Senate Bill 0850c1

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    Florida Senate - 2000                            CS for SB 850

    By the Committee on Education and Senator Cowin





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  1                      A bill to be entitled

  2         An act relating to instructional materials;

  3         amending s. 230.23, F.S.; prescribing duty of

  4         school boards to provide instructional

  5         materials; amending s. 233.09, F.S.; amending

  6         existing notice requirements and eliminating

  7         the requirements for providing weighted and

  8         unweighted aggregations; amending s. 233.16,

  9         F.S.; changing the reference from the

10         Department of Education to the Commissioner of

11         Education with respect to certain duties in

12         selecting and adopting instructional materials;

13         eliminating a condition for rejecting bids;

14         amending s. 233.17, F.S.; changing the term of

15         adoption for instructional materials;

16         eliminating the optional escalator clause in

17         certain contracts; amending s. 233.22, F.S.;

18         requiring the superintendent of a school

19         district to requisition certain materials;

20         allowing the superintendent of a school

21         district to requisition certain materials;

22         amending s. 233.25, F.S.; requiring publishers

23         and manufacturers to retain instructional

24         materials in a depository for a specified

25         period of time and to ensure the availability

26         of materials; authorizing the Commissioner of

27         Education to accept certain submissions under

28         certain circumstances; amending s. 233.34,

29         F.S.; requiring school districts to purchase

30         instructional materials in core courses of

31         subject areas within a specified time;

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  1         providing exceptions; allowing school districts

  2         to make certain purchases when authorized in

  3         the General Appropriations Act; changing dates

  4         for authorized purchase orders; amending s.

  5         233.37, F.S.; providing for the disposal of

  6         unserviceable instructional materials and those

  7         no longer on state contract; eliminating

  8         contracts between the Department of Education

  9         and recycling firms; authorizing the district

10         school board to prescribe policies for

11         destroying instructional materials; requiring

12         that certain moneys be deposited in the

13         district school fund and added to the district

14         appropriation for instructional materials;

15         repealing s. 233.38, F.S., relating to the

16         exchange of textbooks by school districts;

17         amending s. 233.43, F.S.; requiring district

18         school board policies to include the

19         superintendent's responsibilities for keeping

20         records pursuant to s. 233.46(4), F.S.;

21         establishing notification requirements for

22         superintendents; requiring reports; amending s.

23         233.46, F.S.; adding a responsibility for

24         principals; requiring policies by district

25         school boards related to lost or damaged books;

26         requiring a report by the Department of

27         Education; requiring that the Executive Office

28         of the Governor and the Secretary of State

29         renegotiate existing contracts for certain

30         instructional materials; amending s. 230.23025,

31         F.S.; requiring that administrative and

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  1         instructional technology be included in the

  2         review of best financial management practices;

  3         amending s. 233.07, F.S.; providing for more

  4         members on the state committees; providing for

  5         geographical representation; creating s.

  6         233.66, F.S.; authorizing the Commissioner of

  7         Education to take certain actions; creating

  8         additional responsibilities for publishers;

  9         providing an effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Subsection (7) of section 230.23, Florida

14  Statutes, is amended to read:

15         230.23  Powers and duties of school board.--The school

16  board, acting as a board, shall exercise all powers and

17  perform all duties listed below:

18         (7)  COURSES OF STUDY AND OTHER INSTRUCTIONAL MATERIALS

19  AIDS.--Provide adequate instructional materials aids for all

20  children as follows and in accordance with the requirements of

21  chapter 233. For purposes of this subsection, the term

22  "adequate instructional materials" means a sufficient number

23  of textbooks or sets of materials serving as the basis for

24  instruction for each student in the core courses of

25  mathematics, language arts, social studies, science, reading,

26  and literature, except for instruction for which the school

27  advisory council approves the use of a program that does not

28  include a textbook as a major tool of instruction.

29         (a)  Courses of study; adoption.--Adopt courses of

30  study for use in the schools of the district.

31

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  1         (b)  Textbooks.--Provide for proper requisitioning,

  2  distribution, accounting, storage, care, and use of all

  3  instructional materials furnished by the state and furnish

  4  such other instructional materials as may be needed. The

  5  school board is responsible for assuring that instructional

  6  materials used in the district are consistent with the

  7  district goals and objectives and the curriculum frameworks

  8  approved by the State Board of Education, as well as with the

  9  state and district performance standards provided for in ss.

