CS for CS for SB 1108                            First Engrossed
    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. 1003.4996, F.S.; extending the timeframe for the
   37         Competency-Based Education Pilot Program; amending s.
   38         1007.25, F.S.; requiring certain postsecondary
   39         students to complete a civic literacy course and pass
   40         a specified assessment to demonstrate competency in
   41         civic literacy; authorizing students to meet the
   42         assessment requirements in high school; providing for
   43         rulemaking; authorizing the development of new civic
   44         literacy courses; providing requirements for such
   45         courses; amending s. 1008.212, F.S.; conforming cross
   46         references; amending s. 1008.22, F.S.; revising the
   47         purpose of the assessment program; deleting obsolete
   48         language; requiring that certain assessments be given
   49         in a paper-based format; requiring school districts to
   50         provide the SAT or ACT to grade 11 students beginning
   51         in a specified school year; requiring school districts
   52         to choose which assessment to administer; deleting
   53         specified reporting requirements; deleting a
   54         requirement that the Commissioner of Education
   55         maintain a specified item bank; deleting specified
   56         requirements for the date of the administration of
   57         specified assessments; revising a deadline for the
   58         publication of certain assessments; conforming
   59         provisions to changes made by the act; amending s.
   60         1008.24, F.S.; revising the tests that are included
   61         under test administration and security rules; amending
   62         ss. 1008.34 and 1008.3415, F.S.; conforming cross
   63         references; amending s. 1009.286, F.S.; providing an
   64         additional exception to credit hours used when
   65         calculating baccalaureate degrees; providing an
   66         effective date.
   68  Be It Enacted by the Legislature of the State of Florida:
   70         Section 1. Subsection (5) is added to section 1001.23,
   71  Florida Statutes, to read:
   72         1001.23 Specific powers and duties of the Department of
   73  Education.—In addition to all other duties assigned to it by law
   74  or by rule of the State Board of Education, the department
   75  shall:
   76         (5)Notwithstanding the provisions of chapter 286, have the
   77  authority to hold patents, copyrights, trademarks, and service
   78  marks. The department may take any action necessary to enforce
   79  its rights with respect to such patents, copyrights, trademarks,
   80  and service marks or enter into a transaction to sell, lease,
   81  license, or transfer such rights for monetary gain or other
   82  consideration at the discretion of the department. The
   83  department shall notify the Department of State in writing when
   84  property rights by patent, copyright, trademark, or service
   85  marks are secured by the department. Except for educational
   86  materials and products, any proceeds received by the department
   87  from the exercise of such rights shall be deposited in the
   88  department’s Operating Trust Fund.
   89         Section 2. Section 1002.334, Florida Statutes, is created
   90  to read:
   91         1002.334Innovative Blended Learning and Real-Time Student
   92  Assessment Pilot Program.—
   93         (1)There is created within the Department of Education the
   94  Innovative Blended Learning and Real-Time Student Assessment
   95  Pilot Program. The purpose of the program is to develop and
   96  measure innovative blended learning and real-time weekly student
   97  assessment educational models that improve the educational
   98  progress of this state’s students and help close achievement
   99  gaps for this state’s traditionally underserved students.
  100         (2)As used in this section, the term “innovative blended
  101  learning” means:
  102         (a)A mode of learning where in-person and remote students
  103  are combined in one classroom environment where the education,
  104  instruction, and engagement occurs at the same time with the
  105  teacher and other students physically present in the classroom;
  106  and
  107         (b)For a given course, students learn in part through
  108  online delivery of content and instruction with some element of
  109  student control over time, place, path, or pace and in part at a
  110  traditional supervised classroom location away from home.
  111         (3)To be eligible to work with the program, an applicant
  112  must be:
  113         (a)A high-performing charter school under s. 1002.331;
  114         (b)A high-performing charter school system under s.
  115  1002.332; or
  116         (c)An academically high-performing school district
  117  pursuant to s. 1003.621.
  118         (4)A program applicant must submit an application to the
  119  department in a format prescribed by the department. The
  120  application must include all of the following:
  121         (a)A plan for the synchronous technological and resource
  122  design, curriculum, classroom operation, school or district
  123  management, privacy protection and teacher professional
  124  development, and at least weekly progress monitoring of real
  125  time student performance in innovative blended learning
  126  programs.
  127         (b)A plan to reduce achievement gaps through innovative
  128  blended learning.
  129         (c)A requirement that distance learning will always be at
  130  the choosing of the student or the student’s parent or guardian
  131  and that a family will never be coerced to choose distance
  132  learning.
