Florida Senate - 2017                      CS for CS for SB 1210
       By the Committees on Appropriations; and Education; and Senators
       Lee, Mayfield, Steube, Hutson, Artiles, Bean, and Passidomo
       576-04166-17                                          20171210c2
    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”; defining
    5         terms; requiring each district school board to adopt a
    6         process allowing parents or residents of the county to
    7         object to the use of specific instructional materials
    8         based on specified criteria; requiring the process to
    9         include a right to appeal a school district decision;
   10         specifying the appeal process; deleting a provision
   11         relating to the finality of the school board’s
   12         decision under certain circumstances; requiring that
   13         district school boards provide parents and residents
   14         of the county access to certain materials under
   15         certain circumstances; amending s. 1006.283, F.S.;
   16         revising the requirements for school boards that adopt
   17         rules for the implementation of the district’s
   18         instructional materials program; conforming provisions
   19         to changes made by the act; amending s. 1006.31, F.S.;
   20         revising the standards that an instructional materials
   21         reviewer shall use; amending s. 1006.40, F.S.;
   22         revising requirements for use of the instructional
   23         materials allocation; revising the types of
   24         instructional materials for which a district school
   25         board is responsible; revising applicability; amending
   26         ss. 1002.20 and 1006.42, F.S.; conforming cross
   27         references; providing an effective date.
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Present subsections (1), (2), and (3) of section
   32  1006.28, Florida Statutes, are redesignated as subsections (2),
   33  (3), and (4), respectively, a new subsection (1) is added to
   34  that section, and present subsection (1) and paragraph (a) of
   35  present subsection (2), are amended, to read:
   36         1006.28 Duties of district school board, district school
   37  superintendent; and school principal regarding K-12
   38  instructional materials.—
   39         (1) DEFINITIONS.—As used in this section, the term:
   40         (a) “Adequate instructional materials” means instructional
   41  materials that meet the requirements of this section and have a
   42  sufficient number of student or site licenses or sets of
   43  materials that are available in bound, unbound, kit, or package
   44  form and may consist of hardbacked or softbacked textbooks,
   45  electronic content, consumables, learning laboratories,
   46  manipulatives, electronic media, and computer courseware or
   47  software to serve as the basis for instruction for each student
   48  in the core subject areas of mathematics, language arts, social
   49  studies, science, reading, and literature.
   50         (b) “Instructional materials” has the same meaning as in s.
   51  1006.29(2).
   52         (c) “Legal resident” or “resident” means a person who has
   53  maintained his or her residence in this state for the preceding
   54  year, has purchased a home that is occupied by him or her as his
   55  or her residence, or has established a domicile in this state
   56  pursuant to s. 222.17.
   57         (2)(1) DISTRICT SCHOOL BOARD.—The district school board has
   58  the constitutional duty and responsibility to select and provide
   59  adequate instructional materials for all students in accordance
   60  with the requirements of this part. The term “adequate
   61  instructional materials” means a sufficient number of student or
   62  site licenses or sets of materials that are available in bound,
   63  unbound, kit, or package form and may consist of hardbacked or
   64  softbacked textbooks, electronic content, consumables, learning
   65  laboratories, manipulatives, electronic media, and computer
   66  courseware or software that serve as the basis for instruction
   67  for each student in the core subject areas of mathematics,
   68  language arts, social studies, science, reading, and literature.
   69  The district school board also has the following specific duties
   70  and responsibilities:
   71         (a) Courses of study; adoption.—Adopt courses of study,
   72  including instructional materials, for use in the schools of the
   73  district.
   74         1. Each district school board is responsible for the
   75  content of all instructional materials used in a classroom,
   76  whether adopted and purchased from the state-adopted
   77  instructional materials list or, adopted and purchased through a
   78  district instructional materials program under s. 1006.283, or
   79  otherwise purchased or made available in the classroom.
