2022 Legislature CS for SB 1048, 1st Engrossed
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 exempting 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 specified
81 authorizations and requirements for the Department of
82 Education; providing effective dates.
84 Be It Enacted by the Legislature of the State of Florida:
86 Section 1. Paragraph (d) of subsection (1) and paragraph
87 (b) of subsection (3) of section 411.227, Florida Statutes, are
88 amended to read:
89 411.227 Components of the Learning Gateway.—The Learning
90 Gateway system consists of the following components:
91 (1) COMMUNITY EDUCATION STRATEGIES AND FAMILY-ORIENTED
93 (d) In collaboration with other local resources, the
94 demonstration projects shall develop public awareness strategies
95 to disseminate information about developmental milestones,
96 precursors of learning problems and other developmental delays,
97 and the service system that is available. The information should
98 target parents of children from birth through age 9 and should
99 be distributed to parents, health care providers, and caregivers
100 of children from birth through age 9. A variety of media should
101 be used as appropriate, such as print, television, radio, and a
102 community-based Internet website, as well as opportunities such
103 as those presented by parent visits to physicians for well-child
104 checkups. The Learning Gateway Steering Committee shall provide
105 technical assistance to the local demonstration projects in
106 developing and distributing educational materials and
108 1. Public awareness strategies targeting parents of
109 children from birth through age 5 shall be designed to provide
110 information to public and private preschool programs, child care
111 providers, pediatricians, parents, and local businesses and
112 organizations. These strategies should include information on
113 the school readiness performance standards adopted by the
114 Department of Education.
115 2. Public awareness strategies targeting parents of
116 children from ages 6 through 9 must be designed to disseminate
117 training materials and brochures to parents and public and
118 private school personnel, and must be coordinated with the local
119 school board and the appropriate school advisory committees in
120 the demonstration projects. The materials should contain
121 information on state and district achievement
122 for grades K-3.
123 (3) EARLY EDUCATION, SERVICES AND SUPPORTS.—
124 (b) Demonstration projects shall develop strategies to
125 increase the use of appropriate intervention practices with
126 children who have learning problems and learning disabilities
127 within public and private early care and education programs and
128 K-3 public and private school settings. Strategies may include
129 training and technical assistance teams. Intervention must be
130 coordinated and must focus on providing effective supports to
131 children and their families within their regular education and
132 community environment. These strategies must incorporate, as
133 appropriate, school and district activities related to the
134 student’s progress monitoring plan and must provide parents with
135 greater access to community-based services that should be
136 available beyond the traditional school day. Academic
137 expectations for public school students in grades K-3 must be
138 based upon the local school board’s adopted achievement
139 proficiency levels. When appropriate, school personnel shall
140 consult with the local Learning Gateway to identify other
141 community resources for supporting the child and the family.
142 Section 2. Subsection (7) of section 1000.21, Florida
143 Statutes, is amended to read:
144 1000.21 Systemwide definitions.—As used in the Florida
145 Early Learning-20 Education Code:
146 (7) “ Next Generation Sunshine State academic standards”
147 means the state’s public K-12 curricular standards adopted under
148 s. 1003.41.
149 Section 3. Paragraph (f) of subsection (3) and paragraphs
150 (a) and (d) of subsection (10) of section 1002.37, Florida
151 Statutes, are amended to read:
152 1002.37 The Florida Virtual School.—
153 (3) Funding for the Florida Virtual School shall be
154 provided as follows:
155 (f) The Florida Virtual School shall receive state funds
156 for operating purposes as provided in the General Appropriations
157 Act. The calculation to determine the amount of state funds
158 includes: the sum of the base Florida Education Finance Program
159 funding, the state-funded discretionary contribution and a per
160 full-time equivalent share of the discretionary millage
161 compression supplement, the exceptional student education
162 guaranteed allocation, the instructional materials allocation,
163 the evidence-based research-based reading instruction
164 allocation, the mental health assistance allocation, and the
165 teacher salary increase allocation. For the purpose of
166 calculating the state-funded discretionary contribution,
167 multiply the maximum allowable nonvoted discretionary millage
168 for operations pursuant to s. 1011.71(1) and (3) by the value of
169 96 percent of the current year’s taxable value for school
170 purposes for the state; divide the result by the total full-time
171 equivalent membership of the state; and multiply the result by
172 the full-time equivalent membership of the school. Funds may not
173 be provided for the purpose of fulfilling the class size
174 requirements in ss. 1003.03 and 1011.685.
175 (10)(a) Public school students receiving full-time
176 instruction in kindergarten through grade 12 by the Florida
177 Virtual School must take all statewide assessments required
178 pursuant to s. 1008.22 and participate in the coordinated
179 screening and progress monitoring system under s. 1008.25(8).
180 (d) Unless an alternative testing site is mutually agreed
181 to by the Florida Virtual School and the school district or as
182 contracted under s. 1008.24, all industry certification
183 examinations, national assessments, progress monitoring under s.
184 1008.25(8), and statewide assessments must be taken at the
185 school to which the student would be assigned according to
186 district school board attendance areas. A school district must
187 provide the student with access to the school’s testing
188 facilities and the date and time of the administration of
189 progress monitoring and each examination or assessment.
190 Section 4. Paragraph (b) of subsection (6) of section
191 1002.45, Florida Statutes, is amended to read:
192 1002.45 Virtual instruction programs.—
193 (6) STUDENT PARTICIPATION REQUIREMENTS.—Each student
194 enrolled in a virtual instruction program or virtual charter
195 school must:
196 (b) Take statewide assessments pursuant to s. 1008.22 and
197 participate in the coordinated screening and progress monitoring
198 system under s. 1008.25(8). Statewide assessments and progress
199 monitoring may be administered within the school district in
200 which such student resides, or as specified in the contract in
201 accordance with s. 1008.24(3). If requested by the approved
202 provider or virtual charter school, the district of residence
203 must provide the student with access to the district’s testing
205 Section 5. Paragraph (d) of subsection (6) of section
206 1002.53, Florida Statutes, is amended to read:
207 1002.53 Voluntary Prekindergarten Education Program;
208 eligibility and enrollment.—
210 (d) Each parent who enrolls his or her child in the
211 Voluntary Prekindergarten Education Program must allow his or
212 her child to participate in the coordinated screening and
213 progress monitoring program under s. 1008.25(8) s. 1008.2125.
214 Section 6. Paragraph (b) of subsection (2) of section
215 1002.67, Florida Statutes, is amended to read:
216 1002.67 Performance standards and curricula.—
218 (b) Each private prekindergarten provider’s and public
219 school’s curriculum must be developmentally appropriate and
221 1. Be designed to prepare a student for early literacy and
222 provide for instruction in early math skills;
223 2. Enhance the age-appropriate progress of students in
224 attaining the performance standards adopted by the department
225 under subsection (1); and
226 3. Support student learning gains through differentiated
227 instruction that shall be measured by the coordinated screening
228 and progress monitoring program under s. 1008.25(8) s.
230 Section 7. Paragraphs (a) and (b) of subsection (1),
231 paragraphs (b) and (e) of subsection (4), and paragraph (c) of
232 subsection (6) of section 1002.68, Florida Statutes, are amended
233 to read:
234 1002.68 Voluntary Prekindergarten Education Program
236 (1)(a) Beginning with the 2022-2023 program year, each
237 private prekindergarten provider and public school participating
238 in the Voluntary Prekindergarten Education Program must
239 participate in the coordinated screening and progress monitoring
240 program in accordance with s. 1008.25(8) s. 1008.2125. The
241 coordinated screening and progress monitoring program results
242 shall be used by the department to identify student learning
243 gains, index development learning outcomes upon program
244 completion relative to the performance standards established
245 under s. 1002.67 and representative norms, and inform a private
246 prekindergarten provider’s and public school’s performance
248 (b) At a minimum, the initial and final progress monitoring
249 or screening must be administered by individuals meeting
250 requirements adopted by the department under s. 1008.25(8) s.
253 (b) The methodology for calculating a provider’s
254 performance metric may not include students who are not
255 administered the coordinated screening and progress monitoring
256 program under s. 1008.25(8) s. 1008.2125.
257 (e) Subject to an appropriation, the department shall
258 provide for a differential payment to a private prekindergarten
259 provider and public school based on the provider’s designation.
260 The maximum differential payment may not exceed a total of 15
261 percent of the base student allocation per full-time equivalent
262 student under s. 1002.71 attending in the consecutive program
263 year for that program. A private prekindergarten provider or
264 public school may not receive a differential payment if it
265 receives a designation of “proficient” or lower. Before the
266 adoption of the methodology, the department shall confer with
267 the Council for Early Grade Success under s. 1008.2125 before
268 receiving approval from the State Board of Education for the
269 final recommendations on the designation system and differential
272 (c) The department shall adopt criteria for granting good
273 cause exemptions. Such criteria must include, but are not
274 limited to, all of the following:
275 1. Child demographic data that evidences a private
276 prekindergarten provider or public school serves a statistically
277 significant population of children with special needs who have
278 individual education plans and can demonstrate progress toward
279 meeting the goals outlined in the students’ individual education
281 2. Learning gains of children served in the Voluntary
282 Prekindergarten Education Program by the private prekindergarten
283 provider or public school on an alternative measure that has
284 comparable validity and reliability of the coordinated screening
285 and progress monitoring program in accordance with s. 1008.25(8)
286 s. 1008.2125.
