CS for CS for SB 1388 Second Engrossed 20131388e2 1 A bill to be entitled 2 An act relating to instructional materials for K-12 3 public education; amending s. 1006.28, F.S.; revising 4 the duties of a district school board with regard to 5 instructional materials; creating s. 1006.283, F.S.; 6 authorizing a district school board or a consortium of 7 school districts to implement an instructional 8 materials program; requiring the district 9 superintendent to certify to the Department of 10 Education that instructional materials for core 11 courses align with applicable state standards; 12 requiring the district school board to adopt rules; 13 authorizing the district school board to assess and 14 collect fees from a publisher that participates in the 15 instructional materials review process; requiring the 16 fee amount to be posted on the school district’s 17 website and reported to the department; providing a 18 limit on fees; providing for a stipend, reimbursement 19 for travel expenses, and per diem for reviewers; 20 requiring instructional materials that are approved by 21 the district instructional materials reviewers to be 22 aligned with applicable state standards; requiring 23 each district school superintendent to annually 24 certify that the instructional materials for core 25 courses used by the district align with applicable 26 state standards; providing pricing requirements for 27 instructional materials; amending s. 1006.31, F.S.; 28 revising the procedure for evaluating instructional 29 materials; amending s. 1006.37, F.S.; revising the 30 time period in which the superintendent must 31 requisition instructional materials; providing that a 32 district school board or a consortium of school 33 districts which implements an instructional materials 34 program is not required to requisition instructional 35 materials from the publisher’s depository; amending s. 36 1006.38, F.S.; providing for applicability; revising 37 duties of publishers and manufacturers; amending s. 38 1006.40, F.S.; revising the allocation for 39 instructional materials; providing for applicability; 40 amending s. 1001.10, F.S.; revising the duties of the 41 Commissioner of Education with regard to instructional 42 materials; amending s. 1011.62, F.S.; conforming 43 provisions to changes made by the act; providing an 44 effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. Paragraph (b) of subsection (1) of section 49 1006.28, Florida Statutes, is amended to read: 50 1006.28 Duties of district school board, district school 51 superintendent; and school principal regarding K-12 52 instructional materials.— 53 (1) DISTRICT SCHOOL BOARD.—The district school board has 54 the duty to provide adequate instructional materials for all 55 students in accordance with the requirements of this part. The 56 term “adequate instructional materials” means a sufficient 57 number of student or site licenses or sets of materials that are 58 available in bound, unbound, kit, or package form and may 59 consist of hardbacked or softbacked textbooks, electronic 60 content, consumables, learning laboratories, manipulatives, 61 electronic media, and computer courseware or software that serve 62 as the basis for instruction for each student in the core 63 courses of mathematics, language arts, social studies, science, 64 reading, and literature. The district school board has the 65 following specific duties: 66 (b) Instructional materials.—Provide for proper 67 requisitioning, distribution, accounting, storage, care, and use 68 of all instructional materials and furnish such other 69 instructional materials as may be needed. The district school 70 board shall ensure that instructional materials used in the 71 district are consistent with the district goals and objectives 72 and the course descriptions established incurriculum frameworks73adopted byrule of the State Board of Education, as well as with 74 the state and district performance standards provided for in s. 75 1001.03(1). 76 Section 2. Section 1006.283, Florida Statutes, is created 77 to read: 78 1006.283 District school board instructional materials 79 review process.— 80 (1) A school board or consortium of school districts may 81 implement an instructional materials program that includes the 82 review, approval, adoption, and purchase of instructional 83 materials. Beginning in the 2013-2014 school year, the district 84 school superintendent shall certify to the department by March 85 31 of each year that all instructional materials for core 86 courses used by the district are aligned with applicable state 87 standards. Included in the certification shall be a list of the 88 core instructional materials that will be used or purchased for 89 use by the school district. 90 (2) The school board shall adopt rules implementing the 91 district’s instructional materials program which must include, 92 but need not be limited to: 93 (a) Its review and purchase process. 94 (b) Identification of a review cycle for instructional 95 materials. 96 (c) The duties and qualifications of the instructional 97 materials reviewers. 98 (d) The requirements for an affidavit made by a district 99 instructional materials reviewer which substantially includes 100 the requirements of s. 1006.30. 101 (e) Compliance with s. 1006.32, relating to prohibited 102 acts. 103 (f) A process that certifies the accuracy of instructional 104 materials. 105 (g) The incorporation of applicable requirements of s. 106 1006.31, which relates to the duties of instructional materials 107 reviewers. 108 (h) The incorporation of applicable requirements of s. 109 1006.38, relating to the duties, responsibilities, and 110 requirements of publishers of instructional materials. 