House Bill 1515
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
By Representative Lynn
1 A bill to be entitled
2 An act relating to instructional materials;
3 amending s. 230.23, F.S.; prescribing duty of
4 school boards to provide instructional
5 materials; defining the term "adequate
6 instructional materials"; amending s. 233.07,
7 F.S.; revising the membership of instructional
8 materials committees; amending s. 233.08, F.S.;
9 eliminating provisions regarding district
10 instructional materials committees; amending s.
11 233.09, F.S.; revising the method of public
12 announcement of meetings; eliminating the
13 requirements for aggregating district
14 recommendations; amending s. 233.095, F.S.;
15 deleting the requirement that instructional
16 materials committee training be provided
17 through summer institutes; deleting provisions
18 relating to district instructional materials
19 committees; amending s. 233.115, F.S.; removing
20 references to district instructional materials
21 committees; providing requirements regarding
22 instructional materials pilot programs;
23 amending s. 233.14, F.S.; revising the method
24 of announcement of requests for bids or
25 proposals; amending s. 233.16, F.S.; deleting
26 provisions relating to district instructional
27 material committees; changing references to the
28 Department of Education to the Commissioner of
29 Education with respect to certain duties
30 regarding the selection and adoption of
31 instructional materials; eliminating a
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 condition for rejecting bids; creating s.
2 233.167, F.S.; establishing procedures for
3 determining the accuracy of instructional
4 materials, correcting errors in content, and
5 removing inaccurate instructional materials
6 from the state-adopted list; amending s.
7 233.17, F.S.; revising the term of adoption of
8 instructional materials; eliminating the
9 optional escalator clause in certain contracts;
10 amending s. 233.22, F.S.; requiring the
11 superintendent of a school district to
12 requisition certain materials; allowing the
13 superintendent of a school district to
14 requisition certain materials; amending s.
15 233.25, F.S.; deleting provisions relating to
16 the loan of instructional materials specimen
17 copies to districts; requiring publishers and
18 manufacturers to retain instructional materials
19 in a depository for a specified period of time,
20 to provide opportunities for school districts
21 to order customized materials in certain
22 subject areas, and to accurately and fully
23 disclose certain information regarding the
24 development of instructional materials;
25 providing a penalty for noncompliance; amending
26 s. 233.34, F.S.; requiring school districts to
27 purchase instructional materials in core
28 courses of appropriate subject areas within a
29 specified time; providing exceptions; allowing
30 school districts to make certain purchases when
31 authorized in the General Appropriations Act;
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 amending s. 233.37, F.S.; providing for the
2 disposal of unserviceable instructional
3 materials and those no longer on state
4 contract; eliminating contracts between the
5 Department of Education and recycling firms;
6 authorizing the district school board to
7 prescribe policies for destroying instructional
8 materials; requiring that certain moneys be
9 deposited in the district school fund and added
10 to the district appropriation for instructional
11 materials; repealing s. 233.38, F.S., relating
12 to the exchange of textbooks by school
13 districts; amending s. 233.43, F.S.; requiring
14 district school board policies to include the
15 superintendent's responsibilities for keeping
16 records pursuant to s. 233.46(4), F.S.;
17 requiring reports; amending s. 233.46, F.S.;
18 requiring principals to communicate to parents
19 the manner in which instructional materials are
20 used to implement curricular objectives;
21 requiring district school board policies to
22 include provisions related to lost or damaged
23 books; amending s. 233.48, F.S.; revising
24 expenses to be included in the legislative
25 budget request for instructional materials;
26 amending s. 229.512, F.S.; correcting a cross
27 reference; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 Section 1. Subsection (7) of section 230.23, Florida
2 Statutes, is amended to read:
3 230.23 Powers and duties of school board.--The school
4 board, acting as a board, shall exercise all powers and
5 perform all duties listed below:
6 (7) COURSES OF STUDY AND OTHER INSTRUCTIONAL MATERIALS
7 AIDS.--Provide adequate instructional materials aids for all
8 children as follows and in accordance with the requirements of
9 chapter 233. For purposes of this subsection, the term
10 "adequate instructional materials" means a sufficient number
11 of textbooks or sets of materials serving as the basis for
12 instruction for each student in the core courses of
13 mathematics, language arts, social studies, science, reading,
14 and literature, except for instruction for which the school
15 advisory council approves the use of a program that does not
16 include a textbook as a major tool of instruction.
17 (a) Courses of study; adoption.--Adopt courses of
18 study for use in the schools of the district.
19 (b) Textbooks.--Provide for proper requisitioning,
20 distribution, accounting, storage, care, and use of all
21 instructional materials furnished by the state and furnish
22 such other instructional materials as may be needed. The
23 school board is responsible for assuring that instructional
24 materials used in the district are consistent with the
25 district goals and objectives and the curriculum frameworks
26 approved by the State Board of Education, as well as with the
27 state and district performance standards provided for in ss.
28 229.565 and 232.2454.
