Senate Bill 0850e1
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 850 First Engrossed
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; amending s. 233.09, F.S.; amending
6 existing notice requirements and eliminating
7 the requirements for providing weighted and
8 unweighted aggregations; amending s. 233.16,
9 F.S.; changing the reference from the
10 Department of Education to the Commissioner of
11 Education with respect to certain duties in
12 selecting and adopting instructional materials;
13 eliminating a condition for rejecting bids;
14 amending s. 233.17, F.S.; changing the term of
15 adoption for instructional materials;
16 eliminating the optional escalator clause in
17 certain contracts; amending s. 233.22, F.S.;
18 requiring the superintendent of a school
19 district to requisition certain materials;
20 allowing the superintendent of a school
21 district to requisition certain materials;
22 amending s. 233.25, F.S.; requiring publishers
23 and manufacturers to retain instructional
24 materials in a depository for a specified
25 period of time and to ensure the availability
26 of materials; authorizing the Commissioner of
27 Education to accept certain submissions under
28 certain circumstances; amending s. 233.34,
29 F.S.; requiring school districts to purchase
30 instructional materials in core courses of
31 subject areas within a specified time; allowing
1
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 850 First Engrossed
1 school districts to make certain purchases when
2 authorized in the General Appropriations Act;
3 changing dates for authorized purchase orders;
4 amending s. 233.37, F.S.; providing for the
5 disposal of unserviceable instructional
6 materials and those no longer on state
7 contract; eliminating contracts between the
8 Department of Education and recycling firms;
9 authorizing the district school board to
10 prescribe policies for destroying instructional
11 materials; requiring that certain moneys be
12 deposited in the district school fund and added
13 to the district appropriation for instructional
14 materials; repealing s. 233.38, F.S., relating
15 to the exchange of textbooks by school
16 districts; amending s. 233.43, F.S.; requiring
17 district school board policies to include the
18 superintendent's responsibilities for keeping
19 records pursuant to s. 233.46(4), F.S.;
20 establishing notification requirements for
21 superintendents; requiring reports; amending s.
22 233.46, F.S.; adding a responsibility for
23 principals; requiring policies by district
24 school boards related to lost or damaged books;
25 requiring a report by the Department of
26 Education; requiring that the Executive Office
27 of the Governor and the Secretary of State
28 renegotiate existing contracts for certain
29 instructional materials; amending s. 230.23025,
30 F.S.; requiring that administrative and
31 instructional technology be included in the
2
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 850 First Engrossed
1 review of best financial management practices;
2 amending s. 233.07, F.S.; providing for more
3 members on the state committees; providing for
4 geographical representation; creating s.
5 233.66, F.S.; authorizing the Commissioner of
6 Education to take certain actions; creating
7 additional responsibilities for publishers;
8 providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (7) of section 230.23, Florida
13 Statutes, is amended to read:
14 230.23 Powers and duties of school board.--The school
15 board, acting as a board, shall exercise all powers and
16 perform all duties listed below:
17 (7) COURSES OF STUDY AND OTHER INSTRUCTIONAL MATERIALS
18 AIDS.--Provide adequate instructional materials aids for all
19 children as follows and in accordance with the requirements of
20 chapter 233. For purposes of this subsection, the term
21 "adequate instructional materials" means a sufficient number
22 of textbooks or sets of materials serving as the basis for
23 instruction for each student in the core courses of
24 mathematics, language arts, social studies, science, reading,
25 and literature, except for instruction for which the school
26 advisory council approves the use of a program that does not
27 include a textbook as a major tool of instruction.
28 (a) Courses of study; adoption.--Adopt courses of
29 study for use in the schools of the district.
30 (b) Textbooks.--Provide for proper requisitioning,
31 distribution, accounting, storage, care, and use of all
3
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 850 First Engrossed
1 instructional materials furnished by the state and furnish
2 such other instructional materials as may be needed. The
3 school board is responsible for assuring that instructional
4 materials used in the district are consistent with the
5 district goals and objectives and the curriculum frameworks
6 approved by the State Board of Education, as well as with the
7 state and district performance standards provided for in ss.
8 229.565 and 232.2454.
9 (c) Other instructional materials aids.--Provide such
10 other teaching accessories and aids as are needed to carry out
11 the program.
12 (d) School library media services; establishment and
13 maintenance.--Establish and maintain school library media
14 centers, or school library media centers open to the public,
15 and, in addition thereto, such traveling or circulating
16 libraries as may be needed for the proper operation of the
17 district school system. Establish and maintain a program of
18 school library media services for all public schools.
