Florida Senate - 2022                             CS for SB 1300
       By the Committee on Education; and Senator Gruters
       581-02284-22                                          20221300c1
    1                        A bill to be entitled                      
    2         An act relating to district school boards; amending s.
    3         145.19, F.S.; conforming provisions to changes made by
    4         the act; amending s. 1001.395, F.S.; revising the
    5         salaries of district school board members; amending s.
    6         1006.28, F.S.; deleting a requirement that district
    7         school boards maintain a current list of instructional
    8         materials on their websites; requiring meetings of
    9         committees convened to rank, eliminate, or select
   10         instructional materials to be noticed and open to the
   11         public; requiring such committees to include parents
   12         of district students and other members of the
   13         community; requiring certain individuals involved in
   14         selecting library materials to complete a specified
   15         training program; requiring certain materials to be
   16         selected only by employees who meet specified
   17         criteria; requiring district school boards to adopt
   18         procedures for developing library media center
   19         collections; providing requirements for such
   20         procedures; requiring elementary schools, district
   21         school boards, and the Department of Education to post
   22         in certain formats on their websites specified
   23         information relating to instructional materials and
   24         other materials; providing district school board
   25         requirements relating to public participation
   26         regarding selection, approval, adoption, or removal of
   27         certain materials; providing that school principals
   28         are responsible for overseeing compliance with
   29         specified procedures relating to library media center
   30         materials; amending s. 1006.29, F.S.; revising
   31         requirements for the department relating to the
   32         development of training programs for the selection of
   33         materials used in schools and library media centers;
   34         amending s. 1006.40, F.S.; revising district school
   35         board requirements for the selection and adoption of
   36         certain materials; providing an effective date.
   38  Be It Enacted by the Legislature of the State of Florida:
   40         Section 1. Subsection (2) of section 145.19, Florida
   41  Statutes, is amended to read:
   42         145.19 Annual percentage increases based on increase for
   43  state career service employees; limitation.—
   44         (2) Each fiscal year, the salaries of all officials listed
   45  in this chapter, s. 1001.395, and s. 1001.47 shall be adjusted.
   46  The adjusted salary rate shall be the product, rounded to the
   47  nearest dollar, of the salary rate granted by the appropriate
   48  section of this chapter, s. 1001.395, or s. 1001.47 multiplied
   49  first by the initial factor, then by the cumulative annual
   50  factor, and finally by the annual factor. The Department of
   51  Management Services shall certify the annual factor and the
   52  cumulative annual factors. Any special qualification salary
   53  received under this chapter, s. 1001.47, or the annual
   54  performance salary incentive available to elected
   55  superintendents under s. 1001.47 shall be added to such adjusted
   56  salary rate. The special qualification salary shall be $2,000,
   57  but shall not exceed $2,000.
   58         Section 2. Section 1001.395, Florida Statutes, is amended
   59  to read:
   60         1001.395 District school board members; compensation.—
   61         (1) Each member of the district school board shall receive
   62  a base salary equal to the annual salary of a member of the
   63  Legislature identified in s. 11.13(1)(a)2., as determined
   64  pursuant to the General Appropriations Act or legislation
   65  implementing the General Appropriations Act, the amounts
   66  indicated in this section, based on the population of the county
   67  the district school board member serves. In addition,
   68  compensation shall be made for population increments over the
   69  minimum for each population group, which shall be determined by
   70  multiplying the population in excess of the minimum for the
   71  group times the group rate. The product of such calculation
   72  shall be added to the base salary to determine the adjusted base
   73  salary. The adjusted base salaries of district school board
   74  members shall be increased annually as provided for in s.
   75  145.19.
   77  Pop. Group  County Pop. Range   Base Salary                   Group Rate
   78              Minimum   Maximum
   79  I               -0-     9,999  $5,000                     $0.08330
   80  II           10,000    49,999   5,833                     0.020830
   81  III          50,000    99,999   6,666                     0.016680
   82  IV          100,000   199,999   7,500                     0.008330
   83  V           200,000   399,999   8,333                     0.004165
   84  VI          400,000   999,999   9,166                     0.001390
   85  VII       1,000,000            10,000                     0.000000
   87         (2) Notwithstanding the provisions of this section or s.
