CODING: Words stricken are deletions; words underlined are additions.

House Bill 0981

Florida House of Representatives - 1997 HB 981 By Representative Livingston 1 A bill to be entitled 2 An act relating to instructional materials; 3 amending s. 233.07, F.S.; deleting obsolete 4 language relating to state instructional 5 materials committee appointments; conforming 6 provisions relating to committee meetings; 7 amending s. 233.09, F.S.; revising provisions 8 relating to evaluation of instructional 9 materials by state instructional materials 10 committees; deleting obsolete provisions; 11 amending s. 233.11, F.S.; conforming language 12 relating to committee procedures; amending s. 13 233.16, F.S.; authorizing a publisher or 14 manufacturer to provide a cash deposit in lieu 15 of a bond; revising provisions relating to 16 preservation of contracts; amending s. 233.18, 17 F.S.; revising requirements for specimen copies 18 of instructional materials; amending s. 233.25, 19 F.S.; revising requirements for samples of 20 nonprint instructional materials; revising 21 requirements of publishers or manufacturers 22 relating to description of instructional 23 materials; conforming provisions; amending ss. 24 233.46 and 233.47, F.S.; providing additional 25 penalties for lost or damaged books; deleting 26 obsolete provisions; providing an effective 27 date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 981 549-129-97 1 Section 1. Paragraphs (a) and (d) of subsection (2) of 2 section 233.07, Florida Statutes, are amended to read: 3 233.07 State instructional materials committees.-- 4 (2)(a) All appointments shall be pursuant to the 5 conditions prescribed in this section. No member shall serve 6 more than two consecutive terms on any committee. After 7 October 1, 1991, All appointments shall be for 18-month terms. 8 All vacancies shall be filled in the manner of the original 9 appointment for only the time remaining in the unexpired term. 10 A committee member whose term has not expired as of July 1, 11 1991, shall continue to serve for the remaining period of his 12 or her appointment. At no time may a school district have 13 more than one representative on a committee, it being the 14 intent of the Legislature to involve representatives from the 15 maximum number of school districts in the process of 16 instructional materials selection. The Commissioner of 17 Education and a member of the Department of Education whom he 18 or she shall designate shall be additional and ex officio 19 members of each committee. 20 (d) Each committee shall meet at the call of its 21 chair, at the request of a majority of its membership, at the 22 request of the division, or at such times as may be prescribed 23 by its rules. Any member who fails to attend two consecutive 24 meetings without cause may be removed by the Commissioner of 25 Education. 26 Section 2. Subsection (4) of section 233.09, Florida 27 Statutes, is amended to read: 28 233.09 Duties of each state instructional materials 29 committee.--The duties of each state instructional materials 30 committee shall be: 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 981 549-129-97 1 (4) EVALUATION OF INSTRUCTIONAL MATERIALS.--To 2 evaluate carefully all instructional materials submitted, to 3 ascertain which instructional materials, if any, submitted for 4 consideration best implement the selection criteria developed 5 by the Commissioner of Education and those curricular 6 objectives included within applicable curriculum frameworks 7 approved by the State Board of Education and the state and 8 district performance standards provided for in s. ss. 229.565 9 and 232.2454. The committees shall file with the Commissioner 10 of Education a written statement of the procedures used in the 11 evaluation of instructional materials, and certified copies of 12 such statements shall be made available to the public upon 13 request. The state instructional materials committees shall 14 be prohibited from conducting their assigned duties until such 15 written statements are on file with the Commissioner of 16 Education. 17 (a) When recommending instructional materials for use 18 in the schools, each committee shall include only 19 instructional materials that accurately portray the ethnic, 20 socioeconomic, cultural, and racial diversity of our society, 21 including men and women in professional, vocational, and 22 executive roles, and the role and contributions of the 23 entrepreneur and labor in the total development of this state 24 and the United States. 25 (b) When recommending instructional materials for use 26 in the schools, each committee shall include only materials 27 which accurately portray, whenever appropriate, humankind's 28 place in ecological systems, including the necessity for the 29 protection of our environment and conservation of our natural 30 resources and the effects on the human system of the use of 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 981 549-129-97 1 tobacco, alcohol, controlled substances, and other dangerous 2 substances. 3 (c) When recommending instructional materials for use 4 in the schools, each committee shall require such materials as 5 it deems necessary and proper to encourage thrift, fire 6 prevention, and humane treatment of people and animals. 