption which research has
1149 shown to be successful in improving reading among students who
1150 have reading difficulties. Good cause exemptions are limited to
1151 the following:
1152 1. Limited English proficient students who have had less
1153 than 2 years of instruction in an English for Speakers of Other
1154 Languages program based on the initial date of entry into a
1155 school in the United States.
1156 2. Students with disabilities whose individual education
1157 plan indicates that participation in the statewide assessment
1158 program is not appropriate, consistent with the requirements of
1159 s. 1008.212.
1160 3. Students who demonstrate an acceptable level of
1161 performance on an alternative standardized reading or English
1162 Language Arts assessment approved by the State Board of
1164 4. A student who demonstrates through a student portfolio
1165 that he or she is performing at least at Level 2 on the
1166 statewide, standardized English Language Arts assessment.
1167 5. Students with disabilities who take the statewide,
1168 standardized English Language Arts assessment and who have an
1169 individual education plan or a Section 504 plan that reflects
1170 that the student has received intensive instruction in reading
1171 or English Language Arts for more than 2 years but still
1172 demonstrates a deficiency and was previously retained in
1173 kindergarten, grade 1, grade 2, or grade 3.
1174 6. Students who have received intensive reading
1175 intervention for 2 or more years but still demonstrate a
1176 deficiency in reading and who were previously retained in
1177 kindergarten, grade 1, grade 2, or grade 3 for a total of 2
1178 years. A student may not be retained more than once in grade 3.
1179 (c) Requests for good cause exemptions for students from
1180 the mandatory retention requirement as described in
1181 subparagraphs (b)3. and 4. shall be made consistent with the
1183 1. Documentation shall be submitted from the student’s
1184 teacher to the school principal that indicates that the
1185 promotion of the student is appropriate and is based upon the
1186 student’s academic record. In order to minimize paperwork
1187 requirements, such documentation shall consist only of the
1188 existing progress monitoring plan, individual educational plan,
1189 if applicable, report card, or student portfolio.
1190 2. The school principal shall review and discuss such
1191 recommendation with the teacher and make the determination as to
1192 whether the student should be promoted or retained. If the
1193 school principal determines that the student should be promoted,
1194 the school principal shall make such recommendation in writing
1195 to the district school superintendent. The district school
1196 superintendent shall accept or reject the school principal’s
1197 recommendation in writing.
1198 (7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE
1200 (a) Students retained under paragraph (5)(c) must be
1201 provided intensive interventions in reading to ameliorate the
1202 student’s specific reading deficiency and prepare the student
1203 for promotion to the next grade. These interventions must
1205 1. Evidence-based, explicit, systematic, and multisensory
1206 reading instruction in phonemic awareness, phonics, fluency,
1207 vocabulary, and comprehension and other strategies prescribed by
1208 the school district.
1209 2. Participation in the school district’s summer reading
1210 camp, which must incorporate the instructional and intervention
1211 strategies under subparagraph 1.
1212 3. A minimum of 90 minutes of daily, uninterrupted reading
1213 instruction incorporating the instructional and intervention
1214 strategies under subparagraph 1. This instruction may include:
1215 a. Coordinated integration of content-rich texts in science
1216 and civic literacy within the 90-minute block.
1217 b. Small group instruction.
1218 c. Reduced teacher-student ratios.
1219 d. More frequent progress monitoring.
1220 e. Tutoring or mentoring.
1221 f. Transition classes containing 3rd and 4th grade
1223 g. Extended school day, week, or year.
1224 (b) Each school district shall:
1225 1. Provide written notification to the parent of a student
1226 who is retained under paragraph (5)(c) that his or her child has
1227 not met the achievement proficiency level required for promotion
1228 and the reasons the child is not eligible for a good cause
1229 exemption as provided in paragraph (6)(b). The notification must
1230 comply with paragraph (5)(d) and must include a description of
1231 proposed interventions and supports that will be provided to the
1232 child to remediate the identified areas of reading deficiency.
