House Bill 1515c2

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    Florida House of Representatives - 2000          CS/CS/HB 1515

        By the Committees on Education Appropriations, Education
    Innovation and Representatives Lynn and Melvin





  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

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  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         revising the years for which a tentative

11         schedule of subject areas to be called for

12         adoption must be published; amending s. 233.22,

13         F.S.; requiring the superintendent of a school

14         district to requisition certain materials;

15         allowing the superintendent of a school

16         district to requisition certain materials;

17         amending s. 233.25, F.S.; deleting provisions

18         relating to the loan of instructional materials

19         specimen copies to districts; requiring

20         publishers and manufacturers to retain

21         instructional materials in a depository for a

22         specified period of time, to implement a pilot

23         program to provide opportunities for at least

24         one school district to order customized

25         materials in certain subject areas, and to

26         accurately and fully disclose certain

27         information regarding the development of

28         instructional materials; providing a penalty

29         for noncompliance; amending s. 233.34, F.S.;

30         requiring school districts to purchase

31         instructional materials in core courses of

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  1         appropriate subject areas within a specified

  2         time; limiting the amount of such required

  3         purchases; providing exceptions; allowing

  4         school districts to make certain purchases when

  5         authorized in the General Appropriations Act;

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

  7         disposal of unserviceable instructional

  8         materials and those no longer on state

  9         contract; eliminating contracts between the

10         Department of Education and recycling firms;

11         authorizing the district school board to

12         prescribe policies for destroying instructional

13         materials; requiring that certain moneys be

14         deposited in the district school fund and added

15         to the district appropriation for instructional

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

17         to the exchange of textbooks by school

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

19         district school board policies to include the

20         superintendent's responsibilities for keeping

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

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

23         requiring principals to communicate to parents

24         the manner in which instructional materials are

25         used to implement curricular objectives;

26         requiring district school board policies to

27         include provisions related to lost or damaged

28         books; amending s. 233.48, F.S.; revising

29         expenses to be included in the legislative

30         budget request for instructional materials;

31

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  1         amending s. 229.512, F.S.; correcting a cross

  2         reference; providing an effective date.

  3

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

  5

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

  7  Statutes, is amended to read:

  8         230.23  Powers and duties of school board.--The school

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

10  perform all duties listed below:

11         (7)  COURSES OF STUDY AND OTHER INSTRUCTIONAL MATERIALS

12  AIDS.--Provide adequate instructional materials aids for all

13  children as follows and in accordance with the requirements of

14  chapter 233. For purposes of this subsection, the term

15  "adequate instructional materials" means a sufficient number

16  of textbooks or sets of materials serving as the basis for

17  instruction for each student in the core courses of

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

19  and literature, except for instruction for which the school

20  advisory council approves the use of a program that does not

21  include a textbook as a major tool of instruction.

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

23  study for use in the schools of the district.

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

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

26  instructional materials furnished by the state and furnish

27  such other instructional materials as may be needed. The

28  school board is responsible for assuring that instructional

29  materials used in the district are consistent with the

30  district goals and objectives and the curriculum frameworks

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

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  1  state and district performance standards provided for in ss.

  2  229.565 and 232.2454.

  3         (c)  Other instructional materials aids.--Provide such

  4  other teaching accessories and aids as are needed to carry out

  5  the program.

  6         (d)  School library media services; establishment and

  7  maintenance.--Establish and maintain school library media

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

  9  and, in addition thereto, such traveling or circulating

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

11  district school system. Establish and maintain a program of

12  school library media services for all public schools.

13         Section 2.  Paragraphs (a) and (b) of subsection (1) of

14  section 233.07, Florida Statutes, are amended to read:

15         233.07  State instructional materials committees.--

16         (1)  Each school year, not later than April 15, the

17  Commissioner of Education shall appoint state instructional

18  materials committees composed of persons actively engaged in

19  teaching or in the supervision of teaching in the public

20  elementary or secondary schools and representing the major

21  fields and levels in which instructional materials are used in

22  the public schools of the state and, in addition, lay citizens

23  not professionally connected with education.  There shall be

24  committees for the recommendation of instructional materials

25  for the elementary and secondary grades as may be found

26  necessary by the Commissioner of Education.  Committee members

27  shall receive training pursuant to s. 233.095 in competencies

28  related to the evaluation and selection of instructional

29  materials.

