HB 0819 2003
1	CHAMBER ACTION
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6	The Committee on Education K-20 recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to instructional materials for K-12 public
12	education; amending s. 1006.28, F.S.; revising a
13	notification date relating to requisition of instructional
14	materials; amending s. 1006.29, F.S.; revising the date by
15	which the Commissioner of Education must appoint state
16	instructional materials committees; amending s. 1006.33,
17	F.S.; revising dates relating to bids or proposals and
18	advertisements; amending s. 1006.34, F.S.; revising date
19	for adoption of instructional materials; amending s.
20	1006.36, F.S.; revising date for term of adoption;
21	amending s. 1006.37, F.S.; requiring publishers to provide
22	and price adopted instructional materials on an individual
23	basis for purchase by school districts; amending s.
24	1006.40, F.S.; revising provisions relating to the
25	issuance of purchase orders; establishing responsibility
26	of the school district for commitment in excess of ensuing
27	year's allocation; providing for application of certain
28	provisions; providing an effective date.
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30	Be It Enacted by the Legislature of the State of Florida:
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32	Section 1. Paragraph (b) of subsection (2) of section
33	1006.28, Florida Statutes, is amended to read:
34	1006.28 Duties of district school board, district school
35	superintendent; and school principal regarding K-12
36	instructional materials.--
37	(2) DISTRICT SCHOOL SUPERINTENDENT.--
38	(b) Each district school superintendent shall notify the
39	department by February 1April 1of each year the state-adopted
40	instructional materials that will be requisitioned for use in
41	his or her school district. The notification shall include a
42	district school board plan for instructional materials use to
43	assist in determining if adequate instructional materials have
44	been requisitioned.
45	Section 2. Subsection (1) of section 1006.29, Florida
46	Statutes, is amended to read:
47	1006.29 State instructional materials committees.--
48	(1) Each school year, not later than March 15April 15,
49	the commissioner shall appoint state instructional materials
50	committees composed of persons actively engaged in teaching or
51	in the supervision of teaching in the public elementary, middle,
52	or high schools and representing the major fields and levels in
53	which instructional materials are used in the public schools
54	and, in addition, lay citizens not professionally connected with
55	education. Committee members shall receive training pursuant to
56	subsection (5) in competencies related to the evaluation and
57	selection of instructional materials.
58	(a) There shall be 10 or more members on each committee:
59	At least 50 percent of the members shall be classroom teachers
60	who are certified in an area directly related to the academic
61	area or level being considered for adoption, 2 shall be
62	laypersons, 1 shall be a district school board member, and 2
63	shall be supervisors of teachers. The committee must have the
64	capacity or expertise to address the broad racial, ethnic,
65	socioeconomic, and cultural diversity of the state's student
66	population. Personnel selected as teachers of the year at the
67	school, district, regional, or state level are encouraged to
68	serve on instructional materials committees.
69	(b) The membership of each committee must reflect the
70	broad racial, ethnic, socioeconomic, and cultural diversity of
71	the state, including a balanced representation from the state's
72	geographic regions.
73	(c) The commissioner shall determine annually the areas in
74	which instructional materials shall be submitted for adoption,
75	taking into consideration the desires of the district school
76	boards. The commissioner shall also determine the number of
77	titles to be adopted in each area.
78	Section 3. Paragraph (a) of subsection (1) of section
79	1006.33, Florida Statutes, is amended to read:
80	1006.33 Bids or proposals; advertisement and its
81	contents.--
82	(1)(a) Beginning on or before April 15May 15of any year
83	in which an instructional materials adoption is to be initiated,
84	the department shall advertise in the Florida Administrative
85	Weekly 4 weeks preceding the date on which the bids shall be
86	received, that at a certain designated time, not later than May
87	15June 15, sealed bids or proposals to be deposited with the
88	department will be received from publishers or manufacturers for
89	the furnishing of instructional materials proposed to be adopted
90	as listed in the advertisement beginning February 1April 1
91	following the adoption.
