Florida Senate - 2023 SB 294
By Senator Rodriguez
40-00258-23 2023294__
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 that the history of Asian
5 Americans and Pacific Islanders be taught in the
6 public schools; requiring that instructional materials
7 used in teaching this subject area include specified
8 information; amending ss. 1006.148 and 1014.05, F.S.;
9 conforming cross-references; providing an effective
10 date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (2) of section 1003.42, Florida
15 Statutes, is amended to read:
16 1003.42 Required instruction.—
17 (2) Members of the instructional staff of the public
18 schools, subject to the rules of the State Board of Education
19 and the district school board, shall teach efficiently and
20 faithfully, using the books and materials required that meet the
21 highest standards for professionalism and historical accuracy,
22 following the prescribed courses of study, and employing
23 approved methods of instruction, the following:
24 (a) The history and content of the Declaration of
25 Independence, including national sovereignty, natural law, self
26 evident truth, equality of all persons, limited government,
27 popular sovereignty, and inalienable rights of life, liberty,
28 and property, and how they form the philosophical foundation of
29 our government.
30 (b) The history, meaning, significance, and effect of the
31 provisions of the Constitution of the United States and
32 amendments thereto, with emphasis on each of the 10 amendments
33 that make up the Bill of Rights and how the constitution
34 provides the structure of our government.
35 (c) The arguments in support of adopting our republican
36 form of government, as they are embodied in the most important
37 of the Federalist Papers.
38 (d) Flag education, including proper flag display and flag
39 salute.
40 (e) The elements of civil government, including the primary
41 functions of and interrelationships between the Federal
42 Government, the state, and its counties, municipalities, school
43 districts, and special districts.
44 (f) The history of the United States, including the period
45 of discovery, early colonies, the War for Independence, the
46 Civil War, the expansion of the United States to its present
47 boundaries, the world wars, and the civil rights movement to the
48 present. American history shall be viewed as factual, not as
49 constructed, shall be viewed as knowable, teachable, and
50 testable, and shall be defined as the creation of a new nation
51 based largely on the universal principles stated in the
52 Declaration of Independence.
53 (g)1. The history of the Holocaust (1933-1945), the
54 systematic, planned annihilation of European Jews and other
55 groups by Nazi Germany, a watershed event in the history of
56 humanity, to be taught in a manner that leads to an
57 investigation of human behavior, an understanding of the
58 ramifications of prejudice, racism, and stereotyping, and an
59 examination of what it means to be a responsible and respectful
60 person, for the purposes of encouraging tolerance of diversity
61 in a pluralistic society and for nurturing and protecting
62 democratic values and institutions, including the policy,
63 definition, and historical and current examples of anti
64 Semitism, as described in s. 1000.05(8), and the prevention of
65 anti-Semitism. Each school district must annually certify and
66 provide evidence to the department, in a manner prescribed by
67 the department, that the requirements of this paragraph are met.
68 The department shall prepare and offer standards and curriculum
69 for the instruction required by this paragraph and may seek
70 input from the Commissioner of Education’s Task Force on
71 Holocaust Education or from any state or nationally recognized
72 Holocaust educational organizations. The department may contract
73 with any state or nationally recognized Holocaust educational
74 organizations to develop training for instructional personnel
75 and grade-appropriate classroom resources to support the
76 developed curriculum.
77 2. The second week in November shall be designated as
78 “Holocaust Education Week” in this state in recognition that
79 November is the anniversary of Kristallnacht, widely recognized
80 as a precipitating event that led to the Holocaust.
81 (h) The history of African Americans, including the history
82 of African peoples before the political conflicts that led to
83 the development of slavery, the passage to America, the
84 enslavement experience, abolition, and the history and
85 contributions of Americans of the African diaspora to society.
