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A bill to be entitled 1
An act relating to K -12 assessments and 2
accountability; amending s. 411.227, F.S.; conforming 3
provisions to changes made by the act; amending s. 4
1000.21, F.S.; renaming the "Next Generation Sunshine 5
State Standards" as the "state academic standards"; 6
amending ss. 1002.37, 1002.45, 1002.53, 1002.67, 7
1002.68, 1003.41, and 1003.53 F.S.; conforming 8
provisions to changes made by the act; providing a 9
directive to the Division of Law Revision; amending s. 10
1008.2125, F.S.; deleting provisions relating to the 11
coordinated screening and progress monitoring program; 12
conforming cross-references to changes made by the 13
act; amending s. 1008.22, F.S.; conforming provisions 14
to changes made by the act; providing that certain 15
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
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hours authorized for testing; revising the timeframe 26
results for district -required local assessments must 27
be provided to a student's parent; requiring such 28
results 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 su ch 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. 1008.33, F.S.; making editorial changes; requiring 49
a school district to take specified actions for a 50
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school that earns an initial school grade of "D"; 51
revising the options available to a school district 52
that must implement a turnaround plan for a school; 53
authorizing a school district to submit a turnaround 54
plan for a school that has earned an initial school 55
grade of "D"; revising the options available to a 56
school district with a school that implemented a 57
turnaround plan and did not improve its school grade; 58
amending s. 1008.34, F.S.; requiring the State Board 59
of Education to annually review the percentage of 60
schools earning certain school grades and determine if 61
the school grading scale must be adjusted; providing 62
requirements for such adjustments; requiring the state 63
board to provide specified information to the public; 64
providing a transition for the calculation of school 65
and district grades for the 2022 -2023 school year; 66
providing requirements for the calculation of such 67
grades and exemption schools from specified 68
provisions; providing requirements for determining 69
grade 3 retention and high school graduation 70
requirements for such school year; providing for the 71
future repeal of specified provisions; amending s. 72
1008.341, F.S.; providing that school improvements 73
rating will not be calculated for the 2022 -2023 school 74
year; providing for the future repeal of specified 75
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provisions; providing an effective date. 76
77
Be It Enacted by the Legislature of the State of Florida: 78
79
Section 1. Paragraph (d) of subsection (1) and paragraph 80
(b) of subsection (3) of section 411.227, Florida Statutes, are 81
amended to read: 82
411.227 Components of the Learning Gateway. —The Learning 83
Gateway system consists of the following components: 84
(1) COMMUNITY EDUCATION STRATEGIES AND FAMILY -ORIENTED 85
ACCESS.— 86
(d) In collaboration with other local resources, the 87
demonstration projects shall develop public awareness strategies 88
to disseminate information a bout developmental milestones, 89
precursors of learning problems and other developmental delays, 90
and the service system that is available. The information should 91
target parents of children from birth through age 9 and should 92
be distributed to parents, health care providers, and caregivers 93
of children from birth through age 9. A variety of media should 94
be used as appropriate, such as print, television, radio, and a 95
community-based Internet website, as well as opportunities such 96
as those presented by parent vis its to physicians for well -child 97
checkups. The Learning Gateway Steering Committee shall provide 98
technical assistance to the local demonstration projects in 99
developing and distributing educational materials and 100
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information. 101
1. Public awareness strategies targeting parents of 102
children from birth through age 5 shall be designed to provide 103
information to public and private preschool programs, child care 104
providers, pediatricians, parents, and local businesses and 105
organizations. These strategies should include information on 106
the school readiness performance standards adopted by the 107
Department of Education. 108
2. Public awareness strategies targeting parents of 109
children from ages 6 through 9 must be designed to disseminate 110
training materials and brochures to pare nts and public and 111
private school personnel, and must be coordinated with the local 112
school board and the appropriate school advisory committees in 113
the demonstration projects. The materials should contain 114
information on state and district achievement proficiency levels 115
for grades K-3. 116
(3) EARLY EDUCATION, SERVICES AND SUPPORTS. — 117
(b) Demonstration projects shall develop strategies to 118
increase the use of appropriate intervention practices with 119
children who have learning problems and learning disabilities 120
within public and private early care and education programs and 121
K-3 public and private school settings. Strategies may include 122
training and technical assistance teams. Intervention must be 123
coordinated and must focus on providing effective supports to 124
children and their families within their regular education and 125
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community environment. These strategies must incorporate, as 126
appropriate, school and district activities related to the 127
student's progress monitoring plan and must provide parents with 128
greater access to community-based services that should be 129
available beyond the traditional school day. Academic 130
expectations for public school students in grades K -3 must be 131
based upon the local school board's adopted achievement 132
proficiency levels. When appropriate, sc hool personnel shall 133
consult with the local Learning Gateway to identify other 134
community resources for supporting the child and the family. 135
Section 2. Subsection (7) of section 1000.21, Florida 136
Statutes, is amended to read: 137
1000.21 Systemwide definit ions.—As used in the Florida 138
Early Learning-20 Education Code: 139
(7) "Next Generation Sunshine State academic standards" 140
means the state's public K -12 curricular standards adopted under 141
s. 1003.41. 142
Section 3. Paragraph (f) of subsection (3) and paragra phs 143
(a) and (d) of subsection (10) of section 1002.37, Florida 144
Statutes, are amended to read: 145
1002.37 The Florida Virtual School. — 146
(3) Funding for the Florida Virtual School shall be 147
provided as follows: 148
(f) The Florida Virtual School shall receive state funds 149
for operating purposes as provided in the General Appropriations 150
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Act. The calculation to determine the amount of state funds 151
includes: the sum of the base Florida Education Finance Program 152
funding, the state-funded discretionary contribution and a per -153
full-time equivalent share of the discretionary millage 154
compression supplement, the exceptional student education 155
guaranteed allocation, the instructional materials allocation, 156
the evidence-based research-based reading instruction 157
allocation, the mental health assistance allocation, and the 158
teacher salary increase allocation. For the purpose of 159
calculating the state -funded discretionary contribution, 160
multiply the maximum allowable nonvoted discretionary millage 161
for operations pursuant to s. 1011.71(1) and (3) by the value of 162
96 percent of the current year's taxable value for school 163
purposes for the state; divide the result by the total full -time 164
equivalent membership of the state; and multiply the result by 165
the full-time equivalent membership of the school. Funds may not 166
be provided for the purpose of fulfilling the class size 167
requirements in ss. 1003.03 and 1011.685. 168
(10)(a) Public school students receiving full -time 169
instruction in kindergarten through grade 12 by the Florida 170
Virtual School must take all statewide assessments required 171
pursuant to s. 1008.22 and participate in the coordinated 172
screening and progress monitoring system under s. 1008.25(8) . 173
(d) Unless an alternative testing site is mutually agreed 174
to by the Florida Virtual School and the school district or as 175
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contracted under s. 1008.24, all industry certification 176
examinations, national assessments, progress monitoring under s. 177
1008.25(8), and statewide assessments must be taken at the 178
school to which the student would be assigned according to 179
district school board attendance areas. A school district must 180
provide the student with access to the school's testing 181
facilities and the date and time of the administration of 182
progress monitoring and each examination or assessment. 183
Section 4. Paragraph (b) of subsection (6) of section 184
1002.45, Florida Statutes, is amended to read: 185
1002.45 Virtual instruction programs. — 186
(6) STUDENT PARTICIPATION REQUIREMENTS. —Each student 187
enrolled in a virtual in struction program or virtual charter 188
school must: 189
(b) Take statewide assessments pursuant to s. 1008.22 and 190
participate in the coordinated screening and progress monitoring 191
system under s. 1008.25(8) . Statewide assessments and progress 192
monitoring may be administered within the school district in 193
which such student resides, or as specified in the contract in 194
accordance with s. 1008.24(3). If requested by the approved 195
provider or virtual charter school, the district of residence 196
must provide the student wit h access to the district's testing 197
facilities. 198
Section 5. Paragraph (d) of subsection (6) of section 199
1002.53, Florida Statutes, is amended to read: 200
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1002.53 Voluntary Prekindergarten Education Program; 201
eligibility and enrollment. — 202
(6) 203
(d) Each parent who enrolls his or her child in the 204
Voluntary Prekindergarten Education Program must allow his or 205
her child to participate in the coordinated screening and 206
progress monitoring program under s. 1008.25(8) s. 1008.2125. 207
Section 6. Paragraph (b) of sub section (2) of section 208
1002.67, Florida Statutes, is amended to read: 209
1002.67 Performance standards and curricula. — 210
(2) 211
(b) Each private prekindergarten provider's and public 212
school's curriculum must be developmentally appropriate and 213
