Senate Bill 1006c1

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    Florida Senate - 1999                           CS for SB 1006

    By the Committees on Education and Education





    304-1658B-99

  1                      A bill to be entitled

  2         An act relating to instructional materials;

  3         amending s. 230.23, F.S.; defining the term

  4         "adequate instructional materials" to mean

  5         providing each student with a textbook or

  6         certain other materials; amending s. 233.09,

  7         F.S.; eliminating the requirements for

  8         providing weighted and unweighted aggregations;

  9         amending s. 233.16, F.S.; changing the

10         reference from the Department of Education to

11         the Commissioner of Education with respect to

12         certain duties in selecting and adopting

13         instructional materials; eliminating a

14         condition for rejecting bids; amending s.

15         233.17, F.S.; eliminating the optional

16         escalator clause in certain contracts; amending

17         s. 233.22, F.S.; requiring the superintendent

18         to requisition certain materials; allowing the

19         superintendent to requisition certain

20         materials; amending s. 233.25, F.S.; requiring

21         publishers and manufacturers to retain

22         instructional materials in a depository for a

23         specified period of time and to ensure the

24         availability of materials; authorizing the

25         Commissioner of Education to accept certain

26         submissions under certain circumstances;

27         amending s. 233.34, F.S.; requiring school

28         districts to purchase instructional materials

29         in core courses of subject areas within a

30         specified time; providing exceptions; allowing

31         school districts to make certain purchases when

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  1         authorized in the General Appropriations Act;

  2         amending s. 233.37, F.S.; providing for the

  3         disposal of unserviceable instructional

  4         materials and those no longer on state

  5         contract; eliminating contracts between the

  6         Department of Education and recycling firms;

  7         authorizing the district school board to

  8         prescribe policies for destroying instructional

  9         materials; requiring that certain moneys be

10         deposited in the district school fund and added

11         to the district appropriation for instructional

12         materials; repealing s. 233.38, F.S., relating

13         to the exchange of textbooks by certain

14         districts; amending s. 233.43, F.S.; requiring

15         district school board policies to include the

16         superintendent's responsibilities for keeping

17         records pursuant to s. 233.46(4), F.S.;

18         requiring reports; amending s. 233.46, F.S.;

19         requiring policies by district school boards

20         related to lost or damaged books; requiring a

21         report by the Department of Education;

22         requiring that the Executive Office of the

23         Governor and the Secretary of State renegotiate

24         existing contracts for certain instructional

25         materials in core subject areas; providing an

26         effective date.

27

28  Be It Enacted by the Legislature of the State of Florida:

29

30         Section 1.  Subsection (7) of section 230.23, Florida

31  Statutes, 1998 Supplement, is amended to read:

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  1         230.23  Powers and duties of school board.--The school

  2  board, acting as a board, shall exercise all powers and

  3  perform all duties listed below:

  4         (7)  COURSES OF STUDY AND OTHER INSTRUCTIONAL

  5  AIDS.--Provide adequate instructional aids for all children as

  6  follows and in accordance with the requirements of chapter

  7  233. For purposes of this subsection, adequate instructional

  8  materials means providing each student with a textbook or set

  9  of materials serving as the basis for instruction in the core

10  courses of mathematics, language arts, social studies,

11  science, reading, and literature, unless the school advisory

12  council approves the use of a program that does not include a

13  textbook as a major tool of instruction.

14         (a)  Courses of study; adoption.--Adopt courses of

15  study for use in the schools of the district.

16         (b)  Textbooks.--Provide for proper requisitioning,

17  distribution, accounting, storage, care, and use of all

18  textbooks and other books furnished by the state and furnish

19  such other textbooks and library books as may be needed. The

20  school board is responsible for assuring that instructional

21  materials used in the district are consistent with the

22  district goals and objectives and the curriculum frameworks

23  approved by the State Board of Education, as well as with the

24  state and district performance standards provided for in ss.

25  229.565 and 232.2454.

