Florida Senate - 2023                             CS for SB 1320
       By the Committee on Education Pre-K -12; and Senators Yarborough
       and Perry
       581-02783-23                                          20231320c1
    1                        A bill to be entitled                      
    2         An act relating to child protection in public schools;
    3         amending s. 1000.21, F.S.; defining the term “sex”;
    4         creating s. 1001.07, F.S.; defining the term “sex”;
    5         prohibiting an employee, contractor, or student of a
    6         public school from being required to refer to a person
    7         using personal titles or pronouns that do not
    8         correspond with that person’s sex; prohibiting
    9         employees and contractors from providing a pronoun or
   10         personal title to students which does not correspond
   11         with his or her sex; providing that students may not
   12         be asked for preferred personal titles or pronouns or
   13         penalized for not providing such information;
   14         authorizing the State Board of Education to adopt
   15         rules; amending s. 1001.42, F.S.; prohibiting
   16         classroom instruction by school personnel on sexual
   17         orientation or gender identity until grade 9;
   18         providing that such prohibition applies to charter
   19         schools; deleting a provision authorizing a parent to
   20         bring an action against a school district for a
   21         declaratory judgment; amending s. 1003.42, F.S.;
   22         providing that materials used to teach reproductive
   23         health or any disease as part of certain courses must
   24         be approved by the Department of Education; amending
   25         s. 1003.46, F.S.; requiring that instruction in
   26         acquired immune deficiency syndrome, sexually
   27         transmitted diseases, and health education identify
   28         males and females as provided in a specified provision
   29         and teach that the male and female reproductive roles
   30         are binary, stable, and unchangeable; requiring that
   31         such instructional materials be approved by the
   32         department; amending s. 1006.28, F.S.; providing that
   33         district school boards are responsible for materials
   34         used in classroom libraries; requiring that a
   35         specified objection form and the district school
   36         board’s process for handling objections be easy to
   37         read and easily accessible on school districts’
   38         website homepages; expanding the criteria for
   39         materials used in the classroom, available in the
   40         school library, or included on a reading list under
   41         which a parent or resident may bring an objection;
   42         requiring that certain materials be unavailable to
   43         students until the resolution of any objection;
   44         providing requirements for certain meetings of school
   45         district committees relating to instructional
   46         materials; revising certain district school board
   47         procedures relating to library media center
   48         collections; revising elementary school requirements
   49         relating to materials in specified libraries;
   50         requiring district school boards to adopt and publish
   51         a specified process relating to student access to
   52         certain materials; revising district school board
   53         reporting requirements relating to materials that
   54         received certain objections; requiring school
   55         principals to communicate to parents the procedures
   56         for contesting the adoption and use of instructional
   57         materials; reenacting ss. 1000.05(2), (3), (4)(a), (5)
   58         and (7)(d), 1001.453(2)(c), 1002.42(3)(a),
   59         1003.27(2)(b) and (c), 1003.42(3)(a), (c), (e), and
   60         (f), 1004.43(2), 1006.205(2)(b) and (3), 1009.23(7),
   61         1009.24(10)(b), 1009.983(6), 1009.986(3)(e), and
   62         1014.05(1)(c), (d), and (f), F.S., relating to
   63         biological sex, to incorporate the amendment made to
   64         s. 1000.21, F.S., in references thereto; providing for
   65         severability; providing an effective date.
   67  Be It Enacted by the Legislature of the State of Florida:
   69         Section 1. Subsection (9) is added to section 1000.21,
   70  Florida Statutes, to read:
   71         1000.21 Systemwide definitions.—As used in the Florida
   72  Early Learning-20 Education Code:
   73         (9)“Sex” means the classification of a human person as
   74  being either male or female based on the organization of the
   75  body of such person for a specific reproductive role, as
   76  indicated by the person’s sex chromosomes, naturally occurring
   77  sex hormones, and internal and external genitalia present at
   78  birth.
   79         Section 2. Section 1001.07, Florida Statutes, is created to
   80  read:
   81         1001.07 Personal titles.—
   82         (1) It shall be the policy of every public K-12 educational
   83  institution that is provided or authorized by the Constitution
   84  and laws of Florida that a person’s sex is an immutable
   85  biological trait and that it is false to ascribe to a person a
   86  pronoun that does not correspond to such person’s sex. For
   87  purposes of this section, “sex” shall have the same meaning as
   88  in s. 1000.21.