7 (d) When recommending instructional materials for use 8 in the schools, each committee shall require, when appropriate 9 to the comprehension of pupils, that materials for social 10 science, history, or civics classes contain the Declaration of 11 Independence and the Constitution of the United States. No 12 instructional materials shall be recommended by any committee 13 for use in the schools which contain any matter reflecting 14 unfairly upon persons because of their race, color, creed, 15 national origin, ancestry, gender, or occupation. 16 (e) Instructional materials recommended for 17 mathematics, science, and computer education shall be 18 consistent with the Comprehensive Plan for Mathematics, 19 Science, and Computer Education. 20 (e)(f) All instructional materials recommended by each 21 committee for use in the schools shall be, to the satisfaction 22 of each committee, accurate, objective, and current and suited 23 to the needs and comprehension of pupils at their respective 24 grade levels. Instructional materials committees shall 25 consider for adoption materials developed for academically 26 talented students such as those enrolled in advanced placement 27 courses. 28 (f)(g) When recommending instructional materials for 29 use in the schools, each committee shall have the 30 recommendations of all districts which submit evaluations on 31 the materials submitted for adoption in that particular 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 981 549-129-97 1 subject area aggregated and presented to the members to aid 2 them in the selection process; however, such aggregation shall 3 be weighted in accordance with the full-time equivalent 4 student percentage of each district. Each committee shall 5 prepare an additional aggregation, unweighted, with each 6 district recommendation given equal consideration. No 7 instructional materials shall be evaluated or recommended for 8 adoption unless each of the district committees shall have 9 been loaned the specified number of samples. 10 (g)(h) In addition to relying on statements of 11 publishers or manufacturers of instructional material, any 12 committee may conduct, or cause to be conducted, an 13 independent investigation as to the compliance of submitted 14 materials with the requirements of this section. 15 (i) In the event that, after good faith acquisition of 16 instructional materials by a district school board, the 17 instructional materials are found to be not in accordance with 18 the requirements of this subsection and the school board is 19 unable to acquire other instructional materials which meet the 20 requirements of this subsection in time for them to be used as 21 intended, the school board may use the acquired materials, but 22 only for that academic year. 23 Section 3. Section 233.11, Florida Statutes, is 24 amended to read: 25 233.11 Contact with publishers, manufacturers, or 26 their representatives prohibited.--It is unlawful for any 27 member of a state instructional materials committee to discuss 28 matters relating to instructional materials submitted for 29 adoption with any agent of a publisher or manufacturer of 30 instructional materials, either directly or indirectly, except 31 during the period when the committee shall have been called 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 981 549-129-97 1 into session for the purpose of evaluating instructional 2 materials submitted for adoption. Such discussions shall be 3 limited to official meetings of the committee and in 4 accordance with procedures rules and regulations adopted by 5 the committee for that purpose. 6 Section 4. Subsection (2) and paragraph (c) of 7 subsection (4) of section 233.16, Florida Statutes, are 8 amended to read: 9 233.16 Powers and duties of Department of Education in 10 selecting and adopting instructional materials.--The powers 11 and duties of the Department of Education in selecting and 12 adopting instructional materials shall be: 13 (2) CONTRACT WITH PUBLISHERS OR MANUFACTURERS; 14 BOND.--As soon as practicable after the department has adopted 15 any instructional materials and all bidders that have secured 16 the adoption of any instructional materials have been notified 17 of the same by registered letter, the Department of Legal 18 Affairs shall prepare a contract in accordance with the 19 provisions of the school code with every bidder awarded the 20 adoption of any instructional materials. Said contracts shall 21 be executed by the Governor and Secretary of State under the 22 seal of the state, one copy to be kept by the contractor, one 23 copy to be filed in the Department of State, and one copy to 24 be filed in the Department of Education. After giving due 25 consideration to comments by the districts, the department, 26 with the agreement of the publisher, may extend or shorten a 27 contract period for a period not to exceed 2 years; and the 28 terms of any such contract shall remain the same as those set 29 forth in the original contract. Any publisher or manufacturer 30 to whom any contract is let under the provisions of this 31 chapter must