10  229.565 and 232.2454.

11         (c)  Other instructional materials aids.--Provide such

12  other teaching accessories and aids as are needed to carry out

13  the program.

14         (d)  School library media services; establishment and

15  maintenance.--Establish and maintain school library media

16  centers, or school library media centers open to the public,

17  and, in addition thereto, such traveling or circulating

18  libraries as may be needed for the proper operation of the

19  district school system. Establish and maintain a program of

20  school library media services for all public schools.

21         Section 2.  Subsection (1) and paragraphs (f) and (g)

22  of subsection (4) of section 233.09, Florida Statutes, are

23  amended to read:

24         233.09  Duties of each state instructional materials

25  committee.--The duties of each state instructional materials

26  committee shall be:

27         (1)  PLACE AND TIME OF MEETING.--To meet at the call of

28  the Commissioner of Education, at a place in the state

29  designated by him or her, and to remain there in session for a

30  period of time, not to exceed 20 days, for the purpose of

31  evaluating and recommending instructional materials for

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  1  adoption by the state. All meetings of state instructional

  2  materials committees shall be announced publicly through the

  3  news media of the state and in the Florida Administrative

  4  Weekly at least 2 weeks prior to the date of convening.  The

  5  announcement of the meeting shall include the agenda of the

  6  meeting.  All meetings of the committees shall be open to the

  7  public.

  8         (4)  EVALUATION OF INSTRUCTIONAL MATERIALS.--To

  9  evaluate carefully all instructional materials submitted, to

10  ascertain which instructional materials, if any, submitted for

11  consideration best implement the selection criteria developed

12  by the Commissioner of Education and those curricular

13  objectives included within applicable performance standards

14  provided for in s. 229.565.

15         (f)  When recommending instructional materials for use

16  in the schools, each committee shall have the recommendations

17  of all districts which submit evaluations on the materials

18  submitted for adoption in that particular subject area

19  aggregated and presented to the members to aid them in the

20  selection process.; however, such aggregation shall be

21  weighted in accordance with the full-time equivalent student

22  percentage of each district. Each committee shall prepare an

23  additional aggregation, unweighted, with Each district

24  recommendation must be given equal consideration.  No

25  Instructional materials may not shall be evaluated or

26  recommended for adoption unless each of the district

27  committees has shall have been loaned the specified number of

28  samples.

29         (g)  In addition to relying on statements of publishers

30  or manufacturers of instructional material, any committee may

31  conduct, or cause to be conducted, an independent

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  1  investigation as to the compliance of submitted materials with

  2  the requirements of this section.

  3         Section 3.  Subsection (2) of section 233.16, Florida

  4  Statutes, is amended to read:

  5         233.16  Powers and duties of Department of Education in

  6  selecting and adopting instructional materials.--The powers

  7  and duties of the Department of Education in selecting and

  8  adopting instructional materials shall be:

  9         (2)  SELECTION AND ADOPTION OF INSTRUCTIONAL

10  MATERIALS.--The Department of Education shall notify all

11  publishers or manufacturers of instructional materials who

12  have submitted bids that within 3 weeks after the deadline for

13  receiving bids, at a designated time and place, it will open

14  bids and proposals which have been submitted and deposited

15  with the Department of Education.  At the time and place

16  designated, the bids or proposals shall be opened, read, and

17  tabulated in the presence of the bidders or their

18  representatives.  No one may revise his or her bid after the

19  bids have been filed.  When all bids or proposals have been

20  carefully considered, the Commissioner of Education department

21  shall, from the list of suitable, usable, and desirable

22  instructional materials reported by the state instructional

23  materials committee, select and adopt instructional materials

24  for each grade and subject field in the curriculum of public

25  elementary and secondary schools in the state in which

26  adoptions are made and in the subject areas designated in the

27  advertisement, which adoption shall continue for the period

28  specified in the advertisement, to begin on the ensuing April

29  1.  Such adoption shall not prevent the extension of a

30  contract as provided in subsection (3).  The Commissioner of

31  Education department shall always reserve to itself the right

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  1  to reject any and all bids or proposals if it is of the

