Florida Senate - 2017                                    SB 1210
       
       
        
       By Senator Lee
       
       
       
       
       
       20-00767A-17                                          20171210__
    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 parents or other persons who pay ad
    9         valorem property or sales tax in Florida to object to
   10         the use of specific instructional materials based on
   11         specified criteria; requiring the process to include a
   12         right to appeal a school district decision; specifying
   13         the appeal process; deleting a provision relating to
   14         the finality of the school board’s decision under
   15         certain circumstances; revising the standards for
   16         instructional materials to include standards that are
   17         equivalent to or better than applicable state
   18         standards; requiring that district school boards
   19         provide parents and other persons who pay ad valorem
   20         property or sales tax in Florida full access to
   21         certain services under certain circumstances; amending
   22         s. 1006.283, F.S.; revising the requirement that the
   23         district school superintendent certify that all
   24         instructional materials used by the district for core
   25         courses meet certain standards; revising the
   26         requirements for school boards that adopt rules for
   27         the implementation of the district’s instructional
   28         materials program; conforming provisions to changes
   29         made by the act; amending s. 1006.31, F.S.; revising
   30         the standards that an instructional materials reviewer
   31         shall use to include instructional materials standards
   32         that are equivalent to or better than applicable state
   33         standards; amending s. 1006.40, F.S.; revising the use
   34         of a portion of the district school board annual
   35         allocation; revising the portion of the district
   36         school board annual allocation which may be used for
   37         instructional materials; revising the types of
   38         instructional materials for which a district school
   39         board is responsible; revising applicability; amending
   40         ss. 1002.20 and 1006.42, F.S.; conforming cross
   41         references; providing an effective date.
   42          
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Present subsections (1), (2), and (3) of section
   46  1006.28, Florida Statutes, are redesignated as subsections (2),
   47  (3), and (4), respectively, a new subsection (1) is added to
   48  that section, and present subsection (1) and paragraph (a) of
   49  present subsection (2) are amended, to read:
   50         1006.28 Duties of district school board, district school
   51  superintendent; and school principal regarding K-12
   52  instructional materials.—
   53         (1) DEFINITIONS.—As used in this section, the term:
   54         (a) “Adequate instructional materials” means instructional
   55  materials that meet the requirements of this section and have a
   56  sufficient number of student or site licenses or sets of
   57  materials that are available in bound, unbound, kit, or package
   58  form and may consist of hardbacked or softbacked textbooks,
   59  electronic content, consumables, learning laboratories,
   60  manipulatives, electronic media, and computer courseware or
   61  software to serve as the basis for instruction for each student
   62  in the core subject areas of mathematics, language arts, social
   63  studies, science, reading, and literature.
   64         (b) “Instructional materials” means systematically arranged
   65  content in text, digital, braille and large print, or audio
   66  format which may be used within the state curriculum framework
   67  for courses of study by a student in a public school. The term
   68  includes textbooks, workbooks and worksheets, handouts, computer
   69  software, online or Internet courses, CDs or DVDs, and multiple
   70  forms of communication and electronic media. Instructional
   71  materials may be used by a student or teacher as principal
   72  sources of study to cover any portion of the course.
   73  Instructional materials:
   74         1. Must be designated for student use;
   75         2. May contain or be accompanied by teaching guides and
   76  study helps; and
   77         3. Must include all textbooks, workbooks, and student
   78  materials and supplements necessary for a student to fully
   79  participate in coursework.
   80         (2)(1) DISTRICT SCHOOL BOARD.—The district school board has
   81  the constitutional duty and responsibility to select and provide
   82  adequate instructional materials for all students in accordance
   83  with the requirements of this part. The term “adequate
   84  instructional materials” means a sufficient number of student or
   85  site licenses or sets of materials that are available in bound,
   86  unbound, kit, or package form and may consist of hardbacked or
   87  softbacked textbooks, electronic content, consumables, learning
   88  laboratories, manipulatives, electronic media, and computer
   89  courseware or software that serve as the basis for instruction
   90  for each student in the core subject areas of mathematics,
   91  language arts, social studies, science, reading, and literature.