  133         (d)A requirement that a participating classroom may not be
  134  fully virtual such that at least two-thirds of the students in a
  135  class must be present for in-person learning on any regularly
  136  scheduled school day.
  137         (e)A requirement that any struggling student who is
  138  participating in this program and who, according to progress
  139  monitoring data, is on pace to learn less than a year’s content
  140  in a year’s time must return to learning in person.
  141         (f)A requirement that any student can choose to switch
  142  learning modalities, in person or distance, on any given day,
  143  without notice and therefore a seat must always be available for
  144  every student registered to take any participating course.
  145         (g)A requirement that the applicant provide all requested
  146  student-level data from participating schools, including, as
  147  necessary, benchmark historical data for up to the prior 3
  148  school years, to the department upon request.
  149         (5)Applications may be considered only for synchronous
  150  innovative blended learning programs.
  151         (6)The Commissioner of Education shall select applicants
  152  to participate in the program.
  153         (7)Districts and schools may not begin approved
  154  synchronous innovative blended learning programs until October
  155  1, 2021.
  156         (8)(a)Applicants approved by the commissioner shall
  157  receive funding based upon the number of full-time equivalent
  158  students being educated under the pilot program, as if each
  159  student were being educated full-time in person at his or her
  160  respective school.
  161         (b)The commissioner may remove an approved applicant from
  162  program participation if the applicant fails to maintain the
  163  designations listed in subsection (3) or the applicant fails to
  164  meet any of the requirements listed in subsection (4).
  165         (9)This section expires July 1, 2024.
  166         Section 3. Paragraphs (a) and (d) of subsection (3),
  167  subsection (7), and paragraph (e) of subsection (10) of section
  168  1003.4282, Florida Statutes, are amended to read:
  169         1003.4282 Requirements for a standard high school diploma.—
  172         (a) Four credits in English Language Arts (ELA).—The four
  173  credits must be in ELA I, II, III, and IV. A student must pass
  174  the statewide, standardized grade 10 Reading assessment or, when
  175  implemented, the grade 10 ELA assessment, or earn a concordant
  176  score, in order to earn a standard high school diploma.
  177         (d) Three credits in social studies.—A student must earn
  178  one credit in United States History; one credit in World
  179  History; one-half credit in economics; and one-half credit in
  180  United States Government. The United States History EOC
  181  assessment constitutes 30 percent of the student’s final course
  182  grade. Beginning with the 2021-2022 school year, students taking
  183  the United States Government course are required to take the
  184  assessment of civic literacy identified by the State Board of
  185  Education pursuant to s. 1007.25(4). Students earning a passing
  186  score on the assessment are exempt from the postsecondary civic
  187  literacy assessment required by s. 1007.25(4).
  188         (7) UNIFORM TRANSFER OF HIGH SCHOOL CREDITS.—Beginning with
  189  the 2012-2013 school year, if a student transfers to a Florida
  190  public high school from out of country, out of state, a private
  191  school, or a home education program and the student’s transcript
  192  shows a credit in Algebra I, the student must pass the
  193  statewide, standardized Algebra I EOC assessment in order to
  194  earn a standard high school diploma unless the student earned a
  195  comparative score, passed a statewide assessment in Algebra I
  196  administered by the transferring entity, or passed the statewide
  197  mathematics assessment the transferring entity uses to satisfy
  198  the requirements of the Elementary and Secondary Education Act,
  199  as amended by the Every Student Succeeds Act (ESSA), 20 U.S.C.
  200  ss. 6301 et seq. If a student’s transcript shows a credit in
  201  high school reading or English Language Arts II or III, in order
  202  to earn a standard high school diploma, the student must take
  203  and pass the statewide, standardized grade 10 Reading assessment
  204  or, when implemented, the grade 10 ELA assessment, or earn a
  205  concordant score. If a transfer student’s transcript shows a
  206  final course grade and course credit in Algebra I, Geometry,
  207  Biology I, or United States History, the transferring course
  208  final grade and credit shall be honored without the student
  209  taking the requisite statewide, standardized EOC assessment and
  210  without the assessment results constituting 30 percent of the
  211  student’s final course grade.
  212         (10) STUDENTS WITH DISABILITIES.—Beginning with students
  213  entering grade 9 in the 2014-2015 school year, this subsection
  214  applies to a student with a disability.
  215         (e) Any waiver of the statewide, standardized assessment
  216  requirements by the individual education plan team, pursuant to
  217  s. 1008.22(3)(d) s. 1008.22(3)(c), must be approved by the
  218  parent and is subject to verification for appropriateness by an
  219  independent reviewer selected by the parent as provided for in
  220  s. 1003.572.