  2  opinion that any or all bids, for any reason, should be

  3  rejected. The Commissioner of Education department may ask for

  4  new sealed bids from publishers or manufacturers whose

  5  instructional materials were recommended by the state

  6  instructional materials committee as suitable, usable, and

  7  desirable; specify the dates for filing such bids and the date

  8  on which they shall be opened; and proceed in all matters

  9  regarding the opening of bids and the awarding of contracts as

10  required by the terms and provisions of this chapter. In all

11  cases, bids or proposals shall be accompanied by a cash

12  deposit or certified check of from $500 to $2,500, as the

13  Commissioner of Education department may direct.  The

14  department, in adopting instructional materials, shall give

15  due consideration both to the prices bid for furnishing

16  instructional materials and to the report and recommendations

17  of the state instructional materials committee. When the

18  Commissioner of Education department has finished with the

19  report of the state instructional materials committee, the

20  report shall be filed and preserved in the office of the

21  Department of Education and shall be available at all times

22  for public inspection.

23         Section 4.  Section 233.17, Florida Statutes, is

24  amended to read:

25         233.17  Term of adoption for instructional materials.--

26         (1)  The term of adoption of any instructional

27  materials must be a 6-year an 8-year period beginning on April

28  1 following the adoption, except for the core subject areas

29  which include mathematics, science, social studies, reading,

30  and literature which shall be for a term not to exceed 6 years

31  beginning on April 1 following the adoption. Any contract for

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  1  instructional materials may be extended as prescribed in s.

  2  233.16(3).  The Commissioner of Education may approve terms of

  3  adoption of less than 8 years for materials in content areas

  4  which require more frequent revision.

  5         (2)  Any contract placing an instructional material on

  6  adoption for 4 or more years shall provide that a publisher or

  7  manufacturer of instructional materials may, at the end of the

  8  third year during the term of the contract, upon giving 60

  9  days' notification, increase such contract price to the

10  publisher's or manufacturer's then-current lowest wholesale

11  price at which the materials are then being offered to any

12  state or school district in the United States, except that

13  such adjustment shall not exceed the percentage by which the

14  consumer price index as determined by the United States

15  Department of Labor has increased during the time the contract

16  has been in force.  Such price increase shall remain in effect

17  for the remaining term of the contract, unless the contract

18  price is increased as permitted above.

19         (2)(3)  The department shall publish annually an

20  official schedule of subject areas to be called for adoption

21  for each of the succeeding 2 years, and a tentative schedule

22  for years 3, 4, 5, and 6. If extenuating circumstances

23  warrant, the Commissioner of Education may order the

24  department to add one or more subject areas to the official

25  schedule, in which event the commissioner shall develop

26  criteria for such additional subject area or areas pursuant to

27  s. 229.512(18) and make them available to publishers as soon

28  as practicable. Notwithstanding the provisions of s.

29  229.512(18), the criteria for such additional subject area or

30  areas may be provided to publishers less than 24 months before

31  the date on which bids are due. The schedule shall be

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  1  developed so as to promote balance among the subject areas so

  2  that the required expenditure for new instructional materials

  3  is approximately the same each year in order to maintain

  4  curricular consistency.

  5         Section 5.  Section 233.22, Florida Statutes, is

  6  amended to read:

  7         233.22  Requisition of instructional materials from

  8  publisher's depository.--

  9         (1)  The superintendent shall requisition adopted

10  instructional materials from the depository of the publisher

11  with whom a contract has been made. However, the

12  superintendent shall requisition current instructional

13  materials to provide each student with a textbook or other

14  materials as a major tool of instruction in core courses of

15  the subject areas specified in s. 233.34(2). These materials

16  must be requisitioned within the first 2 years of the adoption

17  cycle, except for instructional materials related to growth of

18  student membership or instructional-materials-maintenance

19  needs. The superintendent may requisition instructional

20  materials in the core subject areas specified in s. 233.34(2)

21  that are related to growth of student membership or

22  instructional-materials-maintenance needs during the 3rd, 4th,

23  5th, and 6th years of the original contract period.

