Florida Senate - 2022 CS for SB 1048
By the Committee on Appropriations; and Senators Diaz and
1 A bill to be entitled
2 An act relating to student assessments; amending s.
3 411.227, F.S.; conforming provisions to changes made
4 by the act; amending s. 1000.21, F.S.; renaming “Next
5 Generation Sunshine State Standards” as “state
6 academic standards”; amending ss. 1002.37, 1002.45,
7 1002.53, 1002.67, 1002.68, 1003.41, and 1003.53, F.S.;
8 conforming provisions to changes made by the act;
9 providing a directive to the Division of Law Revision;
10 amending s. 1008.2125, F.S.; deleting provisions
11 relating to the coordinated screening and progress
12 monitoring program; conforming provisions to changes
13 made by the act; amending s. 1008.22, F.S.; conforming
14 provisions to changes made by the act; providing that
15 certain end-of-year comprehensive progress monitoring
16 assessments are the statewide, standardized ELA and
17 Mathematics assessments for certain students;
18 providing that achievement levels on specified
19 assessments shall measure grade-level performance
20 rather than satisfactory performance; requiring
21 certain assessment results to be provided by a
22 specified date beginning with a certain school year;
23 including the coordinated screening and progress
24 monitoring system in the limitation on the school
25 hours authorized for testing; revising the timeframe
26 for providing district-required local assessments
27 results to a student’s parent; requiring such results
28 to be provided in specified formats; requiring
29 specified information to be included on individual
30 student reports; requiring the Commissioner of
31 Education to provide specified recommendations from an
32 independent review of the coordinated screening and
33 progress monitoring system to the Governor and
34 Legislature by a specified date; providing
35 requirements for the review and recommendations;
36 providing for the future repeal of such requirements;
37 amending s. 1008.25, F.S.; conforming provisions to
38 changes made by the act; requiring the coordinated
39 screening and progress monitoring system to identify
40 the educational strengths and needs of students;
41 revising requirements for such system; providing
42 requirements for the administration of the coordinated
43 screenings and progress monitoring and the reporting
44 of results; requiring a specified annual report to be
45 accessible through certain web-based options; deleting
46 a requirement that district school boards print
47 specified information in a local newspaper; amending
48 s. 1008.34, F.S.; requiring 2022-2023 school and
49 school district grades to serve as an informal
50 baseline for schools and school districts; requiring
51 baseline grades to be set so that the percentage of
52 schools that earn specified letter grades is
53 statistically equivalent to the 2021-2022 school grade
54 results; requiring the State Board of Education to
55 review the school grading scale and determine if the
56 scale should be adjusted after certain data becomes
57 available; prohibiting a school from being required to
58 select and implement a turnaround option based on the
59 school’s grades in a specified school year; providing
60 applicability; providing that certain public schools
61 and approved providers that receive the same or lower
62 school grade in a specified school year are not
63 subject to sanctions; providing that a charter school
64 system or school district designated as high
65 performing may not lose the designation based on the
66 school grades received during a certain school year by
67 any of the schools within the charter school system or
68 school district or based on a certain school year’s
69 district grade, as applicable; providing a transition
70 for the calculation of school and district grades for
71 the 2022-2023 school year; providing requirements for
72 the calculation of such grades and exemption schools
73 from specified provisions; providing requirements for
74 determining grade 3 retention and high school
75 graduation for such school year; providing for the
76 future repeal of specified provisions; amending s.
77 1008.341, F.S.; providing that school improvement
78 ratings will not be calculated for the 2022-2023
79 school year; providing for the future repeal of
80 specified provisions; providing an effective date.
82 Be It Enacted by the Legislature of the State of Florida:
84 Section 1. Paragraph (d) of subsection (1) and paragraph
85 (b) of subsection (3) of section 411.227, Florida Statutes, are
86 amended to read:
87 411.227 Components of the Learning Gateway.—The Learning
88 Gateway system consists of the following components:
89 (1) COMMUNITY EDUCATION STRATEGIES AND FAMILY-ORIENTED
91 (d) In collaboration with other local resources, the
92 demonstration projects shall develop public awareness strategies
93 to disseminate information about developmental milestones,
94 precursors of learning problems and other developmental delays,
95 and the service system that is available. The information should
96 target parents of children from birth through age 9 and should
97 be distributed to parents, health care providers, and caregivers
98 of children from birth through age 9. A variety of media should
99 be used as appropriate, such as print, television, radio, and a
100 community-based Internet website, as well as opportunities such
101 as those presented by parent visits to physicians for well-child
102 checkups. The Learning Gateway Steering Committee shall provide
103 technical assistance to the local demonstration projects in
104 developing and distributing educational materials and
106 1. Public awareness strategies targeting parents of
107 children from birth through age 5 shall be designed to provide
108 information to public and private preschool programs, child care
109 providers, pediatricians, parents, and local businesses and
110 organizations. These strategies should include information on
111 the school readiness performance standards adopted by the
112 Department of Education.
113 2. Public awareness strategies targeting parents of
114 children from ages 6 through 9 must be designed to disseminate
115 training materials and brochures to parents and public and
116 private school personnel, and must be coordinated with the local
117 school board and the appropriate school advisory committees in
118 the demonstration projects. The materials should contain
119 information on state and district achievement
120 for grades K-3.
121 (3) EARLY EDUCATION, SERVICES AND SUPPORTS.—
122 (b) Demonstration projects shall develop strategies to
123 increase the use of appropriate intervention practices with
124 children who have learning problems and learning disabilities
125 within public and private early care and education programs and
126 K-3 public and private school settings. Strategies may include
127 training and technical assistance teams. Intervention must be
128 coordinated and must focus on providing effective supports to
129 children and their families within their regular education and
130 community environment. These strategies must incorporate, as
131 appropriate, school and district activities related to the
132 student’s progress monitoring plan and must provide parents with
133 greater access to community-based services that should be
134 available beyond the traditional school day. Academic
135 expectations for public school students in grades K-3 must be
136 based upon the local school board’s adopted achievement
137 proficiency levels. When appropriate, school personnel shall
138 consult with the local Learning Gateway to identify other
139 community resources for supporting the child and the family.
140 Section 2. Subsection (7) of section 1000.21, Florida
141 Statutes, is amended to read:
142 1000.21 Systemwide definitions.—As used in the Florida
143 Early Learning-20 Education Code:
144 (7) “ Next Generation Sunshine State academic standards”
145 means the state’s public K-12 curricular standards adopted under
146 s. 1003.41.
147 Section 3. Paragraph (f) of subsection (3) and paragraphs
148 (a) and (d) of subsection (10) of section 1002.37, Florida
149 Statutes, are amended to read:
150 1002.37 The Florida Virtual School.—
151 (3) Funding for the Florida Virtual School shall be
152 provided as follows:
153 (f) The Florida Virtual School shall receive state funds
154 for operating purposes as provided in the General Appropriations
155 Act. The calculation to determine the amount of state funds
156 includes: the sum of the base Florida Education Finance Program
157 funding, the state-funded discretionary contribution and a per
158 full-time equivalent share of the discretionary millage
159 compression supplement, the exceptional student education
160 guaranteed allocation, the instructional materials allocation,
161 the evidence-based research-based reading instruction
162 allocation, the mental health assistance allocation, and the
163 teacher salary increase allocation. For the purpose of
164 calculating the state-funded discretionary contribution,
165 multiply the maximum allowable nonvoted discretionary millage
166 for operations pursuant to s. 1011.71(1) and (3) by the value of
167 96 percent of the current year’s taxable value for school
168 purposes for the state; divide the result by the total full-time
169 equivalent membership of the state; and multiply the result by
170 the full-time equivalent membership of the school. Funds may not
171 be provided for the purpose of fulfilling the class size
172 requirements in ss. 1003.03 and 1011.685.
173 (10)(a) Public school students receiving full-time
174 instruction in kindergarten through grade 12 by the Florida
175 Virtual School must take all statewide assessments required
176 pursuant to s. 1008.22 and participate in the coordinated
177 screening and progress monitoring system under s. 1008.25(8).
178 (d) Unless an alternative testing site is mutually agreed
179 to by the Florida Virtual School and the school district or as
180 contracted under s. 1008.24, all industry certification
181 examinations, national assessments, progress monitoring under s.
182 1008.25(8), and statewide assessments must be taken at the
183 school to which the student would be assigned according to
184 district school board attendance areas. A school district must
185 provide the student with access to the school’s testing
186 facilities and the date and time of the administration of
187 progress monitoring and each examination or assessment.
188 Section 4. Paragraph (b) of subsection (6) of section
189 1002.45, Florida Statutes, is amended to read:
190 1002.45 Virtual instruction programs.—
191 (6) STUDENT PARTICIPATION REQUIREMENTS.—Each student
192 enrolled in a virtual instruction program or virtual charter
193 school must:
194 (b) Take statewide assessments pursuant to s. 1008.22 and
195 participate in the coordinated screening and progress monitoring
196 system under s. 1008.25(8). Statewide assessments and progress
197 monitoring may be administered within the school district in
198 which such student resides, or as specified in the contract in
199 accordance with s. 1008.24(3). If requested by the approved
200 provider or virtual charter school, the district of residence
201 must provide the student with access to the district’s testing
203 Section 5. Paragraph (d) of subsection (6) of section
204 1002.53, Florida Statutes, is amended to read:
205 1002.53 Voluntary Prekindergarten Education Program;
206 eligibility and enrollment.—
208 (d) Each parent who enrolls his or her child in the
209 Voluntary Prekindergarten Education Program must allow his or
210 her child to participate in the coordinated screening and
211 progress monitoring program under s. 1008.25(8) s. 1008.2125.
