ENROLLED
CS/HB 1597 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1597-02-er
Page 1 of 5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to the Florida Virtual School; 2
creating s. 1008.213, F.S.; providing for flexibility 3
in the administration of specified assessments for 4
Florida Virtual School full -time students of military 5
families residing outside this state; providing that 6
such assessments for students granted such flexibility 7
must be administered securely by persons who meet 8
specified criteria at a certain location; pr oviding a 9
process for the parents or guardians of such students 10
to request the flexibility in assessment 11
administration from the Florida Virtual School; 12
providing requirements for such parents or guardians, 13
the Florida Virtual School, and the Department of 14
Education in such process; authorizing the Legislature 15
to request a report from the Florida Virtual School 16
regarding requests for flexibility in assessment 17
administration; requiring the State Board of Education 18
to adopt rules; amending s. 1008.22, F.S.; p roviding 19
flexibility in the administration of specified 20
assessments for certain Florida Virtual School 21
students; defining the term "child of a military 22
family residing outside this state eligible for 23
flexibility in assessment administration"; providing 24
requirements for such flexibility in assessment 25
ENROLLED
CS/HB 1597 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1597-02-er
Page 2 of 5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
administration; providing an effective date. 26
27
Be It Enacted by the Legislature of the State of Florida: 28
29
Section 1. Section 1008.213, Florida Statutes, is created 30
to read: 31
1008.213 Children of military families residing outside 32
this state; flexible assessment administration. — 33
(1) A Florida Virtual School full -time student of a 34
military family residing outside this state who is prevented by 35
his or her parent's or guardian's out -of-state military duty 36
station's location from participating in a Florida -based Florida 37
Virtual School secure and proctored exam shall be offered 38
flexibility with respect to assessment administration in order 39
to demonstrate the grade -level mastery of skills that have been 40
acquired and are measured by the statewide, standardized 41
comprehensive assessment under s. 1008.22(3)(a), the statewide, 42
standardized end-of-course assessment under s. 1008.22(3)(b), or 43
an alternate assessment under s. 1008.22(3)(d). 44
(2)(a) The flexibility in a ssessment administration must 45
allow a Florida Virtual School full -time student from a military 46
family currently stationed outside this state to participate in 47
statewide, standardized assessments administered securely by a 48
licensed, certified instructor or an education services officer 49
test administrator at his or her parent's or guardian's current 50
ENROLLED
CS/HB 1597 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1597-02-er
Page 3 of 5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
military duty station. 51
(b) A licensed, certified instructor or an education 52
services officer test administrator must meet the criteria 53
specified in s. 1008.24(3 )(a). 54
(3) The student's parent or guardian may submit to the 55
Florida Virtual School a written request for flexibility in 56
assessment administration at any time during the school year, 57
but not later than 90 days before the current school year's 58
assessment administration for which the request is made. A 59
request must include written, official documentation of the 60
family's current out -of-state military duty stationing. 61
(4) Based on such documentation provided by the family 62
pursuant to subsection (3), the Flo rida Virtual School shall 63
submit a recommendation to the Department of Education as soon 64
as practicable as to whether flexibility in assessment 65
administration for a given statewide assessment should be 66
granted or denied. Upon receipt of the request, docume ntation, 67
and recommendation, the department shall verify the information 68
documented as soon as practicable, make a determination, and 69
notify the Florida Virtual School within 14 days. After the 70
receipt of the department's determination, the Florida Virtual 71
School shall notify the parent or guardian whether the 72
flexibility in assessment administration has been granted or 73
denied. If the department grants the request, the student's 74
progress must be assessed with flexibility in assessment 75
ENROLLED
CS/HB 1597 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1597-02-er
Page 4 of 5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
administration as prov ided in s. 1008.22. 76
(5) The Legislature may request from the Florida Virtual 77
School a report containing the number of requests for 78
flexibility in assessment administration made under this 79
section, the number of requests for flexibility in assessment 80
administration granted under this section, and data regarding 81
student performance on statewide, standardized assessments. 82
(6) The State Board of Education shall adopt rules to 83
implement this section. 84
Section 2. Subsections (11) through (14) of section 85
1008.22, Florida Statutes, are renumbered as subsections (12) 86
through (15), respectively, and a new subsection (11) is added 87
to that section, to read: 88
1008.22 Student assessment program for public schools. — 89
(11) CHILD OF A MILITARY FAMILY RESIDING OUTSID E THIS 90
STATE.—In addition to the flexibility in assessment 91
administration under s. 1008.213, a child of a military family 92
residing outside this state is eligible for flexibility in 93
assessment administration in accordance with this subsection 94
when participating in the statewide, standardized comprehensive 95
assessment in paragraph (3)(a), the statewide, standardized end -96
of-course assessment in paragraph (3)(b), or an alternate 97
assessment in paragraph (3)(d). 98
(a) Definition.—For the purposes of this subsection, the 99
term "child of a military family residing outside this state 100
ENROLLED
CS/HB 1597 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1597-02-er
Page 5 of 5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
eligible for flexibility in assessment administration" means a 101
Florida Virtual School full -time student of a military family 102
residing outside this state who is prevented by his or her 103
parent's or guardian's out -of-state military duty station's 104
location from participating in a Florida -based Florida Virtual 105
School secure and proctored exam. 106
(b) Flexibility in assessment administration option. —The 107
flexibility in assessment administration under this subsection 108
must allow a Florida Virtual School full -time student from a 109
military family currently stationed outside this state to 110
participate in statewide, standardized assessments administered 111
securely by a licensed, certified instructor or an education 112
services officer test administrator at his or her family's 113
current military duty station. To be eligible for this 114
flexibility, the student's parent or guardian must meet the 115
requirements of s. 1008.213 and the stud ent must be determined 116
eligible by the Department of Education. 117
Section 3. This act shall take effect July 1, 2023. 118