86 Students shall develop an understanding of the ramifications of
87 prejudice, racism, and stereotyping on individual freedoms, and
88 examine what it means to be a responsible and respectful person,
89 for the purpose of encouraging tolerance of diversity in a
90 pluralistic society and for nurturing and protecting democratic
91 values and institutions. Instruction shall include the roles and
92 contributions of individuals from all walks of life and their
93 endeavors to learn and thrive throughout history as artists,
94 scientists, educators, businesspeople, influential thinkers,
95 members of the faith community, and political and governmental
96 leaders and the courageous steps they took to fulfill the
97 promise of democracy and unite the nation. Instructional
98 materials shall include the vital contributions of African
99 Americans to build and strengthen American society and celebrate
100 the inspirational stories of African Americans who prospered,
101 even in the most difficult circumstances. Instructional
102 personnel may facilitate discussions and use curricula to
103 address, in an age-appropriate manner, how the individual
104 freedoms of persons have been infringed by slavery, racial
105 oppression, racial segregation, and racial discrimination, as
106 well as topics relating to the enactment and enforcement of laws
107 resulting in racial oppression, racial segregation, and racial
108 discrimination and how recognition of these freedoms has
109 overturned these unjust laws. However, classroom instruction and
110 curriculum may not be used to indoctrinate or persuade students
111 to a particular point of view inconsistent with the principles
112 enumerated in subsection (3) or the state academic standards.
113 The department shall prepare and offer standards and curriculum
114 for the instruction required by this paragraph and may seek
115 input from the Commissioner of Education’s African American
116 History Task Force.
117 (i) The history of Asian Americans and Pacific Islanders,
118 including the immigration, citizenship, civil rights, identity,
119 and culture of Asian Americans and Pacific Islanders and the
120 contributions of Asian Americans and Pacific Islanders to
121 American society. Instructional materials must include the
122 contributions of Asian Americans and Pacific Islanders to
123 American society.
124 (j) The elementary principles of agriculture.
125 (k)(j) The true effects of all alcoholic and intoxicating
126 liquors and beverages and narcotics upon the human body and
127 mind.
128 (l)(k) Kindness to animals.
129 (m)(l) The history of the state.
130 (n)(m) The conservation of natural resources.
131 (o)(n) Comprehensive age-appropriate and developmentally
132 appropriate K-12 instruction on:
133 1. Health education that addresses concepts of community
134 health, consumer health, environmental health, and family life,
135 including:
136 a. Injury prevention and safety.
137 b. Internet safety.
138 c. Nutrition.
139 d. Personal health.
140 e. Prevention and control of disease.
141 f. Substance use and abuse.
142 g. Prevention of child sexual abuse, exploitation, and
143 human trafficking.
144 2. For students in grades 7 through 12, teen dating
145 violence and abuse. This component must include, but not be
146 limited to, the definition of dating violence and abuse, the
147 warning signs of dating violence and abusive behavior, the
148 characteristics of healthy relationships, measures to prevent
149 and stop dating violence and abuse, and community resources
150 available to victims of dating violence and abuse.
151 3. For students in grades 6 through 12, awareness of the
152 benefits of sexual abstinence as the expected standard and the
153 consequences of teenage pregnancy.
154 4. Life skills that build confidence, support mental and
155 emotional health, and enable students to overcome challenges,
156 including:
157 a. Self-awareness and self-management.
158 b. Responsible decisionmaking.
159 c. Resiliency.
160 d. Relationship skills and conflict resolution.
161 e. Understanding and respecting other viewpoints and
162 backgrounds.
163 f. For grades 9 through 12, developing leadership skills,
164 interpersonal skills, organization skills, and research skills;
165 creating a resume, including a digital resume; exploring career
166 pathways; using state career planning resources; developing and
167 practicing the skills necessary for employment interviews;
168 workplace ethics and workplace law; managing stress and
169 expectations; and self-motivation.
170
171 Health education and life skills instruction and materials may
172 not contradict the principles enumerated in subsection (3).
173 (p)(o) Such additional materials, subjects, courses, or
174 fields in such grades as are prescribed by law or by rules of
175 the State Board of Education and the district school board in
176 fulfilling the requirements of law.
177 (q)(p) The study of Hispanic contributions to the United
178 States.
179 (r)(q) The study of women’s contributions to the United
180 States.
181 (s)(r) The nature and importance of free enterprise to the
182 United States economy.
183 (t)(s) Civic and character education on the qualities and
184 responsibilities of patriotism and citizenship, including
185 kindness; respect for authority, life, liberty, and personal
186 property; honesty; charity; racial, ethnic, and religious
187 tolerance; and cooperation and, for grades 11 and 12, voting
188 using the uniform primary and general election ballot described
189 in s. 101.151(9).