1233 2. Implement a policy for the midyear promotion of a
1234 student retained under paragraph (5)(c) who can demonstrate that
1235 he or she is a successful and independent reader and performing
1236 at or above grade level in reading or, upon implementation of
1237 English Language Arts assessments, performing at or above grade
1238 level in English Language Arts. Tools that school districts may
1239 use in reevaluating a student retained may include subsequent
1240 assessments, alternative assessments, and portfolio reviews, in
1241 accordance with rules of the State Board of Education. Students
1242 promoted during the school year after November 1 must
1243 demonstrate achievement proficiency levels in reading equivalent
1244 to the level necessary for the beginning of grade 4. The rules
1245 adopted by the State Board of Education must include standards
1246 that provide a reasonable expectation that the student’s
1247 progress is sufficient to master appropriate grade 4 level
1248 reading skills.
1249 3. Provide students who are retained under paragraph
1250 (5)(c), including students participating in the school
1251 district’s summer reading camp under subparagraph (a)2., with a
1252 highly effective teacher who is certified or endorsed in reading
1253 and is rated highly effective as determined by the teacher’s
1254 performance evaluation under s. 1012.34 , and, beginning July 1,
1255 2020, the teacher must also be certified or endorsed in reading.
1256 4. Establish at each school, when applicable, an intensive
1257 reading acceleration course for any student retained in grade 3
1258 who was previously retained in kindergarten, grade 1, or grade
1259 2. The intensive reading acceleration course must provide the
1261 a. Uninterrupted reading instruction for the majority of
1262 student contact time each day and opportunities to master the
1263 grade 4 Next Generation Sunshine state academic standards in
1264 other core subject areas through content-rich texts.
1265 b. Small group instruction.
1266 c. Reduced teacher-student ratios.
1267 d. The use of explicit, systematic, and multisensory
1268 reading interventions, including intensive language, phonics,
1269 and vocabulary instruction, and use of a speech-language
1270 therapist if necessary, that have proven results in accelerating
1271 student reading achievement within the same school year.
1272 e. A read-at-home plan.
1273 (8) COORDINATED SCREENING AND PROGRESS MONITORING SYSTEM.—
1274 (a) The Department of Education, in collaboration with the
1275 Office of Early Learning, shall procure and require the use of a
1276 statewide, standardized coordinated screening and progress
1277 monitoring system for the Voluntary Prekindergarten Education
1278 Program and public schools serving kindergarten through grade 8
1279 students. The system must:
1280 1. Measure student progress in the Voluntary
1281 Prekindergarten Education Program through grade 8 in meeting the
1282 appropriate expectations in early literacy and mathematics
1283 skills and in English Language Arts and mathematics standards as
1284 required by ss. 1002.67(1)(a) and 1003.41 and identify the
1285 educational strengths and needs of students.
1286 2. For students in the Voluntary Prekindergarten Education
1287 Program through grade 3, measure student performance in oral
1288 language development, phonological and phonemic awareness,
1289 knowledge of print and letters, decoding, fluency, vocabulary,
1290 and comprehension, as applicable by grade level, and, at a
1291 minimum, provide interval level and norm-referenced data that
1292 measures equivalent levels of growth.
1293 3. Be a valid, reliable, and developmentally appropriate
1294 computer-based computer- adaptive direct instrument that provides
1295 screening and diagnostic capabilities for monitoring student
1296 progress; identifies students who have a substantial deficiency
1297 in reading, including identifying students with characteristics
1298 of dyslexia and other learning disorders; and informs
1299 instruction. Beginning with the 2023-2024 school year, the
1300 coordinated screening and progress monitoring system must be
1302 4. Provide data for Voluntary Prekindergarten Education
1303 Program accountability as required under s. 1002.68 s. 1002.67.
1304 5. Provide Voluntary Prekindergarten Education Program
1305 providers, school districts, schools, and teachers, and parents
1306 with data and resources that enhance differentiated instruction
1307 and parent communication.
1308 6. Provide baseline data to the department of each
1309 student’s readiness for kindergarten. The determination of
1310 kindergarten readiness must be based on the results of each
1311 student’s initial progress monitoring assessment in
1312 kindergarten. The methodology for determining a student’s
1313 readiness for kindergarten must be developed by the department
1314 and aligned to the methodology adopted pursuant to s.
1316 7. Assess how well educational goals and curricular
1317 standards are met at the provider, school, district, and state
1318 levels and provide information to the department to aid in the
1319 development of educational programs, policies, and supports for
1320 providers, districts, and schools.
