CS for CS for SB 1108                           Second 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. 1003.42, F.S.; requiring
   31         character development curriculum for certain grades to
   32         include instruction on voting using specified ballot;
   33         amending s. 1003.4282, F.S.; deleting obsolete
   34         language; requiring certain students to take a
   35         specified assessment relating to civic literacy;
   36         providing that such assessment meets certain
   37         postsecondary requirements under specified
   38         circumstances; conforming a cross-reference; amending
   39         s. 1003.433, F.S.; authorizing certain students to
   40         meet the grade 10 English Language Arts assessment
   41         requirements in a specified manner; amending s.
   42         1003.4996, F.S.; extending the timeframe for the
   43         Competency-Based Education Pilot Program; amending s.
   44         1007.25, F.S.; requiring certain postsecondary
   45         students to complete a civic literacy course and pass
   46         a specified assessment to demonstrate competency in
   47         civic literacy; authorizing students to meet the
   48         assessment requirements in high school; providing for
   49         rulemaking; authorizing the development of new civic
   50         literacy courses; providing requirements for such
   51         courses; amending s. 1008.212, F.S.; conforming cross
   52         references; amending s. 1008.22, F.S.; revising the
   53         purpose of the assessment program; deleting obsolete
   54         language; requiring that certain assessments be given
   55         in a paper-based format; requiring school districts to
   56         provide the SAT or ACT to grade 11 students beginning
   57         in a specified school year; requiring school districts
   58         to choose which assessment to administer; deleting
   59         specified reporting requirements; deleting a
   60         requirement that the Commissioner of Education
   61         maintain a specified item bank; deleting specified
   62         requirements for the date of the administration of
   63         specified assessments; revising a deadline for the
   64         publication of certain assessments; conforming
   65         provisions to changes made by the act; amending s.
   66         1008.24, F.S.; revising the tests that are included
   67         under test administration and security rules; amending
   68         ss. 1008.34 and 1008.3415, F.S.; conforming cross
   69         references; amending s. 1009.286, F.S.; providing an
   70         additional exception to credit hours used when
   71         calculating baccalaureate degrees; providing an
   72         effective date.
   74  Be It Enacted by the Legislature of the State of Florida:
   76         Section 1. Subsection (5) is added to section 1001.23,
   77  Florida Statutes, to read:
   78         1001.23 Specific powers and duties of the Department of
   79  Education.—In addition to all other duties assigned to it by law
   80  or by rule of the State Board of Education, the department
   81  shall:
   82         (5)Notwithstanding the provisions of chapter 286, have the
   83  authority to hold patents, copyrights, trademarks, and service
   84  marks. The department may take any action necessary to enforce
   85  its rights with respect to such patents, copyrights, trademarks,
   86  and service marks or enter into a transaction to sell, lease,
   87  license, or transfer such rights for monetary gain or other
   88  consideration at the discretion of the department. The
   89  department shall notify the Department of State in writing when
   90  property rights by patent, copyright, trademark, or service
   91  marks are secured by the department. Except for educational
   92  materials and products, any proceeds received by the department
   93  from the exercise of such rights shall be deposited in the
   94  department’s Operating Trust Fund.
   95         Section 2. Section 1002.334, Florida Statutes, is created
   96  to read:
   97         1002.334Innovative Blended Learning and Real-Time Student
   98  Assessment Pilot Program.—
   99         (1)There is created within the Department of Education the
  100  Innovative Blended Learning and Real-Time Student Assessment
  101  Pilot Program. The purpose of the program is to develop and
  102  measure innovative blended learning and real-time weekly student
  103  assessment educational models that improve the educational
  104  progress of this state’s students and help close achievement
  105  gaps for this state’s traditionally underserved students.
  106         (2)As used in this section, the term “innovative blended
  107  learning” means:
  108         (a)A mode of learning where in-person and remote students
  109  are combined in one classroom environment where the education,
  110  instruction, and engagement occurs at the same time with the
  111  teacher and other students physically present in the classroom;
  112  and
  113         (b)For a given course, students learn in part through
  114  online delivery of content and instruction with some element of
  115  student control over time, place, path, or pace and in part at a
  116  traditional supervised classroom location away from home.
  117         (3)To be eligible to work with the program, an applicant
  118  must be:
  119         (a)A high-performing charter school under s. 1002.331;
  120         (b)A high-performing charter school system under s.
  121  1002.332; or
  122         (c)An academically high-performing school district
  123  pursuant to s. 1003.621.
  124         (4)A program applicant must submit an application to the
  125  department in a format prescribed by the department. The
  126  application must include all of the following:
  127         (a)A plan for the synchronous technological and resource
  128  design, curriculum, classroom operation, school or district
  129  management, privacy protection and teacher professional
  130  development, and at least weekly progress monitoring of real
  131  time student performance in innovative blended learning
  132  programs.
  133         (b)A plan to reduce achievement gaps through innovative
  134  blended learning.
  135         (c)A requirement that distance learning will always be at
  136  the choosing of the student or the student’s parent or guardian
  137  and that a family will never be coerced to choose distance
  138  learning.
