HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: CS/HB

This document does not reflect the intent or official position of the bill sponsor or House of Representatives .

STORAGE NAME: h7025b.EEC

DATE: 2/1/2024

HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #: CS/HB 7025 PCB EQS 24-01 Education

SPONSOR(S): Education & Employment Committee, Education Quality Subcommittee, Trabulsy and others

TIED BILLS: None. IDEN./SIM. BILLS: CS/SB 7004

REFERENCE

ACTION

ANALYST

STAFF DIRECTOR or

BUDGET/POLICY CHIEF

Orig. Comm.: Education Quality Subcommittee

17 Y, 1 N

Blalock

Sanchez

1) Choice & Innovation Subcommittee

16 Y, 0 N

Blalock

Sleap

2) Education & Employment Committee

17 Y, 0 N, As CS

Blalock

Hassell

SUMMARY ANALYSIS

In 2023, the Florida Legislature passed House Bill 1 (Ch. 2023-16, Laws of Fla.), which included provisions regarding the deregulation

of public schools. In an effort to provide more flexibility and efficiency and reduce unnecessary regulation, the bill required the State

Board of Education (SBE) to develop and recommend to the Governor and Legislature for adoption during the 2024 legislative session

repeals and revisions to the Florida Early Learning-20 Education Code, chapters 1000-1013, Florida Statutes.

The bill provides flexibility for district school boards to determine the adequate number of instructional materials in each classroom. The

bill provides school districts with additional time to review state-adopted instructional materials by requiring the Department of

Education (DOE) to publish the list prior to the start of the local school district adoption process. It provides superintendents with

flexibility on instructional material reporting timeframes and removes the requirement for submitting a district school board plan for

instructional materials use. The bill authorizes principals to determine collection of funds for lost or damaged instructional materials. In

addition, the bill authorizes school districts to assess a processing fee for each objection to a material under certain circ umstances.

The bill allows a school district to meet the requirement to offer summer Voluntary Prekindergarten (VPK) by contracting with private

providers. The bill revises the requirement that summer VPK program providers administer the coordinated screening and progress

monitoring (CSPM) system from 3 times per year to 2 times per year. The bill requires the referral of certain VPK students to the local

school district to receive additional instruction prior to entering kindergarten. The bill removes the requirement for administration of the

common assessment for students in Department of Juvenile Justice (DJJ) prevention, residential, or day treatment programs, as well as

the requirement that district school boards take action on a provider contract for DJJ educational programs that continue to

underperform within 6 months after a monitoring plan. Additionally, the bill allows the SBE to provide a school implementing a

turnaround plan additional time to implement a community school model if the school has received a community school planning grant.

The bill removes the requirement for a school district to offer a virtual instruction option. The bill removes the requirement that a virtual

provider be nonsectarian. The bill also authorizes a school district virtual program to provide the equipment and access necessary for

participation to any full-time student enrolled in the program, regardless of income status.

The bill provides that a student who has filed a formal declaration of intent to terminate s chool enrollment may take the GED

assessment, without an extraordinary exemption, after reaching the age of 16.

The bill revises the requirements that each Early Learning Coalition submit a School Readiness Plan to the DOE and that the DOE

review each plan every 3 years, rather than every 2 years.

The bill removes the requirement for the SBE to establish the tuition and out-of-state fees for developmental education and for credit

instruction that may be counted toward certain post-secondary degrees. The bill also removes the requirement for the SBE to identify

performance metrics for the Florida College System (FCS) and develop a plan that specifies goals and objectives for each FCS

institution.

Finally, the bill repeals reporting relating to fine arts, charter technical career centers, middle grades career courses, academically high-

performing school districts, Committee of Practitioners under the No Child Left Behind Act, and duplicative community assessment

feedback reports.

The bill does not appear to have a fiscal impact.

The bill takes effect July 1, 2024.

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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:

Background

In 2023, the Florida Legislature passed House Bill 1 (HB1) (Ch. 2023-16, Laws of Fla.), which included

provisions regarding the deregulation of public schools. In an effort to provide more flexibility and

efficiency and reduce unnecessary regulation, the bill required the State Board of Education (SBE) to

develop and recommend to the Governor and Legislature for adoption during the 2024 legislative

session repeals and revisions to the Florida Early Learning-20 Education Code, chapters 1000-1013,

Florida Statutes.

Pursuant to HB1, the Department of Education (DOE) reviewed the entirety of the Code and

considered input from Florida teachers, superintendents, administrators, school boards, public and

private postsecondary institutions, home educators, and other stakeholders. Following that review, the

SBE developed recommendations for the deregulation of Florida public schools and provided them to

the Governor and Legislature on November 1, 2023.

Instructional Materials

Present Situation

Instructional Materials Purchase and Reporting

Each district school board has the constitutional duty and responsibility to select and provide adequate

instructional materials for all students.

Adequate instructional materials is defined as a sufficient

number of student or site licenses or set of materials that are available in bound, unbound, kit or

package form and may consist of textbooks, electronic content, consumables, learning laboratories,

manipulatives, electronic media and computer courseware or software that serve as the basis for

instruction for each student in the core subject areas.

The core subject areas are mathematics,

language arts, social studies, science, reading, and literature. Each district school board is required to

purchase current instructional materials to provide each student in kindergarten through grade 12 with

a major tool of instruction in core courses.

Purchases are required to be made within the first 3 years

after the effective date of the adoption cycle for instructional materials adopted by the state.

Each district school board or a consortium of school districts may implement an instructional materials

program that includes the review, recommendation, adoption, and purchase of instructional materials.

Procedures for the adoption of instructional materials by school districts or a consortium of school

districts are specified in law.

By May 15 of any year in which an instructional materials adoption is to be initiated, the DOE is

required to advertise in the Florida Administrative Register four weeks preceding the date on which the

bids must be received, that at a certain designated time, no later than June 15, sealed bids or

proposals to be deposited with the DOE will be received from publishers or manufacturers for the

furnishing of instructional materials proposed to be adopted as listed in the advertisement beginning

April 1 following the adoption.

Florida Department of Education (DOE), Recommendations to Reduce Regulation in Public Schools (2023), available at

https://flsenate.gov/Committees/Show/ED/MeetingPacket/5953/10483_MeetingPacket_5953_2.pdf.

Section 1006.28(2), F.S.

Section 1006.28(1)(a)1., F.S.

Section 1006.40(2), F.S.

Section 1006.40(2)-(3)(a), F.S.

Section 1006.283(1), F.S.

Section 1006.28(2), F.S.

Section 1006.33(1)(a), F.S.

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The district school superintendent is required to certify to the DOE annually by March 31 that all

instructional materials for core courses used by the district are aligned with state standards.

addition, each district school superintendent is required to annually notify the DOE by April 1 of the

state adopted materials that will be requisitioned for use in the district. The notification includes

providing a plan for instructional materials use to verify that adequate instructional materials were

requisitioned.

Each school principal is charged with duties related to instructional materials including proper use of

instructional materials, collections for lost or damaged materials, sale of materials, disposition of funds

collected for materials, accounting for materials, and selection of library media center materials.

For

lost, destroyed, or unnecessarily damaged materials, the school principal is required to collect from

each student or the student’s parent the purchase price of the material. Failure to pay may result in the

suspension of the student from participation in extracurricular activities or satisfaction of the debt by the

student through community service activities at the school site as determined by the school principal,

pursuant to district school board policies.

Objection to Materials

Each district school board is required to establish a process by which a parent or resident of the county

may contest the district school board’s adoption of a specific instructional material.

The parent or

resident must file a petition, on a form provided by the school board, within 30 calendar days after the

adoption of the instructional material. The school board must make the form available to the public and

publish the form on the school district’s website. The school board is required to conduct at least one

open public hearing before an unbiased and qualified hearing officer that is not an employee or agent

of the school district. Following the hearing, the school board’s decision is made and not subject to

further petition or review.

In addition, each school district must have a process by which a parent or resident of the county can

object to the use of a specific instructional material that was not subject to public adoption procedures

or any other material used in a classroom, made available in a school library, or included on a reading

list.

