Florida Senate - 2024 (Proposed Bill) SPB 7004
FOR CONSIDERATION By the Committee on Education Pre-K -12
581-00793A-24 20247004pb
1 A bill to be entitled
2 An act relating to deregulation of public
3 schools/assessment and accountability, instruction,
4 and education choice; amending s. 1002.31, F.S.;
5 revising how often a school district or charter school
6 must update its school capacity determination;
7 deleting a requirement relating to school capacity
8 determination by district school boards; amending s.
9 1002.3105, F.S.; deleting a requirement that a
10 performance contract be completed if a student
11 participates in an Academically Challenging Curriculum
12 to Enhance Learning option; providing that a
13 performance contract may be used at the discretion of
14 the principal; repealing s. 1002.311, F.S., relating
15 to single-gender programs; amending s. 1002.34, F.S.;
16 deleting a requirement for the Commissioner of
17 Education to provide for an annual comparative
18 evaluation of charter technical career centers and
19 public technical centers; amending s. 1002.45, F.S.;
20 deleting the requirement that a notification to
21 parents regarding virtual instruction be written;
22 providing construction; amending s. 1002.53, F.S.;
23 deleting a requirement for a school district to
24 provide for admission of certain students to a summer
25 prekindergarten program; amending s. 1002.61, F.S.;
26 authorizing, rather than requiring, a school district
27 to administer the Voluntary Prekindergarten Education
28 Program; providing that a student is eligible for
29 summer reading camp under certain conditions; amending
30 s. 1002.63, F.S.; deleting a requirement for an early
31 learning coalition to verify that certain public
32 schools comply with specified provisions; amending s.
33 1002.71, F.S.; deleting a requirement for school
34 district funding for certain programs; deleting a
35 requirement for district school board attendance
36 policies for Voluntary Prekindergarten Education
37 Programs; requiring a school district to certify its
38 attendance records for a Voluntary Prekindergarten
39 Education Program; amending s. 1003.4282, F.S.;
40 revising requirements for assessments needed for a
41 student to earn a high school diploma; deleting a
42 requirement for a student who transfers into a public
43 high school to take specified assessments; amending s.
44 1003.433, F.S.; deleting requirements that must be met
45 by students who transfer to a public school for 11th
46 or 12th grade; amending s. 1003.435, F.S.; deleting an
47 exception for the high school equivalency diploma
48 program; requiring school districts to adopt a policy
49 that allows specified students to take the high school
50 equivalency examination; amending s. 1003.455, F.S.;
51 making technical changes to physical education
52 requirements; amending s. 1003.4935, F.S.; deleting a
53 requirement that the Department of Education collect
54 and report certain data relating to a middle school
55 career and professional academy or career-themed
56 course; repealing s. 1003.4995, F.S., relating to the
57 fine arts report prepared by the Commissioner of
58 Education; repealing s. 1003.4996, F.S., relating to
59 the Competency-Based Education Pilot Program; amending
60 s. 1003.49965, F.S.; authorizing, rather than
61 requiring, a school district to hold an Art in the
62 Capitol Competition; amending s. 1003.51, F.S.;
63 deleting a requirement regarding assessment procedures
64 for Department of Juvenile Justice education programs;
65 revising requirements for which assessment results
66 must be included in a student’s discharge packet;
67 revising requirements for when a district school board
68 must face sanctions for unsatisfactory performance in
69 its Department of Juvenile Justice programs; amending
70 s. 1003.621, F.S.; deleting a requirement for
71 academically high-performing school districts to
72 submit an annual report to the State Board of
73 Education; amending s. 1006.28, F.S.; revising the
74 definition of the term “adequate instructional
75 materials”; deleting a timeframe requirement for each
76 district school superintendent to notify the
77 department about instructional materials; deleting a
78 requirement for such notification; authorizing, rather
79 than requiring, a school principal to collect the
80 purchase price of instructional materials lost,
81 destroyed, or damaged by a student; amending s.
82 1006.283, F.S.; deleting a timeframe requirement for a
83 district school superintendent to certify to the
84 Department of Education that instructional materials
85 meet state standards; amending s. 1006.33, F.S.;
86 requiring the Department of Education to advertise
87 bids or proposals for instructional materials within a
88 specified timeframe beginning in a specified
89 instructional materials adoption cycle; requiring the
90 department to publish specifications for subject areas
91 within a specified timeframe; amending s. 1006.34,
92 F.S.; requiring the commissioner to publish a list of
93 adopted instructional materials within a specified
94 timeframe beginning in a specified instructional
95 materials adoption cycle; amending s. 1006.40, F.S.;
96 authorizing district school boards to approve an
97 exemption to the purchase of certain instructional
98 materials; revising the timeframe between purchases of
99 instructional materials; amending s. 1008.212, F.S.;
100 revising deadline requirements for a certain written
101 request by an individualized education program team;
102 amending s. 1008.22, F.S.; deleting a requirement that
103 a student pass a certain assessment to earn a high
104 school diploma; deleting a requirement for the
105 commissioner to publish a calendar of assessment and
106 reporting schedules; revising a time requirement for
107 each school district to establish schedules for the
108 administration of statewide, standardized assessments;
109 revising the information that must be included with
110 the schedules; conforming provisions to changes made
111 by the act; deleting a requirement for the
112 commissioner to identify which SAT and ACT scores
113 would satisfy graduation requirements; deleting a
114 requirement for the commissioner to identify
115 comparative scores for the Algebra I end-of-course
116 assessment; amending s. 1008.25, F.S.; providing
117 conditions under which a student must be promoted to
118 grade 4; revising timeframe requirements for
119 administering the coordinated screening and progress
120 monitoring system; requiring two administrations of
121 the coordinated screening and progress monitoring
122 system for students in a summer prekindergarten
123 program; conforming a cross-reference; amending s.
124 1008.33, F.S.; prohibiting a school from being
125 required to use a certain parameter as the sole
126 determining factor to recruit instructional personnel;
127 providing requirements for a rule adopted by the State
128 Board of Education; revising the date by which a
129 school district must submit a memorandum of
130 understanding to the Department of Education;
131 increasing the length of time for which certain school
132 districts must continue a turnaround plan; revising an
133 authorization for the state board to allow a school
134 additional time before implementing a turnaround
135 option; revising requirements for schools that
136 complete a plan cycle; deleting a requirement for a
137 school to implement another turnaround option under
138 certain circumstances; amending s. 1008.332, F.S.;
139 revising a provision relating to the No Child Left
140 Behind Act to relate to the Every Student Succeeds
141 Act; deleting a requirement for committee members to
142 annually report to specified entities; amending s.
143 1008.34, F.S.; requiring that certain changes made by
144 the state board to the school grades model or school
145 grading scale go into effect in the following school
146 year or later; conforming cross-references; amending
147 s. 1008.345, F.S.; deleting a requirement for the
148 Department of Education to develop an annual feedback
149 report; deleting a requirement for the Commissioner of
150 Education to review specified feedback reports and
151 submit findings to the State Board of Education;
152 deleting certain requirements for a report the
153 commissioner produces annually for the state board;
154 conforming a cross reference; amending s. 1000.05,
155 F.S.; conforming cross-references; providing an
156 effective date.
157
158 Be It Enacted by the Legislature of the State of Florida:
159
160 Section 1. Paragraph (b) of subsection (2) of section
161 1002.31, Florida Statutes, is amended to read:
162 1002.31 Controlled open enrollment; public school parental
163 choice.—
164 (2)
165 (b) Each school district and charter school capacity
166 determinations for its schools, by grade level, must be updated
167 at least twice annually every 12 weeks and be identified on the
168 school district and charter school’s websites. In determining
169 the capacity of each district school, the district school board
170 shall incorporate the specifications, plans, elements, and
171 commitments contained in the school district educational
172 facilities plan and the long-term work programs required under
173 s. 1013.35. Each charter school governing board shall determine
174 capacity based upon its charter school contract. Each virtual
175 charter school and each school district with a contract with an
176 approved virtual instruction program provider shall determine
177 capacity based upon the enrollment requirements established
178 under s. 1002.45(1)(e)4.
179 Section 2. Paragraphs (c) and (d) of subsection (4) of
180 section 1002.3105, Florida Statutes, are amended to read:
181 1002.3105 Academically Challenging Curriculum to Enhance
182 Learning (ACCEL) options.—
183 (4) ACCEL REQUIREMENTS.—
184 (c) If a student participates in an ACCEL option pursuant
185 to the parental request under subparagraph (b)1., a performance
186 contract is not required but may be used at the discretion of
187 the principal must be executed by the student, the parent, and
188 the principal. At a minimum, the performance contract must
189 require compliance with:
190 1. Minimum student attendance requirements.
191 2. Minimum student conduct requirements.
192 3. ACCEL option requirements established by the principal,
193 which may include participation in extracurricular activities,
194 educational outings, field trips, interscholastic competitions,
195 and other activities related to the ACCEL option selected.
