Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS for CS for SB 1388 Barcode 397600 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 04/29/2013 04:59 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Montford moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (b) of subsection (1) section 1006.28, 6 Florida Statutes, is amended to read: 7 1006.28 Duties of district school board, district school 8 superintendent; and school principal regarding K-12 9 instructional materials.— 10 (1) DISTRICT SCHOOL BOARD.—The district school board has 11 the duty to provide adequate instructional materials for all 12 students in accordance with the requirements of this part. The 13 term “adequate instructional materials” means a sufficient 14 number of student or site licenses or sets of materials that are 15 available in bound, unbound, kit, or package form and may 16 consist of hardbacked or softbacked textbooks, electronic 17 content, consumables, learning laboratories, manipulatives, 18 electronic media, and computer courseware or software that serve 19 as the basis for instruction for each student in the core 20 courses of mathematics, language arts, social studies, science, 21 reading, and literature. The district school board has the 22 following specific duties: 23 (b) Instructional materials.—Provide for proper 24 requisitioning, distribution, accounting, storage, care, and use 25 of all instructional materials and furnish such other 26 instructional materials as may be needed. The district school 27 board shall ensure that instructional materials used in the 28 district are consistent with the district goals and objectives 29 and the course descriptions established incurriculum frameworks30adoptedbyrule of the State Board of Education, as well as with 31 the state and district performance standards provided for in s. 32 1001.03(1). 33 Section 2. Section 1006.283, Florida Statutes, is created 34 to read: 35 1006.283 District school board instructional materials 36 review process.— 37 (1) A school board or consortium of school districts may 38 implement an instructional materials program that includes the 39 review, approval, adoption, and purchase of instructional 40 materials. Beginning in the 2013-2014 school year, the district 41 school superintendent shall certify to the department by March 42 31 of each year that all instructional materials for core 43 courses used by the district are aligned with applicable state 44 standards. Included in the certification shall be a list of the 45 core instructional materials that will be used or purchased for 46 use by the school district. 47 (2) The school board shall adopt rules implementing the 48 district’s instructional materials program which must include, 49 but need not be limited to: 50 (a) Its review and purchase process. 51 (b) Identification of a review cycle for instructional 52 materials. 53 (c) The duties and qualifications of the instructional 54 materials reviewers. 55 (d) The requirements for an affidavit made by a district 56 instructional materials reviewer which substantially includes 57 the requirements of s. 1006.30. 58 (e) Compliance with s. 1006.32, relating to prohibited 59 acts. 60 (f) A process that certifies the accuracy of instructional 61 materials. 62 (g) The incorporation of applicable requirements of s. 63 1006.31, which relates to the duties of instructional material 64 reviewers. 65 (h) The incorporation of applicable requirements of s. 66 1006.38, relating to the duties, responsibilities, and 67 requirements of publishers of instructional materials. 68 (i) The process by which instructional materials will be 69 purchased, including advertising, bidding, and purchasing 70 requirements. 71 (3)(a) The school board may assess and collect fees from 72 publishers participating in the instructional materials approval 73 process. The amount assessed and collected must be posted on the 74 school district’s website and reported to the department. The 75 fees may not exceed the actual cost of the review process, and 76 the fees may not exceed $3,500 per submission by a publisher. 77 Any fees collected for this process shall be allocated for the 78 support of the review process and maintained in a separate line 79 item for auditing purposes. 80 (b) The fees shall be used to cover the actual cost of 81 substitute teachers for each workday that a member of a school 82 district’s instructional staff is absent from his or her 83 assigned duties for the purpose of rendering service as an 84 instructional materials reviewer. In addition, each reviewer may 85 be paid a stipend and is entitled to reimbursement for travel 86 expenses and per diem in accordance with s. 112.061 for actual 87 service in meetings. 88 (4) Instructional materials that have been reviewed by the 89 district instructional materials reviewers and approved must 90 have been determined to align with all applicable state 91 standards pursuant to s. 1003.41 and the requirements in s. 92 1006.31. The district school superintendent shall annually 93 certify to the department that all instructional materials for 94 core courses used by the district are aligned with all 95 applicable state standards. 96 (5) A publisher that offers instructional materials to a 97 district school board must provide such materials at a price 98 that, including all costs of electronic transmission, does not 99 exceed the lowest price at which the publisher offers such 100 instructional materials for approval or sale to any state or 101 school district in the United States. 102 (6) A publisher shall reduce automatically the price of the 103 instructional materials to the district school board to the 104 extent that reductions in price are made elsewhere in the United 105 States. 