must: 214
1. Be designed to prepare a student for early literacy and 215
provide for instruction in early math skills; 216
2. Enhance the age-appropriate progress of students in 217
attaining the performance standards adopted by the department 218
under subsection (1); and 219
3. Support student learning gains through differentiated 220
instruction that shall be measured by the coordinated screening 221
and progress monitoring program under s. 1008.25(8) s. 222
1008.2125. 223
Section 7. Paragraphs (a) and (b) of subsection (1), 224
paragraphs (b) and (e) o f subsection (4), and paragraph (c) of 225
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subsection (6) of section 1002.68, Florida Statutes, are amended 226
to read: 227
1002.68 Voluntary Prekindergarten Education Program 228
accountability.— 229
(1)(a) Beginning with the 2022 -2023 program year, each 230
private prekindergarten provider and public school participating 231
in the Voluntary Prekindergarten Education Program must 232
participate in the coordinated screening and progress monitoring 233
program in accordance with s. 1008.25(8) s. 1008.2125. The 234
coordinated screening and progress monitoring program results 235
shall be used by the department to identify student learning 236
gains, index development learning outcomes upon program 237
completion relative to the performance standards established 238
under s. 1002.67 and representative norms, and inform a private 239
prekindergarten provider's and public school's performance 240
metric. 241
(b) At a minimum, the initial and final progress 242
monitoring or screening must be administered by individuals 243
meeting requirements adopted by the department under s. 244
1008.2125. 245
(4) 246
(b) The methodology for calculating a provider's 247
performance metric may not include students who are not 248
administered the coordinated screening and progress monitoring 249
program under s. 1008.25(8) s. 1008.2125. 250
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(e) Subject to an appropri ation, the department shall 251
provide for a differential payment to a private prekindergarten 252
provider and public school based on the provider's designation. 253
The maximum differential payment may not exceed a total of 15 254
percent of the base student allocation per full-time equivalent 255
student under s. 1002.71 attending in the consecutive program 256
year for that program. A private prekindergarten provider or 257
public school may not receive a differential payment if it 258
receives a designation of "proficient" or lower. Before the 259
adoption of the methodology, the department shall confer with 260
the Council for Early Grade Success under s. 1008.2125 before 261
receiving approval from the State Board of Education for the 262
final recommendations on the designation system and differe ntial 263
payments. 264
(6) 265
(c) The department shall adopt criteria for granting good 266
cause exemptions. Such criteria must include, but are not 267
limited to, all of the following: 268
1. Child demographic data that evidences a private 269
prekindergarten provider or public school serves a statistically 270
significant population of children with special needs who have 271
individual education plans and can demonstrate progress toward 272
meeting the goals outlined in the students' individual education 273
plans. 274
2. Learning gains o f children served in the Voluntary 275
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Prekindergarten Education Program by the private prekindergarten 276
provider or public school on an alternative measure that has 277
comparable validity and reliability of the coordinated screening 278
and progress monitoring progra m in accordance with s. 1008.25(8) 279
s. 1008.2125. 280
3. Program assessment data under subsection (2) which 281
demonstrates effective teaching practices as recognized by the 282
tool developer. 283
4. Verification that local and state health and safety 284
requirements are met. 285
Section 8. Subsections (1) and (2) of section 1003.41, 286
Florida Statutes, are amended to read: 287
1003.41 Next Generation Sunshine State academic 288
standards.— 289
(1) The Next Generation Sunshine state academic standards 290
establish the core content of the curricula to be taught in the 291
state and specify the core content knowledge and skills that K -292
12 public school students are expected to acquire. Standards 293
must be rigorous and relevant and provide for the logical, 294
sequential progression of core curricu lar content that 295
incrementally increases a student's core content knowledge and 296
skills over time. Curricular content for all subjects must 297
integrate critical-thinking, problem-solving, and workforce -298
literacy skills; communication, reading, and writing skil ls; 299
mathematics skills; collaboration skills; contextual and 300
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applied-learning skills; technology -literacy skills; information 301
and media-literacy skills; and civic -engagement skills. The 302
standards must include distinct grade -level expectations for the 303
core content knowledge and skills that a student is expected to 304
have acquired by each individual grade level from kindergarten 305
through grade 8. The standards for grades 9 through 12 may be 306
organized by grade clusters of more than one grade level except 307
as otherwise provided for visual and performing arts, physical 308
education, health, and foreign language standards. 309
(2) The Next Generation Sunshine state academic standards 310
must meet the following requirements: 311
(a) English Language Arts standards must establish 312
specific curricular content for, at a minimum, reading, writing, 313
speaking and listening, and language. 314
(b) Science standards must establish specific curricular 315
content for, at a minimum, the nature of science, earth and 316
space science, physical science, and life science. 317
(c) Mathematics standards must establish specific 318
curricular content for, at a minimum, algebra, geometry, 319
statistics and probability, number and quantity, functions, and 320
modeling. 321
(d) Social Studies standards must establish specific 322
curricular content for, at a minimum, geography, United States 323
and world history, government, civics, humanities, economics, 324
and financial literacy. 325
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(e) Visual and performing arts, physical education, 326
health, and foreign language standards must establish specific 327
curricular content and include distinct grade level expectations 328
for the core content knowledge and skills that a student is 329
expected to have acquired by each individual grade level from 330
kindergarten through grade 5. The standards for grades 6 th rough 331
12 may be organized by grade clusters of more than one grade 332
level. 333
Section 9. Paragraph (c) of subsection (1) of section 334
1003.53, Florida Statutes, is amended to read: 335
1003.53 Dropout prevention and academic intervention. — 336
(1) 337
(c) A student shall be identified as being eligible to 338
receive services funded through the dropout prevention and 339
academic intervention program based upon one of the following 340
criteria: 341
1. The student is academically unsuccessful as evidenced 342
by low test scores, rete ntion, failing grades, low grade point 343
average, falling behind in earning credits, or not meeting the 344
state or district achievement proficiency levels in reading, 345
mathematics, or writing. 346
2. The student has a pattern of excessive absenteeism or 347
has been identified as a habitual truant. 348
3. The student has a history of disruptive behavior in 349
school or has committed an offense that warrants out -of-school 350
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suspension or expulsion from school according to the district 351
school board's code of student conduct. F or the purposes of this 352
program, "disruptive behavior" is behavior that: 353
a. Interferes with the student's own learning or the 354
educational process of others and requires attention and 355
assistance beyond that which the traditional program can provide 356
or results in frequent conflicts of a disruptive nature while 357
the student is under the jurisdiction of the school either in or 358
out of the classroom; or 359
b. Severely threatens the general welfare of students or 360
others with whom the student comes into contact. 361
4. The student is identified by a school's early warning 362
system pursuant to s. 1001.42(18)(b). 363
Section 10. The Division of Law Revision is directed to 364
prepare a reviser's bill for the 2023 Regular Session of the 365
Legislature to change the term "Next Gen eration Sunshine State 366
Standards" to "state academic standards" wherever the term 367
appears in the Florida Statutes. 368
Section 11. Subsection (4) of section 1008.2125, Florida 369
Statutes, is renumbered as subsection (1), subsection (3) is 370
renumbered as subsection (2), and subsections (5) through (7) 371
are renumbered as subsections (3) through (5), respectively, and 372
subsections (1) and (2) and present subsections (3), (4), and 373
(5) of that section are amended, to read: 374
1008.2125 The Council for Early Grade Succ ess Coordinated 375
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screening and progress monitoring program for students in the 376
Voluntary Prekindergarten Education Program through grade 3 .— 377
(1) The primary purpose of the coordinated screening and 378
progress monitoring program for students in the Voluntary 379
Prekindergarten Education Program through grade 3 is to provide 380
information on students' progress in mastering the appropriate 381
grade-level standards and to provide information on their 382
progress to parents, teachers, and school and program 383
administrators. Data shall be used by Voluntary Prekindergarten 384
Education Program providers and school districts to improve 385
instruction, by parents and teachers to guide learning 386
objectives and provide timely and appropriate supports and 387
interventions to students not meet ing grade-level expectations, 388
and by the public to assess the cost benefit of the expenditure 389
of taxpayer dollars. The coordinated screening and progress 390
monitoring program must: 391
(a) Measure student progress in the Voluntary 392
Prekindergarten Education Pro gram through grade 3 in meeting the 393
appropriate expectations in early literacy and math skills and 394
in English Language Arts and mathematics, as required by ss. 395
1002.67(1)(a) and 1003.41. 396
(b) Provide data for accountability of the Voluntary 397
Prekindergarten Education Program, as required by s. 1002.68. 398
(c) Provide baseline data to the department of each 399
student's readiness for kindergarten, which must be based on 400
