Florida Senate - 2022                                     SB 490
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-00488A-22                                           2022490__
    1                        A bill to be entitled                      
    2         An act relating to required instruction in the history
    3         of Asian Americans and Pacific Islanders; amending s.
    4         1003.42, F.S.; requiring the history of Asian
    5         Americans and Pacific Islanders to be included in
    6         specified instruction; amending ss. 1006.148 and
    7         1014.05, F.S.; conforming cross-references; providing
    8         an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (2) of section 1003.42, Florida
   13  Statutes, is amended to read:
   14         1003.42 Required instruction.—
   15         (2) Members of the instructional staff of the public
   16  schools, subject to the rules of the State Board of Education
   17  and the district school board, shall teach efficiently and
   18  faithfully, using the books and materials required that meet the
   19  highest standards for professionalism and historical accuracy,
   20  following the prescribed courses of study, and employing
   21  approved methods of instruction, the following:
   22         (a) The history and content of the Declaration of
   23  Independence, including national sovereignty, natural law, self
   24  evident truth, equality of all persons, limited government,
   25  popular sovereignty, and inalienable rights of life, liberty,
   26  and property, and how they form the philosophical foundation of
   27  our government.
   28         (b) The history, meaning, significance, and effect of the
   29  provisions of the Constitution of the United States and
   30  amendments thereto, with emphasis on each of the 10 amendments
   31  that make up the Bill of Rights and how the constitution
   32  provides the structure of our government.
   33         (c) The arguments in support of adopting our republican
   34  form of government, as they are embodied in the most important
   35  of the Federalist Papers.
   36         (d) Flag education, including proper flag display and flag
   37  salute.
   38         (e) The elements of civil government, including the primary
   39  functions of and interrelationships between the Federal
   40  Government, the state, and its counties, municipalities, school
   41  districts, and special districts.
   42         (f) The history of the United States, including the period
   43  of discovery, early colonies, the War for Independence, the
   44  Civil War, the expansion of the United States to its present
   45  boundaries, the world wars, and the civil rights movement to the
   46  present. American history shall be viewed as factual, not as
   47  constructed, shall be viewed as knowable, teachable, and
   48  testable, and shall be defined as the creation of a new nation
   49  based largely on the universal principles stated in the
   50  Declaration of Independence.
   51         (g)1. The history of the Holocaust (1933-1945), the
   52  systematic, planned annihilation of European Jews and other
   53  groups by Nazi Germany, a watershed event in the history of
   54  humanity, to be taught in a manner that leads to an
   55  investigation of human behavior, an understanding of the
   56  ramifications of prejudice, racism, and stereotyping, and an
   57  examination of what it means to be a responsible and respectful
   58  person, for the purposes of encouraging tolerance of diversity
   59  in a pluralistic society and for nurturing and protecting
   60  democratic values and institutions, including the policy,
   61  definition, and historical and current examples of anti
   62  Semitism, as described in s. 1000.05(7), and the prevention of
   63  anti-Semitism. Each school district must annually certify and
   64  provide evidence to the department, in a manner prescribed by
   65  the department, that the requirements of this paragraph are met.
   66  The department shall prepare and offer standards and curriculum
   67  for the instruction required by this paragraph and may seek
   68  input from the Commissioner of Education’s Task Force on
   69  Holocaust Education or from any state or nationally recognized
   70  Holocaust educational organizations. The department may contract
   71  with any state or nationally recognized Holocaust educational
   72  organizations to develop training for instructional personnel
   73  and grade-appropriate classroom resources to support the
   74  developed curriculum.
   75         2. The second week in November shall be designated as
   76  “Holocaust Education Week” in this state in recognition that
   77  November is the anniversary of Kristallnacht, widely recognized
   78  as a precipitating event that led to the Holocaust.
   79         (h) The history of African Americans, including the history
   80  of African peoples before the political conflicts that led to
   81  the development of slavery, the passage to America, the
   82  enslavement experience, abolition, and the contributions of
   83  African Americans to society. Instructional materials shall
   84  include the contributions of African Americans to American
   85  society.