30         (a)  There shall be nine or more members on each

31  committee: A majority Four shall be classroom teachers who are

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  1  certified in an area directly related to the academic area or

  2  level being considered for adoption, two shall be laypersons,

  3  one shall be a school board member, and two shall be

  4  supervisors of teachers. The committee must have the capacity

  5  or expertise to address the broad racial, ethnic,

  6  socioeconomic, and cultural diversity of the student

  7  population of the state.  Personnel selected as teachers of

  8  the year at the school, district, regional, or state level

  9  pursuant to the provisions of the program conducted by the

10  Department of Education shall be encouraged to serve on

11  instructional materials committees.

12         (b)  The membership of each committee must reflect the

13  broad racial, ethnic, socioeconomic, and cultural diversity of

14  the state, including a balanced representation from the

15  state's geographic regions.

16         Section 3.  Subsection (1) of section 233.08, Florida

17  Statutes, is amended to read:

18         233.08  Affidavit of state instructional materials

19  committee members.--Before transacting any business, each

20  member of a district or state committee shall make an

21  affidavit, to be filed with the Commissioner of Education,

22  that:

23         (1)  The member will faithfully discharge the duties

24  imposed upon him or her as a member or as a secretary of the

25  committee.

26         Section 4.  Subsection (1) and paragraphs (f) and (g)

27  of subsection (4) of section 233.09, Florida Statutes, are

28  amended to read:

29         233.09  Duties of each state instructional materials

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

31  committee shall be:

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  1         (1)  PLACE AND TIME OF MEETING.--To meet at the call of

  2  the Commissioner of Education, at a place in the state

  3  designated by him or her, and to remain there in session for a

  4  period of time, not to exceed 20 days, for the purpose of

  5  evaluating and recommending instructional materials for

  6  adoption by the state. All meetings of state instructional

  7  materials committees shall be announced publicly in the

  8  Florida Administrative Weekly through the news media of the

  9  state at least 2 weeks prior to the date of convening. The

10  announcement of the meeting shall include the agenda of the

11  meeting. All meetings of the committees shall be open to the

12  public.

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

14  evaluate carefully all instructional materials submitted, to

15  ascertain which instructional materials, if any, submitted for

16  consideration best implement the selection criteria developed

17  by the Commissioner of Education and those curricular

18  objectives included within applicable performance standards

19  provided for in s. 229.565.

20         (f)  When recommending instructional materials for use

21  in the schools, each committee shall have the recommendations

22  of all districts which submit evaluations on the materials

23  submitted for adoption in that particular subject area

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

25  selection process; however, such aggregation shall be weighted

26  in accordance with the full-time equivalent student percentage

27  of each district. Each committee shall prepare an additional

28  aggregation, unweighted, with each district recommendation

29  given equal consideration.  No instructional materials shall

30  be evaluated or recommended for adoption unless each of the

31

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  1  district committees shall have been loaned the specified

  2  number of samples.

  3         (g)  In addition to relying on statements of publishers

  4  or manufacturers of instructional material, any committee may

  5  conduct, or cause to be conducted, an independent

  6  investigation as to the compliance of submitted materials with

  7  the requirements of this section.

  8         Section 5.  Section 233.095, Florida Statutes, is

  9  amended to read:

10         233.095  Training programs for members of instructional

11  materials committees.--The Department of Education shall

12  develop a training program, to be provided through summer

13  inservice institutes, for persons selected to serve on state

14  and district instructional materials committees.  The program

15  shall be structured to assist committee members in developing

16  the skills necessary to make valid, culturally sensitive, and

17  objective decisions regarding the content and rigor of

18  instructional materials.  All persons serving on instructional

19  materials committees must complete the training program prior

20  to beginning the review and selection process.