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each kindergarten student's progress monitoring results that was 401
administered no later than the first 30 instructional days in 402
accordance with paragraph (2)(a). The methodology for 403
determining a student's readiness for kindergarten shall be 404
developed by the department and aligned to the methodology 405
adopted pursuant to s. 1002.68(4). 406
(d) Identify the educational strengths and needs of 407
students in the Voluntary Prekindergarten Education Program 408
through grade 3. 409
(e) Provide teachers with progress monitoring data to 410
provide timely interventions and supports pursuant to s. 411
1008.25(4). 412
(f) Assess how well educational goals and curricular 413
standards are met at the provider, school, district, and state 414
levels. 415
(g) Provide information to aid in the evaluation and 416
development of educational programs and policies. 417
(2) The Commissioner of Education sh all design a 418
statewide, standardized coordinated screening and progress 419
monitoring program to assess early literacy and mathematics 420
skills and the English Language Arts and mathematics standards 421
established in ss. 1002.67(1)(a) and 1003.41, respectively. T he 422
coordinated screening and progress monitoring program must 423
provide interval level and norm -referenced data that measures 424
equivalent levels of growth; be a developmentally appropriate, 425
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valid, and reliable direct assessment; be able to capture data 426
on students who may be performing below grade or developmental 427
level and which may enable the identification of early 428
indicators of dyslexia or other developmental delays; accurately 429
measure the core content in the applicable grade level 430
standards; document lear ning gains for the achievement of these 431
standards; and provide teachers with progress monitoring 432
supports and materials that enhance differentiated instruction 433
and parent communication. Participation in the coordinated 434
screening and progress monitoring pro gram is mandatory for all 435
students in the Voluntary Prekindergarten Education Program and 436
enrolled in a public school in kindergarten through grade 3. The 437
coordinated screening and progress monitoring program shall be 438
implemented beginning in the 2022 -2023 school year for students 439
in the Voluntary Prekindergarten Education Program and 440
kindergarten students, as follows: 441
(a) The coordinated screening and progress monitoring 442
program shall be administered within the first 30 days after 443
enrollment, midyear, an d within the last 30 days of the program 444
or school year, in accordance with the rules adopted by the 445
State Board of Education. The state board may adopt alternate 446
timeframes to address nontraditional school year calendars or 447
summer programs to ensure the c oordinated screening and progress 448
monitoring program is administered a minimum of three times 449
within a year or program. 450
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(b) The results of the coordinated screening and progress 451
monitoring program shall be reported to the department, in 452
accordance with the rules adopted by the state board, and 453
maintained in the department's educational data warehouse. 454
(1)(4) The Council for Early Grade Success, a council as 455
defined in s. 20.03(7), is created within the Department of 456
Education to oversee the coordinated screening and progress 457
monitoring program under s. 1008.25(8) for students in the 458
Voluntary Prekindergarten Education Program through grade 3 and, 459
except as otherwise provided in this section, shall operate 460
consistent with s. 20.052. 461
(a) The council shal l be responsible for reviewing the 462
implementation of, training for, and outcomes from the 463
coordinated screening and progress monitoring program to provide 464
recommendations to the department that support grade 3 students 465
reading at or above grade level. The council, at a minimum, 466
shall: 467
1. Provide recommendations on the implementation of the 468
coordinated screening and progress monitoring program, including 469
reviewing any procurement solicitation documents and criteria 470
before being published. 471
2. Develop training plans and timelines for such training. 472
3. Identify appropriate personnel, processes, and 473
procedures required for the administration of the coordinated 474
screening and progress monitoring program. 475
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4. Provide input on the methodology for calculating a 476
provider's or school's performance metric and designations under 477
s. 1002.68(4). 478
5. Work with the department to review the methodology for 479
determining a child's kindergarten readiness. 480
6. Review data on age -appropriate learning gains by grade 481
level that a student would need to attain in order to 482
demonstrate proficiency in reading by grade 3. 483
7. Continually review anonymized data from the results of 484
the coordinated screening and progress monitoring program for 485
students in the Voluntary Prekindergarten Education Program 486
through grade 3 to help inform recommendations to the department 487
that support practices that will enable grade 3 students to read 488
at or above grade level. 489
(b) The council shall be composed of 17 members who are 490
residents of the state an d appointed as follows: 491
1. Three members appointed by the Governor, as follows: 492
a. One representative from the Department of Education. 493
b. One parent of a child who is 4 to 9 years of age. 494
c. One representative that is an elementary school 495
administrator. 496
2. Seven members appointed by the President of the Senate, 497
as follows: 498
a. One senator who serves at the pleasure of the President 499
of the Senate. 500
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b. One representative of an urban school district. 501
c. One representative of a rural early learni ng coalition. 502
d. One representative of a faith -based early learning 503
provider who offers the Voluntary Prekindergarten Education 504
Program. 505
e. One representative who is a second grade teacher who 506
has at least 5 years of teaching experience. 507
f. Two representatives with subject matter expertise in 508
early learning, early grade success, or child assessments. 509
3. Seven members appointed by the Speaker of the House of 510
Representatives, as follows: 511
a. One member of the House of Representatives who serves 512
at the pleasure of the Speaker of the House. 513
b. One representative of a rural school district. 514
c. One representative of an urban early learning 515
coalition. 516
d. One representative of an early learning provider who 517
offers the Voluntary Prekindergarten Educa tion Program. 518
e. One member who is a kindergarten teacher who has at 519
least 5 years of teaching experience. 520
f. Two representatives with subject matter expertise in 521
early learning, early grade success, or child assessment. 522
4. The four representatives w ith subject matter expertise 523
in sub-subparagraphs 2.f. and 3.f. may not be direct 524
stakeholders within the early learning or public school systems. 525
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(2)(3) The Commissioner of Education shall: 526
(a) Develop a plan, in coordination with the Council for 527
Early Grade Success, for implementing the coordinated screening 528
and progress monitoring program in consideration of timelines 529
for implementing new early literacy and mathematics skills and 530
the English Language Arts and mathematics standards established 531
in ss. 1002.67(1)(a) and 1003.41, as appropriate. 532
(b) Provide data, reports, and information as requested to 533
the Council for Early Grade Success. 534
(3)(5) The council shall elect a chair and vice chair, one 535
of whom must be a member who has subject matter expert ise in 536
early learning, early grade success, or child assessments. The 537
vice chair must be a member appointed by the President of the 538
Senate or the Speaker of the House of Representatives who is not 539
one of the four members with subject matter expertise in ea rly 540
learning, early grade success, or child assessments appointed 541
pursuant to sub-subparagraphs (2)(b)2.f. and 3.f. (4)(b)2.f. and 542
3.f. Members of the council shall serve without compensation but 543
are entitled to reimbursement for per diem and travel expens es 544
pursuant to s. 112.061. 545
Section 12. Subsection (13) of section 1008.22, Florida 546
Statutes, is renumbered as subsection (14), subsections (3) and 547
(6) and paragraphs (a), (b), (c), (e), (g), (h), and (i) of 548
subsection (7) are amended, and a new subsect ion (13) is added 549
to that section, to read: 550
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1008.22 Student assessment program for public schools. — 551
(3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM. —The 552
Commissioner of Education shall design and implement a 553
statewide, standardized assessment program al igned to the core 554
curricular content established in the Next Generation Sunshine 555
state academic standards. The commissioner also must develop or 556
select and implement a common battery of assessment tools that 557
will be used in all juvenile justice education p rograms in the 558
state. These tools must accurately measure the core curricular 559
content established in the Next Generation Sunshine state 560
academic standards. Participation in the assessment program is 561
mandatory for all school districts and all students atten ding 562
public schools, including adult students seeking a standard high 563
school diploma under s. 1003.4282 and students in Department of 564
Juvenile Justice education programs, except as otherwise 565
provided by law. If a student does not participate in the 566
assessment program, the school district must notify the 567
student's parent and provide the parent with information 568
regarding the implications of such nonparticipation. The 569
statewide, standardized assessment program shall be designed and 570
implemented as follows: 571
(a) Statewide, standardized comprehensive assessments. — 572
1. The statewide, standardized English Language Arts (ELA) 573
assessments shall be administered to students in grades 3 574
through 10. Retake opportunities for the grade 10 ELA assessment 575
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must be provided. Reading passages and writing prompts for ELA 576
assessments shall incorporate grade -level core curricula content 577
from social studies. The statewide, standardized Mathematics 578
assessments shall be administered annually in grades 3 through 579
8. The statewide, stan dardized Science assessment shall be 580
