The Florida Senate

233.015  Purge of listed courses not taught for 5 years; rules.

233.051  Programs of remediation.

233.056  Instructional programs for visually impaired students and deaf or hard-of-hearing students.

233.0561  Literacy; blind persons.

233.058  English language instruction for limited English proficient students.

233.061  Required instruction.

233.0612  Authorized instruction.

233.0616  Personal fitness programs.

233.062  Permitting study of the Bible and religion; permitting brief meditation period.

233.0625  Traffic education program for kindergarten through grade 6.

233.063  Instruction in operation of motor vehicles.

233.0651  Historic material; use in public school settings or events.

233.0655  Patriotic programs; rules.

233.0663  Drug Abuse Resistance Education Program.

233.0664  Drug Abuse Resistance Education Board of Directors.

233.0672  Health education; instruction in acquired immune deficiency syndrome.

233.0674  Biological experiments on living subjects.

233.0678  Fine arts awards program.

233.068  Job-related vocational instruction.

233.07  State instructional materials committees.

233.08  Affidavit of state instructional materials committee members.

233.09  Duties of each state instructional materials committee.

233.095  Training programs for members of instructional materials committees.

233.10  Findings of committee and voting to be public.

233.11  Contact with publishers, manufacturers, or their representatives prohibited.

233.115  Prohibited acts.

233.14  Bids or proposals; advertisement and its contents.

233.15  Deposit by publisher or manufacturer of instructional materials must accompany bid.

233.16  Powers and duties of Department of Education in selecting and adopting instructional materials.

233.165  Standards for selection.

233.17  Term of adoption for instructional materials.

233.18  Copies of bids, contracts, and instructional materials retained.

233.22  Requisition of instructional materials from publisher's depository.

233.25  Duties, responsibilities, and requirements of publishers and manufacturers of instructional materials.

233.255  Production and dissemination of educational materials and products by department.

233.30  School board cooperative libraries.

233.33  Announcement of adoption of instructional materials.

233.34  Use of instructional materials allocation; instructional materials, library books, and reference books; repair of books.

233.37  Disposal of instructional materials.

233.38  Exchange of textbooks.

233.39  Renovation and repair of textbooks.

233.43  Duties of superintendent relating to instructional materials.

233.44  When instructional materials may be dropped from the records.

233.45  Penalty for school officers dealing in textbooks.

233.46  Duties of principals.

233.47  Responsibility of pupils, parents, or guardians for instructional materials.

233.48  Expenses; budget request.

233.49  Textbooks; children with impaired vision.

233.61  Out-of-school learning activities.

233.63  Instructional materials; dual enrollment students.

233.015  Purge of listed courses not taught for 5 years; rules.--The Commissioner of Education shall adopt rules that provide for the conduct of regularly scheduled purges of courses that are listed in the statewide course numbering system or institutional catalog but have not been taught at the institution for the preceding 5 years. These rules must include waiver provisions that allow course continuation if an institution has reasonable cause for having not offered a course within the 5-year limit and an expectation that the course will be offered again within the following 5 years.

History.--s. 29, ch. 86-145; s. 123, ch. 97-190.

233.051  Programs of remediation.--

(1)  Programs of remediation, excluding college-preparatory instruction and vocational-preparatory instruction conducted pursuant to s. 239.301, shall primarily be the responsibility of the district school boards through their schools. This remediation shall provide students with enhancement or improvement of any basic skills in which the students are deficient and shall assist students in moving from one grade or level to another and assist residents of the district who request remedial assistance, including those residents with high school diplomas.

(2)  Each district school board shall use the regular periodic report of academic progress for students in kindergarten through grade 8 to notify parents when a student is working at a skill level below that of his or her assigned grade placement.

(3)  The district school boards shall work with the community colleges in their districts in order to assure that the community college students have access to remedial education.

(4)  Beginning October 1, 1984, the Department of Education shall submit an annual report to the Legislature outlining the progress being made in the school districts, community colleges, and state universities toward fulfilling the objectives of this section and s. 240.117.

History.--s. 23, ch. 83-325; s. 2, ch. 87-163; s. 2, ch. 89-381; s. 46, ch. 92-136; s. 1282, ch. 95-147.

233.056  Instructional programs for visually impaired students and deaf or hard-of-hearing students.--

(1)  The Division of Public Schools and Community Education of the Department of Education is authorized to establish a coordinating unit and instructional materials center for visually impaired children and youth and deaf or hard-of-hearing children and youth to provide staff and resources for the coordination, cataloging, standardizing, producing, procuring, storing, and distributing of braille, large print, tangible apparatus, captioned films and video tapes, and other specialized educational materials needed by these students and other exceptional students. The coordinating unit shall have as its major purpose the improvement of instructional programs for visually impaired students and deaf or hard-of-hearing students and may, as a second priority, extend appropriate services to other exceptional students, consistent with provisions and criteria established, to the extent that resources are available.

(2)  The unit shall be operated either directly by the Division of Public Schools and Community Education or through a contractual agreement with a local education agency, under rules adopted by the Commissioner of Education.

History.--ss. 1, 2, ch. 72-319; s. 1, ch. 77-36; s. 6, ch. 78-416; s. 6, ch. 94-303; s. 124, ch. 97-190; s. 11, ch. 97-307.

233.0561  Literacy; blind persons.--

(1)  SHORT TITLE.--This act may be cited as the "Blind Persons' Literacy and Education Act."

(2)  LEGISLATIVE INTENT.--The Legislature recognizes that literacy is the foundation upon which students become employable, productive, and responsible citizens. The Legislature further recognizes that literacy is important for all students, regardless of their visual abilities. It is the intent of the Legislature that the provisions of this section be broadly construed to apply to elementary and secondary students, as well as adult basic, adult secondary, and vocational education students.

(3)  DEFINITIONS.--As used in this act, the term:

(a)  "Blind student" means an individual who is eligible for special education services and who:

1.  Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than 20 degrees; or

2.  Has a medically indicated expectation of visual deterioration.

(b)  "Braille" means the system of reading and writing through touch commonly known as standard English braille.

(c)  "Individualized education program" means a written statement developed for a student eligible for special education services pursuant to s. 602(a)(20), Part A of the Individuals with Disabilities Education Act, 20 U.S.C. s. 1401(a).

(4)  INDIVIDUALIZED PLANNING AND ASSESSMENT.--In developing an individualized written education program for each blind student, the presumption shall be that blind students can communicate effectively and efficiently with the same level of proficiency expected of the students' peers of comparable ability and grade level. Accordingly, proficiency in reading and writing braille shall be considered during the individualized planning and assessment processes in this context.

(5)  INSTRUCTIONAL MATERIALS.--After July 1, 1994, any publisher of a textbook adopted pursuant to the state instructional materials adoption process shall furnish the Department of Education with a computer file in an electronic format specified by the department at least 2 years in advance that is readily translatable to braille and can be used for large print or speech access. Any textbook reproduced pursuant to the provisions of this subsection shall be purchased at a price equal to the price paid for the textbook as adopted. The Department of Education shall not reproduce textbooks obtained pursuant to this subsection in any manner that would generate revenues for the department from the use of such computer files or that would preclude the rightful payment of fees to the publisher for use of all or some portion of the textbook.

(6)  TEACHER CERTIFICATION.--Effective July 1, 1994, as a part of the certification process, teachers certified in the education of blind and visually impaired students shall be required to demonstrate competence in reading, writing, and teaching braille pursuant to standards adopted by the Department of Education, comparable to the braille reading and writing standards adopted by the National Library Service for the Blind and Physically Handicapped, Library of Congress, Washington, D.C. The department shall ensure that teachers of students with visual impairments have access to inservice instruction for the purpose of updating their braille skill competence.

History.--s. 1, ch. 93-173; s. 12, ch. 97-307.

233.058  English language instruction for limited English proficient students.--

(1)  Instruction in the English language shall be provided to limited English proficient students. Such instruction shall be designed to develop the student's mastery of the four language skills, including listening, speaking, reading, and writing, as rapidly as possible. Limited English proficient students who are eligible for other categorical or special programs, such as Chapter I and exceptional student education, shall also participate in such services in accordance with the requirements of the respective program.

(2)(a)  "Limited English proficient" or "limited English proficiency," when used with reference to an individual, means:

1.a.  An individual who was not born in the United States and whose native language is a language other than English;

b.  An individual who comes from a home environment where a language other than English is spoken in the home; or

c.  An individual who is an American Indian or Alaskan native and who comes from an environment where a language other than English has had a significant impact on his or her level of English language proficiency; and

2.  Who, by reason thereof, has sufficient difficulty speaking, reading, writing, or listening to the English language to deny such individual the opportunity to learn successfully in classrooms where the language of instruction is English.

(b)  "Home language" or "native language," when used with reference to an individual of limited English proficiency, means the language normally used by such individual or, in the case of a student, the language normally used by the parents of the student.

(c)  "ESOL" means English for Speakers of Other Languages and:

1.  When modifying instruction, the strategy used to teach limited English proficient students; or

2.  When modifying program, the program funded in the Florida Education Finance Program, listed under students-at-risk programs in s. 236.081.

(3)  Each school district shall implement the following procedures:

(a)  Develop and submit a district plan for providing English language instruction for limited English proficient students to the Department of Education for review and approval.

(b)  Identify limited English proficient students through assessment.

(c)  Provide for student exit from and reclassification into the program.

(d)  Provide limited English proficient students ESOL instruction in English and ESOL instruction or home language instruction in the basic subject areas of mathematics, science, social studies, and computer literacy.

(e)  Maintain a student plan.

(f)  Provide qualified teachers.

(g)  Provide equal access to other programs for eligible limited English proficient students based on need.

(h)  Provide for parental involvement in the program.

(4)  A school district shall be eligible to report full-time equivalent student membership in the ESOL program in the Florida Education Finance Program provided the following conditions are met:

(a)  The school district has a plan approved by the Department of Education.

(b)  The eligible student is identified and assessed as limited English proficient based on assessment criteria.

(c)1.  An eligible student may be reported for funding in the ESOL program for a base period of 3 years. However, a student whose English competency does not meet the criteria for proficiency after 3 years in the ESOL program may be reported for a fourth, fifth, and sixth year of funding, provided his or her limited English proficiency is assessed and properly documented prior to his or her enrollment in each additional year beyond the 3-year base period.

