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 to Amendment (833208) (with title
    2  amendment)
    4         Delete lines 54 - 263
    5  and insert:
    6         2. Each district school board shall must adopt a policy
    7  regarding an objection by a parent or a resident of the county a
    8  parent’s objection to the his or her child’s use of a specific
    9  instructional material, which clearly describes a process to
   10  handle all objections and provides for resolution. The process
   11  must provide the parent or resident the opportunity to offer
   12  evidence to the district school board that:
   13         a. An instructional material does not meet the criteria of
   14  s. 1006.31(2) if it was selected for use in a course or
   15  otherwise made available to students in the school district but
   16  was not subject to the public notice, review, comment, and
   17  hearing procedures under s. 1006.283(2)(b)8., 9., and 11.
   18         b. Any material used in a classroom, made available in a
   19  school library, or included on a reading list contains content
   20  that is pornographic or prohibited under s. 847.012, is not
   21  suited to student needs and their ability to comprehend the
   22  material presented, or is inappropriate for the grade level and
   23  age group for which the material is used.
   25  If the district school board finds that an instructional
   26  material does not meet the criteria under sub-subparagraph a. or
   27  that any other material contains prohibited content under sub
   28  subparagraph b., the school district shall discontinue use of
   29  the material for any grade level or age group for which such use
   30  is inappropriate or unsuitable. The process much also include a
   31  right to timely appeal any district decision to the district
   32  school board.
   33         3. Each district school board shall must establish a
   34  process by which the parent of a public school student or a
   35  resident of the county may contest the district school board’s
   36  adoption of a specific instructional material. The parent or
   37  resident must file a petition, on a form provided by the school
   38  board, within 30 calendar days after the adoption of the
   39  material by the school board. The school board must make the
   40  form available to the public and publish the form on the school
   41  district’s website. The form must be signed by the parent or
   42  resident, include the required contact information, and state
   43  the objection to the instructional material, based on the
   44  criteria of s. 1006.31(2). Within 30 days after the 30-day
   45  period has expired, the school board must, for all petitions
   46  timely received, conduct at least one open public hearing on all
   47  petitions timely received, providing at a minimum the procedural
   48  safeguards of ss. 120.569 and 120.57 making appropriate
   49  provision for appointment of unbiased and qualified hearing
   50  officers. A hearing officer may not be an employee, agent, or
   51  contractor of the school district and provide the petitioner
   52  written notification of the date and time of the hearing at
   53  least 7 days before the hearing. all instructional materials
   54  contested must be made accessible online to the public at least
   55  7 days before a public hearing.
   57  The school board’s decision after convening a hearing is final
   58  and not subject to further petition or review.
   59         (b) Instructional materials.—Provide for proper
   60  requisitioning, distribution, accounting, storage, care, and use
   61  of all instructional materials and furnish such other
   62  instructional materials as may be needed. Instructional
   63  materials used must be consistent with the district goals and
   64  objectives and the course descriptions established in rule of
   65  the State Board of Education, as well as with the applicable
   66  Next Generation Sunshine State Standards provided for in s.
   67  1003.41.
   68         (c) Other instructional materials.—Provide such other
   69  teaching accessories and aids as are needed for the school
   70  district’s educational program.
   71         (d) School library media services; establishment and
   72  maintenance.—Establish and maintain a program of school library
   73  media services for all public schools in the district, including
   74  school library media centers, or school library media centers
   75  open to the public, and, in addition such traveling or
   76  circulating libraries as may be needed for the proper operation
   77  of the district school system. Upon a written request, a school
   78  district shall provide access to any instructional material or
   79  book specified in the request which is maintained in a district
   80  school system library and is available for review.
   82         (a) The district school superintendent has the duty to
   83  recommend such plans for improving, providing, distributing,
   84  accounting for, and caring for instructional materials and other
   85  instructional aids as will result in general improvement of the
   86  district school system, as prescribed in this part, in
   87  accordance with adopted district school board rules prescribing
   88  the duties and responsibilities of the district school
   89  superintendent regarding the requisition, purchase, receipt,
   90  storage, distribution, use, conservation, records, and reports
   91  of, and management practices and property accountability
   92  concerning, instructional materials, and providing for an
   93  evaluation of any instructional materials to be requisitioned
   94  that have not been used previously in the district’s schools.
   95  The district school superintendent shall must keep adequate
   96  records and accounts for all financial transactions for funds
   97  collected pursuant to subsection (4) (3).
   98         Section 2. Subsections (1), (2), and (4) of section
   99  1006.283, Florida Statutes, are amended to read:
  100         1006.283 District school board instructional materials
  101  review process.—
  102         (1) A district school board or consortium of school
  103  districts may implement an instructional materials program that
  104  includes the review, recommendation, adoption, and purchase of
  105  instructional materials pursuant to the requirements of this
  106  section. The district school superintendent shall certify to the
  107  department by March 31 of each year that all instructional
  108  materials for core courses used by the district are aligned with
  109  applicable state standards. A list of the core instructional
  110  materials that will be used or purchased for use by the school
  111  district shall be included in the certification.