29 (c) Other instructional materials aids.--Provide such
30 other teaching accessories and aids as are needed to carry out
31 the program.
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 (d) School library media services; establishment and
2 maintenance.--Establish and maintain school library media
3 centers, or school library media centers open to the public,
4 and, in addition thereto, such traveling or circulating
5 libraries as may be needed for the proper operation of the
6 district school system. Establish and maintain a program of
7 school library media services for all public schools.
8 Section 2. Paragraphs (a) and (b) of subsection (1) of
9 section 233.07, Florida Statutes, are amended to read:
10 233.07 State instructional materials committees.--
11 (1) Each school year, not later than April 15, the
12 Commissioner of Education shall appoint state instructional
13 materials committees composed of persons actively engaged in
14 teaching or in the supervision of teaching in the public
15 elementary or secondary schools and representing the major
16 fields and levels in which instructional materials are used in
17 the public schools of the state and, in addition, lay citizens
18 not professionally connected with education. There shall be
19 committees for the recommendation of instructional materials
20 for the elementary and secondary grades as may be found
21 necessary by the Commissioner of Education. Committee members
22 shall receive training pursuant to s. 233.095 in competencies
23 related to the evaluation and selection of instructional
24 materials.
25 (a) There shall be nine or more members on each
26 committee: A majority Four shall be classroom teachers who are
27 certified in an area directly related to the academic area or
28 level being considered for adoption, two shall be laypersons,
29 one shall be a school board member, and two shall be
30 supervisors of teachers. The committee must have the capacity
31 or expertise to address the broad racial, ethnic,
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 socioeconomic, and cultural diversity of the student
2 population of the state. Personnel selected as teachers of
3 the year at the school, district, regional, or state level
4 pursuant to the provisions of the program conducted by the
5 Department of Education shall be encouraged to serve on
6 instructional materials committees.
7 (b) The membership of each committee must reflect the
8 broad racial, ethnic, socioeconomic, and cultural diversity of
9 the state, including a balanced representation from the
10 state's geographic regions.
11 Section 3. Subsection (1) of section 233.08, Florida
12 Statutes, is amended to read:
13 233.08 Affidavit of state instructional materials
14 committee members.--Before transacting any business, each
15 member of a district or state committee shall make an
16 affidavit, to be filed with the Commissioner of Education,
17 that:
18 (1) The member will faithfully discharge the duties
19 imposed upon him or her as a member or as a secretary of the
20 committee.
21 Section 4. Subsection (1) and paragraphs (f) and (g)
22 of subsection (4) of section 233.09, Florida Statutes, are
23 amended to read:
24 233.09 Duties of each state instructional materials
25 committee.--The duties of each state instructional materials
26 committee shall be:
27 (1) PLACE AND TIME OF MEETING.--To meet at the call of
28 the Commissioner of Education, at a place in the state
29 designated by him or her, and to remain there in session for a
30 period of time, not to exceed 20 days, for the purpose of
31 evaluating and recommending instructional materials for
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 adoption by the state. All meetings of state instructional
2 materials committees shall be announced publicly in the
3 Florida Administrative Weekly through the news media of the
4 state at least 2 weeks prior to the date of convening. The
5 announcement of the meeting shall include the agenda of the
6 meeting. All meetings of the committees shall be open to the
7 public.
8 (4) EVALUATION OF INSTRUCTIONAL MATERIALS.--To
9 evaluate carefully all instructional materials submitted, to
10 ascertain which instructional materials, if any, submitted for
11 consideration best implement the selection criteria developed
12 by the Commissioner of Education and those curricular
13 objectives included within applicable performance standards
14 provided for in s. 229.565.
15 (f) When recommending instructional materials for use
16 in the schools, each committee shall have the recommendations
17 of all districts which submit evaluations on the materials
18 submitted for adoption in that particular subject area
19 aggregated and presented to the members to aid them in the
20 selection process; however, such aggregation shall be weighted
21 in accordance with the full-time equivalent student percentage
22 of each district. Each committee shall prepare an additional
23 aggregation, unweighted, with each district recommendation
24 given equal consideration. No instructional materials shall
25 be evaluated or recommended for adoption unless each of the
26 district committees shall have been loaned the specified
27 number of samples.
28 (g) In addition to relying on statements of publishers
29 or manufacturers of instructional material, any committee may
30 conduct, or cause to be conducted, an independent
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 investigation as to the compliance of submitted materials with
2 the requirements of this section.
3 Section 5. Section 233.095, Florida Statutes, is
4 amended to read:
5 233.095 Training programs for members of instructional
6 materials committees.--The Department of Education shall
7 develop a training program, to be provided through summer
8 inservice institutes, for persons selected to serve on state
9 and district instructional materials committees. The program
10 shall be structured to assist committee members in developing
11 the skills necessary to make valid, culturally sensitive, and
12 objective decisions regarding the content and rigor of
13 instructional materials. All persons serving on instructional
14 materials committees must complete the training program prior
15 to beginning the review and selection process.