2.  If a student exits the program and is later reclassified as limited English proficient, the student may be reported in the ESOL program for funding for an additional year, or extended annually for a period not to exceed a total of 6 years pursuant to this paragraph, based on an annual evaluation of the student's status.

(d)  An eligible student may be reported for funding in the ESOL program for membership in ESOL instruction in English and ESOL instruction or home language instruction in the basic subject areas of mathematics, science, social studies, and computer literacy.

(5)  Each district's program for limited English proficient students shall be evaluated and monitored periodically.

(6)  The Commissioner of Education shall adopt rules for the purpose of implementing this section.

History.--s. 2, ch. 84-336; s. 41, ch. 90-288; s. 1283, ch. 95-147; s. 125, ch. 97-190.

233.061  Required instruction.--

(1)  Each school district shall provide all courses required for high school graduation and appropriate instruction designed to ensure that students meet state board adopted standards in the following subject areas: reading and other language arts, mathematics, science, social studies, foreign languages, health and physical education, and the arts.

(2)  Members of the instructional staff of the public schools, subject to the rules and regulations of the commissioner, the state board, and the school board, shall teach efficiently and faithfully, using the books and materials required, following the prescribed courses of study, and employing approved methods of instruction, the following:

(a)  The content of the Declaration of Independence and how it forms the philosophical foundation of our government.

(b)  The arguments in support of adopting our republican form of government, as they are embodied in the most important of the Federalist Papers.

(c)  The essentials of the United States Constitution and how it provides the structure of our government.

(d)  Flag education, including proper flag display and flag salute.

(e)  The elements of civil government shall include the primary functions of and interrelationships between the Federal Government, the state, and its counties, municipalities, school districts, and special districts.

(f)  The history of the Holocaust (1933-1945), the systematic, planned annihilation of European Jews and other groups by Nazi Germany, a watershed event in the history of humanity, to be taught in a manner that leads to an investigation of human behavior, an understanding of the ramifications of prejudice, racism, and stereotyping, and an examination of what it means to be a responsible and respectful person, for the purposes of encouraging tolerance of diversity in a pluralistic society and for nurturing and protecting democratic values and institutions.

(g)  The history of African Americans, including the history of African peoples before the political conflicts that led to the development of slavery, the passage to America, the enslavement experience, abolition, and the contributions of African Americans to society.

(h)  The elementary principles of agriculture.

(i)  The true effects of all alcoholic and intoxicating liquors and beverages and narcotics upon the human body and mind.

(j)  Kindness to animals.

(k)  The history of the state.

(l)  The conservation of natural resources.

(m)  Comprehensive health education that addresses concepts of community health; consumer health; environmental health; family life, including an awareness of the benefits of sexual abstinence as the expected standard and the consequences of teenage pregnancy; mental and emotional health; injury prevention and safety; nutrition; personal health; prevention and control of disease; and substance use and abuse.

(n)  Such additional materials, subjects, courses, or fields in such grades as are prescribed by law or by rules of the commissioner and the school board in fulfilling the requirements of law.

(o)  The study of Hispanic contributions to the United States.

(p)  The study of women's contributions to the United States.

(q)  A character-development program in the elementary schools, similar to Character First or Character Counts. Such a program must be secular in nature and must stress such character qualities as attentiveness, patience, and initiative.

(3)  Any student whose parent or guardian makes written request to the school principal shall be exempted from the teaching of reproductive health or disease, including HIV/AIDS, its symptoms, development, and treatment. A student so exempted may not be penalized by reason of that exemption. Course descriptions for comprehensive health education shall not interfere with the local determination of appropriate curriculum which reflects local values and concerns.

History.--s. 85, ch. 65-239; s. 1, ch. 69-300; s. 60, ch. 90-288; s. 1, ch. 94-114; s. 1, ch. 94-225; ss. 36, 126, ch. 97-190; s. 11, ch. 97-285; s. 1, ch. 98-229; s. 2, ch. 98-421; s. 1, ch. 99-344; s. 1, ch. 99-347.

233.0612  Authorized instruction.--Each school district may provide students with programs and instruction at the appropriate grade levels in areas including, but not limited to, the following:

(1)  Character development, ethics, and law education.

(2)  The objective study of the Bible and religion.

(3)  Traffic education.

(4)  Free enterprise and consumer education.

(5)  Programs to encourage patriotism and greater respect for country.

(6)  Drug abuse resistance education.

(7)  Comprehensive health education.

(8)  Care of nursing home patients.

(9)  Instruction in acquired immune deficiency syndrome.

(10)  Voting instruction, including the use of county voting machines.

(11)  Before-school and after-school programs.

History.--s. 37, ch. 97-190; s. 2, ch. 98-211; s. 2, ch. 99-347.

233.0616  Personal fitness programs.--Each elementary school and middle school is encouraged to implement a personal fitness program, approved by the Department of Education, that complies with American Heart Association guidelines for elementary school and middle school personal fitness courses. From incentive funds provided in the General Appropriations Act, the Department of Education shall allocate funds to schools implementing personal fitness programs pursuant to this section.

History.--s. 41, ch. 98-421.

233.062  Permitting study of the Bible and religion; permitting brief meditation period.--

(1)  The school board may install in the public schools in the district a secular program of education including, but not limited to, an objective study of the Bible and of religion.

(2)  The school board may provide that a brief period, not to exceed 2 minutes, for the purpose of silent prayer or meditation be set aside at the start of each school day or each school week in the public schools in the district.

History.--s. 1, ch. 63-532; s. 22, ch. 65-239; s. 1, ch. 69-300; s. 1, ch. 80-336.

Note.--Former s. 230.221.

233.0625  Traffic education program for kindergarten through grade 6.--The State of Florida is authorized to develop a kindergarten through grade 6 comprehensive traffic education program that provides specific early developmental skills in walking, bicycling, school bus safety, use of mass transit, and early motor vehicle safety awareness training.

(1)  The program shall be centered in the State Bicycle and Pedestrian Program of the Department of Transportation.

(2)  The Department of Transportation may contract with a university in the State University System for a development team to prepare or adapt a kindergarten through grade 6 traffic skills development course, an instructor's training course, and all needed video, slide, workbook, curriculum, and associated training aides and materials for students and instructors.

History.--s. 1, ch. 88-328; s. 1, ch. 88-405; s. 42, ch. 91-105.

233.063  Instruction in operation of motor vehicles.--

(1)  A course of study and instruction in the safe and lawful operation of a motor vehicle shall be made available by each district school board to students in the secondary schools in the state. Beginning with the 1981-1982 school year, for the purpose of this section, the term "motor vehicle" shall have the same meaning as in s. 320.01(1)(a) and shall include motorcycles and mopeds. Instruction in motorcycle or moped operation may be limited to classroom instruction. The course shall not be made a part of, or a substitute for, any of the minimum requirements for graduation.

(2)  In order to make such a course available to any secondary school student, the district school board may use any one of the following procedures or any combination thereof:

(a)  The board may utilize instructional personnel employed by the board.

(b)  The board may contract with a commercial driving school licensed under the provisions of chapter 488.

(c)  The board may contract with an instructor certified under the provisions of chapter 488.

(3)(a)  School districts shall earn funds on full-time equivalent students at the appropriate basic program cost factor, regardless of the method by which such courses are offered.

(b)  For the purpose of financing the Driver Education Program in the secondary schools, there shall be levied an additional 50 cents per year to the driver's license fee required by s. 322.21. The additional fee shall be promptly remitted to the Department of Highway Safety and Motor Vehicles, and the department shall transmit the fee to the Treasurer to be deposited in the General Revenue Fund.

(4)  The district school board shall prescribe standards for the course required by this act and for instructional personnel directly employed by the board. Any certified instructor or licensed commercial driving school shall be deemed sufficiently qualified and shall not be required to meet any standards in lieu of or in addition to those prescribed under chapter 488.

History.--ss. 1, 2, 3, 4, 5, 6, 7, 8, ch. 29738, 1955; s. 1, ch. 57-276; s. 1, ch. 59-239; s. 1, ch. 61-79; s. 2, ch. 61-119; s. 24, ch. 65-239; ss. 15, 24, 35, ch. 69-106; s. 1, ch. 69-300; s. 1, ch. 73-305; s. 1, ch. 74-339; s. 30, ch. 75-284; s. 1, ch. 80-142; s. 16, ch. 80-295; s. 137, ch. 81-259.

Note.--Former s. 230.23(4)(k).

233.0651  Historic material; use in public school settings or events.--Each district school board may allow any teacher or administrator to read, or to post in a public school building or classroom or at any school-related event, any excerpt or portion of the following historic material: the national motto; the national anthem; the pledge of allegiance; the Constitution of the State of Florida, including the Preamble; the Constitution of the United States, including the Preamble; the Bill of Rights; the Declaration of Independence; the Mayflower Compact; the Emancipation Proclamation; the writings, speeches, documents, and proclamations of the presidents of the United States, the signers of the Constitution of the United States and the Declaration of Independence, and civil rights leaders; and decisions of the United States Supreme Court. However, any material that is read, posted, or taught pursuant to this provision may be presented only from a historical perspective and in a nonproselytizing manner. When less than an entire document is used, the excerpt or portion must include as much material as is reasonably necessary to reflect the sentiment of the entire document and avoid expressing statements out of the context in which they were originally made. If the material refers to laws or judicial decisions that have been superseded, the material must be accompanied by a statement indicating that such law or decision is no longer the law of the land. No material shall be selected to advance a particular religious, political, or sectarian purpose. The Department of Education shall distribute a copy of this section to each school district, whereupon each school superintendent shall distribute a copy to all teachers and administrators.

History.--s. 12, ch. 97-2.

233.0655  Patriotic programs; rules.--Each district school board is authorized to adopt rules to require, in all of the schools of the district, programs of a patriotic nature to encourage greater respect for the government of the United States and its national anthem and flag, subject always to other existing pertinent laws of the United States or of the state; provided, that when the national anthem is played, students and all civilians shall stand at attention, men removing the headdress, except when such headdress is worn for religious purposes; and provided, further, that the pledge of allegiance to the flag, "I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all," shall be rendered by students standing with the right hand over the heart. The pledge of allegiance to the flag, as stated herein, shall be recited at the beginning of the day in each elementary and secondary public school in the state. Each student shall be informed by posting a notice in a conspicuous place that the student has the right not to participate in reciting the pledge. Upon written request by his or her parent or guardian, the student must be excused from reciting the pledge. When the pledge is given, civilians must show full respect to the flag by standing at attention, men removing the headdress, except when such headdress is worn for religious purposes, as provided by Pub. L. No. 623, s. 7, approved June 22, 1942, as amended by Pub. L. No. 829, approved December 22, 1942.