24         (2)  The superintendent shall verify that such

25  requisition is complete and accurate and order the depository

26  to forward to him or her the adopted instructional materials

27  shown by the requisition.  The depository shall prepare an

28  invoice of the materials shipped, including shipping charges,

29  and mail it to the superintendent to whom the shipment is

30  being made. The superintendent shall pay the depository within

31  60 days after receipt of the requisitioned materials from the

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  1  appropriation for the purchase of adopted instructional

  2  materials.

  3         Section 6.  Subsections (8) and (12) of section 233.25,

  4  Florida Statutes, are amended, present subsections (13) and

  5  (14) of that section are redesignated as subsections (16) and

  6  (17), respectively, and new subsections (13), (14), and (15)

  7  are added to that section, to read:

  8         233.25  Duties, responsibilities, and requirements of

  9  publishers and manufacturers of instructional

10  materials.--Publishers and manufacturers of instructional

11  materials, or their representatives, shall:

12         (8)  Provide any instructional materials free of charge

13  in the state to the same extent as that received by any state

14  or school district in the United States. The commissioner may

15  accept submissions that include a charge for ancillary

16  materials provided free of charge in other states' contracts

17  if the publisher reduces the total program cost to state

18  school districts.

19         (12)  Maintain, or contract with, a depository in the

20  state and maintain there an inventory sufficient to receive

21  and fill orders for instructional materials.

22         (13)  For the core subject areas specified in s.

23  233.34(2), maintain in the depository for the first 2 years of

24  the contract an inventory of instructional materials which is

25  sufficient to receive and fill orders.

26         (14)  For the core subject areas specified in s.

27  233.34(2), ensure the availability of an inventory sufficient

28  to receive and fill orders for instructional materials for

29  growth, including the opening of a new school, and replacement

30  during the 3rd, 4th, 5th, and 6th years of the original

31  contract period.

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  1         (15)  For all other subject areas, maintain in the

  2  depository an inventory of instructional materials which is

  3  sufficient to receive and fill orders.

  4         Section 7.  Section 233.34, Florida Statutes, is

  5  amended to read:

  6         233.34  Use of instructional materials allocation;

  7  instructional materials, library books, and reference books;

  8  repair of books; exceptions.--

  9         (1)  On or before July 1 each year, the commissioner

10  shall certify to the superintendent of each district the

11  estimated allocation of state funds for instructional

12  materials, computed pursuant to the provisions of chapter 236

13  for the ensuing fiscal year.

14         (2)(a)  Each school district must purchase current

15  instructional materials to provide each student with a

16  textbook or other instructional materials as a major tool of

17  instruction in core courses of the subject areas of

18  mathematics, language arts, science, social studies, reading,

19  and literature for kindergarten through grade 12. Such

20  purchase must be made within the first 2 years of the

21  effective date of the adoption cycle.

22         (b)  The requirement in paragraph (a) does not apply to

23  contracts in existence before April 1, 2000, or to a purchase

24  related to growth of student membership in the district or for

25  instructional-materials-maintenance needs.

26         (c)  Any school district that meets the requirement in

27  paragraph (a) may use at least 5 percent of public school

28  technology funds to purchase electronic book readers when

29  authorized to do so in the General Appropriations Act.

30         (d)  The exceptions in subsections (3) and (4) for the

31  use of the annual allocation do not apply to this subsection.

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  1         (3)(a)(2)  Each school district shall use the annual

  2  allocation for the purchase of instructional materials

  3  included on the state-adopted list.  No less than 50 percent

  4  of the annual allocation shall be used to purchase items which

  5  will be used to provide instruction to students at the level

  6  or levels for which the materials are designed.

  7         (b)  However, up to 50 percent of the annual allocation

  8  may be used for the purchase of instructional materials,

  9  including library and reference books and nonprint materials,

10  not included on the state-adopted list and for the repair and

11  renovation of textbooks and library books.

12         (c)  Notwithstanding the provisions of this subsection,

13  school districts may use 100 percent of that portion of the

14  annual allocation which is designated by the district for the

15  purchase of instructional materials for kindergarten, and 75

16  percent of that portion of the annual allocation which is

17  designated for the purchase of instructional materials for

18  first grade, to purchase materials not on the state-adopted

19  list.