   80         2. Each district school board shall must adopt a policy
   81  regarding an objection by a parent or a resident of the county a
   82  parent’s objection to the his or her child’s use of a specific
   83  instructional material, which clearly describes a process to
   84  handle all objections and provides for resolution. The process
   85  must provide the parent or resident the opportunity to offer
   86  evidence to the district school board that:
   87         a. An instructional material does not meet the criteria of
   88  s. 1006.31(2) if it was selected for use in a course or
   89  otherwise made available to students in the school district but
   90  was not subject to the public notice, review, comment, and
   91  hearing procedures under s. 1006.283(2)(b)8., 9., and 11.
   92         b. Any material used in a classroom, made available in a
   93  school library, or included on a reading list contains content
   94  that is pornographic or prohibited under s. 847.012, is not
   95  suited to student needs and their ability to comprehend the
   96  material presented, or is inappropriate for the grade level and
   97  age group for which the material is used.
   99  If the district school board finds that an instructional
  100  material does not meet the criteria under sub-subparagraph a. or
  101  that any other material contains prohibited content under sub
  102  subparagraph b., the school district shall discontinue use of
  103  the material for any grade level or age group for which such use
  104  is inappropriate or unsuitable. The process must also include a
  105  right to timely appeal any district decision to the district
  106  school board.
  107         3. Each district school board shall must establish a
  108  process by which the parent of a public school student or a
  109  resident of the county may contest the district school board’s
  110  adoption of a specific instructional material. The parent or
  111  resident must file a petition, on a form provided by the school
  112  board, within 30 calendar days after the adoption of the
  113  material by the school board. The school board must make the
  114  form available to the public and publish the form on the school
  115  district’s website. The form must be signed by the parent or
  116  resident, include the required contact information, and state
  117  the objection to the instructional material, based on the
  118  criteria of s. 1006.31(2). Within 30 days after the 30-day
  119  period has expired, the school board must, for all petitions
  120  timely received, conduct at least one open public hearing on all
  121  petitions timely received, providing at a minimum the procedural
  122  safeguards of ss. 120.569 and 120.57 making appropriate
  123  provision for appointment of unbiased and qualified hearing
  124  officers. A hearing officer may not be an employee, agent, or
  125  contractor of the school district and provide the petitioner
  126  written notification of the date and time of the hearing at
  127  least 7 days before the hearing. all instructional materials
  128  contested must be made accessible online to the public at least
  129  7 days before a public hearing.
  131  The school board’s decision after convening a hearing is final
  132  and not subject to further petition or review.
  133         (b) Instructional materials.—Provide for proper
  134  requisitioning, distribution, accounting, storage, care, and use
  135  of all instructional materials and furnish such other
  136  instructional materials as may be needed. Instructional
  137  materials used must be consistent with the district goals and
  138  objectives and the course descriptions established in rule of
  139  the State Board of Education, as well as with the applicable
  140  Next Generation Sunshine State Standards provided for in s.
  141  1003.41.
  142         (c) Other instructional materials.—Provide such other
  143  teaching accessories and aids as are needed for the school
  144  district’s educational program.
  145         (d) School library media services; establishment and
  146  maintenance.—Establish and maintain a program of school library
  147  media services for all public schools in the district, including
  148  school library media centers, or school library media centers
  149  open to the public, and, in addition such traveling or
  150  circulating libraries as may be needed for the proper operation
  151  of the district school system. Within 30 days after receiving a
  152  written request, a school district shall provide access to any
  153  instructional material or book specified in the request which is
  154  maintained in a district school system library and is available
  155  for review.
  157         (a) The district school superintendent has the duty to
  158  recommend such plans for improving, providing, distributing,
  159  accounting for, and caring for instructional materials and other
  160  instructional aids as will result in general improvement of the
  161  district school system, as prescribed in this part, in
  162  accordance with adopted district school board rules prescribing
  163  the duties and responsibilities of the district school
  164  superintendent regarding the requisition, purchase, receipt,
  165  storage, distribution, use, conservation, records, and reports
  166  of, and management practices and property accountability
  167  concerning, instructional materials, and providing for an
  168  evaluation of any instructional materials to be requisitioned
  169  that have not been used previously in the district’s schools.