287 3. Program assessment data under subsection (2) which
288 demonstrates effective teaching practices as recognized by the
289 tool developer.
290 4. Verification that local and state health and safety
291 requirements are met.
292 Section 8. Section 1003.41, Florida Statutes, is amended to
294 1003.41 Next Generation Sunshine State academic standards.—
295 (1) The Next Generation Sunshine state academic standards
296 establish the core content of the curricula to be taught in the
297 state and specify the core content knowledge and skills that K
298 12 public school students are expected to acquire. Standards
299 must be rigorous and relevant and provide for the logical,
300 sequential progression of core curricular content that
301 incrementally increases a student’s core content knowledge and
302 skills over time. Curricular content for all subjects must
303 integrate critical-thinking, problem-solving, and workforce
304 literacy skills; communication, reading, and writing skills;
305 mathematics skills; collaboration skills; contextual and
306 applied-learning skills; technology-literacy skills; information
307 and media-literacy skills; and civic-engagement skills. The
308 standards must include distinct grade-level expectations for the
309 core content knowledge and skills that a student is expected to
310 have acquired by each individual grade level from kindergarten
311 through grade 8. The standards for grades 9 through 12 may be
312 organized by grade clusters of more than one grade level except
313 as otherwise provided for visual and performing arts, physical
314 education, health, and foreign language standards.
315 (2) The Next Generation Sunshine state academic standards
316 must meet the following requirements:
317 (a) English Language Arts standards must establish specific
318 curricular content for, at a minimum, reading, writing, speaking
319 and listening, and language.
320 (b) Science standards must establish specific curricular
321 content for, at a minimum, the nature of science, earth and
322 space science, physical science, and life science.
323 (c) Mathematics standards must establish specific
324 curricular content for, at a minimum, algebra, geometry,
325 statistics and probability, number and quantity, functions, and
327 (d) Social Studies standards must establish specific
328 curricular content for, at a minimum, geography, United States
329 and world history, government, civics, humanities, economics,
330 and financial literacy.
331 (e) Visual and performing arts, physical education, health,
332 and foreign language standards must establish specific
333 curricular content and include distinct grade level expectations
334 for the core content knowledge and skills that a student is
335 expected to have acquired by each individual grade level from
336 kindergarten through grade 5. The standards for grades 6 through
337 12 may be organized by grade clusters of more than one grade
339 (3) The Commissioner of Education, as needed, shall develop
340 and submit proposed revisions to the standards for review and
341 comment by Florida educators, school administrators,
342 representatives of the Florida College System institutions and
343 state universities who have expertise in the content knowledge
344 and skills necessary to prepare a student for postsecondary
345 education and careers, business and industry leaders, and the
346 public. The commissioner, after considering reviews and
347 comments, shall submit the proposed revisions to the State Board
348 of Education for adoption.
349 (4) The State Board of Education shall adopt rules to
350 administer this section.
351 Section 9. Paragraph (c) of subsection (1) of section
352 1003.53, Florida Statutes, is amended to read:
353 1003.53 Dropout prevention and academic intervention.—
355 (c) A student shall be identified as being eligible to
356 receive services funded through the dropout prevention and
357 academic intervention program based upon one of the following
359 1. The student is academically unsuccessful as evidenced by
360 low test scores, retention, failing grades, low grade point
361 average, falling behind in earning credits, or not meeting the
362 state or district achievement proficiency levels in reading,
363 mathematics, or writing.
364 2. The student has a pattern of excessive absenteeism or
365 has been identified as a habitual truant.
366 3. The student has a history of disruptive behavior in
367 school or has committed an offense that warrants out-of-school
368 suspension or expulsion from school according to the district
369 school board’s code of student conduct. For the purposes of this
370 program, “disruptive behavior” is behavior that:
371 a. Interferes with the student’s own learning or the
372 educational process of others and requires attention and
373 assistance beyond that which the traditional program can provide
374 or results in frequent conflicts of a disruptive nature while
375 the student is under the jurisdiction of the school either in or
376 out of the classroom; or
377 b. Severely threatens the general welfare of students or
378 others with whom the student comes into contact.
379 4. The student is identified by a school’s early warning
380 system pursuant to s. 1001.42(18)(b).
381 Section 10. The Division of Law Revision is directed to
382 prepare a reviser’s bill for the 2023 Regular Session of the
383 Legislature to change the term “Next Generation Sunshine State
384 Standards” to “state academic standards” wherever the term
385 appears in the Florida Statutes.
386 Section 11. Section 1008.2125, Florida Statutes, is amended
387 to read:
388 1008.2125 The Council for Early Grade Success Coordinated
389 screening and progress monitoring program for students in the
390 Voluntary Prekindergarten Education Program through grade 3.—
391 (1) The primary purpose of the coordinated screening and
392 progress monitoring program for students in the Voluntary
393 Prekindergarten Education Program through grade 3 is to provide
394 information on students’ progress in mastering the appropriate
395 grade-level standards and to provide information on their
396 progress to parents, teachers, and school and program
397 administrators. Data shall be used by Voluntary Prekindergarten
398 Education Program providers and school districts to improve
399 instruction, by parents and teachers to guide learning
400 objectives and provide timely and appropriate supports and
401 interventions to students not meeting grade-level expectations,
402 and by the public to assess the cost benefit of the expenditure
403 of taxpayer dollars. The coordinated screening and progress
404 monitoring program must:
405 (a) Measure student progress in the Voluntary
406 Prekindergarten Education Program through grade 3 in meeting the
407 appropriate expectations in early literacy and math skills and
408 in English Language Arts and mathematics, as required by ss.
409 1002.67(1)(a) and 1003.41.
410 (b) Provide data for accountability of the Voluntary
411 Prekindergarten Education Program, as required by s. 1002.68.
412 (c) Provide baseline data to the department of each
413 student’s readiness for kindergarten, which must be based on
414 each kindergarten student’s progress monitoring results that was
415 administered no later than the first 30 instructional days in
416 accordance with paragraph (2)(a). The methodology for
417 determining a student’s readiness for kindergarten shall be
418 developed by the department and aligned to the methodology
419 adopted pursuant to s. 1002.68(4).
420 (d) Identify the educational strengths and needs of
421 students in the Voluntary Prekindergarten Education Program
422 through grade 3.
423 (e) Provide teachers with progress monitoring data to
424 provide timely interventions and supports pursuant to s.
426 (f) Assess how well educational goals and curricular
427 standards are met at the provider, school, district, and state
429 (g) Provide information to aid in the evaluation and
430 development of educational programs and policies.
431 (2) The Commissioner of Education shall design a statewide,
432 standardized coordinated screening and progress monitoring
433 program to assess early literacy and mathematics skills and the
434 English Language Arts and mathematics standards established in
435 ss. 1002.67(1)(a) and 1003.41, respectively. The coordinated
436 screening and progress monitoring program must provide interval
437 level and norm-referenced data that measures equivalent levels
438 of growth; be a developmentally appropriate, valid, and reliable
439 direct assessment; be able to capture data on students who may
440 be performing below grade or developmental level and which may
441 enable the identification of early indicators of dyslexia or
442 other developmental delays; accurately measure the core content
443 in the applicable grade level standards; document learning gains
444 for the achievement of these standards; and provide teachers
445 with progress monitoring supports and materials that enhance
446 differentiated instruction and parent communication.
447 Participation in the coordinated screening and progress
448 monitoring program is mandatory for all students in the
449 Voluntary Prekindergarten Education Program and enrolled in a
450 public school in kindergarten through grade 3. The coordinated
451 screening and progress monitoring program shall be implemented
452 beginning in the 2022-2023 school year for students in the
453 Voluntary Prekindergarten Education Program and kindergarten
454 students, as follows:
455 (a) The coordinated screening and progress monitoring
456 program shall be administered within the first 30 days after
457 enrollment, midyear, and within the last 30 days of the program
458 or school year, in accordance with the rules adopted by the
459 State Board of Education. The state board may adopt alternate
460 timeframes to address nontraditional school year calendars or
461 summer programs to ensure the coordinated screening and progress
462 monitoring program is administered a minimum of three times
463 within a year or program.
464 (b) The results of the coordinated screening and progress
465 monitoring program shall be reported to the department, in
466 accordance with the rules adopted by the state board, and
467 maintained in the department’s educational data warehouse.