   92  The district school board also has the following specific duties
   93  and responsibilities:
   94         (a) Courses of study; adoption.—Adopt courses of study,
   95  including instructional materials, for use in the schools of the
   96  district.
   97         1. Each district school board is responsible for the
   98  content of all instructional materials used in a classroom,
   99  whether adopted and purchased, leased, licensed, obtained, or
  100  used from the state-adopted instructional materials list or,
  101  adopted and purchased, leased, licensed, obtained, or used
  102  through a district instructional materials program under s.
  103  1006.283, or otherwise purchased or made available in the
  104  classroom. Irrespective of whether or not instructional
  105  materials are purchased, leased, licensed, obtained or used by a
  106  district from the state-adopted instructional materials list or
  107  purchased, leased, licensed, obtained, or used by a district
  108  through a district instructional materials program under s.
  109  1006.283, each district school board shall ensure that all
  110  instructional materials used in the classroom meet the following
  111  criteria:
  112         a. Be research-based, and be proven to be effective in
  113  supporting student learning;
  114         b. Provide a noninflammatory, objective, and balanced
  115  viewpoint on issues;
  116         c. Be appropriate to the students’ ages and varying levels
  117  of learning;
  118         d. Be accurate and factual;
  119         e. Be of acceptable technical quality;
  120         f. Shall strictly adhere to the requirements of s.
  121  1003.42(2); and
  122         g. Not contain pornography or content as is otherwise
  123  prohibited by s. 847.012(3).
  124  
  125  Districts may not determine that instructional materials used in
  126  the classroom meet the above criteria on the basis that such
  127  materials were purchased, leased, licensed, obtained, or used by
  128  a district from the state-adopted instructional materials list
  129  or purchased, leased, licensed, obtained, or used by a district
  130  through a district instructional materials program under s.
  131  1006.283.
  132         2. Each district school board shall must adopt a policy
  133  regarding the right of a parent’s or other person who pays ad
  134  valorem property or sales taxes in Florida to object parent’s
  135  objection to the his or her child’s use of a specific
  136  instructional material based on the criteria specified in
  137  subparagraph 1., which policy must clearly describe describes a
  138  process to handle all objections and provide resolutions, which
  139  shall be applied and enforced on a districtwide basis, that
  140  eliminate the use, in all schools within the district, of
  141  instructional materials that do not meet the criteria specified
  142  in subparagraph 1. The process must also include a right to
  143  timely appeal any district decision to the district school board
  144  provides for resolution.
  145         3. Each district school board shall must establish a
  146  process by which the parent of a public school student or any
  147  other person who pays ad valorem property or sales tax in
  148  Florida may contest the district school board’s adoption of a
  149  specific instructional material directly to the school board
  150  based on the instructional materials requirements under this
  151  section and the requirements of a district instructional
  152  materials program under s. 1006.283 or the requirements of
  153  instructional materials purchased, leased, licensed, obtained,
  154  or used from the list of state-adopted materials, as applicable.
  155  The parent or any other person who pays ad valorem property or
  156  sales tax in Florida shall must file a petition, on a form
  157  provided by the school board, within 30 calendar days after the
  158  adoption of the material by the school board. The school board
  159  shall must make the form available to the public and publish the
  160  form on the school district’s website. The form shall must be
  161  signed by the parent or such other person who pays ad valorem
  162  property or sales tax in Florida, include the required contact
  163  information, and state the objection to the instructional
  164  material. Within 30 days after the 30-day period has expired,
  165  the school board shall must conduct at least one open public
  166  hearing on all petitions timely received and provide the
  167  petitioner written notification of the date and time of the
  168  hearing at least 7 days before the hearing. The school board
  169  shall make all contested instructional materials contested must
  170  be made accessible online to the public at least 7 days before a
  171  public hearing. The school board’s decision after convening a
  172  hearing is final and not subject to further petition or review.
