Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 864
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/26/2014           .                                

       (Hays) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 1006.28, Florida
    6  Statutes, is amended to read:
    7         1006.28 Duties of district school board, district school
    8  superintendent; and school principal regarding K-12
    9  instructional materials.—
   10         (1) DISTRICT SCHOOL BOARD.—The district school board has
   11  the constitutional duty and responsibility to select and provide
   12  adequate instructional materials for all students in accordance
   13  with the requirements of this part. The term “adequate
   14  instructional materials” means a sufficient number of student or
   15  site licenses or sets of materials that are available in bound,
   16  unbound, kit, or package form and may consist of hardbacked or
   17  softbacked textbooks, electronic content, consumables, learning
   18  laboratories, manipulatives, and electronic media, and computer
   19  courseware, or software, or applications that serve as the basis
   20  for instruction for each student in the core courses of
   21  mathematics, language arts, social studies, science, reading,
   22  and literature. The district school board has the following
   23  specific duties and responsibilities:
   24         (a) Courses of study; adoption.—Adopt courses of study for
   25  use in the schools of the district.
   26         (b) Instructional materials.—Provide for proper
   27  requisitioning, distribution, accounting, storage, care, and use
   28  of all instructional materials and furnish such other
   29  instructional materials as may be needed. The district school
   30  board shall ensure that instructional materials used in the
   31  district are consistent with the district goals and objectives
   32  and the course descriptions established in rule of the State
   33  Board of Education, as well as with the state and district
   34  performance standards provided for in s. 1001.03(1).
   35         (c) Other instructional materials.—Provide such other
   36  teaching accessories and aids as are needed for the school
   37  district’s educational program.
   38         (d) School library media services; establishment and
   39  maintenance.—Establish and maintain a program of school library
   40  media services for all public schools in the district, including
   41  school library media centers, or school library media centers
   42  open to the public, and, in addition such traveling or
   43  circulating libraries as may be needed for the proper operation
   44  of the district school system.
   45         Section 2. Subsections (1) and (2) of section 1006.283,
   46  Florida Statutes, are amended, and subsections (7), (8), and (9)
   47  are added to that section, to read:
   48         1006.283 District school board instructional materials
   49  review process.—
   50         (1) A district school board or consortium of school
   51  districts shall may implement an instructional materials program
   52  that includes the review, approval, adoption, and purchase of
   53  instructional materials. Beginning in the 2013-2014 school year,
   54  The district school superintendent shall certify to the
   55  department by March 31 of each year that all instructional
   56  materials for core courses used by the district are aligned with
   57  applicable state standards. Included in the certification shall
   58  be A list of the core instructional materials that will be used
   59  or purchased for use by the school district shall be included in
   60  the certification.
   61         (2) The district school board shall adopt rules
   62  implementing the district’s instructional materials program
   63  which must include, but need not be limited to:
   64         (a) Criteria for the review and recommendation of
   65  instructional materials, including a thorough review of
   66  curriculum content. The district shall establish a local
   67  instructional materials review committee to review and recommend
   68  instructional materials to the district school board for final
   69  adoption. A district may enter into an agreement with other
   70  districts to combine their local instructional materials review
   71  committees into one super committee. A local instructional
   72  materials review committee shall consist of the following
   73  members, appointed as follows:
   74         1. Each district school board member shall appoint one
   75  person who has subject area expertise in science, mathematics,
   76  language arts, social studies, or career or technical studies
   77  and who is not employed by the district.
   78         2. The superintendent shall appoint a number of classroom
   79  teachers equal to the number of district school board members.
   80  The selection of classroom teachers shall be representative of
   81  the subject areas and grade levels of the instructional
   82  materials being considered for adoption.
   83         3. The district school board and the superintendent shall
   84  each appoint at least one parent of a student who is currently
   85  enrolled in a public school in the district Its review and
   86  purchase process.
   87         (b) Identification, by subject area, of a review cycle for
   88  instructional materials.
   89         (c) The duties and qualifications of the instructional
   90  materials reviewers.
   91         (d) The requirements for an affidavit made by each a
   92  district instructional materials reviewer which substantially
   93  meets includes the requirements of s. 1006.30.
   94         (e) Compliance with s. 1006.32, relating to prohibited
   95  acts.
   96         (f) A process for the district school board to determine
   97  and certify that certifies the accuracy of district-adopted
   98  instructional materials.
   99         (g) The incorporation of applicable requirements of s.