468 (3) The Commissioner of Education shall:
469 (a) Develop a plan, in coordination with the Council for
470 Early Grade Success, for implementing the coordinated screening
471 and progress monitoring program in consideration of timelines
472 for implementing new early literacy and mathematics skills and
473 the English Language Arts and mathematics standards established
474 in ss. 1002.67(1)(a) and 1003.41, as appropriate.
475 (b) Provide data, reports, and information as requested to
476 the Council for Early Grade Success.
477 (1) (4) The Council for Early Grade Success, a council as
478 defined in s. 20.03(7), is created within the Department of
479 Education to oversee the coordinated screening and progress
480 monitoring program under s. 1008.25(8) for students in the
481 Voluntary Prekindergarten Education Program through grade 3 and,
482 except as otherwise provided in this section, shall operate
483 consistent with s. 20.052.
484 (a) The council shall be responsible for reviewing the
485 implementation of, training for, and outcomes from the
486 coordinated screening and progress monitoring program to provide
487 recommendations to the department that support grade 3 students
488 reading at or above grade level. The council, at a minimum,
490 1. Provide recommendations on the implementation of the
491 coordinated screening and progress monitoring program, including
492 reviewing any procurement solicitation documents and criteria
493 before being published.
494 2. Develop training plans and timelines for such training.
495 3. Identify appropriate personnel, processes, and
496 procedures required for the administration of the coordinated
497 screening and progress monitoring program.
498 4. Provide input on the methodology for calculating a
499 provider’s or school’s performance metric and designations under
500 s. 1002.68(4).
501 5. Work with the department to review the methodology for
502 determining a child’s kindergarten readiness.
503 6. Review data on age-appropriate learning gains by grade
504 level that a student would need to attain in order to
505 demonstrate proficiency in reading by grade 3.
506 7. Continually review anonymized data from the results of
507 the coordinated screening and progress monitoring program for
508 students in the Voluntary Prekindergarten Education Program
509 through grade 3 to help inform recommendations to the department
510 that support practices that will enable grade 3 students to read
511 at or above grade level.
512 (b) The council shall be composed of 17 members who are
513 residents of this the state and appointed as follows:
514 1. Three members appointed by the Governor, as follows:
515 a. One representative from the Department of Education.
516 b. One parent of a child who is 4 to 9 years of age.
517 c. One representative that is an elementary school
519 2. Seven members appointed by the President of the Senate,
520 as follows:
521 a. One senator who serves at the pleasure of the President
522 of the Senate.
523 b. One representative of an urban school district.
524 c. One representative of a rural early learning coalition.
525 d. One representative of a faith-based early learning
526 provider who offers the Voluntary Prekindergarten Education
528 e. One representative who is a second grade teacher who has
529 at least 5 years of teaching experience.
530 f. Two representatives with subject matter expertise in
531 early learning, early grade success, or child assessments.
532 3. Seven members appointed by the Speaker of the House of
533 Representatives, as follows:
534 a. One member of the House of Representatives who serves at
535 the pleasure of the Speaker of the House.
536 b. One representative of a rural school district.
537 c. One representative of an urban early learning coalition.
538 d. One representative of an early learning provider who
539 offers the Voluntary Prekindergarten Education Program.
540 e. One member who is a kindergarten teacher who has at
541 least 5 years of teaching experience.
542 f. Two representatives with subject matter expertise in
543 early learning, early grade success, or child assessment.
544 4. The four representatives with subject matter expertise
545 in sub-subparagraphs 2.f. and 3.f. may not be direct
546 stakeholders within the early learning or public school systems.
547 (2) The Commissioner of Education shall:
548 (a) Develop a plan, in coordination with the Council for
549 Early Grade Success, for implementing the coordinated screening
550 and progress monitoring program in consideration of timelines
551 for implementing new early literacy and mathematics skills and
552 the English Language Arts and mathematics standards established
553 in ss. 1002.67(1)(a) and 1003.41, as appropriate.
554 (b) Provide data, reports, and information as requested to
555 the Council for Early Grade Success.
556 (3) (5) The council shall elect a chair and vice chair, one
557 of whom must be a member who has subject matter expertise in
558 early learning, early grade success, or child assessments. The
559 vice chair must be a member appointed by the President of the
560 Senate or the Speaker of the House of Representatives who is not
561 one of the four members with subject matter expertise in early
562 learning, early grade success, or child assessments appointed
563 pursuant to sub-subparagraphs (1)(b)2.f. and 3.f. (4)(b)2.f. and
564 3.f. Members of the council shall serve without compensation but
565 are entitled to reimbursement for per diem and travel expenses
566 pursuant to s. 112.061.
567 Section 12. Present subsection (13) of section 1008.22,
568 Florida Statutes, is redesignated as subsection (14), a new
569 subsection (13) is added to that section, and subsections (3)
570 and (6) and paragraphs (a), (b), (c), (e), (g), (h), and (i) of
571 subsection (7) of that section are amended, to read:
572 1008.22 Student assessment program for public schools.—
573 (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
574 Commissioner of Education shall design and implement a
575 statewide, standardized assessment program aligned to the core
576 curricular content established in the Next Generation Sunshine
577 state academic standards. The commissioner also must develop or
578 select and implement a common battery of assessment tools that
579 will be used in all juvenile justice education programs in the
580 state. These tools must accurately measure the core curricular
581 content established in the Next Generation Sunshine state
582 academic standards. Participation in the assessment program is
583 mandatory for all school districts and all students attending
584 public schools, including adult students seeking a standard high
585 school diploma under s. 1003.4282 and students in Department of
586 Juvenile Justice education programs, except as otherwise
587 provided by law. If a student does not participate in the
588 assessment program, the school district must notify the
589 student’s parent and provide the parent with information
590 regarding the implications of such nonparticipation. The
591 statewide, standardized assessment program shall be designed and
592 implemented as follows:
593 (a) Statewide, standardized comprehensive assessments.—
594 1. The statewide, standardized English Language Arts (ELA)
595 assessments shall be administered to students in grades 3
596 through 10. Retake opportunities for the grade 10 ELA assessment
597 must be provided. Reading passages and writing prompts for ELA
598 assessments shall incorporate grade-level core curricula content
599 from social studies. The statewide, standardized Mathematics
600 assessments shall be administered annually in grades 3 through
601 8. The statewide, standardized Science assessment shall be
602 administered annually at least once at the elementary and middle
603 grades levels. In order to earn a standard high school diploma,
604 a student who has not earned a passing score on the grade 10 ELA
605 assessment must earn a passing score on the assessment retake or
606 earn a concordant score as authorized under subsection (9).
607 Statewide, standardized ELA and Mathematics assessments in
608 grades 3 through 6 must be delivered in a paper-based format.
609 2. Beginning with the 2022-2023 school year, the end-of
610 year comprehensive progress monitoring assessment administered
611 pursuant to s. 1008.25(8)(b)2. is the statewide, standardized
612 ELA assessment for students in grades 3 through 10 and the
613 statewide, standardized Mathematics assessment for students in
614 grades 3 through 8.
615 (b) End-of-course (EOC) assessments.—EOC assessments must
616 be statewide, standardized, and developed or approved by the
617 Department of Education as follows:
618 1. EOC assessments for Algebra I, Geometry, Biology I,
619 United States History, and Civics shall be administered to
620 students enrolled in such courses as specified in the course
621 code directory.
622 2. Students enrolled in a course, as specified in the
623 course code directory, with an associated statewide,
624 standardized EOC assessment must take the EOC assessment for
625 such course and may not take the corresponding subject or grade
626 level statewide, standardized assessment pursuant to paragraph
627 (a). Sections 1003.4156 and 1003.4282 govern the use of
628 statewide, standardized EOC assessment results for students.
629 3. The commissioner may select one or more nationally
630 developed comprehensive examinations, which may include
631 examinations for a College Board Advanced Placement course,
632 International Baccalaureate course, or Advanced International
633 Certificate of Education course, or industry-approved
634 examinations to earn national industry certifications identified
635 in the CAPE Industry Certification Funding List, for use as EOC
636 assessments under this paragraph if the commissioner determines
637 that the content knowledge and skills assessed by the
638 examinations meet or exceed the grade-level expectations for the
639 core curricular content established for the course in the Next
640 Generation Sunshine state academic standards. Use of any such
641 examination as an EOC assessment must be approved by the state
642 board in rule.
643 4. Contingent upon funding provided in the General
644 Appropriations Act, including the appropriation of funds
645 received through federal grants, the commissioner may establish
646 an implementation schedule for the development and
647 administration of additional statewide, standardized EOC
648 assessments that must be approved by the state board in rule. If
649 approved by the state board, student performance on such
650 assessments constitutes 30 percent of a student’s final course
652 5. All statewide, standardized EOC assessments must be
653 administered online except as otherwise provided in paragraph
655 6. A student enrolled in an Advanced Placement (AP),
656 International Baccalaureate (IB), or Advanced International
657 Certificate of Education (AICE) course who takes the respective
658 AP, IB, or AICE assessment and earns the minimum score necessary
659 to earn college credit, as identified in s. 1007.27(2), meets
660 the requirements of this paragraph and does not have to take the
661 EOC assessment for the corresponding course.
662 (c) Nationally recognized high school assessments.—Each
663 school district shall, by the 2021-2022 school year and subject
664 to appropriation, select either the SAT or ACT for districtwide
665 administration to each public school student in grade 11,
666 including students attending public high schools, alternative
667 schools, and Department of Juvenile Justice education programs.