16 Section 6. Section 233.115, Florida Statutes, is
17 amended to read:
18 233.115 Prohibited acts.--
19 (1) No publisher or manufacturer of instructional
20 material, or any of his or her representatives, shall offer to
21 give any emolument, money, or other valuable thing, or any
22 inducement, to any school official or member of a
23 district-level or state-level committee to directly or
24 indirectly introduce, recommend, vote for, or otherwise
25 influence the adoption or purchase of any instructional
26 materials.
27 (2) No school official or member of a district or
28 state instructional materials committee shall accept any
29 emolument, money, or other valuable thing, or any inducement,
30 to directly or indirectly introduce, recommend, vote for, or
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 otherwise influence the adoption or purchase of any
2 instructional material.
3 (3) No school district or publisher may participate in
4 a pilot program of materials being considered for adoption
5 during the 18 months prior to the official adoption of the
6 materials by the Commissioner of Education. Any pilot program
7 during the first 2 years of the adoption period must have the
8 prior approval of the Commissioner of Education.
9 (4)(3) Any publisher or manufacturer of instructional
10 materials or his or her representative or any school official
11 or district or state instructional materials committee member,
12 who violates any of the provisions of this section is guilty
13 of a misdemeanor of the second degree. Any representative of
14 a publisher or manufacturer who violates any of the provisions
15 of this section, in addition to any other penalty, shall be
16 banned from practicing business in the state for a period of 1
17 calendar year. Any school official or district or state
18 instructional materials committee member who violates any of
19 the provisions of this section, in addition to any other
20 penalty, shall be removed from his or her official position.
21 (5)(4) Nothing in this section shall be construed to
22 prevent any publisher, manufacturer, or agent from supplying,
23 for purposes of examination, necessary sample copies of
24 instructional materials to any school official or committee
25 member.
26 (6)(5) Nothing in this section shall be construed to
27 prevent a school official or committee member from receiving
28 sample copies of instructional materials.
29 (7) (6) Nothing contained in this section shall be
30 construed to prohibit or restrict a school official from
31 receiving royalties or other compensation, other than
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 compensation paid as commission to the school official for
2 negotiating sales to district boards, from the publisher or
3 manufacturer of instructional materials written, designed, or
4 prepared by such school official, and adopted by the
5 commissioner or purchased by any district board. No school
6 official shall be allowed to receive royalties on any
7 materials not on the state-adopted list purchased for use by
8 his or her district school board.
9 Section 7. Paragraph (a) of subsection (1) of section
10 233.14, Florida Statutes, is amended to read:
11 233.14 Bids or proposals; advertisement and its
12 contents.--
13 (1)(a) Beginning on or before May 15 of any year in
14 which an instructional materials adoption is to be initiated,
15 the Department of Education shall advertise in the Florida
16 Administrative Weekly a newspaper published in Tallahassee,
17 once each week for a period of 4 weeks preceding the date on
18 which the bids shall be received, that at a certain designated
19 time, not later than June 15, sealed bids or proposals to be
20 deposited with the Department of Education will be received
21 from publishers or manufacturers for the furnishing of
22 instructional materials proposed to be adopted as listed in
23 the advertisement beginning April 1 following the adoption.
24 Section 8. Subsections (1), (2), and (3) of section
25 233.16, Florida Statutes, are amended to read:
26 233.16 Powers and duties of the Commissioner of
27 Education and the Department of Education in selecting and
28 adopting instructional materials.--The powers and duties of
29 the Department of Education in selecting and adopting
30 instructional materials shall be:
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 (1) PROCEDURES FOR EVALUATING INSTRUCTIONAL
2 MATERIALS.--The Department of Education shall To implement
3 procedures prescribed by the Commissioner of Education for
4 evaluating instructional materials submitted by publishers and
5 manufacturers in each adoption. Included in these procedures
6 shall be the following minimum standards:
7 (a) provisions which afford each publisher or
8 manufacturer or his or her representative an opportunity to
9 present to members of the state instructional materials
10 committees the merits of each instructional material submitted
11 in each adoption;
12 (b) Forms on which a district superintendent or his or
13 her designee shall submit the results of the district
14 instructional materials committee's recommendations; and
15 (c) Guidelines for district instructional materials
16 committees, professional associations, and individuals for
17 evaluating instructional materials for state adoption;
18 however, the following minimum standards apply:
19 1. A district instructional materials committee must
20 reflect the broad racial, ethnic, socioeconomic, and cultural
21 diversity of the district and may not consist of fewer than
22 three persons. One must be a layperson and two must be
23 teachers, it being the intent of the Legislature that
24 committees of three or more persons include at least one
25 layperson and one-half teachers as a part of their total
26 membership. The committee must have the capacity or expertise
27 to address the broad racial, ethnic, socioeconomic, and
28 cultural diversity of the student population of the district.
29 Teachers serving on district instructional materials
30 committees must be certified in an area directly related to
31 the academic area or level being considered for adoption.
