The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: SB 7004
INTRODUCER: Education Pre-K -12 Committee
SUBJECT: Deregulation of Public Schools/Assessment and Accountability, Instruction, and
Education Choice
DATE: December 7, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
Palazesi/Sabitsch Bouck ED Submitted as Comm. Bill/Fav
1. Palazesi/Sabitsch Yeatman FP Pre-meeting
I. Summary:
SB 7004 builds on the deregulation of public schools provisions in House Bill 1 (Ch. 2023-16,
Laws of Fla.) and provides to school districts additional authority related to prekindergarten
programs, retention and graduation, assessments, school improvement, instructional materials,
and reporting. Specifically, the bill modifies the following:
Relating to the Voluntary Prekindergarten (VPK) program, the bill:
o Removes the requirement that each public school district offer the summer VPK
program, modifies summer VPK funding and program attendance systems, and provides
access to school district summer reading camps.
o Removes early learning coalition monitoring of public school VPK programs.
Relating to assessments, the bill:
o Creates an additional good cause exemption from third-grade retention to specify that a
parent may determine promotion to grade 4 is in the best interest of the student.
o Eliminates the requirement for students to pass the Algebra 1 end of course and grade 10
English Language Arts assessment to earn a standard high school diploma.
o Eliminates requirements relating to the uniform assessment calendar, and that school
districts submit the district-wide assessment calendar to the Department of Education.
o Authorizes district school superintendents to determine the timeframe for applications for
extraordinary exemptions from assessments for students with disabilities.
o Removes the requirement for administration of the common assessment for students in
Department of Juvenile Justice (DJJ) prevention, residential, or day treatment programs.
Relating to public school accountability and improvement, the bill:
o Specifies that changes made by the State Board of Education (SBE) to the school grades
model or scale may not go into effect until the following school year.
o Extends from 2 to 4 years the time for a school district to implement a district managed
turnaround plan. The bill provides a school exits district-managed turnaround with two
consecutive grades of “C,” or a grade of “A” or “B.”
REVISED: BILL: SB 7004 Page 2
o Expands school turnaround options to include conversion to a community partnership
school.
o Prohibits the use of the value added model (VAM) as the sole determinate in recruiting
instructional personnel.
o Removes the requirement that district school boards take action on a provider contract for
DJJ educational programs that continue to underperform within six months after a
monitoring plan.
Relating to instructional materials, the bill:
o Requires the Commissioner of Education, beginning in the 2026 adoption cycle, to
publish the list of adopted instructional materials not later than July 31 of the year
preceding the beginning of the adoption period.
o Provides districts school boards additional authority in the provision of adequate
instructional materials and major tools of instruction for students in core subject areas.
o Modifies dates for superintendent reporting regarding requisitioned instructional
materials and alignment of materials to state standards.
o Provides to principals the authority to determine collection of funds for lost or damaged
instructional materials.
Regarding district programs, the bill:
o Removes the requirement that the required minutes of recess per day be unstructured and
consecutive.
o Changes district school board capacity determinations for controlled open enrollment and
from every 12 weeks to twice annually.
o Authorizes school district virtual instruction programs to provide equipment to all
students, regardless of income status.
o Repeals the Competency-Based Pilot Program and the single-gender programs
requirements.
The bill also repeals reporting relating to fine arts, charter technical career centers, middle grades
career courses, academically high performing school districts, Committee of Practitioners under
the No Child Left Behind Act, and implementation of school improvement and accountability.
The bill is effective July 1, 2024.
II. Present Situation:
The present situation for the relevant portions of the bill is discussed under the Effect of
Proposed Changes of this bill analysis.
III. Effect of Proposed Changes:
Voluntary Prekindergarten Programs in Public Schools
Present Situation
Since the inception of the Voluntary Prekindergarten (VPK) program, public schools have been
instrumental in delivering the program. Public schools deliver both the 540 hour school year BILL: SB 7004 Page 3
VPK program
1
and the 300 hour summer VPK program.
2
In general, public schools comprise
just over 20 percent of the overall VPK programs during the entire program year.
3
Public schools are required to contract through the early learning coalitions and are subject to the
same requirements as non-public programs in terms of implementing instructional standards,
personnel requirements, and program accountability. While both public schools and private
providers offer the school year prekindergarten program, public school districts are required to
offer the summer VPK program, consisting of 300 hours of instruction, to any parent who enrolls
his or her child in the program.
4
Participation in the summer VPK program has steadily declined
from 2016-2017 to 2022-2023. For example, in the 2016-2017 summer VPK program there were
5,272 children enrolled, and in the 2022-2023 summer program there were 2,620 children
enrolled.
5
According to 2022-2023 summer VPK program data, there were 1,330 children
enrolled in summer VPK public school programs across 42 school districts.
6
These enrollments
are in contrast to the 153,638 school year VPK enrollment for 2022-2023.
7
Public school district funding for the summer VPK program requires that the number of children
funded is divisible by 12.
8
For example, if a district serves only 2 children for the summer VPK
program, the district is funded for 12 children. Based on data for the 2022-2023 program, 36
districts received additional funding for 196 full-time equivalent enrollments over the actual
program enrollment, for a total of $469,028.
9
In general, VPK programs in public schools are subject to the same oversight as private VPK
programs, including requirements for use of the state contract, instructor to child ratios,
instructor training, attendance and reporting, accountability, and methods regarding
reimbursement for the VPK program. Early learning coalitions are required to monitor the
compliance of public school VPK programs in their county or multi-county service region for
both school year
10
and summer
11
VPK programs.
Effect of Proposed Changes
The bill removes several requirements related to VPK programs operated by public schools.
The bill modifies s. 1002.53, F.S., to remove the requirement for public school districts to offer
the summer VPK program. Accordingly, because the summer VPK program would be optional
1
Section 1002.63(1), F.S.
2
Section 1002.61(1), F.S.
3
Florida Department of Education, Division of Early Learning Annual Report 2021-2022, available at:
https://www.fldoe.org/core/fileparse.php/20628/urlt/2122-DEL-AnnualReport.pdf.
4
Section 1002.53(6)(b), F.S.
5
Office of Economic & Demographic Research, Early Learning Programs Estimating Conference Prekindergarten
Education Program, Conference Package (Aug. 10, 2023), available at
http://edr.state.fl.us/Content/conferences/vpk/VPKResults.pdf.
6
Email, Florida Department of Education, Legislative Affairs (Oct. 27, 2023).
7
Id.
8
Section 1002.71(3)(d), F.S.
9
Email, Florida Department of Education, Legislative Affairs (Oct. 27, 2023). The amount is based on the 2022-23 summer
VPK base student allocation of $2,393.
10
Section 1002.63(9)(a), F.S.
11
Section 1002.61(10)(a), F.S. BILL: SB 7004 Page 4
for school districts, the bill modifies s. 1002.71, F.S., to remove the additional payment to school
districts for operating a summer VPK program that funds enrollment divisible by 12. The bill
modifies s. 1002.61, F.S., to specify that students who did not participate in the school year VPK
program and do not have access to a summer VPK program in the county in which they reside
are eligible to attend a school district summer reading camp.