History.--s. 1, ch. 99-276.

233.0663  Drug Abuse Resistance Education Program.--There is hereby recognized the Drug Abuse Resistance Education (D.A.R.E.) Program which may be implemented in the public elementary schools in the state to prevent drug and alcohol use among school-age children. All funds made available for the purposes of this program shall be administered and disbursed by the Department of Law Enforcement in consultation with the D.A.R.E. Board of Directors established pursuant to s. 233.0664. The Department of Law Enforcement, in consultation with the D.A.R.E. Board of Directors, is authorized to utilize funds made available for the purposes of this program for training programs and materials in support of local law enforcement agencies and school districts working jointly to implement the D.A.R.E. Program in substantial compliance with program policies and criteria and to adopt rules, policies, and procedures necessary to assure the proper utilization of such funds, to promote substantial compliance with the program policies and criteria, and to otherwise administer the D.A.R.E. Program consistent with this section.

History.--s. 3, ch. 89-172; s. 2, ch. 90-192; s. 43, ch. 91-105; s. 5, ch. 91-429; s. 1284, ch. 95-147; s. 38, ch. 97-190.

233.0664  Drug Abuse Resistance Education Board of Directors.--The Drug Abuse Resistance Education (D.A.R.E.) Board of Directors is created consisting of 11 residents of the state as follows: the Governor, or his or her designated appointee; the executive director of the Department of Law Enforcement, or his or her designated appointee; the Commissioner of Education, or his or her designated appointee; the Secretary of Juvenile Justice, or his or her designated appointee; the executive director of the Florida Sheriffs Association, or his or her designated appointee; the executive director of the Florida Police Chiefs Association, or his or her designated appointee; the president of the Florida Teaching Profession-National Education Association, or his or her designated appointee; the President of the Florida Education Association/United or his or her designated appointee; the executive director of the Florida School Boards Association, or his or her designated appointee; the executive director of the Florida Alcohol and Drug Abuse Association, or his or her designated appointee; and the president of the Parent Teachers Association, or his or her designated appointee. Board members are entitled to reimbursement for per diem and travel expenses in accordance with s. 112.061. Each board member must be personally present to cast a vote or be counted toward a quorum at a meeting of the board.

History.--s. 4, ch. 89-172; s. 2, ch. 90-192; s. 44, ch. 91-105; s. 5, ch. 91-429; s. 1285, ch. 95-147; s. 1, ch. 95-161; s. 8, ch. 97-96.

233.0672  Health education; instruction in acquired immune deficiency syndrome.--

(1)  Each district school board may provide instruction in acquired immune deficiency syndrome education as a specific area of health education. Such instruction may include, but not be limited to, the known modes of transmission, signs and symptoms, risk factors associated with acquired immune deficiency syndrome, and means used to control the spread of acquired immune deficiency syndrome. The instruction shall be appropriate for the grade and age of the student and shall reflect current theory, knowledge, and practice regarding acquired immune deficiency syndrome and its prevention.

(2)  Throughout instruction in acquired immune deficiency syndrome, sexually transmitted diseases, or health education, when such instruction and course material contains instruction in human sexuality, a school shall:

(a)  Teach abstinence from sexual activity outside of marriage as the expected standard for all school-age children while teaching the benefits of monogamous heterosexual marriage.

(b)  Emphasize that abstinence from sexual activity is a certain way to avoid out-of-wedlock pregnancy, sexually transmitted diseases, including acquired immune deficiency syndrome, and other associated health problems.

(c)  Teach that each student has the power to control personal behavior and encourage students to base actions on reasoning, self-esteem, and respect for others.

(d)  Provide instruction and material that is appropriate for the grade and age of the student.

History.--s. 34, ch. 87-329; s. 15, ch. 88-380; s. 4, ch. 89-350.

233.0674  Biological experiments on living subjects.--

(1)  LEGISLATIVE INTENT.--

(a)  The Legislature finds that:

1.  Biological experimentation is essential for an understanding of the complexity and diversity of life processes;

2.  Such studies should lead to a broader awareness of living systems;

3.  Capable students anxious to pursue careers in biological sciences should receive appropriate encouragement and guidance; and

4.  Biological experimentation should be within the comprehension and capabilities of the student undertaking the study.

(b)  The Legislature recognizes that the use of live animals in some kinds of experiments by students in grades K through 12 may be distasteful or traumatizing to immature students.

(2)  STATE POLICY.--It is therefore the intent of the Legislature with respect to biological experiments involving living subjects by students in grades K through 12 that:

(a)  No surgery or dissection shall be performed on any living mammalian vertebrate or bird. Dissection may be performed on nonliving mammals or birds secured from a recognized source of such specimens and under supervision of qualified instructors. Students may be excused upon written request of a parent or guardian.

(b)  Lower orders of life and invertebrates may be used in such experiments.

(c)  Nonmammalian vertebrates, excluding birds, may be used in biological experiments, provided that physiological harm does not result from such experiments. Anatomical studies shall only be conducted on models which are anatomically correct for the animal being studied or on nonliving nonmammalian vertebrates secured and from a recognized source of such specimens and under the supervision of qualified instructors. Students may be excused from such experiments upon written request of the parent or guardian.

(d)  Observational studies of animals in the wild or in zoological parks, gardens, or aquaria, or of pets, fish, domestic animals, or livestock may be conducted.

(e)  Studies of vertebrate animal cells, such as red blood cells or other tissue cells, plasma or serum, or anatomical specimens, such as organs, tissues, or skeletons, purchased or acquired from biological supply houses or research facilities or from wholesale or retail establishments which supply carcasses or parts of food animals may be conducted.

(f)  Normal physiological and behavioral studies of the human animal may be conducted, provided that such projects are carefully selected so that neither physiological or psychological harm to the subject can result from such studies.

(g)  All experiments shall be carried out under the supervision of a competent science teacher who shall be responsible for ensuring that the student has the necessary comprehension for the study to be undertaken. Whenever feasible, specifically qualified experts in the field should be consulted.

(h)  Live animals on the premises of public and nonpublic elementary and secondary schools shall be housed and cared for in a humane and safe manner. Animals shall not remain on the premises of any school during periods when such school is not in session, unless adequate care is provided for such animals.

(3)  EXEMPTIONS.--The provisions of this section shall not be construed to prohibit or constrain conventional instruction in the normal practices of animal husbandry or exhibition of any livestock in connection with any agricultural program or instruction of advanced students participating in advanced research, scientific studies, or projects.

(4)  PENALTY.--In the event that any instructional employee of a public high school or ¹area technical center knowingly or intentionally fails or refuses to comply with any of the provisions of this section, the school board, acting as a board, may suspend, dismiss, return to annual contract, or otherwise discipline such employee as provided in s. 230.23(5)(f) in accordance with procedures established in chapter 231. In the event that any instructional employee of any nonpublic school knowingly or intentionally fails or refuses to comply with the provisions of this section, the governing authority of such school may suspend, dismiss, or otherwise discipline such employee in accordance with its standard personnel procedures.

History.--s. 1, ch. 85-70.

¹Note.--The term "area technical center" was substituted for the term "area vocational-technical center" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

233.0678  Fine arts awards program.--

(1)  The Department of Education shall annually conduct the Florida Youth Art Symposium for the purpose of:

(a)  Recognizing and rewarding those students whose works of visual or creative art are showcased in the Youth Art Exhibition of the Florida State Fair each year.

(b)  Recognizing and rewarding those outstanding teachers under whose tutorage these students receive this recognition.

(2)  From the funds appropriated for this purpose, the department shall:

(a)  Pay travel and per diem expenses to and from the symposium for each student and each teacher selected.

(b)  Pay travel and per diem for speakers and other participants selected to participate in the symposium.

(c)  Pay for the cost of art workshop materials, certificates, medallions, and plaques to be awarded to the students and teachers.

History.--s. 1, ch. 82-218.

233.068  Job-related vocational instruction.--

(1)  LEGISLATIVE INTENT.--

(a)  The Legislature finds that secondary school students who do not pursue an academic college-preparatory program or a vocational job-preparatory program are unlikely to realize their highest potential. It further finds that a student who pursues an academic college-preparatory program in secondary school should also be prepared for employment, and that a student who pursues a vocational job-preparatory program should also be prepared for postsecondary education.

(b)  The Legislature further finds that a vocational job-preparatory program at the secondary level must provide adequate skills in communication, computation, and problem solving to allow a graduate to continue in postsecondary education and obtain employment in an occupation for which the program has prepared him or her. Vocational job-preparatory programs should use experiences obtained by practicing the occupations to teach basic academic and problem-solving skills in an intensive, focused program in which students who have differing abilities and career plans learn skills to practice several related occupations. Some of the occupations should require postsecondary education, and some should be entry-level occupations for people with high school diplomas.

(2)  OPEN-ENTRY PROGRAMS IN CAREER DEVELOPMENT AND APPLIED TECHNOLOGY.--By the 1998-1999 school year, up to 30 school districts may establish programs in which students who have differing abilities and career plans may pursue an education that develops academic and vocational skills required by specified related occupations. Each program must:

(a)  Be self-contained and provide sufficient courses for a student in each occupational training level to earn a high school diploma as provided in ss. 232.246 and ¹232.2467 and provide free transportation for students to and from their residences. A program may be called a school, but need not have a separate campus. If a program has a separate campus or is a school within a school, it may agree with another school to allow the students to participate in extracurricular activities.

(b)  Be open to any student in the school district. If there are more applicants than available spaces, a selection committee may limit enrollment. To the maximum extent possible, the method of selection among applicants must result in a student body that reflects the demographic characteristics of the secondary school children in the school district.

(c)  Provide coordinated academic and vocational training that focuses on a discrete set of occupations of varying skill levels in definable occupational areas, including allied health occupations, business and marketing occupations, occupations leading to or related to a regulated profession, or entrepreneurship.

(d)  Include participation by local businesses that employ people in the occupations for which the program provides training, through new programs or established programs such as the Florida Compact, other business partnerships, the programs used by the Department of Education to implement the Blueprint for Career Preparation, the WAGES Program, or federal Job Training Partnership Act programs.

(e)  Identify the occupations in a mission statement that includes information about the levels of career development or vocational training required for each occupation and required and elective courses for each level.