196 (d) If a principal initiates a student’s participation in
197 an ACCEL option, the student’s parent must be notified. A
198 performance contract, pursuant to paragraph (c), is not required
199 when a principal initiates participation but may be used at the
200 discretion of the principal.
201 Section 3. Section 1002.311, Florida Statutes, is repealed.
202 Section 4. Subsection (19) of section 1002.34, Florida
203 Statutes, is amended to read:
204 1002.34 Charter technical career centers.—
205 (19) EVALUATION; REPORT.—The Commissioner of Education
206 shall provide for an annual comparative evaluation of charter
207 technical career centers and public technical centers. The
208 evaluation may be conducted in cooperation with the sponsor,
209 through private contracts, or by department staff. At a minimum,
210 the comparative evaluation must address the demographic and
211 socioeconomic characteristics of the students served, the types
212 and costs of services provided, and the outcomes achieved. By
213 December 30 of each year, the Commissioner of Education shall
214 submit to the Governor, the President of the Senate, the Speaker
215 of the House of Representatives, and the Senate and House
216 committees that have responsibility for secondary and
217 postsecondary career and technical education a report of the
218 comparative evaluation completed for the previous school year.
219 Section 5. Paragraph (b) of subsection (1) and paragraph
220 (d) of subsection (3) of section 1002.45, Florida Statutes, are
221 amended to read:
222 1002.45 Virtual instruction programs.—
223 (1) PROGRAM.—
224 (b)1. Each school district shall provide at least one
225 option for part-time and full-time virtual instruction for
226 students residing within the school district. All school
227 districts must provide parents with timely written notification
228 of at least one open enrollment period for full-time students of
229 90 days or more which ends 30 days before the first day of the
230 school year. A school district virtual instruction program shall
231 consist of the following:
232 a. Full-time and part-time virtual instruction for students
233 enrolled in kindergarten through grade 12.
234 b. Full-time or part-time virtual instruction for students
235 enrolled in dropout prevention and academic intervention
236 programs under s. 1003.53, Department of Juvenile Justice
237 education programs under s. 1003.52, core-curricula courses to
238 meet class size requirements under s. 1003.03, or Florida
239 College System institutions under this section.
240 2. Each virtual instruction program established under
241 paragraph (c) by a school district either directly or through a
242 contract with an approved virtual instruction program provider
243 shall operate under its own Master School Identification Number
244 as prescribed by the department.
245 (3) VIRTUAL INSTRUCTION PROGRAM REQUIREMENTS.—Each virtual
246 instruction program under this section must:
247 (d) Provide each full-time student enrolled in the virtual
248 instruction program who qualifies for free or reduced-price
249 school lunches under the National School Lunch Act, or who is on
250 the direct certification list, and who does not have a computer
251 or Internet access in his or her home with:
252 1. All equipment necessary for participants in the virtual
253 instruction program, including, but not limited to, a computer,
254 computer monitor, and printer, if a printer is necessary to
255 participate in the virtual instruction program; and
256 2. Access to or reimbursement for all Internet services
257 necessary for online delivery of instruction.
258
259 This paragraph does not prohibit a school district virtual
260 instruction program from providing such equipment to any student
261 enrolled in a virtual instruction program.
262 Section 6. Paragraph (b) of subsection (6) of section
263 1002.53, Florida Statutes, is amended to read:
264 1002.53 Voluntary Prekindergarten Education Program;
265 eligibility and enrollment.—
266 (6)
267 (b) A parent may enroll his or her child with any public
268 school within the school district which is eligible to deliver
269 the Voluntary Prekindergarten Education Program under this part,
270 subject to available space. Each school district may limit the
271 number of students admitted by any public school for enrollment
272 in the school-year program; however, the school district must
273 provide for the admission of every eligible child within the
274 district whose parent enrolls the child in a summer
275 prekindergarten program delivered by a public school under s.
276 1002.61.
277 Section 7. Paragraph (a) of subsection (1) and paragraph
278 (a) of subsection (10) of section 1002.61, Florida Statutes, are
279 amended, and subsection (11) is added to that section, to read:
280 1002.61 Summer prekindergarten program delivered by public
281 schools and private prekindergarten providers.—
282 (1)(a) Each school district may shall administer the
283 Voluntary Prekindergarten Education Program at the district
284 level for students enrolled under s. 1002.53(3)(b) in a summer
285 prekindergarten program delivered by a public school.
286 (10)(a) Each early learning coalition shall verify that
287 each private prekindergarten provider and public school
288 delivering the Voluntary Prekindergarten Education Program
289 within the coalition’s county or multicounty region complies
290 with this part.
291 (11) A student who did not attend the school year Voluntary
292 Prekindergarten Education Program and lacks access to summer
293 prekindergarten in the county in which he or she resides is
294 eligible to enroll in the summer reading camp provided by the
295 district school board under s. 1008.25.
296 Section 8. Subsection (9) of section 1002.63, Florida
297 Statutes, is amended to read:
298 1002.63 School-year prekindergarten program delivered by
299 public schools.—
300 (9)(a) Each early learning coalition shall verify that each
301 public school delivering the Voluntary Prekindergarten Education
302 Program within the coalition’s service area complies with this
303 part.
304 (b) If a public school fails or refuses to comply with this
305 part or engages in misconduct, the department must shall require
306 that the school district to remove the school from eligibility
307 to deliver the Voluntary Prekindergarten Education Program and
308 receive state funds under this part for a period of at least 2
309 years but no more than 5 years.
310 Section 9. Paragraph (d) of subsection (3), paragraph (b)
311 of subsection (6), and subsection (7) of section 1002.71,
312 Florida Statutes, are amended to read:
313 1002.71 Funding; financial and attendance reporting.—
314 (3)
315 (d) For programs offered by school districts pursuant to s.
316 1002.61, each district’s funding shall be based on a student
317 enrollment that is evenly divisible by 12. If the result of
318 dividing a district’s student enrollment by 12 is not a whole
319 number, the district’s enrollment calculation shall be adjusted
320 by adding the minimum number of students to produce a student
321 enrollment calculation that is evenly divisible by 12.
322 (6)
323 (b)1. Each private prekindergarten provider’s and district
324 school board’s attendance policy must require the parent of each
325 student in the Voluntary Prekindergarten Education Program to
326 verify, each month, the student’s attendance on the prior
327 month’s certified student attendance.
328 2. The parent must submit the verification of the student’s
329 attendance to the private prekindergarten provider or public
330 school on forms prescribed by the department. The forms must
331 include, in addition to the verification of the student’s
332 attendance, a certification, in substantially the following
333 form, that the parent continues to choose the private
334 prekindergarten provider or public school in accordance with s.
335 1002.53 and directs that payments for the program be made to the
336 provider or school:
337
338 VERIFICATION OF STUDENT’S ATTENDANCE
339 AND CERTIFICATION OF PARENTAL CHOICE
340
341 I, ...(Name of Parent)..., swear (or affirm) that my child,
342 ...(Name of Student)..., attended the Voluntary Prekindergarten
343 Education Program on the days listed above and certify that I
344 continue to choose ...(Name of Provider or School)... to deliver
345 the program for my child and direct that program funds be paid
346 to the provider or school for my child.
347 ...(Signature of Parent)...
348 ...(Date)...
349
350 3. The private prekindergarten provider or public school
351 must keep each original signed form for at least 2 years. Each
352 private prekindergarten provider must permit the early learning
353 coalition, and each public school must permit the school
354 district, to inspect the original signed forms during normal
355 business hours. The department shall adopt procedures for early
356 learning coalitions and school districts to review the original
357 signed forms against the certified student attendance. The
358 review procedures must shall provide for the use of selective
359 inspection techniques, including, but not limited to, random
360 sampling. Each early learning coalition and the school districts
361 must comply with the review procedures.
362 (7) The department shall require that administrative
363 expenditures be kept to the minimum necessary for efficient and
364 effective administration of the Voluntary Prekindergarten
365 Education Program. Administrative policies and procedures must
366 shall be revised, to the maximum extent practicable, be revised
367 to incorporate the use of automation and electronic submission
368 of forms, including those required for child eligibility and
369 enrollment, provider and class registration, and monthly
370 certification of attendance for payment. A school district may
371 use its automated daily attendance reporting system for the
372 purpose of maintaining and transmitting attendance records to
373 the early learning coalition in a mutually agreed-upon format.
374 Each school district shall certify the correctness of attendance
375 data submitted to the single point of entry system described in
376 paragraph (5)(a) as required by the department. In addition,
377 actions must shall be taken to reduce paperwork, eliminate the
378 duplication of reports, and eliminate other duplicative
379 activities. Each early learning coalition may retain and expend
380 no more than 4.0 percent of the funds paid by the coalition to
381 private prekindergarten providers and public schools under
382 paragraph (5)(b). Funds retained by an early learning coalition
383 under this subsection may be used only for administering the
384 Voluntary Prekindergarten Education Program and may not be used
385 for the school readiness program or other programs.