  112         (2)(a) If a district school board chooses to implement its
  113  own instructional materials program, the school board shall
  114  adopt rules implementing the district’s instructional materials
  115  program which must include its processes, criteria, and
  116  requirements for the following:
  117         1. Selection of reviewers, at least one-third one or more
  118  of whom must be parents with children in public schools who are
  119  not and have not been employees of the district.
  120         2. Review of instructional materials.
  121         3. Selection of instructional materials, including a
  122  thorough review of curriculum content.
  123         4. Reviewer recommendations.
  124         5. District school board adoption.
  125         6. Purchase of instructional materials.
  126         7. Use of an instructional materials review committee that
  127  is subject to s. 286.011 and that is selected by and reports
  128  directly to the district school board.
  129         (b) District school board rules shall must also:
  130         1. Identify, by subject area, a review cycle for
  131  instructional materials.
  132         2. Specify the qualifications for an instructional
  133  materials reviewer and the process for selecting reviewers; list
  134  a reviewer’s duties and responsibilities, including compliance
  135  with the requirements of s. 1006.31; and provide that all
  136  instructional materials recommended by a reviewer be accompanied
  137  by the reviewer’s statement that the materials align with the
  138  state standards pursuant to s. 1003.41 and the requirements of
  139  s. 1006.31.
  140         3. State the requirements for an affidavit to be made by
  141  each district instructional materials reviewer which
  142  substantially meet the requirements of s. 1006.30.
  143         4. Comply with s. 1006.32, relating to prohibited acts.
  144         5. Establish a process that certifies the accuracy of
  145  instructional materials.
  146         6. Incorporate applicable requirements of s. 1006.31, which
  147  relates to the duties of instructional materials reviewers.
  148         7. Incorporate applicable requirements of s. 1006.38,
  149  relating to the duties, responsibilities, and requirements of
  150  publishers of instructional materials.
  151         8. Establish the process by which instructional materials
  152  are adopted by the district school board, which must include:
  153         a. A process to allow student editions of recommended
  154  instructional materials to be accessed and viewed online by the
  155  public at least 20 calendar days before the school board hearing
  156  and public meeting as specified in this subparagraph. This
  157  process must include reasonable safeguards against the
  158  unauthorized use, reproduction, and distribution of
  159  instructional materials considered for adoption.
  160         b. An open, noticed school board hearing to receive public
  161  comment on the recommended instructional materials.
  162         c. An open, noticed public meeting to approve an annual
  163  instructional materials plan to identify any instructional
  164  materials that will be purchased through the district school
  165  board instructional materials review process pursuant to this
  166  section. The district school board shall hold this public
  167  meeting must be held on a different date than the school board
  168  hearing.
  169         d. Notice requirements for the school board hearing and the
  170  public meeting that must specifically state which instructional
  171  materials are being reviewed and the manner in which the
  172  instructional materials can be accessed for public review.
  173         9. Establish the process by which the district school board
  174  shall receive public comment on, and review, the recommended
  175  instructional materials.
  176         10. Establish the process by which instructional materials
  177  are will be purchased, including advertising, bidding, and
  178  purchasing requirements.
  179         11. Establish the process by which the school district
  180  notifies will notify parents and residents of the county of
  181  their ability to access their children’s instructional materials
  182  through the district’s local instructional improvement system
  183  and by which the school district will encourage parents and
  184  residents of the county to access the system. This notification
  185  must be displayed prominently on the school district’s website
  186  and provided annually in written format to all parents of
  187  enrolled students.
  188         (4) Instructional materials that have been reviewed by the
  189  district instructional materials reviewers and approved shall be
  190  must have been determined to align with all applicable state
  191  standards pursuant to s. 1003.41 and the requirements in s.
  192  1006.31. The district school superintendent shall annually
  193  certify to the department that all instructional materials for
  194  core courses used by the district are aligned with all
  195  applicable state standards and have been reviewed, selected, and
  196  adopted by the district school board in accordance with the
  197  school board hearing and public meeting requirements of this
  198  section.
  199         Section 3. Subsection (2) of section 1006.31, Florida
  200  Statutes, is amended to read:
  201         1006.31 Duties of the Department of Education and school
  202  district instructional materials reviewer.—The duties of the
  203  instructional materials reviewer are:
  205  selection criteria listed in s. 1006.34(2)(b) for instructional
  206  materials reviewers under a state approval process or for
  208  ================= T I T L E  A M E N D M E N T ================
  209  And the title is amended as follows:
  210         Delete lines 410 - 411
  211  and insert:
  212         terms; requiring each district school