Florida Senate - 2016 SB 1018
By Senator Hays
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 term “adequate instructional materials” and
5 defining the term “instructional materials”; requiring
6 instructional materials to meet certain standards;
7 requiring each district school board to adopt a
8 process allowing a taxpayer to object to the use of
9 specific instructional materials based on specified
10 criteria; requiring the process to include a
11 taxpayer’s right to appeal a school district decision
12 and a district school board decision; specifying the
13 appeal process; providing for damages, injunctive
14 relief, and attorney fees and costs; authorizing a
15 parent or taxpayer to further appeal a decision of the
16 district school board to the circuit court and to seek
17 damages or injunctive relief; deleting a provision
18 relating to the finality of the school board’s
19 decision under certain circumstances; revising the
20 standards for instructional materials to include
21 standards that are equivalent to or better than
22 applicable state standards; requiring parents and
23 taxpayers to have full access to certain services;
24 amending s. 1006.283, F.S.; revising the requirement
25 that the district school superintendent certify that
26 all instructional materials used by the district for
27 core courses meet certain standards; revising the
28 requirements for school boards that adopt rules for
29 the implementation of the district’s instructional
30 materials program; conforming provisions to changes
31 made by the act; amending s. 1006.31, F.S.; revising
32 the standards that an instructional materials reviewer
33 shall use to include instructional materials standards
34 that are equivalent to or better than applicable state
35 standards; amending s. 1006.40, F.S.; revising the use
36 of a portion of the district school board annual
37 allocation; revising the portion of the district
38 school board annual allocation which may be used for
39 instructional materials; revising the types of
40 instructional materials for which a district school
41 board is responsible; revising applicability; amending
42 ss. 1002.20 and 1006.42, F.S.; conforming cross
43 references; providing an effective date.
45 Be It Enacted by the Legislature of the State of Florida:
47 Section 1. Present subsections (1), (2), and (3) of section
48 1006.28, Florida Statutes, are redesignated as subsection (2),
49 (3), and (4), respectively, a new subsection (1) is added to
50 that section, and present subsection (1) and paragraph (a) of
51 present subsection (2) are amended, to read:
52 1006.28 Duties of district school board, district school
53 superintendent; and school principal regarding K-12
54 instructional materials.—
55 (1) DEFINITIONS.—As used in this section, the term:
56 (a) “Adequate instructional materials” means instructional
57 materials that meet the requirements of this section and have a
58 sufficient number of student or site licenses or sets of
59 materials that are available in bound, unbound, kit, or package
60 form and may consist of hardbacked or softbacked textbooks,
61 electronic content, consumables, learning laboratories,
62 manipulatives, electronic media, and computer courseware or
63 software to serve as the basis for instruction for each student
64 in the core subject areas of mathematics, language arts, social
65 studies, science, reading, and literature.
66 (b) “Instructional materials” means systematically arranged
67 content in text, digital, braille and large print, or audio
68 format which may be used within the state curriculum framework
69 for courses of study by a student in a public school. The term
70 includes textbooks, workbooks and worksheets, handouts, computer
71 software, online or Internet courses, CDs or DVDs, and multiple
72 forms of communication and electronic media. Instructional
73 materials may be used by a student or teacher as principal
74 sources of study to cover any portion of the course.
75 Instructional materials:
76 1. Must be designated for student use;
77 2. May contain or be accompanied by teaching guides and
78 study helps; and
79 3. Must include all textbooks, workbooks, and student
80 materials and supplements necessary for a student to fully
81 participate in coursework.
(1) DISTRICT SCHOOL BOARD.—The district school board has
83 the constitutional duty and responsibility to select and provide
84 adequate instructional materials for all students in accordance
85 with the requirements of this part. The term “adequate
86 instructional materials” means a sufficient number of student or
87 site licenses or sets of materials that are available in bound,
88 unbound, kit, or package form and may consist of hardbacked or
89 softbacked textbooks, electronic content, consumables, learning
90 laboratories, manipulatives, electronic media, and computer
91 courseware or software that serve as the basis for instruction
92 for each student in the core subject areas of mathematics,
93 language arts, social studies, science, reading, and literature.