  100  1006.31, which relates to the duties of instructional materials
  101  reviewers.
  102         (h) The incorporation of applicable requirements of s.
  103  1006.38, relating to the duties, responsibilities, and
  104  requirements of publishers of instructional materials.
  105         (i) The process by which instructional materials are
  106  adopted by the district school board. The process must allow the
  107  public, within 15 days after district school board adoption, to
  108  appeal the district school board’s adoption of specific
  109  instructional materials. Upon appeal, the district school board
  110  shall convene a public hearing to reevaluate the challenged
  111  instructional materials and determine suitability for use.
  112  Suitability includes the accuracy and appropriateness of the
  113  materials according to the evaluation criteria specified in s.
  114  1006.31. The district school board’s decision to adopt
  115  instructional materials is final unless a public appeal is
  116  timely filed. If a public appeal is timely filed, the district
  117  school board’s decision after convening the public hearing is
  118  final and not subject to further review.
  119         1. The district school board shall establish a process to
  120  allow student editions of instructional materials considered for
  121  adoption to be accessed and viewed online by the public at least
  122  20 calendar days before the public hearing and public meeting as
  123  specified in this paragraph. This process must include
  124  reasonable safeguards against the unauthorized use,
  125  reproduction, and distribution of instructional materials
  126  considered for adoption.
  127         2. The district school board shall conduct an open, noticed
  128  district school board hearing to receive public comment on and
  129  review the recommended instructional materials.
  130         3. The district school board shall hold an open, noticed
  131  public meeting to approve an annual instructional materials
  132  plan, including the adoption of instructional materials. This
  133  public meeting must be held on a different date than the public
  134  hearing.
  135         4. The notices for the public hearing and the public
  136  meeting must specifically state which instructional materials
  137  are being reviewed and the manner in which the instructional
  138  materials can be accessed for public review.
  139         (j)(i) The process by which instructional materials will be
  140  purchased, including advertising, bidding, and purchasing
  141  requirements.
  142         (k) The process by which the school district will notify
  143  parents of their ability to access their children’s textbooks
  144  and instructional materials through the district’s local
  145  instructional improvement system and by which the school
  146  district will encourage parents to access the system. This
  147  notification must be displayed prominently on the district
  148  school board’s website and provided annually in a written format
  149  to all parents of enrolled students.
  150         (7) Beginning in the 2015-2016 academic year, all adopted
  151  instructional materials for students in kindergarten through
  152  grade 12 must be available in a digital format. As used in this
  153  subsection, the term “digital format” means text-based or image
  154  based content in a form that provides the student with various
  155  interactive functions; that can be searched, tagged,
  156  distributed, and used for individualized and group learning;
  157  that includes multimedia content such as video clips, animation,
  158  and virtual reality; and that can be accessed at any time and
  159  anywhere. The term does not include electronic or computer
  160  hardware even if such hardware is bundled with software or other
  161  electronic media, nor does the term include equipment or
  162  supplies.
  163         (8)(a) The department shall publish recommended minimum
  164  technology requirements that include guidelines on the number of
  165  students per device necessary to ensure that students can access
  166  all instructional materials in digital format and specifications
  167  for hardware, software, networking, and security.
  168         (b) The department shall publish annually an official 5
  169  year schedule of subject areas to be reviewed by local school
  170  districts for each of the succeeding 5 years, to begin July 1,
  171  2014.
  172         (9) The school district shall make available upon request
  173  for public inspection sample copies of all instructional
  174  materials that have been adopted by the district school board.
  175         Section 3. Section 1006.29, Florida Statutes, is repealed.
  176         Section 4. Section 1006.30, Florida Statutes, is amended to
  177  read:
  178         1006.30 Affidavit of district state instructional materials
  179  reviewers.—Before transacting any business, each district state
  180  instructional materials reviewer shall make an affidavit, to be
  181  filed with the district school board department, that:
  182         (1) The reviewer will faithfully discharge the duties
  183  imposed upon him or her.
  184         (2) The reviewer does not have an has no interest in any
  185  publishing or manufacturing organization that produces or sells
  186  instructional materials.
  187         (3) The reviewer is not in no way connected with the
  188  distribution of the instructional materials.
  189         (4) The reviewer does not have any direct or indirect
  190  pecuniary interest in the business or profits of any person
  191  engaged in manufacturing, publishing, or selling instructional
  192  materials designed for use in the public schools.