give bond in such amount as the department deems 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 981 549-129-97 1 advisable, payable to the state, conditioned for the faithful, 2 honest, and exact performance of the contract. The bond must 3 further provide for the payment of reasonable attorney's fees 4 in case of recovery in any suit upon the same. The surety on 5 the bond must be a guaranty or surety company authorized by 6 the laws of the state to do business in the state; however, 7 the bond shall not be exhausted by a single recovery but may 8 be sued upon from time to time until the full amount thereof 9 is recovered, and the department may at any time, after giving 10 30 days' notice, require additional security or additional 11 bond. The form of any bond or bonds or contract or contracts 12 under the provisions of this chapter shall be prepared and 13 approved by the Department of Legal Affairs. At the discretion 14 of the Commissioner of Education, a publisher or manufacturer 15 to whom any contract is let under provisions of this chapter 16 may be allowed a cash deposit in lieu of a bond, conditioned 17 for the faithful, honest, and exact performance of the 18 contract. The cash deposit, payable to the Department of 19 Education, shall be placed in the Textbook Bid Trust Fund. 20 The department may recover damages on the cash deposit given 21 by the contractor for failure to furnish instructional 22 materials, the sum recovered to inure to the General Revenue 23 Fund. 24 (4) RETURN OF DEPOSITS.-- 25 (c) One copy of each contract and an original of each 26 bid, whether accepted or rejected, shall be preserved in the 27 office of the Department of Education for at least 3 5 years 28 beyond the termination of the contract. 29 Section 5. Section 233.18, Florida Statutes, is 30 amended to read: 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 981 549-129-97 1 233.18 Copies of bids, contracts, and instructional 2 materials books retained.--Specimen copies of all 3 instructional materials textbooks, which have been made the 4 bases of contracts under the provisions of this chapter, 5 shall, upon request for the purpose of public inspection, be 6 made available by the publisher to clearly marked and 7 identified as such, shall be deposited by their publishers 8 with the Department of Education and the superintendent of 9 each school district that adopts such materials from the state 10 list, which specimens shall be preserved and kept open for 11 inspection by the public. All contracts and bonds executed 12 under the provisions of this chapter shall be signed in 13 triplicate. One copy of each contract and an original of each 14 bid, whether accepted or rejected, shall be preserved in the 15 office of the Department of Education for at least 3 5 years 16 beyond the termination of the contract. 17 Section 6. Subsections (2), (4), (9), and (14) and 18 paragraph (b) of subsection (3) of section 233.25, Florida 19 Statutes, are amended to read: 20 233.25 Duties, responsibilities, and requirements of 21 publishers and manufacturers of instructional 22 materials.--Publishers and manufacturers of instructional 23 materials, or their representatives, shall: 24 (2)(a) Deliver specimen copies of all instructional 25 materials upon which bids or proposals are based to each 26 member of a state instructional materials committee. Written 27 descriptions and representative samples of each nonprint 28 instructional material upon which a bid or proposal is based 29 shall be delivered for use by all members of the committee. 30 At the conclusion of the review process, manufacturers 31 submitting samples of instructional materials shall be 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 981 549-129-97 1 entitled to the return thereof, at the expense of the 2 manufacturers; or, in the alternative, the manufacturers shall 3 be entitled to reimbursement by the individual committee 4 members for the retail value of such samples. 5 (b) Loan copies of such materials in quantities to be 6 determined by the Department of Education to those districts 7 participating in preadoption evaluations or in lieu thereof, 8 in the case of nonprint instructional materials, descriptions 9 and representative selections therefrom. At the conclusion of 10 the review process, if the district does not return such 11 instructional materials to the publishers and manufacturers, 12 at their expense, the publishers and manufacturers shall be 13 entitled to reimbursement by the district for the retail value 14 of such materials. 15 (3) Submit, at a time designated in s. 233.14, the 16 following information: 17 (b) Written proof that the publisher has provided 18 written correlations to appropriate curricular objectives 19 included within applicable performance standards provided for 20 in s. 229.565 the following instructional objectives when 21 appropriate: standards of excellence, the minimum student 22 performance standards, and the raise achievement in secondary 23 education program (RAISE) which provides for curriculum 24 frameworks for secondary level courses. 