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.
   31  Be It Enacted by the Legislature of the State of Florida:
   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 20 calendar 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:
  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.—
  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.