Florida Senate - 2013                      CS for CS for SB 1388
       
       
       
       By the Committees on Appropriations; and Education; and Senator
       Montford
       
       
       
       576-04990-13                                          20131388c2
    1                        A bill to be entitled                      
    2         An act relating to instructional materials for K-12
    3         public education; amending s. 1006.28, F.S.; revising
    4         the duties of a district school board and the district
    5         superintendent with regard to instructional materials;
    6         repealing s. 1006.282, F.S., relating to the pilot
    7         program for the transition to electronic and digital
    8         instructional materials; creating s. 1006.283, F.S.;
    9         authorizing a district school board or a consortium of
   10         school districts to implement an instructional
   11         materials program; requiring the district
   12         superintendent to certify to the Department of
   13         Education that instructional materials for core
   14         courses align with applicable state standards;
   15         requiring the district school board to adopt rules;
   16         authorizing the district school board to assess and
   17         collect fees from a publisher that participates in the
   18         instructional materials review process; requiring the
   19         fee amount to be posted on the school district’s
   20         website and reported to the Department of Education;
   21         providing a limit on fees; prohibiting fees from being
   22         collected from publishers to review certain
   23         instructional materials; providing for a stipend,
   24         reimbursement for travel expenses, and per diem for
   25         reviewers; requiring instructional materials that are
   26         approved by the district instructional materials
   27         reviewers to be aligned with applicable state
   28         standards; requiring each district school
   29         superintendent to annually certify that the
   30         instructional materials for core courses used by the
   31         district align with applicable state standards;
   32         providing pricing requirements for instructional
   33         materials; amending s. 1006.29, F.S.; providing a
   34         definition; requiring the department to appoint state
   35         instructional materials reviewers, rather than state
   36         or national experts, to review instructional
   37         materials; providing requirements, appointments, and
   38         terms for state instructional materials reviewers;
   39         authorizing the department to assess and collect fees;
   40         requiring the fee amount to be posted on the
   41         department’s website and reported to the State Board
   42         of Education; providing a purpose for the use of the
   43         fees, such as a stipend for service as a reviewer,
   44         payment for per diem, and reimbursement for travel
   45         expenses for service as a reviewer; requiring a
   46         publisher to offer sections of instructional materials
   47         in certain versions at reduced rates; requiring the
   48         department to post certain instructional materials on
   49         its website; amending s. 1006.30, F.S.; conforming
   50         provisions to changes made by the act; amending s.
   51         1006.31, F.S.; conforming provisions to changes made
   52         by the act; revising the procedure for evaluating
   53         instructional materials; providing standards to
   54         determine the propriety of instructional materials;
   55         amending s. 1006.32, F.S.; conforming provisions to
   56         changes made by the act; repealing s. 1006.33, F.S.,
   57         relating to bids, proposals, and advertisement
   58         regarding instructional materials; amending s.
   59         1006.34, F.S.; revising the powers and duties of the
   60         State Board of Education in evaluating instructional
   61         materials to include collecting fees and adopting
   62         rules; conforming provisions to changes made by the
   63         act; amending s. 1006.35, F.S.; authorizing the
   64         Commissioner of Education to remove materials from the
   65         list of approved materials if the materials do not
   66         align with applicable state standards; prohibiting a
   67         school district from purchasing removed materials
   68         under certain circumstances; amending s. 1006.36,
   69         F.S.; providing for the state review cycle for
   70         instructional materials; amending s. 1006.37, F.S.;
   71         authorizing a district school superintendent to
   72         requisition approved instructional materials;
   73         conforming provisions to changes made by the act;
   74         amending s. 1006.38, F.S.; providing for
   75         applicability; revising duties of publishers and
   76         manufacturers; amending s. 1006.40, F.S.; revising the
   77         allocation for instructional materials; amending s.
   78         1001.10, F.S.; revising the duties of the Commissioner
   79         of Education with regard to instructional materials,
   80         including submission of a report to the Governor, the
   81         Legislature, and the State Board of Education;
   82         amending s. 1003.55, F.S.; requiring a publisher or
   83         manufacturer of instructional materials that have been
   84         approved by the Department of Education or a school
   85         district to furnish the department with a computer
   86         file in an electronic format specified by the
   87         department; amending ss. 1003.621 and 1011.62, F.S.;
   88         conforming provisions to changes made by the act;
   89         providing an effective date.
   90  
   91  Be It Enacted by the Legislature of the State of Florida:
   92  
   93         Section 1. Paragraph (b) of subsection (1) and subsection
   94  (2) of section 1006.28, Florida Statutes, are amended to read:
   95         1006.28 Duties of district school board, district school
   96  superintendent; and school principal regarding K-12
   97  instructional materials.—
   98         (1) DISTRICT SCHOOL BOARD.—The district school board has
   99  the duty to provide adequate instructional materials for all
  100  students in accordance with the requirements of this part. The
  101  term “adequate instructional materials” means a sufficient
  102  number of student or site licenses or sets of materials that are
  103  available in bound, unbound, kit, or package form and may
  104  consist of hardbacked or softbacked textbooks, electronic
  105  content, consumables, learning laboratories, manipulatives,
  106  electronic media, and computer courseware or software that serve
  107  as the basis for instruction for each student in the core
  108  courses of mathematics, language arts, social studies, science,
  109  reading, and literature. The district school board has the
  110  following specific duties:
  111         (b) Instructional materials.—Provide for proper
  112  requisitioning, distribution, accounting, storage, care, and use
  113  of all instructional materials and furnish such other
  114  instructional materials as may be needed. The district school
  115  board shall ensure that instructional materials used in the
  116  district are consistent with the district goals and objectives
  117  and the course descriptions established in curriculum frameworks
  118  adopted by rule of the State Board of Education, as well as with
  119  the state and district performance standards provided for in s.
  120  1001.03(1).
  121         (2) DISTRICT SCHOOL SUPERINTENDENT.—
  122         (a) The district school superintendent has the duty to
  123  recommend such plans for improving, providing, distributing,
  124  accounting for, and caring for instructional materials and other
  125  instructional aids as will result in general improvement of the
  126  district school system, as prescribed in this part, in
  127  accordance with adopted district school board rules prescribing
  128  the duties and responsibilities of the district school
  129  superintendent regarding the requisition, purchase, receipt,
  130  storage, distribution, use, conservation, records, and reports
  131  of, and management practices and property accountability
  132  concerning, instructional materials, and providing for an
  133  evaluation of any instructional materials to be requisitioned
  134  that have not been used previously in the district’s schools.