   89         (2)No employee, contractor, or student of a public K-12
   90  educational institution shall be required, as a condition of
   91  employment, enrollment, or participation in any program, to
   92  refer to another person using a preferred personal title or
   93  pronoun that does not correspond to that person’s sex.
   94         (3) No employee or contractor at a public K-12 educational
   95  institution may provide to students his or her preferred
   96  personal title or pronouns if such personal title or pronouns do
   97  not correspond to his or her sex.
   98         (4) No student may be asked for his or her preferred
   99  personal titles or pronouns, or penalized or subjected to
  100  adverse or discriminatory treatment for not providing preferred
  101  personal titles or pronouns.
  102         (5) The State Board of Education may adopt rules consistent
  103  with this section.
  104         Section 3. Paragraph (c) of subsection (8) of section
  105  1001.42, Florida Statutes, is amended to read:
  109         (8) STUDENT WELFARE.—
  110         (c)1. In accordance with the rights of parents enumerated
  111  in ss. 1002.20 and 1014.04, adopt procedures for notifying a
  112  student’s parent if there is a change in the student’s services
  113  or monitoring related to the student’s mental, emotional, or
  114  physical health or well-being and the school’s ability to
  115  provide a safe and supportive learning environment for the
  116  student. The procedures must reinforce the fundamental right of
  117  parents to make decisions regarding the upbringing and control
  118  of their children by requiring school district personnel to
  119  encourage a student to discuss issues relating to his or her
  120  well-being with his or her parent or to facilitate discussion of
  121  the issue with the parent. The procedures may not prohibit
  122  parents from accessing any of their student’s education and
  123  health records created, maintained, or used by the school
  124  district, as required by s. 1002.22(2).
  125         2. A school district may not adopt procedures or student
  126  support forms that prohibit school district personnel from
  127  notifying a parent about his or her student’s mental, emotional,
  128  or physical health or well-being, or a change in related
  129  services or monitoring, or that encourage or have the effect of
  130  encouraging a student to withhold from a parent such
  131  information. School district personnel may not discourage or
  132  prohibit parental notification of and involvement in critical
  133  decisions affecting a student’s mental, emotional, or physical
  134  health or well-being. This subparagraph does not prohibit a
  135  school district from adopting procedures that permit school
  136  personnel to withhold such information from a parent if a
  137  reasonably prudent person would believe that disclosure would
  138  result in abuse, abandonment, or neglect, as those terms are
  139  defined in s. 39.01.
  140         3. Classroom instruction by school personnel or third
  141  parties on sexual orientation or gender identity may not occur
  142  in prekindergarten kindergarten through grade 8. If provided in
  143  grades 9-12, such instruction must be 3 or in a manner that is
  144  not age-appropriate or developmentally appropriate for students
  145  in accordance with state standards. This subparagraph applies to
  146  charter schools.
  147         4. Student support services training developed or provided
  148  by a school district to school district personnel must adhere to
  149  student services guidelines, standards, and frameworks
  150  established by the Department of Education.
  151         5. At the beginning of the school year, each school
  152  district shall notify parents of each health care service
  153  offered at their student’s school and the option to withhold
  154  consent or decline any specific service as provided in s.
  155  1014.06. Parental consent to a health care service does not
  156  waive the parent’s right to access his or her student’s
  157  educational or health records or to be notified about a change
  158  in his or her student’s services or monitoring as provided by
  159  this paragraph.
  160         6. Before administering a student well-being questionnaire
  161  or health screening form to a student in kindergarten through
  162  grade 3, the school district must provide the questionnaire or
  163  health screening form to the parent and obtain the permission of
  164  the parent.
  165         7. Each school district shall adopt procedures for a parent
  166  to notify the principal, or his or her designee, regarding
  167  concerns under this paragraph at his or her student’s school and
  168  the process for resolving those concerns within 7 calendar days
  169  after notification by the parent.
  170         a. At a minimum, the procedures must require that within 30
  171  days after notification by the parent that the concern remains
  172  unresolved, the school district must either resolve the concern
  173  or provide a statement of the reasons for not resolving the
  174  concern.
