Florida Senate - 2024                                     SB 970
       
       
        
       By Senator Thompson
       
       
       
       
       
       15-01685-24                                            2024970__
    1                        A bill to be entitled                      
    2         An act relating to education; providing a short title;
    3         amending s. 447.309, F.S.; providing that faculty of
    4         state universities and Florida College System
    5         institutions have the right to engage in collective
    6         bargaining; providing that faculty members have the
    7         right to resolve contractual disputes through third
    8         party arbitration; amending s. 1001.03, F.S.; deleting
    9         the definition of the term “shield”; requiring the
   10         State Board of Education to ensure that Florida
   11         College System intuitions are not subject to political
   12         influence in academic affairs; requiring the board to
   13         ensure that such institutions have the autonomy to
   14         promote diversity, equity, and inclusion on their
   15         campuses; amending s. 1001.42, F.S.; requiring each
   16         district school board to ensure that students and
   17         personnel are not subject to ideological training or
   18         instruction; amending s. 1001.706, F.S.; deleting the
   19         definition of the term “shield”; requiring the Board
   20         of Governors to ensure that state universities are not
   21         subject to political influence in academic affairs;
   22         requiring the board to ensure that state universities
   23         have the autonomy to promote diversity, equity, and
   24         inclusion on their campuses; amending s. 1001.7415,
   25         F.S.; conforming a provision to a change made by the
   26         act; amending s. 1002.22, F.S.; providing that K-12
   27         students and their parents have the right not to be
   28         recorded or surveilled in the classroom without
   29         express consent; amending s. 1004.01, F.S.; revising
   30         the statement of purpose and mission of public
   31         postsecondary education to include ensuring that
   32         students have an inalienable right to pursue education
   33         without governmental or institutional interference;
   34         amending s. 1004.06, F.S.; conforming a provision to
   35         changes made by the act; creating s. 1012.802, F.S.;
   36         granting faculty members at public postsecondary
   37         institutions the right to negotiate their annual
   38         assignments with certain entities; requiring that such
   39         negotiations be free from interference by governing
   40         bodies; amending s. 1012.83, F.S.; requiring that non
   41         tenure track faculty at Florida College System
   42         institutions have access to specified contracts;
   43         creating s. 1012.979, F.S.; requiring that non-tenure
   44         track faculty members at state universities have
   45         access to specified contracts; providing for
   46         rulemaking; providing an effective date.
   47          
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. This act may be cited as the “Florida
   51  Educational Freedoms Act.”
   52         Section 2. Subsection (6) is added to section 447.309,
   53  Florida Statutes, to read:
   54         447.309 Collective bargaining; approval or rejection.—
   55         (6) Faculty of state universities and Florida College
   56  System institutions have the right to engage in collective
   57  bargaining. This right allows faculty members to negotiate in a
   58  transparent and fair work environment on matters related to
   59  their employment terms, conditions, and protections. Faculty
   60  also have the right to resolve contractual disputes through
   61  third-party, neutral arbitration.
   62         Section 3. Paragraphs (a) and (c) of subsection (20) of
   63  section 1001.03, Florida Statutes, are amended, and paragraph
   64  (d) is added to that subsection, to read:
   65         1001.03 Specific powers of State Board of Education.—
   66         (20) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY
   67  ASSESSMENT.—
   68         (a) For the purposes of this subsection, the term:
   69         1. “intellectual freedom and viewpoint diversity” means the
   70  exposure of students, faculty, and staff to, and the
   71  encouragement of their exploration of, a variety of ideological
   72  and political perspectives.
   73         2. “Shield” means to limit students’, faculty members’, or
   74  staff members’ access to, or observation of, ideas and opinions
   75  that they may find uncomfortable, unwelcome, disagreeable, or
   76  offensive.
   77         (c) The State Board of Education shall ensure that Florida
   78  College System institutions are free from undue political
   79  influence and interference in academic affairs, including
   80  curriculum design, faculty appointments, research activities,
   81  and administrative operations may not shield students, faculty,
