Florida Senate - 2014 CS for SB 864
By the Committee on Governmental Oversight and Accountability;
and Senators Hays, Benacquisto, and Negron
585-03270-14 2014864c1
1 A bill to be entitled
2 An act relating to instructional materials for K-12
3 public education; amending s. 1006.28, F.S.; providing
4 that the district school board has the constitutional
5 duty and responsibility to select and provide adequate
6 instructional materials for all students; redefining
7 the term “adequate instructional materials”; amending
8 s. 1006.283, F.S.; requiring a district school board
9 or consortium of school districts to implement an
10 instructional materials program; including criteria
11 for the review and recommendation of instructional
12 materials, the process by which instructional
13 materials are adopted, and the process by which a
14 school district will notify parents of their ability
15 to access their children’s instructional materials in
16 the list of the subjects that must be addressed by
17 rule of the district school board; requiring adopted
18 instructional materials to be provided in digital
19 format; defining the term “digital format”; requiring
20 the Department of Education to publish minimum,
21 recommended technology requirements; requiring the
22 Department of Education to publish annually a 5-year
23 schedule of subject areas to be reviewed by local
24 school districts, to begin by a specified date;
25 requiring the district to make available, upon
26 request, sample copies of its adopted instructional
27 materials; repealing s. 1006.29, F.S., relating to
28 state instructional materials reviewers; amending s.
29 1006.30, F.S.; requiring each district instructional
30 materials reviewer to file an affidavit with the
31 district school board, rather than the department;
32 amending s. 1006.31, F.S.; deleting references to the
33 Department of Education regarding the duties of
34 instructional materials reviewers; revising the
35 evaluation procedure for instructional materials;
36 amending s. 1006.32, F.S.; conforming provisions to
37 changes made by the act; deleting references to the
38 Commissioner of Education regarding a pilot program
39 and the adoption of instructional materials; repealing
40 s. 1006.33, F.S., relating to bids, proposals, and
41 advertisement regarding the adoption of instructional
42 materials; repealing s. 1006.34, F.S., relating to
43 powers and duties of the Commissioner of Education and
44 the department in selecting and adopting instructional
45 materials; amending s. 1006.35, F.S.; requiring the
46 district school board, rather than the commissioner,
47 to conduct an independent investigation to determine
48 the accuracy of district-adopted instructional
49 materials; authorizing the district school board,
50 rather than the commissioner, to remove materials from
51 the list of district-adopted materials under certain
52 circumstances; repealing s. 1006.36, F.S., relating to
53 the term of adoption for instructional materials;
54 amending s. 1006.37, F.S.; authorizing, rather than
55 requiring, the district school superintendent to
56 requisition adopted instructional materials from the
57 depository of a publisher with whom a contract has
58 been made or any other vendor selling the adopted
59 instructional materials; deleting provisions regarding
60 the superintendent’s requisition of instructional
61 materials; conforming provisions to changes made by
62 the act; authorizing a district school board or a
63 consortium of school districts to requisition
64 instructional materials from the publisher’s
65 depository or any other vendor selling adopted
66 instructional materials; amending s. 1006.38, F.S.;
67 conforming provisions to changes made by the act;
68 revising the duties, responsibilities, and
69 requirements of instructional materials publishers and
70 manufacturers; amending s. 1006.40, F.S.; deleting
71 provisions regarding the adoption of instructional
72 materials for certain core courses in the subject area
73 of mathematics; allowing each district school board to
74 use all of the annual allocation for the purchase of
75 digital, rather than electronic, instructional
76 materials that meet certain goals, objectives, and
77 requirements; deleting provisions regarding the use of
78 the district’s annual allocation for the purchase of
79 instructional materials; amending s. 1006.41, F.S.;
80 conforming provisions to changes made by the act;
81 amending ss. 1003.621, 1006.282, and 1010.82, F.S.;
82 conforming cross-references; providing an effective
83 date.