administered annually at least once at the elementary and middle 581
grades levels. In order to earn a standard high school diploma, 582
a student who has not earned a passing score on the grade 10 ELA 583
assessment must earn a pa ssing score on the assessment retake or 584
earn a concordant score as authorized under subsection (9). 585
Statewide, standardized ELA and Mathematics assessments in 586
grades 3 through 6 must be delivered in a paper -based format. 587
2. Beginning with the 2022 -2023 school year, the end-of-588
year comprehensive progress monitoring assessment administered 589
pursuant to s. 1008.25(8)(b)2. is the statewide, standardized 590
ELA assessment for students in grades 3 through 10 and the 591
statewide, standardized Mathematics assessment fo r students in 592
grades 3 through 8. 593
(b) End-of-course (EOC) assessments. —EOC assessments must 594
be statewide, standardized, and developed or approved by the 595
Department of Education as follows: 596
1. EOC assessments for Algebra I, Geometry, Biology I, 597
United States History, and Civics shall be administered to 598
students enrolled in such courses as specified in the course 599
code directory. 600
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2. Students enrolled in a course, as specified in the 601
course code directory, with an associated statewide, 602
standardized EOC assessment must take the EOC assessment for 603
such course and may not take the corresponding subject or grade -604
level statewide, standardized assessment pursuant to paragraph 605
(a). Sections 1003.4156 and 1003.4282 govern the use of 606
statewide, standardized EOC ass essment results for students. 607
3. The commissioner may select one or more nationally 608
developed comprehensive examinations, which may include 609
examinations for a College Board Advanced Placement course, 610
International Baccalaureate course, or Advanced Intern ational 611
Certificate of Education course, or industry -approved 612
examinations to earn national industry certifications identified 613
in the CAPE Industry Certification Funding List, for use as EOC 614
assessments under this paragraph if the commissioner determines 615
that the content knowledge and skills assessed by the 616
examinations meet or exceed the grade -level expectations for the 617
core curricular content established for the course in the Next 618
Generation Sunshine state academic standards. Use of any such 619
examination as an EOC assessment must be approved by the state 620
board in rule. 621
4. Contingent upon funding provided in the General 622
Appropriations Act, including the appropriation of funds 623
received through federal grants, the commissioner may establish 624
an implementation schedule for the development and 625
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administration of additional statewide, standardized EOC 626
assessments that must be approved by the state board in rule. If 627
approved by the state board, student performance on such 628
assessments constitutes 30 percent of a stu dent's final course 629
grade. 630
5. All statewide, standardized EOC assessments must be 631
administered online except as otherwise provided in paragraph 632
(d). 633
6. A student enrolled in an Advanced Placement (AP), 634
International Baccalaureate (IB), or Advanced Inte rnational 635
Certificate of Education (AICE) course who takes the respective 636
AP, IB, or AICE assessment and earns the minimum score necessary 637
to earn college credit, as identified in s. 1007.27(2), meets 638
the requirements of this paragraph and does not have to take the 639
EOC assessment for the corresponding course. 640
(c) Nationally recognized high school assessments. —Each 641
school district shall, by the 2021 -2022 school year and subject 642
to appropriation, select either the SAT or ACT for districtwide 643
administration to each public school student in grade 11, 644
including students attending public high schools, alternative 645
schools, and Department of Juvenile Justice education programs. 646
(d) Students with disabilities; Florida Alternate 647
Assessment.— 648
1. Each district sch ool board must provide instruction to 649
prepare students with disabilities in the core content knowledge 650
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and skills necessary for successful grade -to-grade progression 651
and high school graduation. 652
2. A student with a disability, as defined in s. 1007.02, 653
for whom the individual education plan (IEP) team determines 654
that the statewide, standardized assessments under this section 655
cannot accurately measure the student's abilities, taking into 656
consideration all allowable accommodations, shall have 657
assessment results waived for the purpose of receiving a course 658
grade and a standard high school diploma. Such waiver shall be 659
designated on the student's transcript. The statement of waiver 660
shall be limited to a statement that performance on an 661
assessment was waived fo r the purpose of receiving a course 662
grade or a standard high school diploma, as applicable. 663
3. The State Board of Education shall adopt rules, based 664
upon recommendations of the commissioner, for the provision of 665
assessment accommodations for students with disabilities and for 666
students who have limited English proficiency. 667
a. Accommodations that negate the validity of a statewide, 668
standardized assessment are not allowed during the 669
administration of the assessment. However, instructional 670
accommodations are allowed in the classroom if identified in a 671
student's IEP. Students using instructional accommodations in 672
the classroom that are not allowed on a statewide, standardized 673
assessment may have assessment results waived if the IEP team 674
determines that the assessment cannot accurately measure the 675
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student's abilities. 676
b. If a student is provided with instructional 677
accommodations in the classroom that are not allowed as 678
accommodations for statewide, standardized assessments, the 679
district must inform the par ent in writing and provide the 680
parent with information regarding the impact on the student's 681
ability to meet expected performance levels. A parent must 682
provide signed consent for a student to receive classroom 683
instructional accommodations that would not be available or 684
permitted on a statewide, standardized assessment and 685
acknowledge in writing that he or she understands the 686
implications of such instructional accommodations. 687
c. If a student's IEP states that online administration of 688
a statewide, standardi zed assessment will significantly impair 689
the student's ability to perform, the assessment shall be 690
administered in hard copy. 691
4. For students with significant cognitive disabilities, 692
the Department of Education shall provide for implementation of 693
the Florida Alternate Assessment to accurately measure the core 694
curricular content established in the Next Generation Sunshine 695
state academic standards. 696
(e) Assessment scores and achievement levels. — 697
1. All statewide, standardized EOC assessments and ELA, 698
mathematics, and Science assessments shall use scaled scores and 699
achievement levels. Achievement levels shall range from 1 700
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through 5, with level 1 being the lowest achievement level, 701
level 5 being the highest achievement level, and level 3 702
indicating grade-level satisfactory performance on an 703
assessment. 704
2. The state board shall designate by rule a passing 705
score, indicating grade-level performance, for each statewide, 706
standardized assessment. 707
3. If the commissioner seeks to revise a statewide, 708
standardized assessment and the revisions require the state 709
board to modify performance level scores, including the passing 710
score, the commissioner shall provide a copy of the proposed 711
scores and implementation plan to the President of the Senate 712
and the Speaker of th e House of Representatives at least 45 90 713
days before submission to the state board for review. Until the 714
state board adopts the modifications by rule, the commissioner 715
shall use calculations for scoring the assessment that adjust 716
student scores on the rev ised assessment for statistical 717
equivalence to student scores on the former assessment. The 718
state board shall adopt by rule the passing score for the 719
revised assessment that is statistically equivalent to the 720
passing score on the discontinued assessment fo r a student who 721
is required to attain a passing score on the discontinued 722
assessment. The commissioner may, with approval of the state 723
board, discontinue administration of the former assessment upon 724
the graduation, based on normal student progression, of s tudents 725
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participating in the final regular administration of the former 726
assessment. If the commissioner revises a statewide, 727
standardized assessment and the revisions require the state 728
board to modify the passing score, only students taking the 729
assessment for the first time after the rule is adopted are 730
affected. 731
(f) Prohibited activities. —A district school board shall 732
prohibit each public school from suspending a regular program of 733
curricula for purposes of administering practice assessments or 734
engaging in other assessment-preparation activities for a 735
statewide, standardized assessment. However, a district school 736
board may authorize a public school to engage in the following 737
assessment-preparation activities: 738
1. Distributing to students sample assessmen t books and 739
answer keys published by the Department of Education. 740
2. Providing individualized instruction in assessment -741
taking strategies, without suspending the school's regular 742
program of curricula, for a student who scores Level 1 or Level 743
2 on a prior administration of an assessment. 744
3. Providing individualized instruction in the content 745
knowledge and skills assessed, without suspending the school's 746
regular program of curricula, for a student who scores Level 1 747
or Level 2 on a prior administration o f an assessment or a 748
student who, through a diagnostic assessment administered by the 749
school district, is identified as having a deficiency in the 750
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content knowledge and skills assessed. 751
4. Administering a practice assessment or engaging in 752
other assessment-preparation activities that are determined 753
necessary to familiarize students with the organization of the 754
assessment, the format of assessment items, and the assessment 755
directions or that are otherwise necessary for the valid and 756