(f)  Assist each student to plan a course of study, including vocational and academic requirements and electives, that will result in the appropriate level of training for the occupation he or she has chosen. For an occupation that requires postsecondary education, the plan must include courses or activities that will develop college-level academic skills and must be completed by a student within 3 months after he or she enters the program, but it may be revised at any time upon the request of the student or his or her parents.

(g)  Provide instruction in communication, computation, and problem-solving skills by experience, application, or participation in an occupation for which the program provides training.

(h)  Assess the progress of students regularly to assure that they are improving their academic skills and remaining in school at a rate that compares favorably with similar students outside the program. The department must provide technical assistance in developing and evaluating the results of these assessments and comparisons. The assessments must include scores on standardized tests, unexcused absences, dropouts, grade point averages, and followup studies for all students who complete the program.

(3)  REPORTS REQUIRED.--

(a)  At least every 2 years, during which students are educated continuously and exclusively in the program, the department must report the results of the student assessments, comparisons, and evaluations to the State Board of Education and the Legislature.

(b)  One year after the first students graduate from a program, the department must initiate a longitudinal followup study to identify the progress of program graduates in employment, postsecondary education, and military service. The study shall summarize the results by students' race, sex, and status of being at risk of dropping out of school, as defined by the school district. Information that may identify a student or employer is confidential and exempt from s. 119.07(1). The department shall follow up on program graduates annually for at least 3 years and report their success compared to the success of students who complete other secondary career education programs to the State Board of Education and the Legislature.

History.--ss. 1, 2, 3, 4, 5, ch. 70-211; s. 1, ch. 70-439; s. 70, ch. 72-221; s. 6, ch. 78-423; s. 3, ch. 85-75; s. 2, ch. 92-136; s. 1286, ch. 95-147; s. 59, ch. 96-175; s. 87, ch. 96-406; s. 38, ch. 97-190.

¹Note.--Repealed by s. 68, ch. 92-136.

233.07  State instructional materials committees.--

(1)  Each school year, not later than April 15, the Commissioner of Education shall appoint state instructional materials committees composed of persons actively engaged in teaching or in the supervision of teaching in the public elementary or secondary schools and representing the major fields and levels in which instructional materials are used in the public schools of the state and, in addition, lay citizens not professionally connected with education. There shall be committees for the recommendation of instructional materials for the elementary and secondary grades as may be found necessary by the Commissioner of Education. Committee members shall receive training pursuant to s. 233.095 in competencies related to the evaluation and selection of instructional materials.

(a)  There shall be nine members on each committee: Four shall be classroom teachers who are certified in an area directly related to the academic area or level being considered for adoption, two shall be laypersons, one shall be a school board member, and two shall be supervisors of teachers. The committee must have the capacity or expertise to address the broad racial, ethnic, socioeconomic, and cultural diversity of the student population of the state. Personnel selected as teachers of the year at the school, district, regional, or state level pursuant to the provisions of the program conducted by the Department of Education shall be encouraged to serve on instructional materials committees.

(b)  The membership of each committee must reflect the broad racial, ethnic, socioeconomic, and cultural diversity of the state.

(c)  The commissioner shall determine annually the areas in which instructional materials shall be submitted for adoption. One of the factors upon which the commissioner shall base his or her decision is the desires of the school districts. The commissioner shall also determine the number of titles to be adopted in each area.

(2)(a)  All appointments shall be pursuant to the conditions prescribed in this section. No member shall serve more than two consecutive terms on any committee. All appointments shall be for 18-month terms. All vacancies shall be filled in the manner of the original appointment for only the time remaining in the unexpired term. At no time may a school district have more than one representative on a committee, it being the intent of the Legislature to involve representatives from the maximum number of school districts in the process of instructional materials selection. The Commissioner of Education and a member of the Department of Education whom he or she shall designate shall be additional and ex officio members of each committee.

(b)  The names and mailing addresses of the members of the state instructional materials committees shall be made public when appointments are made.

(c)  The district school board shall be reimbursed for the actual cost of substitute teachers for each workday that a member of its instructional staff is absent from his or her assigned duties for the purpose of rendering service to the state instructional materials committee. In addition, committee members shall be reimbursed for travel expenses, and per diem shall be paid to each committee member as provided in s. 112.061 for actual service in meetings of committees called by the Commissioner of Education. Payment of such travel expenses shall be made by the Treasurer from the appropriation for the administration of the instructional materials program, on warrants to be drawn by the Comptroller upon requisition approved by the commissioner.

(d)  Any member of a committee may be removed by the Commissioner of Education for cause.

(3)  It is the intent of the Legislature that all other references in the law to the state instructional materials committee apply to each committee created by this section.

(4)  For purposes of state adoption, "instructional materials" means items having intellectual content that by design serve as a major tool for assisting in the instruction of a subject or course. These items may be available in bound, unbound, kit, or package form and may consist of hardbacked or softbacked textbooks, consumables, learning laboratories, manipulatives, electronic media, and computer courseware or software. The term does not include electronic or computer hardware even if such hardware is bundled with software or other electronic media.

History.--s. 707, ch. 19355, 1939; CGL 1940 Supp. 892(219); s. 1, ch. 28210, 1953; s. 7, ch. 59-282; ss. 1, 3, ch. 61-322; s. 19, ch. 63-400; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 1, ch. 74-337; s. 4, ch. 78-323; ss. 2, 4, 5, ch. 81-56; ss. 1, 4, ch. 82-46; s. 2, ch. 83-265; s. 6, ch. 84-94; s. 66, ch. 84-336; ss. 3, 15, 16, ch. 91-182; s. 5, ch. 91-429; s. 4, ch. 92-100; s. 1287, ch. 95-147; s. 39, ch. 97-190; s. 2, ch. 97-285.

233.08  Affidavit of state instructional materials committee members.--Before transacting any business, each member of a district or state committee shall make an affidavit, to be filed with the Commissioner of Education, that:

(1)  The member will faithfully discharge the duties imposed upon him or her as a member or as a secretary of the committee.

(2)  The member has no interest, and while a member of the committee he or she will assume no interest, in any publishing or manufacturing organization which produces or sells instructional materials.

(3)  The member is in no way connected, and while a member of the committee he or she will assume no connection, with the distribution of such instructional materials.

(4)  The member is not pecuniarily interested, and while a member of the committee he or she will assume no pecuniary interest, directly or indirectly, in the business or profits of any person engaged in manufacturing, publishing, or selling instructional materials designed for use in the public schools.

(5)  The member will not accept any emolument or promise of future reward of any kind from any publisher or manufacturer of instructional materials or his or her agent or anyone interested in, or intending to bias his or her judgment in any way in, the selection of any materials to be adopted.

History.--s. 708, ch. 19355, 1939; CGL 1940 Supp. 892(220); s. 8, ch. 59-282; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 2, ch. 74-337; s. 4, ch. 78-323; ss. 4, 5, ch. 81-56; ss. 1, 4, ch. 82-46; s. 2, ch. 83-265; s. 6, ch. 84-94; ss. 4, 15, 16, ch. 91-182; s. 5, ch. 91-429; s. 1288, ch. 95-147.

233.09  Duties of each state instructional materials committee.--The duties of each state instructional materials committee shall be:

(1)  PLACE AND TIME OF MEETING.--To meet at the call of the Commissioner of Education, at a place in the state designated by him or her, and to remain there in session for a period of time, not to exceed 20 days, for the purpose of evaluating and recommending instructional materials for adoption by the state. All meetings of state instructional materials committees shall be announced publicly through the news media of the state at least 2 weeks prior to the date of convening. The announcement of the meeting shall include the agenda of the meeting. All meetings of the committees shall be open to the public.

(2)  ORGANIZATION.--To elect a chair and vice chair for each adoption. An employee of the Department of Education shall serve as secretary to the committee and keep an accurate record of its proceedings. All records of district recommendations, committee motions and votes, and summaries of committee debate shall be incorporated into a publishable document and shall be available for public inspection and duplication.

(3)  PROCEDURES.--To adhere procedures prescribed by the Commissioner of Education for evaluating instructional materials submitted by publishers and manufacturers in each adoption.

(4)  EVALUATION OF INSTRUCTIONAL MATERIALS.--To evaluate carefully all instructional materials submitted, to ascertain which instructional materials, if any, submitted for consideration best implement the selection criteria developed by the Commissioner of Education and those curricular objectives included within applicable performance standards provided for in s. 229.565.

(a)  When recommending instructional materials for use in the schools, each committee shall include only instructional materials that accurately portray the ethnic, socioeconomic, cultural, and racial diversity of our society, including men and women in professional, vocational, and executive roles, and the role and contributions of the entrepreneur and labor in the total development of this state and the United States.

(b)  When recommending instructional materials for use in the schools, each committee shall include only materials which accurately portray, whenever appropriate, humankind's place in ecological systems, including the necessity for the protection of our environment and conservation of our natural resources and the effects on the human system of the use of tobacco, alcohol, controlled substances, and other dangerous substances.

(c)  When recommending instructional materials for use in the schools, each committee shall require such materials as it deems necessary and proper to encourage thrift, fire prevention, and humane treatment of people and animals.

(d)  When recommending instructional materials for use in the schools, each committee shall require, when appropriate to the comprehension of pupils, that materials for social science, history, or civics classes contain the Declaration of Independence and the Constitution of the United States. No instructional materials shall be recommended by any committee for use in the schools which contain any matter reflecting unfairly upon persons because of their race, color, creed, national origin, ancestry, gender, or occupation.

(e)  All instructional materials recommended by each committee for use in the schools shall be, to the satisfaction of each committee, accurate, objective, and current and suited to the needs and comprehension of pupils at their respective grade levels. Instructional materials committees shall consider for adoption materials developed for academically talented students such as those enrolled in advanced placement courses.

(f)  When recommending instructional materials for use in the schools, each committee shall have the recommendations of all districts which submit evaluations on the materials submitted for adoption in that particular subject area aggregated and presented to the members to aid them in the selection process; however, such aggregation shall be weighted in accordance with the full-time equivalent student percentage of each district. Each committee shall prepare an additional aggregation, unweighted, with each district recommendation given equal consideration. No instructional materials shall be evaluated or recommended for adoption unless each of the district committees shall have been loaned the specified number of samples.

(g)  In addition to relying on statements of publishers or manufacturers of instructional material, any committee may conduct, or cause to be conducted, an independent investigation as to the compliance of submitted materials with the requirements of this section.