If, through this process, the district school board finds that an instructional material does not meet

state standards for adoption or that a material contains content harmful to a minor, is not suited to

student needs and ability to comprehend the material, or is inappropriate for the grade level and age

group it is used for, the district must discontinue the use of the material for that grade level or age

group.

Beginning June 30, 2023, the district school board must submit to the Commissioner of Education

(commissioner) a report that identifies:

 each material for which the school district received an objection for the school year, including

the grade level and course the material was used in and the grounds for the objection;

 each material that was removed or discontinued; and

 each material that was not removed or discontinued and the rationale for not removing or

discontinuing the material.

Section 1006.283(1), F.S.

Section 1006.28(3)(b), F.S.

Section 1006.28(4), F.S.

Section 1006.28(4)(b), F.S.

Section 1006.28(2)(a)3., F.S.

Id.

Section 1006.28(2)(a)2., F.S.

Id.

Section 1006.28(2)(e)3., F.S.

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The DOE must publish and regularly update a list of materials that were removed or discontinued as a

result of an objection and disseminate the list to school districts for consideration in their selection

procedures.

In fiscal year 2022-23, there were 1,218 objections in the state resulting in removal of 386 books. Over

half of the objections came from two school districts, Clay and Escambia. Clay County District Schools

reported 489 objections that resulted in removal of 177 book titles. Escambia County Public Schools

reported 215 objections that resulted in the removal of 9 book titles.

Effect of Proposed Changes

Instructional Materials Purchase and Reporting

The bill provides flexibility for district school boards to determine the adequate number of instructional

materials in each classroom, which authorizes sharing of materials, if appropriate.

The bill provides school districts with additional time to review state-adopted instructional materials by

requiring the DOE to publish the list prior to the start of the local school district adoption process.

Beginning with the 2025-2026 instructional materials adoption cycle, the bill requires the DOE to

publish the list of adopted instructional materials no later than December 1, 2025 and for adoption

cycles after 2025-2026, no later than July 31 in the year preceding the adoption. Additionally, the bill

requires the DOE to publish an instructional materials adoption timeline that must include at least six

months between the release of bid specifications and the deadline for the submission of bids.

The bill changes from a specific date to annually, as determined by the superintendent, for each

superintendent to certify to the DOE that all instructional materials for core courses are aligned with

state standards and to notify the DOE of the state-adopted instructional materials requisitioned for use

in his or her school district. The bill also removes the requirement that the notification must include a

district school board plan for instructional materials use.

Finally, the bill authorizes the school principal to determine when the collection of the purchase price for

lost, destroyed, or damaged materials is appropriate.

Objection to Materials

The bill authorizes school districts to assess a processing fee of $100 for each objection to a material

by a resident or parent whose student is not enrolled in the school where the material is located if the

parent or resident has unsuccessfully objected to five materials during the calendar year. The bill also

requires the school district to return the fee if the objection is upheld.

The bill requires that the DOE-published and regularly updated list of materials that were removed or

discontinued as a result of an objection be sorted by grade level.

PreK-12 Assessment, School Improvement, and Accountability

Present Situation

Pre-K-12 Assessments

The DOE is required to operate a statewide assessment program designed to accurately measure the

core curricula content of the state educational standards.

Participation in the assessment program is

mandatory for all school districts and all students attending public schools.

Id.

DOE, 2022-2023 School District Reporting Pursuant to Section 1006.28(2), Florida Statutes (2023), available at

https://www.fldoe.org/core/fileparse.php/5574/urlt/2223ObjectionList.pdf.

Section 1008.22(3), F.S.

Id.

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The statewide, standardized coordinated screening and progress monitoring (CSPM) system is used to

measure student progress in public schools and in the Voluntary Prekindergarten (VPK) program to

identify the educational strengths and needs of students.

The system measures student progress in

meeting the appropriate expectations in early literacy and mathematics skills and in English Language

Arts (ELA) and mathematics standards. For students in VPK through grade 3, the system measures

student performance in oral language development, phonological and phonemic awareness, knowledge

of print and letters, decoding, fluency, vocabulary, and comprehension, as applicable by grade level.

The system must be administered at least three times in the school year and summer VPK programs.

Student Assessment for Department of Juvenile Justice Programs

The SBE must adopt rules prescribing expectations for education programs in Department of Juvenile

Justice (DJJ) prevention, day treatment, residential, and detention programs.

The rules include, but

are not limited to, assessment procedures that require:

 A common assessment for students in DJJ prevention, residential, or day treatment programs

with a career assessment and academic assessment designed to benchmark student-level

learning gains in ELA and mathematics between entry and exit from a DJJ education program.

 A determination of areas of academic need and strategies for intervention and instruction for

students in a DJJ detention center.

The DOE, with school districts and juvenile justice education providers, selects an assessment

instrument to measure learning gains in ELA and mathematics for a student in a juvenile justice

education program.

Not only must students complete the common assessment, but all students in

DJJ programs must participate in the statewide, standardized CSPM system as well as assessments

for high school graduation.

The results of these assessments, together with a portfolio depicting the

student’s academic and career accomplishments, must be included in the discharge packet assembled

for each student.

SBE rules must also include an accountability system with a series of graduated sanctions for district

school boards whose educational programs in DJJ programs are considered to be unsatisfactory and if

district school boards fail to meet standards prescribed by law, rule, or SBE policy. These sanctions

include the option of requiring a district school board to contract with a provider or another district

school board within 6 months if the educational program at the DJJ program continues to perform

below minimum standards at the end of a 3-year monitoring period.

Community Partnership Schools

The community school is an approach used to improve the success of students, families and a

community through collaborations between a school and community partners.

The community school

model utilizes a long-term partnership program among a school district, a community organization, a

college or university, and a health care provider to establish, develop, and sustain a system for

addressing student, family, and community needs during and outside of the school day.

In 2019,

Section 1008.25(8)(a)1., F.S.

Section 1008.25(9)(b), F.S.; see rule 6M-8.620, F.A.C.

Section 1003.51(2), F.S.

Section 1003.51(2)(g)1. See also Florida Department of Education, FAQs on the Common Assessment for DJJ Programs, available

at https://www.fldoe.org/schools/k-12-public-schools/school-improvement/faq.stml (last visited Dec. 20, 2023).

Section 1003.52(3)(d), F.S.

Rule 6A-6.05281, F.A.C.

Section 1003.51(2)(g)2., F.S.

Section 1003.51(2)(r), F.S. See also Rule 6A-1.099813, F.A.C.

University of Central Florida Center for Community Schools, About Community Schools,

https://ccie.ucf.edu/communityschools/schools/, (last visited Jan. 24, 2024).

Section 1003.64(2)(c), F.S.

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Florida created a competitive grant program to expand community schools to improve student success

by promoting the collaborations between a school and community partners.

Currently there are 36 schools that are utilizing the community partnership model in Florida. Of the

approx. 33,600 students enrolled in a community school, 95 percent of those students are considered

economically disadvantaged.

In the 2022-2023 school year, over 550,000 hours of tutoring and

academic support and over 12,000 hours of mentoring were provided to students enrolled in a

community partnership school.

Additionally, over 9,600 behavioral health sessions and over 4,000

primary health visits were provided to students enrolled in a community partnership school.

Effect of Proposed Changes

Pre-K-12 Assessments

The bill revises the requirement that summer VPK program providers administer the CSPM system

from 3 times per year to 2 times per year, once at the beginning and once at the end of the summer

program. Administering the CSPM system 3 times per year during the shortened summer program

adds no instructional value and will not provide sufficient time between administrations to make data

informed decisions.

Student Assessment for Department of Juvenile Justice Programs

The bill removes the requirement for duplicative assessments of students in DJJ programs. Students in

DJJ programs are required to take the same statewide assessments as all public school students.

Under Florida’s new statewide CSPM system, the common assessment requirement is no longer

needed and removing it is consistent with the goal of reducing testing. The bill also revises the

requirements for which assessment results must be included in a student’s discharge packet.