386 Section 10. Paragraphs (a) and (b) of subsection (3),
387 paragraph (c) of subsection (5), and subsection (6) of section
388 1003.4282, Florida Statutes, are amended to read:
389 1003.4282 Requirements for a standard high school diploma.—
390 (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT
391 REQUIREMENTS.—
392 (a) Four credits in English Language Arts (ELA).—The four
393 credits must be in ELA I, II, III, and IV. A student must pass
394 the statewide, standardized grade 10 ELA assessment, or earn a
395 concordant score, in order to earn a standard high school
396 diploma.
397 (b) Four credits in mathematics.—
398 1. A student must earn one credit in Algebra I and one
399 credit in Geometry. A student’s performance on the statewide,
400 standardized Algebra I end-of-course (EOC) assessment
401 constitutes 30 percent of the student’s final course grade. A
402 student must pass the statewide, standardized Algebra I EOC
403 assessment, or earn a comparative score, in order to earn a
404 standard high school diploma. A student’s performance on the
405 statewide, standardized Geometry EOC assessment constitutes 30
406 percent of the student’s final course grade.
407 2. A student who earns an industry certification for which
408 there is a statewide college credit articulation agreement
409 approved by the State Board of Education may substitute the
410 certification for one mathematics credit. Substitution may occur
411 for up to two mathematics credits, except for Algebra I and
412 Geometry. A student may earn two mathematics credits by
413 successfully completing Algebra I through two full-year courses.
414 A certified school counselor or the principal’s designee shall
415 must advise the student that admission to a state university may
416 require the student to earn 3 additional mathematics credits
417 that are at least as rigorous as Algebra I.
418 3. A student who earns a computer science credit may
419 substitute the credit for up to one credit of the mathematics
420 requirement, with the exception of Algebra I and Geometry, if
421 the commissioner identifies the computer science credit as being
422 equivalent in rigor to the mathematics credit. An identified
423 computer science credit may not be used to substitute for both a
424 mathematics and a science credit. A student who earns an
425 industry certification in 3D rapid prototype printing may
426 satisfy up to two credits of the mathematics requirement, with
427 the exception of Algebra I, if the commissioner identifies the
428 certification as being equivalent in rigor to the mathematics
429 credit or credits.
430 (5) AWARD OF A STANDARD HIGH SCHOOL DIPLOMA.—
431 (c) A student who earns the required 24 credits, or the
432 required 18 credits under s. 1002.3105(5), but fails to pass the
433 assessments required under s. 1008.22(3) or achieve a 2.0 GPA
434 shall be awarded a certificate of completion in a form
435 prescribed by the State Board of Education. However, a student
436 who is otherwise entitled to a certificate of completion may
437 elect to remain in high school either as a full-time student or
438 a part-time student for up to 1 additional year and receive
439 special instruction designed to remedy his or her identified
440 deficiencies.
441 (6) UNIFORM TRANSFER OF HIGH SCHOOL CREDITS.—Beginning with
442 the 2012-2013 school year, if a student transfers to a Florida
443 public high school from out of country, out of state, a private
444 school, or a home education program and the student’s transcript
445 shows a credit in Algebra I, the student must pass the
446 statewide, standardized Algebra I EOC assessment in order to
447 earn a standard high school diploma unless the student earned a
448 comparative score, passed a statewide assessment in Algebra I
449 administered by the transferring entity, or passed the statewide
450 mathematics assessment the transferring entity uses to satisfy
451 the requirements of the Elementary and Secondary Education Act,
452 as amended by the Every Student Succeeds Act (ESSA), 20 U.S.C.
453 ss. 6301 et seq. If a student’s transcript shows a credit in
454 high school reading or English Language Arts II or III, in order
455 to earn a standard high school diploma, the student must take
456 and pass the statewide, standardized grade 10 ELA assessment, or
457 earn a concordant score. If a transfer student’s transcript
458 shows a final course grade and course credit in Algebra I,
459 Geometry, Biology I, or United States History, the transferring
460 course final grade and credit must shall be honored without the
461 student taking the requisite statewide, standardized EOC
462 assessment and without the assessment results constituting 30
463 percent of the student’s final course grade.
464 Section 11. Section 1003.433, Florida Statutes, is amended
465 to read:
466 1003.433 Learning opportunities for out-of-state and out
467 of-country transfer students and students needing additional
468 instruction to meet high school graduation requirements.—
469 (1) Students who enter a Florida public school at the 11th
470 or 12th grade from out of state or out of country may shall not
471 be required to spend additional time in a Florida public school
472 in order to meet the high school course requirements if the
473 student has met all requirements of the school district, state,
474 or country from which he or she is transferring. Such students
475 who are not proficient in English should receive immediate and
476 intensive instruction in English language acquisition. However,
477 to receive a standard high school diploma, a transfer student
478 must earn a 2.0 grade point average and meet the requirements
479 under s. 1008.22.
480 (2) Students who earn the required 24 credits for the
481 standard high school diploma except for passage of any must-pass
482 assessment under s. 1003.4282 or s. 1008.22 or an alternate
483 assessment by the end of grade 12 must be provided the following
484 learning opportunities:
485 (a) Participation in an accelerated high school equivalency
486 diploma preparation program during the summer.
487 (b) Upon receipt of a certificate of completion, be allowed
488 to take the College Placement Test and be admitted to
489 developmental education or credit courses at a Florida College
490 System institution, as appropriate.
491 (c) Participation in an adult general education program as
492 provided in s. 1004.93 for such time as the student requires to
493 master English, reading, mathematics, or any other subject
494 required for high school graduation. A student attending an
495 adult general education program shall have the opportunity to
496 take any must-pass assessment under s. 1003.4282 or s. 1008.22
497 an unlimited number of times in order to receive a standard high
498 school diploma.
499 (3) Students who have been enrolled in an ESOL program for
500 less than 2 school years and have met all requirements for the
501 standard high school diploma except for passage of any must-pass
502 assessment under s. 1003.4282 or s. 1008.22 or alternate
503 assessment may:
504 (a) Receive immersion English language instruction during
505 the summer following their senior year. Students receiving such
506 instruction are eligible to take the required assessment or
507 alternate assessment and receive a standard high school diploma
508 upon passage of the required assessment or alternate assessment.
509 This paragraph shall be implemented to the extent funding is
510 provided in the General Appropriations Act.
511 (b) Beginning with the 2022-2023 school year, meet the
512 requirement to pass the statewide, standardized grade 10 English
513 Language Arts assessment by satisfactorily demonstrating grade
514 level expectations on formative assessments, in accordance with
515 state board rule.
516 Section 12. Paragraph (a) of subsection (4) of section
517 1003.435, Florida Statutes, is amended to read:
518 1003.435 High school equivalency diploma program.—
519 (4)(a) A candidate for a high school equivalency diploma
520 must shall be at least 18 years of age on the date of the
521 examination, except that in extraordinary circumstances, as
522 provided for in rules of the district school board of the
523 district in which the candidate resides or attends school, a
524 candidate may take the examination after reaching the age of 16
525 with the written permission of her or her parent or guardian.
526 School districts shall adopt a policy to allow for such written
527 permission by a parent or guardian.
528 Section 13. Subsection (6) of section 1003.455, Florida
529 Statutes, is amended to read:
530 1003.455 Physical education; assessment.—
531 (6) In addition to the requirements in subsection (3), each
532 district school board shall provide at least 100 minutes of
533 supervised and, safe, and unstructured free-play recess each
534 week for students in kindergarten through grade 5 so that there
535 are at least 20 consecutive minutes of free-play recess per day.
536 This requirement does not apply to charter schools.
537 Section 14. Subsection (3) of section 1003.4935, Florida
538 Statutes, is amended to read:
539 1003.4935 Middle grades career and professional academy
540 courses and career-themed courses.—
541 (3) Beginning with the 2012-2013 school year, if a school
542 district implements a middle school career and professional
543 academy or a career-themed course, the Department of Education
544 shall collect and report student achievement data pursuant to
545 performance factors identified under s. 1003.492(3) for students
546 enrolled in an academy or a career-themed course.
547 Section 15. Section 1003.4995, Florida Statutes, is
548 repealed.
549 Section 16. Section 1003.4996, Florida Statutes, is
550 repealed.
551 Section 17. Subsection (2) of section 1003.49965, Florida
552 Statutes, is amended to read:
553 1003.49965 Art in the Capitol Competition.—
554 (2) A Each school district may shall annually hold an Art
555 in the Capitol Competition for all public, private, and home
556 education students in grades 6 through 8. Submissions must shall
557 be judged by a selection committee consisting of art teachers
558 whose students have not submitted artwork for consideration.
559 Section 18. Paragraphs (g) and (r) of subsection (2) of
560 section 1003.51, Florida Statutes, are amended to read:
561 1003.51 Other public educational services.—
562 (2) The State Board of Education shall adopt rules
563 articulating expectations for effective education programs for
564 students in Department of Juvenile Justice programs, including,
565 but not limited to, education programs in juvenile justice
566 prevention, day treatment, residential, and detention programs.