106 Section 3. Section 1006.31, Florida Statutes, is amended to 107 read: 108 1006.31 Duties of the Department of Education and school 109 districteach stateinstructional materials reviewer.—The duties 110 of theeach stateinstructional materials reviewer are: 111 (1) PROCEDURES.—To adhere to procedures prescribed by the 112 department or the district for evaluating instructional 113 materials submitted by publishers and manufacturers in each 114 adoption. This section applies to both the state and district 115 approval processes. 116 (2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To evaluate 117 carefully all instructional materials submitted, in order to 118 ascertain which instructional materials, if any, submitted for 119 consideration implement the selection criteria developed by the 120 department and those curricular objectives included within 121 applicable performance standards provided for in s. 1001.03(1). 122 (a) When recommending instructional materials for use in 123 the schools, each reviewer shall include only instructional 124 materials that accurately portray the ethnic, socioeconomic, 125 cultural, and racial diversity of our society, including men and 126 women in professional, career, and executive roles, and the role 127 and contributions of the entrepreneur and labor in the total 128 development of this state and the United States. 129 (b) When recommending instructional materials for use in 130 the schools, each reviewer shall include only materials that 131 accurately portray, whenever appropriate, humankind’s place in 132 ecological systems, including the necessity for the protection 133 of our environment and conservation of our natural resources and 134 the effects on the human system of the use of tobacco, alcohol, 135 controlled substances, and other dangerous substances. 136 (c) When recommending instructional materials for use in 137 the schools, each reviewer shall require such materials as he or 138 she deems necessary and proper to encourage thrift, fire 139 prevention, and humane treatment of people and animals. 140 (d) When recommending instructional materials for use in 141 the schools, each reviewer shall require, when appropriate to 142 the comprehension of students, that materials for social 143 science, history, or civics classes contain the Declaration of 144 Independence and the Constitution of the United States. A 145 reviewer may not recommend any instructional materials for use 146 in the schools which contain any matter reflecting unfairly upon 147 persons because of their race, color, creed, national origin, 148 ancestry, gender, or occupation. 149 (e) Any instructional material recommended by each reviewer 150 for use in the schools shall be, to the satisfaction of each 151 reviewer, accurate, objective, and current and suited to the 152 needs and comprehension of students at their respective grade 153 levels. Reviewers shall consider for adoption materials 154 developed for academically talented students such as those 155 enrolled in advanced placement courses. 156 (3) REPORT OF REVIEWERS.— After a thorough study of all 157 data submitted on each instructional material, to submit an 158 electronic report to the department. The report shall be made 159 public and must include responses to each section of the report 160 format prescribed by the department. 161 Section 4. Subsection (1) of section 1006.37, Florida 162 Statutes, is amended, and subsection (3) is added to that 163 section, to read: 164 1006.37 Requisition of instructional materials from 165 publisher’s depository.— 166 (1) The district school superintendent shall requisition 167 adopted instructional materials from the depository of the 168 publisher with whom a contract has been made. However, the 169 superintendent shall requisition current instructional materials 170 to provide each student with a textbook or other materials as a 171 major tool of instruction in core courses of the subject areas 172 specified in s. 1006.40(2). These materials must be 173 requisitioned within the first 32years of the adoption cycle, 174 except for instructional materials related to growth of student 175 membership or instructional materials maintenance needs. The 176 superintendent may requisition instructional materials in the 177 core subject areas specified in s. 1006.40(2) that are related 178 to growth of student membership or instructional materials 179 maintenance needs during the 3rd, 4th, 5th, and 6th years of the 180 original contract period. 181 (3) A district school board or a consortium of school 182 districts which implements an instructional materials program 183 pursuant to s. 1006.283 is not required to requisition 184 instructional materials from the publisher’s depository. 185 Section 5. Section 1006.38, Florida Statutes, is amended to 186 read: 187 1006.38 Duties, responsibilities, and requirements of 188 instructional materials publishers and manufacturers.—This 189 section applies to both the state and district approval 190 processes. Publishers and manufacturers of instructional 191 materials, or their representatives, shall: 192 (1) Comply with all provisions of this part. 193 (2) Electronically deliver fully developed sample copies of 194 all instructional materials upon which bids are based to the 195 department pursuant to procedures adopted by the State Board of 196 Education. 197 (3) Submit, at a time designated in s. 1006.33, the 198 following information: 199 (a) Detailed specifications of the physical characteristics 200 of the instructional materials, including any software or 201 technological tools required for use by the district, school, 202 teachers, or students. The publisher or manufacturer shall 203 comply with these specifications if the instructional materials 204 are adopted and purchased in completed form. 205 (b) Evidence that the publisher or manufacturer has 206 provided materials that address the performance standards 207 provided for in s. 1001.03(1) and that can be accessed through 208 the district’s local instructional improvement system and a 209 variety of electronic, digital, and mobile devices. 