212 Section 6. Paragraph (b) of subsection (2) of section
213 1002.67, Florida Statutes, is amended to read:
214 1002.67 Performance standards and curricula.—
216 (b) Each private prekindergarten provider’s and public
217 school’s curriculum must be developmentally appropriate and
219 1. Be designed to prepare a student for early literacy and
220 provide for instruction in early math skills;
221 2. Enhance the age-appropriate progress of students in
222 attaining the performance standards adopted by the department
223 under subsection (1); and
224 3. Support student learning gains through differentiated
225 instruction that shall be measured by the coordinated screening
226 and progress monitoring program under s. 1008.25(8) s.
228 Section 7. Paragraphs (a) and (b) of subsection (1),
229 paragraphs (b) and (e) of subsection (4), and paragraph (c) of
230 subsection (6) of section 1002.68, Florida Statutes, are amended
231 to read:
232 1002.68 Voluntary Prekindergarten Education Program
234 (1)(a) Beginning with the 2022-2023 program year, each
235 private prekindergarten provider and public school participating
236 in the Voluntary Prekindergarten Education Program must
237 participate in the coordinated screening and progress monitoring
238 program in accordance with s. 1008.25(8) s. 1008.2125. The
239 coordinated screening and progress monitoring program results
240 shall be used by the department to identify student learning
241 gains, index development learning outcomes upon program
242 completion relative to the performance standards established
243 under s. 1002.67 and representative norms, and inform a private
244 prekindergarten provider’s and public school’s performance
246 (b) At a minimum, the initial and final progress monitoring
247 or screening must be administered by individuals meeting
248 requirements adopted by the department under s. 1008.25(8) s.
251 (b) The methodology for calculating a provider’s
252 performance metric may not include students who are not
253 administered the coordinated screening and progress monitoring
254 program under s. 1008.25(8) s. 1008.2125.
255 (e) Subject to an appropriation, the department shall
256 provide for a differential payment to a private prekindergarten
257 provider and public school based on the provider’s designation.
258 The maximum differential payment may not exceed a total of 15
259 percent of the base student allocation per full-time equivalent
260 student under s. 1002.71 attending in the consecutive program
261 year for that program. A private prekindergarten provider or
262 public school may not receive a differential payment if it
263 receives a designation of “proficient” or lower. Before the
264 adoption of the methodology, the department shall confer with
265 the Council for Early Grade Success under s. 1008.2125 before
266 receiving approval from the State Board of Education for the
267 final recommendations on the designation system and differential
270 (c) The department shall adopt criteria for granting good
271 cause exemptions. Such criteria must include, but are not
272 limited to, all of the following:
273 1. Child demographic data that evidences a private
274 prekindergarten provider or public school serves a statistically
275 significant population of children with special needs who have
276 individual education plans and can demonstrate progress toward
277 meeting the goals outlined in the students’ individual education
279 2. Learning gains of children served in the Voluntary
280 Prekindergarten Education Program by the private prekindergarten
281 provider or public school on an alternative measure that has
282 comparable validity and reliability of the coordinated screening
283 and progress monitoring program in accordance with s. 1008.25(8)
284 s. 1008.2125.
285 3. Program assessment data under subsection (2) which
286 demonstrates effective teaching practices as recognized by the
287 tool developer.
288 4. Verification that local and state health and safety
289 requirements are met.
290 Section 8. Section 1003.41, Florida Statutes, is amended to
292 1003.41 Next Generation Sunshine State academic standards.—
293 (1) The Next Generation Sunshine state academic standards
294 establish the core content of the curricula to be taught in the
295 state and specify the core content knowledge and skills that K
296 12 public school students are expected to acquire. Standards
297 must be rigorous and relevant and provide for the logical,
298 sequential progression of core curricular content that
299 incrementally increases a student’s core content knowledge and
300 skills over time. Curricular content for all subjects must
301 integrate critical-thinking, problem-solving, and workforce
302 literacy skills; communication, reading, and writing skills;
303 mathematics skills; collaboration skills; contextual and
304 applied-learning skills; technology-literacy skills; information
305 and media-literacy skills; and civic-engagement skills. The
306 standards must include distinct grade-level expectations for the
307 core content knowledge and skills that a student is expected to
308 have acquired by each individual grade level from kindergarten
309 through grade 8. The standards for grades 9 through 12 may be
310 organized by grade clusters of more than one grade level except
311 as otherwise provided for visual and performing arts, physical
312 education, health, and foreign language standards.
313 (2) The Next Generation Sunshine state academic standards
314 must meet the following requirements:
315 (a) English Language Arts standards must establish specific
316 curricular content for, at a minimum, reading, writing, speaking
317 and listening, and language.
318 (b) Science standards must establish specific curricular
319 content for, at a minimum, the nature of science, earth and
320 space science, physical science, and life science.
321 (c) Mathematics standards must establish specific
322 curricular content for, at a minimum, algebra, geometry,
323 statistics and probability, number and quantity, functions, and
325 (d) Social Studies standards must establish specific
326 curricular content for, at a minimum, geography, United States
327 and world history, government, civics, humanities, economics,
328 and financial literacy.
329 (e) Visual and performing arts, physical education, health,
330 and foreign language standards must establish specific
331 curricular content and include distinct grade level expectations
332 for the core content knowledge and skills that a student is
333 expected to have acquired by each individual grade level from
334 kindergarten through grade 5. The standards for grades 6 through
335 12 may be organized by grade clusters of more than one grade
337 (3) The Commissioner of Education, as needed, shall develop
338 and submit proposed revisions to the standards for review and
339 comment by Florida educators, school administrators,
340 representatives of the Florida College System institutions and
341 state universities who have expertise in the content knowledge
342 and skills necessary to prepare a student for postsecondary
343 education and careers, business and industry leaders, and the
344 public. The commissioner, after considering reviews and
345 comments, shall submit the proposed revisions to the State Board
346 of Education for adoption.
347 (4) The State Board of Education shall adopt rules to
348 administer this section.
349 Section 9. Paragraph (c) of subsection (1) of section
350 1003.53, Florida Statutes, is amended to read:
351 1003.53 Dropout prevention and academic intervention.—
353 (c) A student shall be identified as being eligible to
354 receive services funded through the dropout prevention and
355 academic intervention program based upon one of the following
357 1. The student is academically unsuccessful as evidenced by
358 low test scores, retention, failing grades, low grade point
359 average, falling behind in earning credits, or not meeting the
360 state or district achievement proficiency levels in reading,
361 mathematics, or writing.
362 2. The student has a pattern of excessive absenteeism or
363 has been identified as a habitual truant.
364 3. The student has a history of disruptive behavior in
365 school or has committed an offense that warrants out-of-school
366 suspension or expulsion from school according to the district
367 school board’s code of student conduct. For the purposes of this
368 program, “disruptive behavior” is behavior that:
369 a. Interferes with the student’s own learning or the
370 educational process of others and requires attention and
371 assistance beyond that which the traditional program can provide
372 or results in frequent conflicts of a disruptive nature while
373 the student is under the jurisdiction of the school either in or
374 out of the classroom; or
375 b. Severely threatens the general welfare of students or
376 others with whom the student comes into contact.
377 4. The student is identified by a school’s early warning
378 system pursuant to s. 1001.42(18)(b).
379 Section 10. The Division of Law Revision is directed to
380 prepare a reviser’s bill for the 2023 Regular Session of the
381 Legislature to change the term “Next Generation Sunshine State
382 Standards” to “state academic standards” wherever the term
383 appears in the Florida Statutes.
384 Section 11. Section 1008.2125, Florida Statutes, is amended
385 to read:
386 1008.2125 The Council for Early Grade Success Coordinated
387 screening and progress monitoring program for students in the
388 Voluntary Prekindergarten Education Program through grade 3.—
389 (1) The primary purpose of the coordinated screening and
390 progress monitoring program for students in the Voluntary
391 Prekindergarten Education Program through grade 3 is to provide
392 information on students’ progress in mastering the appropriate
393 grade-level standards and to provide information on their
394 progress to parents, teachers, and school and program
395 administrators. Data shall be used by Voluntary Prekindergarten
396 Education Program providers and school districts to improve
397 instruction, by parents and teachers to guide learning
398 objectives and provide timely and appropriate supports and
399 interventions to students not meeting grade-level expectations,
400 and by the public to assess the cost benefit of the expenditure
401 of taxpayer dollars. The coordinated screening and progress
402 monitoring program must:
403 (a) Measure student progress in the Voluntary
404 Prekindergarten Education Program through grade 3 in meeting the
405 appropriate expectations in early literacy and math skills and
406 in English Language Arts and mathematics, as required by ss.
407 1002.67(1)(a) and 1003.41.