111 (i) The process by which instructional materials will be 112 purchased, including advertising, bidding, and purchasing 113 requirements. 114 (3)(a) The school board may assess and collect fees from 115 publishers participating in the instructional materials approval 116 process. The amount assessed and collected must be posted on the 117 school district’s website and reported to the department. The 118 fees may not exceed the actual cost of the review process, and 119 the fees may not exceed $3,500 per submission by a publisher. 120 Any fees collected for this process shall be allocated for the 121 support of the review process and maintained in a separate line 122 item for auditing purposes. 123 (b) The fees shall be used to cover the actual cost of 124 substitute teachers for each workday that a member of a school 125 district’s instructional staff is absent from his or her 126 assigned duties for the purpose of rendering service as an 127 instructional materials reviewer. In addition, each reviewer may 128 be paid a stipend and is entitled to reimbursement for travel 129 expenses and per diem in accordance with s. 112.061 for actual 130 service in meetings. 131 (4) Instructional materials that have been reviewed by the 132 district instructional materials reviewers and approved must 133 have been determined to align with all applicable state 134 standards pursuant to s. 1003.41 and the requirements in s. 135 1006.31. The district school superintendent shall annually 136 certify to the department that all instructional materials for 137 core courses used by the district are aligned with all 138 applicable state standards. 139 (5) A publisher that offers instructional materials to a 140 district school board must provide such materials at a price 141 that, including all costs of electronic transmission, does not 142 exceed the lowest price at which the publisher offers such 143 instructional materials for approval or sale to any state or 144 school district in the United States. 145 (6) A publisher shall reduce automatically the price of the 146 instructional materials to the district school board to the 147 extent that reductions in price are made elsewhere in the United 148 States. 149 Section 3. Section 1006.31, Florida Statutes, is amended to 150 read: 151 1006.31 Duties of the Department of Education and school 152 districteach stateinstructional materials reviewer.—The duties 153 of theeach stateinstructional materials reviewer are: 154 (1) PROCEDURES.—To adhere to procedures prescribed by the 155 department or the district for evaluating instructional 156 materials submitted by publishers and manufacturers in each 157 adoption. This section applies to both the state and district 158 approval processes. 159 (2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To evaluate 160 carefully all instructional materials submitted, in order to 161 ascertain which instructional materials, if any, submitted for 162 consideration implement the selection criteria developed by the 163 department and those curricular objectives included within 164 applicable performance standards provided for in s. 1001.03(1). 165 (a) When recommending instructional materials for use in 166 the schools, each reviewer shall include only instructional 167 materials that accurately portray the ethnic, socioeconomic, 168 cultural, and racial diversity of our society, including men and 169 women in professional, career, and executive roles, and the role 170 and contributions of the entrepreneur and labor in the total 171 development of this state and the United States. 172 (b) When recommending instructional materials for use in 173 the schools, each reviewer shall include only materials that 174 accurately portray, whenever appropriate, humankind’s place in 175 ecological systems, including the necessity for the protection 176 of our environment and conservation of our natural resources and 177 the effects on the human system of the use of tobacco, alcohol, 178 controlled substances, and other dangerous substances. 179 (c) When recommending instructional materials for use in 180 the schools, each reviewer shall require such materials as he or 181 she deems necessary and proper to encourage thrift, fire 182 prevention, and humane treatment of people and animals. 183 (d) When recommending instructional materials for use in 184 the schools, each reviewer shall require, when appropriate to 185 the comprehension of students, that materials for social 186 science, history, or civics classes contain the Declaration of 187 Independence and the Constitution of the United States. A 188 reviewer may not recommend any instructional materials for use 189 in the schools which contain any matter reflecting unfairly upon 190 persons because of their race, color, creed, national origin, 191 ancestry, gender, or occupation. 192 (e) Any instructional material recommended by each reviewer 193 for use in the schools shall be, to the satisfaction of each 194 reviewer, accurate, objective, and current and suited to the 195 needs and comprehension of students at their respective grade 196 levels. Reviewers shall consider for adoption materials 197 developed for academically talented students such as those 198 enrolled in advanced placement courses. 199 (3) REPORT OF REVIEWERS.—After a thorough study of all data 200 submitted on each instructional material, to submit an 201 electronic report to the department. The report shall be made 202 public and must include responses to each section of the report 203 format prescribed by the department. 204 Section 4. Subsection (1) of section 1006.37, Florida 205 Statutes, is amended, and subsection (3) is added to that 206 section, to read: 207 1006.37 Requisition of instructional materials from 208 publisher’s depository.