21         Section 6.  Section 233.115, Florida Statutes, is

22  amended to read:

23         233.115  Prohibited acts.--

24         (1)  No publisher or manufacturer of instructional

25  material, or any of his or her representatives, shall offer to

26  give any emolument, money, or other valuable thing, or any

27  inducement, to any school official or member of a

28  district-level or state-level committee to directly or

29  indirectly introduce, recommend, vote for, or otherwise

30  influence the adoption or purchase of any instructional

31  materials.

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  1         (2)  No school official or member of a district or

  2  state instructional materials committee shall accept any

  3  emolument, money, or other valuable thing, or any inducement,

  4  to directly or indirectly introduce, recommend, vote for, or

  5  otherwise influence the adoption or purchase of any

  6  instructional material.

  7         (3)  No school district or publisher may participate in

  8  a pilot program of materials being considered for adoption

  9  during the 18 months prior to the official adoption of the

10  materials by the Commissioner of Education. Any pilot program

11  during the first 2 years of the adoption period must have the

12  prior approval of the Commissioner of Education.

13         (4)(3)  Any publisher or manufacturer of instructional

14  materials or his or her representative or any school official

15  or district or state instructional materials committee member,

16  who violates any of the provisions of this section is guilty

17  of a misdemeanor of the second degree.  Any representative of

18  a publisher or manufacturer who violates any of the provisions

19  of this section, in addition to any other penalty, shall be

20  banned from practicing business in the state for a period of 1

21  calendar year.  Any school official or district or state

22  instructional materials committee member who violates any of

23  the provisions of this section, in addition to any other

24  penalty, shall be removed from his or her official position.

25         (5)(4)  Nothing in this section shall be construed to

26  prevent any publisher, manufacturer, or agent from supplying,

27  for purposes of examination, necessary sample copies of

28  instructional materials to any school official or committee

29  member.

30

31

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  1         (6)(5)  Nothing in this section shall be construed to

  2  prevent a school official or committee member from receiving

  3  sample copies of instructional materials.

  4         (7)(6)  Nothing contained in this section shall be

  5  construed to prohibit or restrict a school official from

  6  receiving royalties or other compensation, other than

  7  compensation paid as commission to the school official for

  8  negotiating sales to district boards, from the publisher or

  9  manufacturer of instructional materials written, designed, or

10  prepared by such school official, and adopted by the

11  commissioner or purchased by any district board. No school

12  official shall be allowed to receive royalties on any

13  materials not on the state-adopted list purchased for use by

14  his or her district school board.

15         Section 7.  Paragraph (a) of subsection (1) of section

16  233.14, Florida Statutes, is amended to read:

17         233.14  Bids or proposals; advertisement and its

18  contents.--

19         (1)(a)  Beginning on or before May 15 of any year in

20  which an instructional materials adoption is to be initiated,

21  the Department of Education shall advertise in the Florida

22  Administrative Weekly a newspaper published in Tallahassee,

23  once each week for a period of 4 weeks preceding the date on

24  which the bids shall be received, that at a certain designated

25  time, not later than June 15, sealed bids or proposals to be

26  deposited with the Department of Education will be received

27  from publishers or manufacturers for the furnishing of

28  instructional materials proposed to be adopted as listed in

29  the advertisement beginning April 1 following the adoption.

30         Section 8.  Subsections (1), (2), and (3) of section

31  233.16, Florida Statutes, are amended to read:

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  1         233.16  Powers and duties of the Commissioner of

  2  Education and the Department of Education in selecting and

  3  adopting instructional materials.--The powers and duties of

  4  the Department of Education in selecting and adopting

  5  instructional materials shall be:

  6         (1)  PROCEDURES FOR EVALUATING INSTRUCTIONAL

  7  MATERIALS.--The Department of Education shall To implement

  8  procedures prescribed by the Commissioner of Education for

  9  evaluating instructional materials submitted by publishers and

10  manufacturers in each adoption. Included in these procedures

11  shall be the following minimum standards:

12         (a)  provisions which afford each publisher or

13  manufacturer or his or her representative an opportunity to

14  present to members of the state instructional materials

15  committees the merits of each instructional material submitted

16  in each adoption;

17         (b)  Forms on which a district superintendent or his or

18  her designee shall submit the results of the district

19  instructional materials committee's recommendations; and

20         (c)  Guidelines for district instructional materials

21  committees, professional associations, and individuals for

22  evaluating instructional materials for state adoption;

23  however, the following minimum standards apply:

24         1.  A district instructional materials committee must

25  reflect the broad racial, ethnic, socioeconomic, and cultural

26  diversity of the district and may not consist of fewer than

27  three persons. One must be a layperson and two must be

28  teachers, it being the intent of the Legislature that

29  committees of three or more persons include at least one

30  layperson and one-half teachers as a part of their total

31  membership. The committee must have the capacity or expertise

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  1  to address the broad racial, ethnic, socioeconomic, and

  2  cultural diversity of the student population of the district.

  3  Teachers serving on district instructional materials

  4  committees must be certified in an area directly related to

  5  the academic area or level being considered for adoption.

  6  Personnel selected as teachers of the year at the school,

  7  district, regional, or state level pursuant to the provisions

  8  of the program conducted by the Department of Education are

  9  encouraged to serve on instructional materials committees.

10         2.  A district instructional materials committee may

11  not deny any publisher or manufacturer or his or her

12  representative time to present his or her product equal to

13  that time given any other publisher or manufacturer or his or

14  her representative.

15         3.  Each instructional material evaluated by district

16  instructional materials committees, professional associations,

17  and individuals shall be ranked numerically in relation to all

18  other materials of the same type evaluated, and no two

19  materials in the same subject area may receive the same

20  numerical rating.

21         4.  District instructional materials committees,

22  professional associations, and individuals who evaluate

23  instructional materials and submit their findings and

24  recommendations to the state committee shall do so in

25  accordance with the provisions of s. 233.09(4).

26         (2)  SELECTION AND ADOPTION OF INSTRUCTIONAL

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

28  publishers or manufacturers of instructional materials who

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

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

31  bids and proposals which have been submitted and deposited

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  1  with the department of Education.  At the time and place

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

  3  tabulated in the presence of the bidders or their

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

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

  6  carefully considered, the Commissioner of Education department

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

  8  instructional materials reported by the state instructional

  9  materials committee, select and adopt instructional materials

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

11  elementary and secondary schools in the state in which

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

13  advertisement, which adoption shall continue for the period

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

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

16  contract as provided in subsection (3).  The commissioner

17  department shall always reserve to itself the right to reject

18  any and all bids or proposals if it is of the opinion that any

19  or all bids, for any reason, should be rejected.  The

20  commissioner department may ask for new sealed bids from

21  publishers or manufacturers whose instructional materials were

22  recommended by the state instructional materials committee as

23  suitable, usable, and desirable; specify the dates for filing

24  such bids and the date on which they shall be opened; and

25  proceed in all matters regarding the opening of bids and the

26  awarding of contracts as required by the terms and provisions

27  of this chapter. In all cases, bids or proposals shall be

28  accompanied by a cash deposit or certified check of from $500

29  to $2,500, as the commissioner department may direct.  The

30  department, in adopting instructional materials, shall give

31  due consideration both to the prices bid for furnishing

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  1  instructional materials and to the report and recommendations

  2  of the state instructional materials committee. When the

  3  commissioner department has finished with the report of the

  4  state instructional materials committee, the report shall be

  5  filed and preserved in the office of the Department of

  6  Education and shall be available at all times for public

  7  inspection.

