THE BILL ITSELF
HB 305
Statewide, Standardized Assessments
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A bill to be entitled
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An act relating to statewide, standardized
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assessments; amending ss. 1008.22 and 1008.25, F.S.;
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requiring the Department of Education to develop
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versions of statewide, standardized assessments and
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specified portions of the statewide, standardized
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coordinated screening and progress monitoring system,
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respectively, in certain languages by a specified
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date; requiring the department to develop a timetable
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and an action plan for the development and
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implementation of such assessments and written
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portions of the system; requiring the department to
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establish criteria for the use of such assessments and
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portions of the system; authorizing parents to
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prohibit the use of such assessments and portions of
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the system in certain languages; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (d) of subsection (3) of section
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1008.22, Florida Statutes, is amended to read:
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1008.22 Student assessment program for public schools.—
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(3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
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Commissioner of Education shall design and implement a
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statewide, standardized assessment program aligned to the core
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curricular content established in the state academic standards.
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The commissioner also must develop or select and implement a
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common battery of assessment tools that will be used in all
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juvenile justice education programs in the state. These tools
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must accurately measure the core curricular content established
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in the state academic standards. Participation in the assessment
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program is mandatory for all school districts and all students
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attending public schools, including adult students seeking a
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standard high school diploma under s. 1003.4282 and students in
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Department of Juvenile Justice education programs, except as
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otherwise provided by law. If a student does not participate in
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the assessment program, the school district must notify the
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student's parent and provide the parent with information
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regarding the implications of such nonparticipation. The
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statewide, standardized assessment program shall be designed and
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implemented as follows:
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(d) Students with disabilities; Florida Alternate
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Assessment; English language learners.—
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1. Each district school board must provide instruction to
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prepare students with disabilities in the core content knowledge
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and skills necessary for successful grade-to-grade progression
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and high school graduation.
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2. A student with a disability, as defined in s. 1007.02,
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for whom the individual education plan (IEP) team determines
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that the statewide, standardized assessments under this section
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cannot accurately measure the student's abilities, taking into
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consideration all allowable accommodations, shall have
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assessment results waived for the purpose of receiving a course
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grade and a standard high school diploma. Such waiver must shall
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be designated on the student's transcript. The statement of
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waiver is shall be limited to a statement that performance on an
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assessment was waived for the purpose of receiving a course
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grade or a standard high school diploma, as applicable.
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3. The State Board of Education shall adopt rules, based
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upon recommendations of the commissioner, for the provision of
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assessment accommodations for students with disabilities and for
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students who have limited English proficiency.
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a. Accommodations that negate the validity of a statewide,
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standardized assessment are not allowed during the
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administration of the assessment. However, instructional
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accommodations are allowed in the classroom if identified in a
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student's IEP. Students using instructional accommodations in
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the classroom which that are not allowed on a statewide,
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standardized assessment may have assessment results waived if
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the IEP team determines that the assessment cannot accurately
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measure the student's abilities.
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b. If a student is provided with instructional
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accommodations in the classroom which that are not allowed as
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accommodations for statewide, standardized assessments, the
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district must inform the parent in writing and provide the
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parent with information regarding the impact on the student's
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ability to meet expected performance levels. A parent must
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provide signed consent for a student to receive classroom
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instructional accommodations that would not be available or
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permitted on a statewide, standardized assessment and
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acknowledge in writing that he or she understands the
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implications of such instructional accommodations.
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c. If a student's IEP states that online administration of
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a statewide, standardized assessment will significantly impair
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the student's ability to perform, the assessment must shall be
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administered in hard copy.
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d.(I) By the 2027-2028 school year, the Department of
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Education shall develop a version of each statewide,
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standardized assessment in the three most prevalent languages
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represented in the English language learner population in this
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state. The department shall establish criteria for when the use
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of such assessments in a language other than English is
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appropriate. A parent of a student who is an English language
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learner may prohibit his or her student from being administered
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an assessment in a language other than English.
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(II) The department shall develop a timetable and an
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action plan to develop and implement the assessments in the
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additional languages as required under sub-sub-subparagraph (I)
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in addition to such assessments in additional languages, as
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feasible.
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4. For students with significant cognitive disabilities,
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the Department of Education shall provide for implementation of
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the Florida Alternate Assessment to accurately measure the core
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curricular content established in the state academic standards.
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Section 2. Paragraph (a) of subsection (9) of section
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1008.25, Florida Statutes, is amended to read:
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1008.25 Public school student progression; student
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support; coordinated screening and progress monitoring;
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reporting requirements.—
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(9) COORDINATED SCREENING AND PROGRESS MONITORING SYSTEM.—
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(a) The Department of Education, in collaboration with the
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Office of Early Learning, shall procure and require the use of a
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statewide, standardized coordinated screening and progress
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monitoring system for the Voluntary Prekindergarten Education
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Program and public schools. The system must:
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1. Measure student progress in meeting the appropriate
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expectations in early literacy and mathematics skills and in
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English Language Arts and mathematics standards as required by
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ss. 1002.67(1)(a) and 1003.41 and identify the educational
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strengths and needs of students.
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2. For students in the Voluntary Prekindergarten Education
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Program through grade 3, measure student performance in oral
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language development, phonological and phonemic awareness,
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knowledge of print and letters, decoding, fluency, vocabulary,
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and comprehension, as applicable by grade level, and, at a
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minimum, provide interval level and norm-referenced data that
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measures equivalent levels of growth.
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3. Be a valid, reliable, and developmentally appropriate
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computer-based direct instrument that provides screening and
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diagnostic capabilities for monitoring student progress;
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identifies students who have a substantial deficiency in reading
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or mathematics, including identifying students with
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characteristics of dyslexia, dyscalculia, and other learning
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disorders; and informs instruction. Any student identified by
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the system as having characteristics of dyslexia or dyscalculia
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shall undergo further screening. Beginning with the 2023-2024
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school year, the coordinated screening and progress monitoring
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system must be computer-adaptive.
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4. Provide data for Voluntary Prekindergarten Education
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Program accountability as required under s. 1002.68.
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5. Provide Voluntary Prekindergarten Education Program
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providers, school districts, schools, teachers, and parents with
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data and resources that enhance differentiated instruction and
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parent communication.
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6. Provide baseline data to the department of each
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student's readiness for kindergarten. The determination of
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kindergarten readiness must be based on the results of each
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student's initial progress monitoring assessment in
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kindergarten. The methodology for determining a student's
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readiness for kindergarten must be developed by the department
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and aligned to the methodology adopted pursuant to s.
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1002.68(4).
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7. Assess how well educational goals and curricular
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standards are met at the provider, school, district, and state
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levels and provide information to the department to aid in the
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development of educational programs, policies, and supports for
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providers, districts, and schools.
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8. By the 2027-2028 school year, be available in the three
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most prevalent languages represented in the English language
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learner population in this state for all written portions of the
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system. The department shall develop a timetable and an action
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plan to develop and implement the written portions of the system
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in such languages as required by this subparagraph in addition
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to such portions in additional languages, as feasible. The
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department shall establish criteria for when the use of such
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portions of the system in a language other than English is
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appropriate. A parent of a student who is an English language
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learner may prohibit his or her student from being administered
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such portions of the system in a language other than English.
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Section 3. This act shall take effect July 1, 2026.