84
85 Be It Enacted by the Legislature of the State of Florida:
86
87 Section 1. Subsection (1) of section 1006.28, Florida
88 Statutes, is amended to read:
89 1006.28 Duties of district school board, district school
90 superintendent; and school principal regarding K-12
91 instructional materials.—
92 (1) DISTRICT SCHOOL BOARD.—The district school board has
93 the constitutional duty and responsibility to select and provide
94 adequate instructional materials for all students in accordance
95 with the requirements of this part. The term “adequate
96 instructional materials” means a sufficient number of student or
97 site licenses or sets of materials that are available in bound,
98 unbound, kit, or package form and may consist of hardbacked or
99 softbacked textbooks, electronic content, consumables, learning
100 laboratories, manipulatives, and electronic media, and computer
101 courseware, or software, or applications that serve as the basis
102 for instruction for each student in the core courses of
103 mathematics, language arts, social studies, science, reading,
104 and literature. The district school board has the following
105 specific duties and responsibilities:
106 (a) Courses of study; adoption.—Adopt courses of study for
107 use in the schools of the district.
108 (b) Instructional materials.—Provide for proper
109 requisitioning, distribution, accounting, storage, care, and use
110 of all instructional materials and furnish such other
111 instructional materials as may be needed. The district school
112 board shall ensure that instructional materials used in the
113 district are consistent with the district goals and objectives
114 and the course descriptions established in rule of the State
115 Board of Education, as well as with the state and district
116 performance standards provided for in s. 1001.03(1).
117 (c) Other instructional materials.—Provide such other
118 teaching accessories and aids as are needed for the school
119 district’s educational program.
120 (d) School library media services; establishment and
121 maintenance.—Establish and maintain a program of school library
122 media services for all public schools in the district, including
123 school library media centers, or school library media centers
124 open to the public, and, in addition such traveling or
125 circulating libraries as may be needed for the proper operation
126 of the district school system.
127 Section 2. Subsections (1) and (2) of section 1006.283,
128 Florida Statutes, are amended, and subsections (7), (8), and (9)
129 are added to that section, to read:
130 1006.283 District school board instructional materials
131 review process.—
132 (1) A district school board or consortium of school
133 districts shall may implement an instructional materials program
134 that includes the review, approval, adoption, and purchase of
135 instructional materials. Beginning in the 2013-2014 school year,
136 The district school superintendent shall certify to the
137 department by March 31 of each year that all instructional
138 materials for core courses used by the district are aligned with
139 applicable state standards. Included in the certification shall
140 be A list of the core instructional materials that will be used
141 or purchased for use by the school district shall be included in
142 the certification.
143 (2) The district school board shall adopt rules
144 implementing the district’s instructional materials program
145 which must include, but need not be limited to:
146 (a) Criteria for the review and recommendation of
147 instructional materials, including a thorough review of
148 curriculum content. The district shall establish a local
149 instructional materials review committee to review and recommend
150 instructional materials to the district school board for final
151 adoption. A district may enter into an agreement with other
152 districts to combine their local instructional materials review
153 committees into one super committee. A local instructional
154 materials review committee shall consist of the following
155 members, appointed as follows:
156 1. Each district school board member shall appoint one
157 person who has subject area expertise in science, mathematics,
158 language arts, social studies, or career or technical studies
159 and who is not employed by the district.
160 2. The superintendent shall appoint a number of classroom
161 teachers equal to the number of district school board members.
162 The selection of classroom teachers shall be representative of
163 the subject areas and grade levels of the instructional
164 materials being considered for adoption.
165 3. The district school board and the superintendent shall
166 each appoint at least one parent of a student who is currently
167 enrolled in a public school in the district Its review and
168 purchase process.
169 (b) Identification, by subject area, of a review cycle for
170 instructional materials.
171 (c) The duties and qualifications of the instructional
172 materials reviewers.
173 (d) The requirements for an affidavit made by each a
174 district instructional materials reviewer which substantially
175 meets includes the requirements of s. 1006.30.
176 (e) Compliance with s. 1006.32, relating to prohibited
177 acts.
178 (f) A process for the district school board to determine
179 and certify that certifies the accuracy of district-adopted
180 instructional materials.
181 (g) The incorporation of applicable requirements of s.
182 1006.31, which relates to the duties of instructional materials
183 reviewers.
184 (h) The incorporation of applicable requirements of s.
185 1006.38, relating to the duties, responsibilities, and
186 requirements of publishers of instructional materials.
187 (i) The process by which instructional materials are
188 adopted by the district school board. The process must allow the
189 public, within 15 days after district school board adoption, to
190 appeal the district school board’s adoption of specific
191 instructional materials. Upon appeal, the district school board
192 shall convene a public hearing to reevaluate the challenged
193 instructional materials and determine suitability for use.