  8         (3)  CONTRACT WITH PUBLISHERS OR MANUFACTURERS;

  9  BOND.--As soon as practicable after the Commissioner of

10  Education department has adopted any instructional materials

11  and all bidders that have secured the adoption of any

12  instructional materials have been notified of the same by

13  registered letter, the Department of Legal Affairs shall

14  prepare a contract in accordance with the provisions of the

15  school code with every bidder awarded the adoption of any

16  instructional materials.  Said contracts shall be executed by

17  the Governor and Secretary of State under the seal of the

18  state, one copy to be kept by the contractor, one copy to be

19  filed in the Department of State, and one copy to be filed in

20  the Department of Education. After giving due consideration to

21  comments by the districts, the commissioner department, with

22  the agreement of the publisher, may extend or shorten a

23  contract period for a period not to exceed 2 years; and the

24  terms of any such contract shall remain the same as those set

25  forth in the original contract. Any publisher or manufacturer

26  to whom any contract is let under the provisions of this

27  chapter must give bond in such amount as the commissioner

28  department deems advisable, payable to the state, conditioned

29  for the faithful, honest, and exact performance of the

30  contract. The bond must further provide for the payment of

31  reasonable attorney's fees in case of recovery in any suit

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  1  upon the same. The surety on the bond must be a guaranty or

  2  surety company authorized by the laws of the state to do

  3  business in the state; however, the bond shall not be

  4  exhausted by a single recovery but may be sued upon from time

  5  to time until the full amount thereof is recovered, and the

  6  department may at any time, after giving 30 days' notice,

  7  require additional security or additional bond.  The form of

  8  any bond or bonds or contract or contracts under the

  9  provisions of this chapter shall be prepared and approved by

10  the Department of Legal Affairs. At the discretion of the

11  commissioner of Education, a publisher or manufacturer to whom

12  any contract is let under provisions of this chapter may be

13  allowed a cash deposit in lieu of a bond, conditioned for the

14  faithful, honest, and exact performance of the contract.  The

15  cash deposit, payable to the Department of Education, shall be

16  placed in the Textbook Bid Trust Fund. The department may

17  recover damages on the cash deposit given by the contractor

18  for failure to furnish instructional materials, the sum

19  recovered to inure to the General Revenue Fund.

20         Section 9.  Section 233.167, Florida Statutes, is

21  created to read:

22         233.167  Accuracy of instructional materials.--In

23  addition to relying on statements of publishers or

24  manufacturers of instructional materials, the Commissioner of

25  Education may conduct or cause to be conducted an independent

26  investigation to determine the accuracy of the content of

27  state-adopted instructional materials. Upon the confirmation

28  of errors in state-adopted materials, the publisher of the

29  materials shall provide each district which has purchased

30  those materials with corrections in a format approved by the

31  commissioner. The commissioner may remove those materials

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  1  determined to contain errors which the publisher refuses to

  2  correct from the list of state-adopted materials. The

  3  commissioner may remove materials from the list of

  4  state-adopted materials at the request of the publisher if, in

  5  the commissioner's opinion, there is no material impact on the

  6  education goals of the state.

  7         Section 10.  Section 233.17, Florida Statutes, is

  8  amended to read:

  9         233.17  Term of adoption for instructional materials.--

10         (1)  The term of adoption of any instructional

11  materials must be a 6-year an 8-year period beginning on April

12  1 following the adoption, except for the core subject areas

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

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

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

16  instructional materials may be extended as prescribed in s.

17  233.16(3).  The Commissioner of Education may approve terms of

18  adoption of less than 6 8 years for materials in content areas

19  which require more frequent revision.

20         (2)  Any contract placing an instructional material on

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

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

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

24  days' notification, increase such contract price to the

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

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

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

28  such adjustment shall not exceed the percentage by which the

29  consumer price index as determined by the United States

30  Department of Labor has increased during the time the contract

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

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

  2  price is increased as permitted above.

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

  4  official schedule of subject areas to be called for adoption

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

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

  7  warrant, the Commissioner of Education may order the

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

  9  schedule, in which event the commissioner shall develop

10  criteria for such additional subject area or areas pursuant to

11  s. 229.512(18) and make them available to publishers as soon

12  as practicable. Notwithstanding the provisions of s.