reliable administration of the assessment, as set forth in rules 757
adopted by the State Board of Education with specific reference 758
to this paragraph. 759
(g) Contracts for assessments. —The commissioner shall 760
provide for the assessments to be developed or obtained, as 761
appropriate, through contracts and project agreements with 762
private vendors, public vendors, public agencies, postsecondary 763
educational institutions, or school districts. The commissioner 764
may enter into contracts for the continued administration of the 765
assessments authorized and funded by the Legislature. Contracts 766
may be initiated in 1 fiscal year and continue into the next 767
fiscal year and may be paid from the appropriations of either or 768
both fiscal years. The commissioner may negotiate for the sale 769
or lease of tests, sco ring protocols, test scoring services, and 770
related materials developed pursuant to law. 771
(6) LOCAL ASSESSMENT OF STUDENT PERFORMANCE ON STATE 772
STANDARDS.—Measurement of student performance is the 773
responsibility of school districts except in those subjects and 774
grade levels measured under the statewide, standardized 775
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assessment program described in this section and the coordinated 776
screening and progress monitoring system under s. 1008.25(8) . 777
When available, instructional personnel must be provided with 778
information on student achievement of standards and benchmarks 779
in order to improve instruction. 780
(7) ASSESSMENT SCHEDULES AND REPORTING OF RESULTS. — 781
(a) The Commissioner of Education shall establish 782
schedules for the administration of statewide, standardized 783
assessments and the reporting of student assessment results. The 784
commissioner shall consider the observance of religious and 785
school holidays when developing the schedules. The assessment 786
and reporting schedules must provide the earliest possible 787
reporting of student assessment results to the school districts. 788
Assessment results for the statewide, standardized ELA and 789
Mathematics assessments and all statewide, standardized EOC 790
assessments must be made available no later than June 30, except 791
for results for the grade 3 statewide, standardized ELA 792
assessment, which must be made available no later than May 31. 793
Beginning with the 2023 -2024 school year, assessment results for 794
the statewide, standardized ELA and Mathematics assessments must 795
be available no later tha n May 31. School districts shall 796
administer statewide, standardized assessments in accordance 797
with the schedule established by the commissioner. 798
(b) By January of each year, the commissioner shall 799
publish on the department's website a uniform calendar th at 800
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includes the assessment and reporting schedules for, at a 801
minimum, the next 2 school years. The uniform calendar must be 802
provided to school districts in an electronic format that allows 803
each school district and public school to populate the calendar 804
with, at minimum, the following information for reporting the 805
district assessment schedules under paragraph (d): 806
1. Whether the assessment is a district -required 807
assessment or a state -required assessment. 808
2. The specific date or dates that each assessment will be 809
administered, including administrations of the coordinated 810
screening and progress monitoring system under s. 1008.25(8)(b) . 811
3. The time allotted to administer each assessment. 812
4. Whether the assessment is a computer -based assessment 813
or a paper-based assessment. 814
5. The grade level or subject area associated with the 815
assessment. 816
6. The date that the assessment results are expected to be 817
available to teachers and parents. 818
7. The type of assessment, the purpose of the assessment, 819
and the use of the assessment results. 820
8. A glossary of assessment terminology. 821
9. Estimates of average time for administering state -822
required and district -required assessments, by grade level. 823
(c) The spring administration of the statewide, 824
standardized assessments in paragraphs (3)(a) and (b), excluding 825
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assessment retakes, must be in accordance with the following 826
schedule: 827
1. The grade 3 statewide, standardized ELA assessment and 828
the writing portion of the statewide, standardized ELA 829
assessment must be administered no earlier than April 1 each 830
year within an assessment window not to exceed 2 weeks. 831
2. With the exception of assessments identified in 832
subparagraph 1., any statewide, standardized assessment that is 833
delivered in a paper -based format must be administered no 834
earlier than May 1 each year within an assessment window not to 835
exceed 2 weeks. 836
3. With the exception of assessments identified in 837
subparagraphs 1. and 2., any statewide, standardized assessment 838
must be administered within a 4 -week assessment window that 839
opens no earlier than May 1 each year. 840
(e) A school district may not schedule more than 5 percent 841
of a student's total school hours in a school year to administer 842
statewide, standardized assessments , the coordinated screening 843
and progress monitoring system under s. 1008.25(8)(b)2., and 844
district-required local assessments. The district must secure 845
written consent from a student's parent before administering 846
district-required local assessments that, after applicable 847
statewide, standardized assessments and coordinated screening 848
and progress monitoring are scheduled, exceed the 5 percent test 849
administration limit for that student under this paragraph. The 850
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5 percent test administration limit for a student under this 851
paragraph may be exceeded a s needed to provide test 852
accommodations that are required by an IEP or are appropriate 853
for an English language learner who is currently receiving 854
services in a program operated in accordance with an approved 855
English language learner district plan pursuant to s. 1003.56. 856
Notwithstanding this paragraph, a student may choose within a 857
school year to take an examination or assessment adopted by 858
State Board of Education rule pursuant to this section and ss. 859
1007.27, 1008.30, and 1008.44. 860
(g) A school district m ust provide a student's performance 861
results on district-required local assessments to the student's 862
teachers and parent within 1 week and to the student's parents 863
no later than 30 days after administering such assessments, 864
unless the superintendent determi nes in writing that extenuating 865
circumstances exist and reports the extenuating circumstances to 866
the district school board. Results must be made available 867
through a web-based portal as part of the school district's 868
learning management system and in a print ed format upon request 869
by a student's parent. 870
(h) The results of statewide, standardized assessment in 871
ELA and mathematics, science, and social studies, including 872
assessment retakes, shall be reported in an easy -to-read and 873
understandable format and deli vered in time to provide useful, 874
actionable information to students, parents, and each student's 875
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current teacher of record and teacher of record for the 876
subsequent school year; however, in any case, the district shall 877
provide the results pursuant to this p aragraph within 1 week 878
after receiving the results from the department. A report of 879
student assessment results must, at a minimum, contain: 880
1. A clear explanation of the student's performance on the 881
applicable statewide, standardized assessments. 882
2. Information identifying the student's areas of strength 883
and areas in need of improvement. 884
3. Specific actions that may be taken, and the available 885
resources that may be used, by the student's parent to assist 886
his or her child based on the student's areas o f strength and 887
areas in need of improvement. 888
4. Longitudinal information, if available, on the 889
student's progress in each subject area based on previous 890
statewide, standardized assessment data. 891
5. Comparative information showing the student's score 892
compared to other students in the school district, in the state, 893
or, if available, in other states. 894
6. Predictive information, if available, showing the 895
linkage between the scores attained by the student on the 896
statewide, standardized assessments and the sc ores he or she may 897
potentially attain on nationally recognized college entrance 898
examinations. 899
900
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The information included under this paragraph relating to 901
results from the statewide, standardized ELA assessments for 902
grades 3 through 10 and Mathematics assess ments for grades 3 903
through 8 must be included in individual student reports under 904
s. 1008.25(8)(c). 905
(i) The State Board of Education shall adopt rules for the 906
development of the uniform calendar that, at minimum, define 907
terms that must be used in the cal endar to describe various 908
assessments, including the terms "progress monitoring," 909
"summative assessment," "formative assessment," and "interim 910
assessment." 911
(13) INDEPENDENT REVIEW. -By January 31, 2025, the 912
Commissioner of Education shall provide recommen dations to the 913
Governor, the President of the Senate, and the Speaker of the 914
House of Representatives based on an independent review of the 915
coordinated screening and progress monitoring system under s. 916
1008.25(8). At a minimum, the review and recommendatio ns must 917
address: 918
(a) The feasibility and validity of using results from 919
either the first or second administrations of progress 920
monitoring, or both, in lieu of using the comprehensive, end -of-921
year progress monitoring assessment for purposes of 922
demonstrating a passing score, promotion to grade 4, meeting 923
graduation requirements, and calculating school grades in 924
accordance with s. 1008.34. 925
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(b) Options for further reducing the statewide, 926
standardized assessment footprint while maintaining valid and 927
reliable data for purposes of school accountability and 928
providing school and student supports, including the use of 929
computer-adaptive assessments, consistent with the requirements 930
of the federal Elementary and Secondary Education Act, 20 U.S.C. 931
ss. 6301 et seq. and its implementing regulations. 932
(c) The feasibility and validity of remotely administering 933
statewide, standardized assessments and the coordinated 934