The bill modifies ss. 1002.61 and 1002.63, F.S., to remove the requirement, for both school year
and summer VPK programs, that early learning coalitions verify statutory compliance by school
district-operated VPK programs. This aligns oversight of the school district VPK program with
other district-operated educational programs.
Finally, the bill removes the requirement in s. 1002.71, F.S., for district school board policy to
require parents to sign monthly attendance forms and retain those forms for two years. The
school district will be required to certify attendance on the single point of entry system that is
used for payment of VPK program attendance. The revision offers flexibility to school districts
to utilize existing attendance tracking methods without duplication due to required forms.
Third Grade Retention and Supports
Present Situation
More than half of all states have a third grade retention policy that either allows school districts
or requires them to retain students based on a student’s mastery of literacy.
12
Florida has long
been a national leader in investments and policy ideas targeted at improving early grades
literacy. Specifically, over the past five years, the legislature has passed several policies that
provide targeted supports for early grades literacy, such as:
Implementing a coordinated screening and progress monitoring system in grades VPK-3 to
allow educators to make real-time adjustments to instruction throughout the school year.
13
Enhancing the requirements for educators earning the reading endorsement.
14
Providing books to eligible student in grades K-5 through the New Worlds Reading
Initiative.
15
Inclusion of a grade 3 English Language Arts (ELA) component in the school grades
model.
16
Interventions and Required Supports for Struggling Readers
Students in kindergarten through grade 3 who exhibit a substantial reading deficiency, based on
locally collected data, statewide assessments, or through teacher observations, must be given
intensive reading instruction immediately following the identification of the deficiency.
17
A
school may not wait for a student to receive a failing grade at the end of a grading period to
12
Sarah Schwartz, 3
rd
Grade Reading Retention: Why the Research is Complicated, (Aug. 29, 2023),
https://www.edweek.org/teaching-learning/3rd-grade-reading-retention-why-the-research-is-complicated/2023/08 (last
visited Nov. 8. 2023).
13
Ch. 2021-10, Laws of Fla.
14
Ch. 2021-09, Laws of Fla.
15
Ch. 2021-193, Law of Fla.
16
Ch. 2023-39, Laws of Fla.
17
Section 1008.25(5)(a), F.S. BILL: SB 7004 Page 5
identify the student as having a substantial reading deficiency and initiate intensive reading
interventions.
18
A student’s reading proficiency must be monitored and the intensive
interventions must continue until the student demonstrates grade level proficiency in a manner
determined by the school district, which may include achieving a Level 3 on the statewide,
standardized ELA assessment.
19
Students who do not achieve a Level 3 or above on the statewide, standardized ELA assessment
must be evaluated to determine the nature of the student’s difficulty, the areas of academic need,
and strategies for providing academic supports to improve the student’s performance.
20
District
school boards are required to prioritize remedial and supplemental instruction resources first to
students in kindergarten through grade 3 who have a substantial reading deficiency and then to
students who fail to meet performance levels required for promotion under the school district’s
student progression plan.
21
A student who is not meeting school district or state requirements for satisfactory performance in
ELA must be covered by one of the following plans:
22
A federally required student plan such as an individual education plan (IEP);
A school wide system of progress monitoring for all students, except that a student who
scores Level 4 or above on the ELA assessment may be exempted from participation by the
principal; or
An individualized progress monitoring plan.
School districts have a variety of intervention and progress monitoring options available to help
students improve their academic performance. Retention is mandatory for grade 3 students who
score at Level 1 on the statewide, standardized ELA assessment.
23
Any student retained in grade
3 because of his or her statewide, standardized ELA assessment score must receive intensive
interventions and be taught by a “highly-effective” teacher with a reading endorsement or
certification in reading.
24
Interventions must include:
25
Evidence-based, explicit, systematic, and multisensory reading instruction in phonemic
awareness, phonics, fluency, vocabulary, and comprehension and other strategies prescribed
by the school district.
Participation in the school district’s summer reading camp.
A minimum of 90 minutes of daily, uninterrupted reading instruction. This instruction may
include coordinated integration of content-rich texts in science and civic literacy; small group
instruction; reduced teacher-student ratios; more frequent progress monitoring, tutoring or
mentoring; transition classes containing and grades 3 and 4 students; and extended school
day, week, or year.
18
Section 1008.25(5)(a), F.S. See also s. 1003.57, F.S. For purposes of this section, a licensed professional means an
individual licensed pursuant to ch. 490, F.S.
19
Section 1008.25(5)(a), F.S.
20
Section 1008.25(4)(a), F.S.
21
Section 1008.25(3), F.S.
22
Section 1008.25(4)(b), F.S.
23
Section 1008.25(5)(c), F.S. A student may be promoted if he or she meets a “good cause” exception as provided in s.
1008.25(6)(b), F.S.
24
See ss. 1008.25(7)(b)3. and 1012.34(2)(e), F.S.
25
Section 1008.25(7)(a), F.S. BILL: SB 7004 Page 6
Additionally, each school district must establish at each school, when applicable, an intensive
reading acceleration course for any student retained in grade 3 who was previously retained in
kindergarten, grade 1, or grade 2. The intensive reading acceleration course must provide the
following:
26
Uninterrupted reading instruction for the majority of student contact time each day and
opportunities to master the grade 4 state academic standards in other core subject areas
through content-rich texts.
Small group instruction.
Reduced teacher-student ratios.
The use of explicit, systematic, and multisensory reading interventions, including intensive
language, phonics, and vocabulary instruction, and use of a speech-language therapist if
necessary, that have proven results in accelerating student reading achievement within the
same school year.
A read-at-home plan.
Third Grade Retention and Good Cause Exemptions
Since 2002, Florida has mandated that third grade students who score at an achievement level 1
on a statewide, standardized assessment be retained unless a student meets a good cause
exemption.
27
Students can meet a good cause exemption if one of the following criteria is met:
28
Limited English proficient students who have had less than 2 years of instruction in an
English for Speakers of Other Languages program.
Students with disabilities whose IEP indicates that participation in the statewide assessment
program is not appropriate.
Students who demonstrate an acceptable level of performance on an alternative standardized
reading or ELA assessment approved by the State Board of Education.
A student who demonstrates through a student portfolio that he or she is performing at least
at Level 2 on the statewide, standardized ELA assessment.
Students with disabilities who take the statewide, standardized ELA assessment and who
have an IEP or a Section 504 plan that reflects that the student has received intensive
instruction in reading or ELA for more than 2 years but still demonstrates a deficiency and
was previously retained in prekindergarten, kindergarten, grade 1, grade 2, or grade 3.
Students who have received intensive reading intervention for 2 or more years but still
demonstrate a deficiency in reading and who were previously retained in kindergarten, grade
1, grade 2, or grade 3 for a total of 2 years. A student may not be retained more than once in
grade 3.
In the 2021-22 school year, 52,451 third grade students scored at an achievement level 1 on the
statewide standardized grade 3 ELA assessment.
29
Of the 52,451 students who scored at an
achievement level 1, 31,884 students were promoted to grade 4 by meeting one of the good cause
26
Section 1008.25(7)(b)4., F.S.
27
Ch. 2002-387, Laws of Fla.