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 Personnel selected as teachers of the year at the school,
2 district, regional, or state level pursuant to the provisions
3 of the program conducted by the Department of Education are
4 encouraged to serve on instructional materials committees.
5 2. A district instructional materials committee may
6 not deny any publisher or manufacturer or his or her
7 representative time to present his or her product equal to
8 that time given any other publisher or manufacturer or his or
9 her representative.
10 3. Each instructional material evaluated by district
11 instructional materials committees, professional associations,
12 and individuals shall be ranked numerically in relation to all
13 other materials of the same type evaluated, and no two
14 materials in the same subject area may receive the same
15 numerical rating.
16 4. District instructional materials committees,
17 professional associations, and individuals who evaluate
18 instructional materials and submit their findings and
19 recommendations to the state committee shall do so in
20 accordance with the provisions of s. 233.09(4).
21 (2) SELECTION AND ADOPTION OF INSTRUCTIONAL
22 MATERIALS.--The Department of Education shall notify all
23 publishers or manufacturers of instructional materials who
24 have submitted bids that within 3 weeks after the deadline for
25 receiving bids, at a designated time and place, it will open
26 bids and proposals which have been submitted and deposited
27 with the department of Education. At the time and place
28 designated, the bids or proposals shall be opened, read, and
29 tabulated in the presence of the bidders or their
30 representatives. No one may revise his or her bid after the
31 bids have been filed. When all bids or proposals have been
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 carefully considered, the Commissioner of Education department
2 shall, from the list of suitable, usable, and desirable
3 instructional materials reported by the state instructional
4 materials committee, select and adopt instructional materials
5 for each grade and subject field in the curriculum of public
6 elementary and secondary schools in the state in which
7 adoptions are made and in the subject areas designated in the
8 advertisement, which adoption shall continue for the period
9 specified in the advertisement, to begin on the ensuing April
10 1. Such adoption shall not prevent the extension of a
11 contract as provided in subsection (3). The commissioner
12 department shall always reserve to itself the right to reject
13 any and all bids or proposals if it is of the opinion that any
14 or all bids, for any reason, should be rejected. The
15 commissioner department may ask for new sealed bids from
16 publishers or manufacturers whose instructional materials were
17 recommended by the state instructional materials committee as
18 suitable, usable, and desirable; specify the dates for filing
19 such bids and the date on which they shall be opened; and
20 proceed in all matters regarding the opening of bids and the
21 awarding of contracts as required by the terms and provisions
22 of this chapter. In all cases, bids or proposals shall be
23 accompanied by a cash deposit or certified check of from $500
24 to $2,500, as the commissioner department may direct. The
25 department, in adopting instructional materials, shall give
26 due consideration both to the prices bid for furnishing
27 instructional materials and to the report and recommendations
28 of the state instructional materials committee. When the
29 commissioner department has finished with the report of the
30 state instructional materials committee, the report shall be
31 filed and preserved in the office of the Department of
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 Education and shall be available at all times for public
2 inspection.
3 (3) CONTRACT WITH PUBLISHERS OR MANUFACTURERS;
4 BOND.--As soon as practicable after the Commissioner of
5 Education department has adopted any instructional materials
6 and all bidders that have secured the adoption of any
7 instructional materials have been notified of the same by
8 registered letter, the Department of Legal Affairs shall
9 prepare a contract in accordance with the provisions of the
10 school code with every bidder awarded the adoption of any
11 instructional materials. Said contracts shall be executed by
12 the Governor and Secretary of State under the seal of the
13 state, one copy to be kept by the contractor, one copy to be
14 filed in the Department of State, and one copy to be filed in
15 the Department of Education. After giving due consideration to
16 comments by the districts, the commissioner department, with
17 the agreement of the publisher, may extend or shorten a
18 contract period for a period not to exceed 2 years; and the
19 terms of any such contract shall remain the same as those set
20 forth in the original contract. Any publisher or manufacturer
21 to whom any contract is let under the provisions of this
22 chapter must give bond in such amount as the commissioner
23 department deems advisable, payable to the state, conditioned
24 for the faithful, honest, and exact performance of the
25 contract. The bond must further provide for the payment of
26 reasonable attorney's fees in case of recovery in any suit
27 upon the same. The surety on the bond must be a guaranty or
28 surety company authorized by the laws of the state to do
29 business in the state; however, the bond shall not be
30 exhausted by a single recovery but may be sued upon from time
31 to time until the full amount thereof is recovered, and the
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 department may at any time, after giving 30 days' notice,
2 require additional security or additional bond. The form of
3 any bond or bonds or contract or contracts under the
4 provisions of this chapter shall be prepared and approved by
5 the Department of Legal Affairs. At the discretion of the
6 commissioner of Education, a publisher or manufacturer to whom
7 any contract is let under provisions of this chapter may be
8 allowed a cash deposit in lieu of a bond, conditioned for the
9 faithful, honest, and exact performance of the contract. The
10 cash deposit, payable to the Department of Education, shall be
11 placed in the Textbook Bid Trust Fund. The department may
12 recover damages on the cash deposit given by the contractor
13 for failure to furnish instructional materials, the sum
14 recovered to inure to the General Revenue Fund.