13  229.512(18), the criteria for such additional subject area or

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

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

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

17  that the required expenditure for new instructional materials

18  is approximately the same each year in order to maintain

19  curricular consistency.

20         Section 11.  Section 233.22, Florida Statutes, is

21  amended to read:

22         233.22  Requisition of instructional materials from

23  publisher's depository.--

24         (1)  The superintendent shall requisition adopted

25  instructional materials from the depository of the publisher

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

27  superintendent shall requisition current instructional

28  materials to provide each student with a textbook or other

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

30  the subject areas specified in s. 233.34(2). These materials

31  must be requisitioned within the first 2 years of the adoption

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  1  cycle, except for instructional materials related to growth of

  2  student membership or instructional materials maintenance

  3  needs. The superintendent may requisition instructional

  4  materials in the core subject areas specified in s. 233.34(2)

  5  that are related to growth of student membership or

  6  instructional materials maintenance needs during the 3rd and

  7  subsequent years of the original contract period.

  8         (2)  The superintendent shall verify that such

  9  requisition is complete and accurate and order the depository

10  to forward to him or her the adopted instructional materials

11  shown by the requisition.  The depository shall prepare an

12  invoice of the materials shipped, including shipping charges,

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

14  being made. The superintendent shall pay the depository within

15  60 days after receipt of the requisitioned materials from the

16  appropriation for the purchase of adopted instructional

17  materials.

18         Section 12.  Subsections (2) and (12) of section

19  233.25, Florida Statutes, are amended, present subsections

20  (13) and (14) are renumbered as subsections (18) and (19),

21  respectively, and new subsections (13), (14), (15), (16), and

22  (17) are added to said section, 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         (2)(a)  Deliver specimen copies of all instructional

28  materials upon which bids or proposals are based to each

29  member of a state instructional materials committee. At the

30  conclusion of the review process, manufacturers submitting

31  samples of instructional materials shall be entitled to the

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  1  return thereof, at the expense of the manufacturers; or, in

  2  the alternative, the manufacturers shall be entitled to

  3  reimbursement by the individual committee members for the

  4  retail value of such samples.

  5         (b)  Lend copies of such materials in quantities to be

  6  determined by the Department of Education to those districts

  7  participating in preadoption evaluations.  At the conclusion

  8  of the review process, if the district does not return such

  9  instructional materials to the publishers and manufacturers,

10  at their expense, the publishers and manufacturers shall be

11  entitled to reimbursement by the district for the retail value

12  of such materials.

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

14  state and maintain there an inventory sufficient to receive

15  and fill orders for instructional materials.

16         (13)  For the core subject areas specified in s.

17  233.34(2), maintain in the depository for the first 2 years of

18  the contract an inventory of instructional materials which is

19  sufficient to receive and fill orders.

20         (14)  For the core subject areas specified in s.

21  233.34(2), ensure the availability of an inventory sufficient

22  to receive and fill orders for instructional materials for

23  growth, including the opening of a new school, and replacement

24  during the 3rd and subsequent years of the original contract

25  period.

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

27  depository an inventory of instructional materials which is

28  sufficient to receive and fill orders.

29         (16)  Accurately and fully disclose only the names of

30  those persons who actually authored the instructional

31  materials.  In addition to the penalties provided in

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  1  subsection (19), the Commissioner of Education may remove from

  2  the list of state-adopted instructional materials those

  3  instructional materials whose publisher or manufacturer

  4  misleads the purchaser by falsely representing genuine

  5  authorship.

  6         (17)  Notwithstanding s. 233.115(3), beginning with the

  7  2002 adoption cycle, implement a pilot program to provide

  8  opportunities for at least one school district, as determined

  9  by the state instructional materials committee in consultation

10  with the publishing industry, to order customized materials

11  adopted in one or more of the core subject areas of

12  mathematics, language arts, social studies, and science.  As

13  used in this subsection, the term "customized materials" means

14  portions, sections, or chapters of state-adopted instructional

15  materials which may be provided in electronic format, printed

16  on demand, or reproduced using other innovative practices that

17  allow for customization as determined by the publisher and the

18  school district.

