Florida Senate - 2022 SB 1048
By Senator Diaz
36-01099A-22 20221048__
1 A bill to be entitled
2 An act relating to student assessments; amending s.
3 1008.2125, F.S.; revising the grade levels for which
4 the coordinated screening and monitoring program
5 measures student progress in the Voluntary
6 Prekindergarten Education Program; revising
7 requirements for the coordinated screening and
8 progress monitoring program; deleting obsolete
9 language; amending s. 1008.22, F.S.; revising
10 requirements for the statewide, standardized
11 comprehensive assessments program, beginning with a
12 specified school year; specifying the achievement
13 level for grade-level performance on an assessment;
14 providing that passing scores for mathematics and
15 English Language Assessment statewide, standardized
16 assessments represent grade-level performance;
17 revising the date by which standardized end-of-course
18 assessment results must be made available; deleting a
19 requirement that certain statewide, standardized
20 assessments be delivered in a paper-based format be
21 administered within a specified timeframe; specifying
22 parental rights to know student academic progress;
23 requiring school districts to provide a student’s
24 performance results on district-required local
25 assessments to the student’s parents within 1 week
26 after administering the assessments; authorizing
27 school districts to report the results of statewide,
28 standardized assessments in a personalized video
29 format; requiring school districts to provide a
30 written report from the coordinated screening and
31 progress monitoring system in a printed or electronic
32 format and to include a web-based portal for specified
33 purposes; requiring school districts to annually
34 provide an update to the Department of Education on
35 strategies deployed to comply with certain parental
36 reporting requirements; requiring the Commissioner of
37 Education to provide recommendations on additional
38 ways to streamline testing in a report to the Governor
39 and the Legislature by a specified date; providing
40 requirements for the report; amending s. 1008.25,
41 F.S.; deleting obsolete language; requiring that
42 progress monitoring include both a web-based and
43 mobile device-compatible option; deleting a
44 requirement that district school boards annually
45 publish certain information in a local newspaper;
46 amending s. 1008.34, F.S.; requiring 2022-2023 school
47 and school district grades to serve as an informal
48 baseline for schools and school districts; requiring
49 baseline grades to be set so that the percentage of
50 schools that earn specified letter grades is
51 statistically equivalent to the 2021-2022 school grade
52 results; requiring the state board to review the
53 school grading scale and determine if the scale should
54 be adjusted after certain data becomes available;
55 prohibiting a school from being required to select and
56 implement a turnaround option based on the school’s
57 grades in a specified school year; providing
58 applicability; providing that certain public schools
59 and approved providers that receive the same or lower
60 school grade in a specified school year are not
61 subject to sanctions; providing that a charter school
62 system or school district designated as high
63 performing may not lose the designation based on the
64 school grades received during a certain school year of
65 any of the schools within the charter school system or
66 school district or based on a certain school year’s
67 district grade, as applicable; authorizing students to
68 be promoted to grade 4 if the district is able to
69 determine the student’s performance based on specified
70 means; providing for future repeal; amending s.
71 1008.341, F.S.; providing that school improvement
72 ratings will not be calculated for a certain school
73 year; requiring the state board to set the scale for
74 certain ratings based on state board rule; providing
75 for future repeal; amending ss. 1008.345, 1008.365,
76 and 1011.62, F.S.; conforming provisions and cross
77 references to changes made by the act; providing an
78 effective date.
79
80 Be It Enacted by the Legislature of the State of Florida:
81
82 Section 1. Section 1008.2125, Florida Statutes, is amended
83 to read:
84 1008.2125 Coordinated screening and progress monitoring
85 program for students in the Voluntary Prekindergarten Education
86 Program through grade 2 3.—
87 (1) The primary purpose of the coordinated screening and
88 progress monitoring program for students in the Voluntary
89 Prekindergarten Education Program through grade 2 3 is to
90 provide information on students’ progress in mastering the
91 appropriate grade-level standards and to provide information on
92 their progress to parents, teachers, and school and program
93 administrators. Data shall be used by Voluntary Prekindergarten
94 Education Program providers and school districts to improve
95 instruction, by parents and teachers to guide learning
96 objectives and provide timely and appropriate supports and
97 interventions to students not meeting grade-level expectations,
98 and by the public to assess the cost benefit of the expenditure
99 of taxpayer dollars. The coordinated screening and progress
100 monitoring program must:
101 (a) Measure student progress in the Voluntary
102 Prekindergarten Education Program through grade 2 3 in meeting
103 the appropriate expectations in early literacy and math skills
104 and in English Language Arts and mathematics, as required by ss.
105 1002.67(1)(a) and 1003.41.
106 (b) Measure student performance in oral language
107 development, phonological and phonemic awareness, knowledge of
108 print and letters, decoding, encoding, fluency, vocabulary, and
109 comprehension, as applicable, by grade level.
110 (c) Be a valid, reliable, and developmentally appropriate
111 computer-based direct instrument that provides screening and
112 diagnostic capabilities for monitoring student progress,
113 identifies students who have a substantial deficiency in
114 reading, including identifying students with characteristics of
115 dyslexia, and informs instruction.
116 (d) Provide data for accountability of the Voluntary
117 Prekindergarten Education Program, as required by s. 1002.68.
118 (e)(c) Provide baseline data to the department of each
119 student’s readiness for kindergarten, which must be based on
120 each kindergarten student’s progress monitoring results that was
121 administered no later than the first 30 instructional days in
122 accordance with paragraph (2)(a). The methodology for
123 determining a student’s readiness for kindergarten shall be
124 developed by the department and aligned to the methodology
125 adopted pursuant to s. 1002.68(4). For the purposes of adopting
126 a methodology for voluntary prekindergarten performance metrics
127 pursuant to s. 1002.68(4), the department may consider progress
128 monitoring results of the grade 3 progress monitoring assessment
129 as conducted in s. 1008.22(3)(a).
130 (f)(d) Identify the educational strengths and needs of
131 students in the Voluntary Prekindergarten Education Program
132 through grade 2 3.
133 (g)(e) Provide teachers with progress monitoring data to
134 provide timely interventions and supports pursuant to s.
135 1008.25(4).