19 Section 2. Subsection (1) and paragraphs (f) and (g)
20 of subsection (4) of section 233.09, Florida Statutes, are
21 amended to read:
22 233.09 Duties of each state instructional materials
23 committee.--The duties of each state instructional materials
24 committee shall be:
25 (1) PLACE AND TIME OF MEETING.--To meet at the call of
26 the Commissioner of Education, at a place in the state
27 designated by him or her, and to remain there in session for a
28 period of time, not to exceed 20 days, for the purpose of
29 evaluating and recommending instructional materials for
30 adoption by the state. All meetings of state instructional
31 materials committees shall be announced publicly through the
4
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 850 First Engrossed
1 news media of the state and in the Florida Administrative
2 Weekly at least 2 weeks prior to the date of convening. The
3 announcement of the meeting shall include the agenda of the
4 meeting. All meetings of the committees shall be open to the
5 public.
6 (4) EVALUATION OF INSTRUCTIONAL MATERIALS.--To
7 evaluate carefully all instructional materials submitted, to
8 ascertain which instructional materials, if any, submitted for
9 consideration best implement the selection criteria developed
10 by the Commissioner of Education and those curricular
11 objectives included within applicable performance standards
12 provided for in s. 229.565.
13 (f) When recommending instructional materials for use
14 in the schools, each committee shall have the recommendations
15 of all districts which submit evaluations on the materials
16 submitted for adoption in that particular subject area
17 aggregated and presented to the members to aid them in the
18 selection process.; however, such aggregation shall be
19 weighted in accordance with the full-time equivalent student
20 percentage of each district. Each committee shall prepare an
21 additional aggregation, unweighted, with Each district
22 recommendation must be given equal consideration. No
23 Instructional materials may not shall be evaluated or
24 recommended for adoption unless each of the district
25 committees has shall have been loaned the specified number of
26 samples.
27 (g) In addition to relying on statements of publishers
28 or manufacturers of instructional material, any committee may
29 conduct, or cause to be conducted, an independent
30 investigation as to the compliance of submitted materials with
31 the requirements of this section.
5
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 850 First Engrossed
1 Section 3. Subsection (2) of section 233.16, Florida
2 Statutes, is amended to read:
3 233.16 Powers and duties of Department of Education in
4 selecting and adopting instructional materials.--The powers
5 and duties of the Department of Education in selecting and
6 adopting instructional materials shall be:
7 (2) SELECTION AND ADOPTION OF INSTRUCTIONAL
8 MATERIALS.--The Department of Education shall notify all
9 publishers or manufacturers of instructional materials who
10 have submitted bids that within 3 weeks after the deadline for
11 receiving bids, at a designated time and place, it will open
12 bids and proposals which have been submitted and deposited
13 with the Department of Education. At the time and place
14 designated, the bids or proposals shall be opened, read, and
15 tabulated in the presence of the bidders or their
16 representatives. No one may revise his or her bid after the
17 bids have been filed. When all bids or proposals have been
18 carefully considered, the Commissioner of Education department
19 shall, from the list of suitable, usable, and desirable
20 instructional materials reported by the state instructional
21 materials committee, select and adopt instructional materials
22 for each grade and subject field in the curriculum of public
23 elementary and secondary schools in the state in which
24 adoptions are made and in the subject areas designated in the
25 advertisement, which adoption shall continue for the period
26 specified in the advertisement, to begin on the ensuing April
27 1. Such adoption shall not prevent the extension of a
28 contract as provided in subsection (3). The Commissioner of
29 Education department shall always reserve to itself the right
30 to reject any and all bids or proposals if it is of the
31 opinion that any or all bids, for any reason, should be
6
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 850 First Engrossed
1 rejected. The Commissioner of Education department may ask for
2 new sealed bids from publishers or manufacturers whose
3 instructional materials were recommended by the state
4 instructional materials committee as suitable, usable, and
5 desirable; specify the dates for filing such bids and the date
6 on which they shall be opened; and proceed in all matters
7 regarding the opening of bids and the awarding of contracts as
8 required by the terms and provisions of this chapter. In all
9 cases, bids or proposals shall be accompanied by a cash
10 deposit or certified check of from $500 to $2,500, as the
11 Commissioner of Education department may direct. The
12 department, in adopting instructional materials, shall give
13 due consideration both to the prices bid for furnishing
14 instructional materials and to the report and recommendations
15 of the state instructional materials committee. When the
16 Commissioner of Education department has finished with the
17 report of the state instructional materials committee, the
18 report shall be filed and preserved in the office of the
19 Department of Education and shall be available at all times
20 for public inspection.