19         Section 13.  Section 233.34, Florida Statutes, is

20  amended to read:

21         233.34  Use of instructional materials allocation;

22  instructional materials, library books, and reference books;

23  repair of books.--

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

25  shall certify to the superintendent of each district the

26  estimated allocation of state funds for instructional

27  materials, computed pursuant to the provisions of chapter 236

28  for the ensuing fiscal year.

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

30  instructional materials to provide each student with a

31  textbook or other instructional materials as a major tool of

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  1  instruction in core courses of the appropriate subject areas

  2  of mathematics, language arts, science, social studies,

  3  reading, and literature for kindergarten through grade 12.

  4  Such purchase must be made within the first 2 years of the

  5  effective date of the adoption cycle, as provided by s.

  6  233.345. Unless specifically provided for in the General

  7  Appropriations Act, the cost of instructional materials

  8  purchases required by this paragraph shall not exceed the

  9  amount of the district's allocation for instructional

10  materials, pursuant to s. 236.122, for the previous 2 years.

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

12  contracts in existence before April 1, 2000, or to a purchase

13  related to growth of student membership in the district or for

14  instructional materials maintenance needs.

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

16  paragraph (a) may use at least 5 percent of public school

17  technology funds to purchase electronic book readers when

18  authorized to do so in the General Appropriations Act.

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

20  allocation for the purchase of instructional materials

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

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

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

24  or levels for which the materials are designed.

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

26  may be used for the purchase of instructional materials,

27  including library and reference books and nonprint materials,

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

29  renovation of textbooks and library books.

30         (c)  Notwithstanding the provisions of this subsection,

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

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  1  annual allocation which is designated by the district for the

  2  purchase of instructional materials for kindergarten, and 75

  3  percent of that portion of the annual allocation which is

  4  designated for the purchase of instructional materials for

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

  6  list.

  7         (4)(3)  Notwithstanding the definition of instructional

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

  9  (3) (2) which school districts may use to purchase materials

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

11  instructional materials or other items having intellectual

12  content which assist in the instruction of a subject or

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

14  or package form and may consist of hardbacked or softbacked

15  textbooks, replacements for items which were part of

16  previously purchased instructional materials, consumables,

17  learning laboratories, manipulatives, electronic media,

18  computer courseware or software, and other commonly accepted

19  instructional tools as prescribed by school board policy. The

20  funds available to school districts for the purchase of

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

22  purchase electronic or computer hardware even if such hardware

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

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

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

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

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

28  adopted list to purchase science laboratory materials and

29  supplies.

30         (5)(4)  Each district school board shall adopt

31  policies, and each superintendent shall implement procedures,

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

  2  materials herein authorized.

  3         (6)(5)  District school boards are authorized to issue

  4  purchase orders subsequent to February 1 March 15 in an

  5  aggregate amount which does not exceed 20 percent of the

  6  current year's allocation, and subsequent to April 1 May 1 in

  7  an aggregate amount which does not exceed 90 percent of the

  8  current year's allocation, for the purpose of expediting the

  9  delivery of instructional materials which are to be paid for

10  from the ensuing year's allocation.

11         (7)(6)  In any year in which the total allocation for a

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

13  the district shall carry forward such unobligated amount and

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

15         Section 14.  Section 233.37, Florida Statutes, is

16  amended to read:

17         233.37  Disposal of instructional materials.--

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

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

20  commissioner, the district school board may dispose of the

21  instructional materials of an old adoption when they have

22  become unserviceable or surplus or are no longer on state

23  contract by:

24         (a)  Giving or lending the materials to other public

25  education programs within the district or state, to the

26  teachers to use in developing supplementary teaching

27  materials, to students or others, or to any charitable

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

29         (b)  Selling the materials to used book dealers,

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

31  corporations upon such terms as are most economically

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  1  advantageous to the district school board, upon such terms and

  2  conditions as will yield their fair salvage value.  The

  3  Department of Education shall enter into one or more contracts

  4  with recycling firms for periodic pickup in school districts

  5  of obsolete or unusable materials to be salvaged.