28
Section 1008.25(7)(b)1.-6., F.S.
29
Florida Department of Education, Know Your Schools Advanced Reporting, Assessment Map,
https://knowyourdatafl.org/views/PK12-
Assessments/ASSESSMENTMAP?:showAppBanner=false&:display_count=n&:showVizHome=n&:origin=viz_share_link&:
isGuestRedirectFromVizportal=y&:embed=y (last visited Nov. 5, 2023). BILL: SB 7004 Page 7
exemptions.
30
In total, approximately 43,000 students in grades k-5 were retained, 21,000 of
those retained students were in the third grade.
31
Effect of Proposed Changes
The bill modifies s. 1008.25, F.S., to expand parental rights in accordance with ch. 1014, which
specifies that it is a fundamental right of parents to direct the education of their child. The bill
requires that a parent must approve a good cause exemption for his or her child to be promoted to
the fourth grade. Additionally, the bill adds a good cause exemption by allowing that if a parent
determines his or her child must be promoted, the parent and the school must develop, a student
intervention plan that is approved by the parent. Finally, the bill provides that the intervention
plan may include but is not limited to the following interventions and supports:
32
Read-at-home plan.
Evidence-based, explicit, systematic, and multisensory reading instruction grounded in the
science of reading, in phonemic awareness, phonics, fluency, vocabulary, and comprehension
and other strategies prescribed by the school district.
Participation in the school district’s summer reading camp, which must incorporate
instructional and intervention strategies, that place rigor and grade-level learning at the
forefront.
A minimum of 90 minutes of daily, uninterrupted reading instruction incorporating
instructional and intervention strategies. This instruction may include:
o Coordinated integration of content-rich texts in science and civic literacy within the 90-
minute block.
o Targeted small group instruction.
o Explicit and systematic instruction with more detailed explanations, more extensive
opportunities for guided practice, and more opportunities for error correction and
feedback.
o Reduced teacher-student ratios.
o More frequent progress monitoring of the reading skills of each student throughout the
school year and the adjustment of instruction according to student need.
o Tutoring or mentoring.
o Transition classes containing 3rd and 4th grade students.
o Extended school day, week, or year.
o Before school or after school, or both, supplemental evidence-based reading interventions
grounded in the science of reading delivered by a teacher who is certified or endorsed in
reading and is rated highly effective as determined by the teacher’s performance
evaluation.
30
Florida Department of Education, Retentions and Non-Promotions, 3
rd
Grade Promotions: Good Cause Exemptions, 2021-
22, https://origin.fldoe.org/core/fileparse.php/7584/urlt/3rdPromotionExemption2122.xlsx, (last visited Nov. 5, 2023).
31
Florida Department of Education, Retentions and Non-Promotions, Non-promotions in Florida Public Schools, 2021-22,
https://origin.fldoe.org/core/fileparse.php/7584/urlt/2122NonPromotions.xlsx, (last visited Nov. 5, 2023).
32
Section 1008.25(5)(e) and (8), F.S. BILL: SB 7004 Page 8
High School Graduation Requirements
Present Situation
Nearly all states have established minimum credit and course requirements to earn a standard
diploma, but graduation requirements may also serve to assess specific skills and content
knowledge prioritized by the state, evaluate college and career readiness, or offer multiple
pathways to a diploma.
33
At least 34 states and the District of Columbia, require students to
complete specific assessments to meet a graduation requirement.
34
Eleven states require that
students must pass an English Language Arts (ELA) and/or a mathematics assessment to earn a
standard high school diploma.
35
Florida’s High School Graduation Requirements
To earn a standard high school diploma a student must complete 24 credits, an International
Baccalaureate curriculum, or an Advanced International Certificate of Education curriculum.
36
The 24 option for a standard diploma includes:
37
Four credits in ELA I, II, III, and IV.
Four credits in mathematics, including one in Algebra I and one in Geometry.
Three credits in science, two of which must have a laboratory component and one of which
must include Biology I.
Three credits in social studies including one credit in United States History, one credit in
World History, one-half credit in economics, and one-half credit in United States
Government.
One credit in fine or performing arts, speech and debate, or career and technical education.
One credit in physical education which includes the integration of health.
Seven and one-half credits in electives.
One-half credit in personal financial literacy.
All students must pass the statewide, standardized grade 10 ELA assessment, or earn a
concordant score, and must pass the statewide, standardized Algebra I end-of-course (EOC)
assessment, or earn a comparative score, in order to earn a standard high school diploma.
38
.
Students may satisfy the assessment requirement using a specified score on the SAT, ACT,
Classic Learning Test, PSAT/NMSQT. The use of concordant and comparative scores has
significantly increased over the past 5 years, from 27.5 percent of graduates in 2018 satisfying
assessment requirements using a comparative score to 41.8 percent in 2022.
39
33
Education Commission of the States, 50- State Comparison: High School Graduation Requirements,
https://www.ecs.org/50-state-comparison-high-school-graduation-requirements-2023/ ,(last visited November 2, 2023).
34
Id.
35
Id. Of those 11 states, two allow the use of a portfolio of work in lieu of passing an assessment and two states require
students to pass the assessments if they do not choose a graduation pathway.
36
Section 1003.4282(1)(a), F.S.
37
Section 1003.4282(3)(a)-(g), F.S.
38
Section 1003.4282(3), F.S. A student enrolled in an Advanced Placement (AP), International Baccalaureate (IB), or
Advanced International Certificate of Education (AICE) course who takes the respective AP, IB, or AICE assessment and
earns a specified score is not required to take the corresponding EOC assessment. Section 1008.22(3)(b)6., F.S.
39
Florida Department of Education, Know Your Data Advanced Reports: High School Graduate Pathways,
https://knowyourdatafl.org/views/PK12-PathwaystoGraduation/GRADUATEPATHWAYS- BILL: SB 7004 Page 9
High School Graduation Requirements for Transfer Students and English Language Learners
Students who transfer to a Florida public high school from out of country, out of state, a private
school, or a home education program and the student’s transcript shows a credit in Algebra I, the
student must pass the statewide, standardized Algebra I EOC assessment in order to earn a
standard high school diploma unless the student earned a comparative score, passed a statewide
assessment in Algebra I administered by the transferring entity, or passed the statewide
mathematics assessment the transferring entity uses to satisfy the requirements of the Elementary
and Secondary Education Act, as amended by the Every Student Succeeds Act (ESSA), 20
U.S.C. ss. 6301 et seq.
40
If a student’s transcript shows a credit in high school reading or English Language Arts II or III,
in order to earn a standard high school diploma, the student must take and pass the statewide,
standardized grade 10 ELA assessment, or earn a concordant score.
41
For students who enter a Florida public school in grade 11 or 12 from out of state or out of
country, in order to receive a standard high school diploma students must pass the grade 10 ELA
assessment, or earn a concordant score and must pass the statewide, standardized Algebra I EOC
assessment, or earn a comparative score.
42
Students who have been enrolled in an English for
Speakers of Other Languages program for less than 2 school years and have met all requirements
for the standard high school diploma except for passage the grade 10 ELA assessment may meet
the requirement by satisfactorily demonstrating grade-level expectations on formative
assessments.