  135  The district school superintendent must keep adequate records
  136  and accounts for all financial transactions for funds collected
  137  pursuant to subsection (3), as a component of the educational
  138  service delivery scope in a school district best financial
  139  management practices review under s. 1008.35.
  140         (b) Beginning in the 2013-2014 school year, each district
  141  school superintendent shall certify to the department by March
  142  31 of each year that all instructional materials for core
  143  courses used by the district are aligned with applicable state
  144  standards. A list of the state-approved or district-approved
  145  core instructional materials that will be used or purchased for
  146  use by the school district shall be included in the
  147  certification notify the department by April 1 of each year the
  148  state-adopted instructional materials that will be requisitioned
  149  for use in his or her school district. The notification shall
  150  include a district school board plan for instructional materials
  151  use to assist in determining if adequate instructional materials
  152  have been requisitioned.
  153         (c) Each principal shall verify that all instructional
  154  materials are fully and properly accounted for as prescribed by
  155  adopted rules of the district school board.
  156         Section 2. Section 1006.282, Florida Statutes, is repealed.
  157         Section 3. Section 1006.283, Florida Statutes, is created
  158  to read:
  159         1006.283 District school board instructional materials
  160  review process.—
  161         (1) A school board or consortium of school districts may
  162  implement an instructional materials program that includes the
  163  review, approval, and purchasing of instructional materials.
  164  Beginning in the 2013-2014 school year, the district school
  165  superintendent shall certify to the department by March 31 of
  166  each year that all instructional materials for core courses used
  167  by the district are aligned with applicable state standards.
  168  Included in the certification shall be a list of the core
  169  instructional materials that will be used or purchased for use
  170  by the school district.
  171         (2) The school board shall adopt rules implementing the
  172  district’s instructional materials program which must include,
  173  but need not be limited to:
  174         (a) Its review and purchase process.
  175         (b) Identification of a review cycle for instructional
  176  materials.
  177         (c) The duties and qualifications of the instructional
  178  materials reviewers.
  179         (d) The requirements for an affidavit made by a district
  180  instructional materials reviewer, which substantially includes
  181  the requirements of s. 1006.30.
  182         (e) Compliance with s. 1006.32, relating to prohibited
  183  acts.
  184         (f) A process that certifies the accuracy of instructional
  185  materials.
  186         (g) The incorporation of applicable requirements of s.
  187  1006.38, relating to the duties, responsibilities, and
  188  requirements of publishers of instructional materials.
  189         (h) The process by which instructional materials will be
  190  purchased, including advertising, bidding, and purchasing
  191  requirements.
  192         (3)(a) The school board may assess and collect fees from
  193  publishers participating in the instructional materials approval
  194  process. The amount assessed and collected must be posted on the
  195  school district’s website and reported to the department. The
  196  fees may not exceed the amount established in state board rule
  197  under s. 1006.34(2). Any fees collected for this process shall
  198  be allocated for the support of the review process and
  199  maintained in a separate line item for auditing purposes. Fees
  200  may not be collected from publishers to review instructional
  201  materials that are approved by the department and placed on the
  202  department’s website.
  203         (b) The fees shall be used to cover the actual cost of
  204  substitute teachers for each workday that a member of a school
  205  district’s instructional staff is absent from his or her
  206  assigned duties for the purpose of rendering service as an
  207  instructional materials reviewer. In addition, each reviewer may
  208  be paid a stipend and is entitled to reimbursement for travel
  209  expenses and per diem in accordance with s. 112.061 for actual
  210  service in meetings.
  211         (4) Instructional materials that have been reviewed by the
  212  district instructional materials reviewers and approved must
  213  have been determined to align with all applicable state
  214  standards pursuant to s. 1003.41 and the requirements in s.
  215  1006.31. The district school superintendent shall annually
  216  certify to the department that all instructional materials for
  217  core courses used by the district are aligned with all
  218  applicable state standards.
  219         (5) A publisher that offers instructional materials to a
  220  district school board must provide such materials at a price
  221  that, including all costs of electronic transmission, does not
  222  exceed the lowest price at which the publisher offers such
  223  instructional materials for approval or sale to any state or
  224  school district in the United States.
  225         (6)A publisher shall reduce automatically the price of the
  226  instructional materials to the district school board to the
  227  extent that reductions are made elsewhere in the United States.
  228         Section 4. Section 1006.29, Florida Statutes, is amended to
  229  read:
  230         1006.29 Department of Education State instructional
  231  materials reviewers.—
  232         (1) For purposes of this section, the term “instructional
  233  materials” means items that have intellectual content and that,
  234  by design, serve as a major tool or for assisting in the
  235  instruction of a subject or course.
  236         (2)(1)(a) The commissioner shall determine annually the
  237  areas in which instructional materials shall be submitted for
  238  approval adoption, taking into consideration the desires of the
  239  district school boards. The commissioner shall also determine
  240  the number of titles to be adopted in each area.
  241         (b) By April 15 of each school year, The department
  242  commissioner shall appoint five reviewers for each submission by
  243  a publisher or district school board three state or national
  244  experts in the content areas submitted for adoption to review
  245  for approval the instructional materials and evaluate the
  246  content for alignment with the applicable Next Generation
  247  Sunshine state standards. These reviewers shall be designated as
  248  state instructional materials reviewers and shall review The
  249  materials shall be evaluated for the level of instructional
  250  support and the accuracy and appropriateness of progression of
  251  introduced content. Instructional materials shall be made
  252  electronically available to the reviewers. The state review of
  253  the instructional materials shall be made by the five reviewers.
  254  Two of the reviewers must be professional content experts, two
  255  must be K-12 educators who are actively engaged in teaching or
  256  in the supervision of teaching in the public elementary, middle,
  257  or high schools and represent the major fields and levels in
  258  which instructional materials are used in the public schools,
  259  and one must be a lay person who is not professionally connected
  260  with education. In the event only four reviewers can be
  261  procured, or if one of the five reviewers is unable to fulfill
  262  his or her responsibilities, the additional reviewer may be a
  263  content expert from the department. As part of the review
  264  process, each reviewer shall be provided training on the
  265  electronic review system. The reviewers shall independently make
  266  recommendations to the commissioner regarding materials that
  267  should be placed on the list of approved materials through an
  268  electronic feedback review system.
