Florida Senate - 2021                      CS for CS for SB 1108
       By the Committees on Appropriations; and Judiciary; and Senator
       576-04464-21                                          20211108c2
    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         creating s. 1002.334, F.S.; establishing the
   15         Innovative Blended Learning and Real-Time Student
   16         Assessment Pilot Program within the department;
   17         providing the purpose of the program; defining the
   18         term “innovative blended learning”; specifying program
   19         eligibility; requiring program applicants to submit
   20         applications to the department in a format prescribed
   21         by the department; requiring program applications to
   22         include specified information; requiring applications
   23         to be considered only for synchronous innovative
   24         blended learning programs; requiring the Commissioner
   25         of Education to select applicants to participate in
   26         the program; providing a start date for the program;
   27         providing for funding; authorizing the commissioner to
   28         remove an approved applicant from the program under
   29         certain circumstances; providing for future
   30         expiration; amending s. 1003.4282, F.S.; deleting
   31         obsolete language; requiring certain students to take
   32         a specified assessment relating to civic literacy;
   33         providing that such assessment meets certain
   34         postsecondary requirements under specified
   35         circumstances; conforming a cross-reference; amending
   36         s. 1007.25, F.S.; requiring certain postsecondary
   37         students to complete a civic literacy course and pass
   38         a specified assessment to demonstrate competency in
   39         civic literacy; authorizing students to meet the
   40         assessment requirements in high school; providing for
   41         rulemaking; authorizing the development of new civic
   42         literacy courses; providing requirements for such
   43         courses; amending s. 1008.212, F.S.; conforming cross
   44         references; amending s. 1008.22, F.S.; revising the
   45         purpose of the assessment program; deleting obsolete
   46         language; requiring that certain assessments be given
   47         in a paper-based format; requiring school districts to
   48         provide the SAT or ACT to grade 11 students beginning
   49         in a specified school year; requiring school districts
   50         to choose which assessment to administer; deleting
   51         specified reporting requirements; deleting a
   52         requirement that the Commissioner of Education
   53         maintain a specified item bank; deleting specified
   54         requirements for the date of the administration of
   55         specified assessments; revising a deadline for the
   56         publication of certain assessments; conforming
   57         provisions to changes made by the act; amending s.
   58         1008.24, F.S.; revising the tests that are included
   59         under test administration and security rules; amending
   60         ss. 1008.34 and 1008.3415, F.S.; conforming cross
   61         references; amending s. 1009.286, F.S.; providing an
   62         additional exception to credit hours used when
   63         calculating baccalaureate degrees; providing an
   64         effective date.
   66  Be It Enacted by the Legislature of the State of Florida:
   68         Section 1. Subsection (5) is added to section 1001.23,
   69  Florida Statutes, to read:
   70         1001.23 Specific powers and duties of the Department of
   71  Education.—In addition to all other duties assigned to it by law
   72  or by rule of the State Board of Education, the department
   73  shall:
   74         (5)Notwithstanding the provisions of chapter 286, have the
   75  authority to hold patents, copyrights, trademarks, and service
   76  marks. The department may take any action necessary to enforce
   77  its rights with respect to such patents, copyrights, trademarks,
   78  and service marks or enter into a transaction to sell, lease,
   79  license, or transfer such rights for monetary gain or other
   80  consideration at the discretion of the department. The
   81  department shall notify the Department of State in writing when
   82  property rights by patent, copyright, trademark, or service
   83  marks are secured by the department. Except for educational
   84  materials and products, any proceeds received by the department
   85  from the exercise of such rights shall be deposited in the
   86  department’s Operating Trust Fund.
   87         Section 2. Section 1002.334, Florida Statutes, is created
   88  to read:
   89         1002.334Innovative Blended Learning and Real-Time Student
   90  Assessment Pilot Program.—
   91         (1)There is created within the Department of Education the
   92  Innovative Blended Learning and Real-Time Student Assessment
   93  Pilot Program. The purpose of the program is to develop and
   94  measure innovative blended learning and real-time weekly student
   95  assessment educational models that improve the educational
   96  progress of this state’s students and help close achievement
   97  gaps for this state’s traditionally underserved students.