The bill also removes the requirement that SBE rule include a provision that district school boards, for

programs that still fail to meet standards, take action on a provider contract within six months after a

monitoring plan. This will provide greater flexibility to the SBE to determine improvement measures for

district school board education programs.

Community Partnership Schools

The bill allows the SBE to provide a school implementing a turnaround plan additional time to

implement a community school model if the school has received a community school planning grant.

Grade Retention and Supports

Present Situation

Florida has long been a national leader in investments and policy ideas targeted at improving early

grades literacy. Specifically, over the past five years, the legislature has passed several policies that

provide targeted supports for early grades literacy, such as:

 Implementing a CSPM system in grades VPK-3 to allow educators to make real-time

adjustments to instruction throughout the school year.

 Enhancing the requirements for educators earning the reading endorsement.

Ch. 2011-23, L.O.F.

Id.

University of Central Florida, Center for Community School, 2022-2023 Impact data,

https://ccie.ucf.edu/communityschools/partnership-schools/cps-impact-data/, (last visited Jan. 24, 2024).

Id.

Ch. 2021-10, L.O.F.

Ch. 2021-09, L.O.F.

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 Providing books to eligible student in grades K-5 through the New Worlds Reading Initiative.

 Inclusion of a grade 3 English Language Arts (ELA) component in the school grades model.

Interventions and Required Supports for Struggling Readers

Students in kindergarten through grade 3 who exhibit a substantial reading deficiency, based on locally

collected data, statewide assessments, or through teacher observations, must be given intensive

reading instruction immediately following the identification of the deficiency.

A school may not wait for

a student to receive a failing grade at the end of a grading period to identify the student as having a

substantial reading deficiency and initiate intensive reading interventions.

A student’s reading

proficiency must be monitored and the intensive interventions must continue until the student

demonstrates grade level proficiency in a manner determined by the school district, which may include

achieving a Level 3 on the statewide, standardized ELA assessment.

Students who do not achieve a Level 3 or above on the statewide, standardized ELA assessment must

be evaluated to determine the nature of the student’s difficulty, the areas of academic need, and

strategies for providing academic supports to improve the student’s performance.

District school

boards are required to prioritize remedial and supplemental instruction resources first to students in

kindergarten through grade 3 who have a substantial reading deficiency and then to students who fail to

meet performance levels required for promotion under the school district’s student progression plan.

A student who is not meeting school district or state requirements for satisfactory performance in ELA

must be covered by one of the following plans:

 A federally required student plan such as an individual education plan (IEP);

 A school wide system of progress monitoring for all students, except that a student who scores

Level 4 or above on the ELA assessment may be exempted from participation by the principal;

 An individualized progress monitoring plan.

School districts have a variety of intervention and progress monitoring options available to help

students improve their academic performance. Retention is mandatory for grade 3 students who score

at Level 1 on the statewide, standardized ELA assessment.

Any student retained in grade 3 because

of his or her statewide, standardized ELA assessment score must receive intensive interventions and

be taught by a “highly-effective” teacher with a reading endorsement or certification in reading.

Interventions must include:

 Evidence-based, explicit, systematic, and multisensory reading instruction in phonemic

awareness, phonics, fluency, vocabulary, and comprehension and other strategies prescribed

by the school district.

 Participation in the school district’s summer reading camp.

 A minimum of 90 minutes of daily, uninterrupted reading instruction. This instruction may include

coordinated integration of content-rich texts in science and civic literacy; small group instruction;

reduced teacher-student ratios; more frequent progress monitoring, tutoring or mentoring;

transition classes containing and grades 3 and 4 students; and extended school day, week, or

year.

Ch. 2021-193, L.O.F.

Ch. 2023-39, L.O.F.

Section 1008.25(5)(a), F.S.

Section 1008.25(5)(a), F.S. See also s. 1003.57, F.S. For purposes of this section, a licensed professional means an individual

licensed pursuant to ch. 490, F.S.

Section 1008.25(5)(a), F.S.

Section 1008.25(4)(a), F.S.

Section 1008.25(3), F.S.

Section 1008.25(4)(b), F.S.

Section 1008.25(5)(c), F.S. A student may be promoted if he or she meets a “good cause” exception as provided in s. 1008.25(6)(b),

F.S.

See ss. 1008.25(7)(b)3. and 1012.34(2)(e), F.S.

Section 1008.25(7)(a), F.S.

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Additionally, each school district must establish at each school, when applicable, an intensive reading

acceleration course for any student retained in grade 3 who was previously retained in kindergarten,

grade 1, or grade 2. The intensive reading acceleration course must provide the following:

 Uninterrupted reading instruction for the majority of student contact time each day and

opportunities to master the grade 4 state academic standards in other core subject areas

through content-rich texts.

 Small group instruction.

 Reduced teacher-student ratios.

 The use of explicit, systematic, and multisensory reading interventions, including intensive

language, phonics, and vocabulary instruction, and use of a speech-language therapist if

necessary, that have proven results in accelerating student reading achievement within the

same school year.

 A read-at-home plan.

Third Grade Retention and Good Cause Exemptions

Since 2002, Florida has mandated that grade 3 students who score at an achievement level 1 on a

statewide, standardized assessment be retained unless a student meets a good cause exemption.

Students can meet a good cause exemption if one of the following criteria is met:

 Limited English proficient students who have had less than 2 years of instruction in an English

for Speakers of Other Languages program.

 Students with disabilities whose IEP indicates that participation in the statewide assessment

program is not appropriate.

 Students who demonstrate an acceptable level of performance on an alternative standardized

reading or ELA assessment approved by the State Board of Education.

 A student who demonstrates through a student portfolio that he or she is performing at least at

Level 2 on the statewide, standardized ELA assessment.

 Students with disabilities who take the statewide, standardized ELA assessment and who have

an IEP or a Section 504 plan that reflects that the student has received intensive instruction in

reading or ELA for more than 2 years but still demonstrates a deficiency and was previously

retained in prekindergarten, kindergarten, grade 1, grade 2, or grade 3.

 Students who have received intensive reading intervention for 2 or more years but still

demonstrate a deficiency in reading and who were previously retained in kindergarten, grade 1,

grade 2, or grade 3 for a total of 2 years. A student may not be retained more than once in

grade 3.

Effect of Proposed Changes

The bill requires each district school board to include VPK program students, who have been referred

to the school district as a result of exhibiting a substantial deficiency in early literacy skills as

determined by the midyear or final CSPM assessment, in the district’s comprehensive plan for student

progression.

Additionally, the bill requires that the student progression plan specify retention requirements for

students in kindergarten through grade 2 based on each student's performance in ELA and

mathematics. For students who are retained in kindergarten through grade 2, the plan must incorporate

parental notification requirements, include an opportunity for parental input on the retention decision,

and include information on the importance of students mastering early literacy and communication skills

in order to be reading at or above grade level by the end of grade 3.

The bill authorizes the use of remedial and supplemental instructional resources for VPK program

students who have a substantial deficiency in early literacy or early mathematics skills.

Section 1008.25(7)(b)4., F.S.

Ch. 2002-387, L.O.F.

Section 1008.25(7)(b)1.-6., F.S.

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The bill requires that an individualized progress monitoring plan for a student with a substantial reading

or mathematics deficiency be developed within 45 days after the results of the CSPM system becoming

available.

The bill requires public school VPK program students who exhibit a substantial deficiency in early

literacy or early mathematics skills, as determined by the results of the midyear or final administration of

the CSPM, be provided specific reading interventions immediately following the identification of the

deficiency.

The bill requires the SBE to adopt rules to provide guidelines for determining whether a student in a

public school VPK program has a substantial deficiency in reading or mathematics.

Current law requires that VPK students who exhibit a substantial deficiency in early literacy or early

mathematics skills, based upon the results of the final CSPM, be referred to the local school district and

provides that such student may be eligible to receive instruction in early literacy or early mathematics

skills before participating in kindergarten. The bill expands this to include VPK program students who

exhibit a substantial deficiency in the midyear CSPM.