  269         (c)The department may assess and collect fees in
  270  accordance with s. 1006.34(2). The amount assessed and collected
  271  shall be posted on the department’s website and must be reported
  272  to the State Board of Education. Any fees collected for this
  273  process shall be allocated for the support of the review
  274  process, maintained in a separate account for auditing purposes,
  275  and deposited in the department’s Operating Trust Fund.
  276         (d) Fees collected under paragraph (c) shall be used to
  277  cover the cost of the review process, including the cost of any
  278  meetings and applicable travel and per diem, and the amount paid
  279  by a school district to substitute teachers who fill in for
  280  instructional staff that is absent for the purpose of rendering
  281  service as an instructional materials reviewer. In addition,
  282  each reviewer may be paid a stipend and is entitled to
  283  reimbursement for travel expenses and per diem in accordance
  284  with s. 112.061 for actual service in meetings The initial
  285  review of the materials shall be made by only two of the three
  286  reviewers. If the two reviewers reach different results, the
  287  third reviewer shall break the tie. The reviewers shall
  288  independently make recommendations to the commissioner regarding
  289  materials that should be placed on the list of adopted materials
  290  through an electronic feedback review system.
  291         (e)(c) The commissioner shall request each district school
  292  superintendent to nominate one classroom teacher or district
  293  level content supervisor to review two or three of the
  294  submissions recommended by the department state instructional
  295  materials reviewers. School districts shall ensure that these
  296  district reviewers are provided with the support and time
  297  necessary to accomplish a thorough review of the instructional
  298  materials. District reviewers shall independently rate the
  299  recommended submissions on the instructional usability of the
  300  resources. District reviewers may be paid a stipend and are
  301  entitled to reimbursement for travel expenses and per diem in
  302  accordance with s. 112.061 for actual service in meetings, if
  303  applicable.
  304         (3)(2) For purposes of approving materials state adoption,
  305  the term “instructional materials” means items having
  306  intellectual content that by design serve as a major tool or for
  307  assisting in the instruction of a subject or course. These items
  308  may be available in bound, unbound, kit, or package form and may
  309  consist of hardbacked or softbacked textbooks, electronic
  310  content, consumables, learning laboratories, manipulatives,
  311  electronic media, and computer courseware or software. A
  312  publisher or manufacturer providing instructional materials as a
  313  single bundle shall also make the instructional materials
  314  available as separate and unbundled items, each priced
  315  individually. A publisher shall may also offer sections of
  316  state-adopted instructional materials in digital or electronic
  317  versions at reduced rates to districts, schools, and teachers.
  318         (4)(3) Beginning in the 2015-2016 academic year, all
  319  approved adopted instructional materials for students in
  320  kindergarten through grade 12 must be provided in an electronic
  321  or digital format. For purposes of this section, the term:
  322         (a) “Electronic format” means text-based or image-based
  323  content in a form that is produced on, published by, and
  324  readable on computers or other digital devices and is an
  325  electronic version of a printed book, whether or not any printed
  326  equivalent exists.
  327         (b) “Digital format” means text-based or image-based
  328  content in a form that provides the student with various
  329  interactive functions; that can be searched, tagged,
  330  distributed, and used for individualized and group learning;
  331  that includes multimedia content such as video clips,
  332  animations, and virtual reality; and that has the ability to be
  333  accessed at any time and anywhere.
  334  
  335  The terms do not include electronic or computer hardware even if
  336  such hardware is bundled with software or other electronic
  337  media, nor does it include equipment or supplies.
  338         (5)(4) The department shall develop a training program for
  339  persons selected to review submitted as state instructional
  340  materials reviewers and school district reviewers. The program
  341  shall be structured to assist reviewers in developing the skills
  342  necessary to make valid, culturally sensitive, and objective
  343  decisions regarding the content and rigor of instructional
  344  materials. All persons reviewing serving as instructional
  345  materials reviewers must complete the training program prior to
  346  beginning the review and selection process.
  347         (6) By March 1 of each year, the department shall post on
  348  its website a list of department-approved instructional
  349  materials and instructional materials approved by other states
  350  which align with applicable state standards. The list shall be
  351  maintained and updated periodically. The list shall be
  352  comprehensive and include sufficient instructional materials or
  353  major tools to cover all of the core content areas. The posting
  354  must include the purchase price of each product once it is
  355  purchased anywhere in the United States. In addition to the
  356  posting, the department shall send school district
  357  administrators periodic updates to the website. District
  358  approved instructional materials shall also be posted on the
  359  website.
  360         Section 5. Section 1006.30, Florida Statutes, is amended to
  361  read:
  362         1006.30 Affidavit of the Department of Education state
  363  instructional materials reviewers.—Before transacting any
  364  business, each department state instructional materials reviewer
  365  shall make an affidavit, to be filed with the department, that:
  366         (1) The reviewer will faithfully discharge the duties
  367  imposed upon him or her.
  368         (2) The reviewer has no interest in any publishing or
  369  manufacturing organization that produces or sells instructional
  370  materials.
  371         (3) The reviewer is in no way connected with the
  372  distribution of the instructional materials.
  373         (4) The reviewer does not have any direct or indirect
  374  pecuniary interest in the business or profits of any person
  375  engaged in manufacturing, publishing, or selling instructional
  376  materials designed for use in the public schools.
  377         (5) The reviewer will not accept any emolument or promise
  378  of future reward of any kind from any publisher or manufacturer
  379  of instructional materials or his or her agent or anyone
  380  interested in, or intending to bias his or her judgment in any
  381  way in, the selection of any materials to be approved adopted.
  382         (6) The reviewer understands that it is unlawful to discuss
  383  matters relating to instructional materials submitted for
  384  approval adoption with any agent of a publisher or manufacturer
  385  of instructional materials, either directly or indirectly,
  386  except during the period when the publisher or manufacturer is
  387  providing a presentation for the reviewer during his or her
  388  review of the instructional materials submitted for approval
  389  adoption.
  390         Section 6. Section 1006.31, Florida Statutes, is amended to
  391  read:
  392         1006.31 Duties of the Department of Education and school
  393  district each state instructional materials reviewer.—The duties
  394  of the each state instructional materials reviewer are:
  395         (1) PROCEDURES.—To adhere to procedures prescribed by the
  396  department or the district for evaluating instructional
  397  materials submitted by publishers and manufacturers in each
  398  review for approval adoption.