  173         (b) Instructional materials.—Provide for proper
  174  requisitioning, distribution, accounting, storage, care, and use
  175  of all instructional materials and furnish such other
  176  instructional materials as may be needed. Instructional
  177  materials used must be consistent with the district goals and
  178  objectives and the course descriptions established in rule of
  179  the State Board of Education, as well as with the applicable
  180  Next Generation Sunshine State Standards provided for in s.
  181  1003.41, with standards that are equivalent to or better than
  182  the applicable state standards, or with courses offered in the
  183  district pursuant to s. 1003.4282(1).
  184         (c) Other instructional materials.—Provide such other
  185  teaching accessories and aids as are needed for the school
  186  district’s educational program.
  187         (d) School library media services; establishment and
  188  maintenance.—Establish and maintain a program of school library
  189  media services for all public schools in the district, including
  190  school library media centers, or school library media centers
  191  open to the public, and, in addition such traveling or
  192  circulating libraries as may be needed for the proper operation
  193  of the district school system. Subject to district policies
  194  pertaining to campus access and security, parents and any other
  195  person who pays ad valorem property or sales tax in Florida
  196  shall be given full access to inspect all school library media
  197  services and materials.
  198         (3)(2) DISTRICT SCHOOL SUPERINTENDENT.—
  199         (a) The district school superintendent has the duty to
  200  recommend such plans for improving, providing, distributing,
  201  accounting for, and caring for instructional materials and other
  202  instructional aids as will result in general improvement of the
  203  district school system, as prescribed in this part, in
  204  accordance with adopted district school board rules prescribing
  205  the duties and responsibilities of the district school
  206  superintendent regarding the requisition, purchase, lease,
  207  license, receipt, storage, distribution, use, conservation,
  208  records, and reports of, and management practices and property
  209  accountability concerning, instructional materials, and
  210  providing for an evaluation of any instructional materials to be
  211  requisitioned that have not been used previously in the
  212  district’s schools. The district school superintendent shall
  213  must keep adequate records and accounts for all financial
  214  transactions for funds collected pursuant to subsection (4) (3).
  215         Section 2. Subsections (1), (2), and (4) of section
  216  1006.283, Florida Statutes, are amended to read:
  217         1006.283 District school board instructional materials
  218  review process.—
  219         (1) A district school board or consortium of school
  220  districts may implement an instructional materials program that
  221  includes the review, recommendation, adoption, use, lease,
  222  license, obtaining and purchase, or other use of instructional
  223  materials pursuant to the requirements of this section. The
  224  district school superintendent shall certify to the department
  225  by March 31 of each year that all instructional materials for
  226  core courses used by the district are aligned with applicable
  227  state standards, aligned with standards that are equivalent to
  228  or better than the applicable state standards, or aligned with
  229  courses offered in the district pursuant to s. 1003.4282(1). A
  230  list of the core instructional materials that will be used,
  231  leased, licensed, obtained, or purchased for use by the school
  232  district shall be included in the certification.
  233         (2)(a) If a district school board chooses to implement its
  234  own instructional materials program, the school board shall
  235  adopt rules implementing the district’s instructional materials
  236  program which must include its processes, criteria, and
  237  requirements for the following:
  238         1. Selection of reviewers, at least one-third one or more
  239  of whom must be parents with children in public schools which
  240  are not and have not been employees of the district.
  241         2. Review of instructional materials.
  242         3. Selection of instructional materials, including a
  243  thorough review of curriculum content.
  244         4. Reviewer recommendations.
  245         5. District school board adoption.
  246         6. Purchase, lease, license, or other use of instructional
  247  materials.
  248         7. Use of an instructional materials review committee that
  249  is subject to s. 286.011 and that is selected by and reports
  250  directly to the district school board.
  251         (b) District school board rules shall must also:
  252         1. Identify, by subject area, a review cycle for
  253  instructional materials.