194 Suitability includes the accuracy and appropriateness of the
195 materials according to the evaluation criteria specified in s.
196 1006.31. The district school board’s decision to adopt
197 instructional materials is final unless a public appeal is
198 timely filed. If a public appeal is timely filed, the district
199 school board’s decision after convening the public hearing is
200 final and not subject to further review.
201 1. The district school board shall establish a process to
202 allow student editions of instructional materials considered for
203 adoption to be accessed and viewed online by the public at least
204 20 calendar days before the public hearing and public meeting as
205 specified in this paragraph. This process must include
206 reasonable safeguards against the unauthorized use,
207 reproduction, and distribution of instructional materials
208 considered for adoption.
209 2. The district school board shall conduct an open, noticed
210 district school board hearing to receive public comment on and
211 review the recommended instructional materials.
212 3. The district school board shall hold an open, noticed
213 public meeting to approve an annual instructional materials
214 plan, including the adoption of instructional materials. This
215 public meeting must be held on a different date than the public
216 hearing.
217 4. The notices for the public hearing and the public
218 meeting must specifically state which instructional materials
219 are being reviewed and the manner in which the instructional
220 materials can be accessed for public review.
221 (j)(i) The process by which instructional materials will be
222 purchased, including advertising, bidding, and purchasing
223 requirements.
224 (k) The process by which the school district will notify
225 parents of their ability to access their children’s textbooks
226 and instructional materials through the district’s local
227 instructional improvement system and by which the school
228 district will encourage parents to access the system. This
229 notification must be displayed prominently on the district
230 school board’s website and provided annually in a written format
231 to all parents of enrolled students.
232 (7) Beginning in the 2015-2016 academic year, all adopted
233 instructional materials for students in kindergarten through
234 grade 12 must be available in a digital format. As used in this
235 subsection, the term “digital format” means text-based or image
236 based content in a form that provides the student with various
237 interactive functions; that can be searched, tagged,
238 distributed, and used for individualized and group learning;
239 that includes multimedia content such as video clips, animation,
240 and virtual reality; and that can be accessed at any time and
241 anywhere. The term does not include electronic or computer
242 hardware even if such hardware is bundled with software or other
243 electronic media, nor does the term include equipment or
244 supplies.
245 (8)(a) The department shall publish recommended minimum
246 technology requirements that include guidelines on the number of
247 students per device necessary to ensure that students can access
248 all instructional materials in digital format and specifications
249 for hardware, software, networking, and security.
250 (b) The department shall publish annually an official 5
251 year schedule of subject areas to be reviewed by local school
252 districts for each of the succeeding 5 years, to begin July 1,
253 2014.
254 (9) The school district shall make available upon request
255 for public inspection sample copies of all instructional
256 materials that have been adopted by the district school board.
257 Section 3. Section 1006.29, Florida Statutes, is repealed.
258 Section 4. Section 1006.30, Florida Statutes, is amended to
259 read:
260 1006.30 Affidavit of district state instructional materials
261 reviewers.—Before transacting any business, each district state
262 instructional materials reviewer shall make an affidavit, to be
263 filed with the district school board department, that:
264 (1) The reviewer will faithfully discharge the duties
265 imposed upon him or her.
266 (2) The reviewer does not have an has no interest in any
267 publishing or manufacturing organization that produces or sells
268 instructional materials.
269 (3) The reviewer is not in no way connected with the
270 distribution of the instructional materials.
271 (4) The reviewer does not have any direct or indirect
272 pecuniary interest in the business or profits of any person
273 engaged in manufacturing, publishing, or selling instructional
274 materials designed for use in the public schools.
275 (5) The reviewer will not accept any emolument or promise
276 of future reward of any kind from any publisher or manufacturer
277 of instructional materials or his or her agent or anyone
278 interested in, or intending to bias his or her judgment in any
279 way in, the selection of any materials to be adopted.
280 (6) The reviewer understands that it is unlawful to discuss
281 matters relating to instructional materials submitted for
282 adoption with any agent of a publisher or manufacturer of
283 instructional materials, either directly or indirectly, except
284 during the period when the publisher or manufacturer is
285 providing a presentation for the reviewer during his or her
286 review of the instructional materials submitted for adoption.
