Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1210
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/27/2017           .                                

       The Committee on Education (Lee) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (1), (2), and (3) of section
    6  1006.28, Florida Statutes, are redesignated as subsections (2),
    7  (3), and (4), respectively, a new subsection (1) is added to
    8  that section, and present subsection (1) and paragraph (a) of
    9  present subsection (2) are amended, to read:
   10         1006.28 Duties of district school board, district school
   11  superintendent; and school principal regarding K-12
   12  instructional materials.—
   13         (1) DEFINITIONS.—As used in this section, the term:
   14         (a) “Adequate instructional materials” means instructional
   15  materials that meet the requirements of this section and have a
   16  sufficient number of student or site licenses or sets of
   17  materials that are available in bound, unbound, kit, or package
   18  form and may consist of hardbacked or softbacked textbooks,
   19  electronic content, consumables, learning laboratories,
   20  manipulatives, electronic media, and computer courseware or
   21  software to serve as the basis for instruction for each student
   22  in the core subject areas of mathematics, language arts, social
   23  studies, science, reading, and literature.
   24         (b) “Instructional materials” has the same meaning as in s.
   25  1006.29(2).
   26         (c) “Legal resident” or “resident” means a person who has
   27  maintained his or her residence in this state for the preceding
   28  year, has purchased a home that is occupied by him or her as his
   29  or her residence, or has established a domicile in this state
   30  pursuant to s. 222.17.
   31         (2)(1) DISTRICT SCHOOL BOARD.—The district school board has
   32  the constitutional duty and responsibility to select and provide
   33  adequate instructional materials for all students in accordance
   34  with the requirements of this part. The term “adequate
   35  instructional materials” means a sufficient number of student or
   36  site licenses or sets of materials that are available in bound,
   37  unbound, kit, or package form and may consist of hardbacked or
   38  softbacked textbooks, electronic content, consumables, learning
   39  laboratories, manipulatives, electronic media, and computer
   40  courseware or software that serve as the basis for instruction
   41  for each student in the core subject areas of mathematics,
   42  language arts, social studies, science, reading, and literature.
   43  The district school board also has the following specific duties
   44  and responsibilities:
   45         (a) Courses of study; adoption.—Adopt courses of study,
   46  including instructional materials, for use in the schools of the
   47  district.
   48         1. Each district school board is responsible for the
   49  content of all instructional materials used in a classroom,
   50  whether adopted and purchased from the state-adopted
   51  instructional materials list or, adopted and purchased through a
   52  district instructional materials program under s. 1006.283, or
   53  otherwise purchased or made available in the classroom.
   54  Irrespective of whether or not instructional materials are
   55  purchased by a district from the state-adopted instructional
   56  materials list or purchased by a district through a district
   57  instructional materials program under s. 1006.283, each district
   58  school board shall ensure that all instructional materials used
   59  in the classroom meet the following criteria:
   60         a. Be research based, and be proven to be effective in
   61  supporting student learning;
   62         b. Provide a noninflammatory, objective, and balanced
   63  viewpoint on issues;
   64         c. Be appropriate to the students’ ages and varying levels
   65  of learning;
   66         d. Be accurate and factual;
   67         e. Be of acceptable technical quality;
   68         f. Shall strictly adhere to the requirements of s.
   69  1003.42(2); and
   70         g. Not contain pornography or content as is otherwise
   71  prohibited by s. 847.012(3).
   73  Districts may not determine that instructional materials used in
   74  the classroom meet the above criteria on the basis that such
   75  materials were purchased by a district from the state-adopted
   76  instructional materials list or purchased by a district through
   77  a district instructional materials program under s. 1006.283.
   78         2. Each district school board shall must adopt a policy
   79  regarding the right of a parent or a resident of the county to
   80  object parent’s objection to the his or her child’s use of a
   81  specific instructional material based on the criteria specified
   82  in subparagraph 1., which policy must clearly describe describes
   83  a process to handle all objections and provide resolutions,
   84  which shall be applied and enforced on a districtwide basis,
   85  that eliminate the use, in all schools within the district, of
   86  instructional materials that do not meet the criteria specified
   87  in subparagraph 1. The process must also include a right to
   88  timely appeal any district decision to the district school board
   89  provides for resolution.