567 The rule shall establish policies and standards for education
568 programs for students in Department of Juvenile Justice programs
569 and shall include the following:
570 (g) Assessment procedures, which:
571 1. For prevention, day treatment, and residential programs,
572 include appropriate academic and career assessments administered
573 at program entry and exit that are selected by the Department of
574 Education in partnership with representatives from the
575 Department of Juvenile Justice, district school boards, and
576 education providers. Assessments must be completed within the
577 first 10 school days after a student’s entry into the program.
578 2. provide for determination of the areas of academic need
579 and strategies for appropriate intervention and instruction for
580 each student in a detention facility within 5 school days after
581 the student’s entry into the program and administer a research
582 based assessment that will assist the student in determining his
583 or her educational and career options and goals within 22 school
584 days after the student’s entry into the program.
585
586 The results of the these assessments required under this
587 paragraph and under s. 1003.52(3)(d), together with a portfolio
588 depicting the student’s academic and career accomplishments,
589 must shall be included in the discharge packet assembled for
590 each student.
591 (r) A series of graduated sanctions for district school
592 boards whose educational programs in Department of Juvenile
593 Justice programs are considered to be unsatisfactory and for
594 instances in which district school boards fail to meet standards
595 prescribed by law, rule, or State Board of Education policy.
596 These sanctions must shall include the option of requiring a
597 district school board to contract with a provider or another
598 district school board if the educational program at the
599 Department of Juvenile Justice program is performing below
600 minimum standards and, after 6 months, is still performing below
601 minimum standards.
602 Section 19. Subsection (4) of section 1003.621, Florida
603 Statutes, is amended to read:
604 1003.621 Academically high-performing school districts.—It
605 is the intent of the Legislature to recognize and reward school
606 districts that demonstrate the ability to consistently maintain
607 or improve their high-performing status. The purpose of this
608 section is to provide high-performing school districts with
609 flexibility in meeting the specific requirements in statute and
610 rules of the State Board of Education.
611 (4) REPORTS.—The academically high-performing school
612 district shall submit to the State Board of Education and the
613 Legislature an annual report on December 1 which delineates the
614 performance of the school district relative to the academic
615 performance of students at each grade level in reading, writing,
616 mathematics, science, and any other subject that is included as
617 a part of the statewide assessment program in s. 1008.22. The
618 annual report shall be submitted in a format prescribed by the
619 Department of Education and shall include:
620 (a) Longitudinal performance of students on statewide,
621 standardized assessments taken under s. 1008.22;
622 (b) Longitudinal performance of students by grade level and
623 subgroup on statewide, standardized assessments taken under s.
624 1008.22;
625 (c) Longitudinal performance regarding efforts to close the
626 achievement gap;
627 (d)1. Number and percentage of students who take an
628 Advanced Placement Examination; and
629 2. Longitudinal performance regarding students who take an
630 Advanced Placement Examination by demographic group,
631 specifically by age, gender, race, and Hispanic origin, and by
632 participation in the National School Lunch Program;
633 (e) Evidence of compliance with subsection (1); and
634 (f) A description of each waiver and the status of each
635 waiver.
636 Section 20. Paragraph (a) of subsection (1), paragraph (b)
637 of subsection (3), and paragraph (b) of subsection (4) of
638 section 1006.28, Florida Statutes, are amended to read:
639 1006.28 Duties of district school board, district school
640 superintendent; and school principal regarding K-12
641 instructional materials.—
642 (1) DEFINITIONS.—
643 (a) As used in this section, the term:
644 1. “Adequate instructional materials” means a sufficient
645 number of student or site licenses or sets of materials that are
646 available in bound, unbound, kit, or package form and may
647 consist of hardbacked or softbacked textbooks, electronic
648 content, consumables, learning laboratories, manipulatives,
649 electronic media, and computer courseware or software that serve
650 as the basis for instruction for each student in the core
651 subject areas of mathematics, language arts, social studies,
652 science, reading, and literature.
653 2. “Instructional materials” has the same meaning as in s.
654 1006.29(2).
655 3. “Library media center” means any collection of books,
656 ebooks, periodicals, or videos maintained and accessible on the
657 site of a school, including in classrooms.
658 (3) DISTRICT SCHOOL SUPERINTENDENT.—
659 (b) Each district school superintendent shall annually
660 notify the department by April 1 of each year the state-adopted
661 instructional materials that will be requisitioned for use in
662 his or her school district. The notification shall include a
663 district school board plan for instructional materials use to
664 assist in determining if adequate instructional materials have
665 been requisitioned.
666 (4) SCHOOL PRINCIPAL.—The school principal has the
667 following duties for the management and care of materials at the
668 school:
669 (b) Money collected for lost or damaged instructional
670 materials; enforcement.—The school principal may shall collect
671 from each student or the student’s parent the purchase price of
672 any instructional material the student has lost, destroyed, or
673 unnecessarily damaged and to report and transmit the money
674 collected to the district school superintendent. The failure to
675 collect such sum upon reasonable effort by the school principal
676 may result in the suspension of the student from participation
677 in extracurricular activities or satisfaction of the debt by the
678 student through community service activities at the school site
679 as determined by the school principal, pursuant to policies
680 adopted by district school board rule.
681 Section 21. Subsection (1) of section 1006.283, Florida
682 Statutes, is amended to read:
683 1006.283 District school board instructional materials
684 review process.—
685 (1) A district school board or consortium of school
686 districts may implement an instructional materials program that
687 includes the review, recommendation, adoption, and purchase of
688 instructional materials. The district school superintendent
689 shall annually certify to the department by March 31 of each
690 year that all instructional materials for core courses used by
691 the district are aligned with applicable state standards. A list
692 of the core instructional materials that will be used or
693 purchased for use by the school district shall be included in
694 the certification.
695 Section 22. Paragraph (a) of subsection (1) of section
696 1006.33, Florida Statutes, is amended to read:
697 1006.33 Bids or proposals; advertisement and its contents.—
698 (1)(a)1. Beginning on or before May 15 of any year in which
699 an instructional materials adoption is to be initiated, the
700 department shall advertise in the Florida Administrative
701 Register 4 weeks preceding the date on which the bids shall be
702 received, that at a certain designated time, not later than June
703 15, sealed bids or proposals to be deposited with the department
704 will be received from publishers or manufacturers for the
705 furnishing of instructional materials proposed to be adopted as
706 listed in the advertisement beginning April 1 following the
707 adoption.
708 2. Beginning with the 2026 instructional materials adoption
709 cycle, on or before October 15 of any year and 2 years before
710 any instructional materials adoption period, the department
711 shall advertise in the Florida Administrative Register 4 weeks
712 preceding the date on which the bids must be received that at a
713 certain designated time not later than November 15, sealed bids
714 or proposals to be deposited with the department will be
715 received from publishers or manufacturers for the furnishing of
716 instructional materials proposed to be adopted as listed in the
717 advertisement beginning April 1 following the adoption. The
718 department shall publish its specifications for each subject for
719 which instructional materials are to be adopted a minimum of 180
720 days before the date on which it will place such advertisement.
721 Section 23. Paragraph (a) of subsection (2) of section
722 1006.34, Florida Statutes, is amended to read:
723 1006.34 Powers and duties of the commissioner and the
724 department in selecting and adopting instructional materials.—
725 (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.—
726 (a) The department shall notify all publishers and
727 manufacturers of instructional materials who have submitted bids
728 that within 3 weeks after the deadline for receiving bids, at a
729 designated time and place, it will open the bids submitted and
730 deposited with it. At the time and place designated, the bids
731 must shall be opened, read, and tabulated in the presence of the
732 bidders or their representatives. No one may revise his or her
733 bid after the bids have been filed. When all bids have been
734 carefully considered, the commissioner shall, from the list of
735 suitable, usable, and desirable instructional materials reported
736 by the state instructional materials reviewers, select and adopt
737 instructional materials for each grade and subject field in the
738 curriculum of public elementary, middle, and high schools in
739 which adoptions are made and in the subject areas designated in
740 the advertisement. Beginning with the 2026 instructional
741 materials adoption cycle, the commissioner shall publish the
742 list of adopted instructional materials not later than July 31
743 of the year preceding the beginning of the adoption period. The
744 adoption must shall continue for the period specified in the
745 advertisement, beginning on the ensuing April 1. The adoption
746 may shall not prevent the extension of a contract as provided in
747 subsection (3). The commissioner shall always reserve the right
748 to reject any and all bids. The commissioner may ask for new
749 sealed bids from publishers or manufacturers whose instructional
750 materials were recommended by the state instructional materials
751 reviewers as suitable, usable, and desirable; specify the dates
752 for filing such bids and the date on which they must shall be
753 opened; and proceed in all matters regarding the opening of bids
754 and the awarding of contracts as required by this part. In all
755 cases, bids must shall be accompanied by a cash deposit or
756 certified check of from $500 to $2,500, as the department may
757 direct. The department shall, in adopting instructional
758 materials, shall give due consideration both to the prices bid
759 for furnishing instructional materials and to the report and
760 recommendations of the state instructional materials reviewers.