   82  or staff at Florida College System institutions from free speech
   83  protected under the First Amendment to the United States
   84  Constitution, Art. I of the State Constitution, or s. 1004.097.
   85         (d) The State Board of Education shall ensure that each
   86  Florida College System institution is granted autonomy to
   87  design, develop, and implement programs aimed at promoting
   88  diversity, equity, and inclusion (DEI) on its campus. These DEI
   89  initiatives should further the institution’s mission, vision,
   90  and goals and foster a holistic, competitive, and inclusive
   91  learning environment.
   92         Section 4. Present subsection (29) of section 1001.42,
   93  Florida Statutes, is redesignated as subsection (30), and a new
   94  subsection (29) is added to that section, to read:
   95         1001.42 Powers and duties of district school board.—The
   96  district school board, acting as a board, shall exercise all
   97  powers and perform all duties listed below:
   98         (29) IDEOLOGICAL TRAINING.—Ensure that students and
   99  personnel are not subject to compulsory ideological training or
  100  instruction, compelled speech, or censorship in classrooms.
  101         Section 5. Paragraphs (a) and (c) of subsection (13) of
  102  section 1001.706, Florida Statutes, are amended, and paragraph
  103  (d) is added to that subsection, to read:
  104         1001.706 Powers and duties of the Board of Governors.—
  105         (13) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY
  106  ASSESSMENT.—
  107         (a) For the purposes of this subsection, the term:
  108         1. “intellectual freedom and viewpoint diversity” means the
  109  exposure of students, faculty, and staff to, and the
  110  encouragement of their exploration of, a variety of ideological
  111  and political perspectives.
  112         2. “Shield” means to limit students’, faculty members’, or
  113  staff members’ access to, or observation of, ideas and opinions
  114  that they may find uncomfortable, unwelcome, disagreeable, or
  115  offensive.
  116         (c) The Board of Governors shall ensure that state
  117  universities are free from undue political influence and
  118  interference in academic affairs, including curriculum design,
  119  faculty appointments, research activities, and administrative
  120  operations may not shield students, faculty, or staff at state
  121  universities from free speech protected under the First
  122  Amendment to the United States Constitution, Art. I of the State
  123  Constitution, or s. 1004.97.
  124         (d) The Board of Governors shall ensure that each state
  125  university is granted autonomy to design, develop, and implement
  126  programs aimed at promoting diversity, equity, and inclusion
  127  (DEI) on its campus. These DEI initiatives should further the
  128  university’s mission, vision, and goals and foster a holistic,
  129  competitive, and inclusive learning environment.
  130         Section 6. Paragraph (b) of subsection (1) of section
  131  1001.7415, Florida Statutes, is amended to read:
  132         1001.7415 State university boards of trustees; personnel;
  133  loyalty tests and ideological preference prohibited.—
  134         (1)
  135         (b)1. A political loyalty test includes compelling,
  136  requiring, or soliciting a person to identify commitment to or
  137  to make a statement of personal belief in support of:
  138         a. Any ideology or movement that promotes the differential
  139  treatment of a person or a group of persons based on race or
  140  ethnicity, including an initiative or a formulation of
  141  diversity, equity, and inclusion beyond upholding the equal
  142  protection of the laws guaranteed by the Fourteenth Amendment to
  143  the United States Constitution or a theory or practice that
  144  holds that systems or institutions upholding the equal
  145  protection of the laws guaranteed by the Fourteenth Amendment of
  146  the United States Constitution are racist, oppressive, or
  147  otherwise unjust; or
  148         b. A specific partisan, political, or ideological set of
  149  beliefs.
  150         2. A political loyalty test does not include fidelity to,
  151  or an oath or effort taken to uphold, general and federal law,
  152  the United States Constitution, or the State Constitution.
  153         Section 7. Paragraph (f) is added to subsection (2) of
  154  section 1002.22, Florida Statutes, to read:
  155         1002.22 Education records and reports of K-12 students;
  156  rights of parents and students; notification; penalty.—
  157         (2) RIGHTS OF STUDENTS AND PARENTS.—The rights of students
  158  and their parents with respect to education records created,
  159  maintained, or used by public educational institutions and
  160  agencies shall be protected in accordance with the Family
  161  Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g,
  162  the implementing regulations issued pursuant thereto, and this
  163  section. In order to maintain the eligibility of public
  164  educational institutions and agencies to receive federal funds
  165  and participate in federal programs, the State Board of