  139         (d)A requirement that a participating classroom may not be
  140  fully virtual such that at least two-thirds of the students in a
  141  class must be present for in-person learning on any regularly
  142  scheduled school day.
  143         (e)A requirement that any struggling student who is
  144  participating in this program and who, according to progress
  145  monitoring data, is on pace to learn less than a year’s content
  146  in a year’s time must return to learning in person.
  147         (f)A requirement that any student can choose to switch
  148  learning modalities, in person or distance, on any given day,
  149  without notice and therefore a seat must always be available for
  150  every student registered to take any participating course.
  151         (g)A requirement that the applicant provide all requested
  152  student-level data from participating schools, including, as
  153  necessary, benchmark historical data for up to the prior 3
  154  school years, to the department upon request.
  155         (5)Applications may be considered only for synchronous
  156  innovative blended learning programs.
  157         (6)The Commissioner of Education shall select applicants
  158  to participate in the program.
  159         (7)Districts and schools may not begin approved
  160  synchronous innovative blended learning programs until October
  161  1, 2021.
  162         (8)(a)Applicants approved by the commissioner shall
  163  receive funding based upon the number of full-time equivalent
  164  students being educated under the pilot program, as if each
  165  student were being educated full-time in person at his or her
  166  respective school.
  167         (b)The commissioner may remove an approved applicant from
  168  program participation if the applicant fails to maintain the
  169  designations listed in subsection (3) or the applicant fails to
  170  meet any of the requirements listed in subsection (4).
  171         (9)This section expires July 1, 2024.
  172         Section 3. Paragraph (s) of subsection (2) of section
  173  1003.42, Florida Statutes, is amended to read:
  174         1003.42 Required instruction.—
  175         (2) Members of the instructional staff of the public
  176  schools, subject to the rules of the State Board of Education
  177  and the district school board, shall teach efficiently and
  178  faithfully, using the books and materials required that meet the
  179  highest standards for professionalism and historical accuracy,
  180  following the prescribed courses of study, and employing
  181  approved methods of instruction, the following:
  182         (s) A character development program in the elementary
  183  schools, similar to Character First or Character Counts, which
  184  is secular in nature. Beginning in school year 2004-2005, the
  185  character development program shall be required in kindergarten
  186  through grade 12. Each district school board shall develop or
  187  adopt a curriculum for the character development program that
  188  shall be submitted to the department for approval.
  189         1. The character development curriculum shall stress the
  190  qualities of patriotism; responsibility; citizenship; kindness;
  191  respect for authority, life, liberty, and personal property;
  192  honesty; charity; self-control; racial, ethnic, and religious
  193  tolerance; and cooperation.
  194         2. The character development curriculum for grades 9
  195  through 12 shall, at a minimum, include instruction on
  196  developing leadership skills, interpersonal skills, organization
  197  skills, and research skills; creating a resume; developing and
  198  practicing the skills necessary for employment interviews;
  199  conflict resolution, workplace ethics, and workplace law;
  200  managing stress and expectations; and developing skills that
  201  enable students to become more resilient and self-motivated.
  202         3. The character development curriculum for grades 11 and
  203  12 shall include instruction on voting using the uniform primary
  204  and general election ballot described in s. 101.151(9).
  206  The State Board of Education is encouraged to adopt standards
  207  and pursue assessment of the requirements of this subsection. A
  208  character development program that incorporates the values of
  209  the recipients of the Congressional Medal of Honor and that is
  210  offered as part of a social studies, English Language Arts, or
  211  other schoolwide character building and veteran awareness
  212  initiative meets the requirements of paragraphs (s) and (t).
  213         Section 4. Paragraphs (a) and (d) of subsection (3),
  214  subsection (7), and paragraph (e) of subsection (10) of section
  215  1003.4282, Florida Statutes, are amended to read:
  216         1003.4282 Requirements for a standard high school diploma.—
  219         (a) Four credits in English Language Arts (ELA).—The four
  220  credits must be in ELA I, II, III, and IV. A student must pass
  221  the statewide, standardized grade 10 Reading assessment or, when
  222  implemented, the grade 10 ELA assessment, or earn a concordant
  223  score, in order to earn a standard high school diploma.
  224         (d) Three credits in social studies.—A student must earn
  225  one credit in United States History; one credit in World
  226  History; one-half credit in economics; and one-half credit in
  227  United States Government. The United States History EOC
  228  assessment constitutes 30 percent of the student’s final course
  229  grade. Beginning with the 2021-2022 school year, students taking
  230  the United States Government course are required to take the
  231  assessment of civic literacy identified by the State Board of
  232  Education pursuant to s. 1007.25(4). Students earning a passing
  233  score on the assessment are exempt from the postsecondary civic
  234  literacy assessment required by s. 1007.25(4).