210 (c) Evidence that the instructional materials include 211 specific references to statewide standards in the teacher’s 212 manual and incorporate such standards into chapter tests or the 213 assessments. 214 (4) Make available for purchase by any district school 215 board any diagnostic, criterion-referenced, or other tests that 216 they may develop. 217 (5) Furnish the instructional materials offered by them at 218 a price in the state which, including all costs of electronic 219 transmission, may not exceed the lowest price at which they 220 offer such instructional materials for adoption or sale to any 221 state or school district in the United States. 222 (6) Reduce automatically the price of the instructional 223 materials to any district school board to the extent that 224 reductions are made elsewhere in the United States. 225 (7) Provide any instructional materials free of charge in 226 the state to the same extent as they are provided free of charge 227 to any state or school district in the United States. 228 (8) Guarantee that all copies of any instructional 229 materials sold in this state will be at least equal in quality 230 to the copies of such instructional materials that are sold 231 elsewhere in the United States and will be kept revised, free 232 from all errors, and up-to-date as may be required by the 233 department. 234 (9) Agree that any supplementary material developed at the 235 district or state level does not violate the author’s or 236 publisher’s copyright, provided such material is developed in 237 accordance with the doctrine of fair use. 238 (10) Not in any way, directly or indirectly, become 239 associated or connected with any combination in restraint of 240 trade in instructional materials, nor enter into any 241 understanding, agreement, or combination to control prices or 242 restrict competition in the sale of instructional materials for 243 use in the state. 244 (11) Maintain or contract with a depository in the state. 245 (12) For the core subject areas specified in s. 1006.40(2), 246 maintain in the depository for the first 32years of the 247 contract an inventory of instructional materials sufficient to 248 receive and fill orders. 249 (13) For the core subject areas specified in s. 1006.40(2), 250 ensure the availability of an inventory sufficient to receive 251 and fill orders for instructional materials for growth, 252 including the opening of a new school, and replacement during 253 the 3rd and subsequent years of the original contract period. 254 (14) Accurately and fully disclose only the names of those 255 persons who actually authored the instructional materials. In 256 addition to the penalties provided in subsection (16), the 257 commissioner may remove from the list of state-adopted 258 instructional materials those instructional materials whose 259 publisher or manufacturer misleads the purchaser by falsely 260 representing genuine authorship. 261 (15) Grant, without prior written request, for any 262 copyright held by the publisher or its agencies automatic 263 permission to the department or its agencies for the 264 reproduction of instructional materials and supplementary 265 materials in Braille, large print, or other appropriate format 266 for use by visually impaired students or other students with 267 disabilities that would benefit from use of the materials. 268 (16) Upon the willful failure of the publisher or 269 manufacturer to comply with the requirements of this section, be 270 liable to the department in the amount of three times the total 271 sum which the publisher or manufacturer was paid in excess of 272 the price required under subsections (5) and (6) and in the 273 amount of three times the total value of the instructional 274 materials and services which the district school board is 275 entitled to receive free of charge under subsection (7). 276 Section 6. Subsection (2) and paragraph (a) of subsection 277 (3) of section 1006.40, Florida Statutes, are amended to read: 278 1006.40 Use of instructional materials allocation; 279 instructional materials, library books, and reference books; 280 repair of books.— 281 (2) Each district school board must purchase current 282 instructional materials to provide each student with a major 283 tool of instruction in core courses of the subject areas of 284 mathematics, language arts, science, social studies, reading, 285 and literature for kindergarten through grade 12. Such purchase 286 must be made within the first 32years after the effective date 287 of the adoption cycle. For the 2012-2013 mathematics adoption, a 288 district using a comprehensive mathematics instructional 289 materials program adopted in the 2009-2010 adoption shall be 290 deemed in compliance with this subsection if it provides each 291 student with such additional state-adopted materials as may be 292 necessary to align the previously adopted comprehensive program 293 to common core standards and the other criteria of the 2012-2013 294 mathematics adoption. 295 (3)(a) By the 2015-2016 fiscal year, each district school 296 board shall use at least 50 percent of the annual allocation for 297 the purchase of digital or electronic instructional materials 298 that align with state standards included on the state-adopted 299 list, except as otherwise authorized in paragraphs (b) and (c). 300 This subsection does not apply to a district school board or a 301 consortium of school districts which implements an instructional 302 materials program pursuant to s. 1006.283, except that by the 303 2015-2016 fiscal year, each district school board shall use at 304 least 50 percent of the annual allocation for the purchase of 305 digital or electronic instructional materials that align with 306 state standards. 