  254         2. Specify the qualifications for an instructional
  255  materials reviewer and the process for selecting reviewers; list
  256  a reviewer’s duties and responsibilities, including compliance
  257  with the requirements of s. 1006.31; and provide that all
  258  instructional materials recommended by a reviewer be accompanied
  259  by the reviewer’s statement that the materials align with the
  260  state standards pursuant to s. 1003.41, align with standards
  261  that are equivalent to or better than the applicable state
  262  standards, or otherwise align with courses offered in the
  263  district pursuant to s. 1003.4282(1) and the requirements of s.
  264  1006.31.
  265         3. State the requirements for an affidavit to be made by
  266  each district instructional materials reviewer which
  267  substantially meet the requirements of s. 1006.30.
  268         4. Comply with s. 1006.32, relating to prohibited acts.
  269         5. Establish a process that certifies the accuracy of
  270  instructional materials.
  271         6. Incorporate applicable requirements of s. 1006.31, which
  272  relates to the duties of instructional materials reviewers.
  273         7. Incorporate applicable requirements of s. 1006.38,
  274  relating to the duties, responsibilities, and requirements of
  275  publishers of instructional materials.
  276         8. Establish the process by which instructional materials
  277  are adopted by the district school board, which must include:
  278         a. A process to allow student and teacher editions of
  279  recommended instructional materials to be accessed and viewed
  280  online by the public at least 20 calendar days before the school
  281  board hearing and public meeting as specified in this
  282  subparagraph. This process must include reasonable safeguards
  283  against the unauthorized use, reproduction, and distribution of
  284  instructional materials considered for adoption.
  285         b. An open, noticed school board hearing to receive public
  286  comment on the recommended instructional materials.
  287         c. An open, noticed public meeting to approve an annual
  288  instructional materials plan to identify any instructional
  289  materials that will be purchased, leased, licensed, obtained or
  290  used through the district school board instructional materials
  291  review process pursuant to this section. The district school
  292  board shall hold this public meeting must be held on a different
  293  date than the school board hearing.
  294         d. Notice requirements for the school board hearing and the
  295  public meeting that shall must specifically state which
  296  instructional materials are being reviewed and the manner in
  297  which the instructional materials can be accessed for public
  298  review.
  299         9. Establish the process by which the district school board
  300  shall receive public comment on, and review, the recommended
  301  instructional materials.
  302         10. Establish the process by which instructional materials
  303  are will be purchased, leased, licensed, obtained, or used
  304  including advertising, bidding, and purchasing requirements.
  305         11. Establish the process by which the school district
  306  notifies will notify parents and any other person who pays ad
  307  valorem property or sales tax in Florida of their ability to
  308  access their children’s instructional materials through the
  309  district’s local instructional improvement system and by which
  310  the school district will encourage parents and any other person
  311  who pays ad valorem property or sales tax in Florida to access
  312  the system. This notification shall must be displayed
  313  prominently on the school district’s website and provided
  314  annually in written format to all parents of enrolled students.
  315         (4) Instructional materials that have been reviewed by the
  316  district instructional materials reviewers and approved shall be
  317  must have been determined to align with all applicable state
  318  standards pursuant to s. 1003.41, align with standards that are
  319  equivalent to or better than the applicable state standards, or
  320  otherwise align with courses offered in the district pursuant to
  321  s. 1003.4282(1) and the requirements in s. 1006.31. The district
  322  school superintendent shall annually certify to the department
  323  that all instructional materials for core courses used by the
  324  district are aligned with all applicable state standards, are
  325  aligned with standards that are equivalent to or better than the
  326  applicable state standards, or are aligned with courses offered
  327  in the district pursuant to s. 1003.4282(1) and have been
  328  reviewed, selected, and adopted by the district school board in
  329  accordance with the school board hearing and public meeting
  330  requirements of this section.