20         (4)(3)  Notwithstanding the definition of instructional

21  materials in s. 233.07(4), the funds described in subsection

22  (3) (2) which school districts may use to purchase materials

23  not on the state adopted list may be used for the purchase of

24  instructional materials or other items having intellectual

25  content which assist in the instruction of a subject or

26  course. These items may be available in bound, unbound, kit,

27  or package form and may consist of hardbacked or softbacked

28  textbooks, replacements for items which were part of

29  previously purchased instructional materials, consumables,

30  learning laboratories, manipulatives, electronic media,

31  computer courseware or software, and other commonly accepted

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  1  instructional tools as prescribed by school board policy. The

  2  funds available to school districts for the purchase of

  3  materials not on the state adopted list may not be used to

  4  purchase electronic or computer hardware even if such hardware

  5  is bundled with software or other electronic media, nor may

  6  such funds be used to purchase equipment or supplies. However,

  7  when authorized to do so in the General Appropriations Act, a

  8  school or school district may use a portion of the funds

  9  available to it for the purchase of materials not on the state

10  adopted list to purchase science laboratory materials and

11  supplies.

12         (5)(4)  Each district school board shall adopt

13  policies, and each superintendent shall implement procedures,

14  that will assure the maximum use by the students of the

15  materials herein authorized.

16         (6)(5)  District school boards are authorized to issue

17  purchase orders subsequent to February 1 March 15 in an

18  aggregate amount that which does not exceed 20 percent of the

19  current year's allocation, and subsequent to April May 1 in an

20  aggregate amount that which does not exceed 90 percent of the

21  current year's allocation, for the purpose of expediting the

22  delivery of instructional materials which are to be paid for

23  from the ensuing year's allocation.

24         (7)(6)  In any year in which the total allocation for a

25  district has not been expended or obligated prior to June 30,

26  the district shall carry forward such unobligated amount and

27  shall add this amount to the next year's allocation.

28         Section 8.  Section 233.37, Florida Statutes, is

29  amended to read:

30         233.37  Disposal of instructional materials.--

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  1         (1)  Under policy rules of the commissioner, or rules

  2  of the district school board which have been approved by the

  3  commissioner, the district school board may dispose of the

  4  instructional materials of an old adoption when they have

  5  become unserviceable or surplus or are no longer on state

  6  contract by:

  7         (a)  Giving or lending the materials to other public

  8  education programs within the district or state, to the

  9  teachers to use in developing supplementary teaching

10  materials, to students or others, or to any charitable

11  organization, governmental agency, private school, or state.

12         (b)  Selling the materials to used book dealers,

13  recycling plants, pulp mills, or other persons, firms, or

14  corporations upon such terms as are most economically

15  advantageous to the district school board.

16         (2)  The district school board may prescribe by policy

17  the manner for destroying instructional materials that cannot

18  be disposed of as provided in subsection (1).

19         (3)  All moneys received by reason of sale, exchange,

20  or other disposition of instructional materials shall be

21  deposited in the district school fund and added to the

22  district appropriation for instructional materials., upon such

23  terms and conditions as will yield their fair salvage value.

24  The Department of Education shall enter into one or more

25  contracts with recycling firms for periodic pickup in school

26  districts of obsolete or unusable materials to be salvaged.

27         Section 9.  Section 233.38, Florida Statutes, is

28  repealed.

29         Section 10.  Section 233.43, Florida Statutes, is

30  amended to read:

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  1         233.43  Duties of superintendent relating to

  2  instructional materials.--

  3         (1)  The duties and responsibilities of each

  4  superintendent for the requisition, purchase, receipt,

  5  storage, distribution, use, conservation, records, and reports

  6  of, and management practices and property accountability

  7  concerning, instructional materials shall be prescribed by

  8  policies of the district school board.  Such policies shall

  9  also provide for an evaluation of any instructional materials

10  to be requisitioned that have not been used previously in the

11  schools of the district. The duties and responsibilities

12  include keeping adequate records and accounts for all

13  financial transactions for funds collected pursuant to s.

