Florida Senate - 2018 SB 1644 By Senator Lee 20-01335C-18 20181644__ 1 A bill to be entitled 2 An act relating to instructional materials; amending 3 s. 1006.283, F.S.; requiring district school board 4 rules to include a longer public review period for 5 student editions of recommended instructional 6 materials; requiring district school boards to 7 establish by rule a process by which certain persons 8 may recommend instructional materials for 9 consideration by district instructional materials 10 reviewers; requiring a district school board to 11 provide notification to certain publishers; amending 12 s. 1006.31, F.S.; requiring public access to and an 13 opportunity to comment on instructional materials 14 recommended for adoption; requiring certain comments 15 to be provided to the Commissioner of Education; 16 requiring specified virtual presentations to be posted 17 on the Department of Education’s website; authorizing 18 members of the public to recommend instructional 19 materials for consideration; requiring the Department 20 of Education to provide notification to certain 21 publishers; conforming a cross-reference; amending s. 22 1006.34, F.S.; exempting certain instructional 23 materials from certain public review procedures; 24 authorizing district school board members to initiate 25 certain public review procedures before instructional 26 materials are adopted under certain conditions; 27 amending s. 1006.40, F.S.; conforming a provision to 28 changes made by the act; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Paragraph (b) of subsection (2) of section 33 1006.283, Florida Statutes, is amended to read: 34 1006.283 District school board instructional materials 35 review process.— 36 (2) 37 (b) District school board rules must also: 38 1. Identify, by subject area, a review cycle for 39 instructional materials. 40 2. Specify the qualifications for an instructional 41 materials reviewer and the process for selecting reviewers; list 42 a reviewer’s duties and responsibilities, including compliance 43 with the requirements of s. 1006.31; and provide that all 44 instructional materials recommended by a reviewer be accompanied 45 by the reviewer’s statement that the materials align with the 46 state standards pursuant to s. 1003.41 and the requirements of 47 s. 1006.31. 48 3. State the requirements for an affidavit to be made by 49 each district instructional materials reviewer which 50 substantially meet the requirements of s. 1006.30. 51 4. Comply with s. 1006.32, relating to prohibited acts. 52 5. Establish a process that certifies the accuracy of 53 instructional materials. 54 6. Incorporate applicable requirements of s. 1006.31, which 55 relates to the duties of instructional materials reviewers. 56 7. Incorporate applicable requirements of s. 1006.38, 57 relating to the duties, responsibilities, and requirements of 58 publishers of instructional materials. 59 8. Establish the process by which instructional materials 60 are adopted by the district school board, which must include: 61 a. A process to allow student editions of recommended 62 instructional materials to be accessed and viewed online by the 63 public at least 45
20calendar days before the school board 64 hearing and public meeting as specified in this subparagraph. 65 This process must include reasonable safeguards against the 66 unauthorized use, reproduction, and distribution of 67 instructional materials considered for adoption. 68 b. An open, noticed school board hearing to receive public 69 comment on the recommended instructional materials. 70 c. An open, noticed public meeting to approve an annual 71 instructional materials plan to identify any instructional 72 materials that will be purchased through the district school 73 board instructional materials review process pursuant to this 74 section. This public meeting must be held on a different date 75 than the school board hearing. 76 d. Notice requirements for the school board hearing and the 77 public meeting that must specifically state which instructional 78 materials are being reviewed and the manner in which the 79 instructional materials can be accessed for public review. The 80 hearing must allow the parent of a public school student or a 81 resident of the county to proffer evidence that a recommended 82 instructional material does not meet the criteria provided in s. 83 1006.31(2), taking into consideration course expectations based 84 on the district’s comprehensive plan for student progression 85 under s. 1008.25(2) and course descriptions in the course code 86 directory. 87 9. Establish the process by which the district school board 88 shall receive public comment on, and review, the recommended 89 instructional materials. 90 10. Establish the process by which instructional materials 91 will be purchased, including advertising, bidding, and 92 purchasing requirements. 93 11. Establish the process by which the school district will 94 notify parents of their ability to access their children’s 95 instructional materials through the district’s local 96 instructional improvement system and by which the school 97 district will encourage parents to access the system. This 98 notification must be displayed prominently on the school 99 district’s website and provided annually in written format to 100 all parents of enrolled students. 101 12. Establish the process by which parents and residents of 102 the county, as defined in s. 1006.28(1)(b), may recommend 103 instructional materials for consideration by district 104 instructional materials reviewers. The district school board 105 must notify the publisher of any instructional material that is 106 recommended for consideration and provide the publisher with the 107 Florida Instructional Materials Adoption Schedule for the 108 current adoption cycle. 