1321 (b) Beginning with the 2022-2023 school year, private
1322 Voluntary Prekindergarten Education Program providers and public
1323 schools must participate in the coordinated screening and
1324 progress monitoring system pursuant to this paragraph.
1325 1. For students in the Voluntary Prekindergarten Education
1326 Program through grade 2, the coordinated screening and progress
1327 monitoring system must be administered at least three times
1328 within a program year or school year, as applicable, with the
1329 first administration occurring no later than the first 30
1330 instructional days after a student’s enrollment or the start of
1331 the program year or school year, the second administration
1332 occurring midyear, and the third administration occurring within
1333 the last 30 days of the program or school year pursuant to state
1334 board rule. The state board may adopt alternate timeframes to
1335 address nontraditional school year calendars or summer programs
1336 to ensure the coordinated screening and progress monitoring
1337 program is administered a minimum of three times within a year
1338 or program.
1339 2. For grades 3 through 10 English Language Arts and grades
1340 3 through 8 Mathematics, the coordinated screening and progress
1341 monitoring system must be administered at the beginning, middle,
1342 and end of the school year pursuant to state board rule. The
1343 end-of-year administration of the coordinated screening and
1344 progress monitoring system must be a comprehensive progress
1345 monitoring assessment administered in accordance with the
1346 scheduling requirements under s. 1008.22(7)(c).
1347 (c) To facilitate timely interventions and supports
1348 pursuant to subsection (4), the system must provide results from
1349 the first two administrations of the progress monitoring to a
1350 student’s teacher within 1 week and to the student’s parent
1351 within 2 weeks of the administration of the progress monitoring.
1352 Delivery of results from the comprehensive, end-of-year progress
1353 monitoring ELA assessment for grades 3 through 10 and
1354 Mathematics assessment for grades 3 through 8 must be in
1355 accordance with s. 1008.22(7)(h).
1356 1. A student’s results from the coordinated screening and
1357 progress monitoring system must be recorded in a written, easy
1358 to-comprehend individual student report. Each school district
1359 shall provide a parent secure access to his or her child’s
1360 individual student reports through a web-based portal as part of
1361 its learning management system. Each early learning coalition
1362 shall provide parents the individual student report in a format
1363 determined by state board rule.
1364 2. In addition to the information under subparagraph (a)5.,
1365 the report must also include parent resources that explain the
1366 purpose of progress monitoring, assist the parent in
1367 interpreting progress monitoring results, and support informed
1368 parent involvement. Parent resources may include personalized
1369 video formats.
1370 3. The department shall annually update school districts
1371 and early learning coalitions on new system features and
1372 functionality and collaboratively identify with school districts
1373 and early learning coalitions strategies for meaningfully
1374 reporting to parents results from the coordinated screening and
1375 progress monitoring system.
1376 4. An individual student report must be provided in a
1377 printed format upon a parent’s request.
1378 (c) A Voluntary Prekindergarten Education Program student
1379 who is at risk of being identified as having a substantial
1380 deficiency in early literacy skills, based upon results under
1381 this subsection, must be referred to the school district in
1382 which he or she resides and may be eligible to receive early
1383 literacy instruction and interventions after program completion
1384 and before participating in kindergarten. Such instruction and
1385 interventions may be paid for using funds from the school
1386 district’s evidence-based reading instruction allocation in
1387 accordance with s. 1011.62(9).
1388 (d) Screening and progress monitoring system results,
1389 including the number of students who demonstrate characteristics
1390 of dyslexia, shall be reported to the department pursuant to
1391 state board rule and maintained in the department’s Education
1392 Data Warehouse. Results must be provided to a student’s teacher
1393 and parent in a timely manner as required in s. 1008.22(7)(g).
1394 (e) The department, in collaboration with the Office of
1395 Early Learning, shall provide training and support for effective
1396 implementation of the screening and progress monitoring system.
1397 (9) ANNUAL REPORT.—
1398 (a) In addition to the requirements in paragraph (5)(c),
1399 each district school board must annually report to the parent of
1400 each student the progress of the student toward achieving state
1401 and district expectations for proficiency in English Language
1402 Arts, science, social studies, and mathematics. The district
1403 school board must report to the parent the student’s results on
1404 each statewide, standardized assessment and the coordinated
1405 screening and progress monitoring system under subsection (8).