14  233.46(4). Each superintendent shall provide an annual report

15  on the funds collected from the sale, exchange, loss, or

16  damage of instructional materials under s. 233.46(4) to the

17  Department of Education. The Department of Education shall

18  annually review these reports and compile a report to the

19  Legislature, including recommendations for any needed changes.

20         (2)  Each superintendent shall notify the Department of

21  Education, by April 1 of each year of those instructional

22  materials adopted by the Commissioner of Education which will

23  be requisitioned for use in his or her district. The

24  notification must include the district plans for

25  implementation.

26         Section 11.  Subsections (1) and (2) of section 233.46,

27  Florida Statutes, are amended to read:

28         233.46  Duties of principals.--The duties and

29  responsibilities of principals for instructional materials

30  management and care include:

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  1         (1)  PROPER USE OF INSTRUCTIONAL MATERIALS.--The

  2  principal is responsible for assuring that instructional

  3  materials are used to provide instruction to students enrolled

  4  at the grade level or levels for which the materials are

  5  designed, pursuant to policies of the school board. The

  6  principal is responsible for effectively communicating to

  7  parents the manner in which instructional materials are used

  8  to implement the curricular objectives of the school.

  9         (2)  MONEY COLLECTED FOR LOST OR DAMAGED BOOKS;

10  ENFORCEMENT.--It shall be the duty and responsibility of each

11  principal to collect from each pupil or the pupil's parent the

12  purchase price of any instructional material the pupil has

13  lost, destroyed, or unnecessarily damaged and to report and

14  transmit such amounts so collected to the superintendent.  If

15  such material so lost, destroyed, or damaged has been in

16  school use for more than 1 year, a sum ranging between 50 and

17  75 percent of the purchase price of the book shall be

18  collected.  Such sum shall be determined by the physical

19  condition of the book. The failure to collect such sum upon

20  reasonable effort by the principal may result in the

21  suspension of the pupil from participation in extracurricular

22  activities or satisfaction of the debt by the pupil through

23  community service activities at the school site as determined

24  by the principal. The provisions of this subsection must be

25  included in the policies of the district school board.

26         Section 12.  The Department of Education shall review

27  the contracts used for the core subject areas and prepare a

28  report that includes recommendations for any needed changes.

29  The department shall provide a copy of the report to the

30  President of the Senate, the Speaker of the House of

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  1  Representatives, and the minority leader of each house by

  2  January 1, 2001.

  3         Section 13.  The Executive Office of the Governor and

  4  the Secretary of State shall renegotiate any contracts in

  5  existence on the effective date of this act which provide for

  6  instructional materials for the core subject area of science

  7  for kindergarten and for grades 1 through 12.

  8         Section 14.  Subsection (1) of section 230.23025,

  9  Florida Statutes, is amended to read:

10         230.23025  Best financial management practices;

11  standards; reviews; designation of districts.--

12         (1)  The Office of Program Policy Analysis and

13  Government Accountability (OPPAGA) and the Office of the

14  Auditor General are directed to develop a system for reviewing

15  the financial management practices of school districts. In

16  this system, OPPAGA and the Auditor General shall jointly

17  examine district operations to determine whether they meet

18  "best financial management practices." The best financial

19  management practices adopted by the Commissioner of Education

20  may be updated periodically after consultation with the

21  Legislature, the Governor, the SMART Schools Clearinghouse,

22  OPPAGA, and the Auditor General. The best financial management

23  practices, at a minimum, must instill public confidence by

24  addressing the following areas:

25         (a)  Efficient use of resources, use of lottery

26  proceeds, student transportation and food service operations,

27  management structures, and personnel systems and benefits, and

28  administrative and instructional technology;

29         (b)  Compliance with generally accepted accounting

30  principles and state and federal laws relating to financial

31  management;

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  1         (c)  Performance accountability systems, including

  2  performance measurement reports to the public, internal

  3  auditing, financial auditing, and information made available

  4  to support decisionmaking;

  5         (d)  Cost control systems, including asset, risk, and

  6  financial management, purchasing, and information system

  7  controls.