The bill requires that parents of any VPK through grade 3 public school student, who exhibits a

substantial deficiency in reading or mathematics be immediately notified in writing. The notification must

include information on the student progression requirements. Furthermore, upon the request of the

parent, the bill requires the teacher or school administrator meet to discuss the student’s progress. The

parent may request more frequent notification of the student’s progress, more frequent interventions or

supports, and earlier implementation of the additional interventions or supports described in the initial

notification.

For students who have been promoted to grade 4 with a good cause exemption, the bill requires that

upon the request of the parent, the teacher or school administrator must meet to discuss the student’s

progress. The parent may request more frequent notification of the student’s progress, more frequent

interventions or supports, and earlier implementation of the additional interventions or supports

described in the initial notification.

High School Equivalency Diploma Program

Present Situation

The High School Equivalency Diploma offers students who are no longer enrolled in high school an

opportunity to earn a high school diploma by successfully passing the standard GED tests. A candidate

for a high school equivalency diploma must be at least 18 years of age on the date of the examination,

except that in extraordinary circumstances, as provided for in rules of the district school board of the

district in which the candidate resides or attends school, a candidate may take the examination after

reaching the age of 16.

School districts may not require a student who has reached the age of 16 to

take any course before taking the examination unless the student fails to achieve a passing score on

the GED practice test.

In the 2021-2022 graduation cohort, 392 students earned a GED-based

diploma.

Effect of Proposed Changes

The bill provides that a student who has filed a formal declaration of intent to terminate school

enrollment pursuant to s. 1003.21(1)(c) may take the assessment for a high school equivalency

diploma, without an extraordinary exemption, after reaching the age of 16.

Section 1003.435(4), F.S.

Id.

Florida Department of Education, Florida’s High School Cohort 2021-22 Graduation Rate,

https://www.fldoe.org/core/fileparse.php/7584/urlt/GradRates2122.pdf, (last visited Jan. 24, 2024).

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Education Choice and Virtual Instruction Programs

Present Situation

Academically Challenging Curriculum to Enhance Learning (ACCEL) Options

Each Florida school is required to offer Academically Challenging Curriculum to Enhance Learning

(ACCEL) options.

At a minimum each school must offer ACCEL options that include but are not

limited to: whole grade and midyear promotion; subject matter acceleration; virtual instruction in higher

grade level subjects; and the Credit Acceleration Program. Parents may request student participation in

an ACCEL option. However, when the option is requested by the parent, a performance contract must

be executed between the student, parent, and principal. At a minimum, the performance contract must

require compliance with:

 Minimum student attendance requirements.

 Minimum student conduct requirements.

 ACCEL option requirements established by the principal, which may include participation in

extracurricular activities, educational outings, field trips, interscholastic competitions, and other

activities related to the ACCEL option selected.

Virtual Instruction Programs

Virtual instruction programs are programs of instruction provided in an interactive learning environment

created through technology in which students are separated from their teachers by time, space, or

both.

Under Florida law

, a school district must establish multiple opportunities for student

participation in part-time and full-time kindergarten through grade 12 virtual instruction. Options include,

but are not limited to:

 School district operated part-time or full-time virtual instruction programs for kindergarten

through grade 12 students enrolled in the school district. A full-time program must operate

under its own Master School Identification Number.

 Florida Virtual School instructional services.

 Blended learning instruction provided by charter schools.

 Virtual charter school instruction.

 Courses delivered in the traditional school setting by personnel providing direct instruction

through virtual instruction or through blended learning courses consisting of both traditional

classroom and online instructional techniques.

 Virtual courses offered in the course code directory to students within the school district or to

students in other school districts throughout the state.

School districts are required to provide at least one option for part-time and full-time virtual instruction

for students residing within the school district.

School districts must also provide parents with timely

written notification of at least one open enrollment period for full-time students of 90 days or more

which ends 30 days before the first day of the school year.

To be approved, a virtual instruction

program provider must document that it is nonsectarian in its programs, admission policies,

employment practices, and operations.

School district virtual instruction programs must meet the following requirements:

Section 1002.3105, F.S.

Section 1002.3105(4)(c), F.S.

Section 1002.45(1)(a)3., F.S.

Ch. 2011-137, L.O.F.

Section 1002.321(3), F.S.

Section 1002.45(1)(b)1., F.S.

Id.

Section 1002.45(2)(a)1., F.S.

Section 1002.45(3), F.S.

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 Align virtual course curriculum and course content to the state academic standards.

 Offer instruction that is designed to enable a student to gain proficiency in each virtual

instruction course of study.

 Provide each student enrolled in the virtual instruction program with all the necessary

instructional materials.

 Provide each full-time student enrolled in the virtual instruction program who qualifies for free or

reduced-price school lunches under the National School Lunch Act, or who is on the direct

certification list, and who does not have a computer or Internet access in his or her home with:

o All equipment necessary for participants in the virtual instruction program, including, but

not limited to, a computer, computer monitor, and printer, if a printer is necessary to

participate in the virtual instruction program; and

o Access to or reimbursement for all Internet services necessary for online delivery of

instruction.

In 2023, the Legislature removed the requirement that a student take at least one online course in order

to graduate with a standard high school diploma.

Effect of Proposed Changes

Academically Challenging Curriculum to Enhance Learning (ACCEL) Options

The bill removes the requirement for a performance contract to be executed between the student,

parent, and principal when the request for an ACCEL option is made by the parent. Instead a

performance contract may be used at the principal’s discretion. This aligns with the flexibility offered to

a principal for a school-initiated ACCEL option.

Virtual Instruction Programs

The bill removes the requirement for a school district to establish multiple opportunities for student

participation in part-time and full-time kindergarten through grade 12 virtual instruction. The bill also

removes the requirement for the school district to offer a virtual option since the Legislature removed

the virtual course requirement for graduation. These changes provide school districts with more

flexibility and ability to compete.

The bill removes the requirement for a virtual provider to document that it is nonsectarian in its

programs, admission policies, employment practices, and operations.

Finally, the bill authorizes a school district virtual program to provide the equipment and access

necessary for participation to any full-time student enrolled in the program, not limited to those meeting

specified criteria.

School District and Department of Education Required Reports

Present Situation

Fine Arts Report

The commissioner is required to prepare an annual report that includes a description, based on annual

reporting by schools, of student access to and participation in fine arts courses, which are visual arts,

music, dance, and theatre courses; the number and certification status of educators providing

instruction in the courses; educational facilities designed and classroom space equipped for fine arts

instruction; and the manner in which schools are providing the core curricular content for fine arts

established in the state academic standards. The report is to be posted on the DOE’s website and

updated annually through the Know Your Schools portal.

Ch. 2023-16, L.O.F.

Section 1003.4995, F.S.

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Charter Technical Career Centers Report

A charter technical career center is a public school or a public technical center operated under a

charter granted by a district school board or Florida College System (FCS) institution board of trustees,

or a consortium of districts and FCS institutions.

The commissioner must provide for an annual comparative evaluation of charter technical career

centers and public technical centers. By December 30 of each year, the commissioner must submit to

the Governor, the President of the Senate, the Speaker of the House of Representatives, and the

Senate and House committees that have responsibility for secondary and postsecondary career and

technical education a report of the comparative evaluation completed for the previous school year.

There is only one charter technical center operating in Florida, Lake Technical College.

Middle Grades Career and Professional Academy Courses and Career-Themed Courses Report

Each district school board, in collaboration with local workforce development boards, economic

development agencies, and state-approved postsecondary institutions, are required to include plans to

implement a career and professional academy or a career-themed course in at least one middle school

in the district as part of the strategic 3-year plan.

The DOE is required to collect and report student

achievement data for students enrolled in an academy or a career-themed course.

Academically High-Performing School District Report

A school district is an academically high-performing school district if it meets the following criteria:

 Earns a grade of “A” for 2 consecutive years; and has no district-operated school that earns a

grade of “F”;

 Complies with all class size requirements in s. 1, Art. IX of the State Constitution; and

 Has no material weaknesses or instances of material noncompliance noted in the annual

financial audit conducted.