136 (h) Provide Voluntary Prekindergarten Education Program
137 providers, school districts, schools, and teachers with data and
138 resources that enhance differentiated instruction and parent
139 communication.
140 (i)(f) Assess how well educational goals and curricular
141 standards are met at the provider, school, district, and state
142 levels.
143 (j)(g) Provide information to the department to aid in the
144 evaluation and development of educational programs, and
145 policies, and supports for providers, districts, and schools.
146 (2) The Commissioner of Education shall design a statewide,
147 standardized coordinated screening and progress monitoring
148 program to assess early literacy and mathematics skills and the
149 English Language Arts and mathematics standards established in
150 ss. 1002.67(1)(a) and 1003.41, respectively. The coordinated
151 screening and progress monitoring program must provide interval
152 level and norm-referenced data that measures equivalent levels
153 of growth; be a developmentally appropriate, valid, and reliable
154 direct assessment; be able to capture data on students who may
155 be performing below grade or developmental level and which may
156 enable the identification of early indicators of dyslexia or
157 other developmental delays; accurately measure the core content
158 in the applicable grade level standards; document learning gains
159 for the achievement of these standards; and provide teachers
160 with progress monitoring supports and materials that enhance
161 differentiated instruction and parent communication.
162 Participation in the coordinated screening and progress
163 monitoring program is mandatory for all students in the
164 Voluntary Prekindergarten Education Program and enrolled in a
165 public school in kindergarten through grade 3. The coordinated
166 screening and progress monitoring program shall be implemented
167 beginning in the 2022-2023 school year for students in the
168 Voluntary Prekindergarten Education Program and kindergarten
169 students, as follows:
170 (a) The coordinated screening and progress monitoring
171 program shall be administered within the first 30 days after
172 enrollment, midyear, and within the last 30 days of the program
173 or school year, in accordance with the rules adopted by the
174 State Board of Education. The state board may adopt alternate
175 timeframes to address nontraditional school year calendars or
176 summer programs to ensure the coordinated screening and progress
177 monitoring program is administered a minimum of three times
178 within a year or program.
179 (b) The results of the coordinated screening and progress
180 monitoring program shall be reported to the department, in
181 accordance with the rules adopted by the state board, and
182 maintained in the department’s educational data warehouse.
183 (3) The Commissioner of Education shall:
184 (a) Develop a plan, in coordination with the Council for
185 Early Grade Success, for implementing the coordinated screening
186 and progress monitoring program in consideration of timelines
187 for implementing new early literacy and mathematics skills and
188 the English Language Arts and mathematics standards established
189 in ss. 1002.67(1)(a) and 1003.41, as appropriate.
190 (b) Provide data, reports, and information as requested to
191 the Council for Early Grade Success.
192 (4) The Council for Early Grade Success, a council as
193 defined in s. 20.03(7), is created within the Department of
194 Education to oversee the coordinated screening and progress
195 monitoring program and, except as otherwise provided in this
196 section, shall operate consistent with s. 20.052.
197 (a) The council shall be responsible for reviewing the
198 implementation of, training for, and outcomes from the
199 coordinated screening and progress monitoring program to provide
200 recommendations to the department that support grade 3 students
201 reading at or above grade level. The council, at a minimum,
202 shall:
203 1. Provide recommendations on the implementation of the
204 coordinated screening and progress monitoring program, including
205 reviewing any procurement solicitation documents and criteria
206 before being published.
207 2. Develop training plans and timelines for such training.
208 3. Identify appropriate personnel, processes, and
209 procedures required for the administration of the coordinated
210 screening and progress monitoring program.
211 4. Provide input on the methodology for calculating a
212 provider’s or school’s performance metric and designations under
213 s. 1002.68(4).
214 5. Work with the department to review the methodology for
215 determining a child’s kindergarten readiness.
216 6. Review data on age-appropriate learning gains by grade
217 level that a student would need to attain in order to
218 demonstrate proficiency in reading by grade 3.
219 7. Continually review anonymized data from the results of
220 the coordinated screening and progress monitoring program for
221 students in the Voluntary Prekindergarten Education Program
222 through grade 2 3 to help inform recommendations to the
223 department that support practices that will enable grade 3
224 students to read at or above grade level.
225 (b) The council shall be composed of 17 members who are
226 residents of the state and appointed as follows:
227 1. Three members appointed by the Governor, as follows:
228 a. One representative from the Department of Education.
229 b. One parent of a child who is 4 to 9 years of age.
230 c. One representative that is an elementary school
231 administrator.
232 2. Seven members appointed by the President of the Senate,
233 as follows:
234 a. One senator who serves at the pleasure of the President
235 of the Senate.
236 b. One representative of an urban school district.
237 c. One representative of a rural early learning coalition.
238 d. One representative of a faith-based early learning
239 provider who offers the Voluntary Prekindergarten Education
240 Program.
241 e. One representative who is a second grade teacher who has
242 at least 5 years of teaching experience.
243 f. Two representatives with subject matter expertise in
244 early learning, early grade success, or child assessments.
245 3. Seven members appointed by the Speaker of the House of
246 Representatives, as follows:
247 a. One member of the House of Representatives who serves at
248 the pleasure of the Speaker of the House.
249 b. One representative of a rural school district.
250 c. One representative of an urban early learning coalition.
251 d. One representative of an early learning provider who
252 offers the Voluntary Prekindergarten Education Program.
253 e. One member who is a kindergarten teacher who has at
254 least 5 years of teaching experience.
255 f. Two representatives with subject matter expertise in
256 early learning, early grade success, or child assessment.
257 4. The four representatives with subject matter expertise
258 in sub-subparagraphs 2.f. and 3.f. may not be direct
259 stakeholders within the early learning or public school systems.
260 (5) The council shall elect a chair and vice chair, one of
261 whom must be a member who has subject matter expertise in early
262 learning, early grade success, or child assessments. The vice
263 chair must be a member appointed by the President of the Senate
264 or the Speaker of the House of Representatives who is not one of
265 the four members with subject matter expertise in early
266 learning, early grade success, or child assessments appointed
267 pursuant to sub-subparagraphs (4)(b)2.f. and 3.f. Members of the
268 council shall serve without compensation but are entitled to
269 reimbursement for per diem and travel expenses pursuant to s.