screening and progress monitoring system. 935
(d) Accelerating student progression based on results from 936
the coordinated screening and progress monitoring system, as 937
academically and developmentally appropriate. 938
(e) The incorporation of content from ELA instructional 939
materials adopted by the Commissioner of Education pursuant to 940
s. 1006.34 in test items within the coordinated screening and 941
progress monitoring system under s. 1008.25(8). 942
(f) The impact of the coordinated screening and progress 943
monitoring system on student learning growth data as measured by 944
the formula approved under s. 1012.34(7). 945
946
This subsection is repealed July 1, 2025. 947
Section 13. Paragraph (a) of subsection (4), paragraphs 948
(b), (d), and (e) of subsection (5), paragraph (b) of subsection 949
(7), paragraphs (a), (b), and (c) of subsection (8), and 950
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subsection (9) of section 1008.25, Florida Statutes, are amended 951
to read: 952
1008.25 Public school student progression; student 953
support; coordinated screening and progress monitoring; 954
reporting requirements. — 955
(4) ASSESSMENT AND SUPPORT. — 956
(a) Each student must participate in the statewide, 957
standardized assessment program required under s. 1008.22 and 958
the Voluntary Prekindergarten Education Program through grade 8 959
coordinated screening and progress monitoring system required 960
under subsection (8). Each student who does not achieve a Level 961
3 or above on the statewide, standardized English Language Arts 962
assessment, the statewide, standardized Mathematics assessment, 963
or the Algebra I EOC assessment must be evaluated to determine 964
the nature of the student's difficulty, the areas of academic 965
need, and strategies for providing academic supports to improve 966
the student's performance. 967
(5) READING DEFICIENCY AND PARENTAL NOTIFICATION. — 968
(b) A Voluntary Prekindergarten Education Program student 969
who exhibits a substantial deficiency in early literacy skills 970
in accordance with the standards under s. 1002.67(1)(a) and 971
based upon the results of the administration of the final 972
coordinated screening and progress monitoring under subsection 973
(8) s. 1008.2125 shall be referred to the local school district 974
and may be eligible to receive intensive reading interventions 975
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before participating in kindergarten. Such intensive reading 976
interventions shall b e paid for using funds from the district's 977
evidence-based research-based reading instruction allocation in 978
accordance with s. 1011.62(8) s. 1011.62(9). 979
(d) The parent of any student who exhibits a substantial 980
deficiency in reading, as described in paragr aph (a), must be 981
notified in writing of the following: 982
1. That his or her child has been identified as having a 983
substantial deficiency in reading, including a description and 984
explanation, in terms understandable to the parent, of the exact 985
nature of the student's difficulty in learning and lack of 986
achievement in reading. 987
2. A description of the current services that are provided 988
to the child. 989
3. A description of the proposed intensive interventions 990
and supports that will be provided to the child that are 991
designed to remediate the identified area of reading deficiency. 992
4. That if the child's reading deficiency is not 993
remediated by the end of grade 3, the child must be retained 994
unless he or she is exempt from mandatory retention for good 995
cause. 996
5. Strategies, including multisensory strategies, through 997
a read-at-home plan the parent can use in helping his or her 998
child succeed in reading. The read -at-home plan must provide 999
access to the resources identified in paragraph (e) paragraph 1000
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(d). 1001
6. That the statewide, standardized English Language Arts 1002
assessment is not the sole determiner of promotion and that 1003
additional evaluations, portfolio reviews, and assessments are 1004
available to the child to assist parents and the school district 1005
in knowing when a chil d is reading at or above grade level and 1006
ready for grade promotion. 1007
7. The district's specific criteria and policies for a 1008
portfolio as provided in subparagraph (6)(b)4. and the evidence 1009
required for a student to demonstrate mastery of Florida's 1010
academic standards for English Language Arts. A school must 1011
immediately begin collecting evidence for a portfolio when a 1012
student in grade 3 is identified as being at risk of retention 1013
or upon the request of the parent, whichever occurs first. 1014
8. The district's s pecific criteria and policies for 1015
midyear promotion. Midyear promotion means promotion of a 1016
retained student at any time during the year of retention once 1017
the student has demonstrated ability to read at grade level. 1018
9. Information about the student's eli gibility for the New 1019
Worlds Reading Initiative under s. 1003.485 and information on 1020
parent training modules and other reading engagement resources 1021
available through the initiative. 1022
1023
After initial notification, the school shall apprise the parent 1024
at least monthly of the student's progress in response to the 1025
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intensive interventions and supports. Such communications must 1026
be in writing and must explain any additional interventions or 1027
supports that will be implemented to accelerate the student's 1028
progress if the interventions and supports already being 1029
implemented have not resulted in improvement. 1030
(e) The Department of Education shall compile resources 1031
that each school district must incorporate into a read -at-home 1032
plan provided to the parent of a student who is identified as 1033
having a substantial reading deficiency pursuant to paragraph 1034
(d) paragraph (c). The resources must be made available in an 1035
electronic format that is accessible online and must include the 1036
following: 1037
1. Developmentally appropriate, evidence -based strategies 1038
and programming, including links to video training modules and 1039
opportunities to sign up for at -home reading tips delivered 1040
periodically via text and e -mail, which a parent can use to help 1041
improve his or her child's literacy skills. 1042
2. An overview of the types of assessments used to 1043
identify reading deficiencies and what those assessments measure 1044
or do not measure, the frequency with which the assessments are 1045
administered, and the requirements for interventions and 1046
supports that districts must provide to students who do not make 1047
adequate academic progress. 1048
3. An overview of the process for initiating and 1049
conducting evaluations for exceptional education eligibility. 1050
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The overview must include an explanation that a diagnosis of a 1051
medical condition alone is not sufficient to establish 1052
exceptional education eligibility but may be used to document 1053
how that condition relates to the student's eligibility 1054
determination and may be disclosed in an eligible student's 1055
individual education plan when ne cessary to inform school 1056
personnel responsible for implementing the plan. 1057
4. Characteristics of conditions associated with learning 1058
disorders, including dyslexia, dysgraphia, dyscalculia, and 1059
developmental aphasia. 1060
5. A list of resources that support i nformed parent 1061
involvement in decisionmaking processes for students who have 1062
difficulty in learning. 1063
1064
Upon the request of a parent, resources meeting the requirements 1065
of this paragraph must be provided to the parent in a hardcopy 1066
format. 1067
(7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE 1068
STUDENTS.— 1069
(b) Each school district shall: 1070
1. Provide written notification to the parent of a student 1071
who is retained under paragraph (5)(c) that his or her child has 1072
not met the achievement proficiency level required for promotion 1073
and the reasons the child is not eligible for a good cause 1074
exemption as provided in paragraph (6)(b). The notification must 1075
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comply with paragraph (5)(d) and must include a description of 1076
proposed interventions and supports that will be prov ided to the 1077
child to remediate the identified areas of reading deficiency. 1078
2. Implement a policy for the midyear promotion of a 1079
student retained under paragraph (5)(c) who can demonstrate that 1080
he or she is a successful and independent reader and performi ng 1081
at or above grade level in reading or, upon implementation of 1082
English Language Arts assessments, performing at or above grade 1083
level in English Language Arts. Tools that school districts may 1084
use in reevaluating a student retained may include subsequent 1085
assessments, alternative assessments, and portfolio reviews, in 1086
accordance with rules of the State Board of Education. Students 1087
promoted during the school year after November 1 must 1088
demonstrate achievement proficiency levels in reading equivalent 1089
to the level necessary for the beginning of grade 4. The rules 1090
adopted by the State Board of Education must include standards 1091
that provide a reasonable expectation that the student's 1092
progress is sufficient to master appropriate grade 4 level 1093
reading skills. 1094
3. Provide students who are retained under paragraph 1095
(5)(c), including students participating in the school 1096
district's summer reading camp under subparagraph (a)2., with a 1097
highly effective teacher who is certified or endorsed in reading 1098
and is rated highly effec tive as determined by the teacher's 1099
performance evaluation under s. 1012.34 , and, beginning July 1, 1100
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2020, the teacher must also be certified or endorsed in reading . 1101
4. Establish at each school, when applicable, an intensive 1102
reading acceleration course fo r any student retained in grade 3 1103
who was previously retained in kindergarten, grade 1, or grade 1104
2. The intensive reading acceleration course must provide the 1105
following: 1106
a. Uninterrupted reading instruction for the majority of 1107
student contact time each d ay and opportunities to master the 1108
grade 4 Next Generation Sunshine state academic standards in 1109
other core subject areas through content -rich texts. 1110
b. Small group instruction. 1111
c. Reduced teacher-student ratios. 1112
d. The use of explicit, systematic, and multisensory 1113
reading interventions, including intensive language, phonics, 1114
