HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:       CS/CS/HB 1193 K-12 Assessments and Accountability
SPONSOR(S): Education & Employment Committee, Early Learning & Elementary Education Subcommittee,
Plasencia and others
TIED BILLS: None IDEN./SIM. BILLS: CS/HB 1048
    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF
    1) Early Learning & Elementary Education                    12 Y, 4 N, As CS        Wolff              Brink
       Subcommittee
    2) PreK-12 Appropriations Subcommittee                      15 Y, 0 N               Bailey             Potvin
    3) Education & Employment Committee                         13 Y, 5 N, As CS        Wolff              Hassell
                                           SUMMARY ANALYSIS
In 2021, the Legislature passed HB 7011 which requires the Department of Education to implement a
statewide English language arts (ELA) and mathematics progress monitoring system for students in Voluntary
Prekindergarten (VPK) through grade 8. The bill enhances the VPK through grade 8 progress monitoring
system by expanding it to cover ELA in grades 9 and 10 and replacing the statewide, standardized ELA and
mathematics assessments with the end-of-year administration of the progress monitoring system (PM system).
The bill improves communication with parents regarding their student’s performance by requiring that district
assessment data be provided within 1 week of test administration; requiring that statewide assessment data be
provided to parents in an individual student report; and, beginning with the 2023-2024 school year, moving the
deadline for providing ELA and mathematics assessment results from June 30 to May 31. The bill requires that
individual student reports be provided electronically and contain resources to support informed parent
involvement.
The bill provides for the transition to the new PM system by holding schools harmless for the 2022-2023 school
year. Once learning gains can be calculated following the 2023-2024 school year, the State Board of Education
(SBE) must evaluate the school grading scale to determine if the scale should be adjusted.
The bill requires the SBE to annually review the school grading scale and to adjust the grading scale for a
school type (i.e. elementary, middle, high, or combination) when more than 75 percent of schools of that type
receive a grade of “A” or “B” for a given year. The first adjustment would occur no earlier than the 2023-2024
school year.
Additionally, the bill updates Florida’s school improvement system. The bill codifies the existing requirement
that a school implement intervention and support strategies upon initially receiving a grade of “D” and allows a
school to submit a turnaround plan prior to earning a second consecutive grade of “D.” The bill provides school
districts flexibility in implementing an external operator turnaround plan.
The bill requires the Commissioner of Education, based on a third-party review, to report on and make
recommendations related to the implementation of the PM system by January 31, 2025.
The bill does not appear to have a fiscal impact. See Fiscal Comments.
The bill has an effective date of July 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1193e.EEC
DATE: 2/23/2022
                                                          FULL ANALYSIS
                                                  I. SUBSTANTIVE ANALYSIS
    A. EFFECT OF PROPOSED CHANGES:
         Present Situation
         Florida’s Statewide Public School Accountability System
         Background
         School accountability generally refers to the actions taken by states and school districts to improve
         academic outcomes for all students by measuring and providing public information on student success
         and school and educator quality. Florida’s K-12 Accountability System was created to provide for a
         uniform, efficient, safe, secure, and high quality system of free public schools that allows students to
         obtain a high-quality education in accordance with s. 1, Art. IX of the Florida Constitution. 1
         Federal Requirements
         The Elementary and Secondary Education Act (ESEA) was signed into law in 19652 and was
         reauthorized by the No Child Left behind (NCLB) act in 2002 and the Every Student Succeeds Act
         (ESSA) in 2015.3
         The ESSA, like its predecessors NCLB and ESEA, aims to improve elementary and secondary
         education in public schools by conditioning the receipt of federal funds on the implementation of federal
         requirements. In order to receive Title I funds under ESSA, states must implement a statewide
         accountability system for K-12 public schools. ESSA also offers competitive and noncompetitive grant
         funds for teacher and school leader development, family engagement, student support, weighted per-
         pupil funding, and the development of innovative student progression systems and assessment
         formats.4
         The ESSA requires each state receiving Title I funds to submit a plan that includes:
             challenging academic standards for reading or English language arts (ELA) and mathematics;5
             high quality assessments in ELA, mathematics, and science;6
             long-term goals for all students and student subgroups 7 in the state, including measurements of
               interim progress toward meeting the goals;8
             multiple indicators of student success and school quality,9 including:
               o academic achievement as measured by statewide assessments in ELA and mathematics;
               o a 4-year graduation rate for high schools;
               o for elementary and middle schools, student growth or another academic indicator;
               o progress of English learners 10 (EL) toward English proficiency; and
               o an additional indicator of school quality or student success;
1 See s. 1008.345(1), F.S. The Commissioner of Education is responsible for implementing and maintaining a system of intensive
school improvement and stringent education accountability. See id.
2 Pub. L. No. 89-10 (April 11, 1965).
3 U.S. Department of Education, Every Student Succeeds Act, https://www.ed.gov/essa?src=rn (last visited Feb. 21, 2022).
4 20 U.S.C. s. 6311(a)(1).
5 20 U.S.C. s. 6311(b)(1).
6 20 U.S.C. s. 6311(b)(2).
