Florida Senate - 2021 SB 1108
By Senator Diaz
36-00467A-21 20211108__
1 A bill to be entitled
2 An act relating to education; amending s. 1001.23,
3 F.S.; authorizing the Department of Education to hold
4 patents, copyrights, trademarks, and service marks;
5 authorizing the department to take specified actions
6 to enforce its rights under certain circumstances;
7 requiring the department to notify the Department of
8 State in writing when property rights by patent,
9 copyright, trademark, or service marks are secured by
10 the department; requiring, except for educational
11 materials and products, any proceeds received by the
12 department from the exercise of its rights to be
13 deposited in the department’s Operating Trust Fund;
14 amending s. 1003.4282, F.S.; deleting obsolete
15 language; requiring certain students to take a
16 specified assessment relating to civic literacy;
17 providing that such assessment meets certain
18 postsecondary requirements under specified
19 circumstances; conforming a cross-reference; amending
20 s. 1007.25, F.S.; requiring certain postsecondary
21 students to complete a civic literacy course and pass
22 a specified assessment to demonstrate competency in
23 civic literacy; authorizing students to meet the
24 assessment requirements in high school; providing for
25 rulemaking; authorizing the development of new civic
26 literacy courses; providing requirements for such
27 courses; amending s. 1008.212, F.S.; conforming cross
28 references; amending s. 1008.22, F.S.; revising the
29 purpose of the assessment program; deleting obsolete
30 language; requiring that certain assessments be given
31 in a paper-based format; requiring school districts to
32 provide the SAT or ACT to grade 11 students beginning
33 in a specified school year; requiring school districts
34 to choose which assessment to administer; deleting
35 specified reporting requirements; deleting a
36 requirement that the Commissioner of Education
37 maintain a specified item bank; deleting specified
38 requirements for the date of the administration of
39 specified assessments; revising a deadline for the
40 publication of certain assessments; conforming
41 provisions to changes made by the act; amending s.
42 1008.24, F.S.; revising the tests that are included
43 under test administration and security rules; amending
44 ss. 1008.34 and 1008.3415, F.S.; conforming cross
45 references; amending s. 1009.286, F.S.; providing an
46 additional exception to credit hours used when
47 calculating baccalaureate degrees; providing an
48 effective date.
49
50 Be It Enacted by the Legislature of the State of Florida:
51
52 Section 1. Subsection (5) is added to section 1001.23,
53 Florida Statutes, to read:
54 1001.23 Specific powers and duties of the Department of
55 Education.—In addition to all other duties assigned to it by law
56 or by rule of the State Board of Education, the department
57 shall:
58 (5) Notwithstanding the provisions of chapter 286, have the
59 authority to hold patents, copyrights, trademarks, and service
60 marks. The department may take any action necessary to enforce
61 its rights with respect to such patents, copyrights, trademarks,
62 and service marks or enter into a transaction to sell, lease,
63 license, or transfer such rights for monetary gain or other
64 consideration at the discretion of the department. The
65 department shall notify the Department of State in writing when
66 property rights by patent, copyright, trademark, or service
67 marks are secured by the department. Except for educational
68 materials and products, any proceeds received by the department
69 from the exercise of such rights shall be deposited in the
70 department’s Operating Trust Fund.
71 Section 2. Paragraphs (a) and (d) of subsection (3),
72 subsection (7), and paragraph (e) of subsection (10) of section
73 1003.4282, Florida Statutes, are amended to read:
74 1003.4282 Requirements for a standard high school diploma.—
75 (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT
76 REQUIREMENTS.—
77 (a) Four credits in English Language Arts (ELA).—The four
78 credits must be in ELA I, II, III, and IV. A student must pass
79 the statewide, standardized grade 10 Reading assessment or, when
80 implemented, the grade 10 ELA assessment, or earn a concordant
81 score, in order to earn a standard high school diploma.
82 (d) Three credits in social studies.—A student must earn
83 one credit in United States History; one credit in World
84 History; one-half credit in economics; and one-half credit in
85 United States Government. The United States History EOC
86 assessment constitutes 30 percent of the student’s final course
87 grade. Beginning with the 2021-2022 school year, students taking
88 the United States Government course are required to take the
89 assessment of civic literacy identified by the State Board of
90 Education pursuant to s. 1007.25(4). Students earning a passing
91 score on the assessment are exempt from the postsecondary civic
92 literacy assessment required by s. 1007.25(4).