43
High School Equivalency Diploma Program
The High School Equivalency Diploma offers students who are no longer enrolled in high school
an opportunity to earn a high school diploma by successfully passing the standard GED tests. A
candidate for a high school equivalency diploma must be at least 18 years of age on the date of
the examination, except that in extraordinary circumstances, as provided for in rules of the
district school board of the district in which the candidate resides or attends school, a candidate
may take the examination after reaching the age of 16.
44
School districts may not require a
student who has reached the age of 16 to take any course before taking the examination unless
the student fails to achieve a passing score on the GED practice test.
45
In the 2021-2022
graduation cohort, 392 students earned a GED-based diploma.
46
MAP?:showAppBanner=false&:display_count=n&:showVizHome=n&:origin=viz_share_link&:isGuestRedirectFromVizpor
tal=y&:embed=y, (last visited, Nov. 3, 2023). Florida Department of Education Emergency Orders No. 2020-EO-1 and No.
2021-EO-2 exempted students in the 2019-20 and 2020-21 graduation cohorts from the statewide standardized assessment
requirements.
40
Section 1003.4282(6), F.S.
41
Id.
42
Section 1003.433(1), F.S.
43
Section 1003.433(3)(b), F.S.
44
Section 1003.435(4), F.S.
45
Id.
46
Florida Department of Education, Florida’s High School Cohort 2021-22 Graduation Rate,
https://www.fldoe.org/core/fileparse.php/7584/urlt/GradRates2122.pdf, (last visited Nov. 6, 2023). BILL: SB 7004 Page 10
Effect of Proposed Changes
The bill modifies s. 1003.4282, F.S., to eliminate the requirement that students must pass the
statewide, standardized grade 10 ELA assessment, or earn a concordant score, and pass the
statewide, standardized Algebra I EOC assessment, or earn a comparative score, in order to earn
a standard high school diploma. The bill does not remove the requirement for students to meet
the course requirements for the 24 credit diploma option, or for the EOC requirement to count as
30 percent of the final course grade. This change could lead to more students graduating, raising
Florida’s high school graduation rate, similar to the graduation rates when the DOE implemented
Florida Department of Education Emergency Orders No. 2020-EO-1 and No. 2021-EO-2
exempting students in the 2019-20 and 2020-21 graduation cohorts from the statewide
standardized assessment requirements.
The bill modifies s. 1003.435 to provide that students who are 16 and 17 years old may take the
assessment for a high school equivalency diploma, without an extraordinary exemption, provided
the student has parent permission.
Instructional Materials
Present Situation
Instructional Materials State Adoption Process
The Florida Department of Education (DOE) facilitates the statewide instructional materials
adoption process through evaluation of materials submitted by publishers and manufacturers.
47
Expert reviewers chosen by the DOE must objectively evaluate materials based on alignment to
Florida’s state-adopted standards, accuracy, and appropriateness for age and grade level.
48
Based
on reviewer recommendations of materials that are “suitable, usable, and desirable,” the
Commissioner of Education (commissioner) then selects and adopts instructional materials for
each grade and subject under consideration.
49
Currently, there is not a required timeline for DOE
to adopt or publish a list of adopted instructional materials, often leading to the overlapping of
the state-level adoption and district-level adoption of instructional materials. The DOE must
provide training to instructional materials reviewers on competencies for making valid, culturally
sensitive, and objective recommendations regarding the content and rigor of instructional
materials prior to the beginning of the review and selection process.
50
After adoption, the DOE must make the final report of instructional materials available at all
times for public inspection. The DOE Office of Instructional Materials announces the adoption
by publicly posting the list on its website, as well as emailing district instructional materials
contacts with the newly approved materials.
51
47
Section 1006.34(1), F.S.
48
Section 1006.31, F.S.
49
Section 1006.34(2)(a), F.S. Generally, the commissioner adopts instructional materials according to a 5-year rotating
schedule. The commissioner may approve a shorter schedule if the content area requires more frequent revision. Section
1006.36(1), F.S.
50
Section 1006.29(5), F.S.
51
Florida Department of Education, Instructional Materials, Archive,
https://www.fldoe.org/academics/standards/instructional-materials/archive/ (last visited Jan. 18, 2022). The DOE website has
all adopted instructional materials lists from 2005 to present. BILL: SB 7004 Page 11
Instructional Materials Purchase and Reporting
Each district school board has the constitutional duty and responsibility to select and provide
adequate instructional materials for all students.
52
Adequate instructional materials is defined as
a sufficient number of student or site licenses or set or materials that are available in bound,
unbound, kit or package form and may consist of textbooks, electronic content, consumables,
learning laboratories, manipulatives, electronic media and computer courseware or software that
serve as the basis for instruction for each student in the core subject areas.
53
The core subject
areas are mathematics, language arts, social studies, science, reading and literature. Each district
school board is required to purchase current instructional materials to provide for each student in
grades k-12 with a major tool of instruction for core courses. Purchases are required to be made
within the first three years after the effective date of the adoption cycle for materials adopted by
the state.
54
Each district school board or a consortium of school districts may implement an instructional
materials program that includes the review, recommendation, adoption, and purchase of
instruction materials.
55
Procedures for the adoption of instructional materials by school districts
or a consortium of school districts are specified in law.
56
The district school superintendent is required to certify to the DOE annually by March 31 that all
instructional materials for core courses used by the district are aligned to state standards.
57
In
addition, each district school superintendent is required to annually notify the DOE by April 1 of
the state adopted materials that will be requisitioned for use in the district. The notification
includes providing a plan for instructional materials use to verify that adequate instructional
materials were requisitioned.
58
Each school principal is charged with duties related to instructional materials including; proper
use of instructional materials, collections for lost or damaged materials, sale of materials,
disposition of funds collected for materials, accounting for materials, and selection of library
media center materials.
59
For lost, destroyed, or unnecessarily damaged materials, the school
principal is required to collect from each student or the student’s parent the purchase price of the
material. Failure to pay may subject the student to suspension of the student from participation in
extracurricular activities or satisfaction of the debt by the student through community service
activities at the school site as determined by the school principal, pursuant to district school
board policies.
60
Effect of Proposed Changes
The bill modifies ss. 1006.33 and 1006.34, F.S., to require the DOE to publish a list of state-
adopted materials prior to the start of the local district adoption process. Specifically, the bill
52
Section 1006.28(2), F.S.
53
Section 1006.28(1)(a)1., F.S.
54
Section 1006.40(3)(a), F.S.
55
Section 1006.283(1), F.S.
56
Section 1006.28(2), F.S.
57
Section 1006.283(1), F.S.
58
Section 1006.28(3)(b), F.S.
59
Section 1006.28(4), F.S.
60
Section 1006.28(4)(b), F.S. BILL: SB 7004 Page 12
requires the DOE, beginning in 2026, to solicit bids for instructional materials on or before
October 15 of any year, two years before any instructional materials adoption period. The bill
also requires the Commissioner of Education, beginning in the 2026 adoption cycle, to publish
the list of adopted instructional materials not later than July 31 of the year preceding the
beginning of the adoption period.
