Florida Senate - 2018 CS for SB 1644 By the Committee on Education; and Senators Lee, Baxley, Steube, and Mayfield 581-03117-18 20181644c1 1 A bill to be entitled 2 An act relating to instructional materials; amending 3 s. 1006.283, F.S.; requiring district school board 4 rules to include a longer public review period for 5 student editions of recommended instructional 6 materials; requiring district school boards to 7 establish by rule a process by which certain persons 8 may recommend instructional materials for 9 consideration by district instructional materials 10 reviewers; requiring a district school board to 11 provide notification to certain publishers; amending 12 s. 1006.31, F.S.; requiring public access to and an 13 opportunity to comment on instructional materials 14 recommended for adoption; requiring certain comments 15 to be provided to the Commissioner of Education; 16 requiring specified virtual presentations to be posted 17 on the Department of Education’s website; authorizing 18 members of the public to recommend instructional 19 materials for consideration; requiring the Department 20 of Education to provide notification to certain 21 publishers; conforming a cross-reference; amending s. 22 1006.34, F.S.; exempting certain instructional 23 materials from certain public review procedures under 24 certain circumstances; authorizing district school 25 board members to initiate certain public review 26 procedures before instructional materials are adopted 27 under certain conditions; amending s. 1006.40, F.S.; 28 conforming a provision to changes made by the act; 29 providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Paragraph (b) of subsection (2) of section 34 1006.283, Florida Statutes, is amended to read: 35 1006.283 District school board instructional materials 36 review process.— 37 (2) 38 (b) District school board rules must also: 39 1. Identify, by subject area, a review cycle for 40 instructional materials. 41 2. Specify the qualifications for an instructional 42 materials reviewer and the process for selecting reviewers; list 43 a reviewer’s duties and responsibilities, including compliance 44 with the requirements of s. 1006.31; and provide that all 45 instructional materials recommended by a reviewer be accompanied 46 by the reviewer’s statement that the materials align with the 47 state standards pursuant to s. 1003.41 and the requirements of 48 s. 1006.31. 49 3. State the requirements for an affidavit to be made by 50 each district instructional materials reviewer which 51 substantially meet the requirements of s. 1006.30. 52 4. Comply with s. 1006.32, relating to prohibited acts. 53 5. Establish a process that certifies the accuracy of 54 instructional materials. 55 6. Incorporate applicable requirements of s. 1006.31, which 56 relates to the duties of instructional materials reviewers. 57 7. Incorporate applicable requirements of s. 1006.38, 58 relating to the duties, responsibilities, and requirements of 59 publishers of instructional materials. 60 8. Establish the process by which instructional materials 61 are adopted by the district school board, which must include: 62 a. A process to allow student editions of recommended 63 instructional materials to be accessed and viewed online by the 64 public at least 45
20calendar days before the school board 65 hearing and public meeting as specified in this subparagraph. 66 This process must include reasonable safeguards against the 67 unauthorized use, reproduction, and distribution of 68 instructional materials considered for adoption. 69 b. An open, noticed school board hearing to receive public 70 comment on the recommended instructional materials. 71 c. An open, noticed public meeting to approve an annual 72 instructional materials plan to identify any instructional 73 materials that will be purchased through the district school 74 board instructional materials review process pursuant to this 75 section. This public meeting must be held on a different date 76 than the school board hearing. 77 d. Notice requirements for the school board hearing and the 78 public meeting that must specifically state which instructional 79 materials are being reviewed and the manner in which the 80 instructional materials can be accessed for public review. The 81 hearing must allow the parent of a public school student or a 82 resident of the county to proffer evidence that a recommended 83 instructional material does not meet the criteria provided in s. 84 1006.31(2), taking into consideration course expectations based 85 on the district’s comprehensive plan for student progression 86 under s. 1008.25(2) and course descriptions in the course code 87 directory. 88 9. Establish the process by which the district school board 89 shall receive public comment on, and review, the recommended 90 instructional materials. 91 10. Establish the process by which instructional materials 92 will be purchased, including advertising, bidding, and 93 purchasing requirements. 94 11. Establish the process by which the school district will 95 notify parents of their ability to access their children’s 96 instructional materials through the district’s local 97 instructional improvement system and by which the school 98 district will encourage parents to access the system. This 99 notification must be displayed prominently on the school 100 district’s website and provided annually in written format to 101 all parents of enrolled students. 