270 112.061.
271 (6) The council must meet at least biannually and may meet
272 by teleconference or other electronic means, if possible, to
273 reduce costs.
274 (7) A majority of the members constitutes a quorum.
275 Section 2. Present subsections (8) through (12) of section
276 1008.22, Florida Statutes, are redesignated as subsections (9)
277 through (13), respectively, present subsection (13) is
278 redesignated as subsection (15), a new subsection (8) and
279 subsection (14) are added to that section, and subsections (3)
280 and (7) of that section are amended, to read:
281 1008.22 Student assessment program for public schools.—
282 (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
283 Commissioner of Education shall design and implement a
284 statewide, standardized assessment program aligned to the core
285 curricular content established in the educational standards
286 under s. 1003.41 Next Generation Sunshine State Standards. The
287 commissioner also must develop or select and implement a common
288 battery of assessment tools that will be used in all juvenile
289 justice education programs in this the state. These tools must
290 accurately measure the core curricular content established in
291 the educational standards under s. 1003.41 Next Generation
292 Sunshine State Standards. Participation in the assessment
293 program is mandatory for all school districts and all students
294 attending public schools, including adult students seeking a
295 standard high school diploma under s. 1003.4282 and students in
296 Department of Juvenile Justice education programs, except as
297 otherwise provided by law. If a student does not participate in
298 the assessment program, the school district must notify the
299 student’s parent and provide the parent with information
300 regarding the implications of such nonparticipation. The
301 statewide, standardized assessment program shall be designed and
302 implemented as follows:
303 (a) Statewide, standardized comprehensive assessments and
304 coordinated screening and progress monitoring system.—Beginning
305 with the 2022-2023 school year, the statewide, standardized
306 comprehensive assessments and coordinated screening and progress
307 monitoring system must include the following:
308 1. Statewide, standardized English Language Arts (ELA)
309 assessments with screening and progress monitoring administered
310 to students in grades 3 through 10 three times a year. The
311 assessments with screening and progress monitoring must be
312 organized as follows:
313 a. Screening and progress monitoring administered at the
314 beginning of the school year and the middle of the school year
315 pursuant to schedules established by the State Board of
316 Education. To support student performance and academic growth
317 throughout the school year, the screening and progress
318 monitoring must:
319 (I) Measure student progress in grades 3 through 10 in
320 meeting the appropriate expectations in the English Language
321 Arts standards required by s. 1003.41.
322 (II) Be a valid, reliable, and developmentally appropriate
323 computer-based direct instrument that provides screening and
324 diagnostic capabilities for monitoring student progress,
325 identifies students who have a substantial deficiency in
326 reading, including identifying students with characteristics of
327 dyslexia, and informs instruction.
328 (III) Provide results to a student’s teacher and parents in
329 a timely manner, with results provided to the student’s teacher
330 within 1 week and to the student’s parents within 2 weeks.
331 (IV) Provide students, teachers, and parents with
332 actionable feedback during the school year to tailor instruction
333 aimed at improved student outcomes in ELA.
334 (V) Provide information to the department to aid in the
335 development of educational programs, policies, and supports for
336 districts and schools.
337 b. An end-of-year comprehensive assessment of student
338 progress administered in the spring of the school year pursuant
339 to the schedule required in paragraph (7)(c). The results of the
340 end-of-year comprehensive assessment of student progress must be
341 used for accountability purposes as required by ss. 1008.34,
342 1008.341, and 1008.3415 and for assessment graduation
343 requirements pursuant to s. 1003.4282(3)(a). Opportunities must
344 be provided to retake the grade 10 ELA end-of-year comprehensive
345 assessment of student progress. Reading passages and writing
346 prompts must incorporate grade-level core curricula content from
347 social studies. In order to earn a standard high school diploma,
348 a student who has not earned a passing score on the grade 10 ELA
349 end-of-year comprehensive assessment of student progress must
350 earn a passing score on the assessment retake or earn a
351 concordant score as authorized under subsection (10).
352 2. Statewide, standardized mathematics assessments with
353 screening and progress monitoring administered to students in
354 grades 3 through 8 three times a year. The assessments with
355 screening and progress monitoring must be administered as
356 follows:
357 a. Screening and progress monitoring administered at the
358 beginning of the school year and the middle of the school year
359 pursuant to a schedule established by the State Board of
360 Education. To support student performance and academic growth
361 throughout the school year, the screening and progress
362 monitoring must:
363 (I) Measure student progress in grades 3 through 8 in
364 meeting the appropriate expectations in the mathematics
365 standards required by s. 1003.41.
366 (II) Be a valid, reliable, and developmentally appropriate
367 computer-based direct instrument that provides screening and
368 diagnostic capabilities for monitoring student progress,
369 identifies students who have a substantial deficiency in
370 mathematics, and informs instruction.
371 (III) Provide results to a student’s teacher and parents in
372 a timely manner, with results provided to the student’s teacher
373 within 1 week and to the student’s parents within 2 weeks.
374 (IV) Provide students, teachers, and parents with
375 actionable feedback during the school year to tailor instruction
376 aimed at improved student outcomes in mathematics.
377 (V) Provide information to the department to aid in the
378 development of educational programs, policies, and supports for
379 districts and schools.
380 b. An end-of-year comprehensive assessment of student
381 progress administered in the spring of the school year pursuant
382 to the schedule required in paragraph (7)(c). The results of the
383 end-of-year comprehensive assessment must be used for
384 accountability purposes as required by ss. 1008.34, 1008.341,
385 and 1008.3415.
386 3. Statewide, standardized science assessments administered
387 annually at least once at the elementary and middle grades
388 levels The statewide, standardized English Language Arts (ELA)
389 assessments shall be administered to students in grades 3
390 through 10. Retake opportunities for the grade 10 ELA assessment
391 must be provided. Reading passages and writing prompts for ELA
392 assessments shall incorporate grade-level core curricula content
393 from social studies. The statewide, standardized Mathematics
394 assessments shall be administered annually in grades 3 through
395 8. The statewide, standardized Science assessment shall be
396 administered annually at least once at the elementary and middle
397 grades levels. In order to earn a standard high school diploma,
398 a student who has not earned a passing score on the grade 10 ELA
399 assessment must earn a passing score on the assessment retake or
400 earn a concordant score as authorized under subsection (9).