  331         Section 3. Subsection (2) of section 1006.31, Florida
  332  Statutes, is amended to read:
  333         1006.31 Duties of the Department of Education and school
  334  district instructional materials reviewer.—The duties of the
  335  instructional materials reviewer are:
  336         (2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To use the
  337  selection criteria listed in s. 1006.34(2)(b) for instructional
  338  materials reviewers under a state approval process or to use the
  339  selection criteria listed in s. 1006.28(2)(a)1. for
  340  instructional materials reviewers under a district approval
  341  process under s. 1006.283 and recommend for adoption only those
  342  instructional materials that are aligned with the Next
  343  Generation Sunshine State Standards provided for in s. 1003.41,
  344  that are aligned with standards that are equivalent to or better
  345  than applicable state standards, or that are aligned with
  346  courses offered in the district pursuant to s. 1003.4282(1).
  347  Instructional materials recommended by each reviewer shall be,
  348  to the satisfaction of each reviewer, accurate, objective,
  349  balanced, noninflammatory, current, and suited to student needs
  350  and their ability to comprehend the material presented.
  351  Reviewers shall consider for recommendation materials developed
  352  for academically talented students, such as students enrolled in
  353  advanced placement courses. When recommending instructional
  354  materials, each reviewer shall:
  355         (a) Include only instructional materials that accurately
  356  portray the ethnic, socioeconomic, cultural, religious,
  357  physical, and racial diversity of our society, including men and
  358  women in professional, career, and executive roles, and the role
  359  and contributions of the entrepreneur and labor in the total
  360  development of this state and the United States.
  361         (b) Include only materials that accurately portray,
  362  whenever appropriate, humankind’s place in ecological systems,
  363  including the necessity for the protection of our environment
  364  and conservation of our natural resources and the effects on the
  365  human system of the use of tobacco, alcohol, controlled
  366  substances, and other dangerous substances.
  367         (c) Include materials that encourage thrift, fire
  368  prevention, and humane treatment of people and animals.
  369         (d) Require, when appropriate to the comprehension of
  370  students, that materials for social science, history, or civics
  371  classes contain the Declaration of Independence and the
  372  Constitution of the United States. A reviewer may not recommend
  373  any instructional materials that contain any matter reflecting
  374  unfairly upon persons because of their race, color, creed,
  375  national origin, ancestry, gender, religion, disability,
  376  socioeconomic status, or occupation.
  377         Section 4. Subsections (3), (5), and (8) of section
  378  1006.40, Florida Statutes, are amended to read:
  379         1006.40 Use of instructional materials allocation;
  380  instructional materials, library books, and reference books;
  381  repair of books.—
  382         (3)(a) Beginning with the 2017-2018 2015-2016 fiscal year
  383  and except as otherwise authorized in paragraphs (b) and (c),
  384  each district school board shall use at least 50 percent of the
  385  annual allocation for the purchase, lease, license, obtaining,
  386  or use of digital or electronic instructional materials that
  387  meet the requirements of s. 1006.31, and that are consistent
  388  with district goals and objectives and the course descriptions
  389  adopted in rule by the State Board of Education, align with
  390  state standards provided in s. 1003.41, align with standards
  391  that are equivalent to or better than applicable state
  392  standards, or align with courses offered in the district
  393  pursuant to s. 1003.4282(1) included on the state-adopted list,
  394  except as otherwise authorized in paragraphs (b) and (c).
  395         (b) All Up to 50 percent of the annual allocation may be
  396  used for the purchase, lease, license, obtaining, or use of
  397  instructional materials, including library and reference books
  398  and nonprint materials, not included on the state-adopted list
  399  and for the repair and renovation of textbooks and library books
  400  if a district school board implements an instructional materials
  401  program pursuant to s. 1006.283.
  402         (c) If a district school board does not implement an
  403  instructional materials program pursuant to s. 1006.283, it
  404  boards may use 100 percent of that portion of the annual
  405  allocation designated for the purchase, lease, license,
  406  obtaining, or use of instructional materials for kindergarten,
  407  and 75 percent of that portion of the annual allocation
  408  designated for the purchase, lease, license, obtaining, or use
  409  of instructional materials for first grade, to purchase, lease,
  410  license, obtain, or use materials not on the state-adopted list.