7 For purposes of statewide accountability systems, student subgroups include economically disadvantaged students, students from
major racial and ethnic groups, children with disabilities, and English learners. 20 U.S.C. s. 6311(c)(2).
8 20 U.S.C. s. 6311(c)(4)(A).
9 20 U.S.C. s. 6311(c)(4)(B).
10 An English learner is between 3 to 21 years old; is enrolled or preparing to enroll in an elementary or secondary school; was not
born in the U.S. or has a native language other than English; and has difficulties in speaking, reading, writing, or und erstanding the
English language such that the student cannot meet the state’s academic standards, cannot achieve in a classroom with instruc tion in
English, or does not have the opportunity to participate fully in society. See 20 U.S.C. s. 7801(20).
STORAGE NAME: h1193e.EEC                                                                                                         PAGE: 2
DATE: 2/23/2022
                annual meaningful differentiation (i.e., levels of performance) based on the system’s
                 indicators;11 and
                identification of schools, based on annual meaningful differentiation, that require comprehensive
                 support and improvement or targeted support and improvement for specific student
                 subgroups.12
        The ESSA also requires each state and each local school district to annually publish a report card that
        provides information on student success, school quality, per-pupil funding, the progress of ELs toward
        English language proficiency, and, for the state, progress toward its long-term goals.13
        The U.S. Department of Education approved Florida’s ESSA State Plan in 2018. 14
        Overview of Florida’s Accountability system
        Florida’s statewide accountability system, as amended by the Legislature in 2017,15 comprises the
        following:
              Rigorous academic standards that establish what knowledge and skills students in kindergarten
                through grade 12 need to learn.16
              Statewide, standardized assessments to measure student achievement of the standards in
                specified subject areas and grade levels.17
              School and district grades based on student achievement of the standards and other indicators
                of school and district quality as well as school improvement ratings based on student learning
                growth.18
              School recognition funds that award schools for improving or achieving high levels of
                performance.19
              Performance evaluation criteria for teachers and administrators based in part on student
                achievement of the standards.20
              Public reporting of school, district, and teacher performance.21
              School improvement requirements to help struggling schools incorporate best practices and,
                when needed, to fundamentally restructure schools that continue to fail.22
        Florida’s Academic Standards
        Together, all of Florida’s academic standards compose the Next Generation Sunshine State Standards
        (NGSSS), which establish the core content of the curricula to be taught and specify the core content
        knowledge and skills that K-12 public school students are expected to acquire in ELA, science,
        mathematics, social studies, visual and performing arts, physical education, health, and foreign
        languages.23 The SBE is responsible for adopting the NGSSS in rule based upon review and
        recommendations by the Commissioner of Education (commissioner) in consultation with Florida
        educators, school administrators, and state colleges and universities. 24
11 20 U.S.C. s. 6311(c)(4)(C).
12 20 U.S.C. s. 6311(c)(4)(D).
13 See 20 U.S.C. s. 6311(h)(1) and (2).
14 Florida Department of Education, Approval Letter from the U.S. Department of Education , (Sept. 26, 2018), available at
https://www.fldoe.org/core/fileparse.php/14196/urlt/ESSA -ApprovalLetter.pdf.
15 Chapter 2017-116, L.O.F.
16 Section 1003.41, F.S.; rule 6A-1.09401, F.A.C.
17 Section 1008.22(3), F.S.
18 Section 1008.34, F.S. Alternative schools may receive a school improvement rating pursuant to s. 1008.341, F.S. Exceptional
student education centers may receive a school improvement rating pursuant to s. 1008.3415, F.S.
19 Section 1008.36, F.S. Funding for School Recognition was vetoed in 2020 and was not included in the 2021 General Appropriations
Act. See Specific Appropriation 10, ch. 2020-111, L.O.F. (vetoed by the Governor) and Chapter 2021-36, L.O.F.