  235         (7) UNIFORM TRANSFER OF HIGH SCHOOL CREDITS.—Beginning with
  236  the 2012-2013 school year, if a student transfers to a Florida
  237  public high school from out of country, out of state, a private
  238  school, or a home education program and the student’s transcript
  239  shows a credit in Algebra I, the student must pass the
  240  statewide, standardized Algebra I EOC assessment in order to
  241  earn a standard high school diploma unless the student earned a
  242  comparative score, passed a statewide assessment in Algebra I
  243  administered by the transferring entity, or passed the statewide
  244  mathematics assessment the transferring entity uses to satisfy
  245  the requirements of the Elementary and Secondary Education Act,
  246  as amended by the Every Student Succeeds Act (ESSA), 20 U.S.C.
  247  ss. 6301 et seq. If a student’s transcript shows a credit in
  248  high school reading or English Language Arts II or III, in order
  249  to earn a standard high school diploma, the student must take
  250  and pass the statewide, standardized grade 10 Reading assessment
  251  or, when implemented, the grade 10 ELA assessment, or earn a
  252  concordant score. If a transfer student’s transcript shows a
  253  final course grade and course credit in Algebra I, Geometry,
  254  Biology I, or United States History, the transferring course
  255  final grade and credit shall be honored without the student
  256  taking the requisite statewide, standardized EOC assessment and
  257  without the assessment results constituting 30 percent of the
  258  student’s final course grade.
  259         (10) STUDENTS WITH DISABILITIES.—Beginning with students
  260  entering grade 9 in the 2014-2015 school year, this subsection
  261  applies to a student with a disability.
  262         (e) Any waiver of the statewide, standardized assessment
  263  requirements by the individual education plan team, pursuant to
  264  s. 1008.22(3)(d) s. 1008.22(3)(c), must be approved by the
  265  parent and is subject to verification for appropriateness by an
  266  independent reviewer selected by the parent as provided for in
  267  s. 1003.572.
  269  The State Board of Education shall adopt rules under ss.
  270  120.536(1) and 120.54 to implement this subsection, including
  271  rules that establish the minimum requirements for students
  272  described in this subsection to earn a standard high school
  273  diploma. The State Board of Education shall adopt emergency
  274  rules pursuant to ss. 120.536(1) and 120.54.
  275         Section 5. Subsection (3) of section 1003.433, Florida
  276  Statutes, is amended to read:
  277         1003.433 Learning opportunities for out-of-state and out
  278  of-country transfer students and students needing additional
  279  instruction to meet high school graduation requirements.—
  280         (3) Students who have been enrolled in an ESOL program for
  281  less than 2 school years and have met all requirements for the
  282  standard high school diploma except for passage of any must-pass
  283  assessment under s. 1003.4282 or s. 1008.22 or alternate
  284  assessment may:
  285         (a) Receive immersion English language instruction during
  286  the summer following their senior year. Students receiving such
  287  instruction are eligible to take the required assessment or
  288  alternate assessment and receive a standard high school diploma
  289  upon passage of the required assessment or alternate assessment.
  290  This paragraph subsection shall be implemented to the extent
  291  funding is provided in the General Appropriations Act.
  292         (b) Beginning with the 2022-2023 school year, meet the
  293  requirement to pass the statewide, standardized grade 10 English
  294  Language Arts assessment by satisfactorily demonstrating grade
  295  level expectations on formative assessments, in accordance with
  296  state board rule.
  297         Section 6. Section 1003.4996, Florida Statutes, is amended
  298  to read:
  299         1003.4996 Competency-Based Education Pilot Program.
  300  Beginning with the 2016-2017 school year, the Competency-Based
  301  Education Pilot Program is created within the Department of
  302  Education to be administered for a period of 7 5 years. The
  303  purpose of the pilot program is to provide an educational
  304  environment that allows students to advance to higher levels of
  305  learning upon the mastery of concepts and skills through
  306  statutory exemptions relating to student progression and the
  307  awarding of credits.
  308         (1) PARTICIPATION.—The P.K. Yonge Developmental Research
  309  School and the Lake, Palm Beach, Pinellas, and Seminole County
  310  School Districts may submit an application in a format
  311  prescribed by the department to participate in the pilot
  312  program.
  313         (2) APPLICATION.—The application to participate in the
  314  pilot program must, at a minimum, include:
  315         (a) The vision and timelines for the implementation of
  316  competency-based education within the school district, including
  317  a list of the schools that will participate in the pilot program
  318  during the first school year and the list of schools that will
  319  be integrated into the program in subsequent school years.
  320         (b) The annual goals and performance outcomes for
  321  participating schools, including, but not limited to:
  322         1. Student performance as defined in s. 1008.34.
  323         2. Promotion and retention rates.
  324         3. Graduation rates.
  325         4. Indicators of college and career readiness.
  326         (c) A communication plan for parents and other
  327  stakeholders, including local businesses and community members.
  328         (d) The scope of and timelines for professional development
  329  for school instructional and administrative personnel.
  330         (e) A plan for student progression based on the mastery of
  331  content, including mechanisms that determine and ensure that a
  332  student has satisfied the requirements for grade-level promotion
  333  and content mastery.
  334         (f) A plan for using technology and digital and blended
  335  learning to enhance student achievement and facilitate the
  336  competency-based education system.