   90         3. Each district school board shall must establish a
   91  process by which the parent of a public school student or a
   92  resident of the county may contest the district school board’s
   93  adoption of a specific instructional material directly to the
   94  school board based on the instructional materials requirements
   95  under this section and the requirements of a district
   96  instructional materials program under s. 1006.283 or the
   97  requirements of instructional materials purchased from the list
   98  of state-adopted materials, as applicable. The parent or the
   99  resident of the county shall must file a petition, on a form
  100  provided by the school board, within 30 calendar days after the
  101  adoption of the material by the school board. The school board
  102  shall must make the form available to the public and publish the
  103  form on the school district’s website. The form must be signed
  104  by the parent or the resident of the county, include the
  105  required contact information, and state the objection to the
  106  instructional material. Within 30 days after the 30-day period
  107  has expired, the school board shall must conduct at least one
  108  open public hearing on all petitions timely received and provide
  109  the petitioner written notification of the date and time of the
  110  hearing at least 7 days before the hearing. The school board
  111  shall make all contested instructional materials contested must
  112  be made accessible online to the public at least 7 days before a
  113  public hearing. The school board’s decision after convening a
  114  hearing is final and not subject to further petition or review.
  115         (b) Instructional materials.—Provide for proper
  116  requisitioning, distribution, accounting, storage, care, and use
  117  of all instructional materials and furnish such other
  118  instructional materials as may be needed. Instructional
  119  materials used must be consistent with the district goals and
  120  objectives and the course descriptions established in rule of
  121  the State Board of Education, as well as with the applicable
  122  Next Generation Sunshine State Standards provided for in s.
  123  1003.41.
  124         (c) Other instructional materials.—Provide such other
  125  teaching accessories and aids as are needed for the school
  126  district’s educational program.
  127         (d) School library media services; establishment and
  128  maintenance.—Establish and maintain a program of school library
  129  media services for all public schools in the district, including
  130  school library media centers, or school library media centers
  131  open to the public, and, in addition such traveling or
  132  circulating libraries as may be needed for the proper operation
  133  of the district school system. Upon a written request, a school
  134  district shall provide access to any instructional material or
  135  book specified in the request which is maintained in a district
  136  school system library and is available for review.
  138         (a) The district school superintendent has the duty to
  139  recommend such plans for improving, providing, distributing,
  140  accounting for, and caring for instructional materials and other
  141  instructional aids as will result in general improvement of the
  142  district school system, as prescribed in this part, in
  143  accordance with adopted district school board rules prescribing
  144  the duties and responsibilities of the district school
  145  superintendent regarding the requisition, purchase, receipt,
  146  storage, distribution, use, conservation, records, and reports
  147  of, and management practices and property accountability
  148  concerning, instructional materials, and providing for an
  149  evaluation of any instructional materials to be requisitioned
  150  that have not been used previously in the district’s schools.
  151  The district school superintendent shall must keep adequate
  152  records and accounts for all financial transactions for funds
  153  collected pursuant to subsection (4) (3).
  154         Section 2. Subsections (1), (2), and (4) of section
  155  1006.283, Florida Statutes, are amended to read:
  156         1006.283 District school board instructional materials
  157  review process.—
  158         (1) A district school board or consortium of school
  159  districts may implement an instructional materials program that
  160  includes the review, recommendation, adoption, and purchase of
  161  instructional materials pursuant to the requirements of this
  162  section. The district school superintendent shall certify to the
  163  department by March 31 of each year that all instructional
  164  materials for core courses used by the district are aligned with
  165  applicable state standards. A list of the core instructional
  166  materials that will be used or purchased for use by the school
  167  district shall be included in the certification.
  168         (2)(a) If a district school board chooses to implement its
  169  own instructional materials program, the school board shall
  170  adopt rules implementing the district’s instructional materials
  171  program which must include its processes, criteria, and
  172  requirements for the following:
  173         1. Selection of reviewers, at least one-third one or more
  174  of whom must be parents with children in public schools who are
  175  not and have not been employees of the district.
  176         2. Review of instructional materials.