The bill modifies ss. 1006.28 and 1006.40, F.S., to remove and clarify requirements regarding
instructional materials for core subject areas in public schools. The bill clarifies that school
districts are not required to purchase materials for each student enrolled for core subject areas,
which authorizes that sharing of materials, if appropriate, is within the scope of the districts’
obligation to provide adequate instructional materials. District school boards are also authorized,
if deemed appropriate, to approve an exemption for certain core courses from the requirement
that the district purchase a major tool of instruction for each core course.
The bill also modifies several dates relating to instructional materials purchasing and reporting.
Specifically, the bill modifies:
Section 1006.283, F.S., to remove the March 1 date for the superintendent to certify
alignment of instructional materials to state standards, in favor of annual reporting
determined by the superintendent.
Section 1006.28, F.S., to remove the April 1 date for district school superintendents to report
the requisitioned state-adopted instructional materials, in favor of annual reporting.
Section 1006.40, F.S., to authorize the district school board to purchase instructional
materials for up to five years, rather than three, within the completion of the adoption cycle
of those materials.
Finally, the bill modifies s. 1006.28, F.S., to remove the requirement for a school principal to
collect monies for lost or damaged instructional materials and instead allows the principal to
recoup those cost when the principal deems it appropriate.
PreK-12 Assessment, School Improvement, and Accountability
Present Situation
Pre-K-12 Assessments
The Department of Education (DOE) is required to operate a statewide assessment program
designed to accurately measure the core curricula content of the state educational standards.
61
Participation in the assessment program is mandatory for all school districts and all students
attending public schools.
62
The statewide, standardized coordinated screening and progress monitoring system (system) is
used to measure student progress in public schools and in the Voluntary Prekindergarten (VPK)
program to identify the educational strengths and needs of students.
63
The system measures
student progress in meeting the appropriate expectations in early literacy and mathematics skills
61
Section 1008.22(3), F.S.
62
Id.
63
Section 1008.25(8)(a)1., F.S. BILL: SB 7004 Page 13
and in English Language Arts (ELA) and mathematics standards. For students in VPK through
grade 3, the system measures student performance in oral language development, phonological
and phonemic awareness, knowledge of print and letters, decoding, fluency, vocabulary, and
comprehension, as applicable by grade level. The system must be administered at least three
times in the school year and summer VPK programs.
64
Florida allows for an extraordinary exemption for a student with a disability to receive an
extraordinary exemption from an assessment if the Individual Education Plan (IEP) team
determines the student would be prevented from demonstrating mastery of skills that have been
acquired and are measured by a state-wide assessment or an alternate assessment.
65
The IEP
team, including the parent, may submit to the superintendent a written request for an
extraordinary exemption at any time during the school year but not later than 60 days prior to the
current year’s assessment administration.
66
By January of each year, the Commissioner of Education must publish on the DOE’s website a
uniform calendar that includes the assessment and reporting schedules for, at a minimum, the
next 2 school years. The uniform calendar must be provided to school districts in an electronic
format that allows each school district and public school to populate the calendar with, at
minimum, the following information for reporting the district assessment schedules must
include:
67
Whether the assessment is a district-required assessment or a state-required assessment.
The specific date or dates that each assessment will be administered, including
administrations of the coordinated screening and progress monitoring system.
The time allotted to administer each assessment.
Whether the assessment is a computer-based assessment or a paper-based assessment.
The grade level or subject area associated with the assessment.
The date that the assessment results are expected to be available to teachers and parents.
The type of assessment, the purpose of the assessment, and the use of the assessment results.
A glossary of assessment terminology.
Estimates of average time for administering state-required and district-required assessments,
by grade level.
School districts are required establish schedules for the administration of any statewide,
standardized assessments and district-required assessments and approve the schedules as an
agenda item at a district school board meeting. Each school district is required publish the testing
schedules on its website using the uniform calendar and submit the schedules to the DOE by
October 1 of each year, however the DOE is not required to post the assessment calendars on its
website. Each public school must publish schedules for statewide, standardized assessments and
district-required assessments on its website using the uniform calendar.
68
64
Section 1008.25(9)(b), F.S.
65
Section 1008.212(2), F.S.
66
Section 1008.212(3), F.S.
67
Section 1008.22(7)(b), F.S.
68
Section 1008.22(7)(d), F.S. BILL: SB 7004 Page 14
Student Assessment for Department of Juvenile Justice Programs
The State Board of Education (SBE) must adopt rules prescribing expectations for education
programs in Department of Juvenile Justice (DJJ) prevention, day treatment, residential, and
detention programs.
69
The rules include, but are not limited to, assessment procedures that
require:
A common assessment for students in DJJ prevention, residential, or day treatment programs
with a career assessment and academic assessment designed to benchmark student-level
learning gains in ELA and mathematics between entry and exit from a DJJ education
program.
70
A determination of areas of academic need and strategies for intervention and instruction for
students in a DJJ detention center.
The DOE, with school districts and juvenile justice education providers, selects an assessment
instrument to measure learning gains in English language arts and mathematics for a student is in
a juvenile justice education program.
71
Not only must students complete the common
assessment, but all students in DJJ programs must participate in the statewide, standardized
coordinated screening and progress monitoring system as well as assessments for high school
graduation.
72
SBE rules must also include an accountability system for educational programs by district school
boards in DJJ programs that fail to meet standards in law, rule, or policy. If the DJJ education
program does not meet minimum standards at the end of a three-year monitoring period the
school district must enter into a provider contract, or terminate an existing provider, as
applicable, within no more than six months.
73
School Grades
School grades are used to explain a school’s performance in a familiar, easy-to-understand
manner for parents and the public.
74
School grades are also used to determine whether a school
must select or implement a turnaround option
75
or whether a school is eligible for school
recognition funds as appropriated by the Legislature.
76
Elementary, middle and high schools each share a basic model for determining school grades,
based on the percentage of total points earned by a school for each component in the model.
Middle and high school models include additional components beyond the basic model.
77
Combination school models include the additional components for the grades served (e.g., a
school serving grades k-12 would include the additional components for the middle and high
school models).
69
Section 1003.51(2), F.S.
70
Section 1003.51(2)(g)1. See also Florida Department of Education, FAQs on the Common Assessment for DJJ Programs,
available at https://www.fldoe.org/schools/k-12-public-schools/school-improvement/faq.stml (last visited Nov. 6, 2023).
71
Section 1003.52(3)(d), F.S.
72
Rule 6A-6.05281, F.A.C.
73
Section 1003.51(2)(r), F.S. See also Rule 6A-1.099812, F.A.C.
74
Section 1008.34(1), F.S.
75
See s. 1008.33(4), F.S.
76
See s. 1008.36, F.S.
77
See s. 1008.34(3)(b), F.S.; rule 6A-1.09981(4)(a)-(c), F.A.C. BILL: SB 7004 Page 15
Each school must receive a school grade based on the school’s performance on the following
components:
78
The percentage of eligible students passing statewide, standardized assessments in ELA,
mathematics, science, and social studies.
The percentage of eligible students who make learning gains in ELA and mathematics as
measured by statewide, standardized assessments.
The percentage of eligible students in the lowest 25 percent in ELA and mathematics, as
identified by prior year performance on statewide, standardized assessments, who make
learning gains as measured by statewide, standardized ELA assessments.