287 Section 5. Section 1006.31, Florida Statutes, is amended to
288 read:
289 1006.31 Duties of the Department of Education and school
290 district instructional materials reviewer.—The duties of the
291 instructional materials reviewer are:
292 (1) PROCEDURES.—To adhere to procedures prescribed by the
293 department or the district for evaluating instructional
294 materials submitted by publishers and manufacturers in each
295 adoption. This section applies to both the state and district
296 approval processes.
297 (2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To evaluate
298 carefully all instructional materials submitted, in order to
299 ascertain which instructional materials, if any, submitted for
300 consideration implement the selection criteria developed by the
301 district department and those curricular objectives included
302 within applicable performance standards provided for in s.
303 1001.03(1).
304 (a) When recommending instructional materials for use in
305 the schools, each reviewer shall include only instructional
306 materials that accurately portray the ethnic, socioeconomic,
307 cultural, and racial diversity of our society, including men and
308 women in professional, career, and executive roles, and the role
309 and contributions of the entrepreneur and labor in the total
310 development of this state and the United States.
311 (b) When recommending instructional materials for use in
312 the schools, each reviewer shall include only materials that
313 accurately portray, whenever appropriate, humankind’s place in
314 ecological systems, including the necessity for the protection
315 of our environment and conservation of our natural resources and
316 the effects on the human system of the use of tobacco, alcohol,
317 controlled substances, and other dangerous substances.
318 (c) When recommending instructional materials for use in
319 the schools, each reviewer shall require such materials as he or
320 she deems necessary and proper to encourage thrift, fire
321 prevention, and humane treatment of people and animals.
322 (d) When recommending instructional materials for use in
323 the schools, each reviewer shall require, when appropriate to
324 the comprehension of students, that materials for social
325 science, history, or civics classes contain the Declaration of
326 Independence and the Constitution of the United States. A
327 reviewer may not recommend any instructional materials for use
328 in the schools which contain any matter reflecting unfairly upon
329 persons because of their race, color, creed, national origin,
330 ancestry, gender, or occupation.
331 (e) Any instructional materials material recommended by
332 each reviewer for use in the schools must shall be, to the
333 satisfaction of each reviewer, accurate, objective, balanced,
334 noninflammatory, fact-based, and current, and suited to the
335 needs and comprehension of students at their respective grade
336 levels. A reviewer Reviewers shall consider for adoption
337 materials developed for academically talented students such as
338 those enrolled in advanced placement courses.
339 (f) Any instructional materials containing pornography or
340 which are otherwise prohibited under s. 847.012 may not be used
341 or made available within a public school. When selecting
342 instructional materials, library media, and other reading
343 materials used in the public school system, each reviewer shall
344 use, at a minimum, the following standards to determine the
345 propriety of the material:
346 1. The age of the students who normally could be expected
347 to have access to the material.
348 2. The educational purpose to be served by the material. In
349 considering instructional materials for classroom use, priority
350 shall be given to the selection of materials that encompass the
351 performance standards provided for in s. 1001.03(1) and that
352 include the instructional objectives contained in the course
353 description approved by rule of the State Board of Education.
354 3. The degree to which the material would be supplemented
355 and explained by mature classroom instruction as part of a
356 normal classroom instructional program.
357 4. The consideration of the broad racial, ethnic,
358 socioeconomic, and cultural diversity of the students of this
359 state.
360 (3) REPORT OF REVIEWERS.—After a thorough study of all data
361 submitted on each instructional material, to submit an
362 electronic report to the district school board department. The
363 report shall be made public and must include responses to each
364 section of the report format prescribed by the district school
365 board department.
366 Section 6. Section 1006.32, Florida Statutes, is amended to
367 read:
368 1006.32 Prohibited acts.—
369 (1) A publisher or manufacturer of instructional material,
370 or any representative thereof, may not offer to give any
371 emolument, money, or other valuable thing, or any inducement, to
372 a any district school board official or an state instructional
373 materials reviewer to directly or indirectly introduce,
374 recommend, vote for, or otherwise influence the adoption or
375 purchase of any instructional materials.
376 (2) A district school board official or an a state
377 instructional materials reviewer may not solicit or accept any
378 emolument, money, or other valuable thing, or any inducement, to
379 directly or indirectly introduce, recommend, vote for, or
380 otherwise influence the adoption or purchase of any
381 instructional material.