  177         3. Selection of instructional materials, including a
  178  thorough review of curriculum content.
  179         4. Reviewer recommendations.
  180         5. District school board adoption.
  181         6. Purchase of instructional materials.
  182         7. Use of an instructional materials review committee that
  183  is subject to s. 286.011 and that is selected by and reports
  184  directly to the district school board.
  185         (b) District school board rules shall must also:
  186         1. Identify, by subject area, a review cycle for
  187  instructional materials.
  188         2. Specify the qualifications for an instructional
  189  materials reviewer and the process for selecting reviewers; list
  190  a reviewer’s duties and responsibilities, including compliance
  191  with the requirements of s. 1006.31; and provide that all
  192  instructional materials recommended by a reviewer be accompanied
  193  by the reviewer’s statement that the materials align with the
  194  state standards pursuant to s. 1003.41 and the requirements of
  195  s. 1006.31.
  196         3. State the requirements for an affidavit to be made by
  197  each district instructional materials reviewer which
  198  substantially meet the requirements of s. 1006.30.
  199         4. Comply with s. 1006.32, relating to prohibited acts.
  200         5. Establish a process that certifies the accuracy of
  201  instructional materials.
  202         6. Incorporate applicable requirements of s. 1006.31, which
  203  relates to the duties of instructional materials reviewers.
  204         7. Incorporate applicable requirements of s. 1006.38,
  205  relating to the duties, responsibilities, and requirements of
  206  publishers of instructional materials.
  207         8. Establish the process by which instructional materials
  208  are adopted by the district school board, which must include:
  209         a. A process to allow student editions of recommended
  210  instructional materials to be accessed and viewed online by the
  211  public at least 20 calendar days before the school board hearing
  212  and public meeting as specified in this subparagraph. This
  213  process must include reasonable safeguards against the
  214  unauthorized use, reproduction, and distribution of
  215  instructional materials considered for adoption.
  216         b. An open, noticed school board hearing to receive public
  217  comment on the recommended instructional materials.
  218         c. An open, noticed public meeting to approve an annual
  219  instructional materials plan to identify any instructional
  220  materials that will be purchased through the district school
  221  board instructional materials review process pursuant to this
  222  section. The district school board shall hold this public
  223  meeting must be held on a different date than the school board
  224  hearing.
  225         d. Notice requirements for the school board hearing and the
  226  public meeting that must specifically state which instructional
  227  materials are being reviewed and the manner in which the
  228  instructional materials can be accessed for public review.
  229         9. Establish the process by which the district school board
  230  shall receive public comment on, and review, the recommended
  231  instructional materials.
  232         10. Establish the process by which instructional materials
  233  are will be purchased, including advertising, bidding, and
  234  purchasing requirements.
  235         11. Establish the process by which the school district
  236  notifies will notify parents and residents of the county of
  237  their ability to access their children’s instructional materials
  238  through the district’s local instructional improvement system
  239  and by which the school district will encourage parents and
  240  residents of the county to access the system. This notification
  241  must be displayed prominently on the school district’s website
  242  and provided annually in written format to all parents of
  243  enrolled students.
  244         (4) Instructional materials that have been reviewed by the
  245  district instructional materials reviewers and approved shall be
  246  must have been determined to align with all applicable state
  247  standards pursuant to s. 1003.41 and the requirements in s.
  248  1006.31. The district school superintendent shall annually
  249  certify to the department that all instructional materials for
  250  core courses used by the district are aligned with all
  251  applicable state standards and have been reviewed, selected, and
  252  adopted by the district school board in accordance with the
  253  school board hearing and public meeting requirements of this
  254  section.
  255         Section 3. Subsection (2) of section 1006.31, Florida
  256  Statutes, is amended to read:
  257         1006.31 Duties of the Department of Education and school
  258  district instructional materials reviewer.—The duties of the
  259  instructional materials reviewer are:
  261  selection criteria listed in s. 1006.34(2)(b) for instructional
  262  materials reviewers under a state approval process or to use the
  263  selection criteria listed in s. 1006.28(2)(a)1. for
  264  instructional materials reviewers under a district approval
  265  process under s. 1006.283 and recommend for adoption only those
  266  instructional materials that are aligned with the Next
  267  Generation Sunshine State Standards provided for in s. 1003.41.
  268  Instructional materials recommended by each reviewer shall be,
  269  to the satisfaction of each reviewer, accurate, objective,
  270  balanced, noninflammatory, current, and suited to student needs
  271  and their ability to comprehend the material presented.