  193         (5) The reviewer will not accept any emolument or promise
  194  of future reward of any kind from any publisher or manufacturer
  195  of instructional materials or his or her agent or anyone
  196  interested in, or intending to bias his or her judgment in any
  197  way in, the selection of any materials to be adopted.
  198         (6) The reviewer understands that it is unlawful to discuss
  199  matters relating to instructional materials submitted for
  200  adoption with any agent of a publisher or manufacturer of
  201  instructional materials, either directly or indirectly, except
  202  during the period when the publisher or manufacturer is
  203  providing a presentation for the reviewer during his or her
  204  review of the instructional materials submitted for adoption.
  205         Section 5. Section 1006.31, Florida Statutes, is amended to
  206  read:
  207         1006.31 Duties of the Department of Education and school
  208  district instructional materials reviewer.—The duties of the
  209  instructional materials reviewer are:
  210         (1) PROCEDURES.—To adhere to procedures prescribed by the
  211  department or the district for evaluating instructional
  212  materials submitted by publishers and manufacturers in each
  213  adoption. This section applies to both the state and district
  214  approval processes.
  216  carefully all instructional materials submitted, in order to
  217  ascertain which instructional materials, if any, submitted for
  218  consideration implement the selection criteria developed by the
  219  district department and those curricular objectives included
  220  within applicable performance standards provided for in s.
  221  1001.03(1).
  222         (a) When recommending instructional materials for use in
  223  the schools, each reviewer shall include only instructional
  224  materials that accurately portray the ethnic, socioeconomic,
  225  cultural, and racial diversity of our society, including men and
  226  women in professional, career, and executive roles, and the role
  227  and contributions of the entrepreneur and labor in the total
  228  development of this state and the United States.
  229         (b) When recommending instructional materials for use in
  230  the schools, each reviewer shall include only materials that
  231  accurately portray, whenever appropriate, humankind’s place in
  232  ecological systems, including the necessity for the protection
  233  of our environment and conservation of our natural resources and
  234  the effects on the human system of the use of tobacco, alcohol,
  235  controlled substances, and other dangerous substances.
  236         (c) When recommending instructional materials for use in
  237  the schools, each reviewer shall require such materials as he or
  238  she deems necessary and proper to encourage thrift, fire
  239  prevention, and humane treatment of people and animals.
  240         (d) When recommending instructional materials for use in
  241  the schools, each reviewer shall require, when appropriate to
  242  the comprehension of students, that materials for social
  243  science, history, or civics classes contain the Declaration of
  244  Independence and the Constitution of the United States. A
  245  reviewer may not recommend any instructional materials for use
  246  in the schools which contain any matter reflecting unfairly upon
  247  persons because of their race, color, creed, national origin,
  248  ancestry, gender, or occupation.
  249         (e) Any instructional materials material recommended by
  250  each reviewer for use in the schools must shall be, to the
  251  satisfaction of each reviewer, accurate, objective, balanced,
  252  noninflammatory, fact-based, and current, and suited to the
  253  needs and comprehension of students at their respective grade
  254  levels. A reviewer Reviewers shall consider for adoption
  255  materials developed for academically talented students such as
  256  those enrolled in advanced placement courses.
  257         (f) Any instructional materials containing pornography or
  258  which are otherwise prohibited under s. 847.012 may not be used
  259  or made available within a public school. When selecting
  260  instructional materials, library media, and other reading
  261  materials used in the public school system, each reviewer shall
  262  use, at a minimum, the following standards to determine the
  263  propriety of the material:
  264         1. The age of the students who normally could be expected
  265  to have access to the material.
  266         2. The educational purpose to be served by the material. In
  267  considering instructional materials for classroom use, priority
  268  shall be given to the selection of materials that encompass the
  269  performance standards provided for in s. 1001.03(1) and that
  270  include the instructional objectives contained in the course
  271  description approved by rule of the State Board of Education.
  272         3. The degree to which the material would be supplemented
  273  and explained by mature classroom instruction as part of a
  274  normal classroom instructional program.
  275         4. The consideration of the broad racial, ethnic,
  276  socioeconomic, and cultural diversity of the students of this
  277  state.
  278         (3) REPORT OF REVIEWERS.—After a thorough study of all data
  279  submitted on each instructional material, to submit an
  280  electronic report to the district school board department. The
  281  report shall be made public and must include responses to each
  282  section of the report format prescribed by the district school
  283  board department.