  337         (g) The proposed allocation of resources for the pilot
  338  program at the school and district levels.
  339         (h) The recruitment and selection of participating schools.
  340         (i) The rules to be waived for participating schools
  341  pursuant to subsection (3) to implement the pilot program.
  342         (3) EXEMPTION FROM RULES.—In addition to the waivers
  343  authorized in s. 1001.10(3), the State Board of Education may
  344  authorize the commissioner to grant an additional waiver of
  345  rules relating to student progression and the awarding of
  346  credits.
  347         (4) STUDENT FUNDING.—Students enrolled in a participating
  348  school shall be reported for and generate funding pursuant to s.
  349  1011.62.
  350         (5) DEPARTMENT DUTIES.—The department shall:
  351         (a) Compile the student and staff schedules of
  352  participating schools before and after implementation of the
  353  pilot program.
  354         (b) Provide participating schools with access to statewide,
  355  standardized assessments required under s. 1008.22.
  356         (c) Annually, by June 1, provide to the Governor, the
  357  President of the Senate, and the Speaker of the House of
  358  Representatives a report summarizing the activities and
  359  accomplishments of the pilot program and any recommendations for
  360  statutory revisions.
  361         (6) RULES.—The State Board of Education shall adopt rules
  362  to administer this section.
  363         Section 7. Subsection (4) of section 1007.25, Florida
  364  Statutes, is amended to read:
  365         1007.25 General education courses; common prerequisites;
  366  other degree requirements.—
  367         (4)(a) Beginning with students initially entering a Florida
  368  College System institution or state university in the 2018-2019
  369  school year and thereafter, each student must demonstrate
  370  competency in civic literacy. Students must have the option to
  371  demonstrate competency either through successful completion of a
  372  civic literacy course or by achieving a passing score on an
  373  assessment. The State Board of Education must adopt in rule and
  374  the Board of Governors must adopt in regulation at least one
  375  existing assessment that measures competencies consistent with
  376  the required course competencies outlined in subparagraph (b)2
  377  paragraph (b).
  378         (b)Beginning with students initially entering a Florida
  379  College System institution or state university in the 2021-2022
  380  school year and thereafter, each student must demonstrate
  381  competency in civic literacy by achieving a passing score on an
  382  assessment and by successfully completing a civic literacy
  383  course. Credits earned for such courses via articulated
  384  acceleration mechanisms in s. 1007.27 will count toward the
  385  civic literacy competency requirement. The State Board of
  386  Education and the Board of Governors shall adopt by rule and
  387  regulation, respectively, approved assessments that address the
  388  competencies in subparagraph 2. and courses that meet the
  389  requirements in subparagraph 1. The chair of the State Board of
  390  Education and the chair of the Board of Governors, or their
  391  respective designees, shall jointly appoint a faculty committee
  392  to:
  393         1.(a) Develop one or more a new courses course in civic
  394  literacy or revise an existing general education core course in
  395  American History or American Government to include, at a
  396  minimum, opportunities to engage synchronously in political
  397  discussions and civil debates with multiple points of view and
  398  to master the ability to synthesize information that informs
  399  civic decisionmaking civic literacy.
  400         2.(b) Establish course competencies and identify outcomes
  401  that include, at a minimum, an understanding of the basic
  402  principles of American democracy and how they are applied in our
  403  republican form of government, an understanding of the United
  404  States Constitution, knowledge of the founding documents and how
  405  they have shaped the nature and functions of our institutions of
  406  self-governance, and an understanding of landmark Supreme Court
  407  cases and their impact on law and society.
  408         Section 8. Paragraph (a) of subsection (1) and subsection
  409  (2) of section 1008.212, Florida Statutes, are amended to read:
  410         1008.212 Students with disabilities; extraordinary
  411  exemption.—
  412         (1) As used in this section, the term:
  413         (a) “Circumstance” means a situation in which
  414  accommodations allowable for use on the statewide standardized
  415  assessment, a statewide standardized end-of-course assessment,
  416  or an alternate assessment pursuant to s. 1008.22(3)(d) s.
  417  1008.22(3)(c) are not offered to a student during the current
  418  year’s assessment administration due to technological
  419  limitations in the testing administration program which lead to
  420  results that reflect the student’s impaired sensory, manual, or
  421  speaking skills rather than the student’s achievement of the
  422  benchmarks assessed by the statewide standardized assessment, a
  423  statewide standardized end-of-course assessment, or an alternate
  424  assessment.
  425         (2) A student with a disability for whom the individual
  426  education plan (IEP) team determines is prevented by a
  427  circumstance or condition from physically demonstrating the
  428  mastery of skills that have been acquired and are measured by
  429  the statewide standardized assessment, a statewide standardized
  430  end-of-course assessment, or an alternate assessment pursuant to
  431  s. 1008.22(3)(d) s. 1008.22(3)(c) shall be granted an
  432  extraordinary exemption from the administration of the
  433  assessment. A learning, emotional, behavioral, or significant
  434  cognitive disability, or the receipt of services through the
  435  homebound or hospitalized program in accordance with rule 6A
  436  6.03020, Florida Administrative Code, is not, in and of itself,
  437  an adequate criterion for the granting of an extraordinary
  438  exemption.