   88  145.19, district school board members may reduce their salary
   89  rate on a voluntary basis.
   90         (3) Notwithstanding the provisions of this section and s.
   91  145.19, the salary of each district school board member shall be
   92  the amount calculated pursuant to subsection (1) or the
   93  district’s beginning salary for teachers who hold baccalaureate
   94  degrees, whichever is less.
   95         Section 3. Paragraphs (a) and (d) of subsection (2) and
   96  subsection (4) of section 1006.28, Florida Statutes, are
   97  amended, and paragraph (e) is added to subsection (2) of that
   98  section, to read:
   99         1006.28 Duties of district school board, district school
  100  superintendent; and school principal regarding K-12
  101  instructional materials.—
  102         (2) DISTRICT SCHOOL BOARD.—The district school board has
  103  the constitutional duty and responsibility to select and provide
  104  adequate instructional materials for all students in accordance
  105  with the requirements of this part. The district school board
  106  also has the following specific duties and responsibilities:
  107         (a) Courses of study; adoption.—Adopt courses of study,
  108  including instructional materials, for use in the schools of the
  109  district.
  110         1. Each district school board is responsible for the
  111  content of all instructional materials and any other materials
  112  used in a classroom, made available in a school library, or
  113  included on a reading list, whether adopted and purchased from
  114  the state-adopted instructional materials list, adopted and
  115  purchased through a district instructional materials program
  116  under s. 1006.283, or otherwise purchased or made available.
  117  Each district school board shall maintain on its website a
  118  current list of instructional materials, by grade level,
  119  purchased by the district.
  120         2. Each district school board must adopt a policy regarding
  121  an objection by a parent or a resident of the county to the use
  122  of a specific instructional material, which clearly describes a
  123  process to handle all objections and provides for resolution.
  124  The process must provide the parent or resident the opportunity
  125  to proffer evidence to the district school board that:
  126         a. An instructional material does not meet the criteria of
  127  s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in
  128  a course or otherwise made available to students in the school
  129  district but was not subject to the public notice, review,
  130  comment, and hearing procedures under s. 1006.283(2)(b)8., 9.,
  131  and 11.
  132         b. Any material used in a classroom, made available in a
  133  school library, or included on a reading list contains content
  134  that is pornographic or prohibited under s. 847.012, is not
  135  suited to student needs and their ability to comprehend the
  136  material presented, or is inappropriate for the grade level and
  137  age group for which the material is used.
  139  If the district school board finds that an instructional
  140  material does not meet the criteria under sub-subparagraph a. or
  141  that any other material contains prohibited content under sub
  142  subparagraph b., the school district shall discontinue use of
  143  the material for any grade level or age group for which such use
  144  is inappropriate or unsuitable.
  145         3. Each district school board must establish a process by
  146  which the parent of a public school student or a resident of the
  147  county may contest the district school board’s adoption of a
  148  specific instructional material. The parent or resident must
  149  file a petition, on a form provided by the school board, within
  150  30 calendar days after the adoption of the instructional
  151  material by the school board. The school board must make the
  152  form available to the public and publish the form on the school
  153  district’s website. The form must be signed by the parent or
  154  resident, include the required contact information, and state
  155  the objection to the instructional material based on the
  156  criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days
  157  after the 30-day period has expired, the school board must, for
  158  all petitions timely received, conduct at least one open public
  159  hearing before an unbiased and qualified hearing officer. The
  160  hearing officer may not be an employee or agent of the school
  161  district. The hearing is not subject to the provisions of
  162  chapter 120; however, the hearing must provide sufficient
  163  procedural protections to allow each petitioner an adequate and
  164  fair opportunity to be heard and present evidence to the hearing
  165  officer.
  167  The school board’s decision after convening a hearing is final
  168  and not subject to further petition or review.
  169         4.Meetings of committees convened for the purpose of
  170  ranking, eliminating, or selecting instructional materials for
  171  recommendation to the district school board must be noticed and
  172  open to the public in accordance with s. 286.011. Any committees
  173  convened for such purposes must include parents of school
  174  district students and other members of the community.