   98         (2)As used in this section, the term “innovative blended
   99  learning” means:
  100         (a)A mode of learning where in-person and remote students
  101  are combined in one classroom environment where the education,
  102  instruction, and engagement occurs at the same time with the
  103  teacher and other students physically present in the classroom;
  104  and
  105         (b)For a given course, students learn in part through
  106  online delivery of content and instruction with some element of
  107  student control over time, place, path, or pace and in part at a
  108  traditional supervised classroom location away from home.
  109         (3)To be eligible to work with the program, an applicant
  110  must be:
  111         (a)A high-performing charter school under s. 1002.331;
  112         (b)A high-performing charter school system under s.
  113  1002.332; or
  114         (c)An academically high-performing school district
  115  pursuant to s. 1003.621.
  116         (4)A program applicant must submit an application to the
  117  department in a format prescribed by the department. The
  118  application must include all of the following:
  119         (a)A plan for the synchronous technological and resource
  120  design, curriculum, classroom operation, school or district
  121  management, privacy protection and teacher professional
  122  development, and at least weekly progress monitoring of real
  123  time student performance in innovative blended learning
  124  programs.
  125         (b)A plan to reduce achievement gaps through innovative
  126  blended learning.
  127         (c)A requirement that distance learning will always be at
  128  the choosing of the student or the student’s parent or guardian
  129  and that a family will never be coerced to choose distance
  130  learning.
  131         (d)A requirement that a participating classroom may not be
  132  fully virtual such that at least two-thirds of the students in a
  133  class must be present for in-person learning on any regularly
  134  scheduled school day.
  135         (e)A requirement that any struggling student who is
  136  participating in this program and who, according to progress
  137  monitoring data, is on pace to learn less than a year’s content
  138  in a year’s time must return to learning in person.
  139         (f)A requirement that any student can choose to switch
  140  learning modalities, in person or distance, on any given day,
  141  without notice and therefore a seat must always be available for
  142  every student registered to take any participating course.
  143         (g)A requirement that the applicant provide all requested
  144  student-level data from participating schools, including, as
  145  necessary, benchmark historical data for up to the prior 3
  146  school years, to the department upon request.
  147         (5)Applications may be considered only for synchronous
  148  innovative blended learning programs.
  149         (6)The Commissioner of Education shall select applicants
  150  to participate in the program.
  151         (7)Districts and schools may not begin approved
  152  synchronous innovative blended learning programs until October
  153  1, 2021.
  154         (8)(a)Applicants approved by the commissioner shall
  155  receive funding based upon the number of full-time equivalent
  156  students being educated under the pilot program, as if each
  157  student were being educated full-time in person at his or her
  158  respective school.
  159         (b)The commissioner may remove an approved applicant from
  160  program participation if the applicant fails to maintain the
  161  designations listed in subsection (3) or the applicant fails to
  162  meet any of the requirements listed in subsection (4).
  163         (9)This section expires July 1, 2024.
  164         Section 3. Paragraphs (a) and (d) of subsection (3),
  165  subsection (7), and paragraph (e) of subsection (10) of section
  166  1003.4282, Florida Statutes, are amended to read:
  167         1003.4282 Requirements for a standard high school diploma.—
  170         (a) Four credits in English Language Arts (ELA).—The four
  171  credits must be in ELA I, II, III, and IV. A student must pass
  172  the statewide, standardized grade 10 Reading assessment or, when
  173  implemented, the grade 10 ELA assessment, or earn a concordant
  174  score, in order to earn a standard high school diploma.
  175         (d) Three credits in social studies.—A student must earn
  176  one credit in United States History; one credit in World
  177  History; one-half credit in economics; and one-half credit in
  178  United States Government. The United States History EOC
  179  assessment constitutes 30 percent of the student’s final course
  180  grade. Beginning with the 2021-2022 school year, students taking
  181  the United States Government course are required to take the
  182  assessment of civic literacy identified by the State Board of
  183  Education pursuant to s. 1007.25(4). Students earning a passing
  184  score on the assessment are exempt from the postsecondary civic
  185  literacy assessment required by s. 1007.25(4).
  186         (7) UNIFORM TRANSFER OF HIGH SCHOOL CREDITS.—Beginning with
  187  the 2012-2013 school year, if a student transfers to a Florida
  188  public high school from out of country, out of state, a private
  189  school, or a home education program and the student’s transcript
  190  shows a credit in Algebra I, the student must pass the
  191  statewide, standardized Algebra I EOC assessment in order to
  192  earn a standard high school diploma unless the student earned a
  193  comparative score, passed a statewide assessment in Algebra I
  194  administered by the transferring entity, or passed the statewide
  195  mathematics assessment the transferring entity uses to satisfy
  196  the requirements of the Elementary and Secondary Education Act,
  197  as amended by the Every Student Succeeds Act (ESSA), 20 U.S.C.