1406 The evaluation of each student’s progress must be based upon the
1407 student’s classroom work, observations, tests, district and
1408 state assessments, response to intensive interventions provided
1409 under paragraph (5)(a), and other relevant information. Progress
1410 reporting must be provided to the parent in writing in a format
1411 adopted by the district school board and must be accessible
1412 through secure, web-based options.
1413 (b) Each district school board must annually publish on the
1414 district website and in the local newspaper the following
1415 information on the prior school year:
1416 1. The provisions of this section relating to public school
1417 student progression and the district school board’s policies and
1418 procedures on student retention and promotion.
1419 2. By grade, the number and percentage of all students in
1420 grades 3 through 10 performing at Levels 1 and 2 on the
1421 statewide, standardized English Language Arts assessment.
1422 3. By grade, the number and percentage of all students
1423 retained in kindergarten through grade 10.
1424 4. Information on the total number of students who were
1425 promoted for good cause, by each category of good cause as
1426 specified in paragraph (6)(b).
1427 5. Any revisions to the district school board’s policies
1428 and procedures on student retention and promotion from the prior
1430 (10) RULEMAKING.—The State Board of Education shall adopt
1431 rules pursuant to ss. 120.536(1) and 120.54 for the
1432 administration of this section.
1433 Section 14. Subsection (7) is added to section 1008.34,
1434 Florida Statutes, to read:
1435 1008.34 School grading system; school report cards;
1436 district grade.—
1437 (7) TRANSITION.—To assist in the transition to 2022-2023
1438 school grades and district grades calculated based on new
1439 statewide, standardized assessments administered pursuant to s.
1440 1008.22, the 2022-2023 school grades and district grades shall
1441 serve as an informational baseline for schools and districts to
1442 work toward improved performance in future years. Accordingly,
1443 notwithstanding any other provision of law:
1444 (a) Due to the absence of learning gains data in 2022-2023,
1445 the initial school grading scale for the 2022-2023 informational
1446 baseline grades must be set so that the percentage of schools
1447 that earn a grade of “A,” “B,” “C,” “D,” and “F” is
1448 statistically equivalent to the 2021-2022 school grade results.
1449 When learning gains data becomes available in the 2023-2024
1450 school year, the State Board of Education shall review the
1451 school grading scale and determine if the scale should be
1453 (b) A school may not be required to select and implement a
1454 turnaround option pursuant to s. 1008.33 in the 2023-2024 school
1455 year based on the school’s 2022-2023 grade. The benefits of s.
1456 1008.33(4)(c), relating to a school being released from
1457 implementation of the turnaround option, and s. 1008.33(4)(d),
1458 relating to a school implementing strategies identified in its
1459 school improvement plan, apply to a school using turnaround
1460 options pursuant to s. 1008.33 through which the school improves
1461 to a grade of “C” or higher during the 2022-2023 school year.
1462 (c) A school or approved provider under s. 1002.45 which
1463 receives the same or lower school grade for the 2022-2023 school
1464 year compared to the 2021-2022 school year is not subject to
1465 sanctions or penalties that would otherwise occur as a result of
1466 the 2022-2023 school grade or rating. A charter school system or
1467 school district designated as high performing may not lose the
1468 designation based on the 2022-2023 school grades of any of the
1469 schools within the charter school system or school district or
1470 based on the 2022-2023 district grade, as applicable.
1471 (d) Notwithstanding the requirements in s. 1008.25(5), a
1472 student may be promoted to grade 4 in the 2023-2024 school year
1473 following the 2022-2023 school year’s assessment reporting if
1474 the district is able to determine a student’s performance based
1475 on either the good cause exemption process provided in s.
1476 1008.25 or other means reasonably calculated to provide reliable
1477 evidence of a student’s performance.
1478 (e) This subsection is repealed July 1, 2025.