  399         (2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To evaluate
  400  carefully all instructional materials submitted, in order to
  401  ascertain which instructional materials, if any, submitted for
  402  consideration implement the selection criteria developed by the
  403  department or the district and those curricular objectives
  404  included within applicable performance standards provided for in
  405  s. 1001.03(1).
  406         (a) When evaluating recommending instructional materials
  407  for use in the schools, each reviewer shall include only
  408  instructional materials that accurately portray the ethnic,
  409  socioeconomic, cultural, and racial diversity of our society,
  410  including men and women in professional, career, and executive
  411  roles, and the role and contributions of the entrepreneur and
  412  labor in the total development of this state and the United
  413  States.
  414         (b) When evaluating recommending instructional materials
  415  for use in the schools, each reviewer shall include only
  416  materials that accurately portray, whenever appropriate,
  417  humankind’s place in ecological systems, including the necessity
  418  for the protection of our environment and conservation of our
  419  natural resources and the effects on the human system of the use
  420  of tobacco, alcohol, controlled substances, and other dangerous
  421  substances.
  422         (c) When evaluating recommending instructional materials
  423  for use in the schools, each reviewer shall require such
  424  materials as he or she deems necessary and proper to encourage
  425  thrift, fire prevention, and humane treatment of people and
  426  animals.
  427         (d) When evaluating recommending instructional materials
  428  for use in the schools, each reviewer shall require, when
  429  appropriate to the comprehension of students, that materials for
  430  social science, history, or civics classes contain the
  431  Declaration of Independence and the Constitution of the United
  432  States. A reviewer may not recommend any instructional materials
  433  for use in the schools which contain any matter reflecting
  434  unfairly upon persons because of their race, color, creed,
  435  national origin, ancestry, gender, or occupation.
  436         (e) When evaluating instructional materials, library media,
  437  and other reading material for use in the schools, a reviewer
  438  shall use the following standards to determine the propriety of
  439  the material:
  440         1. The age of students who normally could be expected to
  441  have access to the material.
  442         2. The educational purpose to be served by the material. In
  443  considering instructional materials for classroom use, priority
  444  shall be given to the selection of materials that encompass the
  445  state and district school board performance standards provided
  446  for in s. 1001.03(1) and include the instructional objectives
  447  contained within the course descriptions established in rule by
  448  the State Board of Education.
  449         3. The degree to which the material would be supplemented
  450  and explained by mature classroom instruction as part of a
  451  normal classroom instructional program.
  452         4. The degree to which the material represents the broad
  453  racial, ethnic, socioeconomic, and cultural diversity of
  454  students in the state.
  455  
  456  Any instructional material containing pornography or otherwise
  457  prohibited by s. 847.012 may not be used or made available
  458  within any public school.
  459         (f)(e)Any Instructional material recommended by a each
  460  reviewer for use in the schools shall be, to the satisfaction of
  461  the each reviewer, accurate, objective, and current and suited
  462  to the needs and comprehension of students at their respective
  463  grade levels. Reviewers shall consider for adoption materials
  464  developed for academically talented students such as those
  465  enrolled in advanced placement courses.
  466         (3) REPORT OF REVIEWERS.—After a thorough study of all data
  467  submitted on each instructional material, to submit an
  468  electronic report to the department. The report shall be made
  469  public and must include responses to each section of the report
  470  format prescribed by the department.
  471         Section 7. Section 1006.32, Florida Statutes, is amended to
  472  read:
  473         1006.32 Prohibited acts.—
  474         (1) A publisher or manufacturer of instructional material,
  475  or any representative thereof, may not offer to give any
  476  emolument, money, or other valuable thing, or any inducement, to
  477  any district school board official or department or district
  478  state instructional materials reviewer to directly or indirectly
  479  introduce, recommend, vote for, or otherwise influence the
  480  approval adoption or purchase of any instructional materials.
  481         (2) A district school board official or a department or
  482  district state instructional materials reviewer may not solicit
  483  or accept any emolument, money, or other valuable thing, or any
  484  inducement, to directly or indirectly introduce, recommend, vote
  485  for, or otherwise influence the approval adoption or purchase of
  486  any instructional material.
  487         (3) A district school board or publisher may not
  488  participate in a pilot program of materials being considered for
  489  adoption during the 18-month period before the official adoption
  490  of the materials by the commissioner. Any pilot program during
  491  the first 2 years of the adoption period must have the prior
  492  approval of the commissioner.
  493         (3)(4)A Any publisher or manufacturer of instructional
  494  materials or representative thereof or a any district school
  495  board official or department or district state instructional
  496  materials reviewer who violates any provision of this section
  497  commits a misdemeanor of the second degree, punishable as
  498  provided in s. 775.082 or s. 775.083. A Any representative of a
  499  publisher or manufacturer who violates any provision of this
  500  section, in addition to any other penalty, shall be banned from
  501  practicing business in the state for a period of 1 calendar
  502  year.
  503         (4)(5) This section does not prohibit any publisher,
  504  manufacturer, or agent from supplying, for purposes of
  505  examination, necessary sample copies of instructional materials
  506  to any district school board official or department or district
  507  state instructional materials reviewer.
  508         (5)(6) This section does not prohibit a district school
  509  board official or department or district state instructional
  510  materials reviewer from receiving sample copies of instructional
  511  materials.
  512         (6)(7) This section does not prohibit or restrict a
  513  district school board official from receiving royalties or other
  514  compensation, other than compensation paid to him or her as
  515  commission for negotiating sales to district school boards, from
  516  the publisher or manufacturer of instructional materials
  517  written, designed, or prepared by such district school board
  518  official, and adopted by the commissioner or purchased by any
  519  district school board. A No district school board official may
  520  not shall be allowed to receive royalties on any materials not
  521  on the state-adopted list purchased for use by his or her
  522  district school board.
  523         (7)(8) A district school superintendent, district school
  524  board member, teacher, or other person officially connected with
  525  the government or direction of public schools may not receive
  526  during the months actually engaged in performing duties under
  527  his or her contract any private fee, gratuity, donation, or
  528  compensation, in any manner whatsoever, for promoting the sale
  529  or exchange of any instructional material, map, or chart in any
  530  public school, or be an agent for the sale or the publisher of
  531  any instructional material or reference work, or have a direct
  532  or indirect pecuniary interest in the introduction of any such
  533  instructional material, and any such agency or interest shall
  534  disqualify any person so acting or interested from holding any
  535  district school board employment whatsoever, and the person
  536  commits a misdemeanor of the second degree, punishable as
  537  provided in s. 775.082 or s. 775.083; however, this subsection
  538  does not prevent the approval adoption of any instructional
  539  material written in whole or in part by a Florida author.