  175         b. If a concern is not resolved by the school district, a
  176  parent may:
  177         (I) request the Commissioner of Education to appoint a
  178  special magistrate who is a member of The Florida Bar in good
  179  standing and who has at least 5 years’ experience in
  180  administrative law. The special magistrate shall determine facts
  181  relating to the dispute over the school district procedure or
  182  practice, consider information provided by the school district,
  183  and render a recommended decision for resolution to the State
  184  Board of Education within 30 days after receipt of the request
  185  by the parent. The State Board of Education must approve or
  186  reject the recommended decision at its next regularly scheduled
  187  meeting that is more than 7 calendar days and no more than 30
  188  days after the date the recommended decision is transmitted. The
  189  costs of the special magistrate shall be borne by the school
  190  district. The State Board of Education shall adopt rules,
  191  including forms, necessary to implement this subparagraph.
  192         (II)Bring an action against the school district to obtain
  193  a declaratory judgment that the school district procedure or
  194  practice violates this paragraph and seek injunctive relief. A
  195  court may award damages and shall award reasonable attorney fees
  196  and court costs to a parent who receives declaratory or
  197  injunctive relief.
  198         c. Each school district shall adopt policies to notify
  199  parents of the procedures required under this subparagraph.
  200         d. Nothing contained in this subparagraph shall be
  201  construed to abridge or alter rights of action or remedies in
  202  equity already existing under the common law or general law.
  203         Section 4. Paragraph (b) of subsection (1) of section
  204  1003.42, Florida Statutes, is amended to read:
  205         1003.42 Required instruction.—
  206         (1)
  207         (b) All instructional materials, as defined in s.
  208  1006.29(2), used to teach reproductive health or any disease,
  209  including HIV/AIDS, its symptoms, development, and treatment, as
  210  part of the courses referenced in subsection (5), must be
  211  annually approved by the department a district school board in
  212  an open, noticed public meeting.
  213         Section 5. Subsection (2) of section 1003.46, Florida
  214  Statutes, is amended to read:
  215         1003.46 Health education; instruction in acquired immune
  216  deficiency syndrome.—
  217         (2) Throughout instruction in acquired immune deficiency
  218  syndrome, sexually transmitted diseases, or health education,
  219  when such instruction and course material contains instruction
  220  in human sexuality, a school shall:
  221         (a) Classify males and females as provided in s.
  222  1000.21(9); teach that biological males impregnate biological
  223  females by fertilizing the female’s egg with the male’s sperm;
  224  that the female then gestates the offspring; and that these
  225  reproductive roles are binary, stable, and unchangeable.
  226         (b) Teach abstinence from sexual activity outside of
  227  marriage as the expected standard for all school-age students
  228  while teaching the benefits of monogamous heterosexual marriage.
  229         (c)(b) Emphasize that abstinence from sexual activity is a
  230  certain way to avoid out-of-wedlock pregnancy, sexually
  231  transmitted diseases, including acquired immune deficiency
  232  syndrome, and other associated health problems.
  233         (d)(c) Teach that each student has the power to control
  234  personal behavior and encourage students to base actions on
  235  reasoning, self-esteem, and respect for others.
  236         (e)(d) Provide instruction and material that is appropriate
  237  for the grade and age of the student.
  239  Materials used for instruction under this section must be
  240  approved by the department.
  241         Section 6. Paragraphs (a), (d), and (e) of subsection (2)
  242  and paragraphs (a) and (f) of subsection (4) of section 1006.28,
  243  Florida Statutes, are amended to read:
  244         1006.28 Duties of district school board, district school
  245  superintendent; and school principal regarding K-12
  246  instructional materials.—
  247         (2) DISTRICT SCHOOL BOARD.—The district school board has
  248  the constitutional duty and responsibility to select and provide
  249  adequate instructional materials for all students in accordance
  250  with the requirements of this part. The district school board
  251  also has the following specific duties and responsibilities:
  252         (a) Courses of study; adoption.—Adopt courses of study,
  253  including instructional materials, for use in the schools of the
  254  district.
  255         1. Each district school board is responsible for the
  256  content of all instructional materials and any other materials
  257  used in a classroom, made available in a school or classroom
  258  library, or included on a reading list, whether adopted and
  259  purchased from the state-adopted instructional materials list,
  260  adopted and purchased through a district instructional materials
  261  program under s. 1006.283, or otherwise purchased or made
  262  available.
