House Bill 2065c1

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    Florida House of Representatives - 1999             CS/HB 2065

        By the Committee on Education/K-12 and Representative
    Murman





  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"; amending s.

  5         233.09, F.S.; eliminating the requirements for

  6         providing weighted and unweighted aggregations;

  7         amending s. 233.16, F.S.; revising the

  8         timeframe for opening bids; revising references

  9         from the Department of Education to the

10         Commissioner of Education with respect to the

11         selection and adoption of instructional

12         materials; eliminating a condition for

13         rejecting bids; amending s. 233.17, F.S.;

14         authorizing the Commissioner of Education to

15         establish the term of adoption of instructional

16         materials; eliminating the optional escalator

17         clause in certain contracts; amending s.

18         233.22, F.S.; requiring that each student be

19         provided instructional materials; providing a

20         timeframe for the requisition of certain

21         materials; allowing the superintendent to

22         requisition certain materials; amending s.

23         233.25, F.S.; authorizing the Commissioner of

24         Education to waive the depository requirement

25         under certain circumstances; amending s.

26         233.34, F.S.; requiring school districts to

27         purchase instructional materials in core

28         courses within a specified time; providing

29         exceptions; amending s. 233.37, F.S.; providing

30         for the disposal of unserviceable instructional

31         materials and those no longer on state

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  1         contract; authorizing the district school board

  2         to prescribe policies for destroying

  3         instructional materials; requiring that certain

  4         moneys be deposited in the district school fund

  5         and added to the district appropriation for

  6         instructional materials; eliminating contracts

  7         between the Department of Education and

  8         recycling firms; repealing s. 233.38, F.S.,

  9         relating to the exchange of textbooks by

10         certain districts; amending s. 233.43, F.S.;

11         requiring district school board policies to

12         include the superintendent's responsibilities

13         for keeping certain records; requiring reports;

14         amending s. 233.46, F.S.; requiring district

15         school board policies to include policies

16         relating to lost or damaged books; amending s.

17         229.512, F.S.; conforming a cross reference;

18         requiring a study and report relating to the

19         instructional materials acquisition process and

20         technology materials; providing an effective

21         date.

22

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

24

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

26  Statutes, 1998 Supplement, is amended to read:

27         230.23  Powers and duties of school board.--The school

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

29  perform all duties listed below:

30         (7)  COURSES OF STUDY AND OTHER INSTRUCTIONAL

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

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  1  follows and in accordance with the requirements of chapter

  2  233. For purposes of this subsection, "adequate instructional

  3  materials" means each student is provided with a textbook or

  4  set of materials serving as the basis for instruction in the

  5  core courses, as defined by the district school board, unless

  6  the school advisory council approves the use of a program that

  7  does not include a textbook as a major tool of instruction.

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

  9  study for use in the schools of the district.

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

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

12  textbooks and other books furnished by the state and furnish

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

14  school board is responsible for assuring that instructional

15  materials used in the district are consistent with the

16  district goals and objectives and the curriculum frameworks

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

18  state and district performance standards provided for in ss.

19  229.565 and 232.2454.

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

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

22  program.

23         (d)  School library media services; establishment and

24  maintenance.--Establish and maintain school library media

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

26  and, in addition thereto, such traveling or circulating

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

28  district school system. Establish and maintain a program of

29  school library media services for all public schools.

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

31  233.09, Florida Statutes, is amended to read:

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  1         233.09  Duties of each state instructional materials

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

  3  committee shall be:

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

  5  evaluate carefully all instructional materials submitted, to

  6  ascertain which instructional materials, if any, submitted for

  7  consideration best implement the selection criteria developed

  8  by the Commissioner of Education and those curricular

  9  objectives included within applicable performance standards

10  provided for in s. 229.565.

11         (f)  When recommending instructional materials for use

12  in the schools, each committee shall have the recommendations

13  of all districts which submit evaluations on the materials

14  submitted for adoption in that particular subject area

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

16  selection process.; however, such aggregation shall be

17  weighted in accordance with the full-time equivalent student

18  percentage of each district. Each committee shall prepare an

19  additional aggregation, unweighted, with Each district

20  recommendation shall be given equal consideration.  No

21  instructional materials shall be evaluated or recommended for

22  adoption unless each of the district committees shall have

23  been loaned the specified number of samples.