For schools comprised of grade levels that include grade 3, the percentage of eligible
students who score an achievement level 3 or higher on the grade 3 statewide, standardized
ELA assessment.
For schools comprised of middle grades 6 through 8 or grades 7 and 8, the percentage of
eligible students passing high school level statewide, standardized end-of-course assessments
or attaining national industry certifications identified in the CAPE Industry Certification
Funding List pursuant to SBE rule.
For a school comprised of grades 9-12, or 10-12 the school’s grade is based on the following
components:
79
The 4-year high school graduation rate of the school.
The percentage of students who were eligible to earn college and career credit in a specified
acceleration mechanism, who earn a specified industry certification, or who participate in
Junior Reserve Officers’ Training Corps courses and earn a qualifying score on the Armed
Services Vocational Aptitude Battery.
The SBE must periodically review the school grading scale to determine if the scale should be
adjusted upward to meet raised expectations and encourage increased student performance. The
SBE must notify the public of any adjustments and explain the reasons for the adjustment and the
impact it will have on school grades.
80
School Improvement and Turnaround
Florida’s system of improving low-performing schools is referred to as “school improvement”
(SI). Under SI, the lowest-performing schools receive more comprehensive, state-provided
intervention and support than schools that are closer to meeting student achievement goals.
81
Intervention and support is required for traditional public schools earning a letter grade of “D,”
or “F.”
82
Upon receipt of its first grade of “D,” a school is considered a Tier I SI school in need
of support and intervention from the school district and the DOE.
83
Intensive intervention and
78
Section 1008.34(3)(b)1.a.-j., F.S.
79
Section 1008.34(3)(b)2., F.S.
80
Section 1008.34(3)(c)1., F.S.
81
Section 1008.33(2)(b) and (4), F.S.; see rule 6A-1.099811, F.A.C. School improvement requirements were originally
established under the 2002 reauthorization of ESEA, otherwise known as the No Child Left Behind (NCLB) Act of 2001.
Pub. L. No. 107-110, 115 Stat. 1425 (Jan. 8, 2002).
82
Section 1008.33(3)(b), F.S.
83
Rule 6A-1.099811(3)(a), F.A.C. BILL: SB 7004 Page 16
support strategies must be applied through turnaround plans to schools earning two consecutive
grades of “D” or a grade of “F.”
84
The DOE requires that a school that has been identified as an SI school must meet the following
educator staff requirements:
85
Provide a literacy coach who has a record of effectiveness as an English Language Arts
teacher or coach with a VAM rating of Highly Effective or Effective;
Provide a mathematics coach who has a record of effectiveness as a mathematics teacher or
coach with a VAM rating of Highly Effective or Effective;
Staff the SI school so that the percentage of instructional personnel with a VAM rating that is
below effective is less than the district average if the district has more than five (5) total
schools and less than the state average, if the district has five (5) or fewer schools;
Schools that earn two consecutive grades of “D” or a grade of “F” must also implement a
district-managed turnaround plan through which the school district manages the 2-year
turnaround plan at the school.
86
The school district must submit a district-managed turnaround
plan to the SBE for approval by October 1.
87
Once the district-managed turnaround plan is approved by the SBE, the school district must
implement the plan for the remainder of the year and continue implementation for the next full
school year. If the school’s grade does not improve to a “C” or higher after the second year, the
school must select from the following turnaround options:
88
Reassign students to another school and monitor the progress of each student.
Close the school and reopen as one or more charter schools with a governing board that has a
demonstrated record of effectiveness.
Contract with an external operator that has a demonstrated record of effectiveness to operate
the school.
The SBE may allow a school an additional year of implementation before the school must
implement a different turnaround option if it determines that the school is likely to improve to a
grade of “C” or higher after the first full school year of implementation.
89
Through section 1003 of Title I, the United States Department of Education administers three
grants specifically targeted to improving student performance at schools in need of
improvement:
90
Unified School Improvement Grant (UniSIG) grant – 2023-24 State Allocation of
$72,623,399. The UniSIG grant, approx. $72 million, is allocated to school districts to serve
84
Section 1008.33(4)(a), F.S.
85
Rule 6A-1.099811, F.A.C. VAM is a statistical model used for the purpose of determining an individual teacher’s
contribution to student learning growth, only educators teaching ELA and Math in Grades 4-10, Algebra 1 and Geometry
receive a VAM score.
86
Section 1008.33(4)(a), F.S.; Rule 6A-1.099811(6)(a)-(b), F.A.C.
87
Section 1008.33(4)(a), F.S.
88
Section 1008.33(4)(b)1.-3., F.S.; rule 6-A 1.099811(6)(b), F.A.C
89
Section 1008.33(4)(a), F.S.
90
Email, Florida Department of Education, Division of Public Schools, (Sept. 19, 2023). BILL: SB 7004 Page 17
traditional and charter Title I public schools implementing comprehensive support and
improvement activities to:
o Support goals and priorities identified in the school’s school improvement plan; and
o Provide adequate resources to substantially raise the achievement of students in the
lowest-performing schools.
UniSIG Supplemental Teacher and Administrator Allocation (STAA) - 2023-24 State
Allocation of $30,000,000. The UniSIG STAA grant allocates funding for districts to recruit
teachers, to schools identified as CSI, who have a rating of highly effective or effective
according to VAM. Educators who teach in grades K-3, ESE and ESOL certified teachers,
and science teachers are often not eligible for the STAA award because they do not earn a
VAM score.
UniSIG Closing Achievement Gaps Between Subgroups and All Students (CAGSS) 2023-24
State Allocation of $98,193,480. The UnSIG CAGSS support Local Educational Agencies
that are serving low-performing subgroups of students in schools implementing targeted and
comprehensive support and improvement activities.
Effect of Proposed Changes
Pre-K-12 Assessments
The bill modifies s. 1008.22, F.S., to eliminate the requirement of the uniform assessment
calendar and that school districts submit the district-wide assessment calendar to the DOE. The
bill requires that school districts to post an assessment calendar on their website and provide it in
the school district’s parent guide, which specifies whether an assessment is state-or district-
required and the grade-bands or subject area associated with the assessments by November 1.
However, the bill maintains the prohibition on school districts from scheduling more than 5
percent of a student’s total school hours in a school year to administer statewide, standardized
assessments; the coordinated screening and progress monitoring system and district-required
local assessments.
The bill modifies s. 1008.25, F.S, to specify that, because of the shorter timeframe of the summer
VPK program, the coordinated screening and progress monitoring system must be administered
only twice, at the beginning and end of the summer program.
The bill modifies s. 1008.212, F.S., to remove the specific requirement that a request for an
extraordinary exemption from an assessment on behalf of a student with disabilities be made 60
days prior to the current year’s assessment administration. The bill allows the district school
superintendent to establish deadlines for submission of a request for exemption. The provision
allows districts to manage the process and recognizes that the first assessment administration is
now within the first 30 days of the school year.