  540         Section 8. Section 1006.33, Florida Statutes, is repealed.
  541         Section 9. Section 1006.34, Florida Statutes, is amended to
  542  read:
  543         1006.34 Powers and duties of the State Board of Education
  544  commissioner and the department in evaluating selecting and
  545  adopting instructional materials.—
  546         (1) PROCEDURES FOR EVALUATING INSTRUCTIONAL MATERIALS.—The
  547  State Board of Education shall adopt rules prescribing the
  548  procedures by which the department shall evaluate instructional
  549  materials submitted by publishers and manufacturers in each
  550  review for approval adoption. Included in these procedures shall
  551  be provisions affording each publisher or manufacturer or his or
  552  her representative an opportunity to provide a live virtual or
  553  in-person presentation to the department state instructional
  554  materials reviewers on the merits of each instructional material
  555  submitted in each review for approval adoption.
  556         (2) FEES.—The State Board of Education shall adopt by rule
  557  a fee schedule specifying the amount of fees that the department
  558  may charge publishers who submit instructional materials for
  559  review. Fees may not exceed the actual costs for the review,
  560  taking into consideration the cost of reviewers, the content
  561  area and complexity of the instructional materials to be
  562  reviewed, and other relevant factors. The fee schedule must
  563  specify the amount that may be collected by the department for
  564  each submission.
  565         (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.—
  566         (a) The department shall notify all publishers and
  567  manufacturers of instructional materials who have submitted bids
  568  that within 3 weeks after the deadline for receiving bids, at a
  569  designated time and place, it will open the bids submitted and
  570  deposited with it. At the time and place designated, the bids
  571  shall be opened, read, and tabulated in the presence of the
  572  bidders or their representatives. No one may revise his or her
  573  bid after the bids have been filed. When all bids have been
  574  carefully considered, the commissioner shall, from the list of
  575  suitable, usable, and desirable instructional materials reported
  576  by the state instructional materials reviewers, select and adopt
  577  instructional materials for each grade and subject field in the
  578  curriculum of public elementary, middle, and high schools in
  579  which adoptions are made and in the subject areas designated in
  580  the advertisement. The adoption shall continue for the period
  581  specified in the advertisement, beginning on the ensuing April
  582  1. The adoption shall not prevent the extension of a contract as
  583  provided in subsection (3). The commissioner shall always
  584  reserve the right to reject any and all bids. The commissioner
  585  may ask for new sealed bids from publishers or manufacturers
  586  whose instructional materials were recommended by the state
  587  instructional materials reviewers as suitable, usable, and
  588  desirable; specify the dates for filing such bids and the date
  589  on which they shall be opened; and proceed in all matters
  590  regarding the opening of bids and the awarding of contracts as
  591  required by this part. In all cases, bids shall be accompanied
  592  by a cash deposit or certified check of from $500 to $2,500, as
  593  the department may direct. The department, in adopting
  594  instructional materials, shall give due consideration both to
  595  the prices bid for furnishing instructional materials and to the
  596  report and recommendations of the state instructional materials
  597  reviewers. When the commissioner has finished with the report of
  598  the state instructional materials reviewers, the report shall be
  599  filed and preserved with the department and shall be available
  600  at all times for public inspection.
  601         (b) In the selection of instructional materials, library
  602  media, and other reading material used in the public school
  603  system, the standards used to determine the propriety of the
  604  material shall include:
  605         1. The age of the students who normally could be expected
  606  to have access to the material.
  607         2. The educational purpose to be served by the material. In
  608  considering instructional materials for classroom use, priority
  609  shall be given to the selection of materials which encompass the
  610  state and district school board performance standards provided
  611  for in s. 1001.03(1) and which include the instructional
  612  objectives contained within the curriculum frameworks approved
  613  by rule of the State Board of Education.
  614         3. The degree to which the material would be supplemented
  615  and explained by mature classroom instruction as part of a
  616  normal classroom instructional program.
  617         4. The consideration of the broad racial, ethnic,
  618  socioeconomic, and cultural diversity of the students of this
  619  state.
  620  
  621  Any instructional material containing pornography or otherwise
  622  prohibited by s. 847.012 may not be used or made available
  623  within any public school.
  624         (3) CONTRACT WITH PUBLISHERS OR MANUFACTURERS; BOND.—As
  625  soon as practicable after the commissioner has adopted any
  626  instructional materials and all bidders that have secured the
  627  adoption of any instructional materials have been notified
  628  thereof by registered letter, the department shall prepare a
  629  contract in proper form with every bidder awarded the adoption
  630  of any instructional materials. Each contract shall be executed
  631  by the commissioner, one copy to be kept by the contractor and
  632  one copy to be filed with the department. After giving due
  633  consideration to comments by the district school boards, the
  634  commissioner, with the agreement of the publisher, may extend or
  635  shorten a contract period for a period not to exceed 2 years;
  636  and the terms of any such contract shall remain the same as in
  637  the original contract. Any publisher or manufacturer to whom any
  638  contract is let under this part must give bond in such amount as
  639  the department requires, payable to the state, conditioned for
  640  the faithful, honest, and exact performance of the contract. The
  641  bond must provide for the payment of reasonable attorney’s fees
  642  in case of recovery in any suit thereon. The surety on the bond
  643  must be a guaranty or surety company lawfully authorized to do
  644  business in the state; however, the bond shall not be exhausted
  645  by a single recovery but may be sued upon from time to time
  646  until the full amount thereof is recovered, and the department
  647  may at any time, after giving 30 days’ notice, require
  648  additional security or additional bond. The form of any bond or
  649  bonds or contract or contracts under this part shall be prepared
  650  and approved by the department. At the discretion of the
  651  department, a publisher or manufacturer to whom any contract is
  652  let under this part may be allowed a cash deposit in lieu of a
  653  bond, conditioned for the faithful, honest, and exact
  654  performance of the contract. The cash deposit, payable to the
  655  department, shall be placed in the Textbook Bid Trust Fund. The
  656  department may recover damages on the cash deposit given by the
  657  contractor for failure to furnish instructional materials, the
  658  sum recovered to inure to the General Revenue Fund.