  222  The State Board of Education shall adopt rules under ss.
  223  120.536(1) and 120.54 to implement this subsection, including
  224  rules that establish the minimum requirements for students
  225  described in this subsection to earn a standard high school
  226  diploma. The State Board of Education shall adopt emergency
  227  rules pursuant to ss. 120.536(1) and 120.54.
  228         Section 4. Section 1003.4996, Florida Statutes, is amended
  229  to read:
  230         1003.4996 Competency-Based Education Pilot Program.
  231  Beginning with the 2016-2017 school year, the Competency-Based
  232  Education Pilot Program is created within the Department of
  233  Education to be administered for a period of 7 5 years. The
  234  purpose of the pilot program is to provide an educational
  235  environment that allows students to advance to higher levels of
  236  learning upon the mastery of concepts and skills through
  237  statutory exemptions relating to student progression and the
  238  awarding of credits.
  239         (1) PARTICIPATION.—The P.K. Yonge Developmental Research
  240  School and the Lake, Palm Beach, Pinellas, and Seminole County
  241  School Districts may submit an application in a format
  242  prescribed by the department to participate in the pilot
  243  program.
  244         (2) APPLICATION.—The application to participate in the
  245  pilot program must, at a minimum, include:
  246         (a) The vision and timelines for the implementation of
  247  competency-based education within the school district, including
  248  a list of the schools that will participate in the pilot program
  249  during the first school year and the list of schools that will
  250  be integrated into the program in subsequent school years.
  251         (b) The annual goals and performance outcomes for
  252  participating schools, including, but not limited to:
  253         1. Student performance as defined in s. 1008.34.
  254         2. Promotion and retention rates.
  255         3. Graduation rates.
  256         4. Indicators of college and career readiness.
  257         (c) A communication plan for parents and other
  258  stakeholders, including local businesses and community members.
  259         (d) The scope of and timelines for professional development
  260  for school instructional and administrative personnel.
  261         (e) A plan for student progression based on the mastery of
  262  content, including mechanisms that determine and ensure that a
  263  student has satisfied the requirements for grade-level promotion
  264  and content mastery.
  265         (f) A plan for using technology and digital and blended
  266  learning to enhance student achievement and facilitate the
  267  competency-based education system.
  268         (g) The proposed allocation of resources for the pilot
  269  program at the school and district levels.
  270         (h) The recruitment and selection of participating schools.
  271         (i) The rules to be waived for participating schools
  272  pursuant to subsection (3) to implement the pilot program.
  273         (3) EXEMPTION FROM RULES.—In addition to the waivers
  274  authorized in s. 1001.10(3), the State Board of Education may
  275  authorize the commissioner to grant an additional waiver of
  276  rules relating to student progression and the awarding of
  277  credits.
  278         (4) STUDENT FUNDING.—Students enrolled in a participating
  279  school shall be reported for and generate funding pursuant to s.
  280  1011.62.
  281         (5) DEPARTMENT DUTIES.—The department shall:
  282         (a) Compile the student and staff schedules of
  283  participating schools before and after implementation of the
  284  pilot program.
  285         (b) Provide participating schools with access to statewide,
  286  standardized assessments required under s. 1008.22.
  287         (c) Annually, by June 1, provide to the Governor, the
  288  President of the Senate, and the Speaker of the House of
  289  Representatives a report summarizing the activities and
  290  accomplishments of the pilot program and any recommendations for
  291  statutory revisions.
  292         (6) RULES.—The State Board of Education shall adopt rules
  293  to administer this section.
  294         Section 5. Subsection (4) of section 1007.25, Florida
  295  Statutes, is amended to read:
  296         1007.25 General education courses; common prerequisites;
  297  other degree requirements.—
  298         (4)(a) Beginning with students initially entering a Florida
  299  College System institution or state university in the 2018-2019
  300  school year and thereafter, each student must demonstrate
  301  competency in civic literacy. Students must have the option to
  302  demonstrate competency either through successful completion of a
  303  civic literacy course or by achieving a passing score on an
  304  assessment. The State Board of Education must adopt in rule and
  305  the Board of Governors must adopt in regulation at least one
  306  existing assessment that measures competencies consistent with
  307  the required course competencies outlined in subparagraph (b)2
  308  paragraph (b).