93 (7) UNIFORM TRANSFER OF HIGH SCHOOL CREDITS.—Beginning with
94 the 2012-2013 school year, if a student transfers to a Florida
95 public high school from out of country, out of state, a private
96 school, or a home education program and the student’s transcript
97 shows a credit in Algebra I, the student must pass the
98 statewide, standardized Algebra I EOC assessment in order to
99 earn a standard high school diploma unless the student earned a
100 comparative score, passed a statewide assessment in Algebra I
101 administered by the transferring entity, or passed the statewide
102 mathematics assessment the transferring entity uses to satisfy
103 the requirements of the Elementary and Secondary Education Act,
104 as amended by the Every Student Succeeds Act (ESSA), 20 U.S.C.
105 ss. 6301 et seq. If a student’s transcript shows a credit in
106 high school reading or English Language Arts II or III, in order
107 to earn a standard high school diploma, the student must take
108 and pass the statewide, standardized grade 10 Reading assessment
109 or, when implemented, the grade 10 ELA assessment, or earn a
110 concordant score. If a transfer student’s transcript shows a
111 final course grade and course credit in Algebra I, Geometry,
112 Biology I, or United States History, the transferring course
113 final grade and credit shall be honored without the student
114 taking the requisite statewide, standardized EOC assessment and
115 without the assessment results constituting 30 percent of the
116 student’s final course grade.
117 (10) STUDENTS WITH DISABILITIES.—Beginning with students
118 entering grade 9 in the 2014-2015 school year, this subsection
119 applies to a student with a disability.
120 (e) Any waiver of the statewide, standardized assessment
121 requirements by the individual education plan team, pursuant to
122 s. 1008.22(3)(d) s. 1008.22(3)(c), must be approved by the
123 parent and is subject to verification for appropriateness by an
124 independent reviewer selected by the parent as provided for in
125 s. 1003.572.
126
127 The State Board of Education shall adopt rules under ss.
128 120.536(1) and 120.54 to implement this subsection, including
129 rules that establish the minimum requirements for students
130 described in this subsection to earn a standard high school
131 diploma. The State Board of Education shall adopt emergency
132 rules pursuant to ss. 120.536(1) and 120.54.
133 Section 3. Subsection (4) of section 1007.25, Florida
134 Statutes, is amended to read:
135 1007.25 General education courses; common prerequisites;
136 other degree requirements.—
137 (4)(a) Beginning with students initially entering a Florida
138 College System institution or state university in the 2018-2019
139 school year and thereafter, each student must demonstrate
140 competency in civic literacy. Students must have the option to
141 demonstrate competency either through successful completion of a
142 civic literacy course or by achieving a passing score on an
143 assessment. The State Board of Education must adopt in rule and
144 the Board of Governors must adopt in regulation at least one
145 existing assessment that measures competencies consistent with
146 the required course competencies outlined in subparagraph (b)2
147 paragraph (b).
148 (b) Beginning with students initially entering a Florida
149 College System institution or state university in the 2021-2022
150 school year and thereafter, each student must demonstrate
151 competency in civic literacy by achieving a passing score on an
152 assessment and by successfully completing a civic literacy
153 course. Credits earned for such courses via articulated
154 acceleration mechanisms in s. 1007.27 will count toward the
155 civic literacy competency requirement. The State Board of
156 Education and the Board of Governors shall adopt by rule and
157 regulation, respectively, approved assessments that address the
158 competencies in subparagraph 2. and courses that meet the
159 requirements in subparagraph 1. The chair of the State Board of
160 Education and the chair of the Board of Governors, or their
161 respective designees, shall jointly appoint a faculty committee
162 to:
163 1.(a) Develop one or more a new courses course in civic
164 literacy or revise an existing general education core course in
165 American History or American Government to include, at a
166 minimum, opportunities to engage synchronously in political
167 discussions and civil debates with multiple points of view and
168 to master the ability to synthesize information that informs
169 civic decisionmaking civic literacy.