408 (b) Provide data for accountability of the Voluntary
409 Prekindergarten Education Program, as required by s. 1002.68.
410 (c) Provide baseline data to the department of each
411 student’s readiness for kindergarten, which must be based on
412 each kindergarten student’s progress monitoring results that was
413 administered no later than the first 30 instructional days in
414 accordance with paragraph (2)(a). The methodology for
415 determining a student’s readiness for kindergarten shall be
416 developed by the department and aligned to the methodology
417 adopted pursuant to s. 1002.68(4).
418 (d) Identify the educational strengths and needs of
419 students in the Voluntary Prekindergarten Education Program
420 through grade 3.
421 (e) Provide teachers with progress monitoring data to
422 provide timely interventions and supports pursuant to s.
424 (f) Assess how well educational goals and curricular
425 standards are met at the provider, school, district, and state
427 (g) Provide information to aid in the evaluation and
428 development of educational programs and policies.
429 (2) The Commissioner of Education shall design a statewide,
430 standardized coordinated screening and progress monitoring
431 program to assess early literacy and mathematics skills and the
432 English Language Arts and mathematics standards established in
433 ss. 1002.67(1)(a) and 1003.41, respectively. The coordinated
434 screening and progress monitoring program must provide interval
435 level and norm-referenced data that measures equivalent levels
436 of growth; be a developmentally appropriate, valid, and reliable
437 direct assessment; be able to capture data on students who may
438 be performing below grade or developmental level and which may
439 enable the identification of early indicators of dyslexia or
440 other developmental delays; accurately measure the core content
441 in the applicable grade level standards; document learning gains
442 for the achievement of these standards; and provide teachers
443 with progress monitoring supports and materials that enhance
444 differentiated instruction and parent communication.
445 Participation in the coordinated screening and progress
446 monitoring program is mandatory for all students in the
447 Voluntary Prekindergarten Education Program and enrolled in a
448 public school in kindergarten through grade 3. The coordinated
449 screening and progress monitoring program shall be implemented
450 beginning in the 2022-2023 school year for students in the
451 Voluntary Prekindergarten Education Program and kindergarten
452 students, as follows:
453 (a) The coordinated screening and progress monitoring
454 program shall be administered within the first 30 days after
455 enrollment, midyear, and within the last 30 days of the program
456 or school year, in accordance with the rules adopted by the
457 State Board of Education. The state board may adopt alternate
458 timeframes to address nontraditional school year calendars or
459 summer programs to ensure the coordinated screening and progress
460 monitoring program is administered a minimum of three times
461 within a year or program.
462 (b) The results of the coordinated screening and progress
463 monitoring program shall be reported to the department, in
464 accordance with the rules adopted by the state board, and
465 maintained in the department’s educational data warehouse.
466 (3) 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 (1) (4) The Council for Early Grade Success, a council as
476 defined in s. 20.03(7), is created within the Department of
477 Education to oversee the coordinated screening and progress
478 monitoring program under s. 1008.25(8) for students in the
479 Voluntary Prekindergarten Education Program through grade 3 and,
480 except as otherwise provided in this section, shall operate
481 consistent with s. 20.052.
482 (a) The council shall be responsible for reviewing the
483 implementation of, training for, and outcomes from the
484 coordinated screening and progress monitoring program to provide
485 recommendations to the department that support grade 3 students
486 reading at or above grade level. The council, at a minimum,
488 1. Provide recommendations on the implementation of the
489 coordinated screening and progress monitoring program, including
490 reviewing any procurement solicitation documents and criteria
491 before being published.
492 2. Develop training plans and timelines for such training.
493 3. Identify appropriate personnel, processes, and
494 procedures required for the administration of the coordinated
495 screening and progress monitoring program.
496 4. Provide input on the methodology for calculating a
497 provider’s or school’s performance metric and designations under
498 s. 1002.68(4).
499 5. Work with the department to review the methodology for
500 determining a child’s kindergarten readiness.
501 6. Review data on age-appropriate learning gains by grade
502 level that a student would need to attain in order to
503 demonstrate proficiency in reading by grade 3.
504 7. Continually review anonymized data from the results of
505 the coordinated screening and progress monitoring program for
506 students in the Voluntary Prekindergarten Education Program
507 through grade 3 to help inform recommendations to the department
508 that support practices that will enable grade 3 students to read
509 at or above grade level.
510 (b) The council shall be composed of 17 members who are
511 residents of this the state and appointed as follows:
512 1. Three members appointed by the Governor, as follows:
513 a. One representative from the Department of Education.
514 b. One parent of a child who is 4 to 9 years of age.
515 c. One representative that is an elementary school
517 2. Seven members appointed by the President of the Senate,
518 as follows:
519 a. One senator who serves at the pleasure of the President
520 of the Senate.
521 b. One representative of an urban school district.
522 c. One representative of a rural early learning coalition.
523 d. One representative of a faith-based early learning
524 provider who offers the Voluntary Prekindergarten Education
526 e. One representative who is a second grade teacher who has
527 at least 5 years of teaching experience.
528 f. Two representatives with subject matter expertise in
529 early learning, early grade success, or child assessments.
530 3. Seven members appointed by the Speaker of the House of
531 Representatives, as follows:
532 a. One member of the House of Representatives who serves at
533 the pleasure of the Speaker of the House.
534 b. One representative of a rural school district.
535 c. One representative of an urban early learning coalition.
536 d. One representative of an early learning provider who
537 offers the Voluntary Prekindergarten Education Program.
538 e. One member who is a kindergarten teacher who has at
539 least 5 years of teaching experience.
540 f. Two representatives with subject matter expertise in
541 early learning, early grade success, or child assessment.
542 4. The four representatives with subject matter expertise
543 in sub-subparagraphs 2.f. and 3.f. may not be direct
544 stakeholders within the early learning or public school systems.
545 (2) The Commissioner of Education shall:
546 (a) Develop a plan, in coordination with the Council for
547 Early Grade Success, for implementing the coordinated screening
548 and progress monitoring program in consideration of timelines
549 for implementing new early literacy and mathematics skills and
550 the English Language Arts and mathematics standards established
551 in ss. 1002.67(1)(a) and 1003.41, as appropriate.
552 (b) Provide data, reports, and information as requested to
553 the Council for Early Grade Success.
554 (3) (5) The council shall elect a chair and vice chair, one
555 of whom must be a member who has subject matter expertise in
556 early learning, early grade success, or child assessments. The
557 vice chair must be a member appointed by the President of the
558 Senate or the Speaker of the House of Representatives who is not
559 one of the four members with subject matter expertise in early
560 learning, early grade success, or child assessments appointed
561 pursuant to sub-subparagraphs (1)(b)2.f. and 3.f. (4)(b)2.f. and
562 3.f. Members of the council shall serve without compensation but
563 are entitled to reimbursement for per diem and travel expenses
564 pursuant to s. 112.061.
565 Section 12. Present subsection (13) of section 1008.22,
566 Florida Statutes, is redesignated as subsection (14), a new
567 subsection (13) is added to that section, and subsections (3)
568 and (6) and paragraphs (a), (b), (c), (e), (g), (h), and (i) of
569 subsection (7) of that section are amended, to read:
570 1008.22 Student assessment program for public schools.—
571 (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
572 Commissioner of Education shall design and implement a
573 statewide, standardized assessment program aligned to the core
574 curricular content established in the Next Generation Sunshine
575 state academic standards. The commissioner also must develop or
576 select and implement a common battery of assessment tools that
577 will be used in all juvenile justice education programs in the
578 state. These tools must accurately measure the core curricular
579 content established in the Next Generation Sunshine state
580 academic standards. Participation in the assessment program is
581 mandatory for all school districts and all students attending
582 public schools, including adult students seeking a standard high
583 school diploma under s. 1003.4282 and students in Department of
584 Juvenile Justice education programs, except as otherwise
585 provided by law. If a student does not participate in the
586 assessment program, the school district must notify the
587 student’s parent and provide the parent with information
588 regarding the implications of such nonparticipation. The
589 statewide, standardized assessment program shall be designed and
590 implemented as follows:
591 (a) Statewide, standardized comprehensive assessments.—
592 1. The statewide, standardized English Language Arts (ELA)
593 assessments shall be administered to students in grades 3
594 through 10. Retake opportunities for the grade 10 ELA assessment
595 must be provided. Reading passages and writing prompts for ELA
596 assessments shall incorporate grade-level core curricula content
597 from social studies. The statewide, standardized Mathematics
598 assessments shall be administered annually in grades 3 through
599 8. The statewide, standardized Science assessment shall be
600 administered annually at least once at the elementary and middle
601 grades levels. In order to earn a standard high school diploma,
602 a student who has not earned a passing score on the grade 10 ELA
603 assessment must earn a passing score on the assessment retake or
604 earn a concordant score as authorized under subsection (9).
605 Statewide, standardized ELA and Mathematics assessments in
606 grades 3 through 6 must be delivered in a paper-based format.
607 2. Beginning with the 2022-2023 school year, the end-of
608 year comprehensive progress monitoring assessment administered
609 pursuant to s. 1008.25(8)(b)2. is the statewide, standardized
610 ELA assessment for students in grades 3 through 10 and the
611 statewide, standardized Mathematics assessment for students in
612 grades 3 through 8.