After a school district is determined to be an academically high-performing school district, it is required

to submit to the SBE and the Legislature an annual report on December 1 which delineates the

performance of the school district relative to the academic performance of students at each grade level

in reading, writing, mathematics, science, and any other subject that is included as a part of the

statewide assessment program.

Committee of Practitioners Pursuant to the Federal No Child Left Behind Act

The DOE is required to establish a committee of practitioners pursuant to federal requirements of the

No Child Left Behind Act of 2001. The committee members shall be appointed by the commissioner

and shall annually report to the Governor, the President of the Senate, and the Speaker of the House of

Representatives by January 1. The committee is required to meet regularly and is authorized to review

potential rules and policies that will be considered by the SBE.

Implementation of State System of School Improvement and Education Accountability

Section 1002.34(3)(a), F.S.

Section 1002.34(19), F.S.

Florida Department of Education, A Comparison of State of Florida Charter Technical Career Centers to District Non-Charter

Career Centers, Program Year 2021-2022, available at https://www.fldoe.org/core/fileparse.php/9904/urlt/charterreview22.pdf.

Section 1003.4935(1), F.S.

Section 1003.4935(3), F.S.

Section 1003.621(1), F.S.

Section 1003.621(4), F.S.

Section 1008.332, F.S.

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The commissioner is responsible for implementing and maintaining a system of intensive school

improvement and stringent education accountability.

The DOE must provide an annual feedback

report that includes the following:

 For each school district:

o The percentage of students, by school and grade level, demonstrating learning growth in

ELA and mathematics.

o The percentage of students, by school and grade level, in both the highest and lowest

quartiles demonstrating learning growth in ELA and mathematics.

o The information contained in the school district’s required annual report to the parent of

each student on the progress of the student toward achieving state and district

expectations for proficiency in ELA, science, social studies, and mathematics.

 Intervention and support strategies used by school districts whose students in both the highest

and lowest quartiles exceed the statewide average learning growth for students in those

quartiles.

 Intervention and support strategies used by school districts whose schools provide educational

services to youth in DJJ programs that demonstrate learning growth in ELA and mathematics

that exceeds the statewide average learning growth for students in those subjects.

 Intervention and support strategies used by school districts that were effective in improving the

reading performance of students, as indicated by student performance data, who are identified

as having a substantial reading deficiency.

The commissioner must review each district school board’s feedback report and submit findings to the

SBE. If adequate progress is not being made toward implementing and maintaining a system of school

improvement and education accountability, the SBE will direct the commissioner to prepare and

implement a corrective action plan. The commissioner and SBE must monitor the development and

implementation of the corrective action plan.

The commissioner will assign a community assessment team to each school district or governing board

with a school that earned a grade of “D” or “F” to review the school performance data and determine

causes for the low performance, including the role of school, area, and district administrative personnel.

The team will make recommendations to the school board or the governing board and to the SBE

based on the interventions and support strategies identified in the feedback report to address the

causes of the school’s low performance and to incorporate the strategies into the school improvement

plan. The assessment team must include, but not be limited to, a department representative, parents,

business representatives, educators, representatives of local governments, and community activists,

and must represent the demographics of the community from which they are appointed.

Effect of Proposed Changes

The bill repeals the following required reports:

 Fine Arts Report.

 Charter Technical Career Centers Report.

 Middle Grades Career and Professional Academy Courses and Career-Themed Courses

Report.

 Academically High-Performing School District Report.

All of the data used for these reports will still be available to the general public through the Know Your

Schools Portal and the PK-12 Public School Data Publications and Reports on the DOE website, or can

be provided upon request by the DOE.

Section 1008.345, F.S.

Section 1008.345(5), F.S.

Section 1008.25(10), F.S.

Section 1008.345(4), F.S.

Section 1008.345(6)(d), F.S.

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The bill removes the requirement for an annual report from the committee of practitioners pursuant to

the federal requirements of the No Child Left Behind Act as this report is neither required in federal law

nor necessary. The bill also updates references to the Every Student Succeeds Act of 2015.

The bill removes the requirement that the DOE develop an annual feedback report on progress toward

implementing and maintaining a system of school improvement and education accountability as this

data is available through the Know Your Schools Portal and the information collected by the DOE is

sufficient to inform the SBE and Legislature on the state of school improvement and necessary policy

revisions.

Finally, the bill removes the use of feedback reports when community assessment teams are making

recommendations to the school board or the governing board and to the SBE to address the causes of

a school’s low performance.

School District Programs

Present Situation

Competency Based Pilot Program

Beginning with the 2016-2017 school year, the Competency-Based Education Pilot Program was

created within the DOE to be administered for a period of 7 years, through the 2022-23 school year.

The purpose of the pilot program was to provide an educational environment that allows students to

advance to higher levels of learning upon the mastery of concepts and skills through statutory

exemptions relating to student progression and the awarding of credits.

The program was open to the

following school districts:

 The P.K. Yonge Developmental Research School

 Lake County School District

 Palm Beach County School District

 Pinellas County School District

 Seminole County School District

The last year of the program was the 2022-23 school year.

Single-Gender Programs

Florida allows a district school board to establish and maintain a non-vocational class, extracurricular

activity, or school for elementary, middle, or high school students in which enrollment is limited to a

single gender if the school district also makes available a substantially equal:

 Single-gender class, extracurricular activity, or school to students of the other gender; and

 Coeducational class, extracurricular activity, or school to all students.

Art in the Capitol Competition

The Art in the Capitol Competition is a statewide visual arts competition for students in grades 6

through 8, administered by the Department of Management Services and the DOE. Each school district

must annually hold an Art in the Capitol Competition for all public, private, and home education

students in grades 6 through 8.

Effect of Proposed Changes

Section 1003.4996, F.S.

Section 1003.4996(1), F.S.

Sections 1000.05 and 1002.311, F.S.

Section 1003.49965, F.S.

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The bill repeals the competency-based pilot program as 2022-23 was the last year of the pilot and it

was not extended in statute. It also repeals the state authorization for single-gender programs as it is

unnecessary and duplicative of federal law. School districts may still offer single-gender classes,

activities, or schools as long as they comport with applicable federal law.

Finally, the bill makes the

Art in the Capitol Competition optional for school districts.

School Readiness Oversight

Present Situation

Established in 1999,

the School Readiness Program provides subsidies for child care services and

early childhood education for children of low-income families; children in protective services who are at

risk of abuse, neglect, abandonment, or homelessness; foster children; and children with disabilities.

The School Readiness Program offers financial assistance for child care to these families while

supporting children in the development of skills for success in school. Additionally, the program

provides developmental screening and referrals to health and education specialists where needed.

These services are provided in conjunction with other programs for young children such as Head Start,

Early Head Start, Migrant Head Start, Child Care Resource and Referral (CCR&R), and the VPK

Program.

The School Readiness Program is a state-federal partnership between the DOE and the Office of Child

Care of the United States Department of Health and Human Services.

It is administered by early

learning coalitions (ELCs) at the county or regional level.

The DOE’s Division of Early Learning (DEL)

is the lead administrator of the program at the state level, including statewide coordination of the

ELCs.

Department of Education Oversight

The DOE is the lead agency in Florida for administering the federal Child Care and Development Block

Grant (CCDBG), from which funds are used to implement the School Readiness Program. Florida law

requires the DOE to focus on improving the educational quality of all program providers participating in

the School Readiness Program while preserving parental choice by permitting parents to choose from a

variety of child care categories.

The DOE must adopt, in rule, a statewide provider contract to be used by each School Readiness

Program provider, review and approve each ELC’s School Readiness Plan every 2 years, monitor and

evaluate the performance of each ELC in administering the School Readiness Program and the VPK

Program, and identify valid, reliable, observation-based child assessments.

Early Learning Coalition Oversight

34 C.F.R. s.106.34 provides federal provisions for education programs for students on the basis of their sex.

Section 1, ch. 99-357, L.O.F.

Sections 1002.81 and 1002.87, F.S.

Florida Department of Education, Division of Early Learning, What is School Readiness (SR)?, https://www.fldoe.org/schools/early-

learning/parents/school-readiness.stml (last visited Dec. 20, 2023).

