Children of military families residing outside this state; flexible assessment administration.

(1) A Florida Virtual School full-time student of a military family residing outside this state who is prevented by his or her parent’s or guardian’s out-of-state military duty station’s location from participating in a Florida-based Florida Virtual School secure and proctored exam shall be offered flexibility with respect to assessment administration in order to demonstrate the grade-level mastery of skills that have been acquired and are measured by the statewide, standardized comprehensive assessment under s. 1008.22(3)(a); the statewide, standardized end-of-course assessment under s. 1008.22(3)(b); or an alternate assessment under s. 1008.22(3)(d).

(2)(a) The flexibility in assessment administration must allow a Florida Virtual School full-time student from a military family currently stationed outside this state to participate in statewide, standardized assessments administered securely by a licensed, certified instructor or an education services officer test administrator at his or her parent’s or guardian’s current military duty station.

(b) A licensed, certified instructor or an education services officer test administrator must meet the criteria specified in s. 1008.24(3)(a).

(3) The student’s parent or guardian may submit to the Florida Virtual School a written request for flexibility in assessment administration at any time during the school year, but not later than 90 days before the current school year’s assessment administration for which the request is made. A request must include written, official documentation of the family’s current out-of-state military duty stationing.

(4) Based on such documentation provided by the family pursuant to subsection (3), the Florida Virtual School shall submit a recommendation to the Department of Education as soon as practicable as to whether flexibility in assessment administration for a given statewide assessment should be granted or denied. Upon receipt of the request, documentation, and recommendation, the department shall verify the information documented as soon as practicable, make a determination, and notify the Florida Virtual School within 14 days. After the receipt of the department’s determination, the Florida Virtual School shall notify the parent or guardian whether the flexibility in assessment administration has been granted or denied. If the department grants the request, the student’s progress must be assessed with flexibility in assessment administration as provided in s. 1008.22.

(5) The Legislature may request from the Florida Virtual School a report containing the number of requests for flexibility in assessment administration made under this section; the number of requests for flexibility in assessment administration granted under this section; and data regarding student performance on statewide, standardized assessments.

(6) The State Board of Education shall adopt rules to implement this section.