613 (b) End-of-course (EOC) assessments.—EOC assessments must
614 be statewide, standardized, and developed or approved by the
615 Department of Education as follows:
616 1. EOC assessments for Algebra I, Geometry, Biology I,
617 United States History, and Civics shall be administered to
618 students enrolled in such courses as specified in the course
619 code directory.
620 2. Students enrolled in a course, as specified in the
621 course code directory, with an associated statewide,
622 standardized EOC assessment must take the EOC assessment for
623 such course and may not take the corresponding subject or grade
624 level statewide, standardized assessment pursuant to paragraph
625 (a). Sections 1003.4156 and 1003.4282 govern the use of
626 statewide, standardized EOC assessment results for students.
627 3. The commissioner may select one or more nationally
628 developed comprehensive examinations, which may include
629 examinations for a College Board Advanced Placement course,
630 International Baccalaureate course, or Advanced International
631 Certificate of Education course, or industry-approved
632 examinations to earn national industry certifications identified
633 in the CAPE Industry Certification Funding List, for use as EOC
634 assessments under this paragraph if the commissioner determines
635 that the content knowledge and skills assessed by the
636 examinations meet or exceed the grade-level expectations for the
637 core curricular content established for the course in the Next
638 Generation Sunshine state academic standards. Use of any such
639 examination as an EOC assessment must be approved by the state
640 board in rule.
641 4. Contingent upon funding provided in the General
642 Appropriations Act, including the appropriation of funds
643 received through federal grants, the commissioner may establish
644 an implementation schedule for the development and
645 administration of additional statewide, standardized EOC
646 assessments that must be approved by the state board in rule. If
647 approved by the state board, student performance on such
648 assessments constitutes 30 percent of a student’s final course
650 5. All statewide, standardized EOC assessments must be
651 administered online except as otherwise provided in paragraph
653 6. A student enrolled in an Advanced Placement (AP),
654 International Baccalaureate (IB), or Advanced International
655 Certificate of Education (AICE) course who takes the respective
656 AP, IB, or AICE assessment and earns the minimum score necessary
657 to earn college credit, as identified in s. 1007.27(2), meets
658 the requirements of this paragraph and does not have to take the
659 EOC assessment for the corresponding course.
660 (c) Nationally recognized high school assessments.—Each
661 school district shall, by the 2021-2022 school year and subject
662 to appropriation, select either the SAT or ACT for districtwide
663 administration to each public school student in grade 11,
664 including students attending public high schools, alternative
665 schools, and Department of Juvenile Justice education programs.
666 (d) Students with disabilities; Florida Alternate
668 1. Each district school board must provide instruction to
669 prepare students with disabilities in the core content knowledge
670 and skills necessary for successful grade-to-grade progression
671 and high school graduation.
672 2. A student with a disability, as defined in s. 1007.02,
673 for whom the individual education plan (IEP) team determines
674 that the statewide, standardized assessments under this section
675 cannot accurately measure the student’s abilities, taking into
676 consideration all allowable accommodations, shall have
677 assessment results waived for the purpose of receiving a course
678 grade and a standard high school diploma. Such waiver shall be
679 designated on the student’s transcript. The statement of waiver
680 shall be limited to a statement that performance on an
681 assessment was waived for the purpose of receiving a course
682 grade or a standard high school diploma, as applicable.
683 3. The State Board of Education shall adopt rules, based
684 upon recommendations of the commissioner, for the provision of
685 assessment accommodations for students with disabilities and for
686 students who have limited English proficiency.
687 a. Accommodations that negate the validity of a statewide,
688 standardized assessment are not allowed during the
689 administration of the assessment. However, instructional
690 accommodations are allowed in the classroom if identified in a
691 student’s IEP. Students using instructional accommodations in
692 the classroom that are not allowed on a statewide, standardized
693 assessment may have assessment results waived if the IEP team
694 determines that the assessment cannot accurately measure the
695 student’s abilities.
696 b. If a student is provided with instructional
697 accommodations in the classroom that are not allowed as
698 accommodations for statewide, standardized assessments, the
699 district must inform the parent in writing and provide the
700 parent with information regarding the impact on the student’s
701 ability to meet expected performance levels. A parent must
702 provide signed consent for a student to receive classroom
703 instructional accommodations that would not be available or
704 permitted on a statewide, standardized assessment and
705 acknowledge in writing that he or she understands the
706 implications of such instructional accommodations.
707 c. If a student’s IEP states that online administration of
708 a statewide, standardized assessment will significantly impair
709 the student’s ability to perform, the assessment shall be
710 administered in hard copy.
711 4. For students with significant cognitive disabilities,
712 the Department of Education shall provide for implementation of
713 the Florida Alternate Assessment to accurately measure the core
714 curricular content established in the Next Generation Sunshine
715 state academic standards.
716 (e) Assessment scores and achievement levels.—
717 1. All statewide, standardized EOC assessments and ELA,
718 Mathematics, and Science assessments shall use scaled scores and
719 achievement levels. Achievement levels shall range from 1
720 through 5, with level 1 being the lowest achievement level,
721 level 5 being the highest achievement level, and level 3
722 indicating grade-level satisfactory performance on an
724 2. The state board shall designate by rule a passing score,
725 indicating grade-level performance, for each statewide,
726 standardized assessment.
727 3. If the commissioner seeks to revise a statewide,
728 standardized assessment and the revisions require the state
729 board to modify performance level scores, including the passing
730 score, the commissioner shall provide a copy of the proposed
731 scores and implementation plan to the President of the Senate
732 and the Speaker of the House of Representatives at least 45 90
733 days before submission to the state board for review. Until the
734 state board adopts the modifications by rule, the commissioner
735 shall use calculations for scoring the assessment that adjust
736 student scores on the revised assessment for statistical
737 equivalence to student scores on the former assessment. The
738 state board shall adopt by rule the passing score for the
739 revised assessment that is statistically equivalent to the
740 passing score on the discontinued assessment for a student who
741 is required to attain a passing score on the discontinued
742 assessment. The commissioner may, with approval of the state
743 board, discontinue administration of the former assessment upon
744 the graduation, based on normal student progression, of students
745 participating in the final regular administration of the former
746 assessment. If the commissioner revises a statewide,
747 standardized assessment and the revisions require the state
748 board to modify the passing score, only students taking the
749 assessment for the first time after the rule is adopted are
751 (f) Prohibited activities.—A district school board shall
752 prohibit each public school from suspending a regular program of
753 curricula for purposes of administering practice assessments or
754 engaging in other assessment-preparation activities for a
755 statewide, standardized assessment. However, a district school
756 board may authorize a public school to engage in the following
757 assessment-preparation activities:
758 1. Distributing to students sample assessment books and
759 answer keys published by the Department of Education.
760 2. Providing individualized instruction in assessment
761 taking strategies, without suspending the school’s regular
762 program of curricula, for a student who scores Level 1 or Level
763 2 on a prior administration of an assessment.
764 3. Providing individualized instruction in the content
765 knowledge and skills assessed, without suspending the school’s
766 regular program of curricula, for a student who scores Level 1
767 or Level 2 on a prior administration of an assessment or a
768 student who, through a diagnostic assessment administered by the
769 school district, is identified as having a deficiency in the
770 content knowledge and skills assessed.
771 4. Administering a practice assessment or engaging in other
772 assessment-preparation activities that are determined necessary
773 to familiarize students with the organization of the assessment,
774 the format of assessment items, and the assessment directions or
775 that are otherwise necessary for the valid and reliable
776 administration of the assessment, as set forth in rules adopted
777 by the State Board of Education with specific reference to this
779 (g) Contracts for assessments.—The commissioner shall
780 provide for the assessments to be developed or obtained, as
781 appropriate, through contracts and project agreements with
782 private vendors, public vendors, public agencies, postsecondary
783 educational institutions, or school districts. The commissioner
784 may enter into contracts for the continued administration of the
785 assessments authorized and funded by the Legislature. Contracts
786 may be initiated in 1 fiscal year and continue into the next
787 fiscal year and may be paid from the appropriations of either or
788 both fiscal years. The commissioner may negotiate for the sale
789 or lease of tests, scoring protocols, test scoring services, and
790 related materials developed pursuant to law.
791 (6) LOCAL ASSESSMENT OF STUDENT PERFORMANCE ON STATE
792 STANDARDS.—Measurement of student performance is the
793 responsibility of school districts except in those subjects and
794 grade levels measured under the statewide, standardized
795 assessment program described in this section and the coordinated
796 screening and progress monitoring system under s. 1008.25(8).
797 When available, instructional personnel must be provided with
798 information on student achievement of standards and benchmarks
799 in order to improve instruction.
800 (7) ASSESSMENT SCHEDULES AND REPORTING OF RESULTS.—
801 (a) The Commissioner of Education shall establish schedules
802 for the administration of statewide, standardized assessments
803 and the reporting of student assessment results. The
804 commissioner shall consider the observance of religious and
805 school holidays when developing the schedules. The assessment
806 and reporting schedules must provide the earliest possible
807 reporting of student assessment results to the school districts.
808 Assessment results for the statewide, standardized ELA and
809 Mathematics assessments and all statewide, standardized EOC
810 assessments must be made available no later than June 30, except
811 for results for the grade 3 statewide, standardized ELA
812 assessment, which must be made available no later than May 31.