  170  The district school superintendent shall must keep adequate
  171  records and accounts for all financial transactions for funds
  172  collected pursuant to subsection (4) (3).
  173         Section 2. Subsections (1), (2), and (4) of section
  174  1006.283, Florida Statutes, are amended to read:
  175         1006.283 District school board instructional materials
  176  review process.—
  177         (1) A district school board or consortium of school
  178  districts may implement an instructional materials program that
  179  includes the review, recommendation, adoption, and purchase of
  180  instructional materials pursuant to the requirements of this
  181  section. The district school superintendent shall certify to the
  182  department by March 31 of each year that all instructional
  183  materials for core courses used by the district are aligned with
  184  applicable state standards. A list of the core instructional
  185  materials that will be used or purchased for use by the school
  186  district shall be included in the certification.
  187         (2)(a) If a district school board chooses to implement its
  188  own instructional materials program, the school board shall
  189  adopt rules implementing the district’s instructional materials
  190  program which must include its processes, criteria, and
  191  requirements for the following:
  192         1. Selection of reviewers, at least one-third one or more
  193  of whom must be parents with children in public schools who are
  194  not and have not been employees of the district.
  195         2. Review of instructional materials.
  196         3. Selection of instructional materials, including a
  197  thorough review of curriculum content.
  198         4. Reviewer recommendations.
  199         5. District school board adoption.
  200         6. Purchase of instructional materials.
  201         7. Use of an instructional materials review committee that
  202  is subject to s. 286.011 and that is selected by and reports
  203  directly to the district school board.
  204         (b) District school board rules shall must also:
  205         1. Identify, by subject area, a review cycle for
  206  instructional materials.
  207         2. Specify the qualifications for an instructional
  208  materials reviewer and the process for selecting reviewers; list
  209  a reviewer’s duties and responsibilities, including compliance
  210  with the requirements of s. 1006.31; and provide that all
  211  instructional materials recommended by a reviewer be accompanied
  212  by the reviewer’s statement that the materials align with the
  213  state standards pursuant to s. 1003.41 and the requirements of
  214  s. 1006.31.
  215         3. State the requirements for an affidavit to be made by
  216  each district instructional materials reviewer which
  217  substantially meet the requirements of s. 1006.30.
  218         4. Comply with s. 1006.32, relating to prohibited acts.
  219         5. Establish a process that certifies the accuracy of
  220  instructional materials.
  221         6. Incorporate applicable requirements of s. 1006.31, which
  222  relates to the duties of instructional materials reviewers.
  223         7. Incorporate applicable requirements of s. 1006.38,
  224  relating to the duties, responsibilities, and requirements of
  225  publishers of instructional materials.
  226         8. Establish the process by which instructional materials
  227  are adopted by the district school board, which must include:
  228         a. A process to allow student editions of recommended
  229  instructional materials to be accessed and viewed online by the
  230  public at least 20 calendar days before the school board hearing
  231  and public meeting as specified in this subparagraph. This
  232  process must include reasonable safeguards against the
  233  unauthorized use, reproduction, and distribution of
  234  instructional materials considered for adoption.
  235         b. An open, noticed school board hearing to receive public
  236  comment on the recommended instructional materials.
  237         c. An open, noticed public meeting to approve an annual
  238  instructional materials plan to identify any instructional
  239  materials that will be purchased through the district school
  240  board instructional materials review process pursuant to this
  241  section. The district school board shall hold this public
  242  meeting must be held on a different date than the school board
  243  hearing.
  244         d. Notice requirements for the school board hearing and the
  245  public meeting that must specifically state which instructional
  246  materials are being reviewed and the manner in which the
  247  instructional materials can be accessed for public review.
  248         9. Establish the process by which the district school board
  249  shall receive public comment on, and review, the recommended
  250  instructional materials.
  251         10. Establish the process by which instructional materials
  252  are will be purchased, including advertising, bidding, and
  253  purchasing requirements.