  309         (b)Beginning with students initially entering a Florida
  310  College System institution or state university in the 2021-2022
  311  school year and thereafter, each student must demonstrate
  312  competency in civic literacy by achieving a passing score on an
  313  assessment and by successfully completing a civic literacy
  314  course. Credits earned for such courses via articulated
  315  acceleration mechanisms in s. 1007.27 will count toward the
  316  civic literacy competency requirement. The State Board of
  317  Education and the Board of Governors shall adopt by rule and
  318  regulation, respectively, approved assessments that address the
  319  competencies in subparagraph 2. and courses that meet the
  320  requirements in subparagraph 1. The chair of the State Board of
  321  Education and the chair of the Board of Governors, or their
  322  respective designees, shall jointly appoint a faculty committee
  323  to:
  324         1.(a) Develop one or more a new courses course in civic
  325  literacy or revise an existing general education core course in
  326  American History or American Government to include, at a
  327  minimum, opportunities to engage synchronously in political
  328  discussions and civil debates with multiple points of view and
  329  to master the ability to synthesize information that informs
  330  civic decisionmaking civic literacy.
  331         2.(b) Establish course competencies and identify outcomes
  332  that include, at a minimum, an understanding of the basic
  333  principles of American democracy and how they are applied in our
  334  republican form of government, an understanding of the United
  335  States Constitution, knowledge of the founding documents and how
  336  they have shaped the nature and functions of our institutions of
  337  self-governance, and an understanding of landmark Supreme Court
  338  cases and their impact on law and society.
  339         Section 6. Paragraph (a) of subsection (1) and subsection
  340  (2) of section 1008.212, Florida Statutes, are amended to read:
  341         1008.212 Students with disabilities; extraordinary
  342  exemption.—
  343         (1) As used in this section, the term:
  344         (a) “Circumstance” means a situation in which
  345  accommodations allowable for use on the statewide standardized
  346  assessment, a statewide standardized end-of-course assessment,
  347  or an alternate assessment pursuant to s. 1008.22(3)(d) s.
  348  1008.22(3)(c) are not offered to a student during the current
  349  year’s assessment administration due to technological
  350  limitations in the testing administration program which lead to
  351  results that reflect the student’s impaired sensory, manual, or
  352  speaking skills rather than the student’s achievement of the
  353  benchmarks assessed by the statewide standardized assessment, a
  354  statewide standardized end-of-course assessment, or an alternate
  355  assessment.
  356         (2) A student with a disability for whom the individual
  357  education plan (IEP) team determines is prevented by a
  358  circumstance or condition from physically demonstrating the
  359  mastery of skills that have been acquired and are measured by
  360  the statewide standardized assessment, a statewide standardized
  361  end-of-course assessment, or an alternate assessment pursuant to
  362  s. 1008.22(3)(d) s. 1008.22(3)(c) shall be granted an
  363  extraordinary exemption from the administration of the
  364  assessment. A learning, emotional, behavioral, or significant
  365  cognitive disability, or the receipt of services through the
  366  homebound or hospitalized program in accordance with rule 6A
  367  6.03020, Florida Administrative Code, is not, in and of itself,
  368  an adequate criterion for the granting of an extraordinary
  369  exemption.
  370         Section 7. Present paragraph (c) of subsection (3) of
  371  section 1008.22, Florida Statutes, is redesignated as paragraph
  372  (d), a new paragraph (c) is added to that subsection, and
  373  paragraph (a) of subsection (1), paragraphs (a) and (b), present
  374  paragraph (d), and paragraph (g) of subsection (3), subsection
  375  (6), paragraphs (a), (b), (c), and (h) of subsection (7),
  376  subsections (8) and (9), and paragraph (e) of subsection (12) of
  377  that section are amended, to read:
  378         1008.22 Student assessment program for public schools.—
  379         (1) PURPOSE.—The primary purpose of the student assessment
  380  program is to provide student academic achievement and learning
  381  gains data to students, parents, teachers, school
  382  administrators, and school district staff. This data is to be
  383  used by districts to improve instruction; by students, parents,
  384  and teachers to guide learning objectives; by education
  385  researchers to assess national and international education
  386  comparison data; and by the public to assess the cost benefit of
  387  the expenditure of taxpayer dollars. The program must be
  388  designed to:
  389         (a) Assess the achievement level and annual learning gains
  390  of each student in English Language Arts and mathematics and the
  391  achievement level in all other subjects assessed.
  393  Commissioner of Education shall design and implement a
  394  statewide, standardized assessment program aligned to the core
  395  curricular content established in the Next Generation Sunshine
  396  State Standards. The commissioner also must develop or select
  397  and implement a common battery of assessment tools that will be
  398  used in all juvenile justice education programs in the state.
  399  These tools must accurately measure the core curricular content
  400  established in the Next Generation Sunshine State Standards.