170 2.(b) Establish course competencies and identify outcomes
171 that include, at a minimum, an understanding of the basic
172 principles of American democracy and how they are applied in our
173 republican form of government, an understanding of the United
174 States Constitution, knowledge of the founding documents and how
175 they have shaped the nature and functions of our institutions of
176 self-governance, and an understanding of landmark Supreme Court
177 cases and their impact on law and society.
178 Section 4. Paragraph (a) of subsection (1) and subsection
179 (2) of section 1008.212, Florida Statutes, are amended to read:
180 1008.212 Students with disabilities; extraordinary
181 exemption.—
182 (1) As used in this section, the term:
183 (a) “Circumstance” means a situation in which
184 accommodations allowable for use on the statewide standardized
185 assessment, a statewide standardized end-of-course assessment,
186 or an alternate assessment pursuant to s. 1008.22(3)(d) s.
187 1008.22(3)(c) are not offered to a student during the current
188 year’s assessment administration due to technological
189 limitations in the testing administration program which lead to
190 results that reflect the student’s impaired sensory, manual, or
191 speaking skills rather than the student’s achievement of the
192 benchmarks assessed by the statewide standardized assessment, a
193 statewide standardized end-of-course assessment, or an alternate
194 assessment.
195 (2) A student with a disability for whom the individual
196 education plan (IEP) team determines is prevented by a
197 circumstance or condition from physically demonstrating the
198 mastery of skills that have been acquired and are measured by
199 the statewide standardized assessment, a statewide standardized
200 end-of-course assessment, or an alternate assessment pursuant to
201 s. 1008.22(3)(d) s. 1008.22(3)(c) shall be granted an
202 extraordinary exemption from the administration of the
203 assessment. A learning, emotional, behavioral, or significant
204 cognitive disability, or the receipt of services through the
205 homebound or hospitalized program in accordance with rule 6A
206 6.03020, Florida Administrative Code, is not, in and of itself,
207 an adequate criterion for the granting of an extraordinary
208 exemption.
209 Section 5. Paragraph (c) of subsection (3) of section
210 1008.22, Florida Statutes, is redesignated as paragraph (d), a
211 new paragraph (c) is added to that subsection, and paragraph (a)
212 of subsection (1), paragraphs (a), (b), (d), and (g) of
213 subsection (3), subsection (6), paragraphs (a), (b), (c), and
214 (h) of subsection (7), subsections (8) and (9), and paragraph
215 (e) of subsection (12) of that section are amended, to read:
216 1008.22 Student assessment program for public schools.—
217 (1) PURPOSE.—The primary purpose of the student assessment
218 program is to provide student academic achievement and learning
219 gains data to students, parents, teachers, school
220 administrators, and school district staff. This data is to be
221 used by districts to improve instruction; by students, parents,
222 and teachers to guide learning objectives; by education
223 researchers to assess national and international education
224 comparison data; and by the public to assess the cost benefit of
225 the expenditure of taxpayer dollars. The program must be
226 designed to:
227 (a) Assess the achievement level and annual learning gains
228 of each student in English Language Arts and mathematics and the
229 achievement level in all other subjects assessed.
230 (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
231 Commissioner of Education shall design and implement a
232 statewide, standardized assessment program aligned to the core
233 curricular content established in the Next Generation Sunshine
234 State Standards. The commissioner also must develop or select
235 and implement a common battery of assessment tools that will be
236 used in all juvenile justice education programs in the state.
237 These tools must accurately measure the core curricular content
238 established in the Next Generation Sunshine State Standards.