Section 1002.82(1), F.S., U.S. Department of Health and Human Services, Office of Child Care (OCC), OCC Fact Sheet,

http://www.acf.hhs.gov/programs/occ/fact-sheet-occ (last visited Dec. 20, 2023).

Section 1002.83(1), F.S.

Section 1002.82(1), F.S., see also Florida Department of Education, Division of Early Learning, What is School Readiness (SR)?,

https://www.fldoe.org/schools/early-learning/parents/school-readiness.stml (last visited Dec. 20, 2023).

Section 1002.82(1) and (2)(a)-(b), F.S. Care and curriculum by a faith-based provider must not be limited or excluded in any of

these categories.

Section 1002.82(2)(e), (k), (m), and (s), F.S.

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Each ELC administers the School Readiness Program,

the VPK Program,

and the CCR&R Program

in its county or multicounty region.

There are currently 30 ELCs.

Each ELC is governed by a board

of directors comprised of various stakeholders and community representatives. Three board members,

including the chair, are appointed by the Governor.

In order to participate in the School Readiness Program, each ELC must biennially submit a School

Readiness Plan to the DOE for approval.

The plan must include, but is not limited to:

 The ELC’s operations, including its membership and articles of incorporation and bylaws, if

applicable.

 The minimum number of children to be served by care level.

 The procedures for implementing program requirements such as single point of entry, uniform

waiting list, eligibility and enrollment processes and local eligibility priorities, parent access and

choice, sliding fee scale, payment rate, use of preassessments and postassessments, as

applicable, and the use of contracted slots based on the ELC’s assessment of local priorities.

 A detailed description of the ELC’s quality activities and services, including resource and referral

and school-age child care, infant and toddler early learning, inclusive early learning programs,

and quality improvement strategies that strengthen teaching practices and increase child

outcomes.

 A detailed budget outlining the estimated expenditures for state, federal, and local matching

funds.

 A detailed accounting of all revenues and expenditures during the previous state fiscal year.

 Updated policies and procedures governing procurement, maintenance of tangible personal

property, maintenance of records, information technology security, and disbursement controls.

 A description of the procedures for monitoring school readiness program providers, including in

response to a parental complaint, to determine that standards are met using a standard

monitoring tool adopted by the department.

 Documentation that the coalition has solicited and considered comments regarding the

proposed school readiness plan from the local community.

 An assessment of local priorities within the county or multicounty region based on the needs of

families and provider capacity using available community data.

Effect of Proposed Changes

The bill revises the requirement that each ELC submit a School Readiness Plan to the DOE from every

2 years to every 3 years. The bill also revises the requirement that the DOE review each ELC’s School

Readiness Plan from every 2 years to every 3 years. These changes align the review process with the

DOE’s submission of the federal Child Care and Development Fund (CCDF) Plan. In addition, the bill

requires the ELCs to provide a detailed accounting of all revenues and expenditures during the 2

previous state fiscal years, rather than just the previous fiscal year. This aligns with the shift of the plan

submission and review from every 2 years to every 3 years.

Voluntary Prekindergarten Program

Present Situation

Part VI, ch. 1002, F.S.

Part V, ch. 1002, F.S.

Section 1002.84, F.S.

Florida Department of Education, Division of Early Learning, Early Learning Coalitions Directory, available at

https://www.fldoe.org/core/fileparse.php/20648/urlt/ELCDirectory.pdf. Florida law permits the establishment of 30 or fewer ELCs.

Section 1002.83(1), F.S.

Section 1002.83(3), F.S. In the absence of a governor-appointed chair, the Commissioner of Education may appoint an interim chair

from the current ELC board membership.

Section 1002.85(2), F.S.

Id.

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Since the inception of the Voluntary Prekindergarten (VPK) program, public schools have been

instrumental in delivering the program. Public schools deliver both the 540 hour school year VPK

program

and the 300 hour summer VPK program.

100

In general, public schools comprise just over 20

percent of the overall VPK programs during the entire program year.

101

Public schools are required to contract through the early learning coalitions and are subject to the same

requirements as non-public programs in terms of implementing instructional standards, personnel

requirements, and program accountability. While both public schools and private providers offer the

school year prekindergarten program, public school districts are required to offer the summer VPK

program, consisting of 300 hours of instruction, to any parent who enrolls his or her child in the

program.

102

Participation in the summer VPK program has steadily declined from 2016-2017 to 2022-

2023. For example, in the 2016-2017 summer VPK program there were 5,272 children enrolled, and in

the 2022-2023 summer program there were 2,620 children enrolled.

103

According to 2022-2023

summer VPK program data, there were 1,330 children enrolled in summer VPK public school programs

across 42 school districts.

104

These enrollments are in contrast to the 153,638 school year VPK

enrollment for 2022-2023.

105

Public school district funding for the summer VPK program requires that the number of children funded

is divisible by 12.

106

For example, if a district serves only 2 children for the summer VPK program, the

district is funded for 12 children. Based on data for the 2022-2023 program, 36 districts received

additional funding for 196 full-time equivalent enrollments over the actual program enrollment, for a total

of $469,028.

107

In general, VPK programs in public schools are subject to the same oversight as private VPK

programs, including requirements for use of the state contract, instructor to child ratios, instructor

training, attendance and reporting, accountability, and methods regarding reimbursement for the VPK

program. Early learning coalitions are required to monitor the compliance of public school VPK

programs in their county or multi-county service region for both school year

108

and summer

109

VPK

programs.

Effect of Proposed Changes

Current law requires each school district to administer a summer VPK Program. The bill authorizes a

public school district to contract with private providers to satisfy this requirement.

Florida College System Governance

Present Situation

State Board of Education Duties

Section 1002.63(1), F.S.

100

Section 1002.61(1), F.S.

101

Florida Department of Education, Division of Early Learning Annual Report 2021-2022, available at:

https://www.fldoe.org/core/fileparse.php/20628/urlt/2122-DEL-AnnualReport.pdf.

102

Section 1002.53(6)(b), F.S.

103

Office of Economic & Demographic Research, Early Learning Programs Estimating Conference Prekindergarten Education

Program, Conference Package (Aug. 10, 2023), available at http://edr.state.fl.us/Content/conferences/vpk/VPKResults.pdf.

104

Email, Florida Department of Education, Legislative Affairs (Oct. 27, 2023), on file with the Education & Employment

Committee.

105

Id.

106

Section 1002.71(3)(d), F.S.

107

Email, Florida Department of Education, Legislative Affairs (Oct. 27, 2023), on file with the Education & Employment

Committee. The amount is based on the 2022-23 summer VPK base student allocation of $2,393.

108

Section 1002.63(9)(a), F.S.

109

Section 1002.61(10)(a), F.S.

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The State Board of Education (SBE) is the constitutional entity charged with supervising the system of

free public schools in Florida.

110

In this role, it coordinates and implements public education in Florida,

except for the State University System. The SBE establishes objectives and long-range plans, appoints

the Commissioner of Education, annually develops a coordinated K-20 budget, and oversees the

Florida Department of Education (DOE).

111

The SBE has rulemaking authority to carry out these

functions

112

and implements accountability measures based primarily on student achievement for

Florida’s K-20 public education system, which includes K-12 free public schools and the Florida College

System (FCS).

113

Specifically, the SBE has education and oversight authority over school districts and the FCS

concerning performance and compliance with laws. This includes the authority of the commissioner to

investigate allegations of noncompliance; order compliance within a specified timeframe; and withhold

the transfer of state funds, discretionary grant funds, discretionary lottery funds, and other funds

deemed eligible by the Legislature until compliance is achieved.

114

The SBE is responsible for reviewing and administering the state program of support for the FCS

institutions and, subject to existing law, must establish the tuition and out-of-state fees for

developmental education and for credit instruction that may be counted toward an associate in arts

degree, an associate in applied science degree, or an associate in science degree.

115

The SBE is also

charged with identifying performance metrics for the FCS and developing a plan that specifies goals

and objectives for each FCS institution.

116

Florida College System Institution Student Fees

Florida Statute provides requirements for establishing tuition and fees at FCS institutions.