  272  Reviewers shall consider for recommendation materials developed
  273  for academically talented students, such as students enrolled in
  274  advanced placement courses. When recommending instructional
  275  materials, each reviewer shall:
  276         (a) Include only instructional materials that accurately
  277  portray the ethnic, socioeconomic, cultural, religious,
  278  physical, and racial diversity of our society, including men and
  279  women in professional, career, and executive roles, and the role
  280  and contributions of the entrepreneur and labor in the total
  281  development of this state and the United States.
  282         (b) Include only materials that accurately portray,
  283  whenever appropriate, humankind’s place in ecological systems,
  284  including the necessity for the protection of our environment
  285  and conservation of our natural resources and the effects on the
  286  human system of the use of tobacco, alcohol, controlled
  287  substances, and other dangerous substances.
  288         (c) Include materials that encourage thrift, fire
  289  prevention, and humane treatment of people and animals.
  290         (d) Require, when appropriate to the comprehension of
  291  students, that materials for social science, history, or civics
  292  classes contain the Declaration of Independence and the
  293  Constitution of the United States. A reviewer may not recommend
  294  any instructional materials that contain any matter reflecting
  295  unfairly upon persons because of their race, color, creed,
  296  national origin, ancestry, gender, religion, disability,
  297  socioeconomic status, or occupation.
  298         Section 4. Subsections (3), (5), and (8) of section
  299  1006.40, Florida Statutes, are amended to read:
  300         1006.40 Use of instructional materials allocation;
  301  instructional materials, library books, and reference books;
  302  repair of books.—
  303         (3)(a) Except for a school district or a consortium of
  304  school districts that implements an instructional materials
  305  program pursuant to s. 1006.283 Beginning with the 2015-2016
  306  fiscal year, each district school board shall use at least 50
  307  percent of the annual allocation for only the purchase of
  308  digital or electronic instructional materials that align with
  309  state standards and that are included on the state-adopted list,
  310  except as otherwise authorized in paragraphs (b) and (c).
  311         (b) Up to 50 percent of the annual allocation may be used
  312  for:
  313         1. The purchase of instructional materials, including
  314  library and reference books and nonprint materials;, not
  315  included on the state-adopted list and for the repair and
  316  renovation of textbooks and library books.
  317         2. The purchase of materials that are not provided under
  318  subparagraph 1. and that have intellectual content that assist
  319  in the instruction of a subject or course. These materials may
  320  be available in bound, unbound, kit, or package form and may
  321  consist of hardbacked or softbacked textbooks, novels,
  322  electronic content, consumables, learning laboratories,
  323  manipulatives, electronic media, computer courseware or
  324  software, and other commonly accepted instructional tools as
  325  prescribed by district school board rule; and
  326         3. The repair and renovation of textbooks and library books
  327  and replacements for items that were part of previously
  328  purchased instructional materials.
  329         (c) District school boards may use 100 percent of that
  330  portion of the annual allocation designated for the purchase of
  331  instructional materials for kindergarten, and 75 percent of that
  332  portion of the annual allocation designated for the purchase of
  333  instructional materials for first grade, to purchase materials
  334  not on the state-adopted list.
  335         (5) Each district school board is responsible for the
  336  content of all instructional materials used in a classroom,
  337  whether purchased from the state-adopted instructional materials
  338  list or through a district instructional materials program under
  339  s. 1006.283 an adoption process or otherwise purchased or made
  340  available in the classroom. Each district school board shall
  341  adopt rules, and each district school superintendent shall
  342  implement procedures, which that:
  343         (a) Maximize student use of the district-approved
  344  instructional materials, whether purchased from the state
  345  adopted instructional materials list or purchased through a
  346  district instructional materials program under s. 1006.283.