1479 Section 15. Subsection (7) is added to section 1008.341,
1480 Florida Statutes, to read:
1481 1008.341 School improvement rating for alternative
1483 (7) TRANSITION.—
1484 (a) Due to the absence of learning gains data for the 2022
1485 2023 school year, school improvement ratings will not be
1486 calculated for that school year. Upon the availability of
1487 learning gains data for the 2023-2024 school year, the State
1488 Board of Education shall set the scale for the “commendable,”
1489 “maintaining,” and “unsatisfactory” ratings pursuant to rule.
1490 (b) This subsection is repealed July 1, 2025.
1491 Section 16. This act shall take effect July 1, 2022.
1493 ================= T I T L E A M E N D M E N T ================
1494 And the title is amended as follows:
1495 Delete everything before the enacting clause
1496 and insert:
1497 A bill to be entitled
1498 An act relating to student assessments; amending s.
1499 411.227, F.S.; conforming provisions to changes made
1500 by the act; amending s. 1000.21, F.S.; renaming “Next
1501 Generation Sunshine State Standards” as “state
1502 academic standards”; amending ss. 1002.37, 1002.45,
1503 1002.53, 1002.67, 1002.68, 1003.41, and 1003.53, F.S.;
1504 conforming provisions to changes made by the act;
1505 providing a directive to the Division of Law Revision;
1506 amending s. 1008.2125, F.S.; deleting provisions
1507 relating to the coordinated screening and progress
1508 monitoring program; conforming a cross-reference and
1509 provisions to changes made by the act; amending s.
1510 1008.22, F.S.; conforming provisions to changes made
1511 by the act; providing that certain end-of-year
1512 comprehensive progress monitoring assessments are the
1513 statewide, standardized ELA and Mathematics
1514 assessments for certain students; providing that
1515 achievement levels on specified assessments shall
1516 measure grade-level performance rather than
1517 satisfactory performance; requiring certain assessment
1518 results to be provided by a specified date beginning
1519 with a certain school year; including the coordinated
1520 screening and progress monitoring system in the
1521 limitation on the school hours authorized for testing;
1522 revising the timeframe for providing district-required
1523 local assessments results to a student’s parent;
1524 requiring such results to be provided in specified
1525 formats; requiring specified information to be
1526 included on individual student reports; requiring the
1527 Commissioner of Education to provide specified
1528 recommendations from an independent review of the
1529 coordinated screening and progress monitoring system
1530 to the Governor and Legislature by a specified date;
1531 providing requirements for the review and
1532 recommendations; providing for the future repeal of
1533 such requirements; amending s. 1008.25, F.S.;
1534 conforming provisions to changes made by the act;
1535 requiring the coordinated screening and progress
1536 monitoring system to identify the educational
1537 strengths and needs of students; revising requirements
1538 for such system; providing requirements for the
1539 administration of the coordinated screenings and
1540 progress monitoring and the reporting of results;
1541 requiring a specified annual report to be accessible
1542 through certain web-based options; deleting a
1543 requirement that district school boards print
1544 specified information in a local newspaper; amending
1545 s. 1008.34, F.S.; requiring 2022-2023 school and
1546 school district grades to serve as an informal
1547 baseline for schools and school districts; requiring
1548 baseline grades to be set so that the percentage of
1549 schools that earn specified letter grades is
1550 statistically equivalent to the 2021-2022 school grade
1551 results; requiring the State Board of Education to
1552 review the school grading scale and determine if the
1553 scale should be adjusted after certain data becomes
1554 available; prohibiting a school from being required to
1555 select and implement a turnaround option based on the
1556 school’s grades in a specified school year; providing
1557 applicability; providing that certain public schools
1558 and approved providers that receive the same or lower
1559 school grade in a specified school year are not
1560 subject to sanctions; providing that a charter school
1561 system or school district designated as high
1562 performing may not lose the designation based on the
1563 school grades received during a certain school year by
1564 any of the schools within the charter school system or
1565 school district or based on a certain school year’s
1566 district grade, as applicable; authorizing students to
1567 be promoted to grade 4 if the district is able to
1568 determine the student’s performance based on specified
1569 means; providing for future repeal; amending s.
1570 1008.341, F.S.; providing that school improvement
1571 ratings will not be calculated for a certain school
1572 year; requiring the state board to set the scale for
1573 certain ratings based on state board rule; providing
1574 for future repeal; providing an effective date.