382 (3) A district school board or publisher may not
383 participate in a pilot program of materials being considered for
384 adoption during the 18-month period before the official adoption
385 of the materials by the commissioner. Any pilot program during
386 the first 2 years of the adoption period must have the prior
387 approval of the commissioner.
388 (4) Any publisher or manufacturer of instructional
389 materials or representative thereof or any district school board
390 official or state instructional materials reviewer who violates
391 any provision of this section commits a misdemeanor of the
392 second degree, punishable as provided in s. 775.082 or s.
393 775.083. A Any representative of a publisher or manufacturer who
394 violates any provision of this section, in addition to any other
395 penalty, shall be banned from practicing business in the state
396 for a period of 1 calendar year.
397 (5) This section does not prohibit any publisher,
398 manufacturer, or agent from supplying, for purposes of
399 examination, necessary sample copies of instructional materials
400 to any district school board official or state instructional
401 materials reviewer.
402 (6) This section does not prohibit a district school board
403 official or state instructional materials reviewer from
404 receiving sample copies of instructional materials.
405 (7) This section does not prohibit or restrict a district
406 school board official from receiving royalties or other
407 compensation, other than compensation paid to him or her as
408 commission for negotiating sales to district school boards, from
409 the publisher or manufacturer of instructional materials
410 written, designed, or prepared by such district school board
411 official, and adopted by the commissioner or purchased by any
412 district school board. A No district school board official may
413 not shall be allowed to receive royalties on any materials not
414 on the district-adopted state-adopted list purchased for use by
415 his or her district school board.
416 (8) A district school superintendent, district school board
417 member, teacher, or other person officially connected with the
418 government or direction of public schools may not receive during
419 the months actually engaged in performing duties under his or
420 her contract any private fee, gratuity, donation, or
421 compensation, in any manner whatsoever, for promoting the sale
422 or exchange of any instructional material, map, or chart in any
423 public school, or be an agent for the sale of, or the publisher
424 of, any instructional material or reference work, or have a
425 direct or indirect pecuniary interest in the introduction of any
426 such instructional material, and any such agency or interest
427 shall disqualify any person so acting or interested from holding
428 any district school board employment whatsoever, and the person
429 commits a misdemeanor of the second degree, punishable as
430 provided in s. 775.082 or s. 775.083; however, this subsection
431 does not prevent the adoption of any instructional material
432 written in whole or in part by a Florida author.
433 Section 7. Section 1006.33, Florida Statutes, is repealed.
434 Section 8. Section 1006.34, Florida Statutes, is repealed.
435 Section 9. Section 1006.35, Florida Statutes, is amended to
436 read:
437 1006.35 Accuracy of instructional materials.—
438 (1) In addition to relying on statements of publishers or
439 manufacturers of instructional materials, the district school
440 board commissioner may conduct or cause to be conducted an
441 independent investigation to determine the accuracy of district
442 adopted state-adopted instructional materials.
443 (2) When errors in district-adopted state-adopted materials
444 are confirmed, the publisher of the materials shall provide to
445 each district school board that has purchased the materials the
446 corrections in a format approved by the investigating district
447 school board department.
448 (3) The district school board commissioner may remove
449 materials from the list of district-adopted state-adopted
450 materials if it he or she finds that the content is in error and
451 the publisher refuses to correct the error when notified by the
452 district school board department.
453 (4) The district school board commissioner may remove
454 materials from the list of district-adopted state-adopted
455 materials at the request of the publisher if, in the district
456 school board’s his or her opinion, there is no material impact
457 on the district’s and the state’s education goals.
458 Section 10. Section 1006.36, Florida Statutes, is repealed.
459 Section 11. Section 1006.37, Florida Statutes, is amended
460 to read:
461 1006.37 Requisition of instructional materials from
462 publisher’s depository.—
463 (1) The district school superintendent may shall
464 requisition adopted instructional materials from the depository
465 of the publisher with whom a contract has been made or any other
466 vendor selling the adopted instructional materials. However, the
467 superintendent shall requisition current instructional materials
468 to provide each student with a textbook or other materials as a
469 major tool of instruction in core courses of the subject areas
470 specified in s. 1006.40(2). These materials must be
471 requisitioned within the first 3 years of the adoption cycle,
472 except for instructional materials related to growth of student
473 membership or instructional materials maintenance needs. The
474 superintendent may requisition instructional materials in the
475 core subject areas specified in s. 1006.40(2) that are related
476 to growth of student membership or instructional materials
477 maintenance needs during the 3rd, 4th, 5th, and 6th years of the
478 original contract period.