668 (d) Students with disabilities; Florida Alternate
670 1. Each district school board must provide instruction to
671 prepare students with disabilities in the core content knowledge
672 and skills necessary for successful grade-to-grade progression
673 and high school graduation.
674 2. A student with a disability, as defined in s. 1007.02,
675 for whom the individual education plan (IEP) team determines
676 that the statewide, standardized assessments under this section
677 cannot accurately measure the student’s abilities, taking into
678 consideration all allowable accommodations, shall have
679 assessment results waived for the purpose of receiving a course
680 grade and a standard high school diploma. Such waiver shall be
681 designated on the student’s transcript. The statement of waiver
682 shall be limited to a statement that performance on an
683 assessment was waived for the purpose of receiving a course
684 grade or a standard high school diploma, as applicable.
685 3. The State Board of Education shall adopt rules, based
686 upon recommendations of the commissioner, for the provision of
687 assessment accommodations for students with disabilities and for
688 students who have limited English proficiency.
689 a. Accommodations that negate the validity of a statewide,
690 standardized assessment are not allowed during the
691 administration of the assessment. However, instructional
692 accommodations are allowed in the classroom if identified in a
693 student’s IEP. Students using instructional accommodations in
694 the classroom that are not allowed on a statewide, standardized
695 assessment may have assessment results waived if the IEP team
696 determines that the assessment cannot accurately measure the
697 student’s abilities.
698 b. If a student is provided with instructional
699 accommodations in the classroom that are not allowed as
700 accommodations for statewide, standardized assessments, the
701 district must inform the parent in writing and provide the
702 parent with information regarding the impact on the student’s
703 ability to meet expected performance levels. A parent must
704 provide signed consent for a student to receive classroom
705 instructional accommodations that would not be available or
706 permitted on a statewide, standardized assessment and
707 acknowledge in writing that he or she understands the
708 implications of such instructional accommodations.
709 c. If a student’s IEP states that online administration of
710 a statewide, standardized assessment will significantly impair
711 the student’s ability to perform, the assessment shall be
712 administered in hard copy.
713 4. For students with significant cognitive disabilities,
714 the Department of Education shall provide for implementation of
715 the Florida Alternate Assessment to accurately measure the core
716 curricular content established in the Next Generation Sunshine
717 state academic standards.
718 (e) Assessment scores and achievement levels.—
719 1. All statewide, standardized EOC assessments and ELA,
720 Mathematics, and Science assessments shall use scaled scores and
721 achievement levels. Achievement levels shall range from 1
722 through 5, with level 1 being the lowest achievement level,
723 level 5 being the highest achievement level, and level 3
724 indicating grade-level satisfactory performance on an
726 2. The state board shall designate by rule a passing score,
727 indicating grade-level performance, for each statewide,
728 standardized assessment.
729 3. If the commissioner seeks to revise a statewide,
730 standardized assessment and the revisions require the state
731 board to modify performance level scores, including the passing
732 score, the commissioner shall provide a copy of the proposed
733 scores and implementation plan to the President of the Senate
734 and the Speaker of the House of Representatives at least 45 90
735 days before submission to the state board for review. Until the
736 state board adopts the modifications by rule, the commissioner
737 shall use calculations for scoring the assessment that adjust
738 student scores on the revised assessment for statistical
739 equivalence to student scores on the former assessment. The
740 state board shall adopt by rule the passing score for the
741 revised assessment that is statistically equivalent to the
742 passing score on the discontinued assessment for a student who
743 is required to attain a passing score on the discontinued
744 assessment. The commissioner may, with approval of the state
745 board, discontinue administration of the former assessment upon
746 the graduation, based on normal student progression, of students
747 participating in the final regular administration of the former
748 assessment. If the commissioner revises a statewide,
749 standardized assessment and the revisions require the state
750 board to modify the passing score, only students taking the
751 assessment for the first time after the rule is adopted are
753 (f) Prohibited activities.—A district school board shall
754 prohibit each public school from suspending a regular program of
755 curricula for purposes of administering practice assessments or
756 engaging in other assessment-preparation activities for a
757 statewide, standardized assessment. However, a district school
758 board may authorize a public school to engage in the following
759 assessment-preparation activities:
760 1. Distributing to students sample assessment books and
761 answer keys published by the Department of Education.
762 2. Providing individualized instruction in assessment
763 taking strategies, without suspending the school’s regular
764 program of curricula, for a student who scores Level 1 or Level
765 2 on a prior administration of an assessment.
766 3. Providing individualized instruction in the content
767 knowledge and skills assessed, without suspending the school’s
768 regular program of curricula, for a student who scores Level 1
769 or Level 2 on a prior administration of an assessment or a
770 student who, through a diagnostic assessment administered by the
771 school district, is identified as having a deficiency in the
772 content knowledge and skills assessed.
773 4. Administering a practice assessment or engaging in other
774 assessment-preparation activities that are determined necessary
775 to familiarize students with the organization of the assessment,
776 the format of assessment items, and the assessment directions or
777 that are otherwise necessary for the valid and reliable
778 administration of the assessment, as set forth in rules adopted
779 by the State Board of Education with specific reference to this
781 (g) Contracts for assessments.—The commissioner shall
782 provide for the assessments to be developed or obtained, as
783 appropriate, through contracts and project agreements with
784 private vendors, public vendors, public agencies, postsecondary
785 educational institutions, or school districts. The commissioner
786 may enter into contracts for the continued administration of the
787 assessments authorized and funded by the Legislature. Contracts
788 may be initiated in 1 fiscal year and continue into the next
789 fiscal year and may be paid from the appropriations of either or
790 both fiscal years. The commissioner may negotiate for the sale
791 or lease of tests, scoring protocols, test scoring services, and
792 related materials developed pursuant to law.
793 (6) LOCAL ASSESSMENT OF STUDENT PERFORMANCE ON STATE
794 STANDARDS.—Measurement of student performance is the
795 responsibility of school districts except in those subjects and
796 grade levels measured under the statewide, standardized
797 assessment program described in this section and the coordinated
798 screening and progress monitoring system under s. 1008.25(8).
799 When available, instructional personnel must be provided with
800 information on student achievement of standards and benchmarks
801 in order to improve instruction.
802 (7) ASSESSMENT SCHEDULES AND REPORTING OF RESULTS.—
803 (a) The Commissioner of Education shall establish schedules
804 for the administration of statewide, standardized assessments
805 and the reporting of student assessment results. The
806 commissioner shall consider the observance of religious and
807 school holidays when developing the schedules. The assessment
808 and reporting schedules must provide the earliest possible
809 reporting of student assessment results to the school districts.
810 Assessment results for the statewide, standardized ELA and
811 Mathematics assessments and all statewide, standardized EOC
812 assessments must be made available no later than June 30, except
813 for results for the grade 3 statewide, standardized ELA
814 assessment, which must be made available no later than May 31.
815 Beginning with the 2023-2024 school year, assessment results for
816 the statewide, standardized ELA and Mathematics assessments must
817 be available no later than May 31. School districts shall
818 administer statewide, standardized assessments in accordance
819 with the schedule established by the commissioner.
820 (b) By January of each year, the commissioner shall publish
821 on the department’s website a uniform calendar that includes the
822 assessment and reporting schedules for, at a minimum, the next 2
823 school years. The uniform calendar must be provided to school
824 districts in an electronic format that allows each school
825 district and public school to populate the calendar with, at
826 minimum, the following information for reporting the district
827 assessment schedules under paragraph (d):
828 1. Whether the assessment is a district-required assessment
829 or a state-required assessment.
830 2. The specific date or dates that each assessment will be
831 administered, including administrations of the coordinated
832 screening and progress monitoring system under s. 1008.25(8)(b).
833 3. The time allotted to administer each assessment.
834 4. Whether the assessment is a computer-based assessment or
835 a paper-based assessment.
836 5. The grade level or subject area associated with the
838 6. The date that the assessment results are expected to be
839 available to teachers and parents.
840 7. The type of assessment, the purpose of the assessment,
841 and the use of the assessment results.
842 8. A glossary of assessment terminology.
843 9. Estimates of average time for administering state
844 required and district-required assessments, by grade level.
845 (c) The spring administration of the statewide,
846 standardized assessments in paragraphs (3)(a) and (b), excluding
847 assessment retakes, must be in accordance with the following
849 1. The grade 3 statewide, standardized ELA assessment and
850 the writing portion of the statewide, standardized ELA
851 assessment must be administered no earlier than April 1 each
852 year within an assessment window not to exceed 2 weeks.
