HB 0819 2003
   
1 CHAMBER ACTION
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6          The Committee on Education K-20 recommends the following:
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8          Committee Substitute
9          Remove the entire bill and insert:
10 A bill to be entitled
11          An act relating to instructional materials for K-12 public
12    education; amending s. 1006.28, F.S.; revising a
13    notification date relating to requisition of instructional
14    materials; amending s. 1006.29, F.S.; revising the date by
15    which the Commissioner of Education must appoint state
16    instructional materials committees; amending s. 1006.33,
17    F.S.; revising dates relating to bids or proposals and
18    advertisements; amending s. 1006.34, F.S.; revising date
19    for adoption of instructional materials; amending s.
20    1006.36, F.S.; revising date for term of adoption;
21    amending s. 1006.37, F.S.; requiring publishers to provide
22    and price adopted instructional materials on an individual
23    basis for purchase by school districts; amending s.
24    1006.40, F.S.; revising provisions relating to the
25    issuance of purchase orders; establishing responsibility
26    of the school district for commitment in excess of ensuing
27    year's allocation; providing for application of certain
28    provisions; 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    1006.28, Florida Statutes, is amended to read:
34          1006.28 Duties of district school board, district school
35    superintendent; and school principal regarding K-12
36    instructional materials.--
37          (2) DISTRICT SCHOOL SUPERINTENDENT.--
38          (b) Each district school superintendent shall notify the
39    department by February 1April 1of each year the state-adopted
40    instructional materials that will be requisitioned for use in
41    his or her school district. The notification shall include a
42    district school board plan for instructional materials use to
43    assist in determining if adequate instructional materials have
44    been requisitioned.
45          Section 2. Subsection (1) of section 1006.29, Florida
46    Statutes, is amended to read:
47          1006.29 State instructional materials committees.--
48          (1) Each school year, not later than March 15April 15,
49    the commissioner shall appoint state instructional materials
50    committees composed of persons actively engaged in teaching or
51    in the supervision of teaching in the public elementary, middle,
52    or high schools and representing the major fields and levels in
53    which instructional materials are used in the public schools
54    and, in addition, lay citizens not professionally connected with
55    education. Committee members shall receive training pursuant to
56    subsection (5) in competencies related to the evaluation and
57    selection of instructional materials.
58          (a) There shall be 10 or more members on each committee:
59    At least 50 percent of the members shall be classroom teachers
60    who are certified in an area directly related to the academic
61    area or level being considered for adoption, 2 shall be
62    laypersons, 1 shall be a district school board member, and 2
63    shall be supervisors of teachers. The committee must have the
64    capacity or expertise to address the broad racial, ethnic,
65    socioeconomic, and cultural diversity of the state's student
66    population. Personnel selected as teachers of the year at the
67    school, district, regional, or state level are encouraged to
68    serve on instructional materials committees.
69          (b) The membership of each committee must reflect the
70    broad racial, ethnic, socioeconomic, and cultural diversity of
71    the state, including a balanced representation from the state's
72    geographic regions.
73          (c) The commissioner shall determine annually the areas in
74    which instructional materials shall be submitted for adoption,
75    taking into consideration the desires of the district school
76    boards. The commissioner shall also determine the number of
77    titles to be adopted in each area.
78          Section 3. Paragraph (a) of subsection (1) of section
79    1006.33, Florida Statutes, is amended to read:
80          1006.33 Bids or proposals; advertisement and its
81    contents.--
82          (1)(a) Beginning on or before April 15May 15of any year
83    in which an instructional materials adoption is to be initiated,
84    the department shall advertise in the Florida Administrative
85    Weekly 4 weeks preceding the date on which the bids shall be
86    received, that at a certain designated time, not later than May
87    15June 15, sealed bids or proposals to be deposited with the
88    department will be received from publishers or manufacturers for
89    the furnishing of instructional materials proposed to be adopted
90    as listed in the advertisement beginning February 1April 1
91    following the adoption.
