Senate Bill sb1838e1

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  1                      A bill to be entitled

  2         An act relating to instructional materials for

  3         K-12 public education; amending s. 1006.28,

  4         F.S.; changing the date by which school

  5         superintendents must notify the department

  6         regarding certain instructional materials;

  7         amending s. 1006.29, F.S.; changing the date

  8         for appointment of instructional materials

  9         committees; amending s. 1006.33, F.S.; changing

10         the date for advertisement for and receipt of

11         bids for furnishing instructional materials;

12         amending ss. 1006.34, 1006.36, F.S.; changing

13         the date on which adoption of instructional

14         materials is effective; amending s. 1006.37,

15         F.S.; requiring publishers to provide and price

16         adopted instructional materials on an

17         individual basis for purchase by school

18         districts; providing limitations on purchasing

19         authority; providing district responsibilities

20         for certain purchases; amending s. 1006.40,

21         F.S.; revising provisions relating to the

22         issuance of purchase orders; providing for the

23         application of certain provisions; providing an

24         effective date.

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

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28         Section 1.  Paragraph (b) of subsection (2) of section

29  1006.28, Florida Statutes, is amended to read:

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 1         1006.28  Duties of district school board, district

 2  school superintendent; and school principal regarding K-12

 3  instructional materials.--

 4         (2)  DISTRICT SCHOOL SUPERINTENDENT.--

 5         (b)  Each district school superintendent shall notify

 6  the department by February 1 April 1 of each year the

 7  state-adopted instructional materials that will be

 8  requisitioned for use in his or her school district. The

 9  notification shall include a district school board plan for

10  instructional materials use to assist in determining if

11  adequate instructional materials have been requisitioned.

12         Section 2.  Subsection (1) of section 1006.29, Florida

13  Statutes, is amended to read:

14         1006.29  State instructional materials committees.--

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

16  15, the commissioner shall appoint state instructional

17  materials committees composed of persons actively engaged in

18  teaching or in the supervision of teaching in the public

19  elementary, middle, or high schools and representing the major

20  fields and levels in which instructional materials are used in

21  the public schools and, in addition, lay citizens not

22  professionally connected with education.  Committee members

23  shall receive training pursuant to subsection (5) in

24  competencies related to the evaluation and selection of

25  instructional materials.

26         (a)  There shall be 10 or more members on each

27  committee: At least 50 percent of the members shall be

28  classroom teachers who are certified in an area directly

29  related to the academic area or level being considered for

30  adoption, 2 shall be laypersons, 1 shall be a district school

31  board member, and 2 shall be supervisors of teachers. The


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 1  committee must have the capacity or expertise to address the

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

 3  the state's student population.  Personnel selected as

 4  teachers of the year at the school, district, regional, or

 5  state level are encouraged to serve on instructional materials

 6  committees.

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

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

 9  the state, including a balanced representation from the

10  state's geographic regions.

11         (c)  The commissioner shall determine annually the

12  areas in which instructional materials shall be submitted for

13  adoption, taking into consideration the desires of the

14  district school boards. The commissioner shall also determine

15  the number of titles to be adopted in each area.

16         Section 3.  Paragraph (a) of subsection (1) of section

17  1006.33, Florida Statutes, is amended to read:

18         1006.33  Bids or proposals; advertisement and its

19  contents.--

20         (1)(a)  Beginning on or before April 15 May 15 of any

21  year in which an instructional materials adoption is to be

22  initiated, the department shall advertise in the Florida

23  Administrative Weekly 4 weeks preceding the date on which the

24  bids shall be received, that at a certain designated time, not

25  later than May 15 June 15, sealed bids or proposals to be

26  deposited with the department will be received from publishers

27  or manufacturers for the furnishing of instructional materials

28  proposed to be adopted as listed in the advertisement

29  beginning April 1 following the adoption.