  284         Section 6. Section 1006.32, Florida Statutes, is amended to
  285  read:
  286         1006.32 Prohibited acts.—
  287         (1) A publisher or manufacturer of instructional material,
  288  or any representative thereof, may not offer to give any
  289  emolument, money, or other valuable thing, or any inducement, to
  290  a any district school board official or an state instructional
  291  materials reviewer to directly or indirectly introduce,
  292  recommend, vote for, or otherwise influence the adoption or
  293  purchase of any instructional materials.
  294         (2) A district school board official or an a state
  295  instructional materials reviewer may not solicit or accept any
  296  emolument, money, or other valuable thing, or any inducement, to
  297  directly or indirectly introduce, recommend, vote for, or
  298  otherwise influence the adoption or purchase of any
  299  instructional material.
  300         (3) A district school board or publisher may not
  301  participate in a pilot program of materials being considered for
  302  adoption during the 18-month period before the official adoption
  303  of the materials by the commissioner. Any pilot program during
  304  the first 2 years of the adoption period must have the prior
  305  approval of the commissioner.
  306         (4) Any publisher or manufacturer of instructional
  307  materials or representative thereof or any district school board
  308  official or state instructional materials reviewer who violates
  309  any provision of this section commits a misdemeanor of the
  310  second degree, punishable as provided in s. 775.082 or s.
  311  775.083. A Any representative of a publisher or manufacturer who
  312  violates any provision of this section, in addition to any other
  313  penalty, shall be banned from practicing business in the state
  314  for a period of 1 calendar year.
  315         (5) This section does not prohibit any publisher,
  316  manufacturer, or agent from supplying, for purposes of
  317  examination, necessary sample copies of instructional materials
  318  to any district school board official or state instructional
  319  materials reviewer.
  320         (6) This section does not prohibit a district school board
  321  official or state instructional materials reviewer from
  322  receiving sample copies of instructional materials.
  323         (7) This section does not prohibit or restrict a district
  324  school board official from receiving royalties or other
  325  compensation, other than compensation paid to him or her as
  326  commission for negotiating sales to district school boards, from
  327  the publisher or manufacturer of instructional materials
  328  written, designed, or prepared by such district school board
  329  official, and adopted by the commissioner or purchased by any
  330  district school board. A No district school board official may
  331  not shall be allowed to receive royalties on any materials not
  332  on the district-adopted state-adopted list purchased for use by
  333  his or her district school board.
  334         (8) A district school superintendent, district school board
  335  member, teacher, or other person officially connected with the
  336  government or direction of public schools may not receive during
  337  the months actually engaged in performing duties under his or
  338  her contract any private fee, gratuity, donation, or
  339  compensation, in any manner whatsoever, for promoting the sale
  340  or exchange of any instructional material, map, or chart in any
  341  public school, or be an agent for the sale of, or the publisher
  342  of, any instructional material or reference work, or have a
  343  direct or indirect pecuniary interest in the introduction of any
  344  such instructional material, and any such agency or interest
  345  shall disqualify any person so acting or interested from holding
  346  any district school board employment whatsoever, and the person
  347  commits a misdemeanor of the second degree, punishable as
  348  provided in s. 775.082 or s. 775.083; however, this subsection
  349  does not prevent the adoption of any instructional material
  350  written in whole or in part by a Florida author.
  351         Section 7. Section 1006.33, Florida Statutes, is repealed.
  352         Section 8. Section 1006.34, Florida Statutes, is repealed.
  353         Section 9. Section 1006.35, Florida Statutes, is amended to
  354  read:
  355         1006.35 Accuracy of instructional materials.—
  356         (1) In addition to relying on statements of publishers or
  357  manufacturers of instructional materials, the district school
  358  board commissioner may conduct or cause to be conducted an
  359  independent investigation to determine the accuracy of district
  360  adopted state-adopted instructional materials.
  361         (2) When errors in district-adopted state-adopted materials
  362  are confirmed, the publisher of the materials shall provide to
  363  each district school board that has purchased the materials the
  364  corrections in a format approved by the investigating district
  365  school board department.
  366         (3) The district school board commissioner may remove
  367  materials from the list of district-adopted state-adopted
  368  materials if it he or she finds that the content is in error and
  369  the publisher refuses to correct the error when notified by the
  370  district school board department.
  371         (4) The district school board commissioner may remove
  372  materials from the list of district-adopted state-adopted
  373  materials at the request of the publisher if, in the district
  374  school board’s his or her opinion, there is no material impact
  375  on the district’s and the state’s education goals.