  401  Participation in the assessment program is mandatory for all
  402  school districts and all students attending public schools,
  403  including adult students seeking a standard high school diploma
  404  under s. 1003.4282 and students in Department of Juvenile
  405  Justice education programs, except as otherwise provided by law.
  406  If a student does not participate in the assessment program, the
  407  school district must notify the student’s parent and provide the
  408  parent with information regarding the implications of such
  409  nonparticipation. The statewide, standardized assessment program
  410  shall be designed and implemented as follows:
  411         (a) Statewide, standardized comprehensive assessments.—The
  412  statewide, standardized Reading assessment shall be administered
  413  annually in grades 3 through 10. The statewide, standardized
  414  Writing assessment shall be administered annually at least once
  415  at the elementary, middle, and high school levels. When the
  416  Reading and Writing assessments are replaced by English Language
  417  Arts (ELA) assessments, ELA assessments shall be administered to
  418  students in grades 3 through 10. Retake opportunities for the
  419  grade 10 Reading assessment or, upon implementation, the grade
  420  10 ELA assessment must be provided. Students taking the ELA
  421  assessments shall not take the statewide, standardized
  422  assessments in Reading or Writing. Reading passages and writing
  423  prompts for ELA assessments shall incorporate grade-level core
  424  curricula content from social studies. The statewide,
  425  standardized Mathematics assessments shall be administered
  426  annually in grades 3 through 8. Students taking a revised
  427  Mathematics assessment shall not take the discontinued
  428  assessment. The statewide, standardized Science assessment shall
  429  be administered annually at least once at the elementary and
  430  middle grades levels. In order to earn a standard high school
  431  diploma, a student who has not earned a passing score on the
  432  grade 10 Reading assessment or, upon implementation, the grade
  433  10 ELA assessment must earn a passing score on the assessment
  434  retake or earn a concordant score as authorized under subsection
  435  (9). Statewide, standardized ELA and Mathematics assessments in
  436  grades 3 through 6 must be delivered in a paper-based format.
  437         (b) End-of-course (EOC) assessments.—EOC assessments must
  438  be statewide, standardized, and developed or approved by the
  439  Department of Education as follows:
  440         1. EOC assessments for Algebra I, Geometry, Biology I,
  441  United States History, and Civics shall be administered to
  442  students enrolled in such courses as specified in the course
  443  code directory.
  444         2. Students enrolled in a course, as specified in the
  445  course code directory, with an associated statewide,
  446  standardized EOC assessment must take the EOC assessment for
  447  such course and may not take the corresponding subject or grade
  448  level statewide, standardized assessment pursuant to paragraph
  449  (a). Sections 1003.4156 and 1003.4282 govern the use of
  450  statewide, standardized EOC assessment results for students.
  451         3. The commissioner may select one or more nationally
  452  developed comprehensive examinations, which may include
  453  examinations for a College Board Advanced Placement course,
  454  International Baccalaureate course, or Advanced International
  455  Certificate of Education course, or industry-approved
  456  examinations to earn national industry certifications identified
  457  in the CAPE Industry Certification Funding List, for use as EOC
  458  assessments under this paragraph if the commissioner determines
  459  that the content knowledge and skills assessed by the
  460  examinations meet or exceed the grade-level expectations for the
  461  core curricular content established for the course in the Next
  462  Generation Sunshine State Standards. Use of any such examination
  463  as an EOC assessment must be approved by the state board in
  464  rule.
  465         4. Contingent upon funding provided in the General
  466  Appropriations Act, including the appropriation of funds
  467  received through federal grants, the commissioner may establish
  468  an implementation schedule for the development and
  469  administration of additional statewide, standardized EOC
  470  assessments that must be approved by the state board in rule. If
  471  approved by the state board, student performance on such
  472  assessments constitutes 30 percent of a student’s final course
  473  grade.
  474         5. All statewide, standardized EOC assessments must be
  475  administered online except as otherwise provided in paragraph
  476  (d) (c).
  477         6. A student enrolled in an Advanced Placement (AP),
  478  International Baccalaureate (IB), or Advanced International
  479  Certificate of Education (AICE) course who takes the respective
  480  AP, IB, or AICE assessment and earns the minimum score necessary
  481  to earn college credit, as identified in s. 1007.27(2), meets
  482  the requirements of this paragraph and does not have to take the
  483  EOC assessment for the corresponding course.
  484         (c)Nationally recognized high school assessments.—Each
  485  school district shall, by the 2021-2022 school year and subject
  486  to appropriation, select either the SAT or ACT for districtwide
  487  administration to each public school student in grade 11,
  488  including students attending public high schools, alternative
  489  schools, and Department of Juvenile Justice education programs.
  490         (d)Implementation schedule.