  347         (b) If the instructional materials are purchased from the
  348  state-adopted instructional materials list, provide a process
  349  for public review of, public comment on, and the adoption of
  350  instructional materials which that satisfies the requirements of
  351  s. 1006.283(2)(b)8., 9., and 11.; or, if purchased through a
  352  district instructional materials program, implement a program
  353  that fully complies with s. 1006.283.
  354         (8) Subsections (3), (4), and (6) do not apply to a
  355  district school board or a consortium of school districts which
  356  that implements an instructional materials program pursuant to
  357  s. 1006.283 except that, by the 2015-2016 fiscal year, each
  358  district school board shall use at least 50 percent of the
  359  annual instructional materials allocation for the purchase of
  360  digital or electronic instructional materials that are aligned
  361  align with state standards adopted by the State Board of
  362  Education pursuant to s. 1003.41.
  363         Section 5. Paragraphs (b) and (c) of subsection (19) of
  364  section 1002.20, Florida Statutes, are amended to read:
  365         1002.20 K-12 student and parent rights.—Parents of public
  366  school students must receive accurate and timely information
  367  regarding their child’s academic progress and must be informed
  368  of ways they can help their child to succeed in school. K-12
  369  students and their parents are afforded numerous statutory
  370  rights including, but not limited to, the following:
  371         (19) INSTRUCTIONAL MATERIALS.—
  372         (b) Curricular objectives.—The parent of each public school
  373  student has the right to receive effective communication from
  374  the school principal as to the manner in which instructional
  375  materials are used to implement the school’s curricular
  376  objectives, in accordance with s. 1006.28(4)(a) the provisions
  377  of s. 1006.28(3)(a).
  378         (c) Sale of instructional materials.—Upon request of the
  379  parent of a public school student, the school principal shall
  380  must sell to the parent any instructional materials used in the
  381  school, in accordance with s. 1006.28(4)(c) the provisions of s.
  382  1006.28(3)(c).
  383         Section 6. Section 1006.42, Florida Statutes, is amended to
  384  read:
  385         1006.42 Responsibility of students and parents for
  386  instructional materials.—All instructional materials purchased
  387  under the provisions of this part are the property of the
  388  district school board. When distributed to the students, these
  389  instructional materials are on loan to the students while they
  390  are pursuing their courses of study and are to be returned at
  391  the direction of the school principal or the teacher in charge.
  392  Each parent of a student to whom or for whom instructional
  393  materials have been issued, is liable for any loss or
  394  destruction of, or unnecessary damage to, the instructional
  395  materials or for failure of the student to return the
  396  instructional materials when directed by the school principal or
  397  the teacher in charge, and shall pay for such loss, destruction,
  398  or unnecessary damage as provided under s. 1006.28(4) s.
  399  1006.28(3).
  400         Section 7. This act shall take effect upon becoming a law.
  402  ================= T I T L E  A M E N D M E N T ================
  403  And the title is amended as follows:
  404         Delete everything before the enacting clause
  405  and insert:
  406                        A bill to be entitled                      
  407         An act relating to instructional materials for K-12
  408         public education; amending s. 1006.28, F.S.; revising
  409         the term “adequate instructional materials”; defining
  410         terms; requiring instructional materials to meet
  411         certain standards; requiring each district school
  412         board to adopt a process allowing parents or residents
  413         of the county to object to the use of specific
  414         instructional materials based on specified criteria;
  415         requiring the process to include a right to appeal a
  416         school district decision; specifying the appeal
  417         process; deleting a provision relating to the finality
  418         of the school board’s decision under certain
  419         circumstances; requiring that district school boards
  420         provide parents and residents of the county access to
  421         certain materials under certain circumstances;
  422         amending s. 1006.283, F.S.; revising the requirements
  423         for school boards that adopt rules for the
  424         implementation of the district’s instructional
  425         materials program; conforming provisions to changes
  426         made by the act; amending s. 1006.31, F.S.; revising
  427         the standards that an instructional materials reviewer
  428         shall use; amending s. 1006.40, F.S.; revising
  429         requirements for use of the instructional materials
  430         allocation; revising the types of instructional
  431         materials for which a district school board is
  432         responsible; revising applicability; amending ss.
  433         1002.20 and 1006.42, F.S.; conforming cross
  434         references; providing an effective date.