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1
2 An act relating to K-12 education; amending s.
3 1001.35, F.S.; establishing term limits for school
4 board members; amending s. 1006.28, F.S.; deleting a
5 requirement that district school boards maintain a
6 specified list on their websites; requiring certain
7 meetings relating to instructional materials to be
8 noticed and open to the public; providing requirements
9 for the membership of committees related to
10 instructional materials; requiring certain individuals
11 involved in selecting library materials to complete a
12 specified training by a certain date; requiring
13 certain materials to be selected by employees who meet
14 specified criteria; requiring district school boards
15 to adopt procedures for developing library media
16 center collections; providing requirements for such
17 procedures; requiring elementary schools, district
18 school boards, and the Department of Education to post
19 on their websites specified information relating to
20 instructional materials and other materials in certain
21 formats; providing district school board requirements;
22 providing that school principals are responsible for
23 overseeing compliance with specified procedures
24 relating to library media center materials; amending
25 s. 1006.29, F.S.; requiring the department to develop
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26 a training program for the selection of materials used
27 in schools and library media centers by a certain
28 date; amending s. 1006.40, F.S.; revising district
29 school board requirements for the selection and
30 adoption of certain materials; amending s. 1011.67,
31 F.S.; requiring that the certification by district
32 school superintendents to the Commissioner of
33 Education identifies instructional materials that are
34 the subject of an objection and provides specified
35 information related to the objection; providing an
36 effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Section 1001.35, Florida Statutes, is amended
41 to read:
42 1001.35 Term of office.—District school board members
43 shall be elected at the general election in November for terms
44 of 4 years except that a person may not appear on the ballot for
45 reelection to the office of school board member if, by the end
46 of his or her current term of office, the person will have
47 served, or but for resignation would have served, in that office
48 for 12 consecutive years. Service of a term of office which
49 commenced before November 8, 2022, will not be counted toward
50 the limitation imposed by this section.
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51 Section 2. Paragraphs (a) and (d) of subsection (2) and
52 subsection (4) of section 1006.28, Florida Statutes, are
53 amended, and paragraph (e) is added to subsection (2) of that
54 section, to read:
55 1006.28 Duties of district school board, district school
56 superintendent; and school principal regarding K-12
57 instructional materials.—
58 (2) DISTRICT SCHOOL BOARD.—The district school board has
59 the constitutional duty and responsibility to select and provide
60 adequate instructional materials for all students in accordance
61 with the requirements of this part. The district school board
62 also has the following specific duties and responsibilities:
63 (a) Courses of study; adoption.—Adopt courses of study,
64 including instructional materials, for use in the schools of the
65 district.
66 1. Each district school board is responsible for the
67 content of all instructional materials and any other materials
68 used in a classroom, made available in a school library, or
69 included on a reading list, whether adopted and purchased from
70 the state-adopted instructional materials list, adopted and
71 purchased through a district instructional materials program
72 under s. 1006.283, or otherwise purchased or made available.
73 Each district school board shall maintain on its website a
74 current list of instructional materials, by grade level,
75 purchased by the district.
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76 2. Each district school board must adopt a policy
77 regarding an objection by a parent or a resident of the county
78 to the use of a specific instructional material, which clearly
79 describes a process to handle all objections and provides for
80 resolution. The process must provide the parent or resident the
81 opportunity to proffer evidence to the district school board
82 that:
83 a. An instructional material does not meet the criteria of
84 s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in
85 a course or otherwise made available to students in the school
86 district but was not subject to the public notice, review,
87 comment, and hearing procedures under s. 1006.283(2)(b)8., 9.,
88 and 11.
89 b. Any material used in a classroom, made available in a
90 school library, or included on a reading list contains content
91 that is pornographic or prohibited under s. 847.012, is not
92 suited to student needs and their ability to comprehend the
93 material presented, or is inappropriate for the grade level and
94 age group for which the material is used.
95
96 If the district school board finds that an instructional
97 material does not meet the criteria under sub-subparagraph a. or
98 that any other material contains prohibited content under sub -
99 subparagraph b., the school district shall discontinue use of
100 the material for any grade level or age group for which such use
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101 is inappropriate or unsuitable.
102 3. Each district school board must establish a process by
103 which the parent of a public school student or a resident of the
104 county may contest the district school board's adoption of a
105 specific instructional material. The parent or resident must
106 file a petition, on a form provided by the school board, within
107 30 calendar days after the adoption of the instructional
108 material by the school board. The school board must make the
109 form available to the public and publish the form on the school
110 district's website. The form must be signed by the parent or
111 resident, include the required contact information, and state
112 the objection to the instructional material based on the
113 criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days
114 after the 30-day period has expired, the school board must, for
115 all petitions timely received, conduct at least one open public
116 hearing before an unbiased and qualified hearing officer. The
117 hearing officer may not be an employee or agent of the school
118 district. The hearing is not subject to the provisions of
119 chapter 120; however, the hearing must provide sufficient
120 procedural protections to allow each petitioner an adequate and
121 fair opportunity to be heard and present evidence to the hearing
122 officer. The school board's decision after convening a hearing
123 is final and not subject to further petition or review.