(5)  REPORT OF COMMITTEE.--After a thorough study of all data submitted on each instructional material, and after each member of the appropriate committee has carefully evaluated each instructional material, to present a written report to the Commissioner of Education. Such report shall be made public. The report shall include:

(a)  A description of the procedures used in determining the instructional materials to be recommended to the Commissioner of Education.

(b)  Recommendations of instructional materials for each grade and subject field in the curriculum of public elementary and secondary schools in the state in which adoptions are to be made. If deemed advisable, the committee may include such other information, expression of opinion, or recommendation as would be helpful to the commissioner. If there is a difference of opinion among the members of the committee as to the merits of any instructional materials, any member may file an expression of his or her individual opinion.

History.--s. 709, ch. 19355, 1939; CGL 1940 Supp. 892(221); s. 9, ch. 59-282; s. 2, ch. 61-322; s. 6, ch. 67-181; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 6, ch. 69-402; s. 1, ch. 72-51; s. 3, ch. 74-337; s. 4, ch. 78-323; ss. 3, 4, 5, ch. 81-56; ss. 1, 4, ch. 82-46; s. 2, ch. 83-265; s. 6, ch. 84-94; s. 67, ch. 84-336; s. 8, ch. 85-109; s. 1, ch. 89-189; s. 11, ch. 89-298; ss. 5, 15, 16, ch. 91-182; s. 5, ch. 91-429; s. 5, ch. 92-100; s. 1289, ch. 95-147; s. 3, ch. 97-285; s. 38, ch. 99-398.

233.095  Training programs for members of instructional materials committees.--The Department of Education shall develop a training program, to be provided through summer inservice institutes, for persons selected to serve on state and district instructional materials committees. The program shall be structured to assist committee members in developing the skills necessary to make valid, culturally sensitive, and objective decisions regarding the content and rigor of instructional materials. All persons serving on instructional materials committees must complete the training program prior to beginning the review and selection process.

History.--s. 68, ch. 84-336; ss. 6, 16, ch. 91-182; s. 5, ch. 91-429; s. 6, ch. 92-100.

233.10  Findings of committee and voting to be public.--The findings of the committees, including the evaluation of instructional materials, shall be in sessions open to the public. All decisions leading to determinations of the committees shall be by roll call vote, and at no time will a secret ballot be permitted.

History.--s. 710, ch. 19355, 1939; CGL 1940 Supp. 892(222), 8115(11); s. 10, ch. 59-282; ss. 15, 35, ch. 69-106; s. 136, ch. 71-136; s. 2, ch. 72-51; s. 4, ch. 74-337; s. 4, ch. 78-323; ss. 4, 5, ch. 81-56; ss. 1, 4, ch. 82-46; s. 2, ch. 83-265; s. 6, ch. 84-94; ss. 7, 15, 16, ch. 91-182; s. 5, ch. 91-429.

233.11  Contact with publishers, manufacturers, or their representatives prohibited.--It is unlawful for any member of a state instructional materials committee to discuss matters relating to instructional materials submitted for adoption with any agent of a publisher or manufacturer of instructional materials, either directly or indirectly, except during the period when the committee shall have been called into session for the purpose of evaluating instructional materials submitted for adoption. Such discussions shall be limited to official meetings of the committee and in accordance with procedures prescribed by the Commissioner of Education for that purpose.

History.--s. 711, ch. 19355, 1939; CGL 1940 Supp. 892(223), 8115(12); s. 2, ch. 28210, 1953; s. 11, ch. 59-282; ss. 15, 35, ch. 69-106; s. 5, ch. 74-337; s. 4, ch. 78-323; ss. 1, 6, ch. 80-125; ss. 4, 5, ch. 81-56; ss. 1, 4, ch. 82-46; s. 2, ch. 83-265; s. 6, ch. 84-94; ss. 8, 15, 16, ch. 91-182; s. 5, ch. 91-429; s. 4, ch. 97-285.

233.115  Prohibited acts.--

(1)  No publisher or manufacturer of instructional material, or any of his or her representatives, shall offer to give any emolument, money, or other valuable thing, or any inducement, to any school official or member of a district-level or state-level committee to directly or indirectly introduce, recommend, vote for, or otherwise influence the adoption or purchase of any instructional materials.

(2)  No school official or member of a district or state instructional materials committee shall accept any emolument, money, or other valuable thing, or any inducement, to directly or indirectly introduce, recommend, vote for, or otherwise influence the adoption or purchase of any instructional material.

(3)  Any publisher or manufacturer of instructional materials or his or her representative or any school official or district or state instructional materials committee member, who violates any of the provisions of this section is guilty of a misdemeanor of the second degree. Any representative of a publisher or manufacturer who violates any of the provisions of this section, in addition to any other penalty, shall be banned from practicing business in the state for a period of 1 calendar year. Any school official or district or state instructional materials committee member who violates any of the provisions of this section, in addition to any other penalty, shall be removed from his or her official position.

(4)  Nothing in this section shall be construed to prevent any publisher, manufacturer, or agent from supplying, for purposes of examination, necessary sample copies of instructional materials to any school official or committee member.

(5)  Nothing in this section shall be construed to prevent a school official or committee member from receiving sample copies of instructional materials.

(6)  Nothing contained in this section shall be construed to prohibit or restrict a school official from receiving royalties or other compensation, other than compensation paid as commission to the school official for negotiating sales to district boards, from the publisher or manufacturer of instructional materials written, designed, or prepared by such school official, and adopted by the commissioner or purchased by any district board. No school official shall be allowed to receive royalties on any materials not on the state-adopted list purchased for use by his or her district school board.

History.--s. 6, ch. 74-337; s. 1, ch. 77-174; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 6, ch. 84-94; ss. 9, 15, 16, ch. 91-182; s. 5, ch. 91-429; s. 1290, ch. 95-147; s. 128, ch. 97-190.

233.14  Bids or proposals; advertisement and its contents.--

(1)(a)  Beginning on or before May 15 of any year in which an instructional materials adoption is to be initiated, the Department of Education shall advertise in a newspaper published in Tallahassee, once each week for a period of 4 weeks preceding the date on which the bids shall be received, that at a certain designated time, not later than June 15, sealed bids or proposals to be deposited with the Department of Education will be received from publishers or manufacturers for the furnishing of instructional materials proposed to be adopted as listed in the advertisement beginning April 1 following the adoption.

(b)  The advertisement shall state that each bidder shall furnish specimen copies of all instructional materials submitted, at a time designated by the Department of Education, which specimen copies shall be identical with the copies approved and accepted by the members of the state instructional materials committee, as prescribed hereafter in this section, and with the copies furnished to the Department of Education and superintendents, as provided in s. 233.18.

(c)  The advertisement shall state that a contract covering the adoption of the instructional materials shall be for a definite term.

(d)  The advertisement shall fix the time within which the required contract must be executed and shall state that the department reserves the right to reject any or all bids or proposals.

(e)  The advertisement shall give information as to how specifications which have been adopted by the Department of Education in regard to paper, binding, cover boards, and mechanical makeup can be secured. In adopting specifications, the department shall make an exception for instructional materials that are college-level texts and that do not meet department physical specifications for secondary materials, if the publisher guarantees replacement during the term of the contract.

(2)  The bids or proposals submitted shall be for furnishing the designated materials in accordance with specifications of the department. The proposal or bid shall state the lowest wholesale price at which the materials will be furnished, at the time the adoption period provided in the contract begins, delivered f.o.b. to the Florida depository of the publisher, manufacturer, or bidder.

History.--s. 714, ch. 19355, 1939; CGL 1940 Supp. 892(226); s. 12, ch. 59-282; s. 8, ch. 67-438; ss. 10, 15, 35, ch. 69-106; s. 7, ch. 74-337; s. 18, ch. 75-284; s. 2, ch. 77-358; ss. 2, 7, ch. 80-125; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 6, ch. 84-94; s. 2, ch. 89-189; ss. 10, 15, 16, ch. 91-182; s. 5, ch. 91-429.

233.15  Deposit by publisher or manufacturer of instructional materials must accompany bid.--The Department of Education shall require each publisher or manufacturer of instructional materials who submits a bid or proposal under the provisions of this chapter to deposit with the department such sum of money or certified check as may be determined by the department, the amount to be not less than $500 and not more than $2,500, according to the number of instructional materials covered by the proposal; which deposit shall be forfeited to the state and placed in the General Revenue Fund if the bidder making the deposit shall fail or refuse to execute the contract and bond within 30 days of receipt of such contract in case his or her bid or proposal is accepted. The Commissioner of Education shall, upon determining that the deposit is correct and proper, transmit the deposit to the Treasurer, who shall deposit such funds for credit to the Textbook Bid Trust Fund and issue his or her official receipt covering the same.

History.--s. 715, ch. 19355, 1939; CGL 1940 Supp. 892(227); s. 1, ch. 63-55; ss. 15, 35, ch. 69-106; s. 21, ch. 73-338; s. 3, ch. 80-125; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 6, ch. 84-94; ss. 15, 16, ch. 91-182; s. 5, ch. 91-429; s. 1291, ch. 95-147.

233.16  Powers and duties of Department of Education in selecting and adopting instructional materials.--The powers and duties of the Department of Education in selecting and adopting instructional materials shall be:

(1)  PROCEDURES FOR EVALUATING INSTRUCTIONAL MATERIALS.--To implement procedures prescribed by the Commissioner of Education for evaluating instructional materials submitted by publishers and manufacturers in each adoption. Included in these procedures shall be the following minimum standards:

(a)  Provisions which afford each publisher or manufacturer or his or her representative an opportunity to present to members of the state instructional materials committees the merits of each instructional material submitted in each adoption;

(b)  Forms on which a district superintendent or his or her designee shall submit the results of the district instructional materials committee's recommendations; and

(c)  Guidelines for district instructional materials committees, professional associations, and individuals for evaluating instructional materials for state adoption; however, the following minimum standards apply:

1.  A district instructional materials committee must reflect the broad racial, ethnic, socioeconomic, and cultural diversity of the district and may not consist of fewer than three persons. One must be a layperson and two must be teachers, it being the intent of the Legislature that committees of three or more persons include at least one layperson and one-half teachers as a part of their total membership. The committee must have the capacity or expertise to address the broad racial, ethnic, socioeconomic, and cultural diversity of the student population of the district. Teachers serving on district instructional materials committees must be certified in an area directly related to the academic area or level being considered for adoption. Personnel selected as teachers of the year at the school, district, regional, or state level pursuant to the provisions of the program conducted by the Department of Education are encouraged to serve on instructional materials committees.