  376         Section 10. Section 1006.36, Florida Statutes, is repealed.
  377         Section 11. Section 1006.37, Florida Statutes, is amended
  378  to read:
  379         1006.37 Requisition of instructional materials from
  380  publisher’s depository.—
  381         (1) The district school superintendent may shall
  382  requisition adopted instructional materials from the depository
  383  of the publisher with whom a contract has been made or any other
  384  vendor selling the adopted instructional materials. However, the
  385  superintendent shall requisition current instructional materials
  386  to provide each student with a textbook or other materials as a
  387  major tool of instruction in core courses of the subject areas
  388  specified in s. 1006.40(2). These materials must be
  389  requisitioned within the first 3 years of the adoption cycle,
  390  except for instructional materials related to growth of student
  391  membership or instructional materials maintenance needs. The
  392  superintendent may requisition instructional materials in the
  393  core subject areas specified in s. 1006.40(2) that are related
  394  to growth of student membership or instructional materials
  395  maintenance needs during the 3rd, 4th, 5th, and 6th years of the
  396  original contract period.
  397         (2) The district school superintendent shall verify that
  398  the requisition is complete and accurate and order the
  399  depository or vendor selling the adopted instructional materials
  400  to forward to him or her the adopted instructional materials
  401  shown by the requisition. The depository or vendor shall prepare
  402  an invoice of the materials shipped, including shipping charges,
  403  and mail it to the superintendent to whom the shipment is being
  404  made. The superintendent shall pay the depository or vendor
  405  within 60 days after receipt of the requisitioned materials from
  406  the appropriation for the purchase of adopted instructional
  407  materials.
  408         (3) A district school board or a consortium of school
  409  districts may which implements an instructional materials
  410  program pursuant to s. 1006.283 is not required to requisition
  411  instructional materials from the publisher’s depository or any
  412  other vendor selling the adopted instructional materials.
  413         Section 12. Section 1006.38, Florida Statutes, is amended
  414  to read:
  415         1006.38 Duties, responsibilities, and requirements of
  416  instructional materials publishers and manufacturers.—This
  417  section applies to both the state and district approval
  418  processes. Publishers and manufacturers of instructional
  419  materials, or their representatives, shall:
  420         (1) Comply with all provisions of this part.
  421         (2) Electronically deliver fully developed sample copies of
  422  all instructional materials upon which bids are based to the
  423  district department pursuant to procedures adopted by the
  424  district school board State Board of Education.
  425         (3) Submit, at a time designated by the district school
  426  board in s. 1006.33, the following information:
  427         (a) Detailed specifications of the physical characteristics
  428  of the instructional materials, including any software or
  429  technological tools required for use by the district, school,
  430  teachers, or students. The publisher or manufacturer shall
  431  comply with these specifications if the instructional materials
  432  are adopted and purchased in completed form.
  433         (b) Evidence that the publisher or manufacturer has
  434  provided materials that address the performance standards
  435  provided for in s. 1001.03(1) and that can be accessed through
  436  the district’s local instructional improvement system and a
  437  variety of electronic, digital, and mobile devices.
  438         (c) Evidence that the instructional materials include
  439  specific references to statewide standards in the teacher’s
  440  manual and incorporate such standards into chapter tests or the
  441  assessments.
  442         (4) Make available for purchase by any district school
  443  board any diagnostic, criterion-referenced, or other tests that
  444  they may develop.
  445         (5) Furnish the instructional materials offered by them at
  446  a price in the state which, including all costs of electronic
  447  transmission, may not exceed the lowest price at which they
  448  offer such instructional materials for adoption or sale to any
  449  state or school district in the United States.
  450         (6) Reduce automatically the price of the instructional
  451  materials to any district school board to the extent that
  452  reductions are made elsewhere in the United States.
  453         (7) Provide any instructional materials free of charge in
  454  the state to the same extent as they are provided free of charge
  455  to any state or school district in the United States.
  456         (8) Guarantee that all copies of any instructional
  457  materials sold in this state will be at least equal in quality
  458  to the copies of such instructional materials that are sold
  459  elsewhere in the United States and will be kept revised, free
  460  from all errors, and up-to-date as may be required by the
  461  department for existing contracts, or otherwise, as required by
  462  the district school board.
  463         (9) Agree that any supplementary material developed at the
  464  district or state level does not violate the author’s or
  465  publisher’s copyright, provided such material is developed in
  466  accordance with the doctrine of fair use.