  198  ss. 6301 et seq. If a student’s transcript shows a credit in
  199  high school reading or English Language Arts II or III, in order
  200  to earn a standard high school diploma, the student must take
  201  and pass the statewide, standardized grade 10 Reading assessment
  202  or, when implemented, the grade 10 ELA assessment, or earn a
  203  concordant score. If a transfer student’s transcript shows a
  204  final course grade and course credit in Algebra I, Geometry,
  205  Biology I, or United States History, the transferring course
  206  final grade and credit shall be honored without the student
  207  taking the requisite statewide, standardized EOC assessment and
  208  without the assessment results constituting 30 percent of the
  209  student’s final course grade.
  210         (10) STUDENTS WITH DISABILITIES.—Beginning with students
  211  entering grade 9 in the 2014-2015 school year, this subsection
  212  applies to a student with a disability.
  213         (e) Any waiver of the statewide, standardized assessment
  214  requirements by the individual education plan team, pursuant to
  215  s. 1008.22(3)(d) s. 1008.22(3)(c), must be approved by the
  216  parent and is subject to verification for appropriateness by an
  217  independent reviewer selected by the parent as provided for in
  218  s. 1003.572.
  220  The State Board of Education shall adopt rules under ss.
  221  120.536(1) and 120.54 to implement this subsection, including
  222  rules that establish the minimum requirements for students
  223  described in this subsection to earn a standard high school
  224  diploma. The State Board of Education shall adopt emergency
  225  rules pursuant to ss. 120.536(1) and 120.54.
  226         Section 4. Subsection (4) of section 1007.25, Florida
  227  Statutes, is amended to read:
  228         1007.25 General education courses; common prerequisites;
  229  other degree requirements.—
  230         (4)(a) Beginning with students initially entering a Florida
  231  College System institution or state university in the 2018-2019
  232  school year and thereafter, each student must demonstrate
  233  competency in civic literacy. Students must have the option to
  234  demonstrate competency either through successful completion of a
  235  civic literacy course or by achieving a passing score on an
  236  assessment. The State Board of Education must adopt in rule and
  237  the Board of Governors must adopt in regulation at least one
  238  existing assessment that measures competencies consistent with
  239  the required course competencies outlined in subparagraph (b)2
  240  paragraph (b).
  241         (b)Beginning with students initially entering a Florida
  242  College System institution or state university in the 2021-2022
  243  school year and thereafter, each student must demonstrate
  244  competency in civic literacy by achieving a passing score on an
  245  assessment and by successfully completing a civic literacy
  246  course. Credits earned for such courses via articulated
  247  acceleration mechanisms in s. 1007.27 will count toward the
  248  civic literacy competency requirement. The State Board of
  249  Education and the Board of Governors shall adopt by rule and
  250  regulation, respectively, approved assessments that address the
  251  competencies in subparagraph 2. and courses that meet the
  252  requirements in subparagraph 1. The chair of the State Board of
  253  Education and the chair of the Board of Governors, or their
  254  respective designees, shall jointly appoint a faculty committee
  255  to:
  256         1.(a) Develop one or more a new courses course in civic
  257  literacy or revise an existing general education core course in
  258  American History or American Government to include, at a
  259  minimum, opportunities to engage synchronously in political
  260  discussions and civil debates with multiple points of view and
  261  to master the ability to synthesize information that informs
  262  civic decisionmaking civic literacy.
  263         2.(b) Establish course competencies and identify outcomes
  264  that include, at a minimum, an understanding of the basic
  265  principles of American democracy and how they are applied in our
  266  republican form of government, an understanding of the United
  267  States Constitution, knowledge of the founding documents and how
  268  they have shaped the nature and functions of our institutions of
  269  self-governance, and an understanding of landmark Supreme Court
  270  cases and their impact on law and society.