239 Participation in the assessment program is mandatory for all
240 school districts and all students attending public schools,
241 including adult students seeking a standard high school diploma
242 under s. 1003.4282 and students in Department of Juvenile
243 Justice education programs, except as otherwise provided by law.
244 If a student does not participate in the assessment program, the
245 school district must notify the student’s parent and provide the
246 parent with information regarding the implications of such
247 nonparticipation. The statewide, standardized assessment program
248 shall be designed and implemented as follows:
249 (a) Statewide, standardized comprehensive assessments.—The
250 statewide, standardized Reading assessment shall be administered
251 annually in grades 3 through 10. The statewide, standardized
252 Writing assessment shall be administered annually at least once
253 at the elementary, middle, and high school levels. When the
254 Reading and Writing assessments are replaced by English Language
255 Arts (ELA) assessments, ELA assessments shall be administered to
256 students in grades 3 through 10. Retake opportunities for the
257 grade 10 Reading assessment or, upon implementation, the grade
258 10 ELA assessment must be provided. Students taking the ELA
259 assessments shall not take the statewide, standardized
260 assessments in Reading or Writing. Reading passages and writing
261 prompts for ELA assessments shall incorporate grade-level core
262 curricula content from social studies. The statewide,
263 standardized Mathematics assessments shall be administered
264 annually in grades 3 through 8. Students taking a revised
265 Mathematics assessment shall not take the discontinued
266 assessment. The statewide, standardized Science assessment shall
267 be administered annually at least once at the elementary and
268 middle grades levels. In order to earn a standard high school
269 diploma, a student who has not earned a passing score on the
270 grade 10 Reading assessment or, upon implementation, the grade
271 10 ELA assessment must earn a passing score on the assessment
272 retake or earn a concordant score as authorized under subsection
273 (9). Statewide, standardized ELA and Mathematics assessments in
274 grades 3 through 6 must be delivered in a paper-based format.
275 (b) End-of-course (EOC) assessments.—EOC assessments must
276 be statewide, standardized, and developed or approved by the
277 Department of Education as follows:
278 1. EOC assessments for Algebra I, Geometry, Biology I,
279 United States History, and Civics shall be administered to
280 students enrolled in such courses as specified in the course
281 code directory.
282 2. Students enrolled in a course, as specified in the
283 course code directory, with an associated statewide,
284 standardized EOC assessment must take the EOC assessment for
285 such course and may not take the corresponding subject or grade
286 level statewide, standardized assessment pursuant to paragraph
287 (a). Sections 1003.4156 and 1003.4282 govern the use of
288 statewide, standardized EOC assessment results for students.
289 3. The commissioner may select one or more nationally
290 developed comprehensive examinations, which may include
291 examinations for a College Board Advanced Placement course,
292 International Baccalaureate course, or Advanced International
293 Certificate of Education course, or industry-approved
294 examinations to earn national industry certifications identified
295 in the CAPE Industry Certification Funding List, for use as EOC
296 assessments under this paragraph if the commissioner determines
297 that the content knowledge and skills assessed by the
298 examinations meet or exceed the grade-level expectations for the
299 core curricular content established for the course in the Next
300 Generation Sunshine State Standards. Use of any such examination
301 as an EOC assessment must be approved by the state board in
302 rule.
303 4. Contingent upon funding provided in the General
304 Appropriations Act, including the appropriation of funds
305 received through federal grants, the commissioner may establish
306 an implementation schedule for the development and
307 administration of additional statewide, standardized EOC
308 assessments that must be approved by the state board in rule. If
309 approved by the state board, student performance on such
310 assessments constitutes 30 percent of a student’s final course
311 grade.
312 5. All statewide, standardized EOC assessments must be
313 administered online except as otherwise provided in paragraph
314 (d) (c).
315 6. A student enrolled in an Advanced Placement (AP),
316 International Baccalaureate (IB), or Advanced International
317 Certificate of Education (AICE) course who takes the respective
318 AP, IB, or AICE assessment and earns the minimum score necessary
319 to earn college credit, as identified in s. 1007.27(2), meets
320 the requirements of this paragraph and does not have to take the
321 EOC assessment for the corresponding course.
322 (c) Nationally recognized high school assessments.—Each
323 school district shall, by the 2021-2022 school year and subject
324 to appropriation, select either the SAT or ACT for districtwide
325 administration to each public school student in grade 11,
326 including students attending public high schools, alternative
327 schools, and centers of the Department of Juvenile Justice.
328 (d) Implementation schedule.—
329 1. The Commissioner of Education shall establish and
330 publish on the department’s website an implementation schedule
331 to transition from the statewide, standardized Reading and
332 Writing assessments to the ELA assessments and to the revised
333 Mathematics assessments, including the Algebra I and Geometry
334 EOC assessments. The schedule must take into consideration
335 funding, sufficient field and baseline data, access to
336 assessments, instructional alignment, and school district
337 readiness to administer the assessments online. All such
338 assessments must be delivered through computer-based testing,
339 however, the following assessments must be delivered in a
340 computer-based format, as follows: the grade 3 Mathematics
341 assessment beginning in the 2016-2017 school year; the grade 4
342 ELA assessment, beginning in the 2015-2016 school year; and the
343 grade 4 Mathematics assessment, beginning in the 2016-2017
344 school year. Notwithstanding the requirements of this
345 subparagraph, statewide, standardized ELA and mathematics
346 assessments in grades 3 through 6 must be delivered only in a
347 paper-based format, beginning with the 2017-2018 school year,
348 and all such assessments must be paper-based no later than the
349 2018-2019 school year.