   86         (i) The history of Asian Americans and Pacific Islanders,
   87  including the immigration, citizenship, civil rights, identity,
   88  and culture of Asian Americans and Pacific Islanders and the
   89  contributions of Asian Americans and Pacific Islanders to
   90  American society. Instructional materials shall include the
   91  contributions of Asian Americans and Pacific Islanders to
   92  American society.
   93         (j) The elementary principles of agriculture.
   94         (k)(j) The true effects of all alcoholic and intoxicating
   95  liquors and beverages and narcotics upon the human body and
   96  mind.
   97         (l)(k) Kindness to animals.
   98         (m)(l) The history of this the state.
   99         (n)(m) The conservation of natural resources.
  100         (o)1.(n)1. Comprehensive age-appropriate and
  101  developmentally appropriate K-12 health education that addresses
  102  concepts of community health, consumer health, environmental
  103  health, and family life, including:
  104         a. Mental and emotional health.
  105         b. Injury prevention and safety.
  106         c. Internet safety.
  107         d. Nutrition.
  108         e. Personal health.
  109         f. Prevention and control of disease.
  110         g. Substance use and abuse.
  111         h. Prevention of child sexual abuse, exploitation, and
  112  human trafficking.
  113         2. The health education curriculum for students in grades 7
  114  through 12 shall include a teen dating violence and abuse
  115  component that includes, but is not limited to, the definition
  116  of dating violence and abuse, the warning signs of dating
  117  violence and abusive behavior, the characteristics of healthy
  118  relationships, measures to prevent and stop dating violence and
  119  abuse, and community resources available to victims of dating
  120  violence and abuse.
  121         3. The health education curriculum for students in grades 6
  122  through 12 shall include an awareness of the benefits of sexual
  123  abstinence as the expected standard and the consequences of
  124  teenage pregnancy.
  125         (p)(o) Such additional materials, subjects, courses, or
  126  fields in such grades as are prescribed by law or by rules of
  127  the State Board of Education and the district school board in
  128  fulfilling the requirements of law.
  129         (q)(p) The study of Hispanic contributions to the United
  130  States.
  131         (r)(q) The study of women’s contributions to the United
  132  States.
  133         (s)(r) The nature and importance of free enterprise to the
  134  United States economy.
  135         (t)(s) A character development program in the elementary
  136  schools, similar to Character First or Character Counts, which
  137  is secular in nature. Beginning in school year 2004-2005, the
  138  character development program shall be required in kindergarten
  139  through grade 12. Each district school board shall develop or
  140  adopt a curriculum for the character development program that
  141  shall be submitted to the department for approval.
  142         1. The character development curriculum shall stress the
  143  qualities of patriotism; responsibility; citizenship; kindness;
  144  respect for authority, life, liberty, and personal property;
  145  honesty; charity; self-control; racial, ethnic, and religious
  146  tolerance; and cooperation.
  147         2. The character development curriculum for grades 9
  148  through 12 shall, at a minimum, include instruction on
  149  developing leadership skills, interpersonal skills, organization
  150  skills, and research skills; creating a resume, including a
  151  digital resume; exploring career pathways; using state career
  152  planning resources; developing and practicing the skills
  153  necessary for employment interviews; conflict resolution,
  154  workplace ethics, and workplace law; managing stress and
  155  expectations; and developing skills that enable students to
  156  become more resilient and self-motivated.
  157         3. The character development curriculum for grades 11 and
  158  12 shall include instruction on voting using the uniform primary
  159  and general election ballot described in s. 101.151(9).