94 The district school board also has the following specific duties
95 and responsibilities:
96 (a) Courses of study; adoption.—Adopt courses of study,
97 including instructional materials, for use in the schools of the
99 1. Each district school board is responsible for the
100 content of all instructional materials used in a classroom,
101 whether adopted and purchased from the state-adopted
102 instructional materials list or , adopted and purchased through a
103 district instructional materials program under s. 1006.283 , or
104 otherwise purchased or made available in the classroom. Each
105 district school board shall ensure that all instructional
106 materials used in the classroom meet the following criteria:
107 a. Be of high quality, research-based, and proven to be
108 effective in supporting student learning;
109 b. Provide a noninflammatory, objective, and balanced
110 viewpoint on issues;
111 c. Be appropriate to the students’ ages and varying levels
112 of learning;
113 d. Be accurate and factual; and
114 e. Be of acceptable technical quality.
115 2. Each district school board shall must adopt a policy
116 regarding a parent’s or taxpayer’s objection to the his or her
117 child’s use of a specific instructional material based on the
118 criteria specified in subparagraph 1. , which clearly describes a
119 process to handle all objections and provides for resolutions
120 that shall be applied and enforced on a districtwide basis to
121 eliminate the use of objectionable instructional materials in
122 all schools within the district. The process must also include a
123 right to timely appeal any district decision to the district
124 school board and to seek damages, injunctive relief, and
125 attorney fees and costs arising from or related to an appeal of
126 a district school board decision, as provided under subparagraph
127 3 resolution.
128 3. Each district school board shall must establish a
129 process by which the parent of a public school student or the
130 taxpayer may contest the district school board’s adoption of a
131 specific instructional material directly to the school board
132 based on the instructional materials requirements under this
133 section and the requirements of a district instructional
134 materials program under s. 1006.283 or the requirements of
135 instructional materials purchased from the list of state-adopted
136 materials, as applicable. The parent or taxpayer shall must file
137 a petition, on a form provided by the school board, within 30
138 calendar days after the adoption of the material by the school
139 board. The school board shall must make the form available to
140 the public and publish the form on the school district’s
141 website. The form shall must be signed by the parent or
142 taxpayer, include the required contact information, and state
143 the objection to the instructional material. Within 30 days
144 after the 30-day period has expired, the school board shall must
145 conduct at least one open public hearing on all petitions timely
146 received and provide the petitioner written notification of the
147 date and time of the hearing at least 7 days before the hearing.
148 The school board shall make all contested instructional
149 materials contested must be made accessible online to the public
150 at least 7 days before a public hearing. A parent or taxpayer
151 may further appeal the decision of the district school board to
152 the circuit court and seek damages or injunctive relief, or
153 both. The circuit court has original and exclusive jurisdiction
154 of all proceedings against a district school board by a parent
155 or taxpayer brought under this section. In any circuit court
156 proceeding brought under this section, the prevailing party is
157 entitled to reasonable attorney fees and costs The school
158 board’s decision after convening a hearing is final and not
159 subject to further petition or review.
160 (b) Instructional materials.—Provide for proper
161 requisitioning, distribution, accounting, storage, care, and use
162 of all instructional materials and furnish such other
163 instructional materials as may be needed. Instructional
164 materials used must be consistent with the district goals and
165 objectives and the course descriptions established in rule of
166 the State Board of Education, as well as with the applicable
167 Next Generation Sunshine State Standards provided for in s.
168 1003.41, with standards that are equivalent to or better than
169 the applicable state standards, or with courses offered in the
170 district pursuant to s. 1003.4282(1).
171 (c) Other instructional materials.—Provide such other
172 teaching accessories and aids as are needed for the school
173 district’s educational program.
174 (d) School library media services; establishment and
175 maintenance.—Establish and maintain a program of school library
176 media services for all public schools in the district, including
177 school library media centers, or school library media centers
178 open to the public, and, in addition such traveling or
179 circulating libraries as may be needed for the proper operation
180 of the district school system. Parents and taxpayers shall have
181 full access to all school library media services.