  659         (4) REGULATIONS GOVERNING THE CONTRACT.—The department may,
  660  from time to time, take any necessary actions, consistent with
  661  this part, to secure the prompt and faithful performance of all
  662  instructional materials contracts; and if any contractor fails
  663  or refuses to furnish instructional materials as provided in
  664  this part or otherwise breaks his or her contract, the
  665  department may sue on the required bond in the name of the
  666  state, in the courts of the state having jurisdiction, and
  667  recover damages on the bond given by the contractor for failure
  668  to furnish instructional materials, the sum recovered to inure
  669  to the General Revenue Fund.
  670         (5) RETURN OF DEPOSITS.—
  671         (a) The successful bidder shall be notified by registered
  672  mail of the award of contract and shall, within 30 days after
  673  receipt of the contract, execute the proper contract and post
  674  the required bond. When the bond and contract have been
  675  executed, the department shall notify the Chief Financial
  676  Officer and request that a warrant be issued against the
  677  Textbook Bid Trust Fund payable to the successful bidder in the
  678  amount deposited pursuant to this part. The Chief Financial
  679  Officer shall issue and forward the warrant to the department
  680  for distribution to the bidder.
  681         (b) At the same time or prior thereto, the department shall
  682  inform the Chief Financial Officer of the names of the
  683  unsuccessful bidders. Upon receipt of such notice, the Chief
  684  Financial Officer shall issue warrants against the Textbook Bid
  685  Trust Fund payable to the unsuccessful bidders in the amounts
  686  deposited pursuant to this part and shall forward the warrants
  687  to the department for distribution to the unsuccessful bidders.
  688         (c) One copy of each contract and an original of each bid,
  689  whether accepted or rejected, shall be preserved with the
  690  department for at least 3 years after the termination of the
  691  contract.
  692         (6) DEPOSITS FORFEITED.—If any successful bidder fails or
  693  refuses to execute contract and bond within 30 days after
  694  receipt of the contract, the cash deposit shall be forfeited to
  695  the state and placed by the Chief Financial Officer in the
  696  General Revenue Fund.
  697         (7) FORFEITURE OF CONTRACT AND BOND.—If any publisher or
  698  manufacturer of instructional materials fails or refuses to
  699  furnish instructional materials as provided in the contract, the
  700  publisher’s or manufacturer’s bond is forfeited and the
  701  commissioner must make another contract.
  702         Section 10. Section 1006.35, Florida Statutes, is amended
  703  to read:
  704         1006.35 Accuracy of instructional materials.—
  705         (1) In addition to relying on statements of publishers or
  706  manufacturers of instructional materials, the commissioner may
  707  conduct or cause to be conducted an independent investigation to
  708  determine the accuracy of approved state-adopted instructional
  709  materials.
  710         (2) When errors in approved state-adopted materials are
  711  confirmed, the publisher or manufacturer of the materials shall
  712  provide to each district school board that has purchased the
  713  materials the corrections in a format approved by the
  714  department.
  715         (3) The commissioner may remove materials from the list of
  716  approved state-adopted materials:
  717         (a) If he or she finds that the content is in error and the
  718  publisher or manufacturer refuses to correct the error when
  719  notified by the department.
  720         (b)(4)The commissioner may remove materials from the list
  721  of state-adopted materials At the request of the publisher or
  722  manufacturer if, in the commissioner’s his or her opinion, there
  723  is no material impact on the state’s education goals.
  724         (c) If the materials do not align with all applicable state
  725  standards.
  726         (4)If the commissioner removes materials from the list of
  727  approved materials, the district may not purchase them for use
  728  in core content areas.
  729         Section 11. Section 1006.36, Florida Statutes, is amended
  730  to read:
  731         1006.36 State review cycle Term of adoption for
  732  instructional materials.—
  733         (1) The state review cycle term of adoption of any
  734  instructional materials shall must be a 5-year period beginning
  735  on April 1 following the adoption, except that the commissioner
  736  may approve alternative schedules terms of adoption of less than
  737  5 years for materials in content areas which require more
  738  frequent revision. Any contract for instructional materials may
  739  be extended as prescribed in s. 1006.34(3).
  740         (2) The department shall publish annually an official
  741  schedule of subject areas to be called for review adoption for
  742  each of the succeeding 2 years, and a tentative schedule for
  743  years 3, 4, and 5. If extenuating circumstances warrant, the
  744  commissioner may add one or more subject areas to the official
  745  schedule, in which event the commissioner shall develop criteria
  746  for such additional subject area or areas and make them
  747  available to publishers or manufacturers as soon as practicable
  748  before the date on which submission for review is bids are due.
  749  The schedule shall be developed so as to promote balance among
  750  the subject areas so that the required expenditure for new
  751  instructional materials is approximately the same each year in
  752  order to maintain curricular consistency.
  753         Section 12. Section 1006.37, Florida Statutes, is amended
  754  to read:
  755         1006.37 Requisition of instructional materials from
  756  publisher’s depository.—
  757         (1) The district school superintendent may shall
  758  requisition approved adopted instructional materials from the
  759  depository of the publisher with whom a contract has been made.
  760  However, the superintendent shall requisition current
  761  instructional materials to provide each student with a textbook
  762  or other materials as a major tool of instruction in core
  763  courses of the subject areas specified in s. 1006.40(2). These
  764  materials must be requisitioned within the first 2 years of the
  765  adoption cycle, except for instructional materials related to
  766  growth of student membership or instructional materials
  767  maintenance needs. The superintendent may requisition
  768  instructional materials in the core subject areas specified in
  769  s. 1006.40(2) that are related to growth of student membership
  770  or instructional materials maintenance needs during the 3rd,
  771  4th, 5th, and 6th years of the original contract period.
  772         (2) The district school superintendent shall verify that
  773  the requisition is complete and accurate and order the
  774  depository to forward to him or her the adopted instructional
  775  materials shown by the requisition. The depository shall prepare
  776  an invoice of the materials shipped, including shipping charges,
  777  and mail it to the superintendent to whom the shipment is being
  778  made. The superintendent shall pay the depository within 60 days
  779  after receipt of the requisitioned materials from the
  780  appropriation for the purchase of adopted instructional
  781  materials.
  782         Section 13. Section 1006.38, Florida Statutes, is amended
  783  to read:
  784         1006.38 Duties, responsibilities, and requirements of
  785  instructional materials publishers and manufacturers.—This
  786  section applies to both the state and district approval
  787  processes. Publishers and manufacturers of instructional
  788  materials, or their representatives, shall:
  789         (1) Comply with all provisions of this part.