  439         Section 9. Present paragraph (c) of subsection (3) of
  440  section 1008.22, Florida Statutes, is redesignated as paragraph
  441  (d), a new paragraph (c) is added to that subsection, and
  442  paragraph (a) of subsection (1), paragraphs (a) and (b), present
  443  paragraph (d), and paragraph (g) of subsection (3), subsection
  444  (6), paragraphs (a), (b), (c), and (h) of subsection (7),
  445  subsections (8) and (9), and paragraph (e) of subsection (12) of
  446  that section are amended, to read:
  447         1008.22 Student assessment program for public schools.—
  448         (1) PURPOSE.—The primary purpose of the student assessment
  449  program is to provide student academic achievement and learning
  450  gains data to students, parents, teachers, school
  451  administrators, and school district staff. This data is to be
  452  used by districts to improve instruction; by students, parents,
  453  and teachers to guide learning objectives; by education
  454  researchers to assess national and international education
  455  comparison data; and by the public to assess the cost benefit of
  456  the expenditure of taxpayer dollars. The program must be
  457  designed to:
  458         (a) Assess the achievement level and annual learning gains
  459  of each student in English Language Arts and mathematics and the
  460  achievement level in all other subjects assessed.
  462  Commissioner of Education shall design and implement a
  463  statewide, standardized assessment program aligned to the core
  464  curricular content established in the Next Generation Sunshine
  465  State Standards. The commissioner also must develop or select
  466  and implement a common battery of assessment tools that will be
  467  used in all juvenile justice education programs in the state.
  468  These tools must accurately measure the core curricular content
  469  established in the Next Generation Sunshine State Standards.
  470  Participation in the assessment program is mandatory for all
  471  school districts and all students attending public schools,
  472  including adult students seeking a standard high school diploma
  473  under s. 1003.4282 and students in Department of Juvenile
  474  Justice education programs, except as otherwise provided by law.
  475  If a student does not participate in the assessment program, the
  476  school district must notify the student’s parent and provide the
  477  parent with information regarding the implications of such
  478  nonparticipation. The statewide, standardized assessment program
  479  shall be designed and implemented as follows:
  480         (a) Statewide, standardized comprehensive assessments.—The
  481  statewide, standardized Reading assessment shall be administered
  482  annually in grades 3 through 10. The statewide, standardized
  483  Writing assessment shall be administered annually at least once
  484  at the elementary, middle, and high school levels. When the
  485  Reading and Writing assessments are replaced by English Language
  486  Arts (ELA) assessments, ELA assessments shall be administered to
  487  students in grades 3 through 10. Retake opportunities for the
  488  grade 10 Reading assessment or, upon implementation, the grade
  489  10 ELA assessment must be provided. Students taking the ELA
  490  assessments shall not take the statewide, standardized
  491  assessments in Reading or Writing. Reading passages and writing
  492  prompts for ELA assessments shall incorporate grade-level core
  493  curricula content from social studies. The statewide,
  494  standardized Mathematics assessments shall be administered
  495  annually in grades 3 through 8. Students taking a revised
  496  Mathematics assessment shall not take the discontinued
  497  assessment. The statewide, standardized Science assessment shall
  498  be administered annually at least once at the elementary and
  499  middle grades levels. In order to earn a standard high school
  500  diploma, a student who has not earned a passing score on the
  501  grade 10 Reading assessment or, upon implementation, the grade
  502  10 ELA assessment must earn a passing score on the assessment
  503  retake or earn a concordant score as authorized under subsection
  504  (9). Statewide, standardized ELA and Mathematics assessments in
  505  grades 3 through 6 must be delivered in a paper-based format.
  506         (b) End-of-course (EOC) assessments.—EOC assessments must
  507  be statewide, standardized, and developed or approved by the
  508  Department of Education as follows:
  509         1. EOC assessments for Algebra I, Geometry, Biology I,
  510  United States History, and Civics shall be administered to
  511  students enrolled in such courses as specified in the course
  512  code directory.
  513         2. Students enrolled in a course, as specified in the
  514  course code directory, with an associated statewide,
  515  standardized EOC assessment must take the EOC assessment for
  516  such course and may not take the corresponding subject or grade
  517  level statewide, standardized assessment pursuant to paragraph
  518  (a). Sections 1003.4156 and 1003.4282 govern the use of
  519  statewide, standardized EOC assessment results for students.
  520         3. The commissioner may select one or more nationally
  521  developed comprehensive examinations, which may include
  522  examinations for a College Board Advanced Placement course,
  523  International Baccalaureate course, or Advanced International
  524  Certificate of Education course, or industry-approved
  525  examinations to earn national industry certifications identified
  526  in the CAPE Industry Certification Funding List, for use as EOC
  527  assessments under this paragraph if the commissioner determines
  528  that the content knowledge and skills assessed by the
  529  examinations meet or exceed the grade-level expectations for the
  530  core curricular content established for the course in the Next
  531  Generation Sunshine State Standards. Use of any such examination
  532  as an EOC assessment must be approved by the state board in
  533  rule.