761 When the commissioner has finished with the report of the state
762 instructional materials reviewers, the report must shall be
763 filed and preserved with the department and must shall be
764 available at all times for public inspection.
765 Section 24. Subsection (2) of section 1006.40, Florida
766 Statutes, is amended to read:
767 1006.40 Purchase of instructional materials.—
768 (2) Each district school board must purchase current
769 instructional materials to provide students each student in
770 kindergarten through grade 12 with a major tool of instruction
771 in core courses of the subject areas of mathematics, language
772 arts, science, social studies, reading, and literature. If
773 deemed appropriate by the district school board, it may approve
774 an exemption to such purchase for certain courses. Such purchase
775 must be made within the first 5 3 years after the effective date
776 of the adoption cycle unless a district school board or a
777 consortium of school districts has implemented an instructional
778 materials program pursuant to s. 1006.283.
779 Section 25. Subsection (3) of section 1008.212, Florida
780 Statutes, is amended to read:
781 1008.212 Students with disabilities; extraordinary
782 exemption.—
783 (3) The IEP team, which must include the parent, may submit
784 to the district school superintendent a written request for an
785 extraordinary exemption at any time during the school year,
786 subject to deadlines established by the district school
787 superintendent but not later than 60 days before the current
788 year’s assessment administration for which the request is made.
789 A request must include all of the following:
790 (a) A written description of the student’s disabilities,
791 including a specific description of the student’s impaired
792 sensory, manual, or speaking skills.
793 (b) Written documentation of the most recent evaluation
794 data.
795 (c) Written documentation, if available, of the most recent
796 administration of the statewide standardized assessment, an end
797 of-course assessment, or an alternate assessment.
798 (d) A written description of the condition’s effect on the
799 student’s participation in the statewide standardized
800 assessment, an end-of-course assessment, or an alternate
801 assessment.
802 (e) Written evidence that the student has had the
803 opportunity to learn the skills being tested.
804 (f) Written evidence that the student has been provided
805 appropriate instructional accommodations.
806 (g) Written evidence as to whether the student has had the
807 opportunity to be assessed using the instructional
808 accommodations on the student’s IEP which are allowable in the
809 administration of the statewide standardized assessment, an end
810 of-course assessment, or an alternate assessment in prior
811 assessments.
812 (h) Written evidence of the circumstance or condition as
813 defined in subsection (1).
814 Section 26. Paragraphs (a) and (d) of subsection (3),
815 paragraphs (b), (d), (e), and (h) of subsection (7), and
816 subsections (9) and (10) of section 1008.22, Florida Statutes,
817 are amended to read:
818 1008.22 Student assessment program for public schools.—
819 (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
820 Commissioner of Education shall design and implement a
821 statewide, standardized assessment program aligned to the core
822 curricular content established in the state academic standards.
823 The commissioner also must develop or select and implement a
824 common battery of assessment tools that will be used in all
825 juvenile justice education programs in the state. These tools
826 must accurately measure the core curricular content established
827 in the state academic standards. Participation in the assessment
828 program is mandatory for all school districts and all students
829 attending public schools, including adult students seeking a
830 standard high school diploma under s. 1003.4282 and students in
831 Department of Juvenile Justice education programs, except as
832 otherwise provided by law. If a student does not participate in
833 the assessment program, the school district must notify the
834 student’s parent and provide the parent with information
835 regarding the implications of such nonparticipation. The
836 statewide, standardized assessment program shall be designed and
837 implemented as follows:
838 (a) Statewide, standardized comprehensive assessments.—
839 1. The statewide, standardized English Language Arts (ELA)
840 assessments shall be administered to students in grades 3
841 through 10. Retake opportunities for the grade 10 ELA assessment
842 must be provided. Reading passages and writing prompts for ELA
843 assessments shall incorporate grade-level core curricula content
844 from social studies. The statewide, standardized Mathematics
845 assessments shall be administered annually in grades 3 through
846 8. The statewide, standardized Science assessment shall be
847 administered annually at least once at the elementary and middle
848 grades levels. In order to earn a standard high school diploma,
849 a student who has not earned a passing score on the grade 10 ELA
850 assessment must earn a passing score on the assessment retake or
851 earn a concordant score as authorized under subsection (9).
852 2. Beginning with the 2022-2023 school year, the end-of
853 year comprehensive progress monitoring assessment administered
854 pursuant to s. 1008.25(9)(b)2. is the statewide, standardized
855 ELA assessment for students in grades 3 through 10 and the
856 statewide, standardized Mathematics assessment for students in
857 grades 3 through 8.
858 (d) Students with disabilities; Florida Alternate
859 Assessment.—
860 1. Each district school board must provide instruction to
861 prepare students with disabilities in the core content knowledge
862 and skills necessary for successful grade-to-grade progression
863 and high school graduation.
864 2. A student with a disability, as defined in s. 1007.02,
865 for whom the individual education plan (IEP) team determines
866 that the statewide, standardized assessments under this section
867 cannot accurately measure the student’s abilities, taking into
868 consideration all allowable accommodations, shall have
869 assessment results waived for the purpose of receiving a course
870 grade and a standard high school diploma. Such waiver shall be
871 designated on the student’s transcript. The statement of waiver
872 shall be limited to a statement that performance on an
873 assessment was waived for the purpose of receiving a course
874 grade or a standard high school diploma, as applicable.
875 3. The State Board of Education shall adopt rules, based
876 upon recommendations of the commissioner, for the provision of
877 assessment accommodations for students with disabilities and for
878 students who have limited English proficiency.
879 a. Accommodations that negate the validity of a statewide,
880 standardized assessment are not allowed during the
881 administration of the assessment. However, instructional
882 accommodations are allowed in the classroom if identified in a
883 student’s IEP. Students using instructional accommodations in
884 the classroom that are not allowed on a statewide, standardized
885 assessment may have assessment results waived if the IEP team
886 determines that the assessment cannot accurately measure the
887 student’s abilities.
888 b. If a student is provided with instructional
889 accommodations in the classroom that are not allowed as
890 accommodations for statewide, standardized assessments, the
891 district must inform the parent in writing and provide the
892 parent with information regarding the impact on the student’s
893 ability to meet expected performance levels. A parent must
894 provide signed consent for a student to receive classroom
895 instructional accommodations that would not be available or
896 permitted on a statewide, standardized assessment and
897 acknowledge in writing that he or she understands the
898 implications of such instructional accommodations.
899 c. If a student’s IEP states that online administration of
900 a statewide, standardized assessment will significantly impair
901 the student’s ability to perform, the assessment must shall be
902 administered in hard copy.
903 4. For students with significant cognitive disabilities,
904 the Department of Education shall provide for implementation of
905 the Florida Alternate Assessment to accurately measure the core
906 curricular content established in the state academic standards.
907 (7) ASSESSMENT SCHEDULES AND REPORTING OF RESULTS.—
908 (b) By January of each year, the commissioner shall publish
909 on the department’s website a uniform calendar that includes the
910 assessment and reporting schedules for, at a minimum, the next 2
911 school years. The uniform calendar must be provided to school
912 districts in an electronic format that allows each school
913 district and public school to populate the calendar with, at
914 minimum, the following information for reporting the district
915 assessment schedules under paragraph (d):
916 1. Whether the assessment is a district-required assessment
917 or a state-required assessment.
918 2. The specific date or dates that each assessment will be
919 administered, including administrations of the coordinated
920 screening and progress monitoring system under s. 1008.25(9)(b).
921 3. The time allotted to administer each assessment.
922 4. Whether the assessment is a computer-based assessment or
923 a paper-based assessment.
924 5. The grade level or subject area associated with the
925 assessment.
926 6. The date that the assessment results are expected to be
927 available to teachers and parents.
928 7. The type of assessment, the purpose of the assessment,
929 and the use of the assessment results.
930 8. A glossary of assessment terminology.
931 9. Estimates of average time for administering state
932 required and district-required assessments, by grade level.
933 (c)(d) Each school district shall, by November 1 of each
934 year, establish schedules for the administration of any
935 statewide, standardized assessments and district-required
936 assessments and approve the schedules as an agenda item at a
937 district school board meeting. Each school district shall
938 publish the testing schedules on its website which specify
939 whether an assessment is a state-required or district-required
940 assessment and the grade bands or subject area associated with
941 the assessments using the uniform calendar, including all
942 information required under paragraph (b), and submit the
943 schedules to the Department of Education by October 1 of each
944 year. Each public school shall publish schedules for statewide,
945 standardized assessments and district-required assessments on
946 its website using the uniform calendar, including all
947 information required under paragraph (b). The school board
948 approved assessment uniform calendar must be included in the
949 parent guide required by s. 1002.23(5).