190 (u)(t) In order to encourage patriotism, the sacrifices
191 that veterans and Medal of Honor recipients have made in serving
192 our country and protecting democratic values worldwide. Such
193 instruction must occur on or before Medal of Honor Day,
194 Veterans’ Day, and Memorial Day. Members of the instructional
195 staff are encouraged to use the assistance of local veterans and
196 Medal of Honor recipients when practicable.
197
198 The State Board of Education is encouraged to adopt standards
199 and pursue assessment of the requirements of this subsection.
200 Instructional programming that incorporates the values of the
201 recipients of the Congressional Medal of Honor and that is
202 offered as part of a social studies, English Language Arts, or
203 other schoolwide character building and veteran awareness
204 initiative meets the requirements of paragraph (u) (t).
205 Section 2. Paragraph (c) of subsection (1) of section
206 1006.148, Florida Statutes, is amended to read:
207 1006.148 Dating violence and abuse prohibited.—
208 (1) Each district school board shall adopt and implement a
209 dating violence and abuse policy. The policy shall:
210 (c) Define dating violence and abuse and provide for a teen
211 dating violence and abuse component in the health education
212 curriculum, according to s. 1003.42(2)(o)2. s. 1003.42(2)(n)2.,
213 with emphasis on prevention education.
214 Section 3. Paragraphs (d) and (f) of subsection (1) of
215 section 1014.05, Florida Statutes, are amended to read:
216 1014.05 School district notifications on parental rights.—
217 (1) Each district school board shall, in consultation with
218 parents, teachers, and administrators, develop and adopt a
219 policy to promote parental involvement in the public school
220 system. Such policy must include:
221 (d) Procedures, pursuant to s. 1002.20(3)(d), for a parent
222 to withdraw his or her minor child from any portion of the
223 school district’s comprehensive health education required under
224 s. 1003.42(2)(o) s. 1003.42(2)(n) that relates to sex education
225 or instruction in acquired immune deficiency syndrome education
226 or any instruction regarding sexuality if the parent provides a
227 written objection to his or her minor child’s participation.
228 Such procedures must provide for a parent to be notified in
229 advance of such course content so that he or she may withdraw
230 his or her minor child from those portions of the course.
231 (f) Procedures for a parent to learn about parental rights
232 and responsibilities under general law, including all of the
233 following:
234 1. Pursuant to s. 1002.20(3)(d), the right to opt his or
235 her minor child out of any portion of the school district’s
236 comprehensive health education required under s. 1003.42(2)(o)
237 s. 1003.42(2)(n) that relates to sex education instruction in
238 acquired immune deficiency syndrome education or any instruction
239 regarding sexuality.
240 2. A plan to disseminate information, pursuant to s.
241 1002.20(6), about school choice options, including open
242 enrollment.
243 3. In accordance with s. 1002.20(3)(b), the right of a
244 parent to exempt his or her minor child from immunizations.
245 4. In accordance with s. 1008.22, the right of a parent to
246 review statewide, standardized assessment results.
247 5. In accordance with s. 1003.57, the right of a parent to
248 enroll his or her minor child in gifted or special education
249 programs.
250 6. In accordance with s. 1006.28(2)(a)1., the right of a
251 parent to inspect school district instructional materials.
252 7. In accordance with s. 1008.25, the right of a parent to
253 access information relating to the school district’s policies
254 for promotion or retention, including high school graduation
255 requirements.
256 8. In accordance with s. 1002.20(14), the right of a parent
257 to receive a school report card and be informed of his or her
258 minor child’s attendance requirements.
259 9. In accordance with s. 1002.23, the right of a parent to
260 access information relating to the state public education
261 system, state standards, report card requirements, attendance
262 requirements, and instructional materials requirements.
263 10. In accordance with s. 1002.23(4), the right of a parent
264 to participate in parent-teacher associations and organizations
265 that are sanctioned by a district school board or the Department
266 of Education.
267 11. In accordance with s. 1002.222(1)(a), the right of a
268 parent to opt out of any district-level data collection relating
269 to his or her minor child not required by law.
270 Section 4. This act shall take effect July 1, 2023.