  491         1.The Commissioner of Education shall establish and
  492  publish on the department’s website an implementation schedule
  493  to transition from the statewide, standardized Reading and
  494  Writing assessments to the ELA assessments and to the revised
  495  Mathematics assessments, including the Algebra I and Geometry
  496  EOC assessments. The schedule must take into consideration
  497  funding, sufficient field and baseline data, access to
  498  assessments, instructional alignment, and school district
  499  readiness to administer the assessments online. All such
  500  assessments must be delivered through computer-based testing,
  501  however, the following assessments must be delivered in a
  502  computer-based format, as follows: the grade 3 Mathematics
  503  assessment beginning in the 2016-2017 school year; the grade 4
  504  ELA assessment, beginning in the 2015-2016 school year; and the
  505  grade 4 Mathematics assessment, beginning in the 2016-2017
  506  school year. Notwithstanding the requirements of this
  507  subparagraph, statewide, standardized ELA and mathematics
  508  assessments in grades 3 through 6 must be delivered only in a
  509  paper-based format, beginning with the 2017-2018 school year,
  510  and all such assessments must be paper-based no later than the
  511  2018-2019 school year.
  512         2.The Department of Education shall publish minimum and
  513  recommended technology requirements that include specifications
  514  for hardware, software, networking, security, and broadband
  515  capacity to facilitate school district compliance with the
  516  requirements of this section.
  517         (g) Contracts for assessments.—
  518         1. The commissioner shall provide for the assessments to be
  519  developed or obtained, as appropriate, through contracts and
  520  project agreements with private vendors, public vendors, public
  521  agencies, postsecondary educational institutions, or school
  522  districts. The commissioner may enter into contracts for the
  523  continued administration of the assessments authorized and
  524  funded by the Legislature. Contracts may be initiated in 1
  525  fiscal year and continue into the next fiscal year and may be
  526  paid from the appropriations of either or both fiscal years. The
  527  commissioner may negotiate for the sale or lease of tests,
  528  scoring protocols, test scoring services, and related materials
  529  developed pursuant to law.
  530         2.A student’s performance results on statewide,
  531  standardized assessments, EOC assessments, and Florida
  532  Alternative Assessments administered pursuant to this subsection
  533  must be provided to the student’s teachers and parents by the
  534  end of the school year, unless the commissioner determines that
  535  extenuating circumstances exist and reports the extenuating
  536  circumstances to the State Board of Education. This subparagraph
  537  does not apply to existing contracts for such assessments, but
  538  shall apply to new contracts and any renewal of existing
  539  contracts for such assessments.
  540         3.If liquidated damages are applicable, the department
  541  shall collect liquidated damages that are due in response to the
  542  administration of the spring 2015 computer-based assessments of
  543  the department’s Florida Standards Assessment contract with
  544  American Institutes for Research, and expend the funds to
  545  reimburse parties that incurred damages.
  547  STANDARDS.—
  548         (a) Measurement of student performance is the
  549  responsibility of school districts except in those subjects and
  550  grade levels measured under the statewide, standardized
  551  assessment program described in this section. When available,
  552  instructional personnel must be provided with information on
  553  student achievement of standards and benchmarks in order to
  554  improve instruction.
  555         (b)The Commissioner of Education shall assist and support
  556  districts in measuring student performance on the state
  557  standards by maintaining a statewide item bank, facilitating the
  558  sharing of developed tests or test items among school districts,
  559  and providing technical assistance in best assessment practices.
  560  The commissioner may discontinue the item bank if he or she
  561  determines that district participation is insufficient for its
  562  sustainability.
  564         (a) The Commissioner of Education shall establish schedules
  565  for the administration of statewide, standardized assessments
  566  and the reporting of student assessment results. The
  567  commissioner shall consider the observance of religious and
  568  school holidays when developing the schedules. The assessment
  569  and reporting schedules must provide the earliest possible
  570  reporting of student assessment results to the school districts,
  571  consistent with the requirements of paragraph (3)(g). Assessment
  572  results for the statewide, standardized ELA and mathematics
  573  assessments and all statewide, standardized EOC assessments must
  574  be made available no later than June 30, except for results for
  575  the grade 3 statewide, standardized ELA assessment, which must
  576  be made available no later than May 31. School districts shall
  577  administer statewide, standardized assessments in accordance
  578  with the schedule established by the commissioner.
  579         (b) By January of each year, beginning in 2018, the
  580  commissioner shall publish on the department’s website a uniform
  581  calendar that includes the assessment and reporting schedules
  582  for, at a minimum, the next 2 school years. The uniform calendar
  583  must be provided to school districts in an electronic format
  584  that allows each school district and public school to populate
  585  the calendar with, at minimum, the following information for
  586  reporting the district assessment schedules under paragraph (d):
  587         1. Whether the assessment is a district-required assessment
  588  or a state-required assessment.