853 2. With the exception of assessments identified in
854 subparagraph 1., any statewide, standardized assessment that is
855 delivered in a paper-based format must be administered no
856 earlier than May 1 each year within an assessment window not to
857 exceed 2 weeks.
858 3. With the exception of assessments identified in
859 subparagraphs 1. and 2., any statewide, standardized assessment
860 must be administered within a 4-week assessment window that
861 opens no earlier than May 1 each year.
862 (e) A school district may not schedule more than 5 percent
863 of a student’s total school hours in a school year to administer
864 statewide, standardized assessments, the coordinated screening
865 and progress monitoring system under s. 1008.25(8)(b)2., and
866 district-required local assessments. The district must secure
867 written consent from a student’s parent before administering
868 district-required local assessments that, after applicable
869 statewide, standardized assessments and coordinated screening
870 and progress monitoring are scheduled, exceed the 5 percent test
871 administration limit for that student under this paragraph. The
872 5 percent test administration limit for a student under this
873 paragraph may be exceeded as needed to provide test
874 accommodations that are required by an IEP or are appropriate
875 for an English language learner who is currently receiving
876 services in a program operated in accordance with an approved
877 English language learner district plan pursuant to s. 1003.56.
878 Notwithstanding this paragraph, a student may choose within a
879 school year to take an examination or assessment adopted by
880 State Board of Education rule pursuant to this section and ss.
881 1007.27, 1008.30, and 1008.44.
882 (g) A school district must provide a student’s performance
883 results on district-required local assessments to the student’s
884 teachers and parent within 1 week and to the student’s parents
885 no later than 30 days after administering such assessments,
886 unless the superintendent determines in writing that extenuating
887 circumstances exist and reports the extenuating circumstances to
888 the district school board. Results must be made available
889 through a web-based portal as part of the school district’s
890 student information system and in a printed format upon request
891 by a student’s parent.
892 (h) The results of statewide, standardized assessment in
893 ELA and mathematics, science, and social studies, including
894 assessment retakes, shall be reported in an easy-to-read and
895 understandable format and delivered in time to provide useful,
896 actionable information to students, parents, and each student’s
897 current teacher of record and teacher of record for the
898 subsequent school year; however, in any case, the district shall
899 provide the results pursuant to this paragraph within 1 week
900 after receiving the results from the department. A report of
901 student assessment results must, at a minimum, contain:
902 1. A clear explanation of the student’s performance on the
903 applicable statewide, standardized assessments.
904 2. Information identifying the student’s areas of strength
905 and areas in need of improvement.
906 3. Specific actions that may be taken, and the available
907 resources that may be used, by the student’s parent to assist
908 his or her child based on the student’s areas of strength and
909 areas in need of improvement.
910 4. Longitudinal information, if available, on the student’s
911 progress in each subject area based on previous statewide,
912 standardized assessment data.
913 5. Comparative information showing the student’s score
914 compared to other students in the school district, in the state,
915 or, if available, in other states.
916 6. Predictive information, if available, showing the
917 linkage between the scores attained by the student on the
918 statewide, standardized assessments and the scores he or she may
919 potentially attain on nationally recognized college entrance
922 The information included under this paragraph relating to
923 results from the statewide, standardized ELA assessments for
924 grades 3 through 10 and Mathematics assessments for grades 3
925 through 8 must be included in individual student reports under
926 s. 1008.25(8)(c).
927 (i) The State Board of Education shall adopt rules for the
928 development of the uniform calendar that, at minimum, define
929 terms that must be used in the calendar to describe various
930 assessments, including the terms “progress monitoring,”
931 “summative assessment,” “formative assessment,” and “interim
933 (13) INDEPENDENT REVIEW.—By January 31, 2025, the
934 Commissioner of Education shall provide recommendations to the
935 Governor, the President of the Senate, and the Speaker of the
936 House of Representatives based on an independent review of the
937 coordinated screening and progress monitoring system under s.
938 1008.25(8). At a minimum, the review and recommendations must
940 (a) The feasibility and validity of using results from
941 either the first or second administration of progress
942 monitoring, or both, in lieu of using the comprehensive, end-of
943 year progress monitoring assessment for purposes of
944 demonstrating a passing score, promotion to grade 4, meeting
945 graduation requirements, and calculating school grades in
946 accordance with s. 1008.34.
947 (b) Options for further reducing the statewide,
948 standardized assessment footprint while maintaining valid and
949 reliable data for purposes of school accountability and
950 providing school and student supports, including the use of
951 computer-adaptive assessments, consistent with the requirements
952 of the federal Elementary and Secondary Education Act, 20 U.S.C.
953 ss. 6301 et seq. and its implementing regulations.
954 (c) The feasibility and validity of remotely administering
955 statewide, standardized assessments and the coordinated
956 screening and progress monitoring system.
957 (d) Accelerating student progression based on results from
958 the coordinated screening and progress monitoring system, as
959 academically and developmentally appropriate.
960 (e) The incorporation of content from ELA instructional
961 materials adopted by the Commissioner of Education pursuant to
962 s. 1006.34 in test items within the coordinated screening and
963 progress monitoring system under s. 1008.25(8).
964 (f) The impact of the coordinated screening and progress
965 monitoring system on student learning growth data as measured by
966 the formula approved under s. 1012.34(7).
968 This subsection is repealed July 1, 2025.
969 Section 13. Section 1008.25, Florida Statutes, is amended
970 to read:
971 1008.25 Public school student progression; student support;
972 coordinated screening and progress monitoring; reporting
974 (1) INTENT.—It is the intent of the Legislature that each
975 student’s progression from one grade to another be determined,
976 in part, upon satisfactory performance in English Language Arts,
977 social studies, science, and mathematics; that district school
978 board policies facilitate student achievement; that each student
979 and his or her parent be informed of that student’s academic
980 progress; and that students have access to educational options
981 that provide academically challenging coursework or accelerated
982 instruction pursuant to s. 1002.3105.
983 (2) STUDENT PROGRESSION PLAN.—Each district school board
984 shall establish a comprehensive plan for student progression
985 which must provide for a student’s progression from one grade to
986 another based on the student’s mastery of the standards in s.
987 1003.41, specifically English Language Arts, mathematics,
988 science, and social studies standards. The plan must:
989 (a) Include criteria that emphasize student reading
990 proficiency in kindergarten through grade 3 and provide targeted
991 instructional support for students with identified deficiencies
992 in English Language Arts, mathematics, science, and social
993 studies. High schools shall use all available assessment
994 results, including the results of statewide, standardized
995 English Language Arts assessments and end-of-course assessments
996 for Algebra I and Geometry, to advise students of any identified
997 deficiencies and to provide appropriate postsecondary
998 preparatory instruction before high school graduation. The
999 results of evaluations used to monitor a student’s progress in
1000 grades K-12 must be provided to the student’s teacher in a
1001 timely manner and as otherwise required by law. Thereafter,
1002 evaluation results must be provided to the student’s parent in a
1003 timely manner. When available, instructional personnel must be
1004 provided with information on student achievement of standards
1005 and benchmarks in order to improve instruction.
1006 (b)1. List the student eligibility and procedural
1007 requirements established by the school district for whole-grade
1008 promotion, midyear promotion, and subject-matter acceleration
1009 that would result in a student attending a different school,
1010 pursuant to s. 1002.3105(2)(b).
1011 2. Notify parents and students of the school district’s
1012 process by which a parent may request student participation in
1013 whole-grade promotion, midyear promotion, or subject-matter
1014 acceleration that would result in a student attending a
1015 different school, pursuant to s. 1002.3105(4)(b)2.
1016 (c)1. Advise parents and students that additional ACCEL
1017 options may be available at the student’s school, pursuant to s.
1019 2. Advise parents and students to contact the principal at
1020 the student’s school for information related to student
1021 eligibility requirements for whole-grade promotion, midyear
1022 promotion, and subject-matter acceleration when the promotion or
1023 acceleration occurs within the principal’s school; virtual
1024 instruction in higher grade level subjects; and any other ACCEL
1025 options offered by the principal, pursuant to s.
1027 3. Advise parents and students to contact the principal at
1028 the student’s school for information related to the school’s
1029 process by which a parent may request student participation in
1030 whole-grade promotion, midyear promotion, and subject-matter
1031 acceleration when the promotion or acceleration occurs within
1032 the principal’s school; virtual instruction in higher grade
1033 level subjects; and any other ACCEL options offered by the
1034 principal, pursuant to s. 1002.3105(4)(b)1.
1035 (d) Advise parents and students of the early graduation
1036 options under s. 1003.4281.
1037 (e) List, or incorporate by reference, all dual enrollment
1038 courses contained within the dual enrollment articulation
1039 agreement established pursuant to s. 1007.271(21).
1040 (f) Provide instructional sequences by which students in
1041 kindergarten through high school may attain progressively higher
1042 levels of skill in the use of digital tools and applications.