109 Section 2. Subsection (2) of section 1006.31, Florida 110 Statutes, is amended, and subsection (4) is added to that 111 section, to read: 112 1006.31 Duties of the Department of Education and school 113 district instructional materials reviewer.—The duties of the 114 instructional materials reviewer are: 115 (2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To use the 116 selection criteria listed in s. 1006.34(2)(c) s. 1006.34(2)(b)117 and recommend for adoption only those instructional materials 118 aligned with the Next Generation Sunshine State Standards 119 provided for in s. 1003.41. Instructional materials recommended 120 by each reviewer shall be, to the satisfaction of each reviewer, 121 accurate, objective, balanced, noninflammatory, current, free of 122 pornography and material prohibited under s. 847.012, and suited 123 to student needs and their ability to comprehend the material 124 presented. Reviewers shall consider for recommendation materials 125 developed for academically talented students, such as students 126 enrolled in advanced placement courses. When recommending 127 instructional materials, each reviewer shall: 128 (a) Include only instructional materials that accurately 129 portray the ethnic, socioeconomic, cultural, religious, 130 physical, and racial diversity of our society, including men and 131 women in professional, career, and executive roles, and the role 132 and contributions of the entrepreneur and labor in the total 133 development of this state and the United States. 134 (b) Include only materials that accurately portray, 135 whenever appropriate, humankind’s place in ecological systems, 136 including the necessity for the protection of our environment 137 and conservation of our natural resources and the effects on the 138 human system of the use of tobacco, alcohol, controlled 139 substances, and other dangerous substances. 140 (c) Include materials that encourage thrift, fire 141 prevention, and humane treatment of people and animals. 142 (d) Require, when appropriate to the comprehension of 143 students, that materials for social science, history, or civics 144 classes contain the Declaration of Independence and the 145 Constitution of the United States. A reviewer may not recommend 146 any instructional materials that contain any matter reflecting 147 unfairly upon persons because of their race, color, creed, 148 national origin, ancestry, gender, religion, disability, 149 socioeconomic status, or occupation. 150 (4) PUBLIC ACCESS AND INPUT.—Members of the public must be 151 provided access to, and be given an opportunity to submit 152 comments on, instructional materials recommended for adoption by 153 state instructional materials reviewers. Any submitted comment 154 related to a specific recommended instructional material must be 155 provided to the commissioner as part of his or her consideration 156 of the instructional material pursuant to s. 1006.34(2)(a). Any 157 virtual presentation provided by a bidding instructional 158 material publisher or manufacturer must be posted on the 159 department’s website for public access until the adoption period 160 closes. Members of the public must also be allowed to recommend 161 any instructional material for consideration by state 162 instructional materials reviewers. The Department of Education 163 must notify the publisher of any instructional material that is 164 recommended for consideration and provide the publisher with the 165 Florida Instructional Materials Adoption Schedule for the 166 current adoption cycle. 167 Section 3. Present paragraph (b) of subsection (2) of 168 section 1006.34, Florida Statutes, is redesignated as paragraph 169 (c), and a new paragraph (b) is added to that subsection, to 170 read: 171 1006.34 Powers and duties of the commissioner and the 172 department in selecting and adopting instructional materials.— 173 (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.— 174 (b) Instructional materials are not subject to public 175 review procedures under s. 1006.40(4)(b) if the materials are 176 found by the commissioner to fully meet or be more rigorous than 177 the Next Generation Sunshine State Standards under s. 1003.41 178 and are found to comply with the adoption criteria and standards 179 of paragraph (c) and s. 1003.42 and are not prohibited by ss. 180 847.012 and 1002.206. However, a district school board member 181 may initiate the public review procedures before the 182 instructional materials are adopted by the commissioner if he or 183 she has evidence that the instructional materials do not meet 184 the criteria required by this paragraph. 185 Section 4. Paragraph (b) of subsection (4) of section 186 1006.40, Florida Statutes, is amended to read: 187 1006.40 Use of instructional materials allocation; 188 instructional materials, library books, and reference books; 189 repair of books.— 190 (4) Each district school board is responsible for the 191 content of all materials used in a classroom or otherwise made 192 available to students. Each district school board shall adopt 193 rules, and each district school superintendent shall implement 194 procedures, that: 195 (b) Except as provided in s. 1006.34(2)(b), provide a 196 process for public review of, public comment on, and the 197 adoption of instructional materials that satisfies the 198 requirements of s. 1006.283(2)(b)8., 9., and 11. 199 Section 5. This act shall take effect July 1, 2018.