  467         (10) Not in any way, directly or indirectly, become
  468  associated or connected with any combination in restraint of
  469  trade in instructional materials, nor enter into any
  470  understanding, agreement, or combination to control prices or
  471  restrict competition in the sale of instructional materials for
  472  use in the state.
  473         (11) Maintain or contract with a depository in the state.
  474         (12) For the core subject areas specified in s. 1006.40(2),
  475  maintain in the depository for the first 3 years of the contract
  476  an inventory of instructional materials sufficient to receive
  477  and fill orders.
  478         (13) For the core subject areas specified in s. 1006.40(2),
  479  ensure the availability of an inventory sufficient to receive
  480  and fill orders for instructional materials for growth,
  481  including the opening of a new school, and replacement during
  482  the 3rd and subsequent years of the original contract period.
  483         (13)(14) Accurately and fully disclose only the names of
  484  those persons who actually authored the instructional materials.
  485  In addition to the penalties provided in subsection (15) (16),
  486  the district school board commissioner may remove from the list
  487  of district-adopted state-adopted instructional materials those
  488  instructional materials whose publisher or manufacturer misleads
  489  the purchaser by falsely representing genuine authorship.
  490         (14)(15) Grant, without prior written request, for any
  491  copyright held by the publisher or its agencies automatic
  492  permission to the district school board department or its
  493  agencies for the reproduction of instructional materials and
  494  supplementary materials in Braille, large print, or other
  495  appropriate format for use by visually impaired students or
  496  other students with disabilities who that would benefit from use
  497  of the materials.
  498         (15)(16) Upon the willful failure of the publisher or
  499  manufacturer to comply with the requirements of this section, be
  500  liable to the district school board department in the amount of
  501  three times the total sum which the publisher or manufacturer
  502  was paid in excess of the price required under subsections (5)
  503  and (6) and in the amount of three times the total value of the
  504  instructional materials and services which the district school
  505  board is entitled to receive free of charge under subsection
  506  (7).
  507         Section 13. Subsections (2) and (3) of section 1006.40,
  508  Florida Statutes, are amended to read:
  509         1006.40 Use of instructional materials allocation;
  510  instructional materials, library books, and reference books;
  511  repair of books.—
  512         (2) Each district school board must purchase current
  513  instructional materials to provide each student in kindergarten
  514  through grade 12 with a major tool of instruction in core
  515  courses of the subject areas of mathematics, language arts,
  516  science, social studies, reading, and literature for
  517  kindergarten through grade 12. Such purchase must be made within
  518  the first 3 years after the effective date of the adoption
  519  cycle. For the 2012-2013 mathematics adoption, a district using
  520  a comprehensive mathematics instructional materials program
  521  adopted in the 2009-2010 adoption shall be deemed in compliance
  522  with this subsection if it provides each student with such
  523  additional state-adopted materials as may be necessary to align
  524  the previously adopted comprehensive program to common core
  525  standards and the other criteria of the 2012-2013 mathematics
  526  adoption.
  527         (3)(a)Beginning in the 2014-2015 By the 2015-2016 fiscal
  528  year, each district school board shall use at least 50 percent
  529  of the annual allocation, and may use all of the allocation, for
  530  the purchase of digital or electronic instructional materials
  531  that are consistent with district goals and objectives and the
  532  course descriptions adopted in rule by the State Board of
  533  Education, that align with the performance standards provided
  534  for in s. 1001.03(1), that meet the requirements in s. 1006.31,
  535  and that are on the district-adopted list align with state
  536  standards included on the state-adopted list, except as
  537  otherwise authorized in paragraphs (b) and (c). This section
  538  does not apply to a district school board or a consortium of
  539  school districts which implements an instructional materials
  540  program pursuant to s. 1006.283, except that by the 2015-2016
  541  fiscal year, each district school board shall use at least 50
  542  percent of the annual allocation for the purchase of digital or
  543  electronic instructional materials that align with state
  544  standards.
  545         (b) Up to 50 percent of the annual allocation may be used
  546  for the purchase of instructional materials, including library
  547  and reference books and nonprint materials, not included on the
  548  state-adopted list and for the repair and renovation of
  549  textbooks and library books.
  550         (c) District school boards may use 100 percent of that
  551  portion of the annual allocation designated for the purchase of
  552  instructional materials for kindergarten, and 75 percent of that
  553  portion of the annual allocation designated for the purchase of
  554  instructional materials for first grade, to purchase materials
  555  not on the state-adopted list.