  254         11. Establish the process by which the school district
  255  notifies will notify parents and residents of the county of
  256  their ability to access their children’s instructional materials
  257  through the district’s local instructional improvement system
  258  and by which the school district will encourage parents and
  259  residents of the county to access the system. This notification
  260  must be displayed prominently on the school district’s website
  261  and provided annually in written format to all parents of
  262  enrolled students.
  263         (4) Instructional materials that have been reviewed by the
  264  district instructional materials reviewers and approved shall be
  265  must have been determined to align with all applicable state
  266  standards pursuant to s. 1003.41 and the requirements in s.
  267  1006.31. The district school superintendent shall annually
  268  certify to the department that all instructional materials for
  269  core courses used by the district are aligned with all
  270  applicable state standards and have been reviewed, selected, and
  271  adopted by the district school board in accordance with the
  272  school board hearing and public meeting requirements of this
  273  section.
  274         Section 3. Subsection (2) of section 1006.31, Florida
  275  Statutes, is amended to read:
  276         1006.31 Duties of the Department of Education and school
  277  district instructional materials reviewer.—The duties of the
  278  instructional materials reviewer are:
  280  selection criteria listed in s. 1006.34(2)(b) for instructional
  281  materials reviewers under a state approval process or for
  282  instructional materials reviewers under a district approval
  283  process under s. 1006.283 and recommend for adoption only those
  284  instructional materials that are aligned with the Next
  285  Generation Sunshine State Standards provided for in s. 1003.41.
  286  Instructional materials recommended by each reviewer shall be,
  287  to the satisfaction of each reviewer, accurate, objective,
  288  balanced, noninflammatory, current, and suited to student needs
  289  and their ability to comprehend the material presented.
  290  Reviewers shall consider for recommendation materials developed
  291  for academically talented students, such as students enrolled in
  292  advanced placement courses. When recommending instructional
  293  materials, each reviewer shall:
  294         (a) Include only instructional materials that accurately
  295  portray the ethnic, socioeconomic, cultural, religious,
  296  physical, and racial diversity of our society, including men and
  297  women in professional, career, and executive roles, and the role
  298  and contributions of the entrepreneur and labor in the total
  299  development of this state and the United States.
  300         (b) Include only materials that accurately portray,
  301  whenever appropriate, humankind’s place in ecological systems,
  302  including the necessity for the protection of our environment
  303  and conservation of our natural resources and the effects on the
  304  human system of the use of tobacco, alcohol, controlled
  305  substances, and other dangerous substances.
  306         (c) Include materials that encourage thrift, fire
  307  prevention, and humane treatment of people and animals.
  308         (d) Require, when appropriate to the comprehension of
  309  students, that materials for social science, history, or civics
  310  classes contain the Declaration of Independence and the
  311  Constitution of the United States. A reviewer may not recommend
  312  any instructional materials that contain any matter reflecting
  313  unfairly upon persons because of their race, color, creed,
  314  national origin, ancestry, gender, religion, disability,
  315  socioeconomic status, or occupation.
  316         Section 4. Subsections (3), (5), and (8) of section
  317  1006.40, Florida Statutes, are amended to read:
  318         1006.40 Use of instructional materials allocation;
  319  instructional materials, library books, and reference books;
  320  repair of books.—
  321         (3)(a) Except for a school district or a consortium of
  322  school districts that implements an instructional materials
  323  program pursuant to s. 1006.283 Beginning with the 2015-2016
  324  fiscal year, each district school board shall use at least 50
  325  percent of the annual allocation for the purchase of digital or
  326  electronic instructional materials that align with state
  327  standards and that are included on the state-adopted list,
  328  except as otherwise authorized in paragraphs (b) and (c).
  329         (b) Up to 50 percent of the annual allocation may be used
  330  for:
  331         1. The purchase of instructional materials, including
  332  library and reference books and nonprint materials;, not
  333  included on the state-adopted list and for the repair and
  334  renovation of textbooks and library books.
