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





                                                   HOUSE AMENDMENT

                                               Bill No. CS/CS/HB 9

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Wilson and Cosgrove offered the following:

12

13         Substitute Amendment for Amendment (861297) (with title

14  amendment) 

15         On page 1, line 16 through page 2, line 19

16  remove from the bill:  all of said lines

17

18  and insert in lieu thereof:  233.0655  Patriotic programs;

19  rules.--Each district school board is authorized to adopt

20  rules to require, in all of the schools of the district,

21  programs of a patriotic nature to encourage greater respect

22  for the government of the United States and its national

23  anthem and flag, subject always to other existing pertinent

24  laws of the United States or of the state; provided, that when

25  the national anthem is played, students and all civilians

26  shall stand at attention, men removing the headdress, except

27  when such headdress is worn for religious purposes; and

28  provided, further, that the pledge of allegiance to the flag,

29  "I pledge allegiance to the flag of the United States of

30  America and to the republic for which it stands, one nation

31  under God, indivisible, with liberty and justice for all,"

                                  1

    File original & 9 copies    04/12/99
    hmo0008                     04:43 pm         00009-0104-034673




                                                   HOUSE AMENDMENT

                                               Bill No. CS/CS/HB 9

    Amendment No.     (for drafter's use only)





 1  shall be rendered by students standing with the right hand

 2  over the heart. The pledge of allegiance to the flag, as

 3  stated herein, shall be recited at the beginning of the day in

 4  each elementary and secondary public school in the state,

 5  provided that, upon written request by a parent or guardian, a

 6  student may be excused from reciting the pledge. When the

 7  pledge is given, civilians must show full respect to the flag

 8  by standing at attention, men removing the headdress, as

 9  provided by s. 7 of U.S... Pub. L. No. 623, approved June 22,

10  1942, as amended by U.S... Pub. L. No. 829, approved December

11  22, 1942.

12         Section 2.  Subsection (2) of section 256.11, Florida

13  Statutes, is amended to read:

14         256.11  Public auditoriums; display of the United

15  States flag.--

16         (2)  It is the duty of the person responsible for the

17  administration of such auditorium to provide a suitable flag

18  and cause it to be displayed in the manner provided in

19  subsection (1). If any such person willfully causes fails to

20  cause the flag to fail to be so displayed, except for the

21  cleaning, repair, or replacement of such flag, such person is

22  guilty of a noncriminal violation, punishable as provided in

23  s. 775.083.

24         Section 3.  Paragraph (g) of subsection (2) of section

25  233.061, Florida Statutes, 1998 Supplement, is amended to

26  read:

27         233.061  Required instruction.--

28         (2)  Members of the instructional staff of the public

29  schools, subject to the rules and regulations of the

30  commissioner, the state board, and the school board, shall

31  teach efficiently and faithfully, using the books and

                                  2

    File original & 9 copies    04/12/99
    hmo0008                     04:43 pm         00009-0104-034673




                                                   HOUSE AMENDMENT

                                               Bill No. CS/CS/HB 9

    Amendment No.     (for drafter's use only)





 1  materials required, following the prescribed courses of study,

 2  and employing approved methods of instruction, the following:

 3         (g)  The history of African Americans, including the

 4  history of African culture prior to the European

 5  implementation peoples before the political conflicts that led

 6  to the development of slavery, the passage to America, the

 7  dehumanizing effects of the enslavement experience, abolition,

 8  and the unique contributions of African Americans to society.

 9  Curriculum relating to the history of African Americans must

10  be designed to lead to an investigation of human behavior, the

11  negative consequences resulting from racial hatred, encourage

12  tolerance of different races and cultures, and to promote

13  racial equity and pride.

14         Section 4.  Paragraph (d) of subsection (4) of section

15  233.09, Florida Statutes, is amended to read:

16         233.09  Duties of each state instructional materials

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

18  committee shall be:

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

20  evaluate carefully all instructional materials submitted, to

21  ascertain which instructional materials, if any, submitted for

22  consideration best implement the selection criteria developed

23  by the Commissioner of Education and those curricular

24  objectives included within applicable performance standards

25  provided for in s. 229.565.

26         (d)  When recommending instructional materials for use

27  in the schools, each committee shall require, when appropriate

28  to the comprehension of pupils, that materials for social

29  science, history, or civics classes contain the Declaration of

30  Independence and the Constitution of the United States.

31  Effective July 1, 2002 and thereafter, instructional materials

                                  3

    File original & 9 copies    04/12/99
    hmo0008                     04:43 pm         00009-0104-034673




                                                   HOUSE AMENDMENT

                                               Bill No. CS/CS/HB 9

    Amendment No.     (for drafter's use only)





 1  recommended for adoption for subjects including, but not

 2  limited to, science, math, history, and health must include

 3  historical data related to the contributions of African

 4  Americans, Hispanics, and women. No instructional materials

 5  shall be recommended by any committee for use in the schools

 6  which contain any matter reflecting unfairly upon persons

 7  because of their race, color, creed, national origin,

 8  ancestry, gender, or occupation.

 9         Section 5.  Subsection (2) of section 233.34, Florida

10  Statutes, is amended to read:

11         233.34  Use of instructional materials allocation;

12  instructional materials, library books, and reference books;

13  repair of books.--

14         (2)  Each school district shall use the annual

15  allocation for the purchase of instructional materials

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

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

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

19  or levels for which the materials are designed.  However, up

20  to 50 percent of the annual allocation may be used for the

21  purchase of instructional materials, including library and

22  reference books and nonprint materials, not included on the

23  state-adopted list and for the repair and renovation of

24  textbooks and library books. However, such funds may not be

25  used for the purchase of instructional materials for subjects

26  including, but not limited to, science, math, history, and

27  health which do not include historical data related to the

28  contributions of African Americans, Hispanics, and women.

29  Notwithstanding the provisions of this subsection, school

30  districts may use 100 percent of that portion of the annual

31  allocation which is designated by the district for the

                                  4

    File original & 9 copies    04/12/99
    hmo0008                     04:43 pm         00009-0104-034673




                                                   HOUSE AMENDMENT

                                               Bill No. CS/CS/HB 9

    Amendment No.     (for drafter's use only)





 1  purchase of instructional materials for kindergarten, and 75

 2  percent of that portion of the annual allocation which is

 3  designated for the purchase of instructional materials for

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

 5  list.

 6

 7

 8  ================ T I T L E   A M E N D M E N T ===============

 9  And the title is amended as follows:

10         On page 1, line 9

11

12  after the semicolon insert:

13         amending s. 233.061, F.S.; revising provisions

14         relating to authorized instruction regarding

15         the history of African Americans; amending s.

16         233.09, F.S., relating to duties of state

17         instructional materials committees; requiring

18         instructional materials recommended for

19         adoption to include historical data related to

20         the contributions of African Americans,

21         Hispanics, and women; amending s. 233.34, F.S.;

22         prohibiting funds from the instructional

23         materials allocation from being used for the

24         purchase of instructional materials not on the

25         state-adopted list which do not include

26         historical data related to the contributions of

27         African Americans, Hispanics, and women;

28

29

30

31

                                  5

    File original & 9 copies    04/12/99
    hmo0008                     04:43 pm         00009-0104-034673