26         (c)  Other instructional aids.--Provide such other

27  teaching accessories and aids as are needed to carry out the

28  program.

29         (d)  School library media services; establishment and

30  maintenance.--Establish and maintain school library media

31  centers, or school library media centers open to the public,

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  1  and, in addition thereto, such traveling or circulating

  2  libraries as may be needed for the proper operation of the

  3  district school system. Establish and maintain a program of

  4  school library media services for all public schools.

  5         Section 2.  Paragraph (f) of subsection (4) of section

  6  233.09, Florida Statutes, is amended to read:

  7         233.09  Duties of each state instructional materials

  8  committee.--The duties of each state instructional materials

  9  committee shall be:

10         (4)  EVALUATION OF INSTRUCTIONAL MATERIALS.--To

11  evaluate carefully all instructional materials submitted, to

12  ascertain which instructional materials, if any, submitted for

13  consideration best implement the selection criteria developed

14  by the Commissioner of Education and those curricular

15  objectives included within applicable performance standards

16  provided for in s. 229.565.

17         (f)  When recommending instructional materials for use

18  in the schools, each committee shall have the recommendations

19  of all districts which submit evaluations on the materials

20  submitted for adoption in that particular subject area

21  aggregated and presented to the members to aid them in the

22  selection process.; however, such aggregation shall be

23  weighted in accordance with the full-time equivalent student

24  percentage of each district. Each committee shall prepare an

25  additional aggregation, unweighted, with Each district

26  recommendation shall be given equal consideration.  No

27  instructional materials shall be evaluated or recommended for

28  adoption unless each of the district committees shall have

29  been loaned the specified number of samples.

30         Section 3.  Subsection (2) of section 233.16, Florida

31  Statutes, is amended to read:

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  1         233.16  Powers and duties of Department of Education in

  2  selecting and adopting instructional materials.--The powers

  3  and duties of the Department of Education in selecting and

  4  adopting instructional materials shall be:

  5         (2)  SELECTION AND ADOPTION OF INSTRUCTIONAL

  6  MATERIALS.--The Department of Education shall notify all

  7  publishers or manufacturers of instructional materials who

  8  have submitted bids that within 3 weeks after the deadline for

  9  receiving bids, at a designated time and place, it will open

10  bids and proposals which have been submitted and deposited

11  with the Department of Education.  At the time and place

12  designated, the bids or proposals shall be opened, read, and

13  tabulated in the presence of the bidders or their

14  representatives.  No one may revise his or her bid after the

15  bids have been filed.  When all bids or proposals have been

16  carefully considered, the Commissioner of Education department

17  shall, from the list of suitable, usable, and desirable

18  instructional materials reported by the state instructional

19  materials committee, select and adopt instructional materials

20  for each grade and subject field in the curriculum of public

21  elementary and secondary schools in the state in which

22  adoptions are made and in the subject areas designated in the

23  advertisement, which adoption shall continue for the period

24  specified in the advertisement, to begin on the ensuing April

25  1.  Such adoption shall not prevent the extension of a

26  contract as provided in subsection (3).  The Commissioner of

27  Education department shall always reserve to itself the right

28  to reject any and all bids or proposals if it is of the

29  opinion that any or all bids, for any reason, should be

30  rejected. The Commissioner of Education department may ask for

31  new sealed bids from publishers or manufacturers whose

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  1  instructional materials were recommended by the state

  2  instructional materials committee as suitable, usable, and

  3  desirable; specify the dates for filing such bids and the date

  4  on which they shall be opened; and proceed in all matters

  5  regarding the opening of bids and the awarding of contracts as

  6  required by the terms and provisions of this chapter. In all

  7  cases, bids or proposals shall be accompanied by a cash

  8  deposit or certified check of from $500 to $2,500, as the

  9  Commissioner of Education department may direct.  The

10  department, in adopting instructional materials, shall give

11  due consideration both to the prices bid for furnishing

12  instructional materials and to the report and recommendations

13  of the state instructional materials committee. When the

14  Commissioner of Education department has finished with the

15  report of the state instructional materials committee, the

16  report shall be filed and preserved in the office of the

17  Department of Education and shall be available at all times

18  for public inspection.