— 209 (1) The district school superintendent shall requisition 210 adopted instructional materials from the depository of the 211 publisher with whom a contract has been made. However, the 212 superintendent shall requisition current instructional materials 213 to provide each student with a textbook or other materials as a 214 major tool of instruction in core courses of the subject areas 215 specified in s. 1006.40(2). These materials must be 216 requisitioned within the first 32years of the adoption cycle, 217 except for instructional materials related to growth of student 218 membership or instructional materials maintenance needs. The 219 superintendent may requisition instructional materials in the 220 core subject areas specified in s. 1006.40(2) that are related 221 to growth of student membership or instructional materials 222 maintenance needs during the 3rd, 4th, 5th, and 6th years of the 223 original contract period. 224 (3) A district school board or a consortium of school 225 districts which implements an instructional materials program 226 pursuant to s. 1006.283 is not required to requisition 227 instructional materials from the publisher’s depository. 228 Section 5. Section 1006.38, Florida Statutes, is amended to 229 read: 230 1006.38 Duties, responsibilities, and requirements of 231 instructional materials publishers and manufacturers.—This 232 section applies to both the state and district approval 233 processes. Publishers and manufacturers of instructional 234 materials, or their representatives, shall: 235 (1) Comply with all provisions of this part. 236 (2) Electronically deliver fully developed sample copies of 237 all instructional materials upon which bids are based to the 238 department pursuant to procedures adopted by the State Board of 239 Education. 240 (3) Submit, at a time designated in s. 1006.33, the 241 following information: 242 (a) Detailed specifications of the physical characteristics 243 of the instructional materials, including any software or 244 technological tools required for use by the district, school, 245 teachers, or students. The publisher or manufacturer shall 246 comply with these specifications if the instructional materials 247 are adopted and purchased in completed form. 248 (b) Evidence that the publisher or manufacturer has 249 provided materials that address the performance standards 250 provided for in s. 1001.03(1) and that can be accessed through 251 the district’s local instructional improvement system and a 252 variety of electronic, digital, and mobile devices. 253 (c) Evidence that the instructional materials include 254 specific references to statewide standards in the teacher’s 255 manual and incorporate such standards into chapter tests or the 256 assessments. 257 (4) Make available for purchase by any district school 258 board any diagnostic, criterion-referenced, or other tests that 259 they may develop. 260 (5) Furnish the instructional materials offered by them at 261 a price in the state which, including all costs of electronic 262 transmission, may not exceed the lowest price at which they 263 offer such instructional materials for adoption or sale to any 264 state or school district in the United States. 265 (6) Reduce automatically the price of the instructional 266 materials to any district school board to the extent that 267 reductions are made elsewhere in the United States. 268 (7) Provide any instructional materials free of charge in 269 the state to the same extent as they are provided free of charge 270 to any state or school district in the United States. 271 (8) Guarantee that all copies of any instructional 272 materials sold in this state will be at least equal in quality 273 to the copies of such instructional materials that are sold 274 elsewhere in the United States and will be kept revised, free 275 from all errors, and up-to-date as may be required by the 276 department. 277 (9) Agree that any supplementary material developed at the 278 district or state level does not violate the author’s or 279 publisher’s copyright, provided such material is developed in 280 accordance with the doctrine of fair use. 281 (10) Not in any way, directly or indirectly, become 282 associated or connected with any combination in restraint of 283 trade in instructional materials, nor enter into any 284 understanding, agreement, or combination to control prices or 285 restrict competition in the sale of instructional materials for 286 use in the state. 287 (11) Maintain or contract with a depository in the state. 288 (12) For the core subject areas specified in s. 1006.40(2), 289 maintain in the depository for the first 32years of the 290 contract an inventory of instructional materials sufficient to 291 receive and fill orders. 292 (13) For the core subject areas specified in s. 1006.40(2), 293 ensure the availability of an inventory sufficient to receive 294 and fill orders for instructional materials for growth, 295 including the opening of a new school, and replacement during 296 the 3rd and subsequent years of the original contract period. 297 (14) Accurately and fully disclose only the names of those 298 persons who actually authored the instructional materials. In 299 addition to the penalties provided in subsection (16), the 300 commissioner may remove from the list of state-adopted 301 instructional materials those instructional materials whose 302 publisher or manufacturer misleads the purchaser by falsely 303 representing genuine authorship. 