1043 The instructional sequences must include participation in
1044 curricular and instructional options and the demonstration of
1045 competence of standards required pursuant to ss. 1003.41 and
1046 1003.4203 through attainment of industry certifications and
1047 other means of demonstrating credit requirements identified
1048 under ss. 1002.3105, 1003.4203, and 1003.4282.
1049 (3) ALLOCATION OF RESOURCES.—District school boards shall
1050 allocate remedial and supplemental instruction resources to
1051 students in the following priority:
1052 (a) Students in kindergarten through grade 3 who have a
1053 substantial deficiency in reading as determined in paragraph
1055 (b) Students who fail to meet performance levels required
1056 for promotion consistent with the district school board’s plan
1057 for student progression required in subsection (2).
1058 (4) ASSESSMENT AND SUPPORT.—
1059 (a) Each student must participate in the statewide,
1060 standardized assessment program required under s. 1008.22 and
1061 the Voluntary Prekindergarten Education Program through grade 8
1062 coordinated screening and progress monitoring system required
1063 under subsection (8). Each student who does not achieve a Level
1064 3 or above on the statewide, standardized English Language Arts
1065 assessment, the statewide, standardized Mathematics assessment,
1066 or the Algebra I EOC assessment must be evaluated to determine
1067 the nature of the student’s difficulty, the areas of academic
1068 need, and strategies for providing academic supports to improve
1069 the student’s performance.
1070 (b) A student who is not meeting the school district or
1071 state requirements for satisfactory performance in English
1072 Language Arts and mathematics must be covered by one of the
1073 following plans:
1074 1. A federally required student plan such as an individual
1075 education plan;
1076 2. A schoolwide system of progress monitoring for all
1077 students, except a student who scores Level 4 or above on the
1078 English Language Arts and Mathematics assessments may be
1079 exempted from participation by the principal; or
1080 3. An individualized progress monitoring plan.
1081 (c) A student who has a substantial reading deficiency as
1082 determined in paragraph (5)(a) must be covered by a federally
1083 required student plan, such as an individual education plan or
1084 an individualized progress monitoring plan, or both, as
1086 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
1087 (a) Any student in kindergarten through grade 3 who
1088 exhibits a substantial deficiency in reading based upon
1089 screening, diagnostic, progress monitoring, or assessment data;
1090 statewide assessments; or teacher observations must be provided
1091 intensive, explicit, systematic, and multisensory reading
1092 interventions immediately following the identification of the
1093 reading deficiency. A school may not wait for a student to
1094 receive a failing grade at the end of a grading period to
1095 identify the student as having a substantial reading deficiency
1096 and initiate intensive reading interventions. In addition, a
1097 school may not wait until an evaluation conducted pursuant to s.
1098 1003.57 is completed to provide appropriate, evidence-based
1099 interventions for a student whose parent submits documentation
1100 from a professional licensed under chapter 490 which
1101 demonstrates that the student has been diagnosed with dyslexia.
1102 Such interventions must be initiated upon receipt of the
1103 documentation and based on the student’s specific areas of
1104 difficulty as identified by the licensed professional. A
1105 student’s reading proficiency must be monitored and the
1106 intensive interventions must continue until the student
1107 demonstrates grade level proficiency in a manner determined by
1108 the district, which may include achieving a Level 3 on the
1109 statewide, standardized English Language Arts assessment. The
1110 State Board of Education shall identify by rule guidelines for
1111 determining whether a student in kindergarten through grade 3
1112 has a substantial deficiency in reading.
1113 (b) A Voluntary Prekindergarten Education Program student
1114 who exhibits a substantial deficiency in early literacy skills
1115 in accordance with the standards under s. 1002.67(1)(a) and
1116 based upon the results of the administration of the final
1117 coordinated screening and progress monitoring under subsection
1118 (8) s. 1008.2125 shall be referred to the local school district
1119 and may be eligible to receive intensive reading interventions
1120 before participating in kindergarten. Such intensive reading
1121 interventions shall be paid for using funds from the district’s
1122 evidence-based research-based reading instruction allocation in
1123 accordance with s. 1011.62(8) s. 1011.62(9).
1124 (c) To be promoted to grade 4, a student must score a Level
1125 2 or higher on the statewide, standardized English Language Arts
1126 assessment required under s. 1008.22 for grade 3. If a student’s
1127 reading deficiency is not remedied by the end of grade 3, as
1128 demonstrated by scoring Level 2 or higher on the statewide,
1129 standardized assessment required under s. 1008.22 for grade 3,
1130 the student must be retained.
1131 (d) The parent of any student who exhibits a substantial
1132 deficiency in reading, as described in paragraph (a), must be
1133 notified in writing of the following:
1134 1. That his or her child has been identified as having a
1135 substantial deficiency in reading, including a description and
1136 explanation, in terms understandable to the parent, of the exact
1137 nature of the student’s difficulty in learning and lack of
1138 achievement in reading.
1139 2. A description of the current services that are provided
1140 to the child.
1141 3. A description of the proposed intensive interventions
1142 and supports that will be provided to the child that are
1143 designed to remediate the identified area of reading deficiency.
1144 4. That if the child’s reading deficiency is not remediated
1145 by the end of grade 3, the child must be retained unless he or
1146 she is exempt from mandatory retention for good cause.
1147 5. Strategies, including multisensory strategies, through a
1148 read-at-home plan the parent can use in helping his or her child
1149 succeed in reading. The read-at-home plan must provide access to
1150 the resources identified in paragraph (e) paragraph (d).
1151 6. That the statewide, standardized English Language Arts
1152 assessment is not the sole determiner of promotion and that
1153 additional evaluations, portfolio reviews, and assessments are
1154 available to the child to assist parents and the school district
1155 in knowing when a child is reading at or above grade level and
1156 ready for grade promotion.
1157 7. The district’s specific criteria and policies for a
1158 portfolio as provided in subparagraph (6)(b)4. and the evidence
1159 required for a student to demonstrate mastery of Florida’s
1160 academic standards for English Language Arts. A school must
1161 immediately begin collecting evidence for a portfolio when a
1162 student in grade 3 is identified as being at risk of retention
1163 or upon the request of the parent, whichever occurs first.
1164 8. The district’s specific criteria and policies for
1165 midyear promotion. Midyear promotion means promotion of a
1166 retained student at any time during the year of retention once
1167 the student has demonstrated ability to read at grade level.
1168 9. Information about the student’s eligibility for the New
1169 Worlds Reading Initiative under s. 1003.485 and information on
1170 parent training modules and other reading engagement resources
1171 available through the initiative.
1173 After initial notification, the school shall apprise the parent
1174 at least monthly of the student’s progress in response to the
1175 intensive interventions and supports. Such communications must
1176 be in writing and must explain any additional interventions or
1177 supports that will be implemented to accelerate the student’s
1178 progress if the interventions and supports already being
1179 implemented have not resulted in improvement.
1180 (e) The Department of Education shall compile resources
1181 that each school district must incorporate into a read-at-home
1182 plan provided to the parent of a student who is identified as
1183 having a substantial reading deficiency pursuant to paragraph
1184 (d) paragraph (c). The resources must be made available in an
1185 electronic format that is accessible online and must include the
1187 1. Developmentally appropriate, evidence-based strategies
1188 and programming, including links to video training modules and
1189 opportunities to sign up for at-home reading tips delivered
1190 periodically via text and e-mail, which a parent can use to help
1191 improve his or her child’s literacy skills.
1192 2. An overview of the types of assessments used to identify
1193 reading deficiencies and what those assessments measure or do
1194 not measure, the frequency with which the assessments are
1195 administered, and the requirements for interventions and
1196 supports that districts must provide to students who do not make
1197 adequate academic progress.
1198 3. An overview of the process for initiating and conducting
1199 evaluations for exceptional education eligibility. The overview
1200 must include an explanation that a diagnosis of a medical
1201 condition alone is not sufficient to establish exceptional
1202 education eligibility but may be used to document how that
1203 condition relates to the student’s eligibility determination and
1204 may be disclosed in an eligible student’s individual education
1205 plan when necessary to inform school personnel responsible for
1206 implementing the plan.
1207 4. Characteristics of conditions associated with learning
1208 disorders, including dyslexia, dysgraphia, dyscalculia, and
1209 developmental aphasia.
1210 5. A list of resources that support informed parent
1211 involvement in decisionmaking processes for students who have
1212 difficulty in learning.
1214 Upon the request of a parent, resources meeting the requirements
1215 of this paragraph must be provided to the parent in a hardcopy
1217 (6) ELIMINATION OF SOCIAL PROMOTION.—
1218 (a) No student may be assigned to a grade level based
1219 solely on age or other factors that constitute social promotion.