19         Section 4.  Section 233.17, Florida Statutes, is

20  amended to read:

21         233.17  Term of adoption for instructional materials.--

22         (1)  The term of adoption of any instructional

23  materials must be an 8-year period beginning on April 1

24  following the adoption, except for the core subject areas

25  which include mathematics, science, social studies, reading,

26  and literature which shall be for a term not to exceed 6 years

27  beginning on April 1 following the adoption. Any contract for

28  instructional materials may be extended as prescribed in s.

29  233.16(2).  The Commissioner of Education may approve terms of

30  adoption of less than 8 years for materials in content areas

31  which require more frequent revision.

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  1         (2)  Any contract placing an instructional material on

  2  adoption for 4 or more years shall provide that a publisher or

  3  manufacturer of instructional materials may, at the end of the

  4  third year during the term of the contract, upon giving 60

  5  days' notification, increase such contract price to the

  6  publisher's or manufacturer's then-current lowest wholesale

  7  price at which the materials are then being offered to any

  8  state or school district in the United States, except that

  9  such adjustment shall not exceed the percentage by which the

10  consumer price index as determined by the United States

11  Department of Labor has increased during the time the contract

12  has been in force.  Such price increase shall remain in effect

13  for the remaining term of the contract, unless the contract

14  price is increased as permitted above.

15         (2)(3)  The department shall publish annually an

16  official schedule of subject areas to be called for adoption

17  for each of the succeeding 2 years, and a tentative schedule

18  for years 3, 4, 5, and 6. If extenuating circumstances

19  warrant, the Commissioner of Education may order the

20  department to add one or more subject areas to the official

21  schedule, in which event the commissioner shall develop

22  criteria for such additional subject area or areas pursuant to

23  s. 229.512(15) and make them available to publishers as soon

24  as practicable. Notwithstanding the provisions of s.

25  229.512(15), the criteria for such additional subject area or

26  areas may be provided to publishers less than 24 months before

27  the date on which bids are due. The schedule shall be

28  developed so as to promote balance among the subject areas so

29  that the required expenditure for new instructional materials

30  is approximately the same each year in order to maintain

31  curricular consistency.

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  1         Section 5.  Section 233.22, Florida Statutes, is

  2  amended to read:

  3         233.22  Requisition of instructional materials from

  4  publisher's depository.--

  5         (1)  The superintendent shall requisition adopted

  6  instructional materials from the depository of the publisher

  7  with whom a contract has been made. However, the

  8  superintendent shall requisition current instructional

  9  materials to provide each student with a textbook or other

10  materials as a major tool of instruction in core courses of

11  the subject areas in s. 233.34(2). These materials must be

12  requisitioned within the first 2 years of the adoption cycle,

13  except for instructional materials related to growth of

14  student membership or instructional-materials-maintenance

15  needs. The superintendent may requisition instructional

16  materials in the core subject areas in s. 233.34(2) that are

17  related to growth of student membership or

18  instructional-materials-maintenance needs during the 3rd, 4th,

19  5th, and 6th years of the original contract period.

20         (2)  The superintendent shall verify that such

21  requisition is complete and accurate and order the depository

22  to forward to him or her the adopted instructional materials

23  shown by the requisition.  The depository shall prepare an

24  invoice of the materials shipped, including shipping charges,

25  and mail it to the superintendent to whom the shipment is

26  being made. The superintendent shall pay the depository within

27  60 days after receipt of the requisitioned materials from the

28  appropriation for the purchase of adopted instructional

29  materials.