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

25  Statutes, is amended to read:

26         233.16  Powers and duties of Department of Education in

27  selecting and adopting instructional materials.--The powers

28  and duties of the Department of Education in selecting and

29  adopting instructional materials shall be:

30         (2)  SELECTION AND ADOPTION OF INSTRUCTIONAL

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

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  1  publishers or manufacturers of instructional materials who

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

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

  4  bids and proposals which have been submitted and deposited

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

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

  7  tabulated in the presence of the bidders or their

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

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

10  carefully considered, the Commissioner of Education department

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

12  instructional materials reported by the state instructional

13  materials committee, select and adopt instructional materials

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

15  elementary and secondary schools in the state in which

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

17  advertisement, which adoption shall continue for the period

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

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

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

21  Education department shall always reserve to itself the right

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

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

24  rejected.  The Commissioner of Education department may ask

25  for new sealed bids from publishers or manufacturers whose

26  instructional materials were recommended by the state

27  instructional materials committee as suitable, usable, and

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

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

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

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

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

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

  3  Commissioner of Education department may direct.  The

  4  Commissioner of Education department, in adopting

  5  instructional materials, shall give due consideration both to

  6  the prices bid for furnishing instructional materials and to

  7  the report and recommendations of the state instructional

  8  materials committee. When the Commissioner of Education

  9  department has finished with the report of the state

10  instructional materials committee, the report shall be filed

11  and preserved in the office of the Department of Education and

12  shall be available at all times for public inspection.

13         Section 4.  Section 233.17, Florida Statutes, is

14  amended to read:

15         233.17  Term of adoption for instructional materials.--

16         (1)  The term of adoption of any instructional

17  materials shall be for a period of time determined by the

18  Commissioner of Education beginning on April 1 following the

19  adoption must be an 8-year period beginning on April 1

20  following the adoption, except for the core subject areas

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

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

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

24  instructional materials may be extended as prescribed in s.

25  233.16(2).  The Commissioner of Education may approve terms of

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

27  which require more frequent revision.

28         (2)  Any contract placing an instructional material on

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

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

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

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  1  days' notification, increase such contract price to the

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

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

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

  5  such adjustment shall not exceed the percentage by which the

  6  consumer price index as determined by the United States

  7  Department of Labor has increased during the time the contract

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

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

10  price is increased as permitted above.

11         (2)(3)  The department shall publish annually an

12  official schedule of subject areas to be called for adoption

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

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

15  warrant, the Commissioner of Education may order the

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

17  schedule, in which event the commissioner shall develop

18  criteria for such additional subject area or areas pursuant to

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

20  as practicable. Notwithstanding the provisions of s.

21  229.512(15), the criteria for such additional subject area or

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

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

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

25  that the required expenditure for new instructional materials

26  is approximately the same each year in order to maintain

27  curricular consistency.

28         Section 5.  Section 233.22, Florida Statutes, is

29  amended to read:

30         233.22  Requisition of instructional materials from

31  publisher's depository.--

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  1         (1)  The superintendent shall requisition adopted

  2  instructional materials from the depository of the publisher

  3  with whom a contract has been made. Each student shall be

  4  provided a textbook or other materials which serve as the

  5  major tool of instruction in core courses. However, these

  6  materials shall be requisitioned within the first 2 years of

  7  the adoption cycle, except for instructional materials related

  8  to growth of student membership or instructional materials

  9  maintenance needs which may be purchased during the remaining

10  years of the contract.

11         (2)  The superintendent shall verify that such

12  requisition is complete and accurate and order the depository

13  to forward to him or her the adopted instructional materials

14  shown by the requisition.  The depository shall prepare an

15  invoice of the materials shipped, including shipping charges,

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

17  being made.  The superintendent shall pay the depository

18  within 60 days after receipt of the requisitioned materials

19  from the appropriation for the purchase of adopted

20  instructional materials.

21         Section 6.  Subsection (12) of section 233.25, Florida

22  Statutes, is amended to read:

23         233.25  Duties, responsibilities, and requirements of

24  publishers and manufacturers of instructional

25  materials.--Publishers and manufacturers of instructional

26  materials, or their representatives, shall:

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

28  state and maintain there an inventory sufficient to receive

29  and fill orders for instructional materials. The Commissioner

30  of Education may waive the requirement for maintenance of a

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  1  depository in the state if the bid reflects a cost savings

  2  from direct shipment by the vendor.

  3         Section 7.  Subsections (2) and (3) of section 233.34,

  4  Florida Statutes, are renumbered as subsections (3) and (4)

  5  and amended, subsections (4) through (6) are renumbered as

  6  subsections (5) through (7), respectively, and a new

  7  subsection (2) is added to said section, to read:

  8         233.34  Use of instructional materials allocation;

  9  instructional materials, library books, and reference books;

10  repair of books; exceptions.--

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. Such purchase must be made within

15  the first 2 years of the effective date of the adoption cycle.

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

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

18  purchase related to growth of student membership in the

19  district or for instructional-materials-maintenance needs.

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

21  allocation for the purchase of instructional materials

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

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

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

25  or levels for which the materials are designed.

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

27  may be used for the purchase of instructional materials,

28  including library and reference books and nonprint materials,

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

30  renovation of textbooks and library books.

31

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  1         (c)  Notwithstanding the provisions of this subsection,

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

  3  annual allocation which is designated by the district for the

  4  purchase of instructional materials for kindergarten, and 75

  5  percent of that portion of the annual allocation which is

  6  designated for the purchase of instructional materials for

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

  8  list.