20 Section 1012.34, F.S.
21 See ss. 1001.42(18), 1002.20(16), 1008.22(12), 1008.341(1), and 1012.34(1)(c), F.S.
22 Section 1008.33, F.S.; rule 6A-1.099811, F.A.C.
23 Section 1003.41(1) and (2), F.S.
24 See s. 1003.41(3), F.S.; Rule 6A-1.09401, F.A.C.
STORAGE NAME: h1193e.EEC                                                                                                  PAGE: 3
DATE: 2/23/2022
         The NGSSS must provide for the logical, sequential progression of core curricular content that
         incrementally increases a student’s knowledge and skills over time.25 Accordingly, the standards must
         include distinct grade-level expectations as follows:
                  Subject Areas                         Organization of Grade-Level Expectations
                  ELA                                   Grade-by-grade expectations for each individual
                  Science                               K-8 grade level; standards for grades 9-12 may
                                                        be organized by grade clusters of more than one
                  Mathematics                           grade level, e.g., courses such as Algebra I or
                  Social Studies                        U.S. History26
                  Visual and Performing Arts            Grade-by-grade expectations for each individual
                  Physical Education                    K-5 grade level; standards for grades 6-12 may
                                                        be organized by grade clusters of more than one
                  Health Education                      grade level, e.g., courses such as Latin I,
                  Foreign Languages                     Physical Education27
        Florida first established minimum student performance expectations and standards in 1977. 28 In 1996,
        the SBE adopted the Sunshine State Standards, predecessors to the NGSSS, based on the goals
        established under Blueprint 2000.29 Adoption and integration of the NGSSS began in 2008 and
        included the adoption of Common Core standards for ELA and mathematics in 2010.30 Amidst concerns
        over federal involvement in the selection and implementation of the standards and statewide,
        standardized assessments, Governor Rick Scott signed Executive Order No. 13-276 (2013),
        establishing the Florida Plan for Education Accountability. 31 As a result of the executive order and
        subsequent statewide public input,32 the SBE amended the ELA and mathematics standards, now
        called the “Florida Standards,”33 and the commissioner selected new statewide, standardized ELA and
        mathematics assessments aligned to the standards.34
         On January 31, 2019, Governor Ron DeSantis issued an executive order directing the commissioner to
         comprehensively review and collect public input on Florida’s academic standards for kindergarten
25 Section 1003.41(1), F.S.
26 Id.
27 Section 1003.41(2)(e), F.S.
28 See Florida Department of Education, Florida’s Adoption of State Standards Background , at 2 (2013), available at
http://www.fldoe.org/core/fileparse.php/5390/urlt/0081025-floridasadoptionofstatestandards.ppt.
29 See Florida Department of Education, FCAT Handbook , at 9 (2005), available at
http://www.fldoe.org/core/fileparse.php/7478/urlt/background.pdf.
30 See rule 6A-1.09401, F.A.C. For a progression of changes to Florida’s academic standards since 1999, see Florida Department of
State, Rule Title: Student Performance Standards,
https://www.flrules.org/gateway/RuleNo.asp?title=FINANCE%20A ND%20ADMINISTRATION&ID=6A -1.09401 (last visited Feb.
21, 2022) (providing a sequence of links to proposed and adopted amendments to rule 6A -1.09401, F.A.C.).
31 Office of the Governor, Executive Order13-276: Florida Plan for Educational Accountability, (September 23, 2013), available at
https://www.flgov.com/wp-content/uploads/2013/09/EO-13-276.pdf. The order directed the commissioner to take certain actions with
respect to four aspects of the education system in Florida: procurement of the next statewide, standardized asse ssments; student data
security; the school accountability system; and teacher evaluations.
32 Curva & Associates, LLC, Analysis of the Florida Common Core Standards Public Input Period , (Dec. 2013), available at
http://www.fldoe.org/core/fileparse.php/5390/urlt/0081021-floridastandardspublicreview.pdf (summarizing public comments and
recommendations concerning changes to Florida’s ELA and math standards ).
33 See rule 6A-1.09401(1)(l) and (m), F.A.C. See also Florida State Board of Education, Minutes for February 18, 2014 State Board of
Education Meeting, available at http://fldoe.org/core/fileparse.php/5444/urlt/0074998-minutes.pdf.
34 Florida Department of Education Press Office, With Students as Top Priority, Florida Chooses Replacement for FCAT, Press
Release (Mar. 17, 2014), available at http://www.fldoe.org/core/fileparse.php/5390/urlt/0081008-floridachoosesreplacementfcat.pdf.
STORAGE NAME: h1193e.EEC                                                                                                      PAGE: 4
DATE: 2/23/2022
         through grade 12 students and provide recommended revisions to the Governor by January 1, 2020.35
         The commissioner’s recommendations included replacing the Florida Standards for ELA and
         mathematics with the Benchmarks for Excellent Student Thinking (B.E.S.T.) Standards. 36 On February
         12, 2020, the SBE adopted the B.E.S.T. Standards in rule. 37 Implementation of the ELA standards
         began with the 2021-2022 school year, and implementation of the mathematics standards will begin
         with the 2022-2023 school year.38 On July 14, 2021, the SBE adopted updated standards for B.E.S.T.
         ELA, social studies, and health education as well as Access Points 39 for the B.E.S.T. ELA and
         mathematics standards.40
         Florida’s Statewide Student Assessment Program
         Federal Requirements
         The ESSA provides flexibility in state accountability systems, but maintains the assessment
         requirements of NCLB. Under ESSA, states receiving Title I funding are still required to administer the
         mathematics and reading or ELA assessments annually to students in grades 3 through 8 and once in
         high school.41 In addition, states are required to measure student proficiency in science at least once in
         grades 3 through 5; grades 6 through 9; and grades 10 through 12. 42 However, ESSA amended NCLB
         to allow for a state or a consortia of states to use multiple statewide interim assessments 43 that result in
         a single summative score,44 or a state can use a single summative assessment. 45 In addition, ESSA
         amended NCLB to allow states to administer computer adaptive assessments for the purposes of
         meeting federal requirements.46
         Florida Standards Assessment and the Next Generation Sunshine State Standards Assessment
         The primary purpose of the student assessment program is to provide student academic achievement
         and learning gains data to students, parents, teachers, school admini