  790         (2) Electronically deliver fully developed sample copies of
  791  all instructional materials upon which reviews bids are based to
  792  the department pursuant to procedures adopted by the State Board
  793  of Education.
  794         (3) Submit, at a time designated in s. 1006.33, the
  795  following information:
  796         (a) Detailed specifications of the physical characteristics
  797  of the instructional materials, including any software or
  798  technological tools required for use by the district, school,
  799  teachers, or students. The publisher or manufacturer shall
  800  comply with these specifications if the instructional materials
  801  are approved adopted and purchased in completed form.
  802         (b) Evidence that the publisher or manufacturer has
  803  provided materials that address the performance standards
  804  provided for in s. 1001.03(1) and that can be accessed through
  805  the district’s local instructional improvement system and a
  806  variety of electronic, digital, and mobile devices.
  807         (c) Evidence that the instructional materials include
  808  specific references to statewide standards in the teacher’s
  809  manual and incorporate such standards into chapter tests or the
  810  assessments. Beginning in the 2013-2014 adoption year, the
  811  statewide standards may not be included at the point of student
  812  use.
  813         (4) Make available for purchase by any district school
  814  board any diagnostic, criterion-referenced, or other tests that
  815  they may develop.
  816         (5) Furnish the instructional materials offered by them at
  817  a price in the state which, including all costs of electronic
  818  transmission, may not exceed the lowest price at which they
  819  offer such instructional materials for approval adoption or sale
  820  to any state or school district in the United States.
  821         (6) Reduce automatically the price of the instructional
  822  materials to any district school board to the extent that
  823  reductions are made elsewhere in the United States.
  824         (7) Provide any instructional materials free of charge in
  825  the state to the same extent as they are provided free of charge
  826  to any state or school district in the United States.
  827         (8) Guarantee that all copies of any instructional
  828  materials sold in this state will be at least equal in quality
  829  to the copies of such instructional materials that are sold
  830  elsewhere in the United States and will be kept revised, free
  831  from all errors, and up-to-date as may be required by the
  832  department.
  833         (9) Agree that any supplementary material developed at the
  834  district or state level does not violate the author’s or
  835  publisher’s copyright, provided such material is developed in
  836  accordance with the doctrine of fair use.
  837         (10) Not in any way, directly or indirectly, become
  838  associated or connected with any combination in restraint of
  839  trade in instructional materials, nor enter into any
  840  understanding, agreement, or combination to control prices or
  841  restrict competition in the sale of instructional materials for
  842  use in the state.
  843         (11) Furnish the instructional materials offered by them at
  844  a price in the state which, including all costs of electronic
  845  transmission, may not exceed the lowest price at which they
  846  offer such instructional materials for approval or sale to any
  847  other school district in the state.
  848         (12) Provide the department and school districts the cost
  849  paid for an instructional materials product by a school or
  850  district anywhere in the United States. The cost paid for that
  851  product must remain the same for all future sales and must be
  852  posted on all marketing materials.
  853         (11) Maintain or contract with a depository in the state.
  854         (12) For the core subject areas specified in s. 1006.40(2),
  855  maintain in the depository for the first 2 years of the contract
  856  an inventory of instructional materials sufficient to receive
  857  and fill orders.
  858         (13) For the core subject areas specified in s. 1006.40(2),
  859  ensure the availability of an inventory sufficient to receive
  860  and fill orders for instructional materials for growth,
  861  including the opening of a new school, and replacement during
  862  the 3rd and subsequent years of the original contract period.
  863         (14) Accurately and fully disclose only the names of those
  864  persons who actually authored the instructional materials. In
  865  addition to the penalties provided in subsection (16), the
  866  commissioner may remove from the list of state-approved state
  867  adopted instructional materials those instructional materials
  868  whose publisher or manufacturer misleads the purchaser by
  869  falsely representing genuine authorship.
  870         (15) Grant, without prior written request, for any
  871  copyright held by the publisher or its agencies automatic
  872  permission to the department or its agencies for the
  873  reproduction of instructional materials and supplementary
  874  materials in Braille, large print, or other appropriate format
  875  for use by visually impaired students or other students with
  876  disabilities that would benefit from use of the materials.
  877         (16) Upon the willful failure of the publisher or
  878  manufacturer to comply with the requirements of this section, be
  879  liable to the department in the amount of three times the total
  880  sum which the publisher or manufacturer was paid in excess of
  881  the price required under subsections (5) and (6) and in the
  882  amount of three times the total value of the instructional
  883  materials and services which the district school board is
  884  entitled to receive free of charge under subsection (7).
  885         Section 14. Subsections (2), (3), and (4) of section
  886  1006.40, Florida Statutes, are amended to read:
  887         1006.40 Use of instructional materials allocation;
  888  instructional materials, library books, and reference books;
  889  repair of books.—
  890         (2) Each district school board must provide purchase
  891  current instructional materials to provide each student with a
  892  major tool or assistance of instruction in core courses of the
  893  subject areas of mathematics, language arts, science, social
  894  studies, reading, and literature for kindergarten through grade
  895  12. Such purchase must be made within the first 2 years after
  896  the effective date of the adoption cycle. For the 2012-2013
  897  mathematics adoption, a district using a comprehensive
  898  mathematics instructional materials program adopted in the 2009
  899  2010 adoption shall be deemed in compliance with this subsection
  900  if it provides each student with such additional state-adopted
  901  materials as may be necessary to align the previously adopted
  902  comprehensive program to common core standards and the other
  903  criteria of the 2012-2013 mathematics adoption.
  904         (3)(a) By the 2015-2016 fiscal year, each district school
  905  board shall use at least 50 percent of the annual allocation for
  906  the purchase of digital or electronic instructional materials
  907  that align with state standards included on the state-adopted
  908  list, except as otherwise authorized in paragraphs (b) and (c).
  909         (b) Up to 50 percent of the annual allocation may be used
  910  for the purchase of instructional materials, including library
  911  and reference books and nonprint materials, not included on the
  912  state-adopted list and for the repair and renovation of
  913  textbooks and library books.
  914         (c) District school boards may use 100 percent of that
  915  portion of the annual allocation designated for the purchase of
  916  instructional materials for kindergarten, and 75 percent of that
  917  portion of the annual allocation designated for the purchase of
  918  instructional materials for first grade, to purchase materials
  919  not on the state-adopted list.