92          Section 4. Paragraph (a) of subsection (2) of section
93    1006.34, Florida Statutes, is amended to read:
94          1006.34 Powers and duties of the commissioner and the
95    department in selecting and adopting instructional materials.--
96          (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.--
97          (a) The department shall notify all publishers and
98    manufacturers of instructional materials who have submitted bids
99    that within 3 weeks after the deadline for receiving bids, at a
100    designated time and place, it will open the bids submitted and
101    deposited with it. At the time and place designated, the bids
102    shall be opened, read, and tabulated in the presence of the
103    bidders or their representatives. No one may revise his or her
104    bid after the bids have been filed. When all bids have been
105    carefully considered, the commissioner shall, from the list of
106    suitable, usable, and desirable instructional materials reported
107    by the state instructional materials committee, select and adopt
108    instructional materials for each grade and subject field in the
109    curriculum of public elementary, middle, and high schools in
110    which adoptions are made and in the subject areas designated in
111    the advertisement. The adoption shall continue for the period
112    specified in the advertisement, beginning on the ensuing
113    February 1April 1. The adoption shall not prevent the extension
114    of a contract as provided in subsection (3). The commissioner
115    shall always reserve the right to reject any and all bids. The
116    commissioner may ask for new sealed bids from publishers or
117    manufacturers whose instructional materials were recommended by
118    the state instructional materials committee as suitable, usable,
119    and desirable; specify the dates for filing such bids and the
120    date on which they shall be opened; and proceed in all matters
121    regarding the opening of bids and the awarding of contracts as
122    required by this part. In all cases, bids shall be accompanied
123    by a cash deposit or certified check of from $500 to $2,500, as
124    the commissioner may direct. The department, in adopting
125    instructional materials, shall give due consideration both to
126    the prices bid for furnishing instructional materials and to the
127    report and recommendations of the state instructional materials
128    committee. When the commissioner has finished with the report of
129    the state instructional materials committee, the report shall be
130    filed and preserved with the department and shall be available
131    at all times for public inspection.
132          Section 5. Subsection (1) of section 1006.36, Florida
133    Statutes, is amended to read:
134          1006.36 Term of adoption for instructional materials.--
135          (1) The term of adoption of any instructional materials
136    must be a 6-year period beginning on February 1April 1
137    following the adoption, except that the commissioner may approve
138    terms of adoption of less than 6 years for materials in content
139    areas which require more frequent revision. Any contract for
140    instructional materials may be extended as prescribed in s.
141    1006.34(3).
142          Section 6. Subsection (3) is added to section 1006.37,
143    Florida Statutes, to read:
144          1006.37 Requisition of instructional materials from
145    publisher’s depository.--
146          (3) Publishers shall provide and price adopted
147    instructional materials on an individual basis so that school
148    districts may purchase core subject area textbooks or other core
149    subject area materials individually in lieu of purchase as part
150    of an adopted package or bundle.
151          Section 7. Subsection (6) of section 1006.40, Florida
152    Statutes, is amended to read:
153          1006.40 Use of instructional materials allocation;
154    instructional materials, library books, and reference books;
155    repair of books.--
156          (6) District school boards may issue purchase orders
157    subsequent to February 1 in an aggregate amount which does not
158    exceed 9020 percent of the current year’s allocation, and
159    subsequent to April 1 in an aggregate amount which does not
160    exceed 90 percent of the current year’s allocation,for the
161    purpose of expediting the delivery of instructional materials
162    which are to be paid for from the ensuing year’s allocation.
163    This authority shall not be construed to set any future year's
164    allocation. Any amount committed in purchase orders in excess of
165    the ensuing year's allocation is the responsibility of the
166    school district.
167          Section 8. Sections 1 through 5 of this act shall affect
168    only new adoptions beginning with the 2004-2005 adoption cycle.
169          Section 9. This act shall take effect July 1, 2003.