182 (3) (2) DISTRICT SCHOOL SUPERINTENDENT.—
183 (a) The district school superintendent has the duty to
184 recommend such plans for improving, providing, distributing,
185 accounting for, and caring for instructional materials and other
186 instructional aids as will result in general improvement of the
187 district school system, as prescribed in this part, in
188 accordance with adopted district school board rules prescribing
189 the duties and responsibilities of the district school
190 superintendent regarding the requisition, purchase, receipt,
191 storage, distribution, use, conservation, records, and reports
192 of, and management practices and property accountability
193 concerning, instructional materials, and providing for an
194 evaluation of any instructional materials to be requisitioned
195 that have not been used previously in the district’s schools.
196 The district school superintendent shall must keep adequate
197 records and accounts for all financial transactions for funds
198 collected pursuant to subsection (4) (3).
199 Section 2. Subsections (1), (2), and (4) of section
200 1006.283, Florida Statutes, are amended to read:
201 1006.283 District school board instructional materials
202 review process.—
203 (1) A district school board or consortium of school
204 districts may implement an instructional materials program that
205 includes the review, recommendation, adoption, and purchase of
206 instructional materials pursuant to the requirements of this
207 section. The district school superintendent shall certify to the
208 department by March 31 of each year that all instructional
209 materials for core courses used by the district are aligned with
210 applicable state standards, aligned with standards that are
211 equivalent to or better than the applicable state standards, or
212 aligned with courses offered in the district pursuant to s.
213 1003.4282(1). A list of the core instructional materials that
214 will be used or purchased for use by the school district shall
215 be included in the certification.
216 (2)(a) If a district school board chooses to implement its
217 own instructional materials program, the school board shall
218 adopt rules implementing the district’s instructional materials
219 program which must include its processes, criteria, and
220 requirements for the following:
221 1. Selection of reviewers, at least one-third of whom shall
222 one or more of whom must be parents with children in public
224 2. Review of instructional materials.
225 3. Selection of instructional materials, including a
226 thorough review of curriculum content.
227 4. Reviewer recommendations.
228 5. District school board adoption.
229 6. Purchase of instructional materials.
230 7. Use of an instructional materials review committee that
231 is subject to s. 286.011 and that is selected by and reports
232 directly to the district school board.
233 (b) District school board rules shall must also:
234 1. Identify, by subject area, a review cycle for
235 instructional materials.
236 2. Specify the qualifications for an instructional
237 materials reviewer and the process for selecting reviewers; list
238 a reviewer’s duties and responsibilities, including compliance
239 with the requirements of s. 1006.31; and provide that all
240 instructional materials recommended by a reviewer be accompanied
241 by the reviewer’s statement that the materials align with the
242 state standards pursuant to s. 1003.41, align with standards
243 that are equivalent to or better than the applicable state
244 standards, or otherwise align with courses offered in the
245 district pursuant to s. 1003.4282(1) and the requirements of s.
247 3. State the requirements for an affidavit to be made by
248 each district instructional materials reviewer which
249 substantially meet the requirements of s. 1006.30.
250 4. Comply with s. 1006.32, relating to prohibited acts.
251 5. Establish a process that certifies the accuracy of
252 instructional materials.
253 6. Incorporate applicable requirements of s. 1006.31, which
254 relates to the duties of instructional materials reviewers.
255 7. Incorporate applicable requirements of s. 1006.38,
256 relating to the duties, responsibilities, and requirements of
257 publishers of instructional materials.
258 8. Establish the process by which instructional materials
259 are adopted by the district school board, which shall must
261 a. A process to allow student and teacher editions of
262 recommended instructional materials to be accessed and viewed
263 online by the public at least 20 calendar days before the school
264 board hearing and public meeting as specified in this
265 subparagraph. This process must include reasonable safeguards
266 against the unauthorized use, reproduction, and distribution of
267 instructional materials considered for adoption.
268 b. An open, noticed school board hearing to receive public
269 comment on the recommended instructional materials.
270 c. An open, noticed public meeting to approve an annual
271 instructional materials plan to identify any instructional
272 materials that will be purchased through the district school
273 board instructional materials review process pursuant to this
274 section. The district school board shall hold this public
275 meeting must be held on a different date than the school board
277 d. Notice requirements for the school board hearing and the
278 public meeting that shall must specifically state which
279 instructional materials are being reviewed and the manner in
280 which the instructional materials can be accessed for public
282 9. Establish the process by which the district school board
283 shall receive public comment on, and review, the recommended
284 instructional materials.