117

This

applies to fees charged for college credit instruction leading to an associate in arts degree, an

associate in applied science degree, or an associate in science degree, or a baccalaureate degree

authorized pursuant to s. 1007.33, for noncollege credit developmental education defined in s. 1004.02,

and for educator preparation institute programs defined in s. 1004.85.

118

Tuition and out-of-state fees for upper-division courses must reflect the fact that the FCS institution has

a less expensive cost structure than that of a state university. Therefore, the board of trustees shall

establish tuition and out-of-state fees for upper-division courses in approved baccalaureate degree

programs consistent with law and proviso language in the General Appropriations Act. However, the

board of trustees may vary tuition and out-of-state fees only as provided in statute.

119

Each FCS

institution board of trustees shall establish tuition and out-of-state fees, which may vary no more than

10 percent below and 15 percent above the combined total of the standard tuition and fees established

in statute.

120

Any proposal or action of a FCS institution to raise, impose, or authorize any fee, as authorized by law,

except for tuition, must be approved by a supermajority vote of the members of the board of trustees of

the institution, if approval by the board of trustees is required by general law, and at least a

supermajority vote of the members of the SBE, if approval by the SBE is required by general law, in

order to take effect.

121

110

See Fla. Const. Art. IX, s. 2; s. 1001.02(1), F.S.

111

See s. 1001.02, F.S.

112

Section 1001.02(1), F.S.

113

See ss. 1008.31 and 1008.32, F.S.

114

See s. 1008.32(2)-(4), F.S.

115

Section 1001.02(5), F.S.

116

Section 1001.03(17), F.S.

117

Section 1009.23, F.S.

118

Section 1009.23(1), F.S.

119

Section 1009.23(2)(b), F.S.

120

Section 1009.23(4), F.S.

121

Section 1009.23(21), F.S.

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Florida College System Institution Accountability Process

The SBE and the FCS institution boards of trustees must develop and implement an accountability plan

to improve and evaluate the instructional and administrative efficiency and effectiveness of the FCS.

The SBE must also submit an annual report, at the same time as the agency strategic plan required by

law,

122

providing the results of initiatives taken during the prior year and the initiatives and related

objective performance measures proposed for the next year. Within the annual evaluation, the SBE

must address the performance of the FCS executive director, and the FCS institution boards of trustees

must address the performance of the presidents, in the achievement of the performance goals

established by the accountability process.

123

Baccalaureate Degree Access

In 2001, the Legislature authorized a process by which community colleges could seek approval by the

SBE to grant baccalaureate degrees in limited areas. In that same legislation, St. Petersburg Junior

College was re-established as St. Petersburg College and its Board of Trustees was authorized to

establish one or more bachelor of applied science degree programs based on an analysis of workforce

needs in Pinellas, Pasco, and Hernando Counties and other counties approved by the DOE.

124

Effect of Proposed Changes

The bill removes the requirement for the SBE to establish the tuition and out-of-state fees for

developmental education and for credit instruction that may be counted toward an associate in arts

degree, an associate in applied science degree, or an associate in science degree. This language is

outdated and unnecessary, as the SBE does not set tuition and fees, rather these are established

pursuant to s. 1009.23, F.S. The bill removes the requirement for the SBE to identify performance

metrics for the FCS and develop a plan that specifies goals and objectives for each FCS institution.

This provision conflicts with the statutory requirement that the SBE include the FCS in its strategic plan

that specifies goals and objectives for the state’s public schools and Florida College System

institutions.

125

The bill also removes obsolete language referring to the Executive Director of the Florida College

System and regarding a special baccalaureate approval process for St. Petersburg College that was

put in place when bachelor’s degrees were first authorized in the FCS. Florida colleges have been

granted authorization from the Legislature to offer bachelor's degrees to meet local and regional

workforce need and demand.

126

Automotive Service Technology Education Programs

Present Situation

All automotive service technology programs are required to be industry certified in accordance with

rules adopted by the SBE. New programs and programs in the process of becoming certified have 3

years to do so. Students enrolled in a program that is not certified are not eligible to be reported for

state funding.

127

Effect of Proposed Changes

The bill repeals this section of law as it is not necessary for program quality as this is not required for

any other unregulated training program.

122

Section 1001.02(3), F.S.

123

Section 1008.45, F.S.

124

Section 1007.33, F.S.; see also Florida Department of Education, History of the Need for Baccalaureates Policy Paper (2005),

available at https://www.fldoe.org/core/fileparse.php/5592/urlt/0082822-histbacc.pdf.

125

Section 1001.02(3), F.S.

126

Section 1007.33, F.S.

127

Section 1004.925, F.S.

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B. SECTION DIRECTORY:

Section 1: Amends s. 1001.02, F.S., deleting a requirement that the State Board of Education

establish the cost of tuition and fees for developmental education and credit instruction

that may be counted toward an associate in arts degree, an associate in applied science

degree, or an associate in science degree.

Section 2: Amends s. 1001.03, F.S., deleting a requirement that the state board identify

performance metrics for the Florida College System and develop a plan that specifies

goals and objectives for each Florida College System institution.

Section 3: Amends s. 1002.3105, F.S., deleting a requirement that a performance contract must be

executed between the student, parent, and principal when the request for an

Academically Challenging Curriculum to Enhance Learning (ACCEL) option is made by

the parent; providing that a performance contract may be used at the discretion of the

principal.

Section 4: Repeals s. 1002.311, F.S., relating to single-gender programs.

Section 5: Amends s. 1002.34, F.S., deleting a requirement for the Commissioner of Education to

provide for an annual comparative evaluation of charter technical career centers and

public technical centers.

Section 6: Amends s. 1002.45, F.S., deleting a requirement that school districts offer a virtual

instruction program; deleting a requirement that a virtual instruction program provider

document that it is nonsectarian in its programs, admission policies, employment

practices; and operations; authorizing a school district virtual program to provide the

equipment and access necessary for participation to any full-time student enrolled in the

program.

Section 7: Amends s. 1002.61, F.S., authorizing school districts to satisfy specified requirements

for such program by contracting with certain providers.

Section 8: Amends s. 1002.82, F.S., requiring the Department of Education to review school

readiness program plans every 3 years, rather than every 2 years.

Section 9: Amends s. 1002.85, F.S., requiring early learning coalitions to submit school readiness

program plans to the department every 3 years, rather than every 2 years; requiring

early learning coalitions to provide a detailed accounting of all revenues and

expenditures during the 2 previous state fiscal years, rather than just the previous fiscal

year, in their school readiness program plans.

Section 10: Amends s. 1003.432, F.S., revising the eligibility requirements for students to take the

high school equivalency examination.

Section 11: Amends s. 1003.4935, F.S., deleting a requirement that the Department of Education

collect and report student achievement data for students enrolled in a middle school

career and professional academy or a career-themed course.

Section 12: Repeals s. 1003.4995, F.S., relating to the fine arts report prepared by the

Commissioner of Education.

Section 13: Repeals s. 1003.4996, F.S., relating to the Competency-Based Education Pilot Program.

Section 14: Amends s. 1003.49965, F.S., authorizing, rather than requiring, a school district to hold

an Art in the Capitol Competition.

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Section 15: Amends s. 1003.51, F.S., deleting a requirement for administration of the common

assessment for students in Department of Juvenile Justice (DJJ) prevention, residential,

or day treatment programs; revising requirements for which assessment results must be

included in a student’s discharge packet; providing the DOE and DJJ with the authority

to develop an accountability system for all programs specifically by removing the

reference to a 6 month timeline for a district school board to take action on a provider

contract for a DJJ educational program performing below minimum standards.

Section 16: Amends s. 1003.621, F.S., deleting a requirement for academically high-performing

school districts to submit an annual report to the state board.

Section 17: Repeals s. 1004.925, F.S., relating to automotive service technology education

programs and certification.