  271         Section 5. Paragraph (a) of subsection (1) and subsection
  272  (2) of section 1008.212, Florida Statutes, are amended to read:
  273         1008.212 Students with disabilities; extraordinary
  274  exemption.—
  275         (1) As used in this section, the term:
  276         (a) “Circumstance” means a situation in which
  277  accommodations allowable for use on the statewide standardized
  278  assessment, a statewide standardized end-of-course assessment,
  279  or an alternate assessment pursuant to s. 1008.22(3)(d) s.
  280  1008.22(3)(c) are not offered to a student during the current
  281  year’s assessment administration due to technological
  282  limitations in the testing administration program which lead to
  283  results that reflect the student’s impaired sensory, manual, or
  284  speaking skills rather than the student’s achievement of the
  285  benchmarks assessed by the statewide standardized assessment, a
  286  statewide standardized end-of-course assessment, or an alternate
  287  assessment.
  288         (2) A student with a disability for whom the individual
  289  education plan (IEP) team determines is prevented by a
  290  circumstance or condition from physically demonstrating the
  291  mastery of skills that have been acquired and are measured by
  292  the statewide standardized assessment, a statewide standardized
  293  end-of-course assessment, or an alternate assessment pursuant to
  294  s. 1008.22(3)(d) s. 1008.22(3)(c) shall be granted an
  295  extraordinary exemption from the administration of the
  296  assessment. A learning, emotional, behavioral, or significant
  297  cognitive disability, or the receipt of services through the
  298  homebound or hospitalized program in accordance with rule 6A
  299  6.03020, Florida Administrative Code, is not, in and of itself,
  300  an adequate criterion for the granting of an extraordinary
  301  exemption.
  302         Section 6. Present paragraph (c) of subsection (3) of
  303  section 1008.22, Florida Statutes, is redesignated as paragraph
  304  (d), a new paragraph (c) is added to that subsection, and
  305  paragraph (a) of subsection (1), paragraphs (a) and (b), present
  306  paragraph (d), and paragraph (g) of subsection (3), subsection
  307  (6), paragraphs (a), (b), (c), and (h) of subsection (7),
  308  subsections (8) and (9), and paragraph (e) of subsection (12) of
  309  that section are amended, to read:
  310         1008.22 Student assessment program for public schools.—
  311         (1) PURPOSE.—The primary purpose of the student assessment
  312  program is to provide student academic achievement and learning
  313  gains data to students, parents, teachers, school
  314  administrators, and school district staff. This data is to be
  315  used by districts to improve instruction; by students, parents,
  316  and teachers to guide learning objectives; by education
  317  researchers to assess national and international education
  318  comparison data; and by the public to assess the cost benefit of
  319  the expenditure of taxpayer dollars. The program must be
  320  designed to:
  321         (a) Assess the achievement level and annual learning gains
  322  of each student in English Language Arts and mathematics and the
  323  achievement level in all other subjects assessed.
  325  Commissioner of Education shall design and implement a
  326  statewide, standardized assessment program aligned to the core
  327  curricular content established in the Next Generation Sunshine
  328  State Standards. The commissioner also must develop or select
  329  and implement a common battery of assessment tools that will be
  330  used in all juvenile justice education programs in the state.
  331  These tools must accurately measure the core curricular content
  332  established in the Next Generation Sunshine State Standards.
  333  Participation in the assessment program is mandatory for all
  334  school districts and all students attending public schools,
  335  including adult students seeking a standard high school diploma
  336  under s. 1003.4282 and students in Department of Juvenile
  337  Justice education programs, except as otherwise provided by law.
  338  If a student does not participate in the assessment program, the
  339  school district must notify the student’s parent and provide the
  340  parent with information regarding the implications of such
  341  nonparticipation. The statewide, standardized assessment program
  342  shall be designed and implemented as follows:
  343         (a) Statewide, standardized comprehensive assessments.—The
  344  statewide, standardized Reading assessment shall be administered
  345  annually in grades 3 through 10. The statewide, standardized
  346  Writing assessment shall be administered annually at least once
  347  at the elementary, middle, and high school levels. When the
  348  Reading and Writing assessments are replaced by English Language
  349  Arts (ELA) assessments, ELA assessments shall be administered to
  350  students in grades 3 through 10. Retake opportunities for the
  351  grade 10 Reading assessment or, upon implementation, the grade
  352  10 ELA assessment must be provided. Students taking the ELA
  353  assessments shall not take the statewide, standardized
  354  assessments in Reading or Writing. Reading passages and writing
  355  prompts for ELA assessments shall incorporate grade-level core
  356  curricula content from social studies. The statewide,
  357  standardized Mathematics assessments shall be administered
  358  annually in grades 3 through 8. Students taking a revised
  359  Mathematics assessment shall not take the discontinued
  360  assessment. The statewide, standardized Science assessment shall
  361  be administered annually at least once at the elementary and
  362  middle grades levels. In order to earn a standard high school
  363  diploma, a student who has not earned a passing score on the
  364  grade 10 Reading assessment or, upon implementation, the grade
  365  10 ELA assessment must earn a passing score on the assessment
  366  retake or earn a concordant score as authorized under subsection
  367  (9). Statewide, standardized ELA and Mathematics assessments in
  368  grades 3 through 6 must be delivered in a paper-based format.