124 4. Meetings of committees convened for the purpose of
125 ranking, eliminating, or selecting instructional materials for
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126 recommendation to the district school board must be noticed and
127 open to the public in accordance with s. 286.011. Any committees
128 convened for such purposes must include parents of district
129 students.
130 (d) School library media services; establishment and
131 maintenance.—Establish and maintain a program of school library
132 media services for all public schools in the district, including
133 school library media centers, or school library media centers
134 open to the public, and, in addition such traveling or
135 circulating libraries as may be needed for the proper operation
136 of the district school system. Beginning January 1, 2023, Each
137 school district shall provide training to school librarians, and
138 media specialists, and other personnel involved in the selection
139 of school district library materials must complete the training
140 program developed pursuant to s. 1006.29(6) before reviewing and
141 selecting regarding the prohibition against distributing harmful
142 materials to minors under s. 847.012 and applicable case law,
143 and best practices for providing students access to age-
144 appropriate materials and library resources. Upon written
145 request, a school district shall provide access to any material
146 or book specified in the request that is maintained in a
147 district school system library and is available for review.
148 1. Each book made available to students through a school
149 district library media center or included in a recommended or
150 assigned school or grade-level reading list must be selected by
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151 a school district employee who holds a valid educational media
152 specialist certificate, regardless of whether the book is
153 purchased, donated, or otherwise made available to students.
154 2. Each district school board shall adopt procedures for
155 developing library media center collections and post the
156 procedures on the website for each school within the district.
157 The procedures must:
158 a. Require that book selections meet the criteria in s.
159 1006.40(3)(d).
160 b. Require consultation of reputable, professionally
161 recognized reviewing periodicals and school community
162 stakeholders.
163 c. Provide for library media center collections based on
164 reader interest, support of state academic standards and aligned
165 curriculum, and the academic needs of students and faculty.
166 d. Provide for the regular removal or discontinuance of
167 books based on, at a minimum, physical condition, rate of recent
168 circulation, alignment to state academic standards and relevancy
169 to curriculum, out-of-date content, and required removal
170 pursuant to subparagraph (a)2.
171 3. Each elementary school must publish on its website, in
172 a searchable format prescribed by the department, a list of all
173 materials maintained in the school library media center or
174 required as part of a school or grade-level reading list.
175 (e) Public participation.—Publish on its website, in a
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176 searchable format prescribed by the department, a list of all
177 instructional materials, including those used to pr ovide
178 instruction required by s. 1003.42. Each district school board
179 must:
180 1. Provide access to all materials, excluding teacher
181 editions, in accordance with s. 1006.283(2)(b)8.a. before the
182 district school board takes any official action on such
183 materials. This process must include reasonable safeguards
184 against the unauthorized use, reproduction, and distribution of
185 instructional materials considered for adoption.
186 2. Select, approve, adopt, or purchase all materials as a
187 separate line item on the agenda and must provide a reasonable
188 opportunity for public comment. The use of materials described
189 in this paragraph may not be selected, approved, or adopted as
190 part of a consent agenda.
191 3. Annually, beginning June 30, 2023, submit to the
192 Commissioner of Education a report that identifies:
193 a. Each material for which the school district received an
194 objection pursuant to subparagraph (a)2. for the school year and
195 the specific objections thereto.
196 b. Each material that was removed or discontinued as a
197 result of an objection.
198 c. The grade level and course for which a removed or
199 discontinued material was used, as applicable.
200
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201 The department shall publish and regularly update a list of
202 materials that were removed or discontinued as a result of an
203 objection and disseminate the list to school districts for
204 consideration in their selection procedures.
205 (4) SCHOOL PRINCIPAL.—The school principal has the
206 following duties for the management and care of instructional
207 materials at the school:
208 (a) Proper use of instructional materials.—The principal
209 shall assure that instructional materials are used to provide
210 instruction to students enrolled at the grade level or levels
211 for which the materials are designed, pursuant to adopted
212 district school board rule. The school principal shall
213 communicate to parents the manner in which instructional
214 materials are used to implement the curricular objectives of the
215 school.