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

  7  the manner for destroying instructional materials that cannot

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

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

10  or other disposition of instructional materials shall be

11  deposited in the district school fund and added to the

12  district appropriation for instructional materials.

13         Section 15.  Section 233.38, Florida Statutes, is

14  repealed.

15         Section 16.  Section 233.43, Florida Statutes, is

16  amended to read:

17         233.43  Duties of superintendent relating to

18  instructional materials.--

19         (1)  The duties and responsibilities of each

20  superintendent of schools for the requisition, purchase,

21  receipt, storage, distribution, use, conservation, records,

22  and reports of, and management practices and property

23  accountability concerning, instructional materials shall be

24  prescribed by policies of the district school board.  Such

25  policies shall also provide for an evaluation of any

26  instructional materials to be requisitioned that have not been

27  used previously in the schools of the district. The duties and

28  responsibilities include keeping adequate records and accounts

29  for all financial transactions for funds collected pursuant to

30  s. 233.46(4). Such records and accounts shall be a component

31  of the educational service delivery scope in a school district

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  1  best financial management practices review under ss. 11.515

  2  and 230.23025.

  3         (2)  Each superintendent of schools shall notify the

  4  Department of Education by April 1 of each year the

  5  state-adopted instructional materials that will be

  6  requisitioned for use in his or her district. The notification

  7  shall include a district plan for instructional materials use

  8  to assist in determining if adequate instructional materials

  9  have been requisitioned.

10         Section 17.  Subsections (1) and (2) of section 233.46,

11  Florida Statutes, are amended to read:

12         233.46  Duties of principals.--The duties and

13  responsibilities of principals for instructional materials

14  management and care include:

15         (1)  PROPER USE OF INSTRUCTIONAL MATERIALS.--The

16  principal is responsible for assuring that instructional

17  materials are used to provide instruction to students enrolled

18  at the grade level or levels for which the materials are

19  designed, pursuant to policies of the school board. It shall

20  be the responsibility of the principal to effectively

21  communicate to parents the manner in which instructional

22  materials are used to implement the curricular objectives of

23  the school.

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

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

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

27  purchase price of any instructional material the pupil has

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

29  transmit such amounts so collected to the superintendent.  If

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

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

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  1  75 percent of the purchase price of the book shall be

  2  collected.  Such sum shall be determined by the physical

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

  4  reasonable effort by the principal may result in the

  5  suspension of the pupil from participation in extracurricular

  6  activities or satisfaction of the debt by the pupil through

  7  community service activities at the school site as determined

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

  9  included in the policies of the district school board.

10         Section 18.  Section 233.48, Florida Statutes, is

11  amended to read:

12         233.48  Expenses; budget request.--The Commissioner of

13  Education shall include in the department's annual legislative

14  budget a request for funds in an amount sufficient to provide

15  the necessary expense for:

16         (1)  The instructional materials committees.

17         (2)  Operating expense of the surplus instructional

18  materials exchange.

19         (2)(3)  Instructional materials for use by partially

20  sighted pupils.

21         (3)(4)  Other specific and necessary state expense of

22  the instructional materials program.

23         Section 19.  Subsection (18) of section 229.512,

24  Florida Statutes, is amended to read:

25         229.512  Commissioner of Education; general powers and

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

27  educational officer of the state, and has the following

28  general powers and duties:

29         (18)  To develop criteria for use by state

30  instructional materials committees in evaluating materials

31  submitted for adoption consideration.  The criteria shall, as

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  1  appropriate, be based on instructional expectations reflected

  2  in curriculum frameworks and student performance standards.

  3  The criteria for each subject or course shall be made

  4  available to publishers of instructional materials at least 24

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

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

  7  233.17(2)(3). It is the intent of the Legislature that

  8  publishers have ample time to develop instructional materials

  9  designed to meet requirements in this state.

10         Section 20.  This act shall take effect upon becoming a

11  law.

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