  8         Section 15.  Paragraphs (a) and (b) of subsection (1)

  9  of section 233.07, Florida Statutes, are amended to read:

10         233.07  State instructional materials committees.--

11         (1)  Each school year, not later than April 15, the

12  Commissioner of Education shall appoint state instructional

13  materials committees composed of persons actively engaged in

14  teaching or in the supervision of teaching in the public

15  elementary or secondary schools and representing the major

16  fields and levels in which instructional materials are used in

17  the public schools of the state and, in addition, lay citizens

18  not professionally connected with education.  There shall be

19  committees for the recommendation of instructional materials

20  for the elementary and secondary grades as may be found

21  necessary by the Commissioner of Education.  Committee members

22  shall receive training pursuant to s. 233.095 in competencies

23  related to the evaluation and selection of instructional

24  materials.

25         (a)  There shall be nine or more members on each

26  committee:  Four shall be classroom teachers who are certified

27  in an area directly related to the academic area or level

28  being considered for adoption, two shall be laypersons, one

29  shall be a school board member, and two shall be supervisors

30  of teachers. The committee must have the capacity or expertise

31  to address the broad racial, ethnic, socioeconomic, and

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  1  cultural diversity of the student population of the state.

  2  Personnel selected as teachers of the year at the school,

  3  district, regional, or state level pursuant to the provisions

  4  of the program conducted by the Department of Education shall

  5  be encouraged to serve on instructional materials committees.

  6         (b)  The membership of each committee must reflect the

  7  broad racial, ethnic, socioeconomic, and cultural diversity of

  8  the state, including balanced representation from the state's

  9  geographic regions.

10         Section 16.  Section 233.66, Florida Statutes, is

11  created to read:

12         233.66  Accuracy of instructional materials.--

13         (1)  In addition to relying on statements of publishers

14  or manufacturers of instructional materials, the Commissioner

15  of Education may conduct or cause to be conducted an

16  independent investigation to determine the accuracy of

17  state-adopted instructional materials.

18         (2)  When errors in state-adopted materials are

19  confirmed, the publisher of the materials shall provide to

20  each district that has purchased the materials the corrections

21  in a format approved by the Commissioner of Education.

22         (3)  The Commissioner of Education may remove materials

23  from the list of state-adopted materials if he or she finds

24  that the content is in error and the publisher refuses to

25  correct the error when notified by the department.

26         (4)  The Commissioner of Education may remove materials

27  from the list of state-adopted materials at the request of the

28  publisher if, in his or her opinion, there is no material

29  impact on the education goals of the state.

30         Section 17.  This act shall take effect upon becoming a

31  law.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 850

  3

  4  The committee substitute amends s. 233.07, F.S., to expand
    participation on state materials committees.  The membership
  5  composition must reflect a balanced representation for the
    state's geographic regions.  The bill amends s. 233.34,(6)
  6  F.S., to allow district school boards to issue purchase orders
    earlier to expedite the delivery of instructional
  7  materials.  The bill amends s. 233.43, F.S., to require
    superintendents to notify the Department of Education about
  8  which state-adopted instructional materials will be
    requisitioned for use in the district.  The notification must
  9  include the district's implementation plans.

10  Under s. 233.66, F.S., the Commissioner of Education may
    enforce the accuracy of instructional materials by conducting
11  an investigation and removing instructional materials from the
    state-adopted list if the content is in error and the
12  publisher refuses to correct the error when notified by the
    Department of Education.  The Commissioner may also remove
13  materials from the list if there is no material impact on the
    state's education goals.  Publishers are required to provide
14  corrections to state-adopted materials to all school districts
    that purchased the materials.
15
    The committee substitute amends s. 233.46, F.S., to require
16  principals to effectively inform parents about the manner in
    which instructional materials are used to implement the
17  school's curricular objectives.  Section 230.23025, F.S., is
    amended to add administrative and instructional technology to
18  the best financial management reviews.  The bill amends s.
    233.17, F.S., to change the term of adoption for instructional
19  materials from 8 to 6 years.

20  The committee substitute amends s. 233.09(1), F.S., to allow
    for additional notice of meetings of the state instructional
21  materials committees.  The bill omits the requirement in law
    that an agenda must be included with the notice and removes
22  the authority for instructional materials committees to
    investigate compliance of submitted materials.
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