25 (4) By a date set by the Commissioner of Education for 26 the year that a committee is considering a specific academic 27 area for adoption, each publisher or manufacturer shall submit 28 to the committee a written description of how materials meet 29 each of the specifications and criteria developed by the 30 commissioner. The description shall include an explanation of 31 the function and goals of the instructional materials program, 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 981 549-129-97 1 including the rationale for the design of the program, and the 2 relationship between each of the components comprising the 3 program. Such reports shall be made available to each school 4 district. 5 (9) Guarantee that all copies of any instructional 6 materials sold in this state will be at least equal in quality 7 to the copies of such instructional materials that are sold 8 elsewhere in the United States and will be kept revised, free 9 from all errors, and up-to-date as may be required by the 10 Department of Education state board. 11 (14) Upon the willful failure of the publisher or 12 manufacturer to comply with the requirements of this section, 13 be liable to the Department of Education state board in the 14 amount of 3 times the total sum which the publisher or 15 manufacturer was paid in excess of the price required under 16 subsections (6) and (7) and in the amount of 3 times the total 17 value of the instructional materials and services which the 18 district board is entitled to receive free of charge under 19 subsection (8). 20 Section 7. Subsections (2), (6), and (7) of section 21 233.46, Florida Statutes, are amended to read: 22 233.46 Duties of principals.--The duties and 23 responsibilities of principals for instructional materials 24 management and care include: 25 (2) MONEY COLLECTED FOR LOST OR DAMAGED BOOKS.--It 26 shall be the duty and responsibility of each principal to 27 collect from each pupil or the pupil's parent the purchase 28 price of any instructional material the pupil has lost, 29 destroyed, or unnecessarily damaged and to report and transmit 30 such amounts so collected to the superintendent. If such 31 material so lost, destroyed, or damaged has been in school use 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 981 549-129-97 1 for more than 1 year, a sum ranging between 50 and 75 percent 2 of the purchase price of the book shall be collected. Such 3 sum shall be determined by the physical condition of the book. 4 The failure to collect such sum upon reasonable effort by the 5 principal may result in the suspension of the pupil from 6 participation in extracurricular activities or satisfaction of 7 the debt by the pupil through community service activities at 8 the school site as determined by the principal. 9 (6) ACCOUNTING FOR TEXTBOOKS.--Principals shall see 10 that all books are fully and properly accounted for as on 11 forms prescribed by rules of the local school district the 12 state board, and on forms which are supplied through the 13 office of the superintendent. 14 (7) RECORDS AND REPORTS.--Principals shall prepare and 15 transmit such textbook records and reports as may be required 16 by the Department of Education and such supplementary records 17 and reports as the superintendent may direct. 18 Section 8. Subsection (1) of section 233.47, Florida 19 Statutes, is amended to read: 20 233.47 Responsibility of pupils, parents, or guardians 21 for instructional materials.-- 22 (1) All instructional materials heretofore or 23 hereafter purchased under the provisions of this chapter shall 24 be the property of the district. When distributed to the 25 pupils, such materials shall be merely loaned to the pupils of 26 the school while pursuing the courses of study therein and are 27 to be returned at the direction of the principal or teacher in 28 charge. Each parent, guardian, or other person having charge 29 of a pupil to whom or for whom materials have been issued, as 30 provided herein, shall be held liable for any loss or 31 destruction of, or unnecessary damage to, such materials or 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 981 549-129-97 1 for failure of such pupil to return such materials when 2 directed by the principal or teacher in charge, and shall be 3 required to reimburse the school district immediately pay for 4 such loss, destruction, or unnecessary damage as provided by 5 law. In addition, the parent, guardian, or other person having 6 charge of a pupil to whom or for whom materials have been 7 issued shall be responsible for the reimbursement of any court 8 costs and attorney's fees incurred by the school district in 9 pursuit of its rights pursuant to this section if the school 10 district prevails in such an action. 11 Section 9. This act shall take effect July 1, 1997. 12 13 ***************************************** 14 HOUSE SUMMARY 15 With respect to instructional materials in the public 16 schools, revises provisions relating to: state instructional materials committees; evaluation of 17 instructional materials; committee procedures; publisher or manufacturer requirements; preservation of contracts; 18 specimen copies of instructional materials; and penalties for lost or damaged instructional materials. 19 20 21 22 23 24 25 26 27 28 29 30 31 12