2.  A district instructional materials committee may not deny any publisher or manufacturer or his or her representative time to present his or her product equal to that time given any other publisher or manufacturer or his or her representative.

3.  Each instructional material evaluated by district instructional materials committees, professional associations, and individuals shall be ranked numerically in relation to all other materials of the same type evaluated, and no two materials in the same subject area may receive the same numerical rating.

4.  District instructional materials committees, professional associations, and individuals who evaluate instructional materials and submit their findings and recommendations to the state committee shall do so in accordance with the provisions of s. 233.09(4).

(2)  SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.--The Department of Education shall notify all publishers or manufacturers of instructional materials who have submitted bids that within 3 weeks after the deadline for receiving bids, at a designated time and place, it will open bids and proposals which have been submitted and deposited with the Department of Education. At the time and place designated, the bids or proposals shall be opened, read, and tabulated in the presence of the bidders or their representatives. No one may revise his or her bid after the bids have been filed. When all bids or proposals have been carefully considered, the department shall, from the list of suitable, usable, and desirable instructional materials reported by the state instructional materials committee, select and adopt instructional materials for each grade and subject field in the curriculum of public elementary and secondary schools in the state in which adoptions are made and in the subject areas designated in the advertisement, which adoption shall continue for the period specified in the advertisement, to begin on the ensuing April 1. Such adoption shall not prevent the extension of a contract as provided in subsection (3). The department shall always reserve to itself the right to reject any and all bids or proposals if it is of the opinion that any or all bids, for any reason, should be rejected. The department may ask for new sealed bids from publishers or manufacturers whose instructional materials were recommended by the state instructional materials committee as suitable, usable, and desirable; specify the dates for filing such bids and the date on which they shall be opened; and proceed in all matters regarding the opening of bids and the awarding of contracts as required by the terms and provisions of this chapter. In all cases, bids or proposals shall be accompanied by a cash deposit or certified check of from $500 to $2,500, as the department may direct. The department, in adopting instructional materials, shall give due consideration both to the prices bid for furnishing instructional materials and to the report and recommendations of the state instructional materials committee. When the department has finished with the report of the state instructional materials committee, the report shall be filed and preserved in the office of the Department of Education and shall be available at all times for public inspection.

(3)  CONTRACT WITH PUBLISHERS OR MANUFACTURERS; BOND.--As soon as practicable after the department has adopted any instructional materials and all bidders that have secured the adoption of any instructional materials have been notified of the same by registered letter, the Department of Legal Affairs shall prepare a contract in accordance with the provisions of the school code with every bidder awarded the adoption of any instructional materials. Said contracts shall be executed by the Governor and Secretary of State under the seal of the state, one copy to be kept by the contractor, one copy to be filed in the Department of State, and one copy to be filed in the Department of Education. After giving due consideration to comments by the districts, the department, with the agreement of the publisher, may extend or shorten a contract period for a period not to exceed 2 years; and the terms of any such contract shall remain the same as those set forth in the original contract. Any publisher or manufacturer to whom any contract is let under the provisions of this chapter must give bond in such amount as the department deems advisable, payable to the state, conditioned for the faithful, honest, and exact performance of the contract. The bond must further provide for the payment of reasonable attorney's fees in case of recovery in any suit upon the same. The surety on the bond must be a guaranty or surety company authorized by the laws of the state to do business in the state; however, the bond shall not be exhausted by a single recovery but may be sued upon from time to time until the full amount thereof is recovered, and the department may at any time, after giving 30 days' notice, require additional security or additional bond. The form of any bond or bonds or contract or contracts under the provisions of this chapter shall be prepared and approved by the Department of Legal Affairs. At the discretion of the Commissioner of Education, a publisher or manufacturer to whom any contract is let under provisions of this chapter may be allowed a cash deposit in lieu of a bond, conditioned for the faithful, honest, and exact performance of the contract. The cash deposit, payable to the Department of Education, shall be placed in the Textbook Bid Trust Fund. The department may recover damages on the cash deposit given by the contractor for failure to furnish instructional materials, the sum recovered to inure to the General Revenue Fund.

(4)  REGULATIONS GOVERNING THE CONTRACT.--The Department of Education may, from time to time, make any necessary regulations, not contrary to the provisions of this chapter, to secure the prompt and faithful performance of all contracts; and it is expressly provided that, should any contractor fail or refuse to furnish instructional materials as provided in this chapter or otherwise break his or her contract, the department may sue on the bond hereinbefore required in the name of the state, in the courts of the state having jurisdiction, and recover damages on the bond given by the contractor for failure to furnish instructional materials, the sum recovered to inure to the General Revenue Fund.

(5)  RETURN OF DEPOSITS.--

(a)  The successful bidder shall be notified by registered mail of the award of contract; and such bidder shall, within 30 days of receipt of the contract, execute the proper contract and post the required bond. When such bond and contract have been executed, the department shall notify the Comptroller and request that a warrant be issued against the Textbook Bid Trust Fund payable to the successful bidder in the amount deposited under the provisions of s. 233.15. The Comptroller shall issue and forward such warrant to the department for distribution to the bidder.

(b)  At the same time or prior thereto, the department shall inform the Comptroller of the names of the unsuccessful bidders. Upon receipt of such notice, the Comptroller shall issue warrants against the Textbook Bid Trust Fund payable to the unsuccessful bidders in the amounts deposited under the provisions of s. 233.15 and shall forward such warrants to the department for distribution to the unsuccessful bidders.

(c)  One copy of each contract and an original of each bid, whether accepted or rejected, shall be preserved in the office of the Department of Education for at least 3 years beyond the termination of the contract.

(6)  DEPOSITS FORFEITED.--Should any successful bidder fail or refuse to execute contract and bond within 30 days of receipt of the contract, the cash deposit shall be forfeited to the state and placed by the Treasurer in the General Revenue Fund.

(7)  FORFEITURE OF CONTRACT AND BOND.--In case of the failure of any publisher or manufacturer of instructional materials to furnish a book, or books, or other instructional materials as provided in the contract, his or her bond shall stand forfeited; and the department shall make another contract on such terms as it may find desirable, after giving due consideration to the recommendations of the Commissioner of Education.

History.--s. 716, ch. 19355, 1939; CGL 1940 Supp. 892(228); s. 13, ch. 59-282; s. 1, ch. 63-55; s. 1, ch. 65-47; ss. 10, 11, 15, 35, ch. 69-106; s. 8, ch. 69-402; ss. 22, 23, ch. 73-338; s. 8, ch. 74-337; s. 1, ch. 77-174; s. 2, ch. 77-358; s. 99, ch. 79-400; s. 4, ch. 80-125; s. 3, ch. 89-189; s. 11, ch. 91-182; s. 1292, ch. 95-147; s. 5, ch. 97-285.

233.165  Standards for selection.--

(1)  In the selection of instructional materials, library books, and other reading material used in the public school system, the standards used to determine the propriety of the material shall include:

(a)  The age of the children who normally could be expected to have access to the material.

(b)  The educational purpose to be served by the material. In considering instructional materials for classroom use, priority shall be given to the selection of materials which encompass the state and district performance standards provided for in ss. 229.565 and 232.2454 and which include the instructional objectives contained within the curriculum frameworks approved by the State Board of Education, to the extent that appropriate curriculum frameworks have been approved by the board.

(c)  The degree to which the material would be supplemented and explained by mature classroom instruction as part of a normal classroom instructional program.

(d)  The consideration of the broad racial, ethnic, socioeconomic, and cultural diversity of the children of this state.

(2)  No books or other material containing hard-core pornography or otherwise prohibited by s. 847.012 shall be used in the public school system of this state.

History.--s. 7, ch. 75-284; s. 69, ch. 84-336; s. 7, ch. 92-100; s. 39, ch. 99-398.

233.17  Term of adoption for instructional materials.--

(1)  The term of adoption of any instructional materials must be an 8-year period beginning on April 1 following the adoption, except for the core subject areas which include mathematics, science, social studies, reading, and literature which shall be for a term not to exceed 6 years beginning on April 1 following the adoption. Any contract for instructional materials may be extended as prescribed in s. 233.16(3). The Commissioner of Education may approve terms of adoption of less than 8 years for materials in content areas which require more frequent revision.

(2)  Any contract placing an instructional material on adoption for 4 or more years shall provide that a publisher or manufacturer of instructional materials may, at the end of the third year during the term of the contract, upon giving 60 days' notification, increase such contract price to the publisher's or manufacturer's then-current lowest wholesale price at which the materials are then being offered to any state or school district in the United States, except that such adjustment shall not exceed the percentage by which the consumer price index as determined by the United States Department of Labor has increased during the time the contract has been in force. Such price increase shall remain in effect for the remaining term of the contract, unless the contract price is increased as permitted above.

(3)  The department shall publish annually an official schedule of subject areas to be called for adoption for each of the succeeding 2 years, and a tentative schedule for years 3, 4, 5, and 6. If extenuating circumstances warrant, the Commissioner of Education may order the department to add one or more subject areas to the official schedule, in which event the commissioner shall develop criteria for such additional subject area or areas pursuant to s. 229.512(18) and make them available to publishers as soon as practicable. Notwithstanding the provisions of s. 229.512(18), the criteria for such additional subject area or areas may be provided to publishers less than 24 months before the date on which bids are due. The schedule shall be developed so as to promote balance among the subject areas so that the required expenditure for new instructional materials is approximately the same each year in order to maintain curricular consistency.

History.--s. 717, ch. 19355, 1939; CGL 1940 Supp. 892(229); s. 14, ch. 59-282; s. 2, ch. 65-47; s. 9, ch. 74-337; s. 1, ch. 77-358; s. 5, ch. 80-125; s. 70, ch. 84-336; s. 4, ch. 89-189; s. 129, ch. 97-190; s. 6, ch. 97-285; s. 102, ch. 99-2; s. 19, ch. 99-398.

233.18  Copies of bids, contracts, and instructional materials retained.--Specimen copies of all instructional materials, which have been made the bases of contracts under the provisions of this chapter, shall, upon request for the purpose of public inspection, be made available by the publisher to the Department of Education and the superintendent of each school district that adopts such materials from the state list upon request for the purpose of public inspection. All contracts and bonds executed under the provisions of this chapter shall be signed in triplicate. One copy of each contract and an original of each bid, whether accepted or rejected, shall be preserved in the office of the Department of Education for at least 3 years beyond the termination of the contract.