  166  Education shall comply with the FERPA after the board has
  167  evaluated and determined that the FERPA is consistent with the
  168  following principles:
  169         (f) Students and their parents shall have the right not to
  170  be surveilled or recorded in the classroom with audio or video
  171  recording equipment without express consent.
  172         Section 8. Subsection (2) of section 1004.01, Florida
  173  Statutes, is amended to read:
  174         1004.01 Statement of purpose and mission.—
  175         (2) The mission of the state system of postsecondary
  176  education is to develop human resources, to discover and
  177  disseminate knowledge, to extend knowledge and its application
  178  beyond the boundaries of its campuses, and to develop in
  179  students heightened intellectual, cultural, and humane
  180  sensitivities; scientific, professional, and technological
  181  expertise; and a sense of purpose. Inherent in this broad
  182  mission are methods of instruction, research, extended training,
  183  and public service designed to educate people and improve the
  184  human condition. The mission also includes ensuring that every
  185  student enrolled in a state university or Florida College System
  186  institution has the inalienable right to pursue education across
  187  all academic disciplines, devoid of governmental or
  188  institutional interference. This freedom includes, but is not
  189  limited to, the right to select, drop, or change courses and
  190  areas of study without facing pressure or restrictions based on
  191  political or ideological grounds.
  192         Section 9. Subsection (2) of section 1004.06, Florida
  193  Statutes, is amended to read:
  194         1004.06 Prohibited expenditures.—
  195         (2) A Florida College System institution, state university,
  196  Florida College System institution direct-support organization,
  197  or state university direct-support organization may not expend
  198  any state or federal funds to promote, support, or maintain any
  199  programs or campus activities that:
  200         (a) Violate s. 1000.05; or
  201         (b) Advocate for diversity, equity, and inclusion, or
  202  Promote or engage in political or social activism, as defined by
  203  rules of the State Board of Education and regulations of the
  204  Board of Governors.
  205  
  206  Student fees to support student-led organizations are permitted
  207  notwithstanding any speech or expressive activity by such
  208  organizations which would otherwise violate this subsection,
  209  provided that the public funds must be allocated to student-led
  210  organizations pursuant to written policies or regulations of
  211  each Florida College System institution or state university, as
  212  applicable. Use of institution facilities by student-led
  213  organizations is permitted notwithstanding any speech or
  214  expressive activity by such organizations which would otherwise
  215  violate this subsection, provided that such use must be granted
  216  to student-led organizations pursuant to written policies or
  217  regulations of each Florida College System institution or state
  218  university, as applicable.
  219         Section 10. Section 1012.802, Florida Statutes, is created
  220  to read:
  221         1012.802 Faculty assignments.—Faculty members at public
  222  postsecondary institutions have the right to negotiate their
  223  annual assignments with their respective department chairs and
  224  academic officers. This negotiation process must be free from
  225  interference by the institution’s board of trustees or any
  226  governing body and must maintain faculty members’ professional
  227  autonomy.
  228         Section 11. Subsection (3) is added to section 1012.83,
  229  Florida Statutes, to read:
  230         1012.83 Contracts with administrative and instructional
  231  staff.—
  232         (3) Non-tenure track faculty members shall have access to
  233  continuing contracts that cannot be revoked without due process
  234  rights equivalent to those held by tenured faculty members. This
  235  subsection guarantees a just and transparent process for
  236  employment security and academic freedom for all faculty
  237  members, regardless of tenure status.
  238         Section 12. Section 1012.979, Florida Statutes, is created
  239  to read:
  240         1012.979Employment protections and due process rights for
  241  non-tenure track faculty.—Non-tenure track faculty members shall
  242  have access to continuing contracts that cannot be revoked
  243  without due process rights equivalent to those held by tenured
  244  faculty members. This section guarantees a just and transparent
  245  process for employment security and academic freedom for all
  246  faculty members, regardless of tenure status.
  247         Section 13. The State Board of Education shall adopt rules,
  248  and the Board of Governors shall adopt regulations, to implement
  249  this act, enforce compliance among applicable entities, and
  250  develop a process to address violations.
  251         Section 14. This act shall take effect upon becoming a law.