950 (d)(e) A school district may not schedule more than 5
951 percent of a student’s total school hours in a school year to
952 administer statewide, standardized assessments; the coordinated
953 screening and progress monitoring system under s. s.
954 1008.25(9)(b)2.; and district-required local assessments. The
955 district shall must secure written consent from a student’s
956 parent before administering district-required local assessments
957 that, after applicable statewide, standardized assessments and
958 coordinated screening and progress monitoring are scheduled,
959 exceed the 5 percent test administration limit for that student
960 under this paragraph. The 5 percent test administration limit
961 for a student under this paragraph may be exceeded as needed to
962 provide test accommodations that are required by an IEP or are
963 appropriate for an English language learner who is currently
964 receiving services in a program operated in accordance with an
965 approved English language learner district plan pursuant to s.
966 1003.56. Notwithstanding this paragraph, a student may choose
967 within a school year to take an examination or assessment
968 adopted by State Board of Education rule pursuant to this
969 section and ss. 1007.27, 1008.30, and 1008.44.
970 (g)(h) The results of statewide, standardized assessment in
971 ELA and mathematics, science, and social studies, including
972 assessment retakes, must shall be reported in an easy-to-read
973 and understandable format and delivered in time to provide
974 useful, actionable information to students, parents, and each
975 student’s current teacher of record and teacher of record for
976 the subsequent school year; however, in any case, the district
977 shall provide the results pursuant to this paragraph within 1
978 week after receiving the results from the department. A report
979 of student assessment results must, at a minimum, contain:
980 1. A clear explanation of the student’s performance on the
981 applicable statewide, standardized assessments.
982 2. Information identifying the student’s areas of strength
983 and areas in need of improvement.
984 3. Specific actions that may be taken, and the available
985 resources that may be used, by the student’s parent to assist
986 his or her child based on the student’s areas of strength and
987 areas in need of improvement.
988 4. Longitudinal information, if available, on the student’s
989 progress in each subject area based on previous statewide,
990 standardized assessment data.
991 5. Comparative information showing the student’s score
992 compared to other students in the school district, in the state,
993 or, if available, in other states.
994 6. Predictive information, if available, showing the
995 linkage between the scores attained by the student on the
996 statewide, standardized assessments and the scores he or she may
997 potentially attain on nationally recognized college entrance
998 examinations.
999
1000 The information included under this paragraph relating to
1001 results from the statewide, standardized ELA assessments for
1002 grades 3 through 10 and Mathematics assessments for grades 3
1003 through 8 must be included in individual student reports under
1004 s. 1008.25(9)(c).
1005 (9) CONCORDANT SCORES.—The Commissioner of Education must
1006 identify scores on the SAT and ACT that if achieved satisfy the
1007 graduation requirement that a student pass the grade 10 ELA
1008 assessment. The commissioner may identify concordant scores on
1009 assessments other than the SAT and ACT. If the content or
1010 scoring procedures change for the grade 10 ELA assessment, new
1011 concordant scores must be determined. If new concordant scores
1012 are not timely adopted, the last-adopted concordant scores
1013 remain in effect until such time as new scores are adopted. The
1014 state board shall adopt concordant scores in rule.
1015 (10) COMPARATIVE SCORES FOR END-OF-COURSE (EOC)
1016 ASSESSMENT.—The Commissioner of Education must identify one or
1017 more comparative scores for the Algebra I EOC assessment. If the
1018 content or scoring procedures change for the EOC assessment, new
1019 comparative scores must be determined. If new comparative scores
1020 are not timely adopted, the last-adopted comparative scores
1021 remain in effect until such time as new scores are adopted. The
1022 state board shall adopt comparative scores in rule.
1023 Section 27. Paragraph (c) of subsection (5), paragraphs (b)
1024 and (c) of subsections (7), and subsection (9) of section
1025 1008.25, Florida Statutes, are amended, to read:
1026 1008.25 Public school student progression; student support;
1027 coordinated screening and progress monitoring; reporting
1028 requirements.—
1029 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
1030 (c) To be promoted to grade 4, a student must score a Level
1031 2 or higher on the statewide, standardized English Language Arts
1032 assessment required under s. 1008.22 for grade 3. If a student’s
1033 reading deficiency is not remedied by the end of grade 3, as
1034 demonstrated by scoring Level 2 or higher on the statewide,
1035 standardized assessment required under s. 1008.22 for grade 3,
1036 the student must be retained unless the parent determines
1037 retention is not in the best interest of the student and
1038 approves a good cause exemption pursuant to paragraph (7)(b).
1039 (7) ELIMINATION OF SOCIAL PROMOTION.—
1040 (b) The district school board may only exempt students from
1041 mandatory retention, as provided in paragraph (5)(c), for good
1042 cause. A student who is promoted to grade 4 with a good cause
1043 exemption shall be provided intensive reading instruction and
1044 intervention that include specialized diagnostic information and
1045 specific reading strategies to meet the needs of each student so
1046 promoted. The school district shall assist schools and teachers
1047 with the implementation of explicit, systematic, and
1048 multisensory reading instruction and intervention strategies for
1049 students promoted with a good cause exemption which research has
1050 shown to be successful in improving reading among students who
1051 have reading difficulties. Good cause exemptions are limited to
1052 the following:
1053 1. Limited English proficient students who have had less
1054 than 2 years of instruction in an English for Speakers of Other
1055 Languages program based on the initial date of entry into a
1056 school in the United States.
1057 2. Students with disabilities whose individual education
1058 plan indicates that participation in the statewide assessment
1059 program is not appropriate, consistent with the requirements of
1060 s. 1008.212.
1061 3. Students who demonstrate an acceptable level of
1062 performance on an alternative standardized reading or English
1063 Language Arts assessment approved by the State Board of
1064 Education.
1065 4. A student who demonstrates through a student portfolio
1066 that he or she is performing at least at Level 2 on the
1067 statewide, standardized English Language Arts assessment.
1068 5. Students with disabilities who take the statewide,
1069 standardized English Language Arts assessment and who have an
1070 individual education plan or a Section 504 plan that reflects
1071 that the student has received intensive instruction in reading
1072 or English Language Arts for more than 2 years but still
1073 demonstrates a deficiency and was previously retained in
1074 prekindergarten, kindergarten, grade 1, grade 2, or grade 3.
1075 6. Students who have received intensive reading
1076 intervention for 2 or more years but still demonstrate a
1077 deficiency in reading and who were previously retained in
1078 kindergarten, grade 1, grade 2, or grade 3 for a total of 2
1079 years. A student may not be retained more than once in grade 3.
1080 7. A student must be promoted to grade 4 if the parent
1081 determines promotion is in the best interest of the student. The
1082 parent and the school must develop a student intervention plan.
1083 The intervention plan must be approved by the parent and may
1084 include, but is not limited to, interventions and supports under
1085 paragraph (5)(e) and subsection (8).
1086 (c) Requests for good cause exemptions for students from
1087 the mandatory retention requirement as described in
1088 subparagraphs (b)3. and 4. shall be made consistent with the
1089 following:
1090 1. Documentation shall be submitted from the student’s
1091 teacher to the school principal that indicates that the
1092 promotion of the student is appropriate and is based upon the
1093 student’s academic record. In order to minimize paperwork
1094 requirements, such documentation shall consist only of the
1095 existing progress monitoring plan, individual educational plan,
1096 if applicable, report card, or student portfolio.
1097 2. The school principal shall review and discuss such
1098 recommendation with the teacher and make the determination as to
1099 whether the student should be promoted or retained, subject to a
1100 parent’s permission pursuant to subparagraph (b)7. If the school
1101 principal determines that the student should be promoted, the
1102 school principal shall make such recommendation in writing to
1103 the district school superintendent. The district school
1104 superintendent shall accept or reject the school principal’s
1105 recommendation in writing.
1106 (9) COORDINATED SCREENING AND PROGRESS MONITORING SYSTEM.—
1107 (a) The Department of Education, in collaboration with the
1108 Office of Early Learning, shall procure and require the use of a
1109 statewide, standardized coordinated screening and progress
1110 monitoring system for the Voluntary Prekindergarten Education
1111 Program and public schools. The system must:
1112 1. Measure student progress in meeting the appropriate
1113 expectations in early literacy and mathematics skills and in
1114 English Language Arts and mathematics standards as required by
1115 ss. 1002.67(1)(a) and 1003.41 and identify the educational
1116 strengths and needs of students.
1117 2. For students in the Voluntary Prekindergarten Education
1118 Program through grade 3, measure student performance in oral
1119 language development, phonological and phonemic awareness,
1120 knowledge of print and letters, decoding, fluency, vocabulary,
1121 and comprehension, as applicable by grade level, and, at a
1122 minimum, provide interval level and norm-referenced data that
1123 measures equivalent levels of growth.