  534         4. Contingent upon funding provided in the General
  535  Appropriations Act, including the appropriation of funds
  536  received through federal grants, the commissioner may establish
  537  an implementation schedule for the development and
  538  administration of additional statewide, standardized EOC
  539  assessments that must be approved by the state board in rule. If
  540  approved by the state board, student performance on such
  541  assessments constitutes 30 percent of a student’s final course
  542  grade.
  543         5. All statewide, standardized EOC assessments must be
  544  administered online except as otherwise provided in paragraph
  545  (d) (c).
  546         6. A student enrolled in an Advanced Placement (AP),
  547  International Baccalaureate (IB), or Advanced International
  548  Certificate of Education (AICE) course who takes the respective
  549  AP, IB, or AICE assessment and earns the minimum score necessary
  550  to earn college credit, as identified in s. 1007.27(2), meets
  551  the requirements of this paragraph and does not have to take the
  552  EOC assessment for the corresponding course.
  553         (c)Nationally recognized high school assessments.—Each
  554  school district shall, by the 2021-2022 school year and subject
  555  to appropriation, select either the SAT or ACT for districtwide
  556  administration to each public school student in grade 11,
  557  including students attending public high schools, alternative
  558  schools, and Department of Juvenile Justice education programs.
  559         (d)Implementation schedule.
  560         1.The Commissioner of Education shall establish and
  561  publish on the department’s website an implementation schedule
  562  to transition from the statewide, standardized Reading and
  563  Writing assessments to the ELA assessments and to the revised
  564  Mathematics assessments, including the Algebra I and Geometry
  565  EOC assessments. The schedule must take into consideration
  566  funding, sufficient field and baseline data, access to
  567  assessments, instructional alignment, and school district
  568  readiness to administer the assessments online. All such
  569  assessments must be delivered through computer-based testing,
  570  however, the following assessments must be delivered in a
  571  computer-based format, as follows: the grade 3 Mathematics
  572  assessment beginning in the 2016-2017 school year; the grade 4
  573  ELA assessment, beginning in the 2015-2016 school year; and the
  574  grade 4 Mathematics assessment, beginning in the 2016-2017
  575  school year. Notwithstanding the requirements of this
  576  subparagraph, statewide, standardized ELA and mathematics
  577  assessments in grades 3 through 6 must be delivered only in a
  578  paper-based format, beginning with the 2017-2018 school year,
  579  and all such assessments must be paper-based no later than the
  580  2018-2019 school year.
  581         2.The Department of Education shall publish minimum and
  582  recommended technology requirements that include specifications
  583  for hardware, software, networking, security, and broadband
  584  capacity to facilitate school district compliance with the
  585  requirements of this section.
  586         (g) Contracts for assessments.—
  587         1. The commissioner shall provide for the assessments to be
  588  developed or obtained, as appropriate, through contracts and
  589  project agreements with private vendors, public vendors, public
  590  agencies, postsecondary educational institutions, or school
  591  districts. The commissioner may enter into contracts for the
  592  continued administration of the assessments authorized and
  593  funded by the Legislature. Contracts may be initiated in 1
  594  fiscal year and continue into the next fiscal year and may be
  595  paid from the appropriations of either or both fiscal years. The
  596  commissioner may negotiate for the sale or lease of tests,
  597  scoring protocols, test scoring services, and related materials
  598  developed pursuant to law.
  599         2.A student’s performance results on statewide,
  600  standardized assessments, EOC assessments, and Florida
  601  Alternative Assessments administered pursuant to this subsection
  602  must be provided to the student’s teachers and parents by the
  603  end of the school year, unless the commissioner determines that
  604  extenuating circumstances exist and reports the extenuating
  605  circumstances to the State Board of Education. This subparagraph
  606  does not apply to existing contracts for such assessments, but
  607  shall apply to new contracts and any renewal of existing
  608  contracts for such assessments.
  609         3.If liquidated damages are applicable, the department
  610  shall collect liquidated damages that are due in response to the
  611  administration of the spring 2015 computer-based assessments of
  612  the department’s Florida Standards Assessment contract with
  613  American Institutes for Research, and expend the funds to
  614  reimburse parties that incurred damages.
  616  STANDARDS.—
  617         (a) Measurement of student performance is the
  618  responsibility of school districts except in those subjects and
  619  grade levels measured under the statewide, standardized
  620  assessment program described in this section. When available,
  621  instructional personnel must be provided with information on
  622  student achievement of standards and benchmarks in order to
  623  improve instruction.
  624         (b)The Commissioner of Education shall assist and support
  625  districts in measuring student performance on the state
  626  standards by maintaining a statewide item bank, facilitating the
  627  sharing of developed tests or test items among school districts,
  628  and providing technical assistance in best assessment practices.
  629  The commissioner may discontinue the item bank if he or she
  630  determines that district participation is insufficient for its
  631  sustainability.