15 Section 9. Section 233.167, Florida Statutes, is
16 created to read:
17 233.167 Accuracy of instructional materials.--In
18 addition to relying on statements of publishers or
19 manufacturers of instructional materials, the Commissioner of
20 Education may conduct or cause to be conducted an independent
21 investigation to determine the accuracy of the content of
22 state-adopted instructional materials. Upon the confirmation
23 of errors in state-adopted materials, the publisher of the
24 materials shall provide each district which has purchased
25 those materials with corrections in a format approved by the
26 commissioner. The commissioner may remove those materials
27 determined to contain errors which the publisher refuses to
28 correct from the list of state-adopted materials. The
29 commissioner may remove materials from the list of
30 state-adopted materials at the request of the publisher if, in
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 the commissioner's opinion, there is no material impact on the
2 education goals of the state.
3 Section 10. Section 233.17, Florida Statutes, is
4 amended to read:
5 233.17 Term of adoption for instructional materials.--
6 (1) The term of adoption of any instructional
7 materials must be a 6-year an 8-year period beginning on April
8 1 following the adoption, except for the core subject areas
9 which include mathematics, science, social studies, reading,
10 and literature which shall be for a term not to exceed 6 years
11 beginning on April 1 following the adoption. Any contract for
12 instructional materials may be extended as prescribed in s.
13 233.16(3). The Commissioner of Education may approve terms of
14 adoption of less than 8 years for materials in content areas
15 which require more frequent revision.
16 (2) Any contract placing an instructional material on
17 adoption for 4 or more years shall provide that a publisher or
18 manufacturer of instructional materials may, at the end of the
19 third year during the term of the contract, upon giving 60
20 days' notification, increase such contract price to the
21 publisher's or manufacturer's then-current lowest wholesale
22 price at which the materials are then being offered to any
23 state or school district in the United States, except that
24 such adjustment shall not exceed the percentage by which the
25 consumer price index as determined by the United States
26 Department of Labor has increased during the time the contract
27 has been in force. Such price increase shall remain in effect
28 for the remaining term of the contract, unless the contract
29 price is increased as permitted above.
30 (2)(3) The department shall publish annually an
31 official schedule of subject areas to be called for adoption
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 for each of the succeeding 2 years, and a tentative schedule
2 for years 3, 4, 5, and 6. If extenuating circumstances
3 warrant, the Commissioner of Education may order the
4 department to add one or more subject areas to the official
5 schedule, in which event the commissioner shall develop
6 criteria for such additional subject area or areas pursuant to
7 s. 229.512(18) and make them available to publishers as soon
8 as practicable. Notwithstanding the provisions of s.
9 229.512(18), the criteria for such additional subject area or
10 areas may be provided to publishers less than 24 months before
11 the date on which bids are due. The schedule shall be
12 developed so as to promote balance among the subject areas so
13 that the required expenditure for new instructional materials
14 is approximately the same each year in order to maintain
15 curricular consistency.
16 Section 11. Section 233.22, Florida Statutes, is
17 amended to read:
18 233.22 Requisition of instructional materials from
19 publisher's depository.--
20 (1) The superintendent shall requisition adopted
21 instructional materials from the depository of the publisher
22 with whom a contract has been made. However, the
23 superintendent shall requisition current instructional
24 materials to provide each student with a textbook or other
25 materials as a major tool of instruction in core courses of
26 the subject areas specified in s. 233.34(2). These materials
27 must be requisitioned within the first 2 years of the adoption
28 cycle, except for instructional materials related to growth of
29 student membership or instructional materials maintenance
30 needs. The superintendent may requisition instructional
31 materials in the core subject areas specified in s. 233.34(2)
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 that are related to growth of student membership or
2 instructional materials maintenance needs during the 3rd and
3 subsequent years of the original contract period.
4 (2) The superintendent shall verify that such
5 requisition is complete and accurate and order the depository
6 to forward to him or her the adopted instructional materials
7 shown by the requisition. The depository shall prepare an
8 invoice of the materials shipped, including shipping charges,
9 and mail it to the superintendent to whom the shipment is
10 being made. The superintendent shall pay the depository within
11 60 days after receipt of the requisitioned materials from the
12 appropriation for the purchase of adopted instructional
13 materials.
14 Section 12. Subsections (2) and (12) of section
15 233.25, Florida Statutes, are amended, present subsections
16 (13) and (14) are renumbered as subsections (18) and (19),
17 respectively, and new subsections (13), (14), (15), (16), and
18 (17) are added to said section, to read:
19 233.25 Duties, responsibilities, and requirements of
20 publishers and manufacturers of instructional
21 materials.--Publishers and manufacturers of instructional
22 materials, or their representatives, shall:
23 (2)(a) Deliver specimen copies of all instructional
24 materials upon which bids or proposals are based to each
25 member of a state instructional materials committee. At the
26 conclusion of the review process, manufacturers submitting
27 samples of instructional materials shall be entitled to the
28 return thereof, at the expense of the manufacturers; or, in
29 the alternative, the manufacturers shall be entitled to
30 reimbursement by the individual committee members for the
31 retail value of such samples.