History.--s. 718, ch. 19355, 1939; CGL 1940 Supp. 892(230); ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 5, ch. 89-189; s. 7, ch. 97-285.

233.22  Requisition of instructional materials from publisher's depository.--The superintendent shall requisition adopted instructional materials from the depository of the publisher with whom a contract has been made. The superintendent shall verify that such requisition is complete and accurate and order the depository to forward to him or her the adopted instructional materials shown by the requisition. The depository shall prepare an invoice of the materials shipped, including shipping charges, and mail it to the superintendent to whom the shipment is being made. The superintendent shall pay the depository within 60 days after receipt of the requisitioned materials from the appropriation for the purchase of adopted instructional materials.

History.--s. 722, ch. 19355, 1939; CGL 1940 Supp. 892(234); ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 10, ch. 74-337; s. 20, ch. 75-284; s. 1293, ch. 95-147.

233.25  Duties, responsibilities, and requirements of publishers and manufacturers of instructional materials.--Publishers and manufacturers of instructional materials, or their representatives, shall:

(1)  Comply with all provisions of this section.

(2)(a)  Deliver specimen copies of all instructional materials upon which bids or proposals are based to each member of a state instructional materials committee. At the conclusion of the review process, manufacturers submitting samples of instructional materials shall be entitled to the return thereof, at the expense of the manufacturers; or, in the alternative, the manufacturers shall be entitled to reimbursement by the individual committee members for the retail value of such samples.

(b)  Lend copies of such materials in quantities to be determined by the Department of Education to those districts participating in preadoption evaluations. At the conclusion of the review process, if the district does not return such instructional materials to the publishers and manufacturers, at their expense, the publishers and manufacturers shall be entitled to reimbursement by the district for the retail value of such materials.

(3)  Submit, at a time designated in s. 233.14, the following information:

(a)  Detailed specifications of the physical characteristics of such material. The publisher or manufacturer shall comply with such specifications if the material is adopted and purchased in completed form.

(b)  Written proof that the publisher has provided written correlations to appropriate curricular objectives included within applicable performance standards provided for in s. 229.565.

(4)  By a date set by the Commissioner of Education for the year that a committee is considering a specific academic area for adoption, each publisher or manufacturer shall submit to the committee a written description of how materials meet the specifications and criteria developed by the commissioner.

(5)  Make available for purchase by any district board any diagnostic, criterion-referenced, or other tests that they may develop.

(6)  Furnish the instructional materials offered by them at a price in the state which, including all costs of transportation to their depositories, shall not exceed the lowest price at which they offer such instructional materials for adoption or sale to any state or school district in the United States.

(7)  Reduce automatically the price of such instructional materials to any governing board to the extent that reductions are made elsewhere in the United States.

(8)  Provide any instructional materials free of charge in the state to the same extent as that received by any state or school district in the United States.

(9)  Guarantee that all copies of any instructional materials sold in this state will be at least equal in quality to the copies of such instructional materials that are sold elsewhere in the United States and will be kept revised, free from all errors, and up-to-date as may be required by the Department of Education.

(10)  Agree that any supplementary material developed at the district or state level does not violate the author's or publisher's copyright, provided such material is developed in accordance with the doctrine of fair use.

(11)  Not in any way, directly or indirectly, become associated or connected with any combination in restraint of trade in instructional materials, nor enter into any understanding, agreement, or combination to control prices or restrict competition in the sale of instructional materials for use in the state.

(12)  Maintain, or contract with, a depository in the state and maintain there an inventory sufficient to receive and fill orders for instructional materials.

(13)  Grant, without prior written request, for any copyright held by the publisher or its agencies automatic permission to the Department of Education or its agencies for the reproduction of textbooks and supplementary materials in braille or large print or in the form of sound recordings, for use by visually handicapped students or other students with disabilities that would benefit from use of the materials.

(14)  Upon the willful failure of the publisher or manufacturer to comply with the requirements of this section, be liable to the Department of Education in the amount of 3 times the total sum which the publisher or manufacturer was paid in excess of the price required under subsections (6) and (7) and in the amount of 3 times the total value of the instructional materials and services which the district board is entitled to receive free of charge under subsection (8).

History.--s. 725, ch. 19355, 1939; CGL 1940 Supp. 892(237), 8115(13); s. 15, ch. 59-282; ss. 15, 35, ch. 69-106; s. 10, ch. 69-402; s. 137, ch. 71-136; s. 11, ch. 74-337; s. 1, ch. 77-91; s. 1, ch. 77-174; s. 3, ch. 77-358; s. 8, ch. 80-125; s. 139, ch. 81-259; s. 71, ch. 84-336; s. 6, ch. 89-189; s. 12, ch. 91-182; s. 12, ch. 94-303; s. 8, ch. 97-285; s. 40, ch. 99-398.

233.255  Production and dissemination of educational materials and products by department.--

(1)  It is the intent of the Legislature that when educational materials and products are developed by or under the direction of the Department of Education, through research and development or other efforts, including those subject to copyright, patent, or trademark, they shall be made available for use by teachers, students, administrators, and other appropriate persons in the state system of education at the earliest practicable date and in the most economical and efficient manner possible.

(2)  To accomplish this objective the department is authorized to publish, produce, or have produced educational materials and products and to make them readily available for appropriate use in the state system of education. The department is authorized to charge an amount adequate to cover the essential cost of producing and disseminating such materials and products in the state system of education and is authorized to sell copies for educational use to nonpublic schools in the state and to the public.

(3)  All proceeds from the sale of such educational materials and products shall be remitted to the Treasurer and shall be kept in a separate fund to be known as the "Educational Media and Technology Trust Fund" and, when properly budgeted as approved by the Legislature and the Executive Office of the Governor, used to pay the cost of producing and disseminating educational materials and products to carry out the intent of this act.

(4)  In cases in which the materials or products are of such nature, or the circumstances are such, that it is not practicable or feasible for the department to produce or have produced materials and products so developed, it is authorized, after review and approval by the Department of State, to license, lease, assign, sell, or otherwise give written consent to any person, firm or corporation for the manufacture or use thereof, on a royalty basis, or for such other consideration as the department shall deem proper and in the best interest of the state; the department is authorized and directed to protect same against improper or unlawful use or infringement and to enforce the collection of any sums due for the manufacture or use thereof by any other party.

(5)  Nothing herein stated shall be construed to allow the Department of Education to enter into the business of producing or publishing textbooks, or the contents therein, for general use in classrooms.

History.--s. 24, ch. 73-338; s. 5, ch. 79-65; s. 105, ch. 79-190.

233.30  School board cooperative libraries.--Each school board may, at its discretion, make contracts or agreements with county or community groups or organizations for a cooperative program or programs of library establishment, maintenance, and use, and all such contracts or agreements with county or community groups or organizations shall provide that such cooperative school and county or school and community libraries shall be established on public school property and shall continue under the supervision and control of such school board; and such part of the costs therefor as may, by contract or agreement, be properly chargeable to such school board shall be defrayed out of available district general school funds or, under limitations prescribed by law, other funds which may be or may become available for such purposes.

History.--s. 730, ch. 19355, 1939; CGL 1940 Supp. 892(242); s. 1, ch. 69-300.

233.33  Announcement of adoption of instructional materials.--The Department of Education, as soon as practicable after it has adopted instructional materials and completed all contracts and approved bonds for the faithful performance of contracts for furnishing or supplying instructional materials for use in the public schools of the state, shall issue a statement announcing such fact to the people of the state.

History.--s. 733, ch. 19355, 1939; CGL 1940 Supp. 892(245); ss. 15, 35, ch. 69-106; s. 11, ch. 69-402; s. 12, ch. 74-337.

233.34  Use of instructional materials allocation; instructional materials, library books, and reference books; repair of books.--

(1)  On or before July 1 each year, the commissioner shall certify to the superintendent of each district the estimated allocation of state funds for instructional materials, computed pursuant to the provisions of chapter 236 for the ensuing fiscal year.

(2)  Each school district shall use the annual allocation for the purchase of instructional materials included on the state-adopted list. No less than 50 percent of the annual allocation shall be used to purchase items which will be used to provide instruction to students at the level or levels for which the materials are designed. However, up to 50 percent of the annual allocation may be used for the purchase of instructional materials, including library and reference books and nonprint materials, not included on the state-adopted list and for the repair and renovation of textbooks and library books. Notwithstanding the provisions of this subsection, school districts may use 100 percent of that portion of the annual allocation which is designated by the district for the purchase of instructional materials for kindergarten, and 75 percent of that portion of the annual allocation which is designated for the purchase of instructional materials for first grade, to purchase materials not on the state-adopted list.

(3)  Notwithstanding the definition of instructional materials in s. 233.07(4), the funds described in subsection (2) which school districts may use to purchase materials not on the state adopted list may be used for the purchase of instructional materials or other items having intellectual content which assist in the instruction of a subject or course. These items may be available in bound, unbound, kit, or package form and may consist of hardbacked or softbacked textbooks, replacements for items which were part of previously purchased instructional materials, consumables, learning laboratories, manipulatives, electronic media, computer courseware or software, and other commonly accepted instructional tools as prescribed by school board policy. The funds available to school districts for the purchase of materials not on the state adopted list may not be used to purchase electronic or computer hardware even if such hardware is bundled with software or other electronic media, nor may such funds be used to purchase equipment or supplies. However, when authorized to do so in the General Appropriations Act, a school or school district may use a portion of the funds available to it for the purchase of materials not on the state adopted list to purchase science laboratory materials and supplies.

(4)  Each district school board shall adopt policies, and each superintendent shall implement procedures, that will assure the maximum use by the students of the materials herein authorized.

(5)  District school boards are authorized to issue purchase orders subsequent to March 15 in an aggregate amount which does not exceed 20 percent of the current year's allocation, and subsequent to May 1 in an aggregate amount which does not exceed 90 percent of the current year's allocation, for the purpose of expediting the delivery of instructional materials which are to be paid for from the ensuing year's allocation.

(6)  In any year in which the total allocation for a district has not been expended or obligated prior to June 30, the district shall carry forward such unobligated amount and shall add this amount to the next year's allocation.