102 12. Establish the process by which parents and residents of 103 the county, as defined in s. 1006.28(1)(b), may recommend 104 instructional materials for consideration by district 105 instructional materials reviewers. The district school board 106 must notify the publisher of any instructional material that is 107 recommended for consideration and provide the publisher with the 108 Florida Instructional Materials Adoption Schedule for the 109 current adoption cycle. 110 Section 2. Subsection (2) of section 1006.31, Florida 111 Statutes, is amended, and subsection (4) is added to that 112 section, to read: 113 1006.31 Duties of the Department of Education and school 114 district instructional materials reviewer.—The duties of the 115 instructional materials reviewer are: 116 (2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To use the 117 selection criteria listed in s. 1006.34(2)(c) s. 1006.34(2)(b)118 and recommend for adoption only those instructional materials 119 aligned with the Next Generation Sunshine State Standards 120 provided for in s. 1003.41. Instructional materials recommended 121 by each reviewer shall be, to the satisfaction of each reviewer, 122 accurate, objective, balanced, noninflammatory, current, free of 123 pornography and material prohibited under s. 847.012, and suited 124 to student needs and their ability to comprehend the material 125 presented. Reviewers shall consider for recommendation materials 126 developed for academically talented students, such as students 127 enrolled in advanced placement courses. When recommending 128 instructional materials, each reviewer shall: 129 (a) Include only instructional materials that accurately 130 portray the ethnic, socioeconomic, cultural, religious, 131 physical, and racial diversity of our society, including men and 132 women in professional, career, and executive roles, and the role 133 and contributions of the entrepreneur and labor in the total 134 development of this state and the United States. 135 (b) Include only materials that accurately portray, 136 whenever appropriate, humankind’s place in ecological systems, 137 including the necessity for the protection of our environment 138 and conservation of our natural resources and the effects on the 139 human system of the use of tobacco, alcohol, controlled 140 substances, and other dangerous substances. 141 (c) Include materials that encourage thrift, fire 142 prevention, and humane treatment of people and animals. 143 (d) Require, when appropriate to the comprehension of 144 students, that materials for social science, history, or civics 145 classes contain the Declaration of Independence and the 146 Constitution of the United States. A reviewer may not recommend 147 any instructional materials that contain any matter reflecting 148 unfairly upon persons because of their race, color, creed, 149 national origin, ancestry, gender, religion, disability, 150 socioeconomic status, or occupation. 151 (4) PUBLIC ACCESS AND INPUT.—Members of the public must be 152 provided access to, and be given an opportunity to submit 153 comments on, instructional materials recommended for adoption by 154 state instructional materials reviewers. Any submitted comment 155 related to a specific recommended instructional material must be 156 provided to the commissioner as part of his or her consideration 157 of the instructional material pursuant to s. 1006.34(2)(a). Any 158 virtual presentation provided by a bidding instructional 159 material publisher or manufacturer must be posted on the 160 department’s website for public access until the adoption period 161 closes. Members of the public must also be allowed to recommend 162 any instructional material for consideration by state 163 instructional materials reviewers. The Department of Education 164 must notify the publisher of any instructional material that is 165 recommended for consideration and provide the publisher with the 166 Florida Instructional Materials Adoption Schedule for the 167 current adoption cycle. 168 Section 3. Present paragraph (b) of subsection (2) of 169 section 1006.34, Florida Statutes, is redesignated as paragraph 170 (c), and a new paragraph (b) is added to that subsection, to 171 read: 172 1006.34 Powers and duties of the commissioner and the 173 department in selecting and adopting instructional materials.— 174 (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.— 175 (b) Instructional materials are not subject to public 176 review procedures under s. 1006.40(4)(b) if the materials are 177 found by the commissioner to, at a minimum, meet the Next 178 Generation Sunshine State Standards under s. 1003.41, are found 179 to comply with the adoption criteria and standards of paragraph 180 (c) and s. 1003.42, and are not prohibited by s. 847.012. 181 However, a district school board member may initiate the public 182 review procedures before the instructional materials are adopted 183 by the commissioner if he or she has evidence that the 184 instructional materials do not meet the criteria required by 185 this paragraph. 186 Section 4. Paragraph (b) of subsection (4) of section 187 1006.40, Florida Statutes, is amended to read: 188 1006.40 Use of instructional materials allocation; 189 instructional materials, library books, and reference books; 190 repair of books.— 191 (4) Each district school board is responsible for the 192 content of all materials used in a classroom or otherwise made 193 available to students. Each district school board shall adopt 194 rules, and each district school superintendent shall implement 195 procedures, that: 196 (b) Except as provided in s. 1006.34(2)(b), provide a 197 process for public review of, public comment on, and the 198 adoption of instructional materials that satisfies the 199 requirements of s. 1006.283(2)(b)8., 9., and 11. 200 Section 5. This act shall take effect July 1, 2018.