1220 (b) The district school board may only exempt students from
1221 mandatory retention, as provided in paragraph (5)(c), for good
1222 cause. A student who is promoted to grade 4 with a good cause
1223 exemption shall be provided intensive reading instruction and
1224 intervention that include specialized diagnostic information and
1225 specific reading strategies to meet the needs of each student so
1226 promoted. The school district shall assist schools and teachers
1227 with the implementation of explicit, systematic, and
1228 multisensory reading instruction and intervention strategies for
1229 students promoted with a good cause exemption which research has
1230 shown to be successful in improving reading among students who
1231 have reading difficulties. Good cause exemptions are limited to
1232 the following:
1233 1. Limited English proficient students who have had less
1234 than 2 years of instruction in an English for Speakers of Other
1235 Languages program based on the initial date of entry into a
1236 school in the United States.
1237 2. Students with disabilities whose individual education
1238 plan indicates that participation in the statewide assessment
1239 program is not appropriate, consistent with the requirements of
1240 s. 1008.212.
1241 3. Students who demonstrate an acceptable level of
1242 performance on an alternative standardized reading or English
1243 Language Arts assessment approved by the State Board of
1245 4. A student who demonstrates through a student portfolio
1246 that he or she is performing at least at Level 2 on the
1247 statewide, standardized English Language Arts assessment.
1248 5. Students with disabilities who take the statewide,
1249 standardized English Language Arts assessment and who have an
1250 individual education plan or a Section 504 plan that reflects
1251 that the student has received intensive instruction in reading
1252 or English Language Arts for more than 2 years but still
1253 demonstrates a deficiency and was previously retained in
1254 kindergarten, grade 1, grade 2, or grade 3.
1255 6. Students who have received intensive reading
1256 intervention for 2 or more years but still demonstrate a
1257 deficiency in reading and who were previously retained in
1258 kindergarten, grade 1, grade 2, or grade 3 for a total of 2
1259 years. A student may not be retained more than once in grade 3.
1260 (c) Requests for good cause exemptions for students from
1261 the mandatory retention requirement as described in
1262 subparagraphs (b)3. and 4. shall be made consistent with the
1264 1. Documentation shall be submitted from the student’s
1265 teacher to the school principal that indicates that the
1266 promotion of the student is appropriate and is based upon the
1267 student’s academic record. In order to minimize paperwork
1268 requirements, such documentation shall consist only of the
1269 existing progress monitoring plan, individual educational plan,
1270 if applicable, report card, or student portfolio.
1271 2. The school principal shall review and discuss such
1272 recommendation with the teacher and make the determination as to
1273 whether the student should be promoted or retained. If the
1274 school principal determines that the student should be promoted,
1275 the school principal shall make such recommendation in writing
1276 to the district school superintendent. The district school
1277 superintendent shall accept or reject the school principal’s
1278 recommendation in writing.
1279 (7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE
1281 (a) Students retained under paragraph (5)(c) must be
1282 provided intensive interventions in reading to ameliorate the
1283 student’s specific reading deficiency and prepare the student
1284 for promotion to the next grade. These interventions must
1286 1. Evidence-based, explicit, systematic, and multisensory
1287 reading instruction in phonemic awareness, phonics, fluency,
1288 vocabulary, and comprehension and other strategies prescribed by
1289 the school district.
1290 2. Participation in the school district’s summer reading
1291 camp, which must incorporate the instructional and intervention
1292 strategies under subparagraph 1.
1293 3. A minimum of 90 minutes of daily, uninterrupted reading
1294 instruction incorporating the instructional and intervention
1295 strategies under subparagraph 1. This instruction may include:
1296 a. Coordinated integration of content-rich texts in science
1297 and civic literacy within the 90-minute block.
1298 b. Small group instruction.
1299 c. Reduced teacher-student ratios.
1300 d. More frequent progress monitoring.
1301 e. Tutoring or mentoring.
1302 f. Transition classes containing 3rd and 4th grade
1304 g. Extended school day, week, or year.
1305 (b) Each school district shall:
1306 1. Provide written notification to the parent of a student
1307 who is retained under paragraph (5)(c) that his or her child has
1308 not met the achievement proficiency level required for promotion
1309 and the reasons the child is not eligible for a good cause
1310 exemption as provided in paragraph (6)(b). The notification must
1311 comply with paragraph (5)(d) and must include a description of
1312 proposed interventions and supports that will be provided to the
1313 child to remediate the identified areas of reading deficiency.
1314 2. Implement a policy for the midyear promotion of a
1315 student retained under paragraph (5)(c) who can demonstrate that
1316 he or she is a successful and independent reader and performing
1317 at or above grade level in reading or, upon implementation of
1318 English Language Arts assessments, performing at or above grade
1319 level in English Language Arts. Tools that school districts may
1320 use in reevaluating a student retained may include subsequent
1321 assessments, alternative assessments, and portfolio reviews, in
1322 accordance with rules of the State Board of Education. Students
1323 promoted during the school year after November 1 must
1324 demonstrate achievement proficiency levels in reading equivalent
1325 to the level necessary for the beginning of grade 4. The rules
1326 adopted by the State Board of Education must include standards
1327 that provide a reasonable expectation that the student’s
1328 progress is sufficient to master appropriate grade 4 level
1329 reading skills.
1330 3. Provide students who are retained under paragraph
1331 (5)(c), including students participating in the school
1332 district’s summer reading camp under subparagraph (a)2., with a
1333 highly effective teacher who is certified or endorsed in reading
1334 and is rated highly effective as determined by the teacher’s
1335 performance evaluation under s. 1012.34 , and, beginning July 1,
1336 2020, the teacher must also be certified or endorsed in reading.
1337 4. Establish at each school, when applicable, an intensive
1338 reading acceleration course for any student retained in grade 3
1339 who was previously retained in kindergarten, grade 1, or grade
1340 2. The intensive reading acceleration course must provide the
1342 a. Uninterrupted reading instruction for the majority of
1343 student contact time each day and opportunities to master the
1344 grade 4 Next Generation Sunshine state academic standards in
1345 other core subject areas through content-rich texts.
1346 b. Small group instruction.
1347 c. Reduced teacher-student ratios.
1348 d. The use of explicit, systematic, and multisensory
1349 reading interventions, including intensive language, phonics,
1350 and vocabulary instruction, and use of a speech-language
1351 therapist if necessary, that have proven results in accelerating
1352 student reading achievement within the same school year.
1353 e. A read-at-home plan.
1354 (8) COORDINATED SCREENING AND PROGRESS MONITORING SYSTEM.—
1355 (a) The Department of Education, in collaboration with the
1356 Office of Early Learning, shall procure and require the use of a
1357 statewide, standardized coordinated screening and progress
1358 monitoring system for the Voluntary Prekindergarten Education
1359 Program and public schools serving kindergarten through grade 8
1360 students. The system must:
1361 1. Measure student progress in the Voluntary
1362 Prekindergarten Education Program through grade 8 in meeting the
1363 appropriate expectations in early literacy and mathematics
1364 skills and in English Language Arts and mathematics standards as
1365 required by ss. 1002.67(1)(a) and 1003.41 and identify the
1366 educational strengths and needs of students.
1367 2. For students in the Voluntary Prekindergarten Education
1368 Program through grade 3, measure student performance in oral
1369 language development, phonological and phonemic awareness,
1370 knowledge of print and letters, decoding, fluency, vocabulary,
1371 and comprehension, as applicable by grade level, and, at a
1372 minimum, provide interval level and norm-referenced data that
1373 measures equivalent levels of growth.
1374 3. Be a valid, reliable, and developmentally appropriate
1375 computer-based computer- adaptive direct instrument that provides
1376 screening and diagnostic capabilities for monitoring student
1377 progress; identifies students who have a substantial deficiency
1378 in reading, including identifying students with characteristics
1379 of dyslexia and other learning disorders; and informs
1380 instruction. Beginning with the 2023-2024 school year, the
1381 coordinated screening and progress monitoring system must be
1383 4. Provide data for Voluntary Prekindergarten Education
1384 Program accountability as required under s. 1002.68 s. 1002.67.
1385 5. Provide Voluntary Prekindergarten Education Program
1386 providers, school districts, schools, and teachers, and parents
1387 with data and resources that enhance differentiated instruction
1388 and parent communication.
1389 6. Provide baseline data to the department of each
1390 student’s readiness for kindergarten. The determination of
1391 kindergarten readiness must be based on the results of each
1392 student’s initial progress monitoring assessment in
1393 kindergarten. The methodology for determining a student’s
1394 readiness for kindergarten must be developed by the department
1395 and aligned to the methodology adopted pursuant to s.
1397 7. Assess how well educational goals and curricular
1398 standards are met at the provider, school, district, and state
1399 levels and provide information to the department to aid in the
1400 development of educational programs, policies, and supports for
1401 providers, districts, and schools.
1402 (b) Beginning with the 2022-2023 school year, private
1403 Voluntary Prekindergarten Education Program providers and public
1404 schools must participate in the coordinated screening and
1405 progress monitoring system pursuant to this paragraph.