813 Beginning with the 2023-2024 school year, assessment results for
814 the statewide, standardized ELA and Mathematics assessments must
815 be available no later than May 31. School districts shall
816 administer statewide, standardized assessments in accordance
817 with the schedule established by the commissioner.
818 (b) By January of each year, the commissioner shall publish
819 on the department’s website a uniform calendar that includes the
820 assessment and reporting schedules for, at a minimum, the next 2
821 school years. The uniform calendar must be provided to school
822 districts in an electronic format that allows each school
823 district and public school to populate the calendar with, at
824 minimum, the following information for reporting the district
825 assessment schedules under paragraph (d):
826 1. Whether the assessment is a district-required assessment
827 or a state-required assessment.
828 2. The specific date or dates that each assessment will be
829 administered, including administrations of the coordinated
830 screening and progress monitoring system under s. 1008.25(8)(b).
831 3. The time allotted to administer each assessment.
832 4. Whether the assessment is a computer-based assessment or
833 a paper-based assessment.
834 5. The grade level or subject area associated with the
836 6. The date that the assessment results are expected to be
837 available to teachers and parents.
838 7. The type of assessment, the purpose of the assessment,
839 and the use of the assessment results.
840 8. A glossary of assessment terminology.
841 9. Estimates of average time for administering state
842 required and district-required assessments, by grade level.
843 (c) The spring administration of the statewide,
844 standardized assessments in paragraphs (3)(a) and (b), excluding
845 assessment retakes, must be in accordance with the following
847 1. The grade 3 statewide, standardized ELA assessment and
848 the writing portion of the statewide, standardized ELA
849 assessment must be administered no earlier than April 1 each
850 year within an assessment window not to exceed 2 weeks.
851 2. With the exception of assessments identified in
852 subparagraph 1., any statewide, standardized assessment that is
853 delivered in a paper-based format must be administered no
854 earlier than May 1 each year within an assessment window not to
855 exceed 2 weeks.
856 3. With the exception of assessments identified in
857 subparagraphs 1. and 2., any statewide, standardized assessment
858 must be administered within a 4-week assessment window that
859 opens no earlier than May 1 each year.
860 (e) A school district may not schedule more than 5 percent
861 of a student’s total school hours in a school year to administer
862 statewide, standardized assessments, the coordinated screening
863 and progress monitoring system under s. 1008.25(8)(b)2., and
864 district-required local assessments. The district must secure
865 written consent from a student’s parent before administering
866 district-required local assessments that, after applicable
867 statewide, standardized assessments and coordinated screening
868 and progress monitoring are scheduled, exceed the 5 percent test
869 administration limit for that student under this paragraph. The
870 5 percent test administration limit for a student under this
871 paragraph may be exceeded as needed to provide test
872 accommodations that are required by an IEP or are appropriate
873 for an English language learner who is currently receiving
874 services in a program operated in accordance with an approved
875 English language learner district plan pursuant to s. 1003.56.
876 Notwithstanding this paragraph, a student may choose within a
877 school year to take an examination or assessment adopted by
878 State Board of Education rule pursuant to this section and ss.
879 1007.27, 1008.30, and 1008.44.
880 (g) A school district must provide a student’s performance
881 results on district-required local assessments to the student’s
882 teachers and parent within 1 week and to the student’s parents
883 no later than 30 days after administering such assessments,
884 unless the superintendent determines in writing that extenuating
885 circumstances exist and reports the extenuating circumstances to
886 the district school board. Results must be made available
887 through a web-based portal as part of the school district’s
888 learning management system and in a printed format upon request
889 by a student’s parent.
890 (h) The results of statewide, standardized assessment in
891 ELA and mathematics, science, and social studies, including
892 assessment retakes, shall be reported in an easy-to-read and
893 understandable format and delivered in time to provide useful,
894 actionable information to students, parents, and each student’s
895 current teacher of record and teacher of record for the
896 subsequent school year; however, in any case, the district shall
897 provide the results pursuant to this paragraph within 1 week
898 after receiving the results from the department. A report of
899 student assessment results must, at a minimum, contain:
900 1. A clear explanation of the student’s performance on the
901 applicable statewide, standardized assessments.
902 2. Information identifying the student’s areas of strength
903 and areas in need of improvement.
904 3. Specific actions that may be taken, and the available
905 resources that may be used, by the student’s parent to assist
906 his or her child based on the student’s areas of strength and
907 areas in need of improvement.
908 4. Longitudinal information, if available, on the student’s
909 progress in each subject area based on previous statewide,
910 standardized assessment data.
911 5. Comparative information showing the student’s score
912 compared to other students in the school district, in the state,
913 or, if available, in other states.
914 6. Predictive information, if available, showing the
915 linkage between the scores attained by the student on the
916 statewide, standardized assessments and the scores he or she may
917 potentially attain on nationally recognized college entrance
920 The information included under this paragraph relating to
921 results from the statewide, standardized ELA assessments for
922 grades 3 through 10 and Mathematics assessments for grades 3
923 through 8 must be included in individual student reports under
924 s. 1008.25(8)(c).
925 (i) The State Board of Education shall adopt rules for the
926 development of the uniform calendar that, at minimum, define
927 terms that must be used in the calendar to describe various
928 assessments, including the terms “progress monitoring,”
929 “summative assessment,” “formative assessment,” and “interim
931 (13) INDEPENDENT REVIEW.—By January 31, 2025, the
932 Commissioner of Education shall provide recommendations to the
933 Governor, the President of the Senate, and the Speaker of the
934 House of Representatives based on an independent review of the
935 coordinated screening and progress monitoring system under s.
936 1008.25(8). At a minimum, the review and recommendations must
938 (a) The feasibility and validity of using results from
939 either the first or second administration of progress
940 monitoring, or both, in lieu of using the comprehensive, end-of
941 year progress monitoring assessment for purposes of
942 demonstrating a passing score, promotion to grade 4, meeting
943 graduation requirements, and calculating school grades in
944 accordance with s. 1008.34.
945 (b) Options for further reducing the statewide,
946 standardized assessment footprint while maintaining valid and
947 reliable data for purposes of school accountability and
948 providing school and student supports, including the use of
949 computer-adaptive assessments, consistent with the requirements
950 of the federal Elementary and Secondary Education Act, 20 U.S.C.
951 ss. 6301 et seq. and its implementing regulations.
952 (c) The feasibility and validity of remotely administering
953 statewide, standardized assessments and the coordinated
954 screening and progress monitoring system.
955 (d) Accelerating student progression based on results from
956 the coordinated screening and progress monitoring system, as
957 academically and developmentally appropriate.
958 (e) The incorporation of content from ELA instructional
959 materials adopted by the Commissioner of Education pursuant to
960 s. 1006.34 in test items within the coordinated screening and
961 progress monitoring system under s. 1008.25(8).
962 (f) The impact of the coordinated screening and progress
963 monitoring system on student learning growth data as measured by
964 the formula approved under s. 1012.34(7).
966 This subsection is repealed July 1, 2025.
967 Section 13. Section 1008.25, Florida Statutes, is amended
968 to read:
969 1008.25 Public school student progression; student support;
970 coordinated screening and progress monitoring; reporting
972 (1) INTENT.—It is the intent of the Legislature that each
973 student’s progression from one grade to another be determined,
974 in part, upon satisfactory performance in English Language Arts,
975 social studies, science, and mathematics; that district school
976 board policies facilitate student achievement; that each student
977 and his or her parent be informed of that student’s academic
978 progress; and that students have access to educational options
979 that provide academically challenging coursework or accelerated
980 instruction pursuant to s. 1002.3105.
981 (2) STUDENT PROGRESSION PLAN.—Each district school board
982 shall establish a comprehensive plan for student progression
983 which must provide for a student’s progression from one grade to
984 another based on the student’s mastery of the standards in s.
985 1003.41, specifically English Language Arts, mathematics,
986 science, and social studies standards. The plan must:
987 (a) Include criteria that emphasize student reading
988 proficiency in kindergarten through grade 3 and provide targeted
989 instructional support for students with identified deficiencies
990 in English Language Arts, mathematics, science, and social
991 studies. High schools shall use all available assessment
992 results, including the results of statewide, standardized
993 English Language Arts assessments and end-of-course assessments
994 for Algebra I and Geometry, to advise students of any identified
995 deficiencies and to provide appropriate postsecondary
996 preparatory instruction before high school graduation. The
997 results of evaluations used to monitor a student’s progress in
998 grades K-12 must be provided to the student’s teacher in a
999 timely manner and as otherwise required by law. Thereafter,
1000 evaluation results must be provided to the student’s parent in a
1001 timely manner. When available, instructional personnel must be
1002 provided with information on student achievement of standards
1003 and benchmarks in order to improve instruction.
1004 (b)1. List the student eligibility and procedural
1005 requirements established by the school district for whole-grade
1006 promotion, midyear promotion, and subject-matter acceleration
1007 that would result in a student attending a different school,
1008 pursuant to s. 1002.3105(2)(b).
1009 2. Notify parents and students of the school district’s
1010 process by which a parent may request student participation in
1011 whole-grade promotion, midyear promotion, or subject-matter
1012 acceleration that would result in a student attending a
1013 different school, pursuant to s. 1002.3105(4)(b)2.