  175         (d) School library media services; establishment and
  176  maintenance.—Establish and maintain a program of school library
  177  media services for all public schools in the district, including
  178  school library media centers, or school library media centers
  179  open to the public, and, in addition such traveling or
  180  circulating libraries as may be needed for the proper operation
  181  of the district school system. Each school district shall
  182  provide training to School librarians, and media specialists,
  183  and other personnel involved in the selection of school district
  184  library materials must complete a training program developed
  185  pursuant to s. 1006.29(5) before reviewing and selecting
  186  regarding the prohibition against distributing harmful materials
  187  to minors under s. 847.012 and applicable case law, and best
  188  practices for providing students access to age-appropriate
  189  materials and library resources. Upon written request, a school
  190  district shall provide access to any material or book specified
  191  in the request that is maintained in a district school system
  192  library and is available for review.
  193         1.Each book made available to students through a school
  194  district library media center or required as part of a booklist
  195  used in a classroom must be selected by a school district
  196  employee who holds a valid educational media specialist
  197  certificate, regardless of whether the book is purchased,
  198  donated, or otherwise made available to students.
  199         2.Each district school board shall adopt procedures for
  200  developing library media center collections and post the
  201  procedures on the website for each school within the district.
  202  The procedures must:
  203         a.Require that book selections meet the criteria in s.
  204  1006.40(3)(d).
  205         b.Require consultation of reputable, professionally
  206  recognized reviewing sources and school community stakeholders
  207  for each selection.
  208         c.Provide for library media center collections based on
  209  reader interest, support of state academic standards and aligned
  210  curriculum, and the academic needs of students and faculty.
  211         d.Provide for the regular removal or discontinuance of
  212  books based on, at a minimum, physical condition, rate of recent
  213  circulation, alignment to state academic standards and relevancy
  214  to curriculum, out-of-date content, and required removal
  215  pursuant to subparagraph (a)2.
  216         3.Each elementary school must publish on its website, in a
  217  searchable format prescribed by the department, a list of all
  218  materials maintained in the school library media center or
  219  required as part of a booklist used in a classroom.
  220         (e)Public participation.—Publish on its website, in a
  221  searchable format prescribed by the department, a list of all
  222  instructional materials, including those used to provide
  223  instruction required by s. 1003.42. Each district school board
  224  must:
  225         1.Provide access to all materials, excluding teacher
  226  editions, for public inspection and allow the public to copy,
  227  scan, duplicate, or photograph portions of original materials
  228  within the limits of fair use under the copyright laws of the
  229  United States pursuant to Title 17 of the United States Code,
  230  Pub. L. No. 94-653, 17 U.S.C. ss. 101 et seq. Access must be
  231  provided at least 30 days before any official action on such
  232  materials.
  233         2.Select, approve, adopt, or purchase all materials as a
  234  separate line item on the agenda and must provide a reasonable
  235  opportunity for public comment. The use of materials described
  236  in this paragraph may not be selected, approved, or adopted as
  237  part of a consent agenda.
  238         3.Annually, beginning June 30, 2022, submit to the
  239  Commissioner of Education a report that identifies:
  240         a.Each material for which the school district received an
  241  objection pursuant to subparagraph (a)2. for the school year and
  242  the specific objections thereto.
  243         b.Each material removed or discontinued as a result of an
  244  objection.
  245         c.The grade level and course for which a removed or
  246  discontinued material was used, as applicable.
  248  The department shall publish and regularly update a list of
  249  materials removed or discontinued as a result of an objection
  250  and disseminate the list to school districts for consideration
  251  in their selection procedures.
  252         (4) SCHOOL PRINCIPAL.—The school principal has the
  253  following duties for the management and care of instructional
  254  materials at the school:
  255         (a) Proper use of instructional materials.—The principal
  256  shall assure that instructional materials are used to provide
  257  instruction to students enrolled at the grade level or levels
  258  for which the materials are designed, pursuant to adopted
  259  district school board rule. The school principal shall
  260  communicate to parents the manner in which instructional
  261  materials are used to implement the curricular objectives of the
  262  school.