401 Statewide, standardized ELA and Mathematics assessments in
402 grades 3 through 6 must be delivered in a paper-based format.
403 (b) End-of-course (EOC) assessments.—EOC assessments must
404 be statewide, standardized, and developed or approved by the
405 Department of Education as follows:
406 1. EOC assessments for Algebra I, Geometry, Biology I,
407 United States History, and Civics shall be administered to
408 students enrolled in such courses as specified in the course
409 code directory.
410 2. Students enrolled in a course, as specified in the
411 course code directory, with an associated statewide,
412 standardized EOC assessment must take the EOC assessment for
413 such course and may not take the corresponding subject or grade
414 level statewide, standardized assessment pursuant to paragraph
415 (a). Sections 1003.4156 and 1003.4282 govern the use of
416 statewide, standardized EOC assessment results for students.
417 3. The commissioner may select one or more nationally
418 developed comprehensive examinations, which may include
419 examinations for a College Board Advanced Placement course,
420 International Baccalaureate course, or Advanced International
421 Certificate of Education course, or industry-approved
422 examinations to earn national industry certifications identified
423 in the CAPE Industry Certification Funding List, for use as EOC
424 assessments under this paragraph if the commissioner determines
425 that the content knowledge and skills assessed by the
426 examinations meet or exceed the grade-level expectations for the
427 core curricular content established for the course in the Next
428 Generation Sunshine State Standards. Use of any such examination
429 as an EOC assessment must be approved by the state board in
430 rule.
431 4. Contingent upon funding provided in the General
432 Appropriations Act, including the appropriation of funds
433 received through federal grants, the commissioner may establish
434 an implementation schedule for the development and
435 administration of additional statewide, standardized EOC
436 assessments that must be approved by the state board in rule. If
437 approved by the state board, student performance on such
438 assessments constitutes 30 percent of a student’s final course
439 grade.
440 5. All statewide, standardized EOC assessments must be
441 administered online except as otherwise provided in paragraph
442 (d).
443 6. A student enrolled in an Advanced Placement (AP),
444 International Baccalaureate (IB), or Advanced International
445 Certificate of Education (AICE) course who takes the respective
446 AP, IB, or AICE assessment and earns the minimum score necessary
447 to earn college credit, as identified in s. 1007.27(2), meets
448 the requirements of this paragraph and does not have to take the
449 EOC assessment for the corresponding course.
450 (c) Nationally recognized high school assessments.—Each
451 school district shall, by the 2021-2022 school year and subject
452 to appropriation, select either the SAT or ACT for districtwide
453 administration to each public school student in grade 11,
454 including students attending public high schools, alternative
455 schools, and Department of Juvenile Justice education programs.
456 (d) Students with disabilities; Florida Alternate
457 Assessment.—
458 1. Each district school board must provide instruction to
459 prepare students with disabilities in the core content knowledge
460 and skills necessary for successful grade-to-grade progression
461 and high school graduation.
462 2. A student with a disability, as defined in s. 1007.02,
463 for whom the individual education plan (IEP) team determines
464 that the statewide, standardized assessments under this section
465 cannot accurately measure the student’s abilities, taking into
466 consideration all allowable accommodations, shall have
467 assessment results waived for the purpose of receiving a course
468 grade and a standard high school diploma. Such waiver shall be
469 designated on the student’s transcript. The statement of waiver
470 shall be limited to a statement that performance on an
471 assessment was waived for the purpose of receiving a course
472 grade or a standard high school diploma, as applicable.
473 3. The State Board of Education shall adopt rules, based
474 upon recommendations of the commissioner, for the provision of
475 assessment accommodations for students with disabilities and for
476 students who have limited English proficiency.
477 a. Accommodations that negate the validity of a statewide,
478 standardized assessment are not allowed during the
479 administration of the assessment. However, instructional
480 accommodations are allowed in the classroom if identified in a
481 student’s IEP. Students using instructional accommodations in
482 the classroom that are not allowed on a statewide, standardized
483 assessment may have assessment results waived if the IEP team
484 determines that the assessment cannot accurately measure the
485 student’s abilities.
486 b. If a student is provided with instructional
487 accommodations in the classroom which that are not allowed as
488 accommodations for statewide, standardized assessments, the
489 district must inform the parent in writing and provide the
490 parent with information regarding the impact on the student’s
491 ability to meet expected performance levels. A parent must
492 provide signed consent for a student to receive classroom
493 instructional accommodations that would not be available or
494 permitted on a statewide, standardized assessment and
495 acknowledge in writing that he or she understands the
496 implications of such instructional accommodations.
497 c. If a student’s IEP states that online administration of
498 a statewide, standardized assessment will significantly impair
499 the student’s ability to perform, the assessment shall be
500 administered in hard copy.
501 4. For students with significant cognitive disabilities,
502 the Department of Education shall provide for implementation of
503 the Florida Alternate Assessment to accurately measure the core
504 curricular content established in the educational standards
505 pursuant to s. 1003.41 Next Generation Sunshine State Standards.
506 (e) Assessment scores and achievement levels.—
507 1. All statewide, standardized EOC assessments and ELA,
508 mathematics, and science assessments shall use scaled scores and
509 achievement levels. Achievement levels shall range from 1
510 through 5, with level 1 being the lowest achievement level,
511 level 5 being the highest achievement level, and level 3
512 indicating grade-level satisfactory performance on an
513 assessment.
514 2. The state board shall designate by rule a passing score
515 for each statewide, standardized assessment. Passing scores for
516 math and ELA statewide, standardized assessments represent
517 grade-level performance.
518 3. If the commissioner seeks to revise a statewide,
519 standardized assessment and the revisions require the state
520 board to modify performance level scores, including the passing
521 score, the commissioner must shall provide a copy of the
522 proposed scores and implementation plan to the President of the
523 Senate and the Speaker of the House of Representatives at least
524 30 90 days before submission to the state board for review.