  369         (b) End-of-course (EOC) assessments.—EOC assessments must
  370  be statewide, standardized, and developed or approved by the
  371  Department of Education as follows:
  372         1. EOC assessments for Algebra I, Geometry, Biology I,
  373  United States History, and Civics shall be administered to
  374  students enrolled in such courses as specified in the course
  375  code directory.
  376         2. Students enrolled in a course, as specified in the
  377  course code directory, with an associated statewide,
  378  standardized EOC assessment must take the EOC assessment for
  379  such course and may not take the corresponding subject or grade
  380  level statewide, standardized assessment pursuant to paragraph
  381  (a). Sections 1003.4156 and 1003.4282 govern the use of
  382  statewide, standardized EOC assessment results for students.
  383         3. The commissioner may select one or more nationally
  384  developed comprehensive examinations, which may include
  385  examinations for a College Board Advanced Placement course,
  386  International Baccalaureate course, or Advanced International
  387  Certificate of Education course, or industry-approved
  388  examinations to earn national industry certifications identified
  389  in the CAPE Industry Certification Funding List, for use as EOC
  390  assessments under this paragraph if the commissioner determines
  391  that the content knowledge and skills assessed by the
  392  examinations meet or exceed the grade-level expectations for the
  393  core curricular content established for the course in the Next
  394  Generation Sunshine State Standards. Use of any such examination
  395  as an EOC assessment must be approved by the state board in
  396  rule.
  397         4. Contingent upon funding provided in the General
  398  Appropriations Act, including the appropriation of funds
  399  received through federal grants, the commissioner may establish
  400  an implementation schedule for the development and
  401  administration of additional statewide, standardized EOC
  402  assessments that must be approved by the state board in rule. If
  403  approved by the state board, student performance on such
  404  assessments constitutes 30 percent of a student’s final course
  405  grade.
  406         5. All statewide, standardized EOC assessments must be
  407  administered online except as otherwise provided in paragraph
  408  (d) (c).
  409         6. A student enrolled in an Advanced Placement (AP),
  410  International Baccalaureate (IB), or Advanced International
  411  Certificate of Education (AICE) course who takes the respective
  412  AP, IB, or AICE assessment and earns the minimum score necessary
  413  to earn college credit, as identified in s. 1007.27(2), meets
  414  the requirements of this paragraph and does not have to take the
  415  EOC assessment for the corresponding course.
  416         (c)Nationally recognized high school assessments.—Each
  417  school district shall, by the 2021-2022 school year and subject
  418  to appropriation, select either the SAT or ACT for districtwide
  419  administration to each public school student in grade 11,
  420  including students attending public high schools, alternative
  421  schools, and Department of Juvenile Justice education programs.
  422         (d)Implementation schedule.
  423         1.The Commissioner of Education shall establish and
  424  publish on the department’s website an implementation schedule
  425  to transition from the statewide, standardized Reading and
  426  Writing assessments to the ELA assessments and to the revised
  427  Mathematics assessments, including the Algebra I and Geometry
  428  EOC assessments. The schedule must take into consideration
  429  funding, sufficient field and baseline data, access to
  430  assessments, instructional alignment, and school district
  431  readiness to administer the assessments online. All such
  432  assessments must be delivered through computer-based testing,
  433  however, the following assessments must be delivered in a
  434  computer-based format, as follows: the grade 3 Mathematics
  435  assessment beginning in the 2016-2017 school year; the grade 4
  436  ELA assessment, beginning in the 2015-2016 school year; and the
  437  grade 4 Mathematics assessment, beginning in the 2016-2017
  438  school year. Notwithstanding the requirements of this
  439  subparagraph, statewide, standardized ELA and mathematics
  440  assessments in grades 3 through 6 must be delivered only in a
  441  paper-based format, beginning with the 2017-2018 school year,
  442  and all such assessments must be paper-based no later than the
  443  2018-2019 school year.