1014 (c)1. Advise parents and students that additional ACCEL
1015 options may be available at the student’s school, pursuant to s.
1017 2. Advise parents and students to contact the principal at
1018 the student’s school for information related to student
1019 eligibility requirements for whole-grade promotion, midyear
1020 promotion, and subject-matter acceleration when the promotion or
1021 acceleration occurs within the principal’s school; virtual
1022 instruction in higher grade level subjects; and any other ACCEL
1023 options offered by the principal, pursuant to s.
1025 3. Advise parents and students to contact the principal at
1026 the student’s school for information related to the school’s
1027 process by which a parent may request student participation in
1028 whole-grade promotion, midyear promotion, and subject-matter
1029 acceleration when the promotion or acceleration occurs within
1030 the principal’s school; virtual instruction in higher grade
1031 level subjects; and any other ACCEL options offered by the
1032 principal, pursuant to s. 1002.3105(4)(b)1.
1033 (d) Advise parents and students of the early graduation
1034 options under s. 1003.4281.
1035 (e) List, or incorporate by reference, all dual enrollment
1036 courses contained within the dual enrollment articulation
1037 agreement established pursuant to s. 1007.271(21).
1038 (f) Provide instructional sequences by which students in
1039 kindergarten through high school may attain progressively higher
1040 levels of skill in the use of digital tools and applications.
1041 The instructional sequences must include participation in
1042 curricular and instructional options and the demonstration of
1043 competence of standards required pursuant to ss. 1003.41 and
1044 1003.4203 through attainment of industry certifications and
1045 other means of demonstrating credit requirements identified
1046 under ss. 1002.3105, 1003.4203, and 1003.4282.
1047 (3) ALLOCATION OF RESOURCES.—District school boards shall
1048 allocate remedial and supplemental instruction resources to
1049 students in the following priority:
1050 (a) Students in kindergarten through grade 3 who have a
1051 substantial deficiency in reading as determined in paragraph
1053 (b) Students who fail to meet performance levels required
1054 for promotion consistent with the district school board’s plan
1055 for student progression required in subsection (2).
1056 (4) ASSESSMENT AND SUPPORT.—
1057 (a) Each student must participate in the statewide,
1058 standardized assessment program required under s. 1008.22 and
1059 the Voluntary Prekindergarten Education Program through grade 8
1060 coordinated screening and progress monitoring system required
1061 under subsection (8). Each student who does not achieve a Level
1062 3 or above on the statewide, standardized English Language Arts
1063 assessment, the statewide, standardized Mathematics assessment,
1064 or the Algebra I EOC assessment must be evaluated to determine
1065 the nature of the student’s difficulty, the areas of academic
1066 need, and strategies for providing academic supports to improve
1067 the student’s performance.
1068 (b) A student who is not meeting the school district or
1069 state requirements for satisfactory performance in English
1070 Language Arts and mathematics must be covered by one of the
1071 following plans:
1072 1. A federally required student plan such as an individual
1073 education plan;
1074 2. A schoolwide system of progress monitoring for all
1075 students, except a student who scores Level 4 or above on the
1076 English Language Arts and Mathematics assessments may be
1077 exempted from participation by the principal; or
1078 3. An individualized progress monitoring plan.
1079 (c) A student who has a substantial reading deficiency as
1080 determined in paragraph (5)(a) must be covered by a federally
1081 required student plan, such as an individual education plan or
1082 an individualized progress monitoring plan, or both, as
1084 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
1085 (a) Any student in kindergarten through grade 3 who
1086 exhibits a substantial deficiency in reading based upon
1087 screening, diagnostic, progress monitoring, or assessment data;
1088 statewide assessments; or teacher observations must be provided
1089 intensive, explicit, systematic, and multisensory reading
1090 interventions immediately following the identification of the
1091 reading deficiency. A school may not wait for a student to
1092 receive a failing grade at the end of a grading period to
1093 identify the student as having a substantial reading deficiency
1094 and initiate intensive reading interventions. In addition, a
1095 school may not wait until an evaluation conducted pursuant to s.
1096 1003.57 is completed to provide appropriate, evidence-based
1097 interventions for a student whose parent submits documentation
1098 from a professional licensed under chapter 490 which
1099 demonstrates that the student has been diagnosed with dyslexia.
1100 Such interventions must be initiated upon receipt of the
1101 documentation and based on the student’s specific areas of
1102 difficulty as identified by the licensed professional. A
1103 student’s reading proficiency must be monitored and the
1104 intensive interventions must continue until the student
1105 demonstrates grade level proficiency in a manner determined by
1106 the district, which may include achieving a Level 3 on the
1107 statewide, standardized English Language Arts assessment. The
1108 State Board of Education shall identify by rule guidelines for
1109 determining whether a student in kindergarten through grade 3
1110 has a substantial deficiency in reading.
1111 (b) A Voluntary Prekindergarten Education Program student
1112 who exhibits a substantial deficiency in early literacy skills
1113 in accordance with the standards under s. 1002.67(1)(a) and
1114 based upon the results of the administration of the final
1115 coordinated screening and progress monitoring under subsection
1116 (8) s. 1008.2125 shall be referred to the local school district
1117 and may be eligible to receive intensive reading interventions
1118 before participating in kindergarten. Such intensive reading
1119 interventions shall be paid for using funds from the district’s
1120 evidence-based research-based reading instruction allocation in
1121 accordance with s. 1011.62(8) s. 1011.62(9).
1122 (c) To be promoted to grade 4, a student must score a Level
1123 2 or higher on the statewide, standardized English Language Arts
1124 assessment required under s. 1008.22 for grade 3. If a student’s
1125 reading deficiency is not remedied by the end of grade 3, as
1126 demonstrated by scoring Level 2 or higher on the statewide,
1127 standardized assessment required under s. 1008.22 for grade 3,
1128 the student must be retained.
1129 (d) The parent of any student who exhibits a substantial
1130 deficiency in reading, as described in paragraph (a), must be
1131 notified in writing of the following:
1132 1. That his or her child has been identified as having a
1133 substantial deficiency in reading, including a description and
1134 explanation, in terms understandable to the parent, of the exact
1135 nature of the student’s difficulty in learning and lack of
1136 achievement in reading.
1137 2. A description of the current services that are provided
1138 to the child.
1139 3. A description of the proposed intensive interventions
1140 and supports that will be provided to the child that are
1141 designed to remediate the identified area of reading deficiency.
1142 4. That if the child’s reading deficiency is not remediated
1143 by the end of grade 3, the child must be retained unless he or
1144 she is exempt from mandatory retention for good cause.
1145 5. Strategies, including multisensory strategies, through a
1146 read-at-home plan the parent can use in helping his or her child
1147 succeed in reading. The read-at-home plan must provide access to
1148 the resources identified in paragraph (e) paragraph (d).
1149 6. That the statewide, standardized English Language Arts
1150 assessment is not the sole determiner of promotion and that
1151 additional evaluations, portfolio reviews, and assessments are
1152 available to the child to assist parents and the school district
1153 in knowing when a child is reading at or above grade level and
1154 ready for grade promotion.
1155 7. The district’s specific criteria and policies for a
1156 portfolio as provided in subparagraph (6)(b)4. and the evidence
1157 required for a student to demonstrate mastery of Florida’s
1158 academic standards for English Language Arts. A school must
1159 immediately begin collecting evidence for a portfolio when a
1160 student in grade 3 is identified as being at risk of retention
1161 or upon the request of the parent, whichever occurs first.
1162 8. The district’s specific criteria and policies for
1163 midyear promotion. Midyear promotion means promotion of a
1164 retained student at any time during the year of retention once
1165 the student has demonstrated ability to read at grade level.
1166 9. Information about the student’s eligibility for the New
1167 Worlds Reading Initiative under s. 1003.485 and information on
1168 parent training modules and other reading engagement resources
1169 available through the initiative.
1171 After initial notification, the school shall apprise the parent
1172 at least monthly of the student’s progress in response to the
1173 intensive interventions and supports. Such communications must
1174 be in writing and must explain any additional interventions or
1175 supports that will be implemented to accelerate the student’s
1176 progress if the interventions and supports already being
1177 implemented have not resulted in improvement.
1178 (e) The Department of Education shall compile resources
1179 that each school district must incorporate into a read-at-home
1180 plan provided to the parent of a student who is identified as
1181 having a substantial reading deficiency pursuant to paragraph
1182 (d) paragraph (c). The resources must be made available in an
1183 electronic format that is accessible online and must include the
1185 1. Developmentally appropriate, evidence-based strategies
1186 and programming, including links to video training modules and
1187 opportunities to sign up for at-home reading tips delivered
1188 periodically via text and e-mail, which a parent can use to help
1189 improve his or her child’s literacy skills.
1190 2. An overview of the types of assessments used to identify
1191 reading deficiencies and what those assessments measure or do
1192 not measure, the frequency with which the assessments are
1193 administered, and the requirements for interventions and
1194 supports that districts must provide to students who do not make
1195 adequate academic progress.
1196 3. An overview of the process for initiating and conducting
1197 evaluations for exceptional education eligibility. The overview
1198 must include an explanation that a diagnosis of a medical
1199 condition alone is not sufficient to establish exceptional
1200 education eligibility but may be used to document how that
1201 condition relates to the student’s eligibility determination and
1202 may be disclosed in an eligible student’s individual education
1203 plan when necessary to inform school personnel responsible for
1204 implementing the plan.