  9         (4)(3)  Notwithstanding the definition of instructional

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

11  (3) (2) which school districts may use to purchase materials

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

13  instructional materials or other items having intellectual

14  content which assist in the instruction of a subject or

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

16  or package form and may consist of hardbacked or softbacked

17  textbooks, replacements for items which were part of

18  previously purchased instructional materials, consumables,

19  learning laboratories, manipulatives, electronic media,

20  computer courseware or software, and other commonly accepted

21  instructional tools as prescribed by school board policy. The

22  funds available to school districts for the purchase of

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

24  purchase electronic or computer hardware even if such hardware

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

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

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

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

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

30  adopted list to purchase science laboratory materials and

31  supplies.

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  1         Section 8.  Section 233.37, Florida Statutes, is

  2  amended to read:

  3         233.37  Disposal of instructional materials.--

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

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

  6  commissioner, the district school board may dispose of the

  7  instructional materials of an old adoption when they have

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

  9  of the following means:

10         (a)  Giving the materials to other public education

11  programs within the district or state.

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

13  developing supplementary teaching materials.

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

15         (d)  Giving the materials to any charitable

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

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

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

19  corporations upon such terms as are most economically

20  advantageous to the district school board.

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

22  the manner for destroying instructional materials that cannot

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

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

25  or other disposition of instructional materials shall be

26  deposited in the district school fund and added to the

27  district appropriation for instructional materials., upon such

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

29  The Department of Education shall enter into one or more

30  contracts with recycling firms for periodic pickup in school

31  districts of obsolete or unusable materials to be salvaged.

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  1         Section 9.  Section 233.38, Florida Statutes, is

  2  repealed.

  3         Section 10.  Section 233.43, Florida Statutes, is

  4  amended to read:

  5         233.43  Duties of superintendent relating to

  6  instructional materials.--The duties and responsibilities of

  7  each superintendent for the requisition, purchase, receipt,

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

  9  of, and management practices and property accountability

10  concerning, instructional materials shall be prescribed by

11  policies of the district school board.  Such policies shall

12  also provide for an evaluation of any instructional materials

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

14  schools of the district. The duties and responsibilities shall

15  include keeping adequate records and accounts for all

16  financial transactions for funds collected pursuant to s.

17  233.46(4). Each superintendent shall provide an annual report

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

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

20  Department of Education. The Department of Education shall

21  annually review these reports and prepare a report to the

22  Legislature, including recommendations for any needed changes.

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

24  Statutes, is amended to read:

25         233.46  Duties of principals.--The duties and

26  responsibilities of principals for instructional materials

27  management and care include:

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

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

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

31  purchase price of any instructional material the pupil has

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

  2  transmit such amounts so collected to the superintendent.  If

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

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

  5  75 percent of the purchase price of the book shall be

  6  collected.  Such sum shall be determined by the physical

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

  8  reasonable effort by the principal may result in the

  9  suspension of the pupil from participation in extracurricular

10  activities or satisfaction of the debt by the pupil through

11  community service activities at the school site as determined

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

13  included in the policies of the district school board.

14         Section 12.  Subsection (15) of section 229.512,

15  Florida Statutes, is amended to read:

16         229.512  Commissioner of Education; general powers and

17  duties.--The Commissioner of Education is the chief

18  educational officer of the state, and has the following

19  general powers and duties:

20         (15)  To develop criteria for use by state

21  instructional materials committees in evaluating materials

22  submitted for adoption consideration.  The criteria shall, as

23  appropriate, be based on instructional expectations reflected

24  in curriculum frameworks and student performance standards.

25  The criteria for each subject or course shall be made

26  available to publishers of instructional materials at least 24

27  months prior to the date on which bids are due as provided by

28  s. 233.14, except as otherwise permitted under s.

29  233.17(2)(3). It is the intent of the Legislature that

30  publishers have ample time to develop instructional materials

31  designed to meet requirements in this state.

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  1         Section 13.  The Commissioner of Education shall

  2  conduct a study relating to the instructional materials

  3  acquisition process. The study shall include, but not be

  4  limited to, an in-depth examination of instructional materials

  5  contract and bid protocols, most favored nation issues,

  6  alternative pricing schemes, the effects of various states'

  7  curriculum requirements on the availability and pricing of

  8  instructional materials, and the availability of technological

  9  alternatives to conventional print materials. Additionally,

10  the study shall examine the feasibility of the use of laptop

11  computers by students in Florida public schools, including

12  available hardware and software, competitive pricing relative

13  to print materials, durability, subject matter and grade

14  levels for which such technology is appropriate, repair or

15  replacement of damaged units, and restitution for lost or

16  stolen materials. The report shall be submitted to the

17  President of the Senate and the Speaker of the House of

18  Representatives no later than March 1, 2000.

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

20  law.

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