304 (15) Grant, without prior written request, for any 305 copyright held by the publisher or its agencies automatic 306 permission to the department or its agencies for the 307 reproduction of instructional materials and supplementary 308 materials in Braille, large print, or other appropriate format 309 for use by visually impaired students or other students with 310 disabilities that would benefit from use of the materials. 311 (16) Upon the willful failure of the publisher or 312 manufacturer to comply with the requirements of this section, be 313 liable to the department in the amount of three times the total 314 sum which the publisher or manufacturer was paid in excess of 315 the price required under subsections (5) and (6) and in the 316 amount of three times the total value of the instructional 317 materials and services which the district school board is 318 entitled to receive free of charge under subsection (7). 319 Section 6. Subsection (2) and paragraph (a) of subsection 320 (3) of section 1006.40, Florida Statutes, are amended to read: 321 1006.40 Use of instructional materials allocation; 322 instructional materials, library books, and reference books; 323 repair of books.— 324 (2) Each district school board must purchase current 325 instructional materials to provide each student with a major 326 tool of instruction in core courses of the subject areas of 327 mathematics, language arts, science, social studies, reading, 328 and literature for kindergarten through grade 12. Such purchase 329 must be made within the first 32years after the effective date 330 of the adoption cycle. For the 2012-2013 mathematics adoption, a 331 district using a comprehensive mathematics instructional 332 materials program adopted in the 2009-2010 adoption shall be 333 deemed in compliance with this subsection if it provides each 334 student with such additional state-adopted materials as may be 335 necessary to align the previously adopted comprehensive program 336 to common core standards and the other criteria of the 2012-2013 337 mathematics adoption. 338 (3)(a) By the 2015-2016 fiscal year, each district school 339 board shall use at least 50 percent of the annual allocation for 340 the purchase of digital or electronic instructional materials 341 that align with state standards included on the state-adopted 342 list, except as otherwise authorized in paragraphs (b) and (c). 343 This section does not apply to a district school board or a 344 consortium of school districts which implements an instructional 345 materials program pursuant to s. 1006.283, except that by the 346 2015-2016 fiscal year, each district school board shall use at 347 least 50 percent of the annual allocation for the purchase of 348 digital or electronic instructional materials that align with 349 state standards. 350 Section 7. Paragraphs (o) and (p) of subsection (6) of 351 section 1001.10, Florida Statutes, are amended to read: 352 1001.10 Commissioner of Education; general powers and 353 duties.— 354 (6) Additionally, the commissioner has the following 355 general powers and duties: 356 (o) To develop criteria for use by departmentstate357 instructional materials reviewers in evaluating materials 358 submitted for adoption consideration. The criteria shall, as 359 appropriate, be based on instructional expectations reflected in 360 course descriptionscurriculum frameworksand student 361 performance standards. The criteria for each subject or course 362 shall be made available to publishers and manufacturers of 363 instructional materials pursuant to the requirements of chapter 364 1006. 365 (p) To prescribe procedures for evaluating instructional 366 materials submitted by publishers and manufacturers in each 367 adoption. 368 Section 8. Paragraph (b) of subsection (6) of section 369 1011.62, Florida Statutes, is amended to read: 370 1011.62 Funds for operation of schools.—If the annual 371 allocation from the Florida Education Finance Program to each 372 district for operation of schools is not determined in the 373 annual appropriations act or the substantive bill implementing 374 the annual appropriations act, it shall be determined as 375 follows: 376 (6) CATEGORICAL FUNDS.— 377 (b) If a district school board finds and declares in a 378 resolution adopted at a regular meeting of the school board that 379 the funds received for any of the following categorical 380 appropriations are urgently needed to maintain school board 381 specified academic classroom instruction, the school board may 382 consider and approve an amendment to the school district 383 operating budget transferring the identified amount of the 384 categorical funds to the appropriate account for expenditure: 385 1. Funds for student transportation. 386 2. Funds for safe schools. 387 3. Funds for supplemental academic instruction if the 388 required additional hour of instruction beyond the normal school 389 day for each day of the entire school year has been provided for 390 the students in each low-performing elementary school in the 391 district pursuant to paragraph (1)(f). 392 4. Funds for research-based reading instruction if the 393 required additional hour of instruction beyond the normal school 394 day for each day of the entire school year has been provided for 395 the students in each low-performing elementary school in the 396 district pursuant to paragraph (9)(a). 397 5. Funds for instructional materials if all instructional 398 material purchases necessary to provide updated materials that 399 are aligned with applicableto Next Generation Sunshinestate 400 standards and course descriptionsbenchmarksand that meet 401 statutory requirements of content and learning have been 402 completed for that fiscal year, but no sooner than March 1. 403 Funds available after March 1 may be used to purchase hardware 404 for student instruction. 405 Section 9. This act shall take effect July 1, 2013.