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.
   30  Be It Enacted by the Legislature of the State of Florida:
   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 20 calendar 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:
  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.—
  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.