  263         2. Each district school board must adopt a policy regarding
  264  an objection by a parent or a resident of the county to the use
  265  of a specific material, which clearly describes a process to
  266  handle all objections and provides for resolution. The objection
  267  form, as prescribed by State Board of Education rule, and the
  268  district school board’s process must be easy to read and
  269  understand and be easily accessible on the homepage of the
  270  school district’s website. The process must provide the parent
  271  or resident the opportunity to proffer evidence to the district
  272  school board that:
  273         a. An instructional material does not meet the criteria of
  274  s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in
  275  a course or otherwise made available to students in the school
  276  district but was not subject to the public notice, review,
  277  comment, and hearing procedures under s. 1006.283(2)(b)8., 9.,
  278  and 11.
  279         b. Any material used in a classroom, made available in a
  280  school or classroom library, or included on a reading list
  281  contains content that:
  282         (I) Is pornographic or prohibited under s. 847.012;,
  283         (II)Depicts or describes sexual conduct as defined in s.
  284  847.001, unless such material is for a course required by s.
  285  1003.46 or s. 1003.42(2)(n)1.g. or identified by State Board of
  286  Education rule;
  287         (III) Is not suited to student needs and their ability to
  288  comprehend the material presented;, or
  289         (IV) Is inappropriate for the grade level and age group for
  290  which the material is used.
  292  Any material that is subject to an objection on the basis of
  293  sub-sub-subparagraph b.(I) or sub-sub-subparagraph b.(II) must
  294  be made unavailable to students until the objection is resolved.
  295  Parents have the right to read aloud at public meetings passages
  296  from material that is subject to an objection. If the district
  297  school board finds that an instructional material does not meet
  298  the criteria under sub-subparagraph a. or that any other
  299  material contains prohibited content under sub-subparagraph b.,
  300  the school district shall discontinue use of the material for
  301  any grade level or age group for which such use is inappropriate
  302  or unsuitable.
  303         3. Each district school board must establish a process by
  304  which the parent of a public school student or a resident of the
  305  county may contest the district school board’s adoption of a
  306  specific instructional material. The parent or resident must
  307  file a petition, on a form provided by the school board, within
  308  30 calendar days after the adoption of the instructional
  309  material by the school board. The school board must make the
  310  form available to the public and publish the form on the school
  311  district’s website. The form must be signed by the parent or
  312  resident, include the required contact information, and state
  313  the objection to the instructional material based on the
  314  criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days
  315  after the 30-day period has expired, the school board must, for
  316  all petitions timely received, conduct at least one open public
  317  hearing before an unbiased and qualified hearing officer. The
  318  hearing officer may not be an employee or agent of the school
  319  district. The hearing is not subject to the provisions of
  320  chapter 120; however, the hearing must provide sufficient
  321  procedural protections to allow each petitioner an adequate and
  322  fair opportunity to be heard and present evidence to the hearing
  323  officer. The school board’s decision after convening a hearing
  324  is final and not subject to further petition or review.
  325         4. Meetings of committees convened for the purpose of
  326  ranking, eliminating, or selecting instructional materials for
  327  recommendation to the district school board must be noticed and
  328  open to the public in accordance with s. 286.011. Any committees
  329  convened for such purposes must include parents of district
  330  students who will have access to such materials.
  331         5.Meetings of committees convened for the purpose of
  332  resolving an objection by a parent or resident to specific
  333  materials must be noticed and open to the public in accordance
  334  with s. 286.011. Any committees convened for such purpose must
  335  include parents of students who will have access to such
  336  materials.
  337         (d) School library media services; establishment and
  338  maintenance.—Establish and maintain a program of school library
  339  media services for all public schools in the district, including
  340  school library media centers, or school library media centers
  341  open to the public, and, in addition such traveling or
  342  circulating libraries as may be needed for the proper operation
  343  of the district school system. Beginning January 1, 2023, school
  344  librarians, media specialists, and other personnel involved in
  345  the selection of school district library materials must complete
  346  the training program developed pursuant to s. 1006.29(6) before
  347  reviewing and selecting age-appropriate materials and library
  348  resources. Upon written request, a school district shall provide
  349  access to any material or book specified in the request that is
  350  maintained in a district school system library and is available
  351  for review.
  352         1. Each book made available to students through a school
  353  district library media center or included in a recommended or
  354  assigned school or grade-level reading list must be selected by
  355  a school district employee who holds a valid educational media
  356  specialist certificate, regardless of whether the book is
  357  purchased, donated, or otherwise made available to students.
  358         2. Each district school board shall adopt procedures for
  359  developing library media center collections and post the
  360  procedures on the website for each school within the district.