307 Section 7. Paragraphs (o) and (p) of subsection (6) of 308 section 1001.10, Florida Statutes, are amended to read: 309 1001.10 Commissioner of Education; general powers and 310 duties.— 311 (6) Additionally, the commissioner has the following 312 general powers and duties: 313 (o) To develop criteria for use by departmentstate314 instructional materials reviewers in evaluating materials 315 submitted for adoption consideration. The criteria shall, as 316 appropriate, be based on instructional expectations reflected in 317 course descriptionscurriculum frameworksand student 318 performance standards. The criteria for each subject or course 319 shall be made available to publishers and manufacturers of 320 instructional materials pursuant to the requirements of chapter 321 1006. 322 (p) To prescribe procedures for evaluating instructional 323 materials submitted by publishers and manufacturers in each 324 adoption. 325 Section 8. Paragraph (b) of subsection (6) of section 326 1011.62, Florida Statutes, is amended to read: 327 1011.62 Funds for operation of schools.—If the annual 328 allocation from the Florida Education Finance Program to each 329 district for operation of schools is not determined in the 330 annual appropriations act or the substantive bill implementing 331 the annual appropriations act, it shall be determined as 332 follows: 333 (6) CATEGORICAL FUNDS.— 334 (b) If a district school board finds and declares in a 335 resolution adopted at a regular meeting of the school board that 336 the funds received for any of the following categorical 337 appropriations are urgently needed to maintain school board 338 specified academic classroom instruction, the school board may 339 consider and approve an amendment to the school district 340 operating budget transferring the identified amount of the 341 categorical funds to the appropriate account for expenditure: 342 1. Funds for student transportation. 343 2. Funds for safe schools. 344 3. Funds for supplemental academic instruction if the 345 required additional hour of instruction beyond the normal school 346 day for each day of the entire school year has been provided for 347 the students in each low-performing elementary school in the 348 district pursuant to paragraph (1)(f). 349 4. Funds for research-based reading instruction if the 350 required additional hour of instruction beyond the normal school 351 day for each day of the entire school year has been provided for 352 the students in each low-performing elementary school in the 353 district pursuant to paragraph (9)(a). 354 5. Funds for instructional materials if all instructional 355 material purchases necessary to provide updated materials that 356 are aligned with applicableto Next Generation Sunshinestate 357 standards and course descriptionsbenchmarksand that meet 358 statutory requirements of content and learning have been 359 completed for that fiscal year, but no sooner than March 1. 360 Funds available after March 1 may be used to purchase hardware 361 for student instruction. 362 Section 9. This act shall take effect July 1, 2013. 363 364 ================= T I T L E A M E N D M E N T ================ 365 And the title is amended as follows: 366 Delete everything before the enacting clause 367 and insert: 368 A bill to be entitled 369 An act relating to instructional materials for K-12 370 public education; amending s. 1006.28, F.S.; revising 371 the duties of a district school board with regard to 372 instructional materials; creating s. 1006.283, F.S.; 373 authorizing a district school board or a consortium of 374 school districts to implement an instructional 375 materials program; requiring the district 376 superintendent to certify to the Department of 377 Education that instructional materials for core 378 courses align with applicable state standards; 379 requiring the district school board to adopt rules; 380 authorizing the district school board to assess and 381 collect fees from a publisher that participates in the 382 instructional materials review process; requiring the 383 fee amount to be posted on the school district’s 384 website and reported to the department; providing a 385 limit on fees; providing for a stipend, reimbursement 386 for travel expenses, and per diem for reviewers; 387 requiring instructional materials that are approved by 388 the district instructional materials reviewers to be 389 aligned with applicable state standards; requiring 390 each district school superintendent to annually 391 certify that the instructional materials for core 392 courses used by the district align with applicable 393 state standards; providing pricing requirements for 394 instructional materials; amending s. 1006.31, F.S.; 395 revising the procedure for evaluating instructional 396 materials; amending s. 1006.37, F.S.; revising the 397 time period in which the superintendent must 398 requisition instructional materials; providing that a 399 district school board or a consortium of school 400 districts which implements an instructional materials 401 program is not required to requisition instructional 402 materials from the publisher’s depository; amending s. 403 1006.38, F.S.; providing for applicability; revising 404 duties of publishers and manufacturers; amending s. 405 1006.40, F.S.; revising the allocation for 406 instructional materials; providing for applicability; 407 amending s. 1001.10, F.S.; revising the duties of the 408 Commissioner of Education with regard to instructional 409 materials; amending s. 1011.62, F.S.; conforming 410 provisions to changes made by the act; providing an 411 effective date.