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 (b) Lend copies of such materials in quantities to be
2 determined by the Department of Education to those districts
3 participating in preadoption evaluations. At the conclusion
4 of the review process, if the district does not return such
5 instructional materials to the publishers and manufacturers,
6 at their expense, the publishers and manufacturers shall be
7 entitled to reimbursement by the district for the retail value
8 of such materials.
9 (12) Maintain, or contract with, a depository in the
10 state and maintain there an inventory sufficient to receive
11 and fill orders for instructional materials.
12 (13) For the core subject areas specified in s.
13 233.34(2), maintain in the depository for the first 2 years of
14 the contract an inventory of instructional materials which is
15 sufficient to receive and fill orders.
16 (14) For the core subject areas specified in s.
17 233.34(2), ensure the availability of an inventory sufficient
18 to receive and fill orders for instructional materials for
19 growth, including the opening of a new school, and replacement
20 during the 3rd and subsequent years of the original contract
21 period.
22 (15) For all other subject areas, maintain in the
23 depository an inventory of instructional materials which is
24 sufficient to receive and fill orders.
25 (16) Accurately and fully disclose the names of all
26 persons who authored, researched, and developed instructional
27 materials. In addition to the penalties provided in
28 subsection (19), the Commissioner of Education may remove from
29 the list of state-adopted instructional materials those
30 instructional materials whose publisher or manufacturer fails
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 and refuses to comply with the requirements of this
2 subsection.
3 (17) Beginning with the 2002 adoption cycle, provide
4 opportunities for school districts to order customized
5 instructional materials adopted in the core subject areas of
6 mathematics, language arts, social studies, and science. As
7 used in this subsection, the term "customized materials" means
8 portions, sections, or chapters of state-adopted instructional
9 materials which may be provided in electronic format, printed
10 on demand, or reproduced using other innovative practices that
11 allow for customization as determined by the publisher and the
12 school district.
13 Section 13. Section 233.34, Florida Statutes, is
14 amended to read:
15 233.34 Use of instructional materials allocation;
16 instructional materials, library books, and reference books;
17 repair of books.--
18 (1) On or before July 1 each year, the commissioner
19 shall certify to the superintendent of each district the
20 estimated allocation of state funds for instructional
21 materials, computed pursuant to the provisions of chapter 236
22 for the ensuing fiscal year.
23 (2)(a) Each school district must purchase current
24 instructional materials to provide each student with a
25 textbook or other instructional materials as a major tool of
26 instruction in core courses of the appropriate subject areas
27 of mathematics, language arts, science, social studies,
28 reading, and literature for kindergarten through grade 12.
29 Such purchase must be made within the first 2 years of the
30 effective date of the adoption cycle.
31
20
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 (b) The requirement in paragraph (a) does not apply to
2 contracts in existence before April 1, 2000, or to a purchase
3 related to growth of student membership in the district or for
4 instructional materials maintenance needs.
5 (c) Any school district that meets the requirement in
6 paragraph (a) may use at least 5 percent of public school
7 technology funds to purchase electronic book readers when
8 authorized to do so in the General Appropriations Act.
9 (3)(a)(2) Each school district shall use the annual
10 allocation for the purchase of instructional materials
11 included on the state-adopted list. No less than 50 percent
12 of the annual allocation shall be used to purchase items which
13 will be used to provide instruction to students at the level
14 or levels for which the materials are designed.
15 (b) However, up to 50 percent of the annual allocation
16 may be used for the purchase of instructional materials,
17 including library and reference books and nonprint materials,
18 not included on the state-adopted list and for the repair and
19 renovation of textbooks and library books.
20 (c) Notwithstanding the provisions of this subsection,
21 school districts may use 100 percent of that portion of the
22 annual allocation which is designated by the district for the
23 purchase of instructional materials for kindergarten, and 75
24 percent of that portion of the annual allocation which is
25 designated for the purchase of instructional materials for
26 first grade, to purchase materials not on the state-adopted
27 list.
28 (4)(3) Notwithstanding the definition of instructional
29 materials in s. 233.07(4), the funds described in subsection
30 (3) (2) which school districts may use to purchase materials
31 not on the state adopted list may be used for the purchase of
21
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 instructional materials or other items having intellectual
2 content which assist in the instruction of a subject or
3 course. These items may be available in bound, unbound, kit,
4 or package form and may consist of hardbacked or softbacked
5 textbooks, replacements for items which were part of
6 previously purchased instructional materials, consumables,
7 learning laboratories, manipulatives, electronic media,
8 computer courseware or software, and other commonly accepted
9 instructional tools as prescribed by school board policy. The
10 funds available to school districts for the purchase of
11 materials not on the state adopted list may not be used to
12 purchase electronic or computer hardware even if such hardware
13 is bundled with software or other electronic media, nor may
14 such funds be used to purchase equipment or supplies. However,
15 when authorized to do so in the General Appropriations Act, a
16 school or school district may use a portion of the funds
17 available to it for the purchase of materials not on the state
18 adopted list to purchase science laboratory materials and
19 supplies.