1124 3. Be a valid, reliable, and developmentally appropriate
1125 computer-based direct instrument that provides screening and
1126 diagnostic capabilities for monitoring student progress;
1127 identifies students who have a substantial deficiency in reading
1128 or mathematics, including identifying students with
1129 characteristics of dyslexia, dyscalculia, and other learning
1130 disorders; and informs instruction. Any student identified by
1131 the system as having characteristics of dyslexia or dyscalculia
1132 shall undergo further screening. Beginning with the 2023-2024
1133 school year, the coordinated screening and progress monitoring
1134 system must be computer-adaptive.
1135 4. Provide data for Voluntary Prekindergarten Education
1136 Program accountability as required under s. 1002.68.
1137 5. Provide Voluntary Prekindergarten Education Program
1138 providers, school districts, schools, teachers, and parents with
1139 data and resources that enhance differentiated instruction and
1140 parent communication.
1141 6. Provide baseline data to the department of each
1142 student’s readiness for kindergarten. The determination of
1143 kindergarten readiness must be based on the results of each
1144 student’s initial progress monitoring assessment in
1145 kindergarten. The methodology for determining a student’s
1146 readiness for kindergarten must be developed by the department
1147 and aligned to the methodology adopted pursuant to s.
1148 1002.68(4).
1149 7. Assess how well educational goals and curricular
1150 standards are met at the provider, school, district, and state
1151 levels and provide information to the department to aid in the
1152 development of educational programs, policies, and supports for
1153 providers, districts, and schools.
1154 (b) Beginning with the 2022-2023 school year, private
1155 Voluntary Prekindergarten Education Program providers and public
1156 schools must participate in the coordinated screening and
1157 progress monitoring system pursuant to this paragraph.
1158 1. For students in the Voluntary Prekindergarten Education
1159 Program through grade 2, the coordinated screening and progress
1160 monitoring system must be administered at least three times
1161 within a program year or school year, as applicable, with the
1162 first administration occurring no later than the first 10 30
1163 instructional days after a student’s enrollment or the start of
1164 the program year or school year, the second administration
1165 occurring midyear, and the third administration occurring within
1166 the last 10 30 days of the program or school year pursuant to
1167 state board rule. The state board may adopt alternate timeframes
1168 to address nontraditional school year calendars or summer
1169 programs to ensure the coordinated screening and progress
1170 monitoring program is administered a minimum of three times
1171 within a year or program.
1172 2. For students in the summer prekindergarten program, the
1173 coordinated screening and progress monitoring system must be
1174 administered two times, with the first administration occurring
1175 no later than the first 10 instructional days after a student’s
1176 enrollment or the start of the summer prekindergarten program,
1177 and the second administration occurring within the last 10 days
1178 of the summer prekindergarten program pursuant to state board
1179 rule.
1180 3. For grades 3 through 10 English Language Arts and grades
1181 3 through 8 Mathematics, the coordinated screening and progress
1182 monitoring system must be administered at the beginning, middle,
1183 and end of the school year pursuant to state board rule. The
1184 end-of-year administration of the coordinated screening and
1185 progress monitoring system must be a comprehensive progress
1186 monitoring assessment administered in accordance with the
1187 scheduling requirements under s. 1008.22(7) s. 1008.22(7)(c).
1188 (c) To facilitate timely interventions and supports
1189 pursuant to subsection (4), the system must provide results from
1190 the first two administrations of the progress monitoring to a
1191 student’s teacher within 1 week and to the student’s parent
1192 within 2 weeks of the administration of the progress monitoring.
1193 Delivery of results from the comprehensive, end-of-year progress
1194 monitoring ELA assessment for grades 3 through 10 and
1195 Mathematics assessment for grades 3 through 8 must be in
1196 accordance with s. 1008.22(7) s. 1008.22(7)(h).
1197 1. A student’s results from the coordinated screening and
1198 progress monitoring system must be recorded in a written, easy
1199 to-comprehend individual student report. Each school district
1200 shall provide a parent secure access to his or her child’s
1201 individual student reports through a web-based portal as part of
1202 its student information system. Each early learning coalition
1203 shall provide parents the individual student report in a format
1204 determined by state board rule.
1205 2. In addition to the information under subparagraph (a)5.,
1206 the report must also include parent resources that explain the
1207 purpose of progress monitoring, assist the parent in
1208 interpreting progress monitoring results, and support informed
1209 parent involvement. Parent resources may include personalized
1210 video formats.
1211 3. The department shall annually update school districts
1212 and early learning coalitions on new system features and
1213 functionality and collaboratively identify with school districts
1214 and early learning coalitions strategies for meaningfully
1215 reporting to parents results from the coordinated screening and
1216 progress monitoring system. The department shall develop ways to
1217 increase the utilization, by instructional staff and parents, of
1218 student assessment data and resources.
1219 4. An individual student report must be provided in a
1220 printed format upon a parent’s request.
1221 (d) Screening and progress monitoring system results,
1222 including the number of students who demonstrate characteristics
1223 of dyslexia and dyscalculia, shall be reported to the department
1224 pursuant to state board rule and maintained in the department’s
1225 Education Data Warehouse. Results must be provided to a
1226 student’s teacher and parent in a timely manner as required in
1227 s. 1008.22(7)(f) s. 1008.22(7)(g).
1228 (e) The department, in collaboration with the Office of
1229 Early Learning, shall provide training and support for effective
1230 implementation of the screening and progress monitoring system.
1231 Section 28. Paragraph (c) of subsection (3) and subsection
1232 (4) of section 1008.33, Florida Statutes, are amended to read:
1233 1008.33 Authority to enforce public school improvement.—
1234 (3)
1235 (c) The state board shall adopt by rule a differentiated
1236 matrix of intervention and support strategies for assisting
1237 traditional public schools identified under this section and
1238 rules for implementing s. 1002.33(9)(n), relating to charter
1239 schools. The intervention and support strategies must address
1240 student performance and may include improvement planning;
1241 leadership quality improvement; educator quality improvement;
1242 professional development; curriculum review, pacing, and
1243 alignment across grade levels to improve background knowledge in
1244 social studies, science, and the arts; and the use of continuous
1245 improvement and monitoring plans and processes. In addition, the
1246 state board may prescribe reporting requirements to review and
1247 monitor the progress of the schools. The rule must define the
1248 intervention and support strategies for school improvement for
1249 schools earning a grade of “D” or “F” and the roles for the
1250 district and department. A school may not be required to use the
1251 measure of student learning growth in s. 1012.34(7) as the sole
1252 determinant to recruit instructional personnel. The rule must
1253 create a timeline for a school district’s school improvement
1254 plan or district-managed turnaround plan to be approved and for
1255 the school improvement funds under Title I to be released to the
1256 school district. The timeline established in rule for the
1257 release of school improvement funding under Title I may not
1258 exceed 20 calendar days after the approval of the school
1259 improvement plan or district-managed turnaround plan.
1260 (4)(a) The state board shall apply intensive intervention
1261 and support strategies tailored to the needs of schools earning
1262 two consecutive grades of “D” or a grade of “F.” In the first
1263 full school year after a school initially earns a grade of “D,”
1264 the school district must immediately implement intervention and
1265 support strategies prescribed in rule under paragraph (3)(c).
1266 For a school that initially earns a grade of “F” or a second
1267 consecutive grade of “D,” the school district must either
1268 continue implementing or immediately begin implementing
1269 intervention and support strategies prescribed in rule under
1270 paragraph (3)(c) and provide the department, by September 15 1,
1271 with the memorandum of understanding negotiated pursuant to s.
1272 1001.42(21) and, by October 1, a district-managed turnaround
1273 plan for approval by the state board. The district-managed
1274 turnaround plan may include a proposal for the district to
1275 implement an extended school day, a summer program, a
1276 combination of an extended school day and a summer program, or
1277 any other option authorized under paragraph (b) for state board
1278 approval. A school district is not required to wait until a
1279 school earns a second consecutive grade of “D” to submit a
1280 turnaround plan for approval by the state board under this
1281 paragraph. Upon approval by the state board, the school district
1282 must implement the plan for the remainder of the school year and
1283 continue the plan for 4 1 full school years year. The state
1284 board may allow a school an additional year of implementation
1285 before the school must implement a turnaround option required
1286 under paragraph (b) if the school earns a first grade of “C” or
1287 higher after the fourth it determines that the school is likely
1288 to improve to a grade of “C” or higher after the first full
1289 school year of implementation.
1290 (b) Unless an additional year of implementation is provided
1291 pursuant to paragraph (a), A school that, during the completes a
1292 plan cycle under paragraph (a), and does not improve to a grade
1293 of “B” or higher or does not improve and maintain to a grade of
1294 “C” for 2 consecutive years or higher must implement one of the
1295 following:
1296 1. Reassign students to another school and monitor the
1297 progress of each reassigned student;
1298 2. Close the school and reopen the school as one or more
1299 charter schools, each with a governing board that has a
1300 demonstrated record of effectiveness; or
1301 3. Contract with an outside entity that has a demonstrated
1302 record of effectiveness to provide turnaround services
1303 identified in state board rule, which may include school
1304 leadership, educational modalities, teacher and leadership
1305 professional development, curriculum, operation and management
1306 services, school-based administrative staffing, budgeting,
1307 scheduling, other educational service provider functions, or any
1308 combination thereof. Selection of an outside entity may include
1309 one or a combination of the following:
1310 a. An external operator, which may be a district-managed
1311 charter school or a high-performing charter school network in
1312 which all instructional personnel are not employees of the
1313 school district, but are employees of an independent governing
1314 board composed of members who did not participate in the review
1315 or approval of the charter.