  920         (4) Remaining funds may The funds described in subsection
  921  (3) which district school boards may use to purchase materials
  922  not on the state-adopted list shall be used for the purchase of
  923  instructional materials or other items, including library and
  924  reference books and nonprint materials, having intellectual
  925  content which assist in the instruction of a subject or course.
  926  These items may be available in bound, unbound, kit, or package
  927  form and may consist of hardbacked or softbacked textbooks,
  928  electronic content, replacements for items which were part of
  929  previously purchased instructional materials, consumables,
  930  learning laboratories, manipulatives, electronic media, computer
  931  courseware or software, and other commonly accepted
  932  instructional tools as prescribed by district school board rule.
  933         Section 15. Paragraphs (o), (p), and (q) of subsection (6)
  934  of section 1001.10, Florida Statutes, are amended, and paragraph
  935  (r) is added to that subsection, to read:
  936         1001.10 Commissioner of Education; general powers and
  937  duties.—
  938         (6) Additionally, the commissioner has the following
  939  general powers and duties:
  940         (o) To develop criteria for use by department state
  941  instructional materials reviewers in evaluating materials
  942  submitted for approval adoption consideration. The criteria
  943  shall, as appropriate, be based on instructional expectations
  944  reflected in course descriptions curriculum frameworks and
  945  student performance standards. The criteria for each subject or
  946  course shall be made available to publishers and manufacturers
  947  of instructional materials pursuant to the requirements of
  948  chapter 1006.
  949         (p) To prescribe procedures for evaluating instructional
  950  materials submitted by publishers and manufacturers in each
  951  review for approval adoption.
  952         (q) To remove any instructional materials from the list of
  953  materials approved by the department or a school district enter
  954  into agreement with Space Florida to develop innovative
  955  aerospace-related education programs that promote mathematics
  956  and science education for grades K-20.
  957         (r) To submit to the Governor, the President of the Senate,
  958  the Speaker of the House of Representatives, and the State Board
  959  of Education an annual report regarding district and state
  960  instructional materials reviews, the impact on the quality and
  961  availability of instructional materials, and the cost
  962  effectiveness of the state and district review processes. The
  963  report shall be submitted on January 1 following the first
  964  fiscal year of implementation of the program and each year
  965  thereafter.
  966         Section 16. Subsection (5) of section 1003.55, Florida
  967  Statutes, is amended to read:
  968         1003.55 Instructional programs for blind or visually
  969  impaired students and deaf or hard-of-hearing students.—
  970         (5) Any publisher or manufacturer of instructional
  971  materials that have been approved by the department or a school
  972  district a textbook adopted pursuant to the state instructional
  973  materials adoption process shall furnish the department of
  974  Education with a computer file in an electronic format specified
  975  by the department at least 2 years in advance that is readily
  976  translatable to Braille and can be used for large print or
  977  speech access. Any instructional materials textbook reproduced
  978  pursuant to the provisions of this subsection shall be purchased
  979  at a price equal to the price paid for the instructional
  980  materials textbook as approved adopted. The department of
  981  Education shall not reproduce instructional materials textbooks
  982  obtained pursuant to this subsection in any manner that would
  983  generate revenues for the department from the use of such
  984  computer files or that would preclude the rightful payment of
  985  fees to the publisher or manufacturer for use of all or some
  986  portion of the instructional materials textbook.
  987         Section 17. Paragraph (j) of subsection (2) of section
  988  1003.621, Florida Statutes, is amended to read:
  989         1003.621 Academically high-performing school districts.—It
  990  is the intent of the Legislature to recognize and reward school
  991  districts that demonstrate the ability to consistently maintain
  992  or improve their high-performing status. The purpose of this
  993  section is to provide high-performing school districts with
  994  flexibility in meeting the specific requirements in statute and
  995  rules of the State Board of Education.
  996         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
  997  high-performing school district shall comply with all of the
  998  provisions in chapters 1000-1013, and rules of the State Board
  999  of Education which implement these provisions, pertaining to the
 1000  following:
 1001         (j) Those statutes relating to instructional materials,
 1002  except that s. 1006.40 s. 1006.37, relating to the requisition
 1003  of state-adopted materials from the depository under contract
 1004  with the publisher, and s. 1006.40(3)(a), relating to the use of
 1005  50 percent of the instructional materials allocation, is shall
 1006  be eligible for exemption.
 1007         Section 18. Paragraph (b) of subsection (6) of section
 1008  1011.62, Florida Statutes, is amended to read:
 1009         1011.62 Funds for operation of schools.—If the annual
 1010  allocation from the Florida Education Finance Program to each
 1011  district for operation of schools is not determined in the
 1012  annual appropriations act or the substantive bill implementing
 1013  the annual appropriations act, it shall be determined as
 1014  follows:
 1015         (6) CATEGORICAL FUNDS.—
 1016         (b) If a district school board finds and declares in a
 1017  resolution approved adopted at a regular meeting of the school
 1018  board that the funds received for any of the following
 1019  categorical appropriations are urgently needed to maintain
 1020  school board specified academic classroom instruction specified
 1021  by the school board, the school board may consider and approve
 1022  an amendment to the school district operating budget
 1023  transferring the identified amount of the categorical funds to
 1024  the appropriate account for expenditure:
 1025         1. Funds for student transportation.
 1026         2. Funds for safe schools.
 1027         3. Funds for supplemental academic instruction if the
 1028  required additional hour of instruction beyond the normal school
 1029  day for each day of the entire school year has been provided for
 1030  the students in each low-performing elementary school in the
 1031  district pursuant to paragraph (1)(f).
 1032         4. Funds for research-based reading instruction if the
 1033  required additional hour of instruction beyond the normal school
 1034  day for each day of the entire school year has been provided for
 1035  the students in each low-performing elementary school in the
 1036  district pursuant to paragraph (9)(a).
 1037         5. Funds for instructional materials if all instructional
 1038  material purchases necessary to provide updated materials that
 1039  are aligned with applicable to Next Generation Sunshine state
 1040  standards and course descriptions benchmarks and that meet
 1041  statutory requirements of content and learning have been
 1042  completed for that fiscal year, but no sooner than March 1.
 1043  Funds available after March 1 may be used to purchase hardware
 1044  for student instruction.
 1045         Section 19. This act shall take effect July 1, 2013.