20 (5)(4) Each district school board shall adopt
21 policies, and each superintendent shall implement procedures,
22 that will assure the maximum use by the students of the
23 materials herein authorized.
24 (6)(5) District school boards are authorized to issue
25 purchase orders subsequent to February 1 March 15 in an
26 aggregate amount which does not exceed 20 percent of the
27 current year's allocation, and subsequent to April 1 May 1 in
28 an aggregate amount which does not exceed 90 percent of the
29 current year's allocation, for the purpose of expediting the
30 delivery of instructional materials which are to be paid for
31 from the ensuing year's allocation.
22
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 (7)(6) In any year in which the total allocation for a
2 district has not been expended or obligated prior to June 30,
3 the district shall carry forward such unobligated amount and
4 shall add this amount to the next year's allocation.
5 Section 14. Section 233.37, Florida Statutes, is
6 amended to read:
7 233.37 Disposal of instructional materials.--
8 (1) Under policy rules of the commissioner, or rules
9 of the district school board which have been approved by the
10 commissioner, the district school board may dispose of the
11 instructional materials of an old adoption when they have
12 become unserviceable or surplus or are no longer on state
13 contract by:
14 (a) Giving or lending the materials to other public
15 education programs within the district or state, to the
16 teachers to use in developing supplementary teaching
17 materials, to students or others, or to any charitable
18 organization, governmental agency, private school, or state.
19 (b) Selling the materials to used book dealers,
20 recycling plants, pulp mills, or other persons, firms, or
21 corporations upon such terms as are most economically
22 advantageous to the district school board, upon such terms and
23 conditions as will yield their fair salvage value. The
24 Department of Education shall enter into one or more contracts
25 with recycling firms for periodic pickup in school districts
26 of obsolete or unusable materials to be salvaged.
27 (2) The district school board may prescribe by policy
28 the manner for destroying instructional materials that cannot
29 be disposed of as provided in subsection (1).
30 (3) All moneys received by reason of sale, exchange,
31 or other disposition of instructional materials shall be
23
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 deposited in the district school fund and added to the
2 district appropriation for instructional materials.
3 Section 15. Section 233.38, Florida Statutes, is
4 repealed.
5 Section 16. Section 233.43, Florida Statutes, is
6 amended to read:
7 233.43 Duties of superintendent relating to
8 instructional materials.--
9 (1) The duties and responsibilities of each
10 superintendent of schools for the requisition, purchase,
11 receipt, storage, distribution, use, conservation, records,
12 and reports of, and management practices and property
13 accountability concerning, instructional materials shall be
14 prescribed by policies of the district school board. Such
15 policies shall also provide for an evaluation of any
16 instructional materials to be requisitioned that have not been
17 used previously in the schools of the district. The duties and
18 responsibilities include keeping adequate records and accounts
19 for all financial transactions for funds collected pursuant to
20 s. 233.46(4). Each superintendent of schools shall provide an
21 annual report on the funds collected from the sale, exchange,
22 loss, or damage of instructional materials under s. 233.46(4)
23 to the Department of Education. The department shall annually
24 review these reports and compile a report to the Legislature,
25 including recommendations for any needed changes.
26 (2) Each superintendent of schools shall notify the
27 Department of Education by April 1 of each year the
28 state-adopted instructional materials that will be
29 requisitioned for use in his or her district. The notification
30 shall include a district plan for instructional materials use
31
24
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 to assist in determining if adequate instructional materials
2 have been requisitioned.
3 Section 17. Subsections (1) and (2) of section 233.46,
4 Florida Statutes, are amended to read:
5 233.46 Duties of principals.--The duties and
6 responsibilities of principals for instructional materials
7 management and care include:
8 (1) PROPER USE OF INSTRUCTIONAL MATERIALS.--The
9 principal is responsible for assuring that instructional
10 materials are used to provide instruction to students enrolled
11 at the grade level or levels for which the materials are
12 designed, pursuant to policies of the school board. It shall
13 be the responsibility of the principal to effectively
14 communicate to parents the manner in which instructional
15 materials are used to implement the curricular objectives of
16 the school.