History.--s. 734, ch. 19355, 1939; CGL 1940 Supp. 892(246); s. 17, ch. 59-282; s. 5, ch. 65-420; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 1, ch. 71-62; s. 1, ch. 73-337; ss. 39, 40, ch. 73-338; s. 13, ch. 74-337; s. 2, ch. 78-405; s. 72, ch. 84-336; s. 47, ch. 87-329; s. 5, ch. 90-288; s. 9, ch. 97-285.

233.37  Disposal of instructional materials.--Under rules of the commissioner, or rules of the district school board which have been approved by the commissioner, the district school board may dispose of the instructional materials of an old adoption when they have become unserviceable, upon such terms and conditions as will yield their fair salvage value. The Department of Education shall enter into one or more contracts with recycling firms for periodic pickup in school districts of obsolete or unusable materials to be salvaged.

History.--s. 737, ch. 19355, 1939; CGL 1940 Supp. 892(249); s. 4, ch. 61-459; s. 1, ch. 63-55; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 14, ch. 74-337; s. 1, ch. 81-144; s. 73, ch. 84-336; s. 41, ch. 87-329; s. 7, ch. 89-189; s. 130, ch. 97-190.

233.38  Exchange of textbooks.--To effectuate economical and expeditious distribution of textbooks to the several districts of the state for use in the public schools, the Department of Education is directed to arrange for exchange of books among the several districts in accordance with their respective needs, and to that end, the superintendents in the several districts shall, upon direction from the department, crate and ship such books as shall be designated to such districts in the state as the department may determine, and the department may, when it deems advisable, direct surplus books in any district to be shipped to some central point to be designated by it to be held or distributed as the need therefor shall arise.

History.--s. 738, ch. 19355, 1939; CGL 1940 Supp. 892(250); ss. 15, 35, ch. 69-106; s. 1, ch. 69-300.

233.39  Renovation and repair of textbooks.--The Commissioner of Education shall prescribe rules and regulations under which the Department of Education shall, whenever requested to do so by any superintendent, make necessary arrangements for the renovation and repair of books that could thereby be put into serviceable condition. All proper expense in connection with such renovation and repair is declared to be a proper charge against the appropriation for the purchase of instructional materials by the school district. The commissioner, in order to assist district school boards in obtaining the most economical services, shall formulate and prescribe such rules and regulations for the letting of contracts for the renovation and repair of books used in the public schools of the state as in its judgment are practicable and economically feasible. The Department of Education shall enter into such contracts upon the basis of competitive sealed bids from responsible firms who must, prior to contract award, have on hand in their plants the equipment necessary to perform the work of rebinding specified by the department. For the purpose of rebinding, textbooks must be classified by the department as to size, and such classification must be the basis for bids from rebinding firms. Bids from rebinding firms must be on the basis of minimum quantities of 100 books in each classification. Such a contract for the renovation and repair of books used in the public schools of this state may not be entered when the cost of renovation and repair exceeds the original acquisition cost of such books or the cost of replacing such books, whichever is the lesser. However, this section does not prohibit the inmates of the state prison from repairing and renovating any public school textbooks or library books. Any suit that is instituted under this section must be brought in the name of the state, and any amount recovered by reason of such a suit must be deposited in the General Revenue Fund.

History.--s. 739, ch. 19355, 1939; CGL 1940 Supp. 892(251); s. 1, ch. 26900, 1951; s. 18, ch. 59-282; s. 1, ch. 63-55; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 16, ch. 74-337; s. 1, ch. 77-174; s. 5, ch. 90-268; s. 131, ch. 97-190.

233.43  Duties of superintendent relating to instructional materials.--The duties and responsibilities of each superintendent for the requisition, purchase, receipt, storage, distribution, use, conservation, records, and reports of, and management practices and property accountability concerning, instructional materials shall be prescribed by policies of the district school board. Such policies shall also provide for an evaluation of any instructional materials to be requisitioned that have not been used previously in the schools of the district.

History.--s. 743, ch. 19355, 1939; CGL 1940 Supp. 892(255); ss. 19, 20, ch. 59-282; ss. 91, 92, ch. 65-239; ss. 15, 19, 35, ch. 69-106; s. 1, ch. 69-300; s. 17, ch. 74-337; s. 1, ch. 77-174; s. 74, ch. 84-336; s. 6, ch. 85-191.

233.44  When instructional materials may be dropped from the records.--Instructional materials which have been sold, exchanged, lost, destroyed, or damaged and for which proper charges have been assessed and collected, and instructional materials which have been destroyed by fire or storm damage or by order of a competent health officer or the superintendent, shall be dropped from the record of instructional materials for which, as provided by law, school boards are held responsible.

History.--s. 744, ch. 19355, 1939; CGL 1940 Supp. 892(256); ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; ss. 18, 22, ch. 74-337.

233.45  Penalty for school officers dealing in textbooks.--No superintendent, school board member, or any person officially connected with the government of or direction of public schools, or teacher thereof, shall receive during the months actually engaged in performing duties under his or her contract any private fee, gratuity, donation, or compensation, in any manner whatsoever, for promoting the sale or exchange of any school book, map, or chart in any public school, or be an agent for the sale, or the publisher of any school textbook or reference work, or be directly or indirectly pecuniarily interested in the introduction of any such textbook, and any such agency or interest shall disqualify any person so acting or interested from holding any school office whatsoever, and the person so offending shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; provided, that this section not be construed as preventing the adoption of any book written in whole or in part by a Florida author.

History.--s. 745, ch. 19355, 1939; CGL 1940 Supp. 8115(14); s. 93, ch. 65-239; s. 1, ch. 69-300; s. 138, ch. 71-136; s. 1294, ch. 95-147.

233.46  Duties of principals.--The duties and responsibilities of principals for instructional materials management and care include:

(1)  PROPER USE OF INSTRUCTIONAL MATERIALS.--The principal is responsible for assuring that instructional materials are used to provide instruction to students enrolled at the grade level or levels for which the materials are designed, pursuant to policies of the school board.

(2)  MONEY COLLECTED FOR LOST OR DAMAGED BOOKS.--It shall be the duty and responsibility of each principal to collect from each pupil or the pupil's parent the purchase price of any instructional material the pupil has lost, destroyed, or unnecessarily damaged and to report and transmit such amounts so collected to the superintendent. If such material so lost, destroyed, or damaged has been in school use for more than 1 year, a sum ranging between 50 and 75 percent of the purchase price of the book shall be collected. Such sum shall be determined by the physical condition of the book. The failure to collect such sum upon reasonable effort by the principal may result in the suspension of the pupil from participation in extracurricular activities or satisfaction of the debt by the pupil through community service activities at the school site as determined by the principal.

(3)  SALE OF INSTRUCTIONAL MATERIALS.--The principal, when requested by the parent of a pupil in the school where he or she is employed, shall sell to such parent any instructional materials used in the school. All such sales shall be made under regulations prescribed by the school board.

(4)  DISPOSITION OF FUNDS.--All money collected from the sale, exchange, loss, or damage of instructional materials shall be transmitted to the superintendent to be deposited in the district school fund and added to the district appropriation for instructional materials.

(5)  CONSERVATION AND CARE.--Principals shall ascertain by inspection, and ensure through every available agency, that all books issued to the school by the superintendent, either in the hands of pupils or in storage, are cared for properly.

(6)  ACCOUNTING FOR TEXTBOOKS.--Principals shall see that all books are fully and properly accounted for as prescribed by rules of the local school district.

History.--s. 746, ch. 19355, 1939; CGL 1940 Supp. 892(257); s. 1, ch. 26922, 1951; s. 3, ch. 63-55; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 19, ch. 74-337; s. 1, ch. 77-174; s. 75, ch. 84-336; s. 47, ch. 87-329; s. 1295, ch. 95-147; s. 10, ch. 97-285.

233.47  Responsibility of pupils, parents, or guardians for instructional materials.--

(1)  All instructional materials heretofore or hereafter purchased under the provisions of this chapter shall be the property of the district. When distributed to the pupils, such materials shall be merely loaned to the pupils of the school while pursuing the courses of study therein and are to be returned at the direction of the principal or teacher in charge. Each parent, guardian, or other person having charge of a pupil to whom or for whom materials have been issued, as provided herein, shall be held liable for any loss or destruction of, or unnecessary damage to, such materials or for failure of such pupil to return such materials when directed by the principal or teacher in charge, and shall be required to pay for such loss, destruction, or unnecessary damage as provided by law.

(2)  Nothing in this chapter shall be construed to prohibit parents, guardians, or other persons from purchasing from the district school board instructional materials adopted by the state under the provisions of the school code.

History.--s. 747, ch. 19355, 1939; CGL 1940 Supp. 892(258); s. 20, ch. 74-337.

233.48  Expenses; budget request.--The Commissioner of Education shall include in the department's annual legislative budget a request for funds in an amount sufficient to provide the necessary expense for:

(1)  The instructional materials committees.

(2)  Operating expense of the surplus instructional materials exchange.

(3)  Instructional materials for use by partially sighted pupils.

(4)  Other specific and necessary state expense of the instructional materials program.

History.--s. 748, ch. 19355, 1939; CGL 1940 Supp. 892(259); s. 4, ch. 63-55; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 21, ch. 74-337; s. 19, ch. 75-284; s. 13, ch. 91-182.

233.49  Textbooks; children with impaired vision.--The Department of Education is authorized to purchase and arrange for distribution among district school systems previously adopted textbooks which are prepared in various media for the use of partially sighted children enrolled in the public schools of Florida.

History.--s. 1, ch. 63-373; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300.

233.61  Out-of-school learning activities.--The Commissioner of Education is authorized to promote academic out-of-school learning activities and to provide recognition of significant accomplishments for such learning through soliciting the cooperation of schools and civic and other community organizations which may act as volunteer sponsors of such activities. The focus of such activities shall be academic areas, with an emphasis on mathematics and science and their applications.

History.--s. 17, ch. 83-324.

233.63  Instructional materials; dual enrollment students.--

(1)  Instructional materials purchased by a district school board or community college board of trustees on behalf of dual enrollment students shall be the property of the board against which the purchase is charged.

(2)  Instructional materials assigned for use within dual enrollment courses shall be made available to dual enrollment students free of charge. Students enrolled in postsecondary instruction not creditable toward a high school diploma shall not be considered dual enrollments and shall be required to assume the cost of instructional materials necessary for such instruction.

History.--s. 3, ch. 87-212.