and vocabulary instruction, and use of a speech -language 1115
therapist if necessary, that have proven results in accelerating 1116
student reading achievement within the same school year . 1117
e. A read-at-home plan. 1118
(8) COORDINATED SCREENING AND PROGRESS MONITORING SYSTEM. — 1119
(a) The Department of Education, in collaboration with the 1120
Office of Early Learning, shall procure and require the use of a 1121
statewide, standardized coordinated scree ning and progress 1122
monitoring system for the Voluntary Prekindergarten Education 1123
Program and public schools serving kindergarten through grade 8 1124
students. The system must: 1125
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1. Measure student progress in the Voluntary 1126
Prekindergarten Education Program thro ugh grade 8 in meeting the 1127
appropriate expectations in early literacy and mathematics 1128
skills and in English Language Arts and mathematics standards as 1129
required by ss. 1002.67(1)(a) and 1003.41 and identify the 1130
educational strengths and needs of students . 1131
2. For students in the Voluntary Prekindergarten Education 1132
Program through grade 3, measure student performance in oral 1133
language development, phonological and phonemic awareness, 1134
knowledge of print and letters, decoding, fluency, vocabulary, 1135
and comprehension, as applicable by grade level , and, at a 1136
minimum, provide interval level and norm -referenced data that 1137
measures equivalent levels of growth . 1138
3. Be a valid, reliable, and developmentally appropriate 1139
computer-adaptive direct instrument that provides s creening and 1140
diagnostic capabilities for monitoring student progress; 1141
identifies students who have a substantial deficiency in 1142
reading, including identifying students with characteristics of 1143
dyslexia and other learning disorders ; and informs instruction. 1144
4. Provide data for Voluntary Prekindergarten Education 1145
Program accountability as required under s. 1002.68 s. 1002.67. 1146
5. Provide Voluntary Prekindergarten Education Program 1147
providers, school districts, schools, and teachers, and parents 1148
with data and resources that enhance differentiated instruction 1149
and parent communication. 1150
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6. Provide baseline data to the department of each 1151
student's readiness for kindergarten. The determination of 1152
kindergarten readiness must be based on the results of each 1153
student's initial progress monitoring assessment in 1154
kindergarten. The methodology for determining a student's 1155
readiness for kindergarten shall be developed by the department 1156
and aligned to the methodology adopted pursuant to s. 1157
1002.68(4). 1158
7.6. Assess how well educational goals and curricular 1159
standards are met at the provider, school, district, and state 1160
levels and provide information to the department to aid in the 1161
development of educational programs, policies, and supports for 1162
providers, districts, and schools. 1163
(b) Beginning with the 2022 -2023 school year, private 1164
Voluntary Prekindergarten Education Program providers and public 1165
schools must participate in the coordinated screening and 1166
progress monitoring system pursuant to this paragraph . 1167
1. For students in the Voluntary Prekindergarten Education 1168
Program through grade 2, the coordinated screening and progress 1169
monitoring system must be administered at least three times 1170
within a program year or school year, as applicable, with the 1171
first administration occurring no later than the first 30 1172
instructional days after a student's enrollment or the start of 1173
the program year or school year , the second occurring midyear, 1174
and the third administration occurring within the last 30 days 1175
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of the program or sch ool year pursuant to state board rule. The 1176
state board may adopt alternate timeframes to address 1177
nontraditional school year calendars or summer programs to 1178
ensure the coordinated screening and progress monitoring program 1179
is administered a minimum of three times within a year or 1180
program. 1181
2. For grades 3 through 10 English Language Arts and 1182
grades 3 through 8 Mathematics, the coordinated screening and 1183
progress monitoring system must be administered at the 1184
beginning, middle, and end of the school year pursua nt to state 1185
board rule. The end-of-year administration of the coordinated 1186
screening and progress monitoring system must be a comprehensive 1187
progress monitoring assessment administered in accordance with 1188
the scheduling requirements under s. 1008.22(7)(c). 1189
(c) To facilitate timely interventions and supports 1190
pursuant to subsection (4), the system must provide results from 1191
the first two administrations of the progress monitoring to a 1192
student's teacher within 1 week and to the student's parent 1193
within 2 weeks of the administration of the progress monitoring. 1194
Delivery of results from the comprehensive, end -of-year progress 1195
monitoring ELA assessment for grades 3 through 10 and 1196
Mathematics assessment for grades 3 through 8 must be in 1197
accordance with s. 1008.22(7)(h) . 1198
1. A student's results from the coordinated screening and 1199
progress monitoring system must be recorded in a written, easy -1200
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to-comprehend individual student report. Each school district 1201
shall provide a parent secure access to his or her child's 1202
individual student reports through a web -based portal as part of 1203
its learning management system. Each early learning coalition 1204
shall provide parents the individual student report in a format 1205
determined by state board rule. 1206
2. In addition to the information under s ubparagraph 1207
(a)5., the report must also include parent resources that 1208
explain the purpose of progress monitoring, assist the parent in 1209
interpreting progress monitoring results, and support informed 1210
parent involvement. Parent resources may include personali zed 1211
video formats. 1212
3. The department shall annually update school districts 1213
and early learning coalitions on new system features and 1214
functionality and collaboratively identify with school districts 1215
and early learning coalitions strategies for meaningfull y 1216
reporting to parents results from the coordinated screening and 1217
progress monitoring system. 1218
4. An individual student report must be provided in a 1219
printed format upon a parent's request. 1220
(c) A Voluntary Prekindergarten Education Program student 1221
who is at risk of being identified as having a substantial 1222
deficiency in early literacy skills, based upon results under 1223
this subsection, must be referred to the school district in 1224
which he or she resides and may be eligible to receive early 1225
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literacy instruction and interventions after program completion 1226
and before participating in kindergarten. Such instruction and 1227
interventions may be paid for using funds from the school 1228
district's evidence-based reading instruction allocation in 1229
accordance with s. 1011.62(9). 1230
(9) ANNUAL REPORT.— 1231
(a) In addition to the requirements in paragraph (5)(c), 1232
each district school board must annually report to the parent of 1233
each student the progress of the student toward achieving state 1234
and district expectations for proficiency in E nglish Language 1235
Arts, science, social studies, and mathematics. The district 1236
school board must report to the parent the student's results on 1237
each statewide, standardized assessment and the coordinated 1238
screening and progress monitoring system under subsecti on (8). 1239
The evaluation of each student's progress must be based upon the 1240
student's classroom work, observations, tests, district and 1241
state assessments, response to intensive interventions provided 1242
under paragraph (5)(a), and other relevant information. Pro gress 1243
reporting must be provided to the parent in writing in a format 1244
adopted by the district school board and must be accessible 1245
through secure, web-based options. 1246
(b) Each district school board must annually publish on 1247
the district website and in the local newspaper the following 1248
information on the prior school year: 1249
1. The provisions of this section relating to public 1250
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school student progression and the district school board's 1251
policies and procedures on student retention and promotion. 1252
2. By grade, the number and percentage of all students in 1253
grades 3 through 10 performing at Levels 1 and 2 on the 1254
statewide, standardized English Language Arts assessment. 1255
3. By grade, the number and percentage of all students 1256
retained in kindergarten through grade 1 0. 1257
4. Information on the total number of students who were 1258
promoted for good cause, by each category of good cause as 1259
specified in paragraph (6)(b). 1260
5. Any revisions to the district school board's policies 1261
and procedures on student retention and promot ion from the prior 1262
year. 1263
Section 14. Subsection (1), paragraph (a) of subsection 1264
(3), and paragraphs (a) and (b) of subsection (4) of section 1265
1008.33, Florida Statutes, are amended to read: 1266
1008.33 Authority to enforce public school improvement. — 1267
(1) The State Board of Education shall comply with the 1268
federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. 1269
ss. 6301 et seq., its implementing regulations, and the ESEA 1270
plan flexibility waiver approved for Florida by the United 1271
States Secretary of Education. The state board may adopt rules 1272
to maintain compliance with the ESEA and the ESEA plan 1273
flexibility waiver. 1274
(3)(a) The academic performance of all students has a 1275
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significant effect on the state school system. Pursuant to Art. 1276
IX of the State Constitution, which prescribes the duty of the 1277
State Board of Education to supervise Florida's public school 1278
system, the state board shall equitably enforce the 1279
accountability requirements of the state school system and may 1280
impose state requirements on school districts in order to 1281
improve the academic performance of all districts, schools, and 1282
students based upon the provisions of the Florida Early 1283
Learning-20 Education Code, chapters 1000 -1013; the federal ESEA 1284
and its implementing regulations; and the ESEA plan flexibility 1285
waiver approved for Florida by the United States Secretary of 1286
Education. 1287
(4)(a) The state board shall apply intensive intervention 1288