216 (b) Money collected for lost or damaged instructional
217 materials; enforcement.—The school principal shall collect from
218 each student or the student's parent the purchase price of any
219 instructional material the student has lost, destroyed, or
220 unnecessarily damaged and to report and transmit the money
221 collected to the district school superintendent. The failure to
222 collect such sum upon reasonable effort by the school principal
223 may result in the suspension of the student from participation
224 in extracurricular activities or satisfaction of the debt by the
225 student through community service activities at the s chool site
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226 as determined by the school principal, pursuant to policies
227 adopted by district school board rule.
228 (c) Sale of instructional materials.—The school principal,
229 upon request of the parent of a student in the school, shall
230 sell to the parent any instructional materials used in the
231 school. All such sales shall be made pursuant to rule adopted by
232 the district school board, and the principal shall annually
233 provide information to parents that they may purchase
234 instructional materials and how to purchase the materials.
235 (d) Disposition of funds.—All money collected from the
236 sale, exchange, loss, or damage of instructional materials shall
237 be transmitted to the district school superintendent to be
238 deposited in the district school board fund and added to t he
239 district appropriation for instructional materials.
240 (e) Accounting for instructional materials.—Principals
241 shall see that all instructional materials are fully and
242 properly accounted for as prescribed by adopted rules of the
243 district school board.
244 (f) Selection of library media center materials.—School
245 principals are responsible for overseeing compliance with school
246 district procedures for selecting school library media center
247 materials at the school to which they are assigned.
248 Section 3. Subsection (2) of section 1006.29, Florida
249 Statutes, is amended, and subsection (6) is added to that
250 section, to read:
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251 1006.29 State instructional materials reviewers.—
252 (2) For purposes of this part state adoption, the term
253 "instructional materials" means items having intellectual
254 content that by design serve as a major tool for assisting in
255 the instruction of a subject or course. These items may be
256 available in bound, unbound, kit, or package form and may
257 consist of hardbacked or softbacked textbooks, electronic
258 content, consumables, learning laboratories, manipulatives,
259 electronic media, and computer courseware or software. A
260 publisher or manufacturer providing instructional materials as a
261 single bundle shall also make the instructional materials
262 available as separate and unbundled items, each priced
263 individually. A publisher may also offer sections of state -
264 adopted instructional materials in digital or electronic
265 versions at reduced rates to districts, schools, and teachers.
266 (6) The department shall develop an online training
267 program for school librarians, media specialists, and other
268 personnel involved in the selection and maintenance of library
269 media and collections or materials maintained on a reading list.
270 This training must assist reviewers in complying with the
271 requirements of s. 1006.31(2). The department shall make this
272 training available no later than January 1, 2023. No later than
273 July 1, 2023, and annually thereafter, each superintendent must
274 certify to the department that all school librarians and media
275 specialists employed by the district have completed the online
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276 training program.
277 Section 4. Paragraph (b) of subsection (4) of section
278 1006.40, Florida Statutes, is amended to read:
279 1006.40 Use of instructional materials allocation;
280 instructional materials, library books, and reference books;
281 repair of books.—
282 (4) Each district school board is responsible for the
283 content of all materials used in a classroom or otherwise made
284 available to students. Each district school board shall adopt
285 rules, and each district school superintendent shall implement
286 procedures, that:
287 (b) Provide a process for public review of, public comment
288 on, and the adoption of instructional materials, including those
289 instructional materials used to provide instruction required by
290 s. 1003.42 teach reproductive health or any disease, including
291 HIV/AIDS, under ss. 1003.42(3) and 1003.46, which satisfies the
292 requirements of s. 1006.283(2)(b)8., 9., and 11.
293 Section 5. Subsection (2) of section 1011.67, Florida
294 Statutes, is amended to read:
295 1011.67 Funds for instructional materials.—
296 (2) Annually by July 1 and before the release of
297 instructional materials funds, each district school
298 superintendent shall certify to the Commissioner of Education
299 that the district school board has approved a comprehensive
300 staff development plan that supports fidelity of implementation
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301 of instructional materials programs, including verification that
302 training was provided; that the materials are being implemented
303 as designed; and, beginning July 1, 2021, for core reading
304 materials and reading intervention materials used in
305 kindergarten through grade 5, that the materials meet the
306 requirements of s. 1001.215(8). Such instructional materials, as
307 evaluated and identified pursuant to s. 1001.215(4), may be
308 purchased by the school district with funds under this section
309 without undergoing the adoption procedures under s.
310 1006.40(4)(b). The certification must identify any material that
311 received an objection pursuant to s. 1006.28 for the school year
312 and the specific objections thereto, each material that was
313 removed or discontinued as a result of an objection, and the
314 grade level and course for which a removed or discontinued
315 material was used, as applicable. This subsection does not
316 preclude school districts from purchasing or using other
317 materials to supplement reading instruction and provide
318 additional skills practice.
319 Section 6. This act shall take effect July 1, 2022.
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