525 Until the state board adopts the modifications by rule, the
526 commissioner shall use calculations for scoring the assessment
527 that adjust student scores on the revised assessment for
528 statistical equivalence to student scores on the former
529 assessment. The state board shall adopt by rule the passing
530 score for the revised assessment that is statistically
531 equivalent to the passing score on the discontinued assessment
532 for a student who is required to attain a passing score on the
533 discontinued assessment. The commissioner may, with approval of
534 the state board, discontinue administration of the former
535 assessment upon the graduation, based on normal student
536 progression, of students participating in the final regular
537 administration of the former assessment. If the commissioner
538 revises a statewide, standardized assessment and the revisions
539 require the state board to modify the passing score, only
540 students taking the assessment for the first time after the rule
541 is adopted are affected.
542 (f) Prohibited activities.—A district school board shall
543 prohibit each public school from suspending a regular program of
544 curricula for purposes of administering practice assessments or
545 engaging in other assessment-preparation activities for a
546 statewide, standardized assessment. However, a district school
547 board may authorize a public school to engage in the following
548 assessment-preparation activities:
549 1. Distributing to students sample assessment books and
550 answer keys published by the Department of Education.
551 2. Providing individualized instruction in assessment
552 taking strategies, without suspending the school’s regular
553 program of curricula, for a student who scores Level 1 or Level
554 2 on a prior administration of an assessment.
555 3. Providing individualized instruction in the content
556 knowledge and skills assessed, without suspending the school’s
557 regular program of curricula, for a student who scores Level 1
558 or Level 2 on a prior administration of an assessment or a
559 student who, through a diagnostic assessment administered by the
560 school district, is identified as having a deficiency in the
561 content knowledge and skills assessed.
562 4. Administering a practice assessment or engaging in other
563 assessment-preparation activities that are determined necessary
564 to familiarize students with the organization of the assessment,
565 the format of assessment items, and the assessment directions or
566 that are otherwise necessary for the valid and reliable
567 administration of the assessment, as set forth in rules adopted
568 by the State Board of Education with specific reference to this
569 paragraph.
570 (g) Contracts for assessments.—The commissioner shall
571 provide for the assessments to be developed or obtained, as
572 appropriate, through contracts and project agreements with
573 private vendors, public vendors, public agencies, postsecondary
574 educational institutions, or school districts. The commissioner
575 may enter into contracts for the continued administration of the
576 assessments authorized and funded by the Legislature. Contracts
577 may be initiated in 1 fiscal year and continue into the next
578 fiscal year and may be paid from the appropriations of either or
579 both fiscal years. The commissioner may negotiate for the sale
580 or lease of tests, scoring protocols, test scoring services, and
581 related materials developed pursuant to law.
582 (7) ASSESSMENT SCHEDULES AND REPORTING OF RESULTS.—
583 (a) The Commissioner of Education shall establish schedules
584 for the administration of statewide, standardized assessments
585 and the reporting of student assessment results. The
586 commissioner shall consider the observance of religious and
587 school holidays when developing the schedules. The assessment
588 and reporting schedules must provide the earliest possible
589 reporting of student assessment results to the school districts.
590 Assessment results for the statewide, standardized ELA and
591 mathematics assessments and all statewide, standardized EOC
592 assessments must be made available no later than June 30, except
593 for results for the grade 3 statewide, standardized ELA
594 assessment, which must be made available no later than May 31.
595 School districts shall administer statewide, standardized
596 assessments in accordance with the schedule established by the
597 commissioner.
598 (b) By January of each year, the commissioner shall publish
599 on the department’s website a uniform calendar that includes the
600 assessment and reporting schedules for, at a minimum, the next 2
601 school years. The uniform calendar must be provided to school
602 districts in an electronic format that allows each school
603 district and public school to populate the calendar with, at a
604 minimum, the following information for reporting the district
605 assessment schedules under paragraph (d):
606 1. Whether the assessment is a district-required assessment
607 or a state-required assessment.
608 2. The specific date or dates that each assessment will be
609 administered.
610 3. The time allotted to administer each assessment.
611 4. Whether the assessment is a computer-based assessment or
612 a paper-based assessment.
613 5. The grade level or subject area associated with the
614 assessment.
615 6. The date that the assessment results are expected to be
616 available to teachers and parents.
617 7. The type of assessment, the purpose of the assessment,
618 and the use of the assessment results.
619 8. A glossary of assessment terminology.
620 9. Estimates of average time for administering state
621 required and district-required assessments, by grade level.
622 (c) The spring administration of the statewide,
623 standardized assessments in paragraphs (3)(a) and (b), excluding
624 assessment retakes, must be in accordance with the following
625 schedule:
626 1. The grade 3 statewide, standardized ELA assessment and
627 the writing portion of the statewide, standardized ELA
628 assessment must be administered no earlier than April 1 each
629 year within an assessment window not to exceed 2 weeks.
630 2. With the exception of assessments identified in
631 subparagraph 1., any statewide, standardized assessment that is
632 delivered in a paper-based format must be administered no
633 earlier than May 1 each year within an assessment window not to
634 exceed 2 weeks.
635 3. With the exception of assessments identified in
636 subparagraph 1. subparagraphs 1. and 2., any statewide,
637 standardized assessment must be administered within a 4-week
638 assessment window that opens no earlier than May 1 each year.
639 (d) Each school district shall establish schedules for the
640 administration of any statewide, standardized assessments and
641 district-required assessments and approve the schedules as an
642 agenda item at a district school board meeting. Each school
643 district shall publish the testing schedules on its website
644 using the uniform calendar, including all information required
645 under paragraph (b), and submit the schedules to the Department
646 of Education by October 1 of each year. Each public school shall
647 publish schedules for statewide, standardized assessments and
648 district-required assessments on its website using the uniform
649 calendar, including all information required under paragraph
650 (b). The uniform calendar must be included in the parent guide
651 required by s. 1002.23(5).
652 (e) A school district may not schedule more than 5 percent
653 of a student’s total school hours in a school year to administer
654 statewide, standardized assessments and district-required local
655 assessments. The district must secure written consent from a
656 student’s parent before administering district-required local
657 assessments that, after applicable statewide, standardized
658 assessments are scheduled, exceed the 5 percent test
659 administration limit for that student under this paragraph. The
660 5 percent test administration limit for a student under this
661 paragraph may be exceeded as needed to provide test
662 accommodations that are required by an IEP or are appropriate
663 for an English language learner who is currently receiving
664 services in a program operated in accordance with an approved
665 English language learner district plan pursuant to s. 1003.56.
666 Notwithstanding this paragraph, a student may choose within a
667 school year to take an examination or assessment adopted by
668 State Board of Education rule pursuant to this section and ss.
669 1007.27, 1008.30, and 1008.44.
