Florida Senate - 2016                                    SB 1018
       
       
        
       By Senator Hays
       
       
       
       
       
       11-00788B-16                                          20161018__
    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.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   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.
   82         (2)(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
   98  district.
   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
  223  schools.
  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.
  246  1006.31.
  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
  260  include:
  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
  276  hearing.
  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
  281  review.
  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.
  382  1006.283.
  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.
  409  1006.283.
  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.
  421  1003.4282(1).
  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.
  441  1006.28(3)(c).
  442         Section 6. Section 1006.42, Florida Statutes, is amended to
  443  read:
  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.
  458  1006.28(3).
  459         Section 7. This act shall take effect upon becoming a law.