  444         2.The Department of Education shall publish minimum and
  445  recommended technology requirements that include specifications
  446  for hardware, software, networking, security, and broadband
  447  capacity to facilitate school district compliance with the
  448  requirements of this section.
  449         (g) Contracts for assessments.—
  450         1. The commissioner shall provide for the assessments to be
  451  developed or obtained, as appropriate, through contracts and
  452  project agreements with private vendors, public vendors, public
  453  agencies, postsecondary educational institutions, or school
  454  districts. The commissioner may enter into contracts for the
  455  continued administration of the assessments authorized and
  456  funded by the Legislature. Contracts may be initiated in 1
  457  fiscal year and continue into the next fiscal year and may be
  458  paid from the appropriations of either or both fiscal years. The
  459  commissioner may negotiate for the sale or lease of tests,
  460  scoring protocols, test scoring services, and related materials
  461  developed pursuant to law.
  462         2.A student’s performance results on statewide,
  463  standardized assessments, EOC assessments, and Florida
  464  Alternative Assessments administered pursuant to this subsection
  465  must be provided to the student’s teachers and parents by the
  466  end of the school year, unless the commissioner determines that
  467  extenuating circumstances exist and reports the extenuating
  468  circumstances to the State Board of Education. This subparagraph
  469  does not apply to existing contracts for such assessments, but
  470  shall apply to new contracts and any renewal of existing
  471  contracts for such assessments.
  472         3.If liquidated damages are applicable, the department
  473  shall collect liquidated damages that are due in response to the
  474  administration of the spring 2015 computer-based assessments of
  475  the department’s Florida Standards Assessment contract with
  476  American Institutes for Research, and expend the funds to
  477  reimburse parties that incurred damages.
  479  STANDARDS.—
  480         (a) Measurement of student performance is the
  481  responsibility of school districts except in those subjects and
  482  grade levels measured under the statewide, standardized
  483  assessment program described in this section. When available,
  484  instructional personnel must be provided with information on
  485  student achievement of standards and benchmarks in order to
  486  improve instruction.
  487         (b)The Commissioner of Education shall assist and support
  488  districts in measuring student performance on the state
  489  standards by maintaining a statewide item bank, facilitating the
  490  sharing of developed tests or test items among school districts,
  491  and providing technical assistance in best assessment practices.
  492  The commissioner may discontinue the item bank if he or she
  493  determines that district participation is insufficient for its
  494  sustainability.
  496         (a) The Commissioner of Education shall establish schedules
  497  for the administration of statewide, standardized assessments
  498  and the reporting of student assessment results. The
  499  commissioner shall consider the observance of religious and
  500  school holidays when developing the schedules. The assessment
  501  and reporting schedules must provide the earliest possible
  502  reporting of student assessment results to the school districts,
  503  consistent with the requirements of paragraph (3)(g). Assessment
  504  results for the statewide, standardized ELA and mathematics
  505  assessments and all statewide, standardized EOC assessments must
  506  be made available no later than June 30, except for results for
  507  the grade 3 statewide, standardized ELA assessment, which must
  508  be made available no later than May 31. School districts shall
  509  administer statewide, standardized assessments in accordance
  510  with the schedule established by the commissioner.
  511         (b) By January of each year, beginning in 2018, the
  512  commissioner shall publish on the department’s website a uniform
  513  calendar that includes the assessment and reporting schedules
  514  for, at a minimum, the next 2 school years. The uniform calendar
  515  must be provided to school districts in an electronic format
  516  that allows each school district and public school to populate
  517  the calendar with, at minimum, the following information for
  518  reporting the district assessment schedules under paragraph (d):
  519         1. Whether the assessment is a district-required assessment
  520  or a state-required assessment.
  521         2. The specific date or dates that each assessment will be
  522  administered.
  523         3. The time allotted to administer each assessment.
  524         4. Whether the assessment is a computer-based assessment or
  525  a paper-based assessment.
  526         5. The grade level or subject area associated with the
  527  assessment.
  528         6. The date that the assessment results are expected to be
  529  available to teachers and parents.