670 (f) A statewide, standardized EOC assessment must be used
671 as the final cumulative examination for its associated course.
672 No additional final assessment may be administered in a course
673 with a statewide, standardized EOC assessment. A district
674 required local assessment may be used as the final cumulative
675 examination for its associated course in accordance with the
676 school district’s policy.
677 (g) The State Board of Education shall adopt rules for the
678 development of the uniform calendar that, at a minimum, define
679 terms that must be used in the calendar to describe various
680 assessments, including the terms “summative assessment,”
681 “formative assessment,” “interim assessment,” and “progress
682 monitoring.”
683 (8) PARENTAL RIGHT TO KNOW STUDENT PERFORMANCE.—
684 (a) It is the intent of the Legislature that each student’s
685 parent have certain rights regarding information about that
686 student’s academic progress, including, but not limited to, all
687 of the following:
688 1. The right, pursuant to s. 1008.25(2)(a), to be provided
689 the results of evaluations used to monitor a student’s progress
690 in grades K-12 in a timely manner.
691 2. The right, pursuant to s. 1008.25(2)(b)2., to be
692 notified of the process to request student whole-grade
693 promotion, midyear promotion, or subject-matter acceleration
694 which would result in a student attending a different school,
695 including the right to be advised on the Academically
696 Challenging Curriculum to Enhance Learning options described in
697 s. 1002.3105 and the option of early graduation described in s.
698 1003.4281.
699 3. The right, pursuant to s. 1008.25(5), to be notified of
700 the information specified in s. 1008.25(5)(d). Upon the request
701 of a parent, such notice must be provided in writing.
702 4. The right, pursuant to s. 1008.25(7)(b)1., to be
703 provided written notification that his or her grade 3 student
704 who is retained has not met the proficiency level required for
705 promotion and the reasons the child is not eligible for a good
706 cause exemption.
707 5. The right, pursuant to s. 1008.25(8), to receive an
708 annual report of his or her student’s progress toward achieving
709 state and district expectations for proficiency in English
710 Language Arts, science, social studies, and mathematics and
711 results on each statewide, standardized assessment and the
712 screening and progress monitoring system. Progress reporting
713 must be provided to the parent in writing in a format adopted by
714 the district school board.
715 6. The right, pursuant to s. 1008.25(8), to receive
716 screening and progress monitoring system results in a timely
717 manner as required in paragraph (b).
718 7. The right, pursuant to subsection (1), to be provided
719 his or her student’s academic achievement and learning gains
720 data.
721 8. The right, pursuant to subsection (3), to be notified of
722 his or her student’s nonparticipation in the statewide,
723 standardized assessment program and the implications of
724 nonparticipation.
725 9. The right, pursuant to paragraph (3)(d), to be informed
726 in writing and provided with information if his or her student
727 with a disability or student with limited English proficiency is
728 provided with instructional accommodations in the classroom
729 which are not allowed as accommodations for statewide,
730 standardized assessments. A parent must provide signed consent
731 for a student to receive classroom instructional accommodations
732 and acknowledge in writing that the parent understands the
733 implications of such instructional accommodations.
734 10. The right, pursuant to subsection (4), to receive
735 analyzed statewide, standardized assessment program performance
736 data.
737 11. The right, pursuant to subsection (7), to be required
738 to consent before a school district administers district
739 required local assessments that exceed the 5 percent test
740 administration limit.
741 (b) A school district must provide a student’s performance
742 results on district-required local assessments to the student’s
743 parents and teachers within 1 week and to the student’s parents
744 no later than 30 days after administering such assessments,
745 unless the superintendent determines in writing that extenuating
746 circumstances exist and reports the extenuating circumstances to
747 the district school board.
748 (c)(h) A school district must report the results of
749 statewide, standardized assessment in ELA and mathematics,
750 science, and social studies, including assessment retakes, shall
751 be reported in an easy-to-comprehend easy-to-read and
752 understandable format, which may include a personalized video
753 format, and delivered in time to provide useful, actionable
754 information to students, parents, and each student’s current
755 teacher of record and teacher of record for the subsequent
756 school year; however, in any case, the district shall provide
757 the results pursuant to this paragraph within 1 week after
758 receiving the results from the department. A school district
759 must provide a written report from the coordinated screening and
760 progress monitoring system which can be accessed in a printed or
761 electronic format, and must include a web-based portal for
762 parents to securely access student assessment data and review
763 their student’s individual student reports as the results are
764 posted following the student’s assessment.
765 (d) A school district’s report of student assessment
766 results must, at a minimum, contain:
767 1. A clear explanation of the student’s performance on the
768 applicable statewide, standardized assessments.
769 2. Information identifying the student’s areas of strength
770 and areas in need of improvement.
771 3. Specific actions that may be taken, and the available
772 resources that may be used, by the student’s parent to assist
773 his or her child based on the student’s areas of strength and
774 areas in need of improvement.
775 4. Longitudinal information, if available, on the student’s
776 progress in each subject area based on previous statewide,
777 standardized assessment data.
778 5. Comparative information showing the student’s score
779 compared to other students in the school district, in this the
780 state, or, if available, in other states.
781 6. Predictive information, if available, showing the
782 linkage between the scores attained by the student on the
783 statewide, standardized assessments and the scores he or she may
784 potentially attain on nationally recognized college entrance
785 examinations.
786 (e) A school district shall annually provide an update to
787 the Department of Education identifying strategies deployed to
788 comply with all statutory parental reporting requirements listed
789 in s. 1008.22(8).
790 (i) The State Board of Education shall adopt rules for the
791 development of the uniform calendar that, at minimum, define
792 terms that must be used in the calendar to describe various
793 assessments, including the terms “summative assessment,”
794 “formative assessment,” and “interim assessment.”