  411         (5) Each district school board is responsible for the
  412  content of all instructional materials used in a classroom,
  413  whether purchased, leased, licensed, obtained, or used from the
  414  state-adopted instructional materials list or through a district
  415  instructional materials program under s. 1006.283 an adoption
  416  process or otherwise purchased or made available in the
  417  classroom. Each district school board shall adopt rules, and
  418  each district school superintendent shall implement procedures,
  419  which that:
  420         (a) Maximize student use of the district-approved
  421  instructional materials, whether purchased, leased, licensed,
  422  obtained, or used from the state-adopted instructional materials
  423  list or purchased, leased, licensed, obtained, or used through a
  424  district instructional materials program under s. 1006.283.
  425         (b) If purchased, leased, licensed, obtained, or used from
  426  the state-adopted instructional materials list, provide a
  427  process for public review of, public comment on, and the
  428  adoption of instructional materials which that satisfies the
  429  requirements of s. 1006.283(2)(b)8., 9., and 11.; or, if
  430  purchased, leased, licensed, obtained, or used through a
  431  district instructional materials program, implement a program
  432  that fully complies with s. 1006.283.
  433         (8) Subsections (3), (4), and (6) do not apply to a
  434  district school board or a consortium of school districts which
  435  that implements an instructional materials program pursuant to
  436  s. 1006.283 except that, by the 2015-2016 fiscal year, each
  437  district school board shall use at least 50 percent of the
  438  annual instructional materials allocation for the purchase,
  439  lease, license, obtaining, or use of digital or electronic
  440  instructional materials that are aligned align with state
  441  standards adopted by the State Board of Education pursuant to s.
  442  1003.41, aligned with standards that are equivalent to or better
  443  than applicable state standards, or aligned with courses offered
  444  in the district pursuant to s. 1003.4282(1).
  445         Section 5. Paragraphs (b) and (c) of subsection (19) of
  446  section 1002.20, Florida Statutes, are amended to read:
  447         1002.20 K-12 student and parent rights.—Parents of public
  448  school students must receive accurate and timely information
  449  regarding their child’s academic progress and shall must be
  450  informed of ways they can help their child to succeed in school.
  451  K-12 students and their parents are afforded numerous statutory
  452  rights including, but not limited to, the following:
  453         (19) INSTRUCTIONAL MATERIALS.—
  454         (b) Curricular objectives.—The parent of each public school
  455  student has the right to receive effective communication from
  456  the school principal as to the manner in which instructional
  457  materials are used to implement the school’s curricular
  458  objectives, in accordance with s. 1006.28(4)(a) the provisions
  459  of s. 1006.28(3)(a).
  460         (c) Sale of instructional materials.—Upon request of the
  461  parent of a public school student, the school principal shall
  462  must sell to the parent any instructional materials used in the
  463  school, in accordance with s. 1006.28(4)(c) the provisions of s.
  464  1006.28(3)(c).
  465         Section 6. Section 1006.42, Florida Statutes, is amended to
  466  read:
  467         1006.42 Responsibility of students and parents for
  468  instructional materials.—All instructional materials purchased,
  469  leased, licensed, obtained, or used under the provisions of this
  470  part are the property of the district school board. When
  471  distributed to the students, these instructional materials are
  472  on loan to the students while they are pursuing their courses of
  473  study and are to be returned at the direction of the school
  474  principal or the teacher in charge. Each parent of a student to
  475  whom or for whom instructional materials have been issued, is
  476  liable for any loss or destruction of, or unnecessary damage to,
  477  the instructional materials or for failure of the student to
  478  return the instructional materials when directed by the school
  479  principal or the teacher in charge, and shall pay for such loss,
  480  destruction, or unnecessary damage as provided under s.
  481  1006.28(4) s. 1006.28(3).
  482         Section 7. This act shall take effect upon becoming a law.