350 2. The Department of Education shall publish minimum and
351 recommended technology requirements that include specifications
352 for hardware, software, networking, security, and broadband
353 capacity to facilitate school district compliance with the
354 requirements of this section.
355 (g) Contracts for assessments.—
356 1. The commissioner shall provide for the assessments to be
357 developed or obtained, as appropriate, through contracts and
358 project agreements with private vendors, public vendors, public
359 agencies, postsecondary educational institutions, or school
360 districts. The commissioner may enter into contracts for the
361 continued administration of the assessments authorized and
362 funded by the Legislature. Contracts may be initiated in 1
363 fiscal year and continue into the next fiscal year and may be
364 paid from the appropriations of either or both fiscal years. The
365 commissioner may negotiate for the sale or lease of tests,
366 scoring protocols, test scoring services, and related materials
367 developed pursuant to law.
368 2. A student’s performance results on statewide,
369 standardized assessments, EOC assessments, and Florida
370 Alternative Assessments administered pursuant to this subsection
371 must be provided to the student’s teachers and parents by the
372 end of the school year, unless the commissioner determines that
373 extenuating circumstances exist and reports the extenuating
374 circumstances to the State Board of Education. This subparagraph
375 does not apply to existing contracts for such assessments, but
376 shall apply to new contracts and any renewal of existing
377 contracts for such assessments.
378 3. If liquidated damages are applicable, the department
379 shall collect liquidated damages that are due in response to the
380 administration of the spring 2015 computer-based assessments of
381 the department’s Florida Standards Assessment contract with
382 American Institutes for Research, and expend the funds to
383 reimburse parties that incurred damages.
384 (6) LOCAL ASSESSMENT OF STUDENT PERFORMANCE ON STATE
385 STANDARDS.—
386 (a) Measurement of student performance is the
387 responsibility of school districts except in those subjects and
388 grade levels measured under the statewide, standardized
389 assessment program described in this section. When available,
390 instructional personnel must be provided with information on
391 student achievement of standards and benchmarks in order to
392 improve instruction.
393 (b) The Commissioner of Education shall assist and support
394 districts in measuring student performance on the state
395 standards by maintaining a statewide item bank, facilitating the
396 sharing of developed tests or test items among school districts,
397 and providing technical assistance in best assessment practices.
398 The commissioner may discontinue the item bank if he or she
399 determines that district participation is insufficient for its
400 sustainability.
401 (7) ASSESSMENT SCHEDULES AND REPORTING OF RESULTS.—
402 (a) The Commissioner of Education shall establish schedules
403 for the administration of statewide, standardized assessments
404 and the reporting of student assessment results. The
405 commissioner shall consider the observance of religious and
406 school holidays when developing the schedules. The assessment
407 and reporting schedules must provide the earliest possible
408 reporting of student assessment results to the school districts,
409 consistent with the requirements of paragraph (3)(g). Assessment
410 results for the statewide, standardized ELA and mathematics
411 assessments and all statewide, standardized EOC assessments must
412 be made available no later than June 30, except for results for
413 the grade 3 statewide, standardized ELA assessment, which must
414 be made available no later than May 31. School districts shall
415 administer statewide, standardized assessments in accordance
416 with the schedule established by the commissioner.
417 (b) By January of each year, beginning in 2018, the
418 commissioner shall publish on the department’s website a uniform
419 calendar that includes the assessment and reporting schedules
420 for, at a minimum, the next 2 school years. The uniform calendar
421 must be provided to school districts in an electronic format
422 that allows each school district and public school to populate
423 the calendar with, at minimum, the following information for
424 reporting the district assessment schedules under paragraph (d):
425 1. Whether the assessment is a district-required assessment
426 or a state-required assessment.
427 2. The specific date or dates that each assessment will be
428 administered.