1205 4. Characteristics of conditions associated with learning
1206 disorders, including dyslexia, dysgraphia, dyscalculia, and
1207 developmental aphasia.
1208 5. A list of resources that support informed parent
1209 involvement in decisionmaking processes for students who have
1210 difficulty in learning.
1212 Upon the request of a parent, resources meeting the requirements
1213 of this paragraph must be provided to the parent in a hardcopy
1215 (6) ELIMINATION OF SOCIAL PROMOTION.—
1216 (a) No student may be assigned to a grade level based
1217 solely on age or other factors that constitute social promotion.
1218 (b) The district school board may only exempt students from
1219 mandatory retention, as provided in paragraph (5)(c), for good
1220 cause. A student who is promoted to grade 4 with a good cause
1221 exemption shall be provided intensive reading instruction and
1222 intervention that include specialized diagnostic information and
1223 specific reading strategies to meet the needs of each student so
1224 promoted. The school district shall assist schools and teachers
1225 with the implementation of explicit, systematic, and
1226 multisensory reading instruction and intervention strategies for
1227 students promoted with a good cause exemption which research has
1228 shown to be successful in improving reading among students who
1229 have reading difficulties. Good cause exemptions are limited to
1230 the following:
1231 1. Limited English proficient students who have had less
1232 than 2 years of instruction in an English for Speakers of Other
1233 Languages program based on the initial date of entry into a
1234 school in the United States.
1235 2. Students with disabilities whose individual education
1236 plan indicates that participation in the statewide assessment
1237 program is not appropriate, consistent with the requirements of
1238 s. 1008.212.
1239 3. Students who demonstrate an acceptable level of
1240 performance on an alternative standardized reading or English
1241 Language Arts assessment approved by the State Board of
1243 4. A student who demonstrates through a student portfolio
1244 that he or she is performing at least at Level 2 on the
1245 statewide, standardized English Language Arts assessment.
1246 5. Students with disabilities who take the statewide,
1247 standardized English Language Arts assessment and who have an
1248 individual education plan or a Section 504 plan that reflects
1249 that the student has received intensive instruction in reading
1250 or English Language Arts for more than 2 years but still
1251 demonstrates a deficiency and was previously retained in
1252 kindergarten, grade 1, grade 2, or grade 3.
1253 6. Students who have received intensive reading
1254 intervention for 2 or more years but still demonstrate a
1255 deficiency in reading and who were previously retained in
1256 kindergarten, grade 1, grade 2, or grade 3 for a total of 2
1257 years. A student may not be retained more than once in grade 3.
1258 (c) Requests for good cause exemptions for students from
1259 the mandatory retention requirement as described in
1260 subparagraphs (b)3. and 4. shall be made consistent with the
1262 1. Documentation shall be submitted from the student’s
1263 teacher to the school principal that indicates that the
1264 promotion of the student is appropriate and is based upon the
1265 student’s academic record. In order to minimize paperwork
1266 requirements, such documentation shall consist only of the
1267 existing progress monitoring plan, individual educational plan,
1268 if applicable, report card, or student portfolio.
1269 2. The school principal shall review and discuss such
1270 recommendation with the teacher and make the determination as to
1271 whether the student should be promoted or retained. If the
1272 school principal determines that the student should be promoted,
1273 the school principal shall make such recommendation in writing
1274 to the district school superintendent. The district school
1275 superintendent shall accept or reject the school principal’s
1276 recommendation in writing.
1277 (7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE
1279 (a) Students retained under paragraph (5)(c) must be
1280 provided intensive interventions in reading to ameliorate the
1281 student’s specific reading deficiency and prepare the student
1282 for promotion to the next grade. These interventions must
1284 1. Evidence-based, explicit, systematic, and multisensory
1285 reading instruction in phonemic awareness, phonics, fluency,
1286 vocabulary, and comprehension and other strategies prescribed by
1287 the school district.
1288 2. Participation in the school district’s summer reading
1289 camp, which must incorporate the instructional and intervention
1290 strategies under subparagraph 1.
1291 3. A minimum of 90 minutes of daily, uninterrupted reading
1292 instruction incorporating the instructional and intervention
1293 strategies under subparagraph 1. This instruction may include:
1294 a. Coordinated integration of content-rich texts in science
1295 and civic literacy within the 90-minute block.
1296 b. Small group instruction.
1297 c. Reduced teacher-student ratios.
1298 d. More frequent progress monitoring.
1299 e. Tutoring or mentoring.
1300 f. Transition classes containing 3rd and 4th grade
1302 g. Extended school day, week, or year.
1303 (b) Each school district shall:
1304 1. Provide written notification to the parent of a student
1305 who is retained under paragraph (5)(c) that his or her child has
1306 not met the achievement proficiency level required for promotion
1307 and the reasons the child is not eligible for a good cause
1308 exemption as provided in paragraph (6)(b). The notification must
1309 comply with paragraph (5)(d) and must include a description of
1310 proposed interventions and supports that will be provided to the
1311 child to remediate the identified areas of reading deficiency.
1312 2. Implement a policy for the midyear promotion of a
1313 student retained under paragraph (5)(c) who can demonstrate that
1314 he or she is a successful and independent reader and performing
1315 at or above grade level in reading or, upon implementation of
1316 English Language Arts assessments, performing at or above grade
1317 level in English Language Arts. Tools that school districts may
1318 use in reevaluating a student retained may include subsequent
1319 assessments, alternative assessments, and portfolio reviews, in
1320 accordance with rules of the State Board of Education. Students
1321 promoted during the school year after November 1 must
1322 demonstrate achievement proficiency levels in reading equivalent
1323 to the level necessary for the beginning of grade 4. The rules
1324 adopted by the State Board of Education must include standards
1325 that provide a reasonable expectation that the student’s
1326 progress is sufficient to master appropriate grade 4 level
1327 reading skills.
1328 3. Provide students who are retained under paragraph
1329 (5)(c), including students participating in the school
1330 district’s summer reading camp under subparagraph (a)2., with a
1331 highly effective teacher who is certified or endorsed in reading
1332 and is rated highly effective as determined by the teacher’s
1333 performance evaluation under s. 1012.34 , and, beginning July 1,
1334 2020, the teacher must also be certified or endorsed in reading.
1335 4. Establish at each school, when applicable, an intensive
1336 reading acceleration course for any student retained in grade 3
1337 who was previously retained in kindergarten, grade 1, or grade
1338 2. The intensive reading acceleration course must provide the
1340 a. Uninterrupted reading instruction for the majority of
1341 student contact time each day and opportunities to master the
1342 grade 4 Next Generation Sunshine state academic standards in
1343 other core subject areas through content-rich texts.
1344 b. Small group instruction.
1345 c. Reduced teacher-student ratios.
1346 d. The use of explicit, systematic, and multisensory
1347 reading interventions, including intensive language, phonics,
1348 and vocabulary instruction, and use of a speech-language
1349 therapist if necessary, that have proven results in accelerating
1350 student reading achievement within the same school year.
1351 e. A read-at-home plan.
1352 (8) COORDINATED SCREENING AND PROGRESS MONITORING SYSTEM.—
1353 (a) The Department of Education, in collaboration with the
1354 Office of Early Learning, shall procure and require the use of a
1355 statewide, standardized coordinated screening and progress
1356 monitoring system for the Voluntary Prekindergarten Education
1357 Program and public schools serving kindergarten through grade 8
1358 students. The system must:
1359 1. Measure student progress in the Voluntary
1360 Prekindergarten Education Program through grade 8 in meeting the
1361 appropriate expectations in early literacy and mathematics
1362 skills and in English Language Arts and mathematics standards as
1363 required by ss. 1002.67(1)(a) and 1003.41 and identify the
1364 educational strengths and needs of students.
1365 2. For students in the Voluntary Prekindergarten Education
1366 Program through grade 3, measure student performance in oral
1367 language development, phonological and phonemic awareness,
1368 knowledge of print and letters, decoding, fluency, vocabulary,
1369 and comprehension, as applicable by grade level, and, at a
1370 minimum, provide interval level and norm-referenced data that
1371 measures equivalent levels of growth.
1372 3. Be a valid, reliable, and developmentally appropriate
1373 computer-based computer- adaptive direct instrument that provides
1374 screening and diagnostic capabilities for monitoring student
1375 progress; identifies students who have a substantial deficiency
1376 in reading, including identifying students with characteristics
1377 of dyslexia and other learning disorders; and informs
1378 instruction. Beginning with the 2023-2024 school year, the
1379 coordinated screening and progress monitoring system must be
1381 4. Provide data for Voluntary Prekindergarten Education
1382 Program accountability as required under s. 1002.68 s. 1002.67.
1383 5. Provide Voluntary Prekindergarten Education Program
1384 providers, school districts, schools, and teachers, and parents
1385 with data and resources that enhance differentiated instruction
1386 and parent communication.
1387 6. Provide baseline data to the department of each
1388 student’s readiness for kindergarten. The determination of
1389 kindergarten readiness must be based on the results of each
1390 student’s initial progress monitoring assessment in
1391 kindergarten. The methodology for determining a student’s
1392 readiness for kindergarten must be developed by the department
1393 and aligned to the methodology adopted pursuant to s.