1406 1. For students in the Voluntary Prekindergarten Education
1407 Program through grade 2, the coordinated screening and progress
1408 monitoring system must be administered at least three times
1409 within a program year or school year, as applicable, with the
1410 first administration occurring no later than the first 30
1411 instructional days after a student’s enrollment or the start of
1412 the program year or school year, the second administration
1413 occurring midyear, and the third administration occurring within
1414 the last 30 days of the program or school year pursuant to state
1415 board rule. The state board may adopt alternate timeframes to
1416 address nontraditional school year calendars or summer programs
1417 to ensure the coordinated screening and progress monitoring
1418 program is administered a minimum of three times within a year
1419 or program.
1420 2. For grades 3 through 10 English Language Arts and grades
1421 3 through 8 Mathematics, the coordinated screening and progress
1422 monitoring system must be administered at the beginning, middle,
1423 and end of the school year pursuant to state board rule. The
1424 end-of-year administration of the coordinated screening and
1425 progress monitoring system must be a comprehensive progress
1426 monitoring assessment administered in accordance with the
1427 scheduling requirements under s. 1008.22(7)(c).
1428 (c) To facilitate timely interventions and supports
1429 pursuant to subsection (4), the system must provide results from
1430 the first two administrations of the progress monitoring to a
1431 student’s teacher within 1 week and to the student’s parent
1432 within 2 weeks of the administration of the progress monitoring.
1433 Delivery of results from the comprehensive, end-of-year progress
1434 monitoring ELA assessment for grades 3 through 10 and
1435 Mathematics assessment for grades 3 through 8 must be in
1436 accordance with s. 1008.22(7)(h).
1437 1. A student’s results from the coordinated screening and
1438 progress monitoring system must be recorded in a written, easy
1439 to-comprehend individual student report. Each school district
1440 shall provide a parent secure access to his or her child’s
1441 individual student reports through a web-based portal as part of
1442 its student information system. Each early learning coalition
1443 shall provide parents the individual student report in a format
1444 determined by state board rule.
1445 2. In addition to the information under subparagraph (a)5.,
1446 the report must also include parent resources that explain the
1447 purpose of progress monitoring, assist the parent in
1448 interpreting progress monitoring results, and support informed
1449 parent involvement. Parent resources may include personalized
1450 video formats.
1451 3. The department shall annually update school districts
1452 and early learning coalitions on new system features and
1453 functionality and collaboratively identify with school districts
1454 and early learning coalitions strategies for meaningfully
1455 reporting to parents results from the coordinated screening and
1456 progress monitoring system.
1457 4. An individual student report must be provided in a
1458 printed format upon a parent’s request
1459 (c) A Voluntary Prekindergarten Education Program student
1460 who is at risk of being identified as having a substantial
1461 deficiency in early literacy skills, based upon results under
1462 this subsection, must be referred to the school district in
1463 which he or she resides and may be eligible to receive early
1464 literacy instruction and interventions after program completion
1465 and before participating in kindergarten. Such instruction and
1466 interventions may be paid for using funds from the school
1467 district’s evidence-based reading instruction allocation in
1468 accordance with s. 1011.62(9).
1469 (d) Screening and progress monitoring system results,
1470 including the number of students who demonstrate characteristics
1471 of dyslexia, shall be reported to the department pursuant to
1472 state board rule and maintained in the department’s Education
1473 Data Warehouse. Results must be provided to a student’s teacher
1474 and parent in a timely manner as required in s. 1008.22(7)(g).
1475 (e) The department, in collaboration with the Office of
1476 Early Learning, shall provide training and support for effective
1477 implementation of the screening and progress monitoring system.
1478 (9) ANNUAL REPORT.—
1479 (a) In addition to the requirements in paragraph (5)(c),
1480 each district school board must annually report to the parent of
1481 each student the progress of the student toward achieving state
1482 and district expectations for proficiency in English Language
1483 Arts, science, social studies, and mathematics. The district
1484 school board must report to the parent the student’s results on
1485 each statewide, standardized assessment and the coordinated
1486 screening and progress monitoring system under subsection (8).
1487 The evaluation of each student’s progress must be based upon the
1488 student’s classroom work, observations, tests, district and
1489 state assessments, response to intensive interventions provided
1490 under paragraph (5)(a), and other relevant information. Progress
1491 reporting must be provided to the parent in writing in a format
1492 adopted by the district school board and must be accessible
1493 through secure, web-based options.
1494 (b) Each district school board must annually publish on the
1495 district website and in the local newspaper the following
1496 information on the prior school year:
1497 1. The provisions of this section relating to public school
1498 student progression and the district school board’s policies and
1499 procedures on student retention and promotion.
1500 2. By grade, the number and percentage of all students in
1501 grades 3 through 10 performing at Levels 1 and 2 on the
1502 statewide, standardized English Language Arts assessment.
1503 3. By grade, the number and percentage of all students
1504 retained in kindergarten through grade 10.
1505 4. Information on the total number of students who were
1506 promoted for good cause, by each category of good cause as
1507 specified in paragraph (6)(b).
1508 5. Any revisions to the district school board’s policies
1509 and procedures on student retention and promotion from the prior
1511 (10) RULEMAKING.—The State Board of Education shall adopt
1512 rules pursuant to ss. 120.536(1) and 120.54 for the
1513 administration of this section.
1514 Section 14. Subsection (7) is added to section 1008.34,
1515 Florida Statutes, to read:
1516 1008.34 School grading system; school report cards;
1517 district grade.—
1518 (7) TRANSITION.—To assist in the transition to 2022-2023
1519 school grades and district grades calculated based on the
1520 comprehensive, end-of-year progress monitoring assessment under
1521 s. 1008.25(8), the 2022-2023 school grades and district grades
1522 shall serve as an informational baseline for schools and
1523 districts to work toward improved performance in future years.
1524 Accordingly, notwithstanding any other provision of law:
1525 (a) Due to the absence of learning gains data in the 2022
1526 2023 school year, the initial school grading scale for the 2022
1527 2023 informational baseline grades shall be set so that the
1528 percentage of schools that earn an “A,” “B,” “C,” “D,” and “F”
1529 is statistically equivalent to the 2021-2022 school grades
1530 results. When learning gains data becomes available in the 2023
1531 2024 school year, the State Board of Education shall review the
1532 school grading scale and determine if the scale should be
1534 (b) A school may not be required to select and implement a
1535 turnaround option pursuant to s. 1008.33 in the 2023-2024 school
1536 year based on the school’s 2022-2023 grade. The benefits of s.
1537 1008.33(4)(c), relating to a school being released from
1538 implementation of the turnaround option, and s. 1008.33(4)(d),
1539 relating to a school implementing strategies identified in its
1540 school improvement plan, apply to a school using turnaround
1541 options pursuant to s. 1008.33 which improves to a grade of “C”
1542 or higher during the 2022-2023 school year.
1543 (c) A school or approved provider under s. 1002.45 which
1544 receives the same or lower school grade for the 2022-2023 school
1545 year compared to the 2021-2022 school year is not subject to
1546 sanctions or penalties that would otherwise occur as a result of
1547 the 2022-2023 school grade or rating. A charter school system or
1548 school district designated as high performing may not lose the
1549 designation based on the 2022-2023 school grades of any of the
1550 schools within the charter school system or school district or
1551 based on the 2022-2023 district grade, as applicable.
1552 (d) For purposes of determining grade 3 retention pursuant
1553 to s. 1008.25(5) and high school graduation pursuant to s.
1554 1003.4282, student performance on the 2022-2023 comprehensive,
1555 end-of-year progress monitoring assessment under s. 1008.25(8)
1556 shall be linked to 2021-2022 student performance expectations.
1557 In addition to the good cause exemptions under s. 1008.25(6), a
1558 student may be promoted to grade 4 for the 2023-2024 school year
1559 if the student demonstrates an acceptable level of performance
1560 through means reasonably calculated by the school district to
1561 provide reliable evidence of the student’s performance.
1563 This subsection is repealed July 1, 2025.
1564 Section 15. Subsection (7) is added to section 1008.341,
1565 Florida Statutes, to read:
1566 1008.341 School improvement rating for alternative
1568 (7) TRANSITION.—Due to the absence of learning gains data
1569 in the 2022-2023 school year, school improvement ratings will
1570 not be calculated for the 2022-2023 school year. When learning
1571 gains data becomes available in the 2023-2024 school year, the
1572 State Board of Education shall set the scale for the
1573 “Commendable,” “Maintaining,” and “Unsatisfactory” ratings
1574 pursuant to rule. This subsection is repealed July 1, 2025.
1575 Section 16. Effective upon becoming a law, the Department
1576 of Education may initiate new assessment systems and close out
1577 old assessment systems and shall amend contracts in order to
1578 implement this act.
1579 Section 17. Except as otherwise expressly provided in this
1580 act, and except for this section which shall take effect upon
1581 this act becoming a law, this act shall take effect July 1,