92	Section 4. Paragraph (a) of subsection (2) of section
93	1006.34, Florida Statutes, is amended to read:
94	1006.34 Powers and duties of the commissioner and the
95	department in selecting and adopting instructional materials.--
96	(2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.--
97	(a) The department shall notify all publishers and
98	manufacturers of instructional materials who have submitted bids
99	that within 3 weeks after the deadline for receiving bids, at a
100	designated time and place, it will open the bids submitted and
101	deposited with it. At the time and place designated, the bids
102	shall be opened, read, and tabulated in the presence of the
103	bidders or their representatives. No one may revise his or her
104	bid after the bids have been filed. When all bids have been
105	carefully considered, the commissioner shall, from the list of
106	suitable, usable, and desirable instructional materials reported
107	by the state instructional materials committee, select and adopt
108	instructional materials for each grade and subject field in the
109	curriculum of public elementary, middle, and high schools in
110	which adoptions are made and in the subject areas designated in
111	the advertisement. The adoption shall continue for the period
112	specified in the advertisement, beginning on the ensuing
113	February 1April 1. The adoption shall not prevent the extension
114	of a contract as provided in subsection (3). The commissioner
115	shall always reserve the right to reject any and all bids. The
116	commissioner may ask for new sealed bids from publishers or
117	manufacturers whose instructional materials were recommended by
118	the state instructional materials committee as suitable, usable,
119	and desirable; specify the dates for filing such bids and the
120	date on which they shall be opened; and proceed in all matters
121	regarding the opening of bids and the awarding of contracts as
122	required by this part. In all cases, bids shall be accompanied
123	by a cash deposit or certified check of from $500 to $2,500, as
124	the commissioner may direct. The department, in adopting
125	instructional materials, shall give due consideration both to
126	the prices bid for furnishing instructional materials and to the
127	report and recommendations of the state instructional materials
128	committee. When the commissioner has finished with the report of
129	the state instructional materials committee, the report shall be
130	filed and preserved with the department and shall be available
131	at all times for public inspection.
132	Section 5. Subsection (1) of section 1006.36, Florida
133	Statutes, is amended to read:
134	1006.36 Term of adoption for instructional materials.--
135	(1) The term of adoption of any instructional materials
136	must be a 6-year period beginning on February 1April 1
137	following the adoption, except that the commissioner may approve
138	terms of adoption of less than 6 years for materials in content
139	areas which require more frequent revision. Any contract for
140	instructional materials may be extended as prescribed in s.
141	1006.34(3).
142	Section 6. Subsection (3) is added to section 1006.37,
143	Florida Statutes, to read:
144	1006.37 Requisition of instructional materials from
145	publisher’s depository.--
146	(3) Publishers shall provide and price adopted
147	instructional materials on an individual basis so that school
148	districts may purchase core subject area textbooks or other core
149	subject area materials individually in lieu of purchase as part
150	of an adopted package or bundle.
151	Section 7. Subsection (6) of section 1006.40, Florida
152	Statutes, is amended to read:
153	1006.40 Use of instructional materials allocation;
154	instructional materials, library books, and reference books;
155	repair of books.--
156	(6) District school boards may issue purchase orders
157	subsequent to February 1 in an aggregate amount which does not
158	exceed 9020 percent of the current year’s allocation, and
159	subsequent to April 1 in an aggregate amount which does not
160	exceed 90 percent of the current year’s allocation,for the
161	purpose of expediting the delivery of instructional materials
162	which are to be paid for from the ensuing year’s allocation.
163	This authority shall not be construed to set any future year's
164	allocation. Any amount committed in purchase orders in excess of
165	the ensuing year's allocation is the responsibility of the
166	school district.
167	Section 8. Sections 1 through 5 of this act shall affect
168	only new adoptions beginning with the 2004-2005 adoption cycle.
169	Section 9. This act shall take effect July 1, 2003.