429 3. The time allotted to administer each assessment.
430 4. Whether the assessment is a computer-based assessment or
431 a paper-based assessment.
432 5. The grade level or subject area associated with the
433 assessment.
434 6. The date that the assessment results are expected to be
435 available to teachers and parents.
436 7. The type of assessment, the purpose of the assessment,
437 and the use of the assessment results.
438 8. A glossary of assessment terminology.
439 9. Estimates of average time for administering state
440 required and district-required assessments, by grade level.
441 (c) Beginning with the 2018-2019 school year, The spring
442 administration of the statewide, standardized assessments in
443 paragraphs (3)(a) and (b), excluding assessment retakes, must be
444 in accordance with the following schedule:
445 1. The grade 3 statewide, standardized ELA assessment and
446 the writing portion of the statewide, standardized ELA
447 assessment for grades 4 through 10 must be administered no
448 earlier than April 1 each year within an assessment window not
449 to exceed 2 weeks.
450 2. With the exception of assessments identified in
451 subparagraph 1., any statewide, standardized assessment that is
452 delivered in a paper-based format must be administered no
453 earlier than May 1 each year within an assessment window not to
454 exceed 2 weeks.
455 3. With the exception of assessments identified in
456 subparagraphs 1. and 2., any statewide, standardized assessment
457 must be administered within a 4-week assessment window that
458 opens no earlier than May 1 each year.
459
460 Each school district shall administer the assessments identified
461 under subparagraphs 2. and 3. no earlier than 4 weeks before the
462 last day of school for the district.
463 (h) The results of statewide, standardized assessment in
464 ELA and mathematics, science, and social studies assessments,
465 including assessment retakes, shall be reported in an easy-to
466 read and understandable format and delivered in time to provide
467 useful, actionable information to students, parents, and each
468 student’s current teacher of record and teacher of record for
469 the subsequent school year; however, in any case, the district
470 shall provide the results pursuant to this paragraph within 1
471 week after receiving the results from the department. A report
472 of student assessment results must, at a minimum, contain:
473 1. A clear explanation of the student’s performance on the
474 applicable statewide, standardized assessments.
475 2. Information identifying the student’s areas of strength
476 and areas in need of improvement.
477 3. Specific actions that may be taken, and the available
478 resources that may be used, by the student’s parent to assist
479 his or her child based on the student’s areas of strength and
480 areas in need of improvement.
481 4. Longitudinal information, if available, on the student’s
482 progress in each subject area based on previous statewide,
483 standardized assessment data.
484 5. Comparative information showing the student’s score
485 compared to other students in the school district, in the state,
486 or, if available, in other states.
487 6. Predictive information, if available, showing the
488 linkage between the scores attained by the student on the
489 statewide, standardized assessments and the scores he or she may
490 potentially attain on nationally recognized college entrance
491 examinations.
492 (8) PUBLICATION OF ASSESSMENTS.—To promote transparency in
493 the statewide assessment program, in any procurement for the
494 statewide, standardized assessment in ELA, assessment in grades
495 3 through 10 and the mathematics, science, and social studies
496 assessment in grades 3 through 8, the Department of Education
497 shall solicit cost proposals for publication of the state
498 assessments on its website in accordance with this subsection.
499 (a) The department shall publish each assessment
500 administered under paragraph (3)(a) and subparagraph (3)(b)1.,
501 excluding assessment retakes, at least once on a triennial basis
502 pursuant to a schedule determined by the Commissioner of
503 Education. Each assessment, when published, must have been
504 administered during the most recent school year and be in a
505 format that facilitates the sharing of assessment items.
506 (b) The initial publication of assessments must occur no
507 later than June 30, 2024 June 30, 2021, subject to
508 appropriation, and must include, at a minimum, the grade 3 ELA
509 and mathematics assessments, the grade 10 ELA assessment, and
510 the Algebra I EOC assessment.
511 (c) The department must provide materials on its website to
512 help the public interpret assessment information published
513 pursuant to this subsection.
