Florida Senate - 2026                                     SB 342
       
       
        
       By Senator Arrington
       
       
       
       
       
       25-00697-26                                            2026342__
    1                        A bill to be entitled                      
    2         An act relating to statewide, standardized
    3         assessments; amending ss. 1008.22 and 1008.25, F.S.;
    4         requiring the Department of Education to develop
    5         versions of statewide, standardized assessments and
    6         specified portions of the statewide, standardized
    7         coordinated screening and progress monitoring system,
    8         respectively, in certain languages by a specified
    9         date; requiring the department to develop a timetable
   10         and an action plan for the development and
   11         implementation of such assessments and written
   12         portions of the system; requiring the department to
   13         establish criteria for the use of such assessments and
   14         portions of the system; authorizing parents to
   15         prohibit the use of such assessments and portions of
   16         the system in certain languages; providing an
   17         effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (d) of subsection (3) of section
   22  1008.22, Florida Statutes, is amended to read:
   23         1008.22 Student assessment program for public schools.—
   24         (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
   25  Commissioner of Education shall design and implement a
   26  statewide, standardized assessment program aligned to the core
   27  curricular content established in the state academic standards.
   28  The commissioner also must develop or select and implement a
   29  common battery of assessment tools that will be used in all
   30  juvenile justice education programs in the state. These tools
   31  must accurately measure the core curricular content established
   32  in the state academic standards. Participation in the assessment
   33  program is mandatory for all school districts and all students
   34  attending public schools, including adult students seeking a
   35  standard high school diploma under s. 1003.4282 and students in
   36  Department of Juvenile Justice education programs, except as
   37  otherwise provided by law. If a student does not participate in
   38  the assessment program, the school district must notify the
   39  student’s parent and provide the parent with information
   40  regarding the implications of such nonparticipation. The
   41  statewide, standardized assessment program shall be designed and
   42  implemented as follows:
   43         (d) Students with disabilities; Florida Alternate
   44  Assessment; English language learners.—
   45         1. Each district school board must provide instruction to
   46  prepare students with disabilities in the core content knowledge
   47  and skills necessary for successful grade-to-grade progression
   48  and high school graduation.
   49         2. A student with a disability, as defined in s. 1007.02,
   50  for whom the individual education plan (IEP) team determines
   51  that the statewide, standardized assessments under this section
   52  cannot accurately measure the student’s abilities, taking into
   53  consideration all allowable accommodations, shall have
   54  assessment results waived for the purpose of receiving a course
   55  grade and a standard high school diploma. Such waiver must shall
   56  be designated on the student’s transcript. The statement of
   57  waiver is shall be limited to a statement that performance on an
   58  assessment was waived for the purpose of receiving a course
   59  grade or a standard high school diploma, as applicable.
   60         3. The State Board of Education shall adopt rules, based
   61  upon recommendations of the commissioner, for the provision of
   62  assessment accommodations for students with disabilities and for
   63  students who have limited English proficiency.
   64         a. Accommodations that negate the validity of a statewide,
   65  standardized assessment are not allowed during the
   66  administration of the assessment. However, instructional
   67  accommodations are allowed in the classroom if identified in a
   68  student’s IEP. Students using instructional accommodations in
   69  the classroom which that are not allowed on a statewide,
   70  standardized assessment may have assessment results waived if
   71  the IEP team determines that the assessment cannot accurately
   72  measure the student’s abilities.
   73         b. If a student is provided with instructional
   74  accommodations in the classroom which that are not allowed as
   75  accommodations for statewide, standardized assessments, the
   76  district must inform the parent in writing and provide the
   77  parent with information regarding the impact on the student’s
   78  ability to meet expected performance levels. A parent must
   79  provide signed consent for a student to receive classroom
   80  instructional accommodations that would not be available or
   81  permitted on a statewide, standardized assessment and
   82  acknowledge in writing that he or she understands the
   83  implications of such instructional accommodations.
   84         c. If a student’s IEP states that online administration of
   85  a statewide, standardized assessment will significantly impair