1395 7. Assess how well educational goals and curricular
1396 standards are met at the provider, school, district, and state
1397 levels and provide information to the department to aid in the
1398 development of educational programs, policies, and supports for
1399 providers, districts, and schools.
1400 (b) Beginning with the 2022-2023 school year, private
1401 Voluntary Prekindergarten Education Program providers and public
1402 schools must participate in the coordinated screening and
1403 progress monitoring system pursuant to this paragraph.
1404 1. For students in the Voluntary Prekindergarten Education
1405 Program through grade 2, the coordinated screening and progress
1406 monitoring system must be administered at least three times
1407 within a program year or school year, as applicable, with the
1408 first administration occurring no later than the first 30
1409 instructional days after a student’s enrollment or the start of
1410 the program year or school year, the second administration
1411 occurring midyear, and the third administration occurring within
1412 the last 30 days of the program or school year pursuant to state
1413 board rule. The state board may adopt alternate timeframes to
1414 address nontraditional school year calendars or summer programs
1415 to ensure the coordinated screening and progress monitoring
1416 program is administered a minimum of three times within a year
1417 or program.
1418 2. For grades 3 through 10 English Language Arts and grades
1419 3 through 8 Mathematics, the coordinated screening and progress
1420 monitoring system must be administered at the beginning, middle,
1421 and end of the school year pursuant to state board rule. The
1422 end-of-year administration of the coordinated screening and
1423 progress monitoring system must be a comprehensive progress
1424 monitoring assessment administered in accordance with the
1425 scheduling requirements under s. 1008.22(7)(c).
1426 (c) To facilitate timely interventions and supports
1427 pursuant to subsection (4), the system must provide results from
1428 the first two administrations of the progress monitoring to a
1429 student’s teacher within 1 week and to the student’s parent
1430 within 2 weeks of the administration of the progress monitoring.
1431 Delivery of results from the comprehensive, end-of-year progress
1432 monitoring ELA assessment for grades 3 through 10 and
1433 Mathematics assessment for grades 3 through 8 must be in
1434 accordance with s. 1008.22(7)(h).
1435 1. A student’s results from the coordinated screening and
1436 progress monitoring system must be recorded in a written, easy
1437 to-comprehend individual student report. Each school district
1438 shall provide a parent secure access to his or her child’s
1439 individual student reports through a web-based portal as part of
1440 its learning management system. Each early learning coalition
1441 shall provide parents the individual student report in a format
1442 determined by state board rule.
1443 2. In addition to the information under subparagraph (a)5.,
1444 the report must also include parent resources that explain the
1445 purpose of progress monitoring, assist the parent in
1446 interpreting progress monitoring results, and support informed
1447 parent involvement. Parent resources may include personalized
1448 video formats.
1449 3. The department shall annually update school districts
1450 and early learning coalitions on new system features and
1451 functionality and collaboratively identify with school districts
1452 and early learning coalitions strategies for meaningfully
1453 reporting to parents results from the coordinated screening and
1454 progress monitoring system.
1455 4. An individual student report must be provided in a
1456 printed format upon a parent’s request
1457 (c) A Voluntary Prekindergarten Education Program student
1458 who is at risk of being identified as having a substantial
1459 deficiency in early literacy skills, based upon results under
1460 this subsection, must be referred to the school district in
1461 which he or she resides and may be eligible to receive early
1462 literacy instruction and interventions after program completion
1463 and before participating in kindergarten. Such instruction and
1464 interventions may be paid for using funds from the school
1465 district’s evidence-based reading instruction allocation in
1466 accordance with s. 1011.62(9).
1467 (d) Screening and progress monitoring system results,
1468 including the number of students who demonstrate characteristics
1469 of dyslexia, shall be reported to the department pursuant to
1470 state board rule and maintained in the department’s Education
1471 Data Warehouse. Results must be provided to a student’s teacher
1472 and parent in a timely manner as required in s. 1008.22(7)(g).
1473 (e) The department, in collaboration with the Office of
1474 Early Learning, shall provide training and support for effective
1475 implementation of the screening and progress monitoring system.
1476 (9) ANNUAL REPORT.—
1477 (a) In addition to the requirements in paragraph (5)(c),
1478 each district school board must annually report to the parent of
1479 each student the progress of the student toward achieving state
1480 and district expectations for proficiency in English Language
1481 Arts, science, social studies, and mathematics. The district
1482 school board must report to the parent the student’s results on
1483 each statewide, standardized assessment and the coordinated
1484 screening and progress monitoring system under subsection (8).
1485 The evaluation of each student’s progress must be based upon the
1486 student’s classroom work, observations, tests, district and
1487 state assessments, response to intensive interventions provided
1488 under paragraph (5)(a), and other relevant information. Progress
1489 reporting must be provided to the parent in writing in a format
1490 adopted by the district school board and must be accessible
1491 through secure, web-based options.
1492 (b) Each district school board must annually publish on the
1493 district website and in the local newspaper the following
1494 information on the prior school year:
1495 1. The provisions of this section relating to public school
1496 student progression and the district school board’s policies and
1497 procedures on student retention and promotion.
1498 2. By grade, the number and percentage of all students in
1499 grades 3 through 10 performing at Levels 1 and 2 on the
1500 statewide, standardized English Language Arts assessment.
1501 3. By grade, the number and percentage of all students
1502 retained in kindergarten through grade 10.
1503 4. Information on the total number of students who were
1504 promoted for good cause, by each category of good cause as
1505 specified in paragraph (6)(b).
1506 5. Any revisions to the district school board’s policies
1507 and procedures on student retention and promotion from the prior
1509 (10) RULEMAKING.—The State Board of Education shall adopt
1510 rules pursuant to ss. 120.536(1) and 120.54 for the
1511 administration of this section.
1512 Section 14. Subsection (7) is added to section 1008.34,
1513 Florida Statutes, to read:
1514 1008.34 School grading system; school report cards;
1515 district grade.—
1516 (7) TRANSITION.—To assist in the transition to 2022-2023
1517 school grades and district grades calculated based on the
1518 comprehensive, end-of-year progress monitoring assessment under
1519 s. 1008.25(8), the 2022-2023 school grades and district grades
1520 shall serve as an informational baseline for schools and
1521 districts to work toward improved performance in future years.
1522 Accordingly, notwithstanding any other provision of law:
1523 (a) Due to the absence of learning gains data in the 2022
1524 2023 school year, the initial school grading scale for the 2022
1525 2023 informational baseline grades shall be set so that the
1526 percentage of schools that earn an “A,” “B,” “C,” “D,” and “F”
1527 is statistically equivalent to the 2021-2022 school grades
1528 results. When learning gains data becomes available in the 2023
1529 2024 school year, the State Board of Education shall review the
1530 school grading scale and determine if the scale should be
1532 (b) A school may not be required to select and implement a
1533 turnaround option pursuant to s. 1008.33 in the 2023-2024 school
1534 year based on the school’s 2022-2023 grade. The benefits of s.
1535 1008.33(4)(c), relating to a school being released from
1536 implementation of the turnaround option, and s. 1008.33(4)(d),
1537 relating to a school implementing strategies identified in its
1538 school improvement plan, apply to a school using turnaround
1539 options pursuant to s. 1008.33 which improves to a grade of “C”
1540 or higher during the 2022-2023 school year.
1541 (c) A school or approved provider under s. 1002.45 which
1542 receives the same or lower school grade for the 2022-2023 school
1543 year compared to the 2021-2022 school year is not subject to
1544 sanctions or penalties that would otherwise occur as a result of
1545 the 2022-2023 school grade or rating. A charter school system or
1546 school district designated as high performing may not lose the
1547 designation based on the 2022-2023 school grades of any of the
1548 schools within the charter school system or school district or
1549 based on the 2022-2023 district grade, as applicable.
1550 (d) For purposes of determining grade 3 retention pursuant
1551 to s. 1008.25(5) and high school graduation pursuant to s.
1552 1003.4282, student performance on the 2022-2023 comprehensive,
1553 end-of-year progress monitoring assessment under s. 1008.25(8)
1554 shall be linked to 2021-2022 student performance expectations.
1555 In addition to the good cause exemptions under s. 1008.25(6), a
1556 student may be promoted to grade 4 for the 2023-2024 school year
1557 if the student demonstrates an acceptable level of performance
1558 through means reasonably calculated by the school district to
1559 provide reliable evidence of the student’s performance.
1561 This subsection is repealed July 1, 2025.
1562 Section 15. Subsection (7) is added to section 1008.341,
1563 Florida Statutes, to read:
1564 1008.341 School improvement rating for alternative
1566 (7) TRANSITION.—Due to the absence of learning gains data
1567 in the 2022-2023 school year, school improvement ratings will
1568 not be calculated for the 2022-2023 school year. When learning
1569 gains data becomes available in the 2023-2024 school year, the
1570 State Board of Education shall set the scale for the
1571 “Commendable,” “Maintaining,” and “Unsatisfactory” ratings
1572 pursuant to rule. This subsection is repealed July 1, 2025.
1573 Section 16. This act shall take effect July 1, 2022.