  556         Section 14. Subsection (1) of section 1006.41, Florida
  557  Statutes, is amended to read:
  558         1006.41 Disposal of instructional materials.—
  559         (1) Instructional materials that have become unserviceable
  560  or surplus or are no longer on the district state contract may
  561  be disposed of, under adopted rule of the district school board,
  562  by:
  563         (a) Giving or lending the materials to other public
  564  education programs within the district or state, to the teachers
  565  to use in developing supplementary teaching materials, to
  566  students or others, or to any charitable organization,
  567  governmental agency, home education students, private school, or
  568  state.
  569         (b) Selling the materials to used book dealers, recycling
  570  plants, pulp mills, or other persons, firms, or corporations
  571  upon such terms as are most economically advantageous to the
  572  district school board.
  573         Section 15. Paragraph (j) of subsection (2) of section
  574  1003.621, Florida Statutes, is amended to read:
  575         1003.621 Academically high-performing school districts.—It
  576  is the intent of the Legislature to recognize and reward school
  577  districts that demonstrate the ability to consistently maintain
  578  or improve their high-performing status. The purpose of this
  579  section is to provide high-performing school districts with
  580  flexibility in meeting the specific requirements in statute and
  581  rules of the State Board of Education.
  582         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
  583  high-performing school district shall comply with all of the
  584  provisions in chapters 1000-1013, and rules of the State Board
  585  of Education which implement these provisions, pertaining to the
  586  following:
  587         (j) Those statutes relating to instructional materials,
  588  except that s. 1006.37, relating to the requisition of state
  589  adopted materials from the depository under contract with the
  590  publisher, and s. 1006.40(3)(a), relating to the use of 50
  591  percent of the instructional materials allocation, shall be
  592  eligible for exemption.
  593         Section 16. Section 1006.282, Florida Statutes, is amended
  594  to read:
  595         1006.282 Pilot program for the transition to electronic and
  596  digital instructional materials.—
  597         (1) A district school board may designate pilot program
  598  schools to implement the transition to instructional materials
  599  that are in an electronic or a digital format as defined in s.
  600  1006.283 s. 1006.29(3).
  601         (2) A district school board may designate pilot program
  602  schools if the school district:
  603         (a) Implements a local instructional improvement system
  604  pursuant to s. 1006.281 which enables district staff to plan,
  605  create, and manage professional development and to connect
  606  professional development with staff information and student
  607  performance, provides the ability to seamlessly connect the
  608  system to electronic and digital instructional materials and the
  609  instructional materials to student assessment data, and includes
  610  the minimum standards published by the Department of Education.
  611         (b) Requests only the electronic or digital format of the
  612  sample copies of instructional materials submitted pursuant to
  613  s. 1006.283 s. 1006.33.
  614         (c) Uses at least 50 percent of the pilot program school’s
  615  annual allocation from the district for the purchase of
  616  electronic or digital instructional materials included on the
  617  district-adopted state-adopted list.
  618         (3) A school designated as a pilot program school by the
  619  school board is exempt from:
  620         (a) Section 1006.40(2), if the school provides
  621  comprehensive electronic or digital instructional materials to
  622  all students; and
  623         (b) Section 1006.37.
  624         (4) By August 1 of each year, beginning in 2011, the school
  625  board must report to the Department of Education the school or
  626  schools in its district which have been designated as pilot
  627  program schools. The department shall publish the list of pilot
  628  program schools on the department’s Internet website. The report
  629  must include:
  630         (a) The name of the pilot program school, the contact
  631  person and contact person information, and the grade or grades
  632  and associated course or courses included in the pilot program
  633  school.
  634         (b) A description of the type of technological tool or
  635  tools that will be used to access the electronic or digital
  636  instructional materials included in the pilot program school,
  637  whether district-owned or student-owned.
  638         (c) The projected costs and funding sources, which must
  639  include cost savings or cost avoidances, associated with the
  640  pilot program.
  641         (5) By September 1 of each year, beginning in 2012, each
  642  school board that has a designated pilot program school shall
  643  provide to the Department of Education, the Executive Office of
  644  the Governor, and the chairs of the appropriations committees of
  645  the Senate and the House of Representatives a review of the
  646  pilot program schools which must include, but need not be
  647  limited to:
  648         (a) Successful practices;
  649         (b) The average amount of online Internet time needed by a
  650  student to access and use the school’s electronic or digital
  651  instructional materials;
  652         (c) Lessons learned;
  653         (d) The level of investment and cost-effectiveness; and
  654         (e) Impacts on student performance.
