Florida Senate - 2021                             CS for SB 1108
       By the Committee on Judiciary; and Senator Diaz
       590-03163-21                                          20211108c1
    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.
   50  Be It Enacted by the Legislature of the State of Florida:
   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.—
   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.
  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.
  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 Department of Juvenile Justice education programs.
  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.
  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.
  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.
  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.