514 (9) CONCORDANT SCORES.—The Commissioner of Education must
515 identify scores on the SAT and ACT that if achieved satisfy the
516 graduation requirement that a student pass the grade 10
517 statewide, standardized Reading assessment or, upon
518 implementation, the grade 10 ELA assessment. The commissioner
519 may identify concordant scores on assessments other than the SAT
520 and ACT. If the content or scoring procedures change for the
521 grade 10 Reading assessment or, upon implementation, the grade
522 10 ELA assessment, new concordant scores must be determined. If
523 new concordant scores are not timely adopted, the last-adopted
524 concordant scores remain in effect until such time as new scores
525 are adopted. The state board shall adopt concordant scores in
526 rule.
527 (12) REPORTS.—The Department of Education shall annually
528 provide a report to the Governor, the President of the Senate,
529 and the Speaker of the House of Representatives which shall
530 include the following:
531 (e) The number of students who after 8th grade enroll in
532 adult education rather than other secondary education, which is
533 defined as grades 9 through 12.
534 Section 6. Subsection (1) of section 1008.24, Florida
535 Statutes, is amended to read:
536 1008.24 Test administration and security; public records
537 exemption.—
538 (1) A person may not knowingly and willfully violate test
539 security rules adopted by the State Board of Education for
540 mandatory tests administered by or through the State Board of
541 Education or the Commissioner of Education to students,
542 educators, or applicants for certification or administered by
543 school districts pursuant to ss. 1002.69, 1003.52, 1003.56,
544 1007.25, 1007.35, 1008.22, 1008.25, and 1012.56 s. 1008.22, or,
545 with respect to any such test, knowingly and willfully to:
546 (a) Give examinees access to test questions prior to
547 testing;
548 (b) Copy, reproduce, or use in any manner inconsistent with
549 test security rules all or any portion of any secure test
550 booklet;
551 (c) Coach examinees during testing or alter or interfere
552 with examinees’ responses in any way;
553 (d) Make answer keys available to examinees;
554 (e) Fail to follow security rules for distribution and
555 return of secure test as directed, or fail to account for all
556 secure test materials before, during, and after testing;
557 (f) Fail to follow test administration directions specified
558 in the test administration manuals; or
559 (g) Participate in, direct, aid, counsel, assist in, or
560 encourage any of the acts prohibited in this section.
561 Section 7. Paragraph (a) of subsection (1) of section
562 1008.34, Florida Statutes, is amended to read:
563 1008.34 School grading system; school report cards;
564 district grade.—
565 (1) DEFINITIONS.—For purposes of the statewide,
566 standardized assessment program and school grading system, the
567 following terms are defined:
568 (a) “Achievement level,” “student achievement,” or
569 “achievement” describes the level of content mastery a student
570 has acquired in a particular subject as measured by a statewide,
571 standardized assessment administered pursuant to s.
572 1008.22(3)(a) and (b). There are five achievement levels. Level
573 1 is the lowest achievement level, level 5 is the highest
574 achievement level, and level 3 indicates satisfactory
575 performance. A student passes an assessment if the student
576 achieves a level 3, level 4, or level 5. For purposes of the
577 Florida Alternate Assessment administered pursuant to s.
578 1008.22(3)(d) s. 1008.22(3)(c), the state board shall provide,
579 in rule, the number of achievement levels and identify the
580 achievement levels that are considered passing.
581 Section 8. Subsection (2) of section 1008.3415, Florida
582 Statutes, is amended to read:
583 1008.3415 School grade or school improvement rating for
584 exceptional student education centers.—
585 (2) Notwithstanding s. 1008.34, the achievement levels and
586 Learning Gains of a student with a disability who attends an
587 exceptional student education center and has not been enrolled
588 in or attended a public school other than an exceptional student
589 education center for grades K-12 within the school district
590 shall not be included in the calculation of the home school’s
591 grade if the student is identified as an emergent student on the
592 alternate assessment described in s. 1008.22(3)(d) s.
593 1008.22(3)(c).
594 Section 9. Paragraph (i) is added to subsection (4) of
595 section 1009.286, Florida Statutes, to read:
596 1009.286 Additional student payment for hours exceeding
597 baccalaureate degree program completion requirements at state
598 universities.—
599 (4) For purposes of this section, credit hours earned under
600 the following circumstances are not calculated as hours required
601 to earn a baccalaureate degree:
602 (i) Credit hours earned to meet the requirements of s.
603 1007.25(4).
604 Section 10. This act shall take effect July 1, 2021.