30         Section 6.  Subsections (8) and (12) of section 233.25,

31  Florida Statutes, are amended, present subsections (13) and

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  1  (14) of that section are redesignated as subsections (16) and

  2  (17), respectively, and new subsections (13), (14), and (15)

  3  are added to that section, to read:

  4         233.25  Duties, responsibilities, and requirements of

  5  publishers and manufacturers of instructional

  6  materials.--Publishers and manufacturers of instructional

  7  materials, or their representatives, shall:

  8         (8)  Provide any instructional materials free of charge

  9  in the state to the same extent as that received by any state

10  or school district in the United States. The commissioner may

11  accept submissions that reflect a charge for ancillary

12  materials provided free of charge in other states' contracts

13  if the publisher can reduce the total program cost to Florida

14  school districts.

15         (12)  Maintain, or contract with, a depository in the

16  state and maintain there an inventory sufficient to receive

17  and fill orders for instructional materials.

18         (13)  For the core subject areas in s. 233.34(2),

19  maintain in the depository for the first 2 years of the

20  contract an inventory of instructional materials that is

21  sufficient to receive and fill orders.

22         (14)  For the core subject areas in s. 233.34(2),

23  ensure the availability of an inventory sufficient to receive

24  and fill orders for instructional materials for growth,

25  including the opening of a new school, and replacement during

26  the 3rd, 4th, 5th, and 6th years of the original contract

27  period.

28         (15)  For all other subject areas, maintain in the

29  depository an inventory of instructional materials that is

30  sufficient to receive and fill orders.

31

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  1         Section 7.  Section 233.34, Florida Statutes, is

  2  amended to read:

  3         233.34  Use of instructional materials allocation;

  4  instructional materials, library books, and reference books;

  5  repair of books; exceptions.--

  6         (1)  On or before July 1 each year, the commissioner

  7  shall certify to the superintendent of each district the

  8  estimated allocation of state funds for instructional

  9  materials, computed pursuant to the provisions of chapter 236

10  for the ensuing fiscal year.

11         (2)(a)  Each school district must purchase current

12  instructional materials to provide each student with a

13  textbook or other instructional materials as a major tool of

14  instruction in core courses of the subject areas of

15  mathematics, language arts, science, social studies, reading,

16  and literature for kindergarten through grade 12. Such

17  purchase must be made within the first 2 years of the

18  effective date of the adoption cycle.

19         (b)  The requirement in paragraph (a) does not apply to

20  contracts in existence prior to April 1, 1999, or to a

21  purchase related to growth of student membership in the

22  district or for instructional-materials-maintenance needs.

23         (c)  Any school district that meets the requirement in

24  paragraph (a) may use 5 percent of the following funds to

25  purchase laptop computers for use as readers when authorized

26  to do so in the General Appropriations Act:

27         1.  Instructional materials funds, notwithstanding the

28  definition of instructional materials in s. 233.07(4) or the

29  provisions in s. 233.34(3); or

30         2.  Public school technology funds.

31

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  1         (d)  The exceptions in subsections (3) and (4) for the

  2  use of the annual allocation do not apply to this subsection.

  3         (3)(a)(2)  Each school district shall use the annual

  4  allocation for the purchase of instructional materials

  5  included on the state-adopted list.  No less than 50 percent

  6  of the annual allocation shall be used to purchase items which

  7  will be used to provide instruction to students at the level

  8  or levels for which the materials are designed.

  9         (b)  However, up to 50 percent of the annual allocation

10  may be used for the purchase of instructional materials,

11  including library and reference books and nonprint materials,

12  not included on the state-adopted list and for the repair and

13  renovation of textbooks and library books.

14         (c)  Notwithstanding the provisions of this subsection,

15  school districts may use 100 percent of that portion of the

16  annual allocation which is designated by the district for the

17  purchase of instructional materials for kindergarten, and 75

18  percent of that portion of the annual allocation which is

19  designated for the purchase of instructional materials for

20  first grade, to purchase materials not on the state-adopted

21  list.