  633         (a) The Commissioner of Education shall establish schedules
  634  for the administration of statewide, standardized assessments
  635  and the reporting of student assessment results. The
  636  commissioner shall consider the observance of religious and
  637  school holidays when developing the schedules. The assessment
  638  and reporting schedules must provide the earliest possible
  639  reporting of student assessment results to the school districts,
  640  consistent with the requirements of paragraph (3)(g). Assessment
  641  results for the statewide, standardized ELA and mathematics
  642  assessments and all statewide, standardized EOC assessments must
  643  be made available no later than June 30, except for results for
  644  the grade 3 statewide, standardized ELA assessment, which must
  645  be made available no later than May 31. School districts shall
  646  administer statewide, standardized assessments in accordance
  647  with the schedule established by the commissioner.
  648         (b) By January of each year, beginning in 2018, the
  649  commissioner shall publish on the department’s website a uniform
  650  calendar that includes the assessment and reporting schedules
  651  for, at a minimum, the next 2 school years. The uniform calendar
  652  must be provided to school districts in an electronic format
  653  that allows each school district and public school to populate
  654  the calendar with, at minimum, the following information for
  655  reporting the district assessment schedules under paragraph (d):
  656         1. Whether the assessment is a district-required assessment
  657  or a state-required assessment.
  658         2. The specific date or dates that each assessment will be
  659  administered.
  660         3. The time allotted to administer each assessment.
  661         4. Whether the assessment is a computer-based assessment or
  662  a paper-based assessment.
  663         5. The grade level or subject area associated with the
  664  assessment.
  665         6. The date that the assessment results are expected to be
  666  available to teachers and parents.
  667         7. The type of assessment, the purpose of the assessment,
  668  and the use of the assessment results.
  669         8. A glossary of assessment terminology.
  670         9. Estimates of average time for administering state
  671  required and district-required assessments, by grade level.
  672         (c) Beginning with the 2018-2019 school year, The spring
  673  administration of the statewide, standardized assessments in
  674  paragraphs (3)(a) and (b), excluding assessment retakes, must be
  675  in accordance with the following schedule:
  676         1. The grade 3 statewide, standardized ELA assessment and
  677  the writing portion of the statewide, standardized ELA
  678  assessment for grades 4 through 10 must be administered no
  679  earlier than April 1 each year within an assessment window not
  680  to exceed 2 weeks.
  681         2. With the exception of assessments identified in
  682  subparagraph 1., any statewide, standardized assessment that is
  683  delivered in a paper-based format must be administered no
  684  earlier than May 1 each year within an assessment window not to
  685  exceed 2 weeks.
  686         3. With the exception of assessments identified in
  687  subparagraphs 1. and 2., any statewide, standardized assessment
  688  must be administered within a 4-week assessment window that
  689  opens no earlier than May 1 each year.
  691  Each school district shall administer the assessments identified
  692  under subparagraphs 2. and 3. no earlier than 4 weeks before the
  693  last day of school for the district.
  694         (h) The results of statewide, standardized assessment in
  695  ELA and mathematics, science, and social studies assessments,
  696  including assessment retakes, shall be reported in an easy-to
  697  read and understandable format and delivered in time to provide
  698  useful, actionable information to students, parents, and each
  699  student’s current teacher of record and teacher of record for
  700  the subsequent school year; however, in any case, the district
  701  shall provide the results pursuant to this paragraph within 1
  702  week after receiving the results from the department. A report
  703  of student assessment results must, at a minimum, contain:
  704         1. A clear explanation of the student’s performance on the
  705  applicable statewide, standardized assessments.
  706         2. Information identifying the student’s areas of strength
  707  and areas in need of improvement.
  708         3. Specific actions that may be taken, and the available
  709  resources that may be used, by the student’s parent to assist
  710  his or her child based on the student’s areas of strength and
  711  areas in need of improvement.
  712         4. Longitudinal information, if available, on the student’s
  713  progress in each subject area based on previous statewide,
  714  standardized assessment data.
  715         5. Comparative information showing the student’s score
  716  compared to other students in the school district, in the state,
  717  or, if available, in other states.
  718         6. Predictive information, if available, showing the
  719  linkage between the scores attained by the student on the
  720  statewide, standardized assessments and the scores he or she may
  721  potentially attain on nationally recognized college entrance
  722  examinations.
  723         (8) PUBLICATION OF ASSESSMENTS.—To promote transparency in
  724  the statewide assessment program, in any procurement for the
  725  statewide, standardized assessment in ELA, assessment in grades
  726  3 through 10 and the mathematics, science, and social studies
  727  assessment in grades 3 through 8, the Department of Education
  728  shall solicit cost proposals for publication of the state
  729  assessments on its website in accordance with this subsection.
  730         (a) The department shall publish each assessment
  731  administered under paragraph (3)(a) and subparagraph (3)(b)1.,
  732  excluding assessment retakes, at least once on a triennial basis
  733  pursuant to a schedule determined by the Commissioner of
  734  Education. Each assessment, when published, must have been
  735  administered during the most recent school year and be in a
  736  format that facilitates the sharing of assessment items.