  589         2. The specific date or dates that each assessment will be
  590  administered.
  591         3. The time allotted to administer each assessment.
  592         4. Whether the assessment is a computer-based assessment or
  593  a paper-based assessment.
  594         5. The grade level or subject area associated with the
  595  assessment.
  596         6. The date that the assessment results are expected to be
  597  available to teachers and parents.
  598         7. The type of assessment, the purpose of the assessment,
  599  and the use of the assessment results.
  600         8. A glossary of assessment terminology.
  601         9. Estimates of average time for administering state
  602  required and district-required assessments, by grade level.
  603         (c) Beginning with the 2018-2019 school year, The spring
  604  administration of the statewide, standardized assessments in
  605  paragraphs (3)(a) and (b), excluding assessment retakes, must be
  606  in accordance with the following schedule:
  607         1. The grade 3 statewide, standardized ELA assessment and
  608  the writing portion of the statewide, standardized ELA
  609  assessment for grades 4 through 10 must be administered no
  610  earlier than April 1 each year within an assessment window not
  611  to exceed 2 weeks.
  612         2. With the exception of assessments identified in
  613  subparagraph 1., any statewide, standardized assessment that is
  614  delivered in a paper-based format must be administered no
  615  earlier than May 1 each year within an assessment window not to
  616  exceed 2 weeks.
  617         3. With the exception of assessments identified in
  618  subparagraphs 1. and 2., any statewide, standardized assessment
  619  must be administered within a 4-week assessment window that
  620  opens no earlier than May 1 each year.
  622  Each school district shall administer the assessments identified
  623  under subparagraphs 2. and 3. no earlier than 4 weeks before the
  624  last day of school for the district.
  625         (h) The results of statewide, standardized assessment in
  626  ELA and mathematics, science, and social studies assessments,
  627  including assessment retakes, shall be reported in an easy-to
  628  read and understandable format and delivered in time to provide
  629  useful, actionable information to students, parents, and each
  630  student’s current teacher of record and teacher of record for
  631  the subsequent school year; however, in any case, the district
  632  shall provide the results pursuant to this paragraph within 1
  633  week after receiving the results from the department. A report
  634  of student assessment results must, at a minimum, contain:
  635         1. A clear explanation of the student’s performance on the
  636  applicable statewide, standardized assessments.
  637         2. Information identifying the student’s areas of strength
  638  and areas in need of improvement.
  639         3. Specific actions that may be taken, and the available
  640  resources that may be used, by the student’s parent to assist
  641  his or her child based on the student’s areas of strength and
  642  areas in need of improvement.
  643         4. Longitudinal information, if available, on the student’s
  644  progress in each subject area based on previous statewide,
  645  standardized assessment data.
  646         5. Comparative information showing the student’s score
  647  compared to other students in the school district, in the state,
  648  or, if available, in other states.
  649         6. Predictive information, if available, showing the
  650  linkage between the scores attained by the student on the
  651  statewide, standardized assessments and the scores he or she may
  652  potentially attain on nationally recognized college entrance
  653  examinations.
  654         (8) PUBLICATION OF ASSESSMENTS.—To promote transparency in
  655  the statewide assessment program, in any procurement for the
  656  statewide, standardized assessment in ELA, assessment in grades
  657  3 through 10 and the mathematics, science, and social studies
  658  assessment in grades 3 through 8, the Department of Education
  659  shall solicit cost proposals for publication of the state
  660  assessments on its website in accordance with this subsection.
  661         (a) The department shall publish each assessment
  662  administered under paragraph (3)(a) and subparagraph (3)(b)1.,
  663  excluding assessment retakes, at least once on a triennial basis
  664  pursuant to a schedule determined by the Commissioner of
  665  Education. Each assessment, when published, must have been
  666  administered during the most recent school year and be in a
  667  format that facilitates the sharing of assessment items.
  668         (b) The initial publication of assessments must occur no
  669  later than June 30, 2024 June 30, 2021, subject to
  670  appropriation, and must include, at a minimum, the grade 3 ELA
  671  and mathematics assessments, the grade 10 ELA assessment, and
  672  the Algebra I EOC assessment.
  673         (c) The department must provide materials on its website to
  674  help the public interpret assessment information published
  675  pursuant to this subsection.