22         (4)(3)  Notwithstanding the definition of instructional

23  materials in s. 233.07(4), the funds described in subsection

24  (3) (2) which school districts may use to purchase materials

25  not on the state adopted list may be used for the purchase of

26  instructional materials or other items having intellectual

27  content which assist in the instruction of a subject or

28  course. These items may be available in bound, unbound, kit,

29  or package form and may consist of hardbacked or softbacked

30  textbooks, replacements for items which were part of

31  previously purchased instructional materials, consumables,

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  1  learning laboratories, manipulatives, electronic media,

  2  computer courseware or software, and other commonly accepted

  3  instructional tools as prescribed by school board policy. The

  4  funds available to school districts for the purchase of

  5  materials not on the state adopted list may not be used to

  6  purchase electronic or computer hardware even if such hardware

  7  is bundled with software or other electronic media, nor may

  8  such funds be used to purchase equipment or supplies. However,

  9  when authorized to do so in the General Appropriations Act, a

10  school or school district may use a portion of the funds

11  available to it for the purchase of materials not on the state

12  adopted list to purchase science laboratory materials and

13  supplies.

14         (5)(4)  Each district school board shall adopt

15  policies, and each superintendent shall implement procedures,

16  that will assure the maximum use by the students of the

17  materials herein authorized.

18         (6)(5)  District school boards are authorized to issue

19  purchase orders subsequent to March 15 in an aggregate amount

20  which does not exceed 20 percent of the current year's

21  allocation, and subsequent to May 1 in an aggregate amount

22  which does not exceed 90 percent of the current year's

23  allocation, for the purpose of expediting the delivery of

24  instructional materials which are to be paid for from the

25  ensuing year's allocation.

26         (7)(6)  In any year in which the total allocation for a

27  district has not been expended or obligated prior to June 30,

28  the district shall carry forward such unobligated amount and

29  shall add this amount to the next year's allocation.

30         Section 8.  Section 233.37, Florida Statutes, is

31  amended to read:

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  1         233.37  Disposal of instructional materials.--

  2         (1)  Under policy rules of the commissioner, or rules

  3  of the district school board which have been approved by the

  4  commissioner, the district school board may dispose of the

  5  instructional materials of an old adoption when they have

  6  become unserviceable or are no longer on state contract by any

  7  of the following means:

  8         (a)  Giving the materials to other public education

  9  programs within the district or state.

10         (b)  Giving the materials to the teachers to use in

11  developing supplementary teaching materials.

12         (c)  Giving the materials to students or others.

13         (d)  Giving the materials to any charitable

14  organization, governmental agency, private school, or state.

15         (e)  Selling the materials to used book dealers,

16  recycling plants, pulp mills, or other persons, firms, or

17  corporations upon such terms as are most economically

18  advantageous to the district school board.

19         (2)  The district school board may prescribe by policy

20  the manner for destroying instructional materials that cannot

21  be disposed of as provided in subsection (1).

22         (3)  All moneys received by reason of sale, exchange,

23  or other disposition of instructional materials shall be

24  deposited in the district school fund and added to the

25  district appropriation for instructional materials., upon such

26  terms and conditions as will yield their fair salvage value.

27  The Department of Education shall enter into one or more

28  contracts with recycling firms for periodic pickup in school

29  districts of obsolete or unusable materials to be salvaged.

30         Section 9.  Section 233.38, Florida Statutes, is

31  repealed.

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  1         Section 10.  Section 233.43, Florida Statutes, is

  2  amended to read:

  3         233.43  Duties of superintendent relating to

  4  instructional materials.--The duties and responsibilities of

  5  each superintendent for the requisition, purchase, receipt,

  6  storage, distribution, use, conservation, records, and reports

  7  of, and management practices and property accountability

  8  concerning, instructional materials shall be prescribed by

  9  policies of the district school board.  Such policies shall

10  also provide for an evaluation of any instructional materials

11  to be requisitioned that have not been used previously in the

12  schools of the district. The duties and responsibilities shall

13  include keeping adequate records and accounts for all

14  financial transactions for funds collected pursuant to s.