Section 18: Amends s. 1006.28, F.S., providing flexibility for district school boards to determine the

adequate number of instructional materials in each classroom; authorizing school

districts to assess a processing fee of $100 for each objection to a material under certain

circumstances; requiring the school district to return the fee if the objection is upheld;

requiring that the list of materials that were removed or discontinued as a result of an

objection, published and regularly updated by the Department of Education, be sorted by

grade level; changing from a specific date to annually for each superintendent to notify

the department of requisitioned state-adopted materials; deleting a requirement that

such notification must include a district school board plan for instructional materials use;

authorizing, rather than requiring, a school principal to collect the purchase price of

instructional materials lost, destroyed, or unnecessarily damaged by a student.

Section 19: Amends s. 1006.283, F.S., changing from a specific date to annually for each

superintendent to certify to the department that all instructional materials for core

courses are aligned with state standards.

Section 20: Amends s. 1006.33, F.S., beginning with a specified adoption cycle, requiring the

department to publish an instructional materials adoption timeline; providing

requirements for such timeline and adoption cycle; providing requirements for the 2025-

2026 instructional materials adoption cycle; providing an expiration date for such

requirements; deleting certain timelines relating to the adoption of instructional materials.

Section 21: Amends s. 1007.33, F.S., deleting a provision authorizing the Board of Trustees of St.

Petersburg College to establish certain baccalaureate degree programs.

Section 22: Amends s. 1008.25, F.S., revising the requirements for comprehensive plans for student

progression; revising the students who receive priority for allocation of remedial and

supplemental instruction resources; requiring individualized progress monitoring plans to

be developed within a specified timeframe; providing requirements for students in the

Voluntary Prekindergarten Education Program who exhibit a substantial deficiency in

early literacy skills and early mathematics skills; providing that substantial deficiencies in

early literacy skills and early mathematics skills for such students are determined by

specified results of the coordinated screening and progress monitoring; requiring the

State Board of Education to identify specified guidelines in rule; requiring teachers and

school administrators to meet with specified parents upon the request of such parents;

authorizing such parents to request specified actions; revising requirements for the

administration of the coordinated screening and progress monitoring system; providing

requirements for the administration of such system for students in the summer

prekindergarten program.

Section 23: Amends s. 1008.31, F.S., revising a provision relating to the No Child Left Behind Act of

2001.

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Section 24: Amends s. 1008.33, F.S., authorizing the state board to allow certain schools additional

time to implement a community school model.

Section 25: Amends s. 1008.332, F.S., revising a provision relating to the No Child Left Behind Act

to relate to the Every Student Succeeds Act; deleting a requirement for the committee of

practitioners to annually report to the Governor, the President of the Senate, and the

Speaker of the House of Representatives.

Section 26: Amends s. 1008.34, F.S., conforming cross references.

Section 27: Amends s. 1008.345, F.S., deleting a requirement for the Department of Education to

develop an annual feedback report; deleting a requirement for the Commissioner of

Education to review specified feedback reports and submit findings to the State Board of

Education; deleting certain requirements for a report the commissioner produces

annually for the state board and Legislature; deleting the use of feedback reports when

community assessment teams are making recommendations to the school board or the

governing board and to the state board; conforming a cross reference.

Section 28: Amends s. 1008.45, F.S., deleting outdated language referencing the Executive Director

of the Florida College System.

Section 29: Amends s. 1000.05, F.S., conforming cross-references and provisions to changes made

by the act.

Section 30: Amends s. 1002.31, F.S., conforming cross-references and provisions to changes made

by the act.

Section 31: Amends s. 1002.321, F.S., conforming cross-references and provisions to changes

made by the act.

Section 32: Amends s. 1002.33, F.S., conforming cross-references and provisions to changes made

by the act.

Section 33: Amends s. 1002.455, F.S., conforming cross-references and provisions to changes

made by the act.

Section 34: Amends s. 1008.22, F.S., conforming cross-references and provisions to changes made

by the act.

Section 35: Amends s. 1008.37, F.S., conforming cross-references and provisions to changes made

by the act.

Section 36: Amends s. 1013.841, F.S., conforming cross-references and provisions to changes

made by the act.

Section 37: Providing an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:

None.

2. Expenditures:

None.

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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:

None.

2. Expenditures:

None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

None.

D. FISCAL COMMENTS:

None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:

None.

2. Other:

None.

B. RULE-MAKING AUTHORITY:

The bill does not provide any additional rulemaking authority, however, rules adopted under existing

authority will need to be amended to conform with the provisions of the bill.

C. DRAFTING ISSUES OR OTHER COMMENTS:

None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

On January 30, 2024, the Education & Employment Committee considered a Proposed Committee

Substitute (PCS), adopted one amendment, and reported the bill favorably as a committee substitute. The

PCS as amended differed from the original bill in the following ways:

 Provides school districts with additional time to review state-adopted instructional materials by

requiring the DOE to publish the list prior to the start of the local school district adoption process.

Beginning with the 2025-2026 instructional materials adoption cycle, the bill requires the DOE to

publish the list of adopted instructional materials no later than December 1, 2025 and for adoption

cycles after 2025-2026, no later than July 31 in the year preceding the adoption.

 Limits the authority for school districts to assess a processing fee of $100 for each objection to a

material by a resident or parent whose student is not enrolled in the school where the material is

located if the parent or resident has unsuccessfully objected to five materials during the calendar

year.

 Removes requirement that any changes made by the State Board of Education (SBE) to

components in the school grades model or to the school grading scale must go into effect in the

following school year, at the earliest.

 Authorizes the SBE to provide a school implementing a turnaround plan additional time to

implement a community school model if the school has received a community school planning

grant.

 Requires each district school board to include Voluntary Prekindergarten (VPK) program students

referred to the school district as a result of exhibiting a substantial deficiency in early literacy skills

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as determined by the midyear or final coordinated screening and progress monitoring (CSPM)

assessment in the district’s comprehensive plan for student progression.

 Requires that a school district’s student progression plan specify retention requirements for

students in kindergarten through grade 2 based on performance in ELA and mathematics. The plan

must incorporate parental notification requirements, include an opportunity for parental input on the

retention decision, and include information on the importance of students mastering early literacy

and communication skills in order to be reading at or above grade level by the end of grade 3.

 Authorizes the use of remedial and supplemental instructional resources for VPK program students

who have a substantial deficiency in early literacy or early mathematics skills.

 Requires that an individualized progress monitoring plan for a student with a substantial reading or

mathematics deficiency be developed within 45 days after the results of the CSPM system

becoming available.

 Requires public school VPK program students who exhibit a substantial deficiency in early literacy

or early mathematics skills, as determined by the results of the midyear or final administration of the

CSPM, be provided specific reading interventions immediately following the identification of the

deficiency.

 Requires the SBE to adopt rules to provide guidelines for determining whether a student in a public

school VPK program has a substantial deficiency in reading or mathematics.

 Requires that VPK students who exhibit a substantial deficiency in early literacy or early

mathematics skills, based upon the results of the midyear or final CSPM, be referred to the local

school district and provides that such students may be eligible to receive instruction in early literacy

or early mathematics skills before participating in kindergarten.

 Requires that parents of any VPK through grade 3 public school student who exhibits a substantial

deficiency in reading or mathematics be immediately notified in writing. The notification must

include information on student progression requirements. Upon request of the parent, the teacher or

school administrator must meet to discuss the student’s progress. The parent may request more

frequent notification of the student’s progress, more frequent interventions or supports, and earlier

implementation of the additional interventions or supports described in the initial notification.

 Requires that for students promoted to grade 4 with a good cause exemption, upon request of the

parent, the teacher or school administrator must meet to discuss the student’s progress. The parent

may request more frequent notification of the student’s progress, more frequent interventions or

supports, and earlier implementation of the additional interventions or supports described in the

initial notification.

 Provides that a student who has filed a formal declaration of intent to terminate school enrollment

pursuant to s. 1003.21(1)(c) may take the assessment for a high school equivalency diploma,

without an extraordinary exemption, after reaching the age of 16.

 Authorizes a public school district to contract with private providers to satisfy the requirement that

each school district offer a summer VPK program.

The analysis is drafted to the committee substitute adopted by the Education & Employment Committee.