  530         7. The type of assessment, the purpose of the assessment,
  531  and the use of the assessment results.
  532         8. A glossary of assessment terminology.
  533         9. Estimates of average time for administering state
  534  required and district-required assessments, by grade level.
  535         (c) Beginning with the 2018-2019 school year, The spring
  536  administration of the statewide, standardized assessments in
  537  paragraphs (3)(a) and (b), excluding assessment retakes, must be
  538  in accordance with the following schedule:
  539         1. The grade 3 statewide, standardized ELA assessment and
  540  the writing portion of the statewide, standardized ELA
  541  assessment for grades 4 through 10 must be administered no
  542  earlier than April 1 each year within an assessment window not
  543  to exceed 2 weeks.
  544         2. With the exception of assessments identified in
  545  subparagraph 1., any statewide, standardized assessment that is
  546  delivered in a paper-based format must be administered no
  547  earlier than May 1 each year within an assessment window not to
  548  exceed 2 weeks.
  549         3. With the exception of assessments identified in
  550  subparagraphs 1. and 2., any statewide, standardized assessment
  551  must be administered within a 4-week assessment window that
  552  opens no earlier than May 1 each year.
  554  Each school district shall administer the assessments identified
  555  under subparagraphs 2. and 3. no earlier than 4 weeks before the
  556  last day of school for the district.
  557         (h) The results of statewide, standardized assessment in
  558  ELA and mathematics, science, and social studies assessments,
  559  including assessment retakes, shall be reported in an easy-to
  560  read and understandable format and delivered in time to provide
  561  useful, actionable information to students, parents, and each
  562  student’s current teacher of record and teacher of record for
  563  the subsequent school year; however, in any case, the district
  564  shall provide the results pursuant to this paragraph within 1
  565  week after receiving the results from the department. A report
  566  of student assessment results must, at a minimum, contain:
  567         1. A clear explanation of the student’s performance on the
  568  applicable statewide, standardized assessments.
  569         2. Information identifying the student’s areas of strength
  570  and areas in need of improvement.
  571         3. Specific actions that may be taken, and the available
  572  resources that may be used, by the student’s parent to assist
  573  his or her child based on the student’s areas of strength and
  574  areas in need of improvement.
  575         4. Longitudinal information, if available, on the student’s
  576  progress in each subject area based on previous statewide,
  577  standardized assessment data.
  578         5. Comparative information showing the student’s score
  579  compared to other students in the school district, in the state,
  580  or, if available, in other states.
  581         6. Predictive information, if available, showing the
  582  linkage between the scores attained by the student on the
  583  statewide, standardized assessments and the scores he or she may
  584  potentially attain on nationally recognized college entrance
  585  examinations.
  586         (8) PUBLICATION OF ASSESSMENTS.—To promote transparency in
  587  the statewide assessment program, in any procurement for the
  588  statewide, standardized assessment in ELA, assessment in grades
  589  3 through 10 and the mathematics, science, and social studies
  590  assessment in grades 3 through 8, the Department of Education
  591  shall solicit cost proposals for publication of the state
  592  assessments on its website in accordance with this subsection.
  593         (a) The department shall publish each assessment
  594  administered under paragraph (3)(a) and subparagraph (3)(b)1.,
  595  excluding assessment retakes, at least once on a triennial basis
  596  pursuant to a schedule determined by the Commissioner of
  597  Education. Each assessment, when published, must have been
  598  administered during the most recent school year and be in a
  599  format that facilitates the sharing of assessment items.
  600         (b) The initial publication of assessments must occur no
  601  later than June 30, 2024 June 30, 2021, subject to
  602  appropriation, and must include, at a minimum, the grade 3 ELA
  603  and mathematics assessments, the grade 10 ELA assessment, and
  604  the Algebra I EOC assessment.
  605         (c) The department must provide materials on its website to
  606  help the public interpret assessment information published
  607  pursuant to this subsection.
  608         (9) CONCORDANT SCORES.—The Commissioner of Education must
  609  identify scores on the SAT and ACT that if achieved satisfy the
  610  graduation requirement that a student pass the grade 10
  611  statewide, standardized Reading assessment or, upon
  612  implementation, the grade 10 ELA assessment. The commissioner
  613  may identify concordant scores on assessments other than the SAT
  614  and ACT. If the content or scoring procedures change for the
  615  grade 10 Reading assessment or, upon implementation, the grade
  616  10 ELA assessment, new concordant scores must be determined. If
  617  new concordant scores are not timely adopted, the last-adopted
  618  concordant scores remain in effect until such time as new scores
  619  are adopted. The state board shall adopt concordant scores in
  620  rule.