17 (2) MONEY COLLECTED FOR LOST OR DAMAGED BOOKS;
18 ENFORCEMENT.--It shall be the duty and responsibility of each
19 principal to collect from each pupil or the pupil's parent the
20 purchase price of any instructional material the pupil has
21 lost, destroyed, or unnecessarily damaged and to report and
22 transmit such amounts so collected to the superintendent. If
23 such material so lost, destroyed, or damaged has been in
24 school use for more than 1 year, a sum ranging between 50 and
25 75 percent of the purchase price of the book shall be
26 collected. Such sum shall be determined by the physical
27 condition of the book. The failure to collect such sum upon
28 reasonable effort by the principal may result in the
29 suspension of the pupil from participation in extracurricular
30 activities or satisfaction of the debt by the pupil through
31 community service activities at the school site as determined
25
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 by the principal. The provisions of this subsection must be
2 included in the policies of the district school board.
3 Section 18. Section 233.48, Florida Statutes, is
4 amended to read:
5 233.48 Expenses; budget request.--The Commissioner of
6 Education shall include in the department's annual legislative
7 budget a request for funds in an amount sufficient to provide
8 the necessary expense for:
9 (1) The instructional materials committees.
10 (2) Operating expense of the surplus instructional
11 materials exchange.
12 (2)(3) Instructional materials for use by partially
13 sighted pupils.
14 (3)(4) Other specific and necessary state expense of
15 the instructional materials program.
16 Section 19. Subsection (18) of section 229.512,
17 Florida Statutes, is amended to read:
18 229.512 Commissioner of Education; general powers and
19 duties.--The Commissioner of Education is the chief
20 educational officer of the state, and has the following
21 general powers and duties:
22 (18) To develop criteria for use by state
23 instructional materials committees in evaluating materials
24 submitted for adoption consideration. The criteria shall, as
25 appropriate, be based on instructional expectations reflected
26 in curriculum frameworks and student performance standards.
27 The criteria for each subject or course shall be made
28 available to publishers of instructional materials at least 24
29 months prior to the date on which bids are due as provided by
30 s. 233.14, except as otherwise permitted under s.
31 233.17(2)(3). It is the intent of the Legislature that
26
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 publishers have ample time to develop instructional materials
2 designed to meet requirements in this state.
3 Section 20. This act shall take effect upon becoming a
4 law.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
27
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 *****************************************
2 HOUSE SUMMARY
3 Prescribes the duty of school boards to provide
instructional materials. Defines the term "adequate
4 instructional materials" for purposes of courses of study
in the state's public schools. Revises the membership of
5 instructional materials committees. Eliminates district
instructional materials committees. Revises the method of
6 announcement of committee meetings and requests for bids or
proposals. Deletes requirements for aggregations of
7 district recommendations. Deletes the requirement that
instructional materials committee training be provided
8 through summer institutes. Provides requirements regarding
instructional materials pilot programs. Transfers certain
9 duties relating to selection and adoption of instructional
materials from the Department of Education to the
10 Commissioner of Education. Establishes procedures for
determining the accuracy of instructional materials,
11 correcting errors in content, and removing inaccurate
instructional materials from the state-adopted list.
12 Revises the term of adoption of instructional materials.
Deletes authority for a publisher or manufacturer of
13 instructional materials to increase the contract price of
the materials under specified conditions. Requires a
14 superintendent of a school district to requisition current
instructional materials to provide each student with a
15 textbook or other materials for core courses specified in
s. 233.34(2), F.S., as amended by the act. Deletes
16 provisions relating to the loan of instructional materials
specimen copies to districts. Requires publishers and
17 manufacturers to retain instructional materials in a
depository for a specified period of time, provide
18 opportunities for school districts to order customized
materials, and to accurately and fully disclose certain
19 information regarding the development of instructional
materials. Provides a penalty for noncompliance. Requires
20 school districts to purchase instructional materials in
core courses of subject areas within a specified time, with
21 exceptions. Allows school districts to make certain
purchases when authorized in the General Appropriations
22 Act. Provides for the disposal of unserviceable
instructional materials and those no longer on state
23 contract. Eliminates contracts between the Department of
Education and recycling firms. Authorizes the district
24 school board to prescribe policies for destroying
instructional materials. Requires that moneys received from
25 the disposition of instructional materials be deposited in
the district school fund and added to the district
26 appropriation for instructional materials. Requires
district school board policies to include the
27 superintendent's responsibilities for keeping records.
Requires superintendents to make an annual report of funds
28 collected from the sale, exchange, loss, or damage of
instructional materials. Requires the Department of
29 Education to review these reports and report to the
Legislature with its recommendations. Requires principals
30 to communicate to parents the manner in which instructional
materials are used to implement curricular objectives.
31 Requires that procedures for collection of money for lost
or damaged books be included in the policies of the
28
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1515
560-226A-00
1 district school boards. Revises expenses to be included in
the legislative budget request for instructional materials.
2 Requires the Department of Education to review contracts
used for the core subject areas and prepare a report to the
3 Legislature. Requires the Executive Office of the Governor
and the Secretary of State to renegotiate contracts for
4 instructional materials for the core subject area of
science in existence on the effective date of this act.
5 Repeals s. 233.38, F.S., relating to the exchange of
textbooks among school districts.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
29