285 10. Establish the process by which instructional materials
286 will be purchased, including advertising, bidding, and
287 purchasing requirements.
288 11. Establish the process by which the school district will
289 notify parents and taxpayers of their ability to access their
290 children’s instructional materials through the district’s local
291 instructional improvement system and by which the school
292 district will encourage parents and taxpayers to access the
293 system. This notification shall must be displayed prominently on
294 the school district’s website and provided annually in written
295 format to all parents of enrolled students.
296 (4) Instructional materials that have been reviewed by the
297 district instructional materials reviewers and approved shall be
298 must have been determined to align with all applicable state
299 standards pursuant to s. 1003.41, align with standards that are
300 equivalent to or better than the applicable state standards, or
301 otherwise align with courses offered in the district pursuant to
302 s. 1003.4282(1) and the requirements in s. 1006.31. The district
303 school superintendent shall annually certify to the department
304 that all instructional materials for core courses used by the
305 district are aligned with all applicable state standards, are
306 aligned with standards that are equivalent to or better than the
307 applicable state standards, or are aligned with courses offered
308 in the district pursuant to s. 1003.4282(1) and have been
309 reviewed, selected, and adopted by the district school board in
310 accordance with the school board hearing and public meeting
311 requirements of this section.
312 Section 3. Subsection (2) of section 1006.31, Florida
313 Statutes, is amended to read:
314 1006.31 Duties of the Department of Education and school
315 district instructional materials reviewer.—The duties of the
316 instructional materials reviewer are:
317 (2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To use the
318 selection criteria listed in s. 1006.34(2)(b) for instructional
319 materials reviewers under a state approval process or to use the
320 selection criteria listed in s. 1006.28(2)(a)1. for
321 instructional materials reviewers under a district approval
322 process under s. 1006.283 and recommend for adoption only those
323 instructional materials that are aligned with the Next
324 Generation Sunshine State Standards provided for in s. 1003.41,
325 that are aligned with standards that are equivalent to or better
326 than applicable state standards, or that are aligned with
327 courses offered in the district pursuant to s. 1003.4282(1).
328 Instructional materials recommended by each reviewer shall be,
329 to the satisfaction of each reviewer, accurate, objective,
330 balanced, noninflammatory, current, and suited to student needs
331 and their ability to comprehend the material presented.
332 Reviewers shall consider for recommendation materials developed
333 for academically talented students, such as students enrolled in
334 advanced placement courses. When recommending instructional
335 materials, each reviewer shall:
336 (a) Include only instructional materials that accurately
337 portray the ethnic, socioeconomic, cultural, religious,
338 physical, and racial diversity of our society, including men and
339 women in professional, career, and executive roles, and the role
340 and contributions of the entrepreneur and labor in the total
341 development of this state and the United States.
342 (b) Include only materials that accurately portray,
343 whenever appropriate, humankind’s place in ecological systems,
344 including the necessity for the protection of our environment
345 and conservation of our natural resources and the effects on the
346 human system of the use of tobacco, alcohol, controlled
347 substances, and other dangerous substances.
348 (c) Include materials that encourage thrift, fire
349 prevention, and humane treatment of people and animals.
350 (d) Require, when appropriate to the comprehension of
351 students, that materials for social science, history, or civics
352 classes contain the Declaration of Independence and the
353 Constitution of the United States. A reviewer may not recommend
354 any instructional materials that contain any matter reflecting
355 unfairly upon persons because of their race, color, creed,
356 national origin, ancestry, gender, religion, disability,
357 socioeconomic status, or occupation.
358 Section 4. Subsections (3), (5), and (8) of section
359 1006.40, Florida Statutes, are amended to read:
360 1006.40 Use of instructional materials allocation;
361 instructional materials, library books, and reference books;
362 repair of books.—
363 (3)(a) Beginning with the 2016-2017 2015-2016 fiscal year
364 and except as otherwise authorized in paragraphs (b) and (c),
365 each district school board shall use at least 50 percent of the
366 annual allocation for the purchase of digital or electronic
367 instructional materials that meet the requirements of s.