  676         (9) CONCORDANT SCORES.—The Commissioner of Education must
  677  identify scores on the SAT and ACT that if achieved satisfy the
  678  graduation requirement that a student pass the grade 10
  679  statewide, standardized Reading assessment or, upon
  680  implementation, the grade 10 ELA assessment. The commissioner
  681  may identify concordant scores on assessments other than the SAT
  682  and ACT. If the content or scoring procedures change for the
  683  grade 10 Reading assessment or, upon implementation, the grade
  684  10 ELA assessment, new concordant scores must be determined. If
  685  new concordant scores are not timely adopted, the last-adopted
  686  concordant scores remain in effect until such time as new scores
  687  are adopted. The state board shall adopt concordant scores in
  688  rule.
  689         (12) REPORTS.—The Department of Education shall annually
  690  provide a report to the Governor, the President of the Senate,
  691  and the Speaker of the House of Representatives which shall
  692  include the following:
  693         (e)The number of students who after 8th grade enroll in
  694  adult education rather than other secondary education, which is
  695  defined as grades 9 through 12.
  696         Section 8. Subsection (1) of section 1008.24, Florida
  697  Statutes, is amended to read:
  698         1008.24 Test administration and security; public records
  699  exemption.—
  700         (1) A person may not knowingly and willfully violate test
  701  security rules adopted by the State Board of Education for
  702  mandatory tests administered by or through the State Board of
  703  Education or the Commissioner of Education to students,
  704  educators, or applicants for certification or administered by
  705  school districts pursuant to ss. 1002.69, 1003.52, 1003.56,
  706  1007.25, 1007.35, 1008.22, 1008.25, and 1012.56 s. 1008.22, or,
  707  with respect to any such test, knowingly and willfully to:
  708         (a) Give examinees access to test questions prior to
  709  testing;
  710         (b) Copy, reproduce, or use in any manner inconsistent with
  711  test security rules all or any portion of any secure test
  712  booklet;
  713         (c) Coach examinees during testing or alter or interfere
  714  with examinees’ responses in any way;
  715         (d) Make answer keys available to examinees;
  716         (e) Fail to follow security rules for distribution and
  717  return of secure test as directed, or fail to account for all
  718  secure test materials before, during, and after testing;
  719         (f) Fail to follow test administration directions specified
  720  in the test administration manuals; or
  721         (g) Participate in, direct, aid, counsel, assist in, or
  722  encourage any of the acts prohibited in this section.
  723         Section 9. Paragraph (a) of subsection (1) of section
  724  1008.34, Florida Statutes, is amended to read:
  725         1008.34 School grading system; school report cards;
  726  district grade.—
  727         (1) DEFINITIONS.—For purposes of the statewide,
  728  standardized assessment program and school grading system, the
  729  following terms are defined:
  730         (a) “Achievement level,” “student achievement,” or
  731  “achievement” describes the level of content mastery a student
  732  has acquired in a particular subject as measured by a statewide,
  733  standardized assessment administered pursuant to s.
  734  1008.22(3)(a) and (b). There are five achievement levels. Level
  735  1 is the lowest achievement level, level 5 is the highest
  736  achievement level, and level 3 indicates satisfactory
  737  performance. A student passes an assessment if the student
  738  achieves a level 3, level 4, or level 5. For purposes of the
  739  Florida Alternate Assessment administered pursuant to s.
  740  1008.22(3)(d) s. 1008.22(3)(c), the state board shall provide,
  741  in rule, the number of achievement levels and identify the
  742  achievement levels that are considered passing.
  743         Section 10. Subsection (2) of section 1008.3415, Florida
  744  Statutes, is amended to read:
  745         1008.3415 School grade or school improvement rating for
  746  exceptional student education centers.—
  747         (2) Notwithstanding s. 1008.34, the achievement levels and
  748  Learning Gains of a student with a disability who attends an
  749  exceptional student education center and has not been enrolled
  750  in or attended a public school other than an exceptional student
  751  education center for grades K-12 within the school district
  752  shall not be included in the calculation of the home school’s
  753  grade if the student is identified as an emergent student on the
  754  alternate assessment described in s. 1008.22(3)(d) s.
  755  1008.22(3)(c).
  756         Section 11. Paragraph (i) is added to subsection (4) of
  757  section 1009.286, Florida Statutes, to read:
  758         1009.286 Additional student payment for hours exceeding
  759  baccalaureate degree program completion requirements at state
  760  universities.—
  761         (4) For purposes of this section, credit hours earned under
  762  the following circumstances are not calculated as hours required
  763  to earn a baccalaureate degree:
  764         (i)Credit hours earned to meet the requirements of s.
  765  1007.25(4).
  766         Section 12. This act shall take effect July 1, 2021.