21 Section 4. Section 233.17, Florida Statutes, is
22 amended to read:
23 233.17 Term of adoption for instructional materials.--
24 (1) The term of adoption of any instructional
25 materials must be a 6-year an 8-year period beginning on April
26 1 following the adoption, except for the core subject areas
27 which include mathematics, science, social studies, reading,
28 and literature which shall be for a term not to exceed 6 years
29 beginning on April 1 following the adoption. Any contract for
30 instructional materials may be extended as prescribed in s.
31 233.16(3). The Commissioner of Education may approve terms of
7
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 850 First Engrossed
1 adoption of less than 8 years for materials in content areas
2 which require more frequent revision.
3 (2) Any contract placing an instructional material on
4 adoption for 4 or more years shall provide that a publisher or
5 manufacturer of instructional materials may, at the end of the
6 third year during the term of the contract, upon giving 60
7 days' notification, increase such contract price to the
8 publisher's or manufacturer's then-current lowest wholesale
9 price at which the materials are then being offered to any
10 state or school district in the United States, except that
11 such adjustment shall not exceed the percentage by which the
12 consumer price index as determined by the United States
13 Department of Labor has increased during the time the contract
14 has been in force. Such price increase shall remain in effect
15 for the remaining term of the contract, unless the contract
16 price is increased as permitted above.
17 (2)(3) The department shall publish annually an
18 official schedule of subject areas to be called for adoption
19 for each of the succeeding 2 years, and a tentative schedule
20 for years 3, 4, 5, and 6. If extenuating circumstances
21 warrant, the Commissioner of Education may order the
22 department to add one or more subject areas to the official
23 schedule, in which event the commissioner shall develop
24 criteria for such additional subject area or areas pursuant to
25 s. 229.512(18) and make them available to publishers as soon
26 as practicable. Notwithstanding the provisions of s.
27 229.512(18), the criteria for such additional subject area or
28 areas may be provided to publishers less than 24 months before
29 the date on which bids are due. The schedule shall be
30 developed so as to promote balance among the subject areas so
31 that the required expenditure for new instructional materials
8
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 850 First Engrossed
1 is approximately the same each year in order to maintain
2 curricular consistency.
3 Section 5. Section 233.22, Florida Statutes, is
4 amended to read:
5 233.22 Requisition of instructional materials from
6 publisher's depository.--
7 (1) The superintendent shall requisition adopted
8 instructional materials from the depository of the publisher
9 with whom a contract has been made. However, the
10 superintendent shall requisition current instructional
11 materials to provide each student with a textbook or other
12 materials as a major tool of instruction in core courses of
13 the subject areas specified in s. 233.34(2). These materials
14 must be requisitioned within the first 2 years of the adoption
15 cycle, except for instructional materials related to growth of
16 student membership or instructional-materials-maintenance
17 needs. The superintendent may requisition instructional
18 materials in the core subject areas specified in s. 233.34(2)
19 that are related to growth of student membership or
20 instructional-materials-maintenance needs during the 3rd, 4th,
21 5th, and 6th years of the original contract period.
22 (2) The superintendent shall verify that such
23 requisition is complete and accurate and order the depository
24 to forward to him or her the adopted instructional materials
25 shown by the requisition. The depository shall prepare an
26 invoice of the materials shipped, including shipping charges,
27 and mail it to the superintendent to whom the shipment is
28 being made. The superintendent shall pay the depository within
29 60 days after receipt of the requisitioned materials from the
30 appropriation for the purchase of adopted instructional
31 materials.
9
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 850 First Engrossed
1 Section 6. Subsections (8) and (12) of section 233.25,
2 Florida Statutes, are amended, present subsections (13) and
3 (14) of that section are redesignated as subsections (16) and
4 (17), respectively, and new subsections (13), (14), and (15)
5 are added to that section, to read:
6 233.25 Duties, responsibilities, and requirements of
7 publishers and manufacturers of instructional
8 materials.--Publishers and manufacturers of instructional
9 materials, or their representatives, shall:
10 (8) Provide any instructional materials free of charge
11 in the state to the same extent as that received by any state
12 or school district in the United States. The commissioner may
13 accept submissions that include a charge for ancillary
14 materials provided free of charge in other states' contracts
15 if the publisher reduces the total program cost to state
16 school districts.