Student Assessment for Department of Juvenile Justice Programs
The bill modifies s. 1003.51, F.S., to remove the requirement for administration of the common
assessment for students in DJJ prevention, residential, or day treatment programs. Students will
be assessed on English language arts and mathematics using only the statewide, standardized
coordinated screening and progress monitoring system. This should reduce the assessment time
required of such students. BILL: SB 7004 Page 18
The bill also removes the requirement that SBE rule include a provision that district school
boards, for programs that still fail to meet standards, take action on a provider contract within six
months after a monitoring plan. This will provide greater flexibility to the SBE to determine
improvement measures for district school board education programs.
School Grades
The bill modifies s. 1008.34, F.S., to specify that if the SBE makes any changes to the school
grades model or scale that the changes may not go into effect until the following school year, at
the earliest.
School Improvement and Turnaround
The bill modifies s. 1008.33, F.S., to extend from 2 to 4 years the time for a school district to
implement a district-managed turnaround plan. The bill provides that a school exits district-
managed turnaround with two consecutive grades of “C,” or a grade of “A” or “B.” The bill
directs the DOE to adopt, in rule, a timeline for the approval of a district’s turnaround plan and a
timeline for the release of the UniSIG funding, which should not exceed 20 calendar days after
the school improvement plan has been approved by the DOE. The bill also prohibits the use of
VAM
91
as the sole determinate in recruiting instructional personnel to provide school districts
more flexibility in staffing schools who have been identified as a school in need of improvement.
Finally, the bill expands the school turnaround options by allowing school districts to select a
community partnership school
92
as a turnaround option.
Education Choice and Virtual Instruction Programs
Present Situation
Controlled Open Enrollment
Controlled open enrollment is a public education delivery system that allows school districts to
make student school assignments using parents’ indicated preferential educational choice as a
significant factor.
93
Each school district or charter school is required to allow a parent from any
school district in the state whose child is not subject to a current expulsion or suspension to
enroll his or her child in and transport his or her child to any public school, including charter
schools, that has not reached capacity in the district.
94
School districts and charter school are
required to make school capacity determinations for their schools, by grade level, every 12
weeks. The school capacity determinations must be made based specifications, plans, elements,
and commitments contained in the school district educational facilities plan and the long-term
work programs required under the school district educational facilities plan.
95
91
VAM is a statistical model used for the purpose of determining an individual teacher’s contribution to student learning
growth, only educators teaching ELA and Math in Grades 4-10, Algebra 1 and Geometry receive a VAM score.
92
A community partnership school is a school service model that utilizes a long-term partnership among a school district, a
community organization, a college or university, and a health care provider to establish, develop, and sustain a system for
addressing student, family, and community needs during and outside of the school day. Section 1003.64, F.S.
93
Section 1002.31 (1), F.S.
94
Section 1002.31 (2)(a), F.S.
95
Section 1002.31 (2)(b), F.S. BILL: SB 7004 Page 19
Accelerated options and Academically Challenging Curriculum (ACCEL)
Each Florida school is required to offer Academically Challenging Curriculum to Enhance
Learning (ACCEL) options.
96
At a minimum each school must offer ACCEL options that include
but are not limited to: whole grade and midyear promotion; subject matter acceleration; virtual
instruction in higher grade level subjects; and the Credit Acceleration Program. Parents may
request student participation in an ACCEL option, however, when the option is requested by the
parent a performance contract must be executed between the student, parent and principal with
specified criteria for participation.
97
Virtual Instruction Program
Virtual instruction programs are program of instruction provided in an interactive learning
environment created through technology in which students are separated from their teachers by
time or space, or both.
98
School districts are required to provide at least one option for part-time
and full-time virtual instruction for students residing within the school district.
99
School districts
must also provide parents with timely written notification of at least one open enrollment period
for full-time students of 90 days or more which ends 30 days before the first day of the school
year.
100
School district virtual instruction programs must meet the following requirements:
101
Align virtual course curriculum and course content to the state academic standards.
Offer instruction that is designed to enable a student to gain proficiency in each virtual
instruction course of study.
Provide each student enrolled in the virtual instruction program with all the necessary
instructional materials.
Provide each full-time student enrolled in the virtual instruction program who qualifies for
free or reduced-price school lunches under the National School Lunch Act, or who is on the
direct certification list, and who does not have a computer or Internet access in his or her
home with:
o All equipment necessary for participants in the virtual instruction program, including, but
not limited to, a computer, computer monitor, and printer, if a printer is necessary to
participate in the virtual instruction program; and
o Access to or reimbursement for all Internet services necessary for online delivery of
instruction.
Effect of Proposed Changes
Controlled Open Enrollment
The bill modifies s. 1002.32, F.S., to authorize district school boards to determine how to make
capacity determinations for controlled open enrollment and reduces required capacity
determinations from every 12 weeks to twice annually.
96
Section 1002.3105, F.S.
97
Section 1002.3105(4)(c), F.S.
98
Section 1002.45 (1)(a)3., F.S.
99
Section 1002.45(1)(b)1., F.S.
100
Id.
101
Section 1002.45(3), F.S. BILL: SB 7004 Page 20
Accelerated options and Academically Challenging Curriculum (ACCEL)
The bill modifies s. 1002.3105, F.S., to remove the requirement for a performance contract when
the request for an ACCEL option is made by the parent. This aligns to the flexibility offered a
principal for a school-initiated ACCEL program.
Virtual Instruction Program
The bill modifies s. 1002.45, F.S., to authorize school district virtual instruction programs to
determine the manner of timely notification to parents of enrollment options, and authorizes a
school district virtual program to provide equipment necessary for participation to all students,
not limited to those who meeting specified criteria.
Recess in Traditional Public Schools
Present Situation
Each district school board must provide 150 minutes of physical education each week for
students in kindergarten through grade 5 and for students in grade 6 who are enrolled in a school
that contains one or more elementary grades, so that on any day during which physical education
instruction is conducted there are at least 30 consecutive minutes per day.
102
In 2017
103
each district school board was also required to provide at least 100 minutes of
supervised, safe, and unstructured free-play recess each week for students in kindergarten
through grade 5 at traditional public schools. Such recess must involve at least 20 consecutive
minutes of free-play per day.
104
Effect of Proposed Changes
The bill modifies s. 1003.455, F.S., to provide scheduling flexibility to school districts by
removing the requirement that the 20 minutes of daily recess be unstructured and consecutive.
School District and Department of Education Required Reports
Present Situation
Fine Arts Report
The Commissioner of Education (commissioner) is required to prepare an annual report that
includes a description, based on annual reporting by schools, of student access to and
participation in fine arts courses, which are visual arts, music, dance, and theatre courses; the
number and certification status of educators providing instruction in the courses; educational
facilities designed and classroom space equipped for fine arts instruction; and the manner in
which schools are providing the core curricular content for fine arts established in the state
102
Section 1003.455(3), F.S. The equivalent of one class period per day of physical education for one semester of each year
is required for students in grades 6 through 8. Id.
103
Ch. 2017-116, Laws of Fla.
104
Section 1003.455(6), F.S. The required recess does not apply to charter schools. BILL: SB 7004 Page 21
academic standards. The report is be posted on the Department of Education’s (DOE’s) website
and updated annually through the Know Your Schools portal.