  361  The procedures must:
  362         a. Require that book selections meet the criteria in s.
  363  1006.40(3)(d).
  364         b. Require consultation of reputable, professionally
  365  recognized reviewing periodicals and school community
  366  stakeholders.
  367         c. Provide for library media center collections, including
  368  classroom libraries, based on reader interest, support of state
  369  academic standards and aligned curriculum, and the academic
  370  needs of students and faculty.
  371         d. Provide for the regular removal or discontinuance of
  372  books based on, at a minimum, physical condition, rate of recent
  373  circulation, alignment to state academic standards and relevancy
  374  to curriculum, out-of-date content, and required removal
  375  pursuant to subparagraph (a)2.
  376         3. Each elementary school must publish on its website, in a
  377  searchable format prescribed by the department, a list of all
  378  materials maintained and accessible in the school library media
  379  center or a classroom library or required as part of a school or
  380  grade-level reading list.
  381         4.Each district school board shall adopt and publish on
  382  its website the process for a parent to limit the books and
  383  media materials his or her student can access in the school’s
  384  library.
  385         (e) Public participation.—Publish on its website, in a
  386  searchable format prescribed by the department, a list of all
  387  instructional materials, including those used to provide
  388  instruction required by s. 1003.42. Each district school board
  389  must:
  390         1. Provide access to all materials, excluding teacher
  391  editions, in accordance with s. 1006.283(2)(b)8.a. before the
  392  district school board takes any official action on such
  393  materials. This process must include reasonable safeguards
  394  against the unauthorized use, reproduction, and distribution of
  395  instructional materials considered for adoption.
  396         2. Select, approve, adopt, or purchase all materials as a
  397  separate line item on the agenda and provide a reasonable
  398  opportunity for public comment. The use of materials described
  399  in this paragraph may not be selected, approved, or adopted as
  400  part of a consent agenda.
  401         3. Annually, beginning June 30, 2023, submit to the
  402  Commissioner of Education a report that identifies:
  403         a. Each material for which the school district received an
  404  objection pursuant to subparagraph (a)2., including the grade
  405  level and course the material was used in, for the school year
  406  and the specific objections thereto.
  407         b. Each material that was removed or discontinued as a
  408  result of an objection.
  409         c. Each material that was not removed or discontinued and
  410  the rationale for not removing or discontinuing the material The
  411  grade level and course for which a removed or discontinued
  412  material was used, as applicable.
  414  The department shall publish and regularly update a list of
  415  materials that were removed or discontinued as a result of an
  416  objection and disseminate the list to school districts for
  417  consideration in their selection procedures.
  418         (4) SCHOOL PRINCIPAL.—The school principal has the
  419  following duties for the management and care of materials at the
  420  school:
  421         (a) Proper use of instructional materials.—The principal
  422  shall assure that instructional materials are used to provide
  423  instruction to students enrolled at the grade level or levels
  424  for which the materials are designed, pursuant to adopted
  425  district school board rule. The school principal shall
  426  communicate to parents the manner in which instructional
  427  materials are used to implement the curricular objectives of the
  428  school and the procedures for contesting the adoption and use of
  429  instructional materials.
  430         (f) Selection of library media center materials.—School
  431  principals are responsible for overseeing compliance with school
  432  district procedures for selecting school library media center
  433  materials at the school to which they are assigned and notifying
  434  parents of the process for objecting to the use of specific
  435  materials.
  436         Section 7. Sections 1000.05(2), (3), (4)(a), (5), and
  437  (7)(d), 1001.453(2)(c), 1002.42(3)(a), 1003.27(2)(b) and (c),
  438  1003.42(3)(a), (c), (e), and (f), 1004.43(2), 1006.205(2)(b) and
  439  (3), 1009.23(7), 1009.24(10)(b), 1009.983(6), 1009.986(3)(e),
  440  and 1014.05(1)(c), (d), and (f), Florida Statutes, are reenacted
  441  for the purpose of incorporating the amendment made by this act
  442  to s. 1000.21, Florida Statutes, in references thereto.
  443         Section 8. If any provision of this act or its application
  444  to any person or circumstance is held invalid, the invalidity
  445  does not affect other provisions or applications of the act
  446  which can be given effect without the invalid provision or
  447  application, and to this end the provisions of this act are
  448  severable.
  449         Section 9. This act shall take effect July 1, 2023.