795 (14) STUDY.—By January 31, 2025, the commissioner shall
796 provide recommendations to the Governor, the President of the
797 Senate, and the Speaker of the House of Representatives on
798 additional innovative ways to streamline testing. At a minimum,
799 the report must include an analysis of the correlation between
800 the first two administrations of progress monitoring and the
801 third end-of-year assessment to determine if results from those
802 administrations may be used in lieu of the end-of-year
803 assessment.
804 Section 3. Subsections (8) and (9) of section 1008.25,
805 Florida Statutes, are amended to read:
806 1008.25 Public school student progression; student support;
807 screening and progress monitoring; reporting requirements.—
808 (8) COORDINATED SCREENING AND PROGRESS MONITORING SYSTEM.—
809 (a) The Department of Education, in collaboration with the
810 Office of Early Learning, shall procure and require the use of a
811 statewide, standardized coordinated screening and progress
812 monitoring system for the Voluntary Prekindergarten Education
813 Program and public schools serving kindergarten through grade 8
814 students. The system must:
815 1. Measure student progress in the Voluntary
816 Prekindergarten Education Program through grade 8 in meeting the
817 appropriate expectations in early literacy and mathematics
818 skills and in English Language Arts and mathematics standards as
819 required by ss. 1002.67(1)(a) and 1003.41.
820 2. Measure student performance in oral language
821 development, phonological and phonemic awareness, knowledge of
822 print and letters, decoding, fluency, vocabulary, and
823 comprehension, as applicable by grade level.
824 3. Be a valid, reliable, and developmentally appropriate
825 computer-adaptive direct instrument that provides screening and
826 diagnostic capabilities for monitoring student progress;
827 identifies students who have a substantial deficiency in
828 reading, including identifying students with characteristics of
829 dyslexia; and informs instruction.
830 4. Provide data for Voluntary Prekindergarten Education
831 Program accountability as required under s. 1002.67.
832 5. Provide Voluntary Prekindergarten Education Program
833 providers, school districts, schools, and teachers with data and
834 resources that enhance differentiated instruction and parent
835 communication.
836 6. Provide information to the department to aid in the
837 development of educational programs, policies, and supports for
838 providers, districts, and schools.
839 (b) Beginning with the 2022-2023 school year, private
840 Voluntary Prekindergarten Education Program providers and public
841 schools must participate in the screening and progress
842 monitoring system. The screening and progress monitoring system
843 must be administered at least three times within a program year
844 or school year, as applicable, with the first administration
845 occurring no later than the first 30 instructional days after
846 the start of the program year or school year pursuant to state
847 board rule.
848 (c) A Voluntary Prekindergarten Education Program student
849 who is at risk of being identified as having a substantial
850 deficiency in early literacy skills, based upon results under
851 this subsection, must be referred to the school district in
852 which he or she resides and may be eligible to receive early
853 literacy instruction and interventions after program completion
854 and before participating in kindergarten. Such instruction and
855 interventions may be paid for using funds from the school
856 district’s evidence-based reading instruction allocation in
857 accordance with s. 1011.62(9).
858 (d) Screening and progress monitoring system results,
859 including the number of students who demonstrate characteristics
860 of dyslexia, shall be reported to the department pursuant to
861 state board rule and maintained in the department’s Education
862 Data Warehouse. Results must be provided to a student’s teacher
863 and parent in a timely manner as required in s. 1008.22(7)(g).
864 (e) The department, in collaboration with the Office of
865 Early Learning, shall provide training and support for effective
866 implementation of the screening and progress monitoring system.
867 (9) ANNUAL REPORT.—
868 (a) In addition to the requirements in paragraph (5)(c),
869 each district school board must annually report to the parent of
870 each student the progress of the student toward achieving state
871 and district expectations for proficiency in English Language
872 Arts, science, social studies, and mathematics. The district
873 school board must report to the parent the student’s results on
874 each statewide, standardized assessment and the screening and
875 progress monitoring system under subsection (8). The evaluation
876 of each student’s progress must be based upon the student’s
877 classroom work, observations, tests, district and state
878 assessments, response to intensive interventions provided under
879 paragraph (5)(a), and other relevant information. Progress
880 reporting must be provided to the parent in writing in a format
881 adopted by the district school board, and must include both a
882 web-based option and a mobile device-compatible option for
883 parents and students to securely access student progress
884 monitoring reports as the results are posted following each
885 assessment.
886 (b) Each district school board must annually publish on the
887 district website and in the local newspaper the following
888 information on the prior school year:
889 1. The provisions of this section relating to public school
890 student progression and the district school board’s policies and
891 procedures on student retention and promotion.
892 2. By grade, the number and percentage of all students in
893 grades 3 through 10 performing at Levels 1 and 2 on the
894 statewide, standardized English Language Arts assessment.
895 3. By grade, the number and percentage of all students
896 retained in kindergarten through grade 10.
897 4. Information on the total number of students who were
898 promoted for good cause, by each category of good cause as
899 specified in paragraph (6)(b).
900 5. Any revisions to the district school board’s policies
901 and procedures on student retention and promotion from the prior
902 year.
903 Section 4. Subsection (7) is added to section 1008.34,
904 Florida Statutes, to read:
905 1008.34 School grading system; school report cards;
906 district grade.—
907 (7) TRANSITION.—To assist in the transition to 2022-2023
908 school grades and district grades calculated based on new
909 statewide, standardized assessments administered pursuant to s.
910 1008.22, the 2022-2023 school grades and district grades shall
911 serve as an informational baseline for schools and districts to
912 work toward improved performance in future years. Accordingly,
913 notwithstanding any other law:
914 (a) Due to the absence of learning gains data in 2022-2023,
915 the initial school grading scale for the 2022-2023 informational
916 baseline grades must be set so that the percentage of schools
917 that earn a grade of “A,” “B,” “C,” “D,” and “F” is
918 statistically equivalent to the 2021-2022 school grade results.
919 When learning gains data becomes available in the 2023-2024
920 school year, the State Board of Education shall review the
921 school grading scale and determine if the scale should be
922 adjusted.
923 (b) A school may not be required to select and implement a
924 turnaround option pursuant to s. 1008.33 in the 2023-2024 school
925 year based on the school’s 2022-2023 grade. The benefits of s.