105
Charter Technical Career Centers Report
A charter technical career center is a public school or a public technical center operated under a
charter granted by a district school board or Florida College System (FCS) institution board of
trustees, or a consortium of districts and FCS institutions.
106
The commissioner must provide for an annual comparative evaluation of charter technical career
centers and public technical centers. By December 30 of each year, the commissioner must
submit to the Governor, the President of the Senate, the Speaker of the House of Representatives,
and the Senate and House committees that have responsibility for secondary and postsecondary
career and technical education a report of the comparative evaluation completed for the previous
school year.
107
There is only one charter technical center operating in Florida, Lake Technical
College.
108
Middle Grades Career and Professional Academy Courses and Career-themed Courses Report
Each district school board, in collaboration with local workforce development boards, economic
development agencies, and state-approved postsecondary institutions, are required to include
plans to implement a career and professional academy or a career-themed course in at least one
middle school in the district as part of the strategic 3-year plan.
109
The DOE is required to collect
and report student achievement data for students enrolled in an academy or a career-themed
course.
110
Academically High-Performing School District Report
A school district is an academically high-performing school district if it meets the following
criteria:
111
Earns a grade of “A” for 2 consecutive years; and has no district-operated school that earns a
grade of “F”;
Complies with all class size requirements in s. 1, Art. IX of the State Constitution; and
Has no material weaknesses or instances of material noncompliance noted in the annual
financial audit conducted.
After a school district is determined to be an academically high-performing school district is
required to submit to the State Board of Education and the Legislature an annual report on
December 1 which delineates the performance of the school district relative to the academic
105
Section 1003.4995, F.S.
106
Section 1002.34(3)(a), F.S.
107
Section 1002.34(19), F.S.
108
Florida Department of Education, A Comparison of State of Florida Charter Technical Career Centers to District Non-
Charter Career Centers, Program Year 2021-2022, available at
https://www.fldoe.org/core/fileparse.php/9904/urlt/charterreview22.pdf.
109
Section 1003.4935 (1), F.S.
110
Section 1003.4935 (3), F.S.
111
Section 1003.621(1), F.S. BILL: SB 7004 Page 22
performance of students at each grade level in reading, writing, mathematics, science, and any
other subject that is included as a part of the statewide assessment program.
112
Committee of Practitioners Pursuant to the Federal No Child Left Behind Act
The DOE is required to establish a committee of practitioners pursuant to federal requirements of
the No Child Left Behind Act of 2001. The committee members shall be appointed by the
commissioner and shall annually report to the Governor, the President of the Senate, and the
Speaker of the House of Representatives by January 1. The committee is required to meet
regularly and is authorized to review potential rules and policies that will be considered by the
State Board of Education.
113
Implementation of State System of School Improvement and Education Accountability
The commissioner is responsible for implementing and maintaining a system of intensive school
improvement and stringent education accountability, which must include policies and
programs.
114
The DOE must provide an annual feedback report that include the following:
115
For each school district:
o The percentage of students, by school and grade level, demonstrating learning growth in
English Language Arts and mathematics.
o The percentage of students, by school and grade level, in both the highest and lowest
quartiles demonstrating learning growth in English Language Arts and mathematics.
o The information contained in the school district’s annual report required to parents
116
that
include progress of the student achieving state and district proficiency.
Intervention and support strategies used by school districts whose students in both the highest
and lowest quartiles exceed the statewide average learning growth for students in those
quartiles.
Intervention and support strategies used by school districts whose schools provide
educational services to youth in Department of Juvenile Justice programs that demonstrate
learning growth in English Language Arts and mathematics that exceeds the statewide
average learning growth for students in those subjects.
Intervention and support strategies used by school districts that were effective in improving
the reading performance of students, as indicated by student performance data, who are
identified as having a substantial reading deficiency.
Effect of Proposed Changes
The bill repeals the following required reports:
Fine Arts Report.
The Charter Technical Center Report.
Middle Grades Career and Professional Academy Courses and Career-themed Courses
Report.
Academically High-Performing School District Report.
112
Section 1003.621(4), F.S.
113
Section 1008.332, F.S.
114
Section 1008.345, F.S.
115
Section 1008.345,(5), F.S.
116
Section 1008.25(10), F.S. BILL: SB 7004 Page 23
The Committee of Practitioners pursuant to the No Child Left Behind Act report. The bill
also updates references to the Every Student Succeeds Act.
The report on the Implementation of State Systems of School Improvement and Education
accountability.
All of the data used for these reports will still be available for the general public through the
DOE’s “Know Your Schools” website.
School District Programs
Present Situation
Competency Based Pilot Program
Beginning with the 2016-2017 school year, the Competency-Based Education Pilot Program was
created within the Department of Education (DOE) to be administered for a period of 7 years
(2022-23 school year). The purpose of the pilot program was to provide an educational
environment that allows students to advance to higher levels of learning upon the mastery of
concepts and skills through statutory exemptions relating to student progression and the
awarding of credits.
117
The program was open to the following school districts:
118
The P.K. Yonge Developmental Research School
Lake County School District
Palm Beach County School District
Pinellas County School District
Seminole County School District
The last year of the program was the 2022-23 school year.
Single-gender Programs
Florida allows that a district school board may establish and maintain a non-vocational class,
extracurricular activity, or school for elementary, middle, or high school students in which
enrollment is limited to a single gender if the school district also makes available a substantially
equal:
119
Single-gender class, extracurricular activity, or school to students of the other gender; and
Coeducational class, extracurricular activity, or school to all students.
Art in the Capitol Competition
The Art in the Capitol Competition is a statewide visual arts competition for students in grades 6
through 8, administered by the Department of Management Services and the DOE. Each school
district must annually hold an Art in the Capitol Competition for all public, private, and home
education students in grades 6 through 8.
120
117
Section 1003.4996, F.S.
118
Section 1003.4996(1), F.S.
119
Section 1002.311, F.S.
120
Section 1003.49965, F.S. BILL: SB 7004 Page 24
Effect of Proposed Changes
The bill repeals the competency-based pilot program in s. 1003.4996, F.S., and the state
authorization for single-gender programs in s. 1002.311, F.S. School districts may still offer
single-gender programs, if they align with the federal requirements in 34 C.F.R. s.106.34.
121
Finally, the bill modifies s. 1003.49965, F.S., to make optional school district participation in the
Art in the Capitol Competition.
The bill is effective July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
There are no increased costs anticipated for the state or for school districts. However,
school districts may realize a cost savings for programs no longer required or for
additional local authority to implement provisions in law.
121
34 C.F.R. s.106.34 provides federal provisions for education programs for students on the basis of their sex. BILL: SB 7004 Page 25
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 1000.05, 1002.31,
1002.3105, 1002.34, 1002.45, 1002.53, 1002.61, 1002.63, 1002.71, 1003.4282, 1003.433,
1003.435, 1003.455, 1003.4935, 1003.49965, 1003.51, 1003.621, 1006.28, 1006.283, 1006.33,
1006.34, 1006.40, 1008.212, 1008.22, 1008.25, 1008.33, 1008.332, 1008.34, and 1008.345.
This bill repeals the following sections of the Florida Statutes: 1002.311, 1003.4995, and
1003.4996.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.