17 (12) Maintain, or contract with, a depository in the
18 state and maintain there an inventory sufficient to receive
19 and fill orders for instructional materials.
20 (13) For the core subject areas specified in s.
21 233.34(2), maintain in the depository for the first 2 years of
22 the contract an inventory of instructional materials which is
23 sufficient to receive and fill orders.
24 (14) For the core subject areas specified in s.
25 233.34(2), ensure the availability of an inventory sufficient
26 to receive and fill orders for instructional materials for
27 growth, including the opening of a new school, and replacement
28 during the 3rd, 4th, 5th, and 6th years of the original
29 contract period.
30
31
10
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 850 First Engrossed
1 (15) For all other subject areas, maintain in the
2 depository an inventory of instructional materials which is
3 sufficient to receive and fill orders.
4 Section 7. Section 233.34, Florida Statutes, is
5 amended to read:
6 233.34 Use of instructional materials allocation;
7 instructional materials, library books, and reference books;
8 repair of books; exceptions.--
9 (1) On or before July 1 each year, the commissioner
10 shall certify to the superintendent of each district the
11 estimated allocation of state funds for instructional
12 materials, computed pursuant to the provisions of chapter 236
13 for the ensuing fiscal year.
14 (2)(a) Each school district must purchase current
15 instructional materials to provide each student with a
16 textbook or other instructional materials as a major tool of
17 instruction in core courses of the subject areas of
18 mathematics, language arts, science, social studies, reading,
19 and literature for kindergarten through grade 12. Such
20 purchase must be made within the first 2 years of the
21 effective date of the adoption cycle.
22 (b) The requirement in paragraph (a) does not apply to
23 contracts in existence before April 1, 2000, or to a purchase
24 related to growth of student membership in the district or for
25 instructional-materials-maintenance needs.
26 (c) Any school district that meets the requirement in
27 paragraph (a) may use at least 5 percent of public school
28 technology funds to purchase electronic book readers when
29 authorized to do so in the General Appropriations Act.
30 (3)(a)(2) Each school district shall use the annual
31 allocation for the purchase of instructional materials
11
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 850 First Engrossed
1 included on the state-adopted list. No less than 50 percent
2 of the annual allocation shall be used to purchase items which
3 will be used to provide instruction to students at the level
4 or levels for which the materials are designed.
5 (b) However, up to 50 percent of the annual allocation
6 may be used for the purchase of instructional materials,
7 including library and reference books and nonprint materials,
8 not included on the state-adopted list and for the repair and
9 renovation of textbooks and library books.
10 (c) Notwithstanding the provisions of this subsection,
11 school districts may use 100 percent of that portion of the
12 annual allocation which is designated by the district for the
13 purchase of instructional materials for kindergarten, and 75
14 percent of that portion of the annual allocation which is
15 designated for the purchase of instructional materials for
16 first grade, to purchase materials not on the state-adopted
17 list.
18 (4)(3) Notwithstanding the definition of instructional
19 materials in s. 233.07(4), the funds described in subsection
20 (3) (2) which school districts may use to purchase materials
21 not on the state adopted list may be used for the purchase of
22 instructional materials or other items having intellectual
23 content which assist in the instruction of a subject or
24 course. These items may be available in bound, unbound, kit,
25 or package form and may consist of hardbacked or softbacked
26 textbooks, replacements for items which were part of
27 previously purchased instructional materials, consumables,
28 learning laboratories, manipulatives, electronic media,
29 computer courseware or software, and other commonly accepted
30 instructional tools as prescribed by school board policy. The
31 funds available to school districts for the purchase of
12
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 850 First Engrossed
1 materials not on the state adopted list may not be used to
2 purchase electronic or computer hardware even if such hardware
3 is bundled with software or other electronic media, nor may
4 such funds be used to purchase equipment or supplies. However,
5 when authorized to do so in the General Appropriations Act, a
6 school or school district may use a portion of the funds
7 available to it for the purchase of materials not on the state
8 adopted list to purchase science laboratory materials and
9 supplies.
10 (5)(4) Each district school board shall adopt
11 policies, and each superintendent shall implement procedures,
12 that will assure the maximum use by the students of the
13 materials herein authorized.
14 (6)(5) District school boards are authorized to issue
15 purchase orders subsequent to February 1 March 15 in an
16 aggregate amount that which does not exceed 20 percent of the
17 current year's allocation, and subsequent to April May 1 in an
18 aggregate amount that which does not exceed 90 percent of the
19 current year's allocation, for the purpose of expediting the
20 delivery of instructional materials which are to be paid for
21 from the ensuing year's allocation.