  160         (u)(t) In order to encourage patriotism, the sacrifices
  161  that veterans and Medal of Honor recipients have made in serving
  162  our country and protecting democratic values worldwide. Such
  163  instruction must occur on or before Medal of Honor Day,
  164  Veterans’ Day, and Memorial Day. Members of the instructional
  165  staff are encouraged to use the assistance of local veterans and
  166  Medal of Honor recipients when practicable.
  167  
  168  The State Board of Education is encouraged to adopt standards
  169  and pursue assessment of the requirements of this subsection. A
  170  character development program that incorporates the values of
  171  the recipients of the Congressional Medal of Honor and that is
  172  offered as part of a social studies, English Language Arts, or
  173  other schoolwide character building and veteran awareness
  174  initiative meets the requirements of paragraphs (t) (s) and (u)
  175  (t).
  176         Section 2. Paragraph (c) of subsection (1) of section
  177  1006.148, Florida Statutes, is amended to read:
  178         1006.148 Dating violence and abuse prohibited.—
  179         (1) Each district school board shall adopt and implement a
  180  dating violence and abuse policy. The policy shall:
  181         (c) Define dating violence and abuse and provide for a teen
  182  dating violence and abuse component in the health education
  183  curriculum, according to s. 1003.42(2)(o)2. s. 1003.42(2)(n)2.,
  184  with emphasis on prevention education.
  185         Section 3. Paragraphs (d) and (f) of subsection (1) of
  186  section 1014.05, Florida Statutes, are amended to read:
  187         1014.05 School district notifications on parental rights.—
  188         (1) Each district school board shall, in consultation with
  189  parents, teachers, and administrators, develop and adopt a
  190  policy to promote parental involvement in the public school
  191  system. Such policy must include:
  192         (d) Procedures, pursuant to s. 1002.20(3)(d), for a parent
  193  to withdraw his or her minor child from any portion of the
  194  school district’s comprehensive health education required under
  195  s. 1003.42(2)(o) s. 1003.42(2)(n) that relates to sex education
  196  or instruction in acquired immune deficiency syndrome education
  197  or any instruction regarding sexuality if the parent provides a
  198  written objection to his or her minor child’s participation.
  199  Such procedures must provide for a parent to be notified in
  200  advance of such course content so that he or she may withdraw
  201  his or her minor child from those portions of the course.
  202         (f) Procedures for a parent to learn about parental rights
  203  and responsibilities under general law, including all of the
  204  following:
  205         1. Pursuant to s. 1002.20(3)(d), the right to opt his or
  206  her minor child out of any portion of the school district’s
  207  comprehensive health education required under s. 1003.42(2)(o)
  208  s. 1003.42(2)(n) that relates to sex education instruction in
  209  acquired immune deficiency syndrome education or any instruction
  210  regarding sexuality.
  211         2. A plan to disseminate information, pursuant to s.
  212  1002.20(6), about school choice options, including open
  213  enrollment.
  214         3. In accordance with s. 1002.20(3)(b), the right of a
  215  parent to exempt his or her minor child from immunizations.
  216         4. In accordance with s. 1008.22, the right of a parent to
  217  review statewide, standardized assessment results.
  218         5. In accordance with s. 1003.57, the right of a parent to
  219  enroll his or her minor child in gifted or special education
  220  programs.
  221         6. In accordance with s. 1006.28(2)(a)1., the right of a
  222  parent to inspect school district instructional materials.
  223         7. In accordance with s. 1008.25, the right of a parent to
  224  access information relating to the school district’s policies
  225  for promotion or retention, including high school graduation
  226  requirements.
  227         8. In accordance with s. 1002.20(14), the right of a parent
  228  to receive a school report card and be informed of his or her
  229  minor child’s attendance requirements.
  230         9. In accordance with s. 1002.23, the right of a parent to
  231  access information relating to the state public education
  232  system, state standards, report card requirements, attendance
  233  requirements, and instructional materials requirements.
  234         10. In accordance with s. 1002.23(4), the right of a parent
  235  to participate in parent-teacher associations and organizations
  236  that are sanctioned by a district school board or the Department
  237  of Education.
  238         11. In accordance with s. 1002.222(1)(a), the right of a
  239  parent to opt out of any district-level data collection relating
  240  to his or her minor child not required by law.
  241         Section 4. This act shall take effect July 1, 2022.