15  233.46(4). Each superintendent shall provide an annual report

16  on the funds collected from the sale, exchange, loss, or

17  damage of instructional materials under s. 233.46(4) to the

18  Department of Education. The Department of Education shall

19  annually review these reports and prepare a report to the

20  Legislature, including recommendations for any needed changes.

21         Section 11.  Subsection (2) of section 233.46, Florida

22  Statutes, is amended to read:

23         233.46  Duties of principals.--The duties and

24  responsibilities of principals for instructional materials

25  management and care include:

26         (2)  MONEY COLLECTED FOR LOST OR DAMAGED BOOKS;

27  ENFORCEMENT.--It shall be the duty and responsibility of each

28  principal to collect from each pupil or the pupil's parent the

29  purchase price of any instructional material the pupil has

30  lost, destroyed, or unnecessarily damaged and to report and

31  transmit such amounts so collected to the superintendent.  If

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  1  such material so lost, destroyed, or damaged has been in

  2  school use for more than 1 year, a sum ranging between 50 and

  3  75 percent of the purchase price of the book shall be

  4  collected.  Such sum shall be determined by the physical

  5  condition of the book. The failure to collect such sum upon

  6  reasonable effort by the principal may result in the

  7  suspension of the pupil from participation in extracurricular

  8  activities or satisfaction of the debt by the pupil through

  9  community service activities at the school site as determined

10  by the principal. The provisions of this subsection must be

11  included in the policies of the district school board.

12         Section 12.  The Department of Education shall review

13  the contracts used for the core subject areas and prepare a

14  report that includes recommendations for any needed changes.

15  The department shall provide a copy of the report to the

16  President of the Senate, the Speaker of the House of

17  Representatives, and the minority leader of each house by

18  January 1, 2000.

19         Section 13.  The Executive Office of the Governor and

20  the Secretary of State shall renegotiate any contracts in

21  existence on the effective date of this act which provides for

22  instructional materials for the core subject areas of

23  mathematics and social studies for grades 9 through 12 and

24  language arts for grades 6 through 12.

25         Section 14.  This act shall take effect upon becoming a

26  law.

27

28

29

30

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1006

  3

  4  The committee substitute amends s. 233.37, F.S., to allow
    district school boards to prescribe policy, rather than adopt
  5  rules, for the disposal of instructional materials.  The bill
    removes the requirements for weighting district
  6  recommendations in the selection process for instructional
    materials and requires each district recommendation to be
  7  given equal consideration. The references to the Department of
    Education are replaced with references to the Commissioner of
  8  Education in certain provisions of s. 233.16, F.S., that
    relate to the selection and adoption of instructional
  9  materials.  The committee substitute also removes a condition
    for rejecting bids.
10
    The committee substitute removes the provision in s. 233.17,
11  F.S., that requires contracts placing instructional materials
    on adoption for 4 or more years to have an adjusted price
12  increase.  The Commissioner of Education is authorized in s.
    233.25, F.S., to accept submissions of bids or proposals that
13  reflect a charge for ancillary materials provided free of
    charge in other states' contracts if the publisher can reduce
14  the total program cost to Florida school districts.

15  Under new provisions of s. 233.34, F.S., each school district
    must buy current instructional materials to provide each
16  student with a textbook or other instructional materials as a
    major tool of instruction in the core courses of specified
17  subject areas for kindergarten through grade 12.  The purchase
    must be made within the first 2 years of the effective date of
18  the adoption cycle. The school superintendent must obtain
    current instructional materials to provide each student with a
19  textbook or other materials as a major tool of instruction in
    core courses in the designated subject areas.  The materials
20  must be obtained within the first 2 years of the adoption
    cycle, except for materials related to growth and maintenance.
21
    The committee substitute removes the restriction on the use of
22  state funds for instructional materials and eliminates the
    required report to the Legislature, as well as the references
23  to specific contracts.  The option is removed for the
    districts with waivers to participate in the incentive
24  provisions of the bill.  The committee substitute defines
    adequate instructional materials in s. 230.23, F.S. Finally,
25  the committee substitute corrects a technical reference
    related to the use of the instructional materials allocation.
26

27

28

29

30

31

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