  621         (12) REPORTS.—The Department of Education shall annually
  622  provide a report to the Governor, the President of the Senate,
  623  and the Speaker of the House of Representatives which shall
  624  include the following:
  625         (e)The number of students who after 8th grade enroll in
  626  adult education rather than other secondary education, which is
  627  defined as grades 9 through 12.
  628         Section 7. Subsection (1) of section 1008.24, Florida
  629  Statutes, is amended to read:
  630         1008.24 Test administration and security; public records
  631  exemption.—
  632         (1) A person may not knowingly and willfully violate test
  633  security rules adopted by the State Board of Education for
  634  mandatory tests administered by or through the State Board of
  635  Education or the Commissioner of Education to students,
  636  educators, or applicants for certification or administered by
  637  school districts pursuant to ss. 1002.69, 1003.52, 1003.56,
  638  1007.25, 1007.35, 1008.22, 1008.25, and 1012.56 s. 1008.22, or,
  639  with respect to any such test, knowingly and willfully to:
  640         (a) Give examinees access to test questions prior to
  641  testing;
  642         (b) Copy, reproduce, or use in any manner inconsistent with
  643  test security rules all or any portion of any secure test
  644  booklet;
  645         (c) Coach examinees during testing or alter or interfere
  646  with examinees’ responses in any way;
  647         (d) Make answer keys available to examinees;
  648         (e) Fail to follow security rules for distribution and
  649  return of secure test as directed, or fail to account for all
  650  secure test materials before, during, and after testing;
  651         (f) Fail to follow test administration directions specified
  652  in the test administration manuals; or
  653         (g) Participate in, direct, aid, counsel, assist in, or
  654  encourage any of the acts prohibited in this section.
  655         Section 8. Paragraph (a) of subsection (1) of section
  656  1008.34, Florida Statutes, is amended to read:
  657         1008.34 School grading system; school report cards;
  658  district grade.—
  659         (1) DEFINITIONS.—For purposes of the statewide,
  660  standardized assessment program and school grading system, the
  661  following terms are defined:
  662         (a) “Achievement level,” “student achievement,” or
  663  “achievement” describes the level of content mastery a student
  664  has acquired in a particular subject as measured by a statewide,
  665  standardized assessment administered pursuant to s.
  666  1008.22(3)(a) and (b). There are five achievement levels. Level
  667  1 is the lowest achievement level, level 5 is the highest
  668  achievement level, and level 3 indicates satisfactory
  669  performance. A student passes an assessment if the student
  670  achieves a level 3, level 4, or level 5. For purposes of the
  671  Florida Alternate Assessment administered pursuant to s.
  672  1008.22(3)(d) s. 1008.22(3)(c), the state board shall provide,
  673  in rule, the number of achievement levels and identify the
  674  achievement levels that are considered passing.
  675         Section 9. Subsection (2) of section 1008.3415, Florida
  676  Statutes, is amended to read:
  677         1008.3415 School grade or school improvement rating for
  678  exceptional student education centers.—
  679         (2) Notwithstanding s. 1008.34, the achievement levels and
  680  Learning Gains of a student with a disability who attends an
  681  exceptional student education center and has not been enrolled
  682  in or attended a public school other than an exceptional student
  683  education center for grades K-12 within the school district
  684  shall not be included in the calculation of the home school’s
  685  grade if the student is identified as an emergent student on the
  686  alternate assessment described in s. 1008.22(3)(d) s.
  687  1008.22(3)(c).
  688         Section 10. Paragraph (i) is added to subsection (4) of
  689  section 1009.286, Florida Statutes, to read:
  690         1009.286 Additional student payment for hours exceeding
  691  baccalaureate degree program completion requirements at state
  692  universities.—
  693         (4) For purposes of this section, credit hours earned under
  694  the following circumstances are not calculated as hours required
  695  to earn a baccalaureate degree:
  696         (i)Credit hours earned to meet the requirements of s.
  697  1007.25(4).
  698         Section 11. This act shall take effect July 1, 2021.