and support strategies tailored to the needs of schools earning 1289
two consecutive grades of "D" or a gr ade of "F." In the first 1290
full school year after a school initially earns a grade of "D," 1291
two consecutive grades of "D" or a grade of "F," the school 1292
district must immediately implement intervention and support 1293
strategies prescribed in rule under paragraph (3)(c). For a 1294
school that initially earns a grade of "F" or a second 1295
consecutive grade of "D," the school district must either 1296
continue implementing or immediately begin implementing 1297
intervention and support strategies prescribed in rule under 1298
paragraph (3)(c) and, by September 1, provide the department , by 1299
September 1, with the memorandum of understanding negotiated 1300
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pursuant to s. 1001.42(21) and, by October 1, a district -managed 1301
turnaround plan for approval by the state board. The district -1302
managed turnaround plan may include a proposal for the district 1303
to implement an extended school day, a summer program, or a 1304
combination of an extended school day and a summer program , or 1305
any other option authorized under paragraph (b) for state board 1306
approval. A school d istrict is not required to wait until a 1307
school earns a second consecutive grade of "D" to submit a 1308
turnaround plan for approval by the state board under this 1309
paragraph. Upon approval by the state board, the school district 1310
must implement the plan for the r emainder of the school year and 1311
continue the plan for 1 full school year. The state board may 1312
allow a school an additional year of implementation before the 1313
school must implement a turnaround option required under 1314
paragraph (b) if it determines that the sc hool is likely to 1315
improve to a grade of "C" or higher after the first full school 1316
year of implementation. 1317
(b) Unless an additional year of implementation is 1318
provided pursuant to paragraph (a), a school that completes a 1319
plan cycle under paragraph (a) and does not improve to a grade 1320
of earns three consecutive grades below a "C" or higher must 1321
implement one of the following: 1322
1. Reassign students to another school and monitor the 1323
progress of each reassigned student; 1324
2. Close the school and reopen the scho ol as one or more 1325
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charter schools, each with a governing board that has a 1326
demonstrated record of effectiveness; or 1327
3. Contract with an outside entity that has a demonstrated 1328
record of effectiveness to provide turnaround services 1329
identified in state board rule, which may include school 1330
leadership, educational modalities, teacher and leadership 1331
professional development, curriculum, operation and management 1332
services, school-based administrative staffing, budgeting, 1333
scheduling, other educational service provi der functions, or any 1334
combination thereof operate the school. Selection of an outside 1335
entity may include one or a combination of the following: 1336
a. An external operator, which may be a district-managed 1337
charter school or a high-performing charter school network in 1338
which all instructional personnel are not employees of the 1339
school district, but are employees of an independent governing 1340
board composed of members who did not participate in the review 1341
or approval of the charter. 1342
b. A contractual agreement th at allows for a charter 1343
school network or any of its affiliated subsidiaries to provide 1344
individualized consultancy services tailored to address the 1345
identified needs of one or more schools under this section. 1346
1347
A school district and outside entity under this subparagraph 1348
must enter, at minimum, a 2 -year, performance-based contract. 1349
The contract must include school performance and growth metrics 1350
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the outside entity must meet on an annual basis. The state board 1351
may require the school district to modify or cancel the 1352
contract. 1353
Section 15. Subsection (6) of section 1008.34, Florida 1354
Statutes, is renumbered as subsection (7), paragraph (c) of 1355
subsection (3) is amended, and a new subsection (6) is added to 1356
that section, to read: 1357
1008.34 School grading system; sc hool report cards; 1358
district grade.— 1359
(3) DESIGNATION OF SCHOOL GRADES. — 1360
(c)1. The calculation of a school grade shall be based on 1361
the percentage of points earned from the components listed in 1362
subparagraph (b)1. and, if applicable, subparagraph (b)2. The 1363
State Board of Education shall adopt in rule a school grading 1364
scale that sets the percentage of points needed to earn each of 1365
the school grades listed in subsection (2). There shall be at 1366
least five percentage points separating the percentage 1367
thresholds needed to earn each of the school grades. The state 1368
board shall annually periodically review the percentage of 1369
school grades of "A" and "B" for the school year to determine 1370
whether to adjust the school grading scale upward for the 1371
following school year's sc hool grades. The first adjustment 1372
would occur no earlier than the 2023 -2024 school year. An 1373
adjustment must be made if the percentage of schools earning a 1374
grade of "A" or "B" in the current year represents 75 percent or 1375
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more of all graded schools within a particular school type, 1376
which consists of elementary, middle, high, and combination. The 1377
adjustment must reset the minimum required percentage of points 1378
for each grade of "A", "B", "C", or "D" at the next highest 1379
percentage ending in the numeral 5 or 0, wh ichever is closest to 1380
the current percentage. Annual reviews of the percentage of 1381
schools earning a grade of "A" or "B" and adjustments to the 1382
required points must be suspended when the following grading 1383
scale for a specific school type is achieved: 1384
a. Ninety percent or more of the points for a grade of 1385
"A". 1386
b. Eighty to eighty -nine percent of the points for a grade 1387
of "B". 1388
c. Seventy to seventy -nine percent of the points for a 1389
grade of "C". 1390
d. Sixty to sixty-nine percent of the points for a grade 1391
of "D." 1392
1393
When the school grading scale to determine if the scale should 1394
be adjusted upward to meet raised expectations and encourage 1395
increased student performance. If the state board adjusts the 1396
grading scale upward, the state board must inform the public and 1397
the school districts of the reasons for and degree of the 1398
adjustment and its anticipated impact on school grades. 1399
2. The calculation of school grades may not include any 1400
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provision that would raise or lower the school's grade beyond 1401
the percentage of points earned. Extra weight may not be added 1402
in the calculation of any components. 1403
(6) TRANSITION.-To assist in the transition to 2022 -2023 1404
school grades and district grades calculated based on the 1405
comprehensive, end-of-year progress monitoring assessme nt under 1406
s. 1008.25(8), the 2022 -2023 school grades and district grades 1407
shall serve as an informational baseline for schools and 1408
districts to work toward improved performance in future years. 1409
Accordingly, notwithstanding any other provision of law: 1410
(a) Due to the absence of Learning Gains data in the 2022 -1411
2023 school year, the initial school grading scale for the 2022 -1412
2023 informational baseline grades shall be set so that the 1413
percentage of schools that earn an "A," "B," "C," "D," and "F" 1414
is statistically equivalent to the 2021 -2022 school grades 1415
results. When Learning Gains data become available in the 2023 -1416
2024 school year, the State Board of Education shall review the 1417
school grading scale and determine if the scale should be 1418
adjusted. 1419
(b) A school may not be required to select and implement a 1420
turnaround option pursuant to s. 1008.33 in the 2023 -2024 school 1421
year based on the school's 2022 -2023 grade. The benefits of s. 1422
1008.33(4)(c), relating to a school being released from 1423
implementation of the turnaro und option, and s. 1008.33(4)(d), 1424
relating to a school implementing strategies identified in its 1425
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school improvement plan, apply to a school using turnaround 1426
options pursuant to s. 1008.33 which improves to a grade of "C" 1427
or higher during the 2022 -2023 school year. 1428
(c) A school or approved provider under s. 1002.45 which 1429
receives the same or lower school grade for the 2022 -2023 school 1430
year compared to the 2021 -2022 school year is not subject to 1431
sanctions or penalties that would otherwise occur as a result of 1432
the 2022-2023 school grade or rating. A charter school system or 1433
school district designated as high performing may not lose the 1434
designation based on the 2022 -2023 school grades of any of the 1435
schools within the charter school system or school district or 1436
based on the 2022-2023 district grade, as applicable. 1437
(d) For purposes of determining grade 3 retention pursuant 1438
to s. 1008.25(5) and high school graduation pursuant to s. 1439
1003.4282, student performance on the 2022 -2023 comprehensive, 1440
end-of-year progress monitoring assessment under s. 1008.25(8) 1441
shall be linked to 2021 -2022 student performance expectations. 1442
In addition to the good cause exemptions under s. 1008.25(6), a 1443
student may be promoted to grade 4 for the 2023 -2024 school year 1444
if the student demonstrates an acceptable level of performance 1445
through means reasonably calculated by the school district to 1446
provide reliable evidence of the student's performance. 1447
1448
This subsection is repealed July 1, 2025. 1449
Section 16. Subsection (6) of section 1008.341, Florida 1450
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Statutes, is renumbered as subsection (7), and a new subsection 1451
(6) is added to that section, to read: 1452
1008.341 School improvement rating for alternative 1453
schools.— 1454
(6) TRANSITION.—Due to the absence of Learning Gains data 1455
in the 2022-2023 school year, school improvement ratings will 1456
not be calculated for the 2022 -2023 school year. When Learning 1457
Gains data become available in the 2023 -2024 school year, the 1458
State Board of Education shall set the sca le for the 1459
"Commendable," "Maintaining," and "Unsatisfactory" ratings 1460
pursuant to rule. This subsection is repealed July 1, 2025. 1461
Section 17. This act shall take effect July 1, 2022. 1462