30         Section 4.  Paragraph (a) of subsection (2) of section

31  1006.34, Florida Statutes, is amended to read:


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 1         1006.34  Powers and duties of the commissioner and the

 2  department in selecting and adopting instructional

 3  materials.--

 4         (2)  SELECTION AND ADOPTION OF INSTRUCTIONAL

 5  MATERIALS.--

 6         (a)  The department shall notify all publishers and

 7  manufacturers of instructional materials who have submitted

 8  bids that within 3 weeks after the deadline for receiving

 9  bids, at a designated time and place, it will open the bids

10  submitted and deposited with it. At the time and place

11  designated, the bids shall be opened, read, and tabulated in

12  the presence of the bidders or their representatives.  No one

13  may revise his or her bid after the bids have been filed.

14  When all bids have been carefully considered, the commissioner

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

16  instructional materials reported by the state instructional

17  materials committee, select and adopt instructional materials

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

19  elementary, middle, and high schools in which adoptions are

20  made and in the subject areas designated in the advertisement.

21  The adoption shall continue for the period specified in the

22  advertisement, beginning on the ensuing February 1 April 1.

23  The adoption shall not prevent the extension of a contract as

24  provided in subsection (3). The commissioner shall always

25  reserve the right to reject any and all bids. The commissioner

26  may ask for new sealed bids from publishers or manufacturers

27  whose instructional materials were recommended by the state

28  instructional materials committee as suitable, usable, and

29  desirable; specify the dates for filing such bids and the date

30  on which they shall be opened; and proceed in all matters

31  regarding the opening of bids and the awarding of contracts as


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 1  required by this part. In all cases, bids shall be accompanied

 2  by a cash deposit or certified check of from $500 to $2,500,

 3  as the commissioner may direct. The department, in adopting

 4  instructional materials, shall give due consideration both to

 5  the prices bid for furnishing instructional materials and to

 6  the report and recommendations of the state instructional

 7  materials committee. When the commissioner has finished with

 8  the report of the state instructional materials committee, the

 9  report shall be filed and preserved with the department and

10  shall be available at all times for public inspection.

11         Section 5.  Subsection (1) of section 1006.36, Florida

12  Statutes, is amended to read:

13         1006.36  Term of adoption for instructional

14  materials.--

15         (1)  The term of adoption of any instructional

16  materials must be a 6-year period beginning on February 1

17  April 1 following the adoption, except that the commissioner

18  may approve terms of adoption of less than 6 years for

19  materials in content areas which require more frequent

20  revision. Any contract for instructional materials may be

21  extended as prescribed in s. 1006.34(3).

22         Section 6.  Subsection (3) is added to section 1006.37,

23  Florida Statutes, to read:

24         1006.37  Requisition of instructional materials from

25  publisher's depository.--

26         (3)  Publishers shall provide and price adopted

27  instructional materials on an individual basis so that school

28  districts may purchase core subject area textbooks or other

29  core subject area materials individually in lieu of purchase

30  as part of an adopted package or bundle. This authority shall

31  not be construed to set any future year's allocation. Any


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 1  amount committed in purchase orders in excess of the ensuing

 2  year's allocation is the responsibility of the school

 3  district.

 4         Section 7.  Subsection (6) of section 1006.40, Florida

 5  Statutes, is amended to read:

 6         1006.40  Use of instructional materials allocation;

 7  instructional materials, library books, and reference books;

 8  repair of books.--

 9         (6)  District school boards may issue purchase orders

10  subsequent to February 1 in an aggregate amount which does not

11  exceed 90 20 percent of the current year's allocation, and

12  subsequent to April 1 in an aggregate amount which does not

13  exceed 90 percent of the current year's allocation, for the

14  purpose of expediting the delivery of instructional materials

15  which are to be paid for from the ensuing year's allocation.

16         Section 8.  Sections 1 through 4 of this act affect

17  only new adoptions, beginning with the 2004-2005 adoption

18  cycle.

19         Section 9.  This act shall take effect July 1, 2003.

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