  737         (b) The initial publication of assessments must occur no
  738  later than June 30, 2024 June 30, 2021, subject to
  739  appropriation, and must include, at a minimum, the grade 3 ELA
  740  and mathematics assessments, the grade 10 ELA assessment, and
  741  the Algebra I EOC assessment.
  742         (c) The department must provide materials on its website to
  743  help the public interpret assessment information published
  744  pursuant to this subsection.
  745         (9) CONCORDANT SCORES.—The Commissioner of Education must
  746  identify scores on the SAT and ACT that if achieved satisfy the
  747  graduation requirement that a student pass the grade 10
  748  statewide, standardized Reading assessment or, upon
  749  implementation, the grade 10 ELA assessment. The commissioner
  750  may identify concordant scores on assessments other than the SAT
  751  and ACT. If the content or scoring procedures change for the
  752  grade 10 Reading assessment or, upon implementation, the grade
  753  10 ELA assessment, new concordant scores must be determined. If
  754  new concordant scores are not timely adopted, the last-adopted
  755  concordant scores remain in effect until such time as new scores
  756  are adopted. The state board shall adopt concordant scores in
  757  rule.
  758         (12) REPORTS.—The Department of Education shall annually
  759  provide a report to the Governor, the President of the Senate,
  760  and the Speaker of the House of Representatives which shall
  761  include the following:
  762         (e)The number of students who after 8th grade enroll in
  763  adult education rather than other secondary education, which is
  764  defined as grades 9 through 12.
  765         Section 10. Subsection (1) of section 1008.24, Florida
  766  Statutes, is amended to read:
  767         1008.24 Test administration and security; public records
  768  exemption.—
  769         (1) A person may not knowingly and willfully violate test
  770  security rules adopted by the State Board of Education for
  771  mandatory tests administered by or through the State Board of
  772  Education or the Commissioner of Education to students,
  773  educators, or applicants for certification or administered by
  774  school districts pursuant to ss. 1002.69, 1003.52, 1003.56,
  775  1007.25, 1007.35, 1008.22, 1008.25, and 1012.56 s. 1008.22, or,
  776  with respect to any such test, knowingly and willfully to:
  777         (a) Give examinees access to test questions prior to
  778  testing;
  779         (b) Copy, reproduce, or use in any manner inconsistent with
  780  test security rules all or any portion of any secure test
  781  booklet;
  782         (c) Coach examinees during testing or alter or interfere
  783  with examinees’ responses in any way;
  784         (d) Make answer keys available to examinees;
  785         (e) Fail to follow security rules for distribution and
  786  return of secure test as directed, or fail to account for all
  787  secure test materials before, during, and after testing;
  788         (f) Fail to follow test administration directions specified
  789  in the test administration manuals; or
  790         (g) Participate in, direct, aid, counsel, assist in, or
  791  encourage any of the acts prohibited in this section.
  792         Section 11. Paragraph (a) of subsection (1) of section
  793  1008.34, Florida Statutes, is amended to read:
  794         1008.34 School grading system; school report cards;
  795  district grade.—
  796         (1) DEFINITIONS.—For purposes of the statewide,
  797  standardized assessment program and school grading system, the
  798  following terms are defined:
  799         (a) “Achievement level,” “student achievement,” or
  800  “achievement” describes the level of content mastery a student
  801  has acquired in a particular subject as measured by a statewide,
  802  standardized assessment administered pursuant to s.
  803  1008.22(3)(a) and (b). There are five achievement levels. Level
  804  1 is the lowest achievement level, level 5 is the highest
  805  achievement level, and level 3 indicates satisfactory
  806  performance. A student passes an assessment if the student
  807  achieves a level 3, level 4, or level 5. For purposes of the
  808  Florida Alternate Assessment administered pursuant to s.
  809  1008.22(3)(d) s. 1008.22(3)(c), the state board shall provide,
  810  in rule, the number of achievement levels and identify the
  811  achievement levels that are considered passing.
  812         Section 12. Subsection (2) of section 1008.3415, Florida
  813  Statutes, is amended to read:
  814         1008.3415 School grade or school improvement rating for
  815  exceptional student education centers.—
  816         (2) Notwithstanding s. 1008.34, the achievement levels and
  817  Learning Gains of a student with a disability who attends an
  818  exceptional student education center and has not been enrolled
  819  in or attended a public school other than an exceptional student
  820  education center for grades K-12 within the school district
  821  shall not be included in the calculation of the home school’s
  822  grade if the student is identified as an emergent student on the
  823  alternate assessment described in s. 1008.22(3)(d) s.
  824  1008.22(3)(c).
  825         Section 13. Paragraph (i) is added to subsection (4) of
  826  section 1009.286, Florida Statutes, to read:
  827         1009.286 Additional student payment for hours exceeding
  828  baccalaureate degree program completion requirements at state
  829  universities.—
  830         (4) For purposes of this section, credit hours earned under
  831  the following circumstances are not calculated as hours required
  832  to earn a baccalaureate degree:
  833         (i)Credit hours earned to meet the requirements of s.
  834  1007.25(4).
  835         Section 14. This act shall take effect July 1, 2021.