  263         (b) Money collected for lost or damaged instructional
  264  materials; enforcement.—The school principal shall collect from
  265  each student or the student’s parent the purchase price of any
  266  instructional material the student has lost, destroyed, or
  267  unnecessarily damaged and to report and transmit the money
  268  collected to the district school superintendent. The failure to
  269  collect such sum upon reasonable effort by the school principal
  270  may result in the suspension of the student from participation
  271  in extracurricular activities or satisfaction of the debt by the
  272  student through community service activities at the school site
  273  as determined by the school principal, pursuant to policies
  274  adopted by district school board rule.
  275         (c) Sale of instructional materials.—The school principal,
  276  upon request of the parent of a student in the school, shall
  277  sell to the parent any instructional materials used in the
  278  school. All such sales shall be made pursuant to rule adopted by
  279  the district school board, and the principal shall annually
  280  provide information to parents that they may purchase
  281  instructional materials and how to purchase the materials.
  282         (d) Disposition of funds.—All money collected from the
  283  sale, exchange, loss, or damage of instructional materials shall
  284  be transmitted to the district school superintendent to be
  285  deposited in the district school board fund and added to the
  286  district appropriation for instructional materials.
  287         (e) Accounting for instructional materials.—Principals
  288  shall see that all instructional materials are fully and
  289  properly accounted for as prescribed by adopted rules of the
  290  district school board.
  291         (f)Selection of library media center materials.—School
  292  principals are responsible for overseeing compliance with school
  293  district procedures for selecting school library media center
  294  materials.
  295         Section 4. Subsections (2) and (5) of section 1006.29,
  296  Florida Statutes, are amended to read:
  297         1006.29 State instructional materials reviewers.—
  298         (2) For purposes of this part state adoption, the term
  299  “instructional materials” means items having intellectual
  300  content that by design serve as a major tool for assisting in
  301  the instruction of a subject or course. These items may be
  302  available in bound, unbound, kit, or package form and may
  303  consist of hardbacked or softbacked textbooks, electronic
  304  content, consumables, learning laboratories, manipulatives,
  305  electronic media, and computer courseware or software. A
  306  publisher or manufacturer providing instructional materials as a
  307  single bundle shall also make the instructional materials
  308  available as separate and unbundled items, each priced
  309  individually. A publisher may also offer sections of state
  310  adopted instructional materials in digital or electronic
  311  versions at reduced rates to districts, schools, and teachers.
  312         (5) The department shall develop a training programs
  313  program for persons selected as state instructional materials
  314  reviewers and school district reviewers of instructional
  315  materials, including those used to provide instruction required
  316  by s. 1003.42, and any materials maintained in the district
  317  school library media centers or included on a reading list. The
  318  programs program shall be structured to assist reviewers in
  319  complying with the requirements of s. 1006.31(2) developing the
  320  skills necessary to make valid, culturally sensitive, and
  321  objective decisions regarding the content and rigor of
  322  instructional materials. All persons serving as instructional
  323  materials reviewers must complete a the training program before
  324  prior to beginning the review and selection process.
  325         Section 5. Paragraph (b) of subsection (4) of section
  326  1006.40, Florida Statutes, is amended to read:
  327         1006.40 Use of instructional materials allocation;
  328  instructional materials, library books, and reference books;
  329  repair of books.—
  330         (4) Each district school board is responsible for the
  331  content of all materials used in a classroom or otherwise made
  332  available to students. Each district school board shall adopt
  333  rules, and each district school superintendent shall implement
  334  procedures, that:
  335         (b) Provide a process for public review of, public comment
  336  on, and the adoption of instructional materials, including those
  337  instructional materials used to provide instruction required by
  338  s. 1003.42 teach reproductive health or any disease, including
  339  HIV/AIDS, under ss. 1003.42(3) and 1003.46, which satisfies the
  340  requirements of s. 1006.283(2)(b)8., 9., and 11.
  341         Section 6. This act shall take effect July 1, 2022.