22 (7)(6) In any year in which the total allocation for a
23 district has not been expended or obligated prior to June 30,
24 the district shall carry forward such unobligated amount and
25 shall add this amount to the next year's allocation.
26 Section 8. Section 233.37, Florida Statutes, is
27 amended to read:
28 233.37 Disposal of instructional materials.--
29 (1) Under policy rules of the commissioner, or rules
30 of the district school board which have been approved by the
31 commissioner, the district school board may dispose of the
13
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 850 First Engrossed
1 instructional materials of an old adoption when they have
2 become unserviceable or surplus or are no longer on state
3 contract by:
4 (a) Giving or lending the materials to other public
5 education programs within the district or state, to the
6 teachers to use in developing supplementary teaching
7 materials, to students or others, or to any charitable
8 organization, governmental agency, private school, or state.
9 (b) Selling the materials to used book dealers,
10 recycling plants, pulp mills, or other persons, firms, or
11 corporations upon such terms as are most economically
12 advantageous to the district school board.
13 (2) The district school board may prescribe by policy
14 the manner for destroying instructional materials that cannot
15 be disposed of as provided in subsection (1).
16 (3) All moneys received by reason of sale, exchange,
17 or other disposition of instructional materials shall be
18 deposited in the district school fund and added to the
19 district appropriation for instructional materials., upon such
20 terms and conditions as will yield their fair salvage value.
21 The Department of Education shall enter into one or more
22 contracts with recycling firms for periodic pickup in school
23 districts of obsolete or unusable materials to be salvaged.
24 Section 9. Section 233.38, Florida Statutes, is
25 repealed.
26 Section 10. Section 233.43, Florida Statutes, is
27 amended to read:
28 233.43 Duties of superintendent relating to
29 instructional materials.--
30 (1) The duties and responsibilities of each
31 superintendent for the requisition, purchase, receipt,
14
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 850 First Engrossed
1 storage, distribution, use, conservation, records, and reports
2 of, and management practices and property accountability
3 concerning, instructional materials shall be prescribed by
4 policies of the district school board. Such policies shall
5 also provide for an evaluation of any instructional materials
6 to be requisitioned that have not been used previously in the
7 schools of the district. The duties and responsibilities
8 include keeping adequate records and accounts for all
9 financial transactions for funds collected pursuant to s.
10 233.46(4). Each superintendent shall provide an annual report
11 on the funds collected from the sale, exchange, loss, or
12 damage of instructional materials under s. 233.46(4) to the
13 Department of Education. The Department of Education shall
14 annually review these reports and compile a report to the
15 Legislature, including recommendations for any needed changes.
16 (2) Each superintendent shall notify the Department of
17 Education, by April 1 of each year of those instructional
18 materials adopted by the Commissioner of Education which will
19 be requisitioned for use in his or her district. The
20 notification must include the district plans for
21 implementation.
22 Section 11. Subsections (1) and (2) of section 233.46,
23 Florida Statutes, are amended to read:
24 233.46 Duties of principals.--The duties and
25 responsibilities of principals for instructional materials
26 management and care include:
27 (1) PROPER USE OF INSTRUCTIONAL MATERIALS.--The
28 principal is responsible for assuring that instructional
29 materials are used to provide instruction to students enrolled
30 at the grade level or levels for which the materials are
31 designed, pursuant to policies of the school board. The
15
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 850 First Engrossed
1 principal is responsible for effectively communicating to
2 parents the manner in which instructional materials are used
3 to implement the curricular objectives of the school.
4 (2) MONEY COLLECTED FOR LOST OR DAMAGED BOOKS;
5 ENFORCEMENT.--It shall be the duty and responsibility of each
6 principal to collect from each pupil or the pupil's parent the
7 purchase price of any instructional material the pupil has
8 lost, destroyed, or unnecessarily damaged and to report and
9 transmit such amounts so collected to the superintendent. If
10 such material so lost, destroyed, or damaged has been in
11 school use for more than 1 year, a sum ranging between 50 and
12 75 percent of the purchase price of the book shall be
13 collected. Such sum shall be determined by the physical
14 condition of the book. The failure to collect such sum upon
15 reasonable effort by the principal may result in the
16 suspension of the pupil from participation in extracurricular
17 activities or satisfaction of the debt by the pupil through
18 community service activities at the school site as determined
19 by the principal. The provisions of this subsection must be
20 included in the policies of the district school board.
21 Section 12. The Department of Education shall review
22 the contracts used for the core subject areas and prepare a
23 report that includes recommendations for any needed changes.