368 1006.31, and that are consistent with district goals and
369 objectives and the course descriptions adopted in rule by the
370 State Board of Education, align with state standards provided in
371 s. 1003.41, align with standards that are equivalent to or
372 better than applicable state standards, or align with courses
373 offered in the district pursuant to s. 1003.4282(1) included on
374 the state-adopted list, except as otherwise authorized in
375 paragraphs (b) and (c).
376 (b) All Up to 50 percent of the annual allocation may be
377 used for the purchase of instructional materials, including
378 library and reference books and nonprint materials, not included
379 on the state-adopted list and for the repair and renovation of
380 textbooks and library books if a district school board
381 implements an instructional materials program pursuant to s.
383 (c) If a district school board does not implement an
384 instructional materials program pursuant to s. 1006.283, it
385 boards may use 100 percent of that portion of the annual
386 allocation designated for the purchase of instructional
387 materials for kindergarten, and 75 percent of that portion of
388 the annual allocation designated for the purchase of
389 instructional materials for first grade, to purchase materials
390 not on the state-adopted list.
391 (5) Each district school board is responsible for the
392 content of all instructional materials used in a classroom,
393 whether purchased from the state-adopted instructional materials
394 list or purchased through a district instructional materials
395 program under s. 1006.283 an adoption process or otherwise
396 purchased or made available in the classroom. Each district
397 school board shall adopt rules, and each district school
398 superintendent shall implement procedures, which that:
399 (a) Maximize student use of the district-approved
400 instructional materials, whether purchased from the state
401 adopted instructional materials list or purchased through a
402 district instructional materials program under s. 1006.283.
403 (b) If purchased from the state-adopted instructional
404 materials list, provide a process for public review of, public
405 comment on, and the adoption of instructional materials which
406 that satisfies the requirements of s. 1006.283(2)(b)8., 9., and
407 11; or, if purchased through a district instructional materials
408 program, implement a program that fully complies with s.
410 (8) Subsections (3), (4) , and (6) do not apply to a
411 district school board or a consortium of school districts which
412 that implements an instructional materials program pursuant to
413 s. 1006.283 except that, by the 2015-2016 fiscal year, each
414 district school board shall use at least 50 percent of the
415 annual instructional materials allocation for the purchase of
416 digital or electronic instructional materials that are aligned
417 align with state standards adopted by the State Board of
418 Education pursuant to s. 1003.41, aligned with standards that
419 are equivalent to or better than applicable state standards, or
420 aligned with courses offered in the district pursuant to s.
422 Section 5. Paragraphs (b) and (c) of subsection (19) of
423 section 1002.20, Florida Statutes, are amended to read:
424 1002.20 K-12 student and parent rights.—Parents of public
425 school students shall must receive accurate and timely
426 information regarding their child’s academic progress and shall
427 must be informed of ways they can help their child to succeed in
428 school. K-12 students and their parents are afforded numerous
429 statutory rights including, but not limited to, the following:
430 (19) INSTRUCTIONAL MATERIALS.—
431 (b) Curricular objectives.—The parent of each public school
432 student has the right to receive effective communication from
433 the school principal as to the manner in which instructional
434 materials are used to implement the school’s curricular
435 objectives, in accordance with s. 1006.28(4)(a) the provisions
436 of s. 1006.28(3)(a).
437 (c) Sale of instructional materials.—Upon request of the
438 parent of a public school student, the school principal shall
439 must sell to the parent any instructional materials used in the
440 school, in accordance with s. 1006.28(4)(c) the provisions of s.
442 Section 6. Section 1006.42, Florida Statutes, is amended to
444 1006.42 Responsibility of students and parents for
445 instructional materials.—All instructional materials purchased
446 under the provisions of this part are the property of the
447 district school board. When distributed to the students, these
448 instructional materials are on loan to the students while they
449 are pursuing their courses of study and are to be returned at
450 the direction of the school principal or the teacher in charge.
451 Each parent of a student to whom or for whom instructional
452 materials have been issued, is liable for any loss or
453 destruction of, or unnecessary damage to, the instructional
454 materials or for failure of the student to return the
455 instructional materials when directed by the school principal or
456 the teacher in charge, and shall pay for such loss, destruction,
457 or unnecessary damage as provided under s. 1006.28(4) s.
459 Section 7. This act shall take effect upon becoming a law.