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.
   12  Be It Enacted by the Legislature of the State of Florida:
   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.
  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.
  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.