  335         2. The purchase of materials that are not provided under
  336  subparagraph 1. and that have intellectual content that assist
  337  in the instruction of a subject or course. These materials may
  338  be available in bound, unbound, kit, or package form and may
  339  consist of hardbacked or softbacked textbooks, novels,
  340  electronic content, consumables, learning laboratories,
  341  manipulatives, electronic media, computer courseware or
  342  software, and other commonly accepted instructional tools as
  343  prescribed by district school board rule; and
  344         3. The repair and renovation of textbooks and library books
  345  and replacements for items that were part of previously
  346  purchased instructional materials.
  347         (c) District school boards may use 100 percent of that
  348  portion of the annual allocation designated for the purchase of
  349  instructional materials for kindergarten, and 75 percent of that
  350  portion of the annual allocation designated for the purchase of
  351  instructional materials for first grade, to purchase materials
  352  not on the state-adopted list.
  353         (5) Each district school board is responsible for the
  354  content of all instructional materials used in a classroom,
  355  whether purchased from the state-adopted instructional materials
  356  list or through a district instructional materials program under
  357  s. 1006.283 an adoption process or otherwise purchased or made
  358  available in the classroom. Each district school board shall
  359  adopt rules, and each district school superintendent shall
  360  implement procedures, which that:
  361         (a) Maximize student use of the district-approved
  362  instructional materials, whether purchased from the state
  363  adopted instructional materials list or purchased through a
  364  district instructional materials program under s. 1006.283.
  365         (b) If the instructional materials are purchased from the
  366  state-adopted instructional materials list, provide a process
  367  for public review of, public comment on, and the adoption of
  368  instructional materials which that satisfies the requirements of
  369  s. 1006.283(2)(b)8., 9., and 11.; or, if purchased through a
  370  district instructional materials program, implement a program
  371  that fully complies with s. 1006.283.
  372         (8) Subsections (3), (4), and (6) do not apply to a
  373  district school board or a consortium of school districts which
  374  that implements an instructional materials program pursuant to
  375  s. 1006.283 except that, by the 2015-2016 fiscal year, each
  376  district school board shall use at least 50 percent of the
  377  annual instructional materials allocation for the purchase of
  378  digital or electronic instructional materials that are aligned
  379  align with state standards adopted by the State Board of
  380  Education pursuant to s. 1003.41.
  381         Section 5. Paragraphs (b) and (c) of subsection (19) of
  382  section 1002.20, Florida Statutes, are amended to read:
  383         1002.20 K-12 student and parent rights.—Parents of public
  384  school students must receive accurate and timely information
  385  regarding their child’s academic progress and must be informed
  386  of ways they can help their child to succeed in school. K-12
  387  students and their parents are afforded numerous statutory
  388  rights including, but not limited to, the following:
  389         (19) INSTRUCTIONAL MATERIALS.—
  390         (b) Curricular objectives.—The parent of each public school
  391  student has the right to receive effective communication from
  392  the school principal as to the manner in which instructional
  393  materials are used to implement the school’s curricular
  394  objectives, in accordance with s. 1006.28(4)(a) the provisions
  395  of s. 1006.28(3)(a).
  396         (c) Sale of instructional materials.—Upon request of the
  397  parent of a public school student, the school principal shall
  398  must sell to the parent any instructional materials used in the
  399  school, in accordance with s. 1006.28(4)(c) the provisions of s.
  400  1006.28(3)(c).
  401         Section 6. Section 1006.42, Florida Statutes, is amended to
  402  read:
  403         1006.42 Responsibility of students and parents for
  404  instructional materials.—All instructional materials purchased
  405  under the provisions of this part are the property of the
  406  district school board. When distributed to the students, these
  407  instructional materials are on loan to the students while they
  408  are pursuing their courses of study and are to be returned at
  409  the direction of the school principal or the teacher in charge.
  410  Each parent of a student to whom or for whom instructional
  411  materials have been issued, is liable for any loss or
  412  destruction of, or unnecessary damage to, the instructional
  413  materials or for failure of the student to return the
  414  instructional materials when directed by the school principal or
  415  the teacher in charge, and shall pay for such loss, destruction,
  416  or unnecessary damage as provided under s. 1006.28(4) s.
  417  1006.28(3).
  418         Section 7. This act shall take effect upon becoming a law.