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 in curriculum frameworks
   30  adopted by rule 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  district each state instructional materials reviewer.—The duties
  110  of the each state instructional 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 3 2 years 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 3 2 years 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 3 2 years 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 department state
  314  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 descriptions curriculum frameworks and 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 applicable to Next Generation Sunshine state
  357  standards and course descriptions benchmarks and 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.