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;
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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
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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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