1316 b. A contractual agreement that allows for a charter school
1317 network or any of its affiliated subsidiaries to provide
1318 individualized consultancy services tailored to address the
1319 identified needs of one or more schools under this section.
1320 c. A contractual agreement that allows for the school to
1321 become a community school model as defined in s. 1003.64(2)(c).
1322
1323 A school district and outside entity under this subparagraph
1324 must enter, at minimum, a 2-year, performance-based contract.
1325 The contract must include school performance and growth metrics
1326 the outside entity must meet on an annual basis. The state board
1327 may require the school district to modify or cancel the
1328 contract.
1329 (c) Implementation of a turnaround option is not required
1330 if the school improved and maintained a grade of “C” or higher
1331 for 2 consecutive years, under paragraph (a). Implementation of
1332 the turnaround option is not no longer required if the school
1333 improves to a grade of “C” or higher, under paragraph (b).
1334 (d) If a school earning two consecutive grades of “D” or a
1335 grade of “F” does not improve to a grade of “C” or higher after
1336 2 school years of implementing the turnaround option selected by
1337 the school district under paragraph (b), the school district
1338 must implement another turnaround option. Implementation of the
1339 turnaround option must begin the school year following the
1340 implementation period of the existing turnaround option, unless
1341 the state board determines that the school is likely to improve
1342 to a grade of “C” or higher if additional time is provided to
1343 implement the existing turnaround option.
1344 Section 29. Section 1008.332, Florida Statutes, is amended
1345 to read:
1346 1008.332 Committee of practitioners pursuant to federal
1347 Every Student Succeeds No Child Left Behind Act.—The Department
1348 of Education shall establish a committee of practitioners
1349 pursuant to federal requirements of the Every Student Succeeds
1350 No Child Left Behind Act of 2015 2001. The committee members
1351 shall be appointed by the Commissioner of Education and shall
1352 annually report to the Governor, the President of the Senate,
1353 and the Speaker of the House of Representatives by January 1.
1354 The committee shall meet regularly and is authorized to review
1355 potential rules and policies that will be considered by the
1356 State Board of Education.
1357 Section 30. Paragraph (c) of subsection (3) and subsection
1358 (5) of section 1008.34, Florida Statutes, are amended to read:
1359 1008.34 School grading system; school report cards;
1360 district grade.—
1361 (3) DESIGNATION OF SCHOOL GRADES.—
1362 (c)1. The calculation of a school grade shall be based on
1363 the percentage of points earned from the components listed in
1364 subparagraph (b)1. and, if applicable, subparagraph (b)2. The
1365 State Board of Education shall adopt in rule a school grading
1366 scale that sets the percentage of points needed to earn each of
1367 the school grades listed in subsection (2). There shall be at
1368 least five percentage points separating the percentage
1369 thresholds needed to earn each of the school grades. The state
1370 board shall annually review the percentage of school grades of
1371 “A” and “B” for the school year to determine whether to adjust
1372 the school grading scale upward for the following school year’s
1373 school grades. The first adjustment would occur no earlier than
1374 the 2023-2024 school year. An adjustment must be made if the
1375 percentage of schools earning a grade of “A” or “B” in the
1376 current year represents 75 percent or more of all graded schools
1377 within a particular school type, which consists of elementary,
1378 middle, high, and combination. The adjustment must reset the
1379 minimum required percentage of points for each grade of “A,”
1380 “B,” “C,” or “D” at the next highest percentage ending in the
1381 numeral 5 or 0, whichever is closest to the current percentage.
1382 Annual reviews of the percentage of schools earning a grade of
1383 “A” or “B” and adjustments to the required points must be
1384 suspended when the following grading scale for a specific school
1385 type is achieved:
1386 a. Ninety percent or more of the points for a grade of “A.”
1387 b. Eighty to eighty-nine percent of the points for a grade
1388 of “B.”
1389 c. Seventy to seventy-nine percent of the points for a
1390 grade of “C.”
1391 d. Sixty to sixty-nine percent of the points for a grade of
1392 “D.”
1393
1394 When the state board adjusts the grading scale upward, the state
1395 board must inform the public of the degree of the adjustment and
1396 its anticipated impact on school grades. Any changes made by the
1397 state board to components in the school grades model or to the
1398 school grading scale shall go into effect in the following
1399 school year, at the earliest.
1400 2. The calculation of school grades may not include any
1401 provision that would raise or lower the school’s grade beyond
1402 the percentage of points earned. Extra weight may not be added
1403 in the calculation of any components.
1404 (5) DISTRICT GRADE.—Beginning with the 2014-2015 school
1405 year, a school district’s grade shall include a district-level
1406 calculation of the components under paragraph (3)(b). This
1407 calculation methodology captures each eligible student in the
1408 district who may have transferred among schools within the
1409 district or is enrolled in a school that does not receive a
1410 grade. The department shall develop a district report card that
1411 includes the district grade; the information required under s.
1412 1008.345(3) s. 1008.345(5); measures of the district’s progress
1413 in closing the achievement gap between higher-performing student
1414 subgroups and lower-performing student subgroups; measures of
1415 the district’s progress in demonstrating Learning Gains of its
1416 highest-performing students; measures of the district’s success
1417 in improving student attendance; the district’s grade-level
1418 promotion of students scoring achievement levels 1 and 2 on
1419 statewide, standardized English Language Arts and Mathematics
1420 assessments; and measures of the district’s performance in
1421 preparing students for the transition from elementary to middle
1422 school, middle to high school, and high school to postsecondary
1423 institutions and careers.
1424 Section 31. Subsections (3), (4), and (5) of section
1425 1008.345, Florida Statutes, are amended to read:
1426 1008.345 Implementation of state system of school
1427 improvement and education accountability.—
1428 (3) The annual feedback report shall be developed by the
1429 Department of Education.
1430 (4) The commissioner shall review each district school
1431 board’s feedback report and submit findings to the State Board
1432 of Education. If adequate progress is not being made toward
1433 implementing and maintaining a system of school improvement and
1434 education accountability, the State Board of Education shall
1435 direct the commissioner to prepare and implement a corrective
1436 action plan. The commissioner and State Board of Education shall
1437 monitor the development and implementation of the corrective
1438 action plan.
1439 (3)(5) The commissioner shall annually report to the State
1440 Board of Education and the Legislature and recommend changes in
1441 state policy necessary to foster school improvement and
1442 education accountability. The report must shall include:
1443 (a) for each school district:
1444 (a)1. The percentage of students, by school and grade
1445 level, demonstrating learning growth in English Language Arts
1446 and mathematics.
1447 (b)2. The percentage of students, by school and grade
1448 level, in both the highest and lowest quartiles demonstrating
1449 learning growth in English Language Arts and mathematics.
1450 (c)3. The information contained in the school district’s
1451 annual report required pursuant to s. 1008.25(10).
1452 (b) Intervention and support strategies used by school
1453 districts whose students in both the highest and lowest
1454 quartiles exceed the statewide average learning growth for
1455 students in those quartiles.
1456 (c) Intervention and support strategies used by school
1457 districts whose schools provide educational services to youth in
1458 Department of Juvenile Justice programs that demonstrate
1459 learning growth in English Language Arts and mathematics that
1460 exceeds the statewide average learning growth for students in
1461 those subjects.
1462 (d) Based upon a review of each school district’s reading
1463 instruction plan submitted pursuant to s. 1003.4201,
1464 intervention and support strategies used by school districts
1465 that were effective in improving the reading performance of
1466 students, as indicated by student performance data, who are
1467 identified as having a substantial reading deficiency pursuant
1468 to s. 1008.25(5)(a).
1469
1470 School reports must shall be distributed pursuant to this
1471 subsection and s. 1001.42(18)(c) and according to rules adopted
1472 by the State Board of Education.
1473 Section 32. Paragraph (d) of subsection (2) of section
1474 1000.05, Florida Statutes, is amended to read:
1475 1000.05 Discrimination against students and employees in
1476 the Florida K-20 public education system prohibited; equality of
1477 access required.—
1478 (2)
1479 (d) Students may be separated by sex for a single-gender
1480 program as provided under s. 1002.311, for any portion of a
1481 class that deals with human reproduction, or during
1482 participation in bodily contact sports. For the purpose of this
1483 section, bodily contact sports include wrestling, boxing, rugby,
1484 ice hockey, football, basketball, and other sports in which the
1485 purpose or major activity involves bodily contact.
1486 Section 33. This act shall take effect July 1, 2024.