   86  the student’s ability to perform, the assessment must shall be
   87  administered in hard copy.
   88         d.(I)By the 2027-2028 school year, the Department of
   89  Education shall develop a version of each statewide,
   90  standardized assessment in the three most prevalent languages
   91  represented in the English language learner population in this
   92  state. The department shall establish criteria for when the use
   93  of such assessments in a language other than English is
   94  appropriate. A parent of a student who is an English language
   95  learner may prohibit his or her student from being administered
   96  an assessment in a language other than English.
   97         (II)The department shall develop a timetable and an action
   98  plan to develop and implement the assessments in the additional
   99  languages as required under sub-sub-subparagraph (I) in addition
  100  to such assessments in additional languages, as feasible.
  101         4. For students with significant cognitive disabilities,
  102  the Department of Education shall provide for implementation of
  103  the Florida Alternate Assessment to accurately measure the core
  104  curricular content established in the state academic standards.
  105         Section 2. Paragraph (a) of subsection (9) of section
  106  1008.25, Florida Statutes, is amended to read:
  107         1008.25 Public school student progression; student support;
  108  coordinated screening and progress monitoring; reporting
  109  requirements.—
  110         (9) COORDINATED SCREENING AND PROGRESS MONITORING SYSTEM.—
  111         (a) The Department of Education, in collaboration with the
  112  Office of Early Learning, shall procure and require the use of a
  113  statewide, standardized coordinated screening and progress
  114  monitoring system for the Voluntary Prekindergarten Education
  115  Program and public schools. The system must:
  116         1. Measure student progress in meeting the appropriate
  117  expectations in early literacy and mathematics skills and in
  118  English Language Arts and mathematics standards as required by
  119  ss. 1002.67(1)(a) and 1003.41 and identify the educational
  120  strengths and needs of students.
  121         2. For students in the Voluntary Prekindergarten Education
  122  Program through grade 3, measure student performance in oral
  123  language development, phonological and phonemic awareness,
  124  knowledge of print and letters, decoding, fluency, vocabulary,
  125  and comprehension, as applicable by grade level, and, at a
  126  minimum, provide interval level and norm-referenced data that
  127  measures equivalent levels of growth.
  128         3. Be a valid, reliable, and developmentally appropriate
  129  computer-based direct instrument that provides screening and
  130  diagnostic capabilities for monitoring student progress;
  131  identifies students who have a substantial deficiency in reading
  132  or mathematics, including identifying students with
  133  characteristics of dyslexia, dyscalculia, and other learning
  134  disorders; and informs instruction. Any student identified by
  135  the system as having characteristics of dyslexia or dyscalculia
  136  shall undergo further screening. Beginning with the 2023-2024
  137  school year, the coordinated screening and progress monitoring
  138  system must be computer-adaptive.
  139         4. Provide data for Voluntary Prekindergarten Education
  140  Program accountability as required under s. 1002.68.
  141         5. Provide Voluntary Prekindergarten Education Program
  142  providers, school districts, schools, teachers, and parents with
  143  data and resources that enhance differentiated instruction and
  144  parent communication.
  145         6. Provide baseline data to the department of each
  146  student’s readiness for kindergarten. The determination of
  147  kindergarten readiness must be based on the results of each
  148  student’s initial progress monitoring assessment in
  149  kindergarten. The methodology for determining a student’s
  150  readiness for kindergarten must be developed by the department
  151  and aligned to the methodology adopted pursuant to s.
  152  1002.68(4).
  153         7. Assess how well educational goals and curricular
  154  standards are met at the provider, school, district, and state
  155  levels and provide information to the department to aid in the
  156  development of educational programs, policies, and supports for
  157  providers, districts, and schools.
  158         8.By the 2027-2028 school year, be available for all
  159  written portions and be in the three most prevalent languages
  160  represented in the English language learner population in this
  161  state. The department shall develop a timetable and an action
  162  plan to develop and implement the written portions of the system
  163  in such languages as required by sub-subparagraph a. in addition
  164  to such portions in additional languages, as feasible. The
  165  department shall establish criteria for when the use of such
  166  portions of the system in a language other than English is
  167  appropriate. A parent of a student who is an English language
  168  learner may prohibit his or her student from being administered
  169  such portions of the system in a language other than English.
  170         Section 3. This act shall take effect July 1, 2026.