926 1008.33(4)(c), relating to a school being released from
927 implementation of the turnaround option, and s. 1008.33(4)(d),
928 relating to a school implementing strategies identified in its
929 school improvement plan, apply to a school using turnaround
930 options pursuant to s. 1008.33 through which the school improves
931 to a grade of “C” or higher during the 2022-2023 school year.
932 (c) A school or approved provider under s. 1002.45 which
933 receives the same or lower school grade for the 2022-2023 school
934 year compared to the 2021-2022 school year is not subject to
935 sanctions or penalties that would otherwise occur as a result of
936 the 2022-2023 school grade or rating. A charter school system or
937 school district designated as high performing may not lose the
938 designation based on the 2022-2023 school grades of any of the
939 schools within the charter school system or school district or
940 based on the 2022-2023 district grade, as applicable.
941 (d) Notwithstanding the requirements in s. 1008.25(5), a
942 student may be promoted to grade 4 in the 2023-2024 school year,
943 following the 2022-2023 school year’s assessment reporting, if
944 the district is able to determine a student’s performance based
945 on either the good cause exemption process provided in s.
946 1008.25 or other means reasonably calculated to provide reliable
947 evidence of a student’s performance.
948 (e) This subsection is repealed July 1, 2025.
949 Section 5. Subsection (7) is added to section 1008.341,
950 Florida Statutes, to read:
951 1008.341 School improvement rating for alternative
952 schools.—
953 (7) TRANSITION.—
954 (a) Due to the absence of learning gains data for the 2022
955 2023 school year, school improvement ratings will not be
956 calculated for that school year. Upon the availability of
957 learning gains data for the 2023-2024 school year, the State
958 Board of Education shall set the scale for the “commendable,”
959 “maintaining,” and “unsatisfactory” ratings pursuant to rule.
960 (b) This subsection is repealed July 1, 2025.
961 Section 6. Paragraph (a) of subsection (5) of section
962 1008.345, Florida Statutes, is amended to read:
963 1008.345 Implementation of state system of school
964 improvement and education accountability.—
965 (5) The commissioner shall annually report to the State
966 Board of Education and the Legislature and recommend changes in
967 state policy necessary to foster school improvement and
968 education accountability. The report shall include:
969 (a) For each school district:
970 1. The percentage of students, by school and grade level,
971 demonstrating learning growth in English Language Arts and
972 mathematics.
973 2. The percentage of students, by school and grade level,
974 in both the highest and lowest quartiles demonstrating learning
975 growth in English Language Arts and mathematics.
976 3. The information contained in the school district’s
977 annual report required pursuant to s. 1008.25(8) s. 1008.25(9).
978
979 School reports must shall be distributed pursuant to this
980 subsection and s. 1001.42(18)(c) and according to rules adopted
981 by the State Board of Education.
982 Section 7. Subsection (4) of section 1008.365, Florida
983 Statutes, is amended to read:
984 1008.365 Reading Achievement Initiative for Scholastic
985 Excellence Act.—
986 (4) The department may establish criteria to identify
987 schools that must receive supports from a regional support team.
988 However, regardless of its school grade designated pursuant to
989 s. 1008.34, a school serving students in kindergarten through
990 grade 5 must be identified for supports if 50 percent of its
991 students who take the statewide, standardized English Language
992 Arts assessment score below a Level 3 for any grade level, or,
993 for students in kindergarten through grade 3, if progress
994 monitoring data collected pursuant to s. 1008.25(8) shows that
995 50 percent or more of the students are not on track to pass the
996 statewide, standardized grade 3 English Language Arts
997 assessment. A school identified for supports under this section
998 must implement a school improvement plan pursuant to s.
999 1001.42(18), or, if the school is already implementing a school
1000 improvement plan, the plan must be amended to explicitly address
1001 strategies for improving reading performance consistent with
1002 this section.
1003 Section 8. Paragraph (a) of subsection (8) of section
1004 1011.62, Florida Statutes, is amended to read:
1005 1011.62 Funds for operation of schools.—If the annual
1006 allocation from the Florida Education Finance Program to each
1007 district for operation of schools is not determined in the
1008 annual appropriations act or the substantive bill implementing
1009 the annual appropriations act, it shall be determined as
1010 follows:
1011 (8) EVIDENCE-BASED READING INSTRUCTION ALLOCATION.—
1012 (a) The evidence-based reading instruction allocation is
1013 created to provide comprehensive reading instruction to students
1014 in kindergarten through grade 12, including certain students who
1015 have completed the Voluntary Prekindergarten Education Program
1016 and who are at risk of being identified as having a substantial
1017 deficiency in early literacy skills under s. 1008.25(5)(b) s.
1018 1008.25(8)(c). Each school district that has one or more of the
1019 300 lowest-performing elementary schools based on a 3-year
1020 average of the state reading assessment data must use the
1021 school’s portion of the allocation to provide an additional hour
1022 per day of intensive reading instruction for the students in
1023 each school. The additional hour may be provided within the
1024 school day. Students enrolled in these schools who earned a
1025 level 4 or level 5 score on the statewide, standardized English
1026 Language Arts assessment for the previous school year may
1027 participate in the additional hour of instruction. Exceptional
1028 student education centers may not be included in the 300
1029 schools. The intensive reading instruction delivered in this
1030 additional hour shall include: evidence-based reading
1031 instruction that has been proven to accelerate progress of
1032 students exhibiting a reading deficiency; differentiated
1033 instruction based on screening, diagnostic, progress monitoring,
1034 or student assessment data to meet students’ specific reading
1035 needs; explicit and systematic reading strategies to develop
1036 phonemic awareness, phonics, fluency, vocabulary, and
1037 comprehension, with more extensive opportunities for guided
1038 practice, error correction, and feedback; and the coordinated
1039 integration of civic literacy, science, and mathematics-text
1040 reading, text discussion, and writing in response to reading.
1041
1042 For purposes of this subsection, the term “evidence-based” means
1043 demonstrating a statistically significant effect on improving
1044 student outcomes or other relevant outcomes as provided in 20
1045 U.S.C. s. 8101(21)(A)(i).
1046 Section 9. This act shall take effect July 1, 2022.