  655         Section 17. Section 1010.82, Florida Statutes, is amended
  656  to read:
  657         1010.82 Textbook Bid Trust Fund.—Chapter 99-36, Laws of
  658  Florida, re-created the Textbook Bid Trust Fund to record the
  659  revenue and disbursements of textbook bid performance deposits
  660  submitted to the Department of Education as required in s.
  661  1006.33.
  662         Section 18. This act shall take effect July 1, 2014.
  664  ================= T I T L E  A M E N D M E N T ================
  665  And the title is amended as follows:
  666         Delete everything before the enacting clause
  667  and insert:
  668                        A bill to be entitled                      
  669         An act relating to instructional materials for K-12
  670         public education; amending s. 1006.28, F.S.; providing
  671         that the district school board has the constitutional
  672         duty and responsibility to select and provide adequate
  673         instructional materials for all students; redefining
  674         the term “adequate instructional materials”; amending
  675         s. 1006.283, F.S.; requiring a district school board
  676         or consortium of school districts to implement an
  677         instructional materials program; including criteria
  678         for the review and recommendation of instructional
  679         materials, the process by which instructional
  680         materials are adopted, and the process by which a
  681         school district will notify parents of their ability
  682         to access their children’s instructional materials in
  683         the list of the subjects that must be addressed by
  684         rule of the district school board; requiring adopted
  685         instructional materials to be provided in digital
  686         format; defining the term “digital format”; requiring
  687         the Department of Education to publish minimum,
  688         recommended technology requirements; requiring the
  689         Department of Education to publish annually a 5-year
  690         schedule of subject areas to be reviewed by local
  691         school districts, to begin by a specified date;
  692         requiring the district to make available, upon
  693         request, sample copies of its adopted instructional
  694         materials; repealing s. 1006.29, F.S., relating to
  695         state instructional materials reviewers; amending s.
  696         1006.30, F.S.; requiring each district instructional
  697         materials reviewer to file an affidavit with the
  698         district school board, rather than the department;
  699         amending s. 1006.31, F.S.; deleting references to the
  700         Department of Education regarding the duties of
  701         instructional materials reviewers; revising the
  702         evaluation procedure for instructional materials;
  703         amending s. 1006.32, F.S.; conforming provisions to
  704         changes made by the act; repealing s. 1006.33, F.S.,
  705         relating to bids, proposals, and advertisement
  706         regarding the adoption of instructional materials;
  707         repealing s. 1006.34, F.S., relating to powers and
  708         duties of the Commissioner of Education and the
  709         department in selecting and adopting instructional
  710         materials; amending s. 1006.35, F.S.; requiring the
  711         district school board, rather than the commissioner,
  712         to conduct an independent investigation to determine
  713         the accuracy of district-adopted instructional
  714         materials; authorizing the district school board,
  715         rather than the commissioner, to remove materials from
  716         the list of district-adopted materials under certain
  717         circumstances; repealing s. 1006.36, F.S., relating to
  718         the term of adoption for instructional materials;
  719         amending s. 1006.37, F.S.; authorizing, rather than
  720         requiring, the district school superintendent to
  721         requisition adopted instructional materials from the
  722         depository of a publisher with whom a contract has
  723         been made or any other vendor selling the adopted
  724         instructional materials; deleting provisions regarding
  725         the superintendent’s requisition of instructional
  726         materials; conforming provisions to changes made by
  727         the act; authorizing a district school board or a
  728         consortium of school districts to requisition
  729         instructional materials from the publisher’s
  730         depository or any other vendor selling adopted
  731         instructional materials; amending s. 1006.38, F.S.;
  732         conforming provisions to changes made by the act;
  733         revising the duties, responsibilities, and
  734         requirements of instructional materials publishers and
  735         manufacturers; amending s. 1006.40, F.S.; deleting
  736         provisions regarding the adoption of instructional
  737         materials for certain core courses in the subject area
  738         of mathematics; allowing each district school board to
  739         use all of the annual allocation for the purchase of
  740         digital, rather than electronic, instructional
  741         materials that meet certain goals, objectives, and
  742         requirements; deleting provisions regarding the use of
  743         the district’s annual allocation for the purchase of
  744         instructional materials; amending s. 1006.41, F.S.;
  745         conforming provisions to changes made by the act;
  746         amending ss. 1003.621, 1006.282, and 1010.82, F.S.;
  747         conforming cross-references; providing an effective
  748         date.