24 The department shall provide a copy of the report to the
25 President of the Senate, the Speaker of the House of
26 Representatives, and the minority leader of each house by
27 January 1, 2001.
28 Section 13. The Executive Office of the Governor and
29 the Secretary of State shall renegotiate any contracts in
30 existence on the effective date of this act which provide for
31
16
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 850 First Engrossed
1 instructional materials for the core subject area of science
2 for kindergarten and for grades 1 through 12.
3 Section 14. Subsection (1) of section 230.23025,
4 Florida Statutes, is amended to read:
5 230.23025 Best financial management practices;
6 standards; reviews; designation of districts.--
7 (1) The Office of Program Policy Analysis and
8 Government Accountability (OPPAGA) and the Office of the
9 Auditor General are directed to develop a system for reviewing
10 the financial management practices of school districts. In
11 this system, OPPAGA and the Auditor General shall jointly
12 examine district operations to determine whether they meet
13 "best financial management practices." The best financial
14 management practices adopted by the Commissioner of Education
15 may be updated periodically after consultation with the
16 Legislature, the Governor, the SMART Schools Clearinghouse,
17 OPPAGA, and the Auditor General. The best financial management
18 practices, at a minimum, must instill public confidence by
19 addressing the following areas:
20 (a) Efficient use of resources, use of lottery
21 proceeds, student transportation and food service operations,
22 management structures, and personnel systems and benefits, and
23 administrative and instructional technology;
24 (b) Compliance with generally accepted accounting
25 principles and state and federal laws relating to financial
26 management;
27 (c) Performance accountability systems, including
28 performance measurement reports to the public, internal
29 auditing, financial auditing, and information made available
30 to support decisionmaking;
31
17
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 850 First Engrossed
1 (d) Cost control systems, including asset, risk, and
2 financial management, purchasing, and information system
3 controls.
4 Section 15. Paragraphs (a) and (b) of subsection (1)
5 of section 233.07, Florida Statutes, are amended to read:
6 233.07 State instructional materials committees.--
7 (1) Each school year, not later than April 15, the
8 Commissioner of Education shall appoint state instructional
9 materials committees composed of persons actively engaged in
10 teaching or in the supervision of teaching in the public
11 elementary or secondary schools and representing the major
12 fields and levels in which instructional materials are used in
13 the public schools of the state and, in addition, lay citizens
14 not professionally connected with education. There shall be
15 committees for the recommendation of instructional materials
16 for the elementary and secondary grades as may be found
17 necessary by the Commissioner of Education. Committee members
18 shall receive training pursuant to s. 233.095 in competencies
19 related to the evaluation and selection of instructional
20 materials.
21 (a) There shall be nine or more members on each
22 committee: Four shall be classroom teachers who are certified
23 in an area directly related to the academic area or level
24 being considered for adoption, two shall be laypersons, one
25 shall be a school board member, and two shall be supervisors
26 of teachers. The committee must have the capacity or expertise
27 to address the broad racial, ethnic, socioeconomic, and
28 cultural diversity of the student population of the state.
29 Personnel selected as teachers of the year at the school,
30 district, regional, or state level pursuant to the provisions
31
18
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 850 First Engrossed
1 of the program conducted by the Department of Education shall
2 be encouraged to serve on instructional materials committees.
3 (b) The membership of each committee must reflect the
4 broad racial, ethnic, socioeconomic, and cultural diversity of
5 the state, including balanced representation from the state's
6 geographic regions.
7 Section 16. Section 233.66, Florida Statutes, is
8 created to read:
9 233.66 Accuracy of instructional materials.--
10 (1) In addition to relying on statements of publishers
11 or manufacturers of instructional materials, the Commissioner
12 of Education may conduct or cause to be conducted an
13 independent investigation to determine the accuracy of
14 state-adopted instructional materials.
15 (2) When errors in state-adopted materials are
16 confirmed, the publisher of the materials shall provide to
17 each district that has purchased the materials the corrections
18 in a format approved by the Commissioner of Education.
19 (3) The Commissioner of Education may remove materials
20 from the list of state-adopted materials if he or she finds
21 that the content is in error and the publisher refuses to
22 correct the error when notified by the department.
23 (4) The Commissioner of Education may remove materials
24 from the list of state-adopted materials at the request of the
25 publisher if, in his or her opinion, there is no material
26 impact on the education goals of the state.
27 Section 17. This act shall take effect upon becoming a
28 law.
29
30
31
19