479 (2) The district school superintendent shall verify that
480 the requisition is complete and accurate and order the
481 depository or vendor selling the adopted instructional materials
482 to forward to him or her the adopted instructional materials
483 shown by the requisition. The depository or vendor shall prepare
484 an invoice of the materials shipped, including shipping charges,
485 and mail it to the superintendent to whom the shipment is being
486 made. The superintendent shall pay the depository or vendor
487 within 60 days after receipt of the requisitioned materials from
488 the appropriation for the purchase of adopted instructional
489 materials.
490 (3) A district school board or a consortium of school
491 districts may which implements an instructional materials
492 program pursuant to s. 1006.283 is not required to requisition
493 instructional materials from the publisher’s depository or any
494 other vendor selling the adopted instructional materials.
495 Section 12. Section 1006.38, Florida Statutes, is amended
496 to read:
497 1006.38 Duties, responsibilities, and requirements of
498 instructional materials publishers and manufacturers.—This
499 section applies to both the state and district approval
500 processes. Publishers and manufacturers of instructional
501 materials, or their representatives, shall:
502 (1) Comply with all provisions of this part.
503 (2) Electronically deliver fully developed sample copies of
504 all instructional materials upon which bids are based to the
505 district department pursuant to procedures adopted by the
506 district school board State Board of Education.
507 (3) Submit, at a time designated by the district school
508 board in s. 1006.33, the following information:
509 (a) Detailed specifications of the physical characteristics
510 of the instructional materials, including any software or
511 technological tools required for use by the district, school,
512 teachers, or students. The publisher or manufacturer shall
513 comply with these specifications if the instructional materials
514 are adopted and purchased in completed form.
515 (b) Evidence that the publisher or manufacturer has
516 provided materials that address the performance standards
517 provided for in s. 1001.03(1) and that can be accessed through
518 the district’s local instructional improvement system and a
519 variety of electronic, digital, and mobile devices.
520 (c) Evidence that the instructional materials include
521 specific references to statewide standards in the teacher’s
522 manual and incorporate such standards into chapter tests or the
523 assessments.
524 (4) Make available for purchase by any district school
525 board any diagnostic, criterion-referenced, or other tests that
526 they may develop.
527 (5) Furnish the instructional materials offered by them at
528 a price in the state which, including all costs of electronic
529 transmission, may not exceed the lowest price at which they
530 offer such instructional materials for adoption or sale to any
531 state or school district in the United States.
532 (6) Reduce automatically the price of the instructional
533 materials to any district school board to the extent that
534 reductions are made elsewhere in the United States.
535 (7) Provide any instructional materials free of charge in
536 the state to the same extent as they are provided free of charge
537 to any state or school district in the United States.
538 (8) Guarantee that all copies of any instructional
539 materials sold in this state will be at least equal in quality
540 to the copies of such instructional materials that are sold
541 elsewhere in the United States and will be kept revised, free
542 from all errors, and up-to-date as may be required by the
543 department for existing contracts, or otherwise, as required by
544 the district school board.
545 (9) Agree that any supplementary material developed at the
546 district or state level does not violate the author’s or
547 publisher’s copyright, provided such material is developed in
548 accordance with the doctrine of fair use.
549 (10) Not in any way, directly or indirectly, become
550 associated or connected with any combination in restraint of
551 trade in instructional materials, nor enter into any
552 understanding, agreement, or combination to control prices or
553 restrict competition in the sale of instructional materials for
554 use in the state.
555 (11) Maintain or contract with a depository in the state.
556 (12) For the core subject areas specified in s. 1006.40(2),
557 maintain in the depository for the first 3 years of the contract
558 an inventory of instructional materials sufficient to receive
559 and fill orders.
560 (13) For the core subject areas specified in s. 1006.40(2),
561 ensure the availability of an inventory sufficient to receive
562 and fill orders for instructional materials for growth,
563 including the opening of a new school, and replacement during
564 the 3rd and subsequent years of the original contract period.
565 (13)(14) Accurately and fully disclose only the names of
566 those persons who actually authored the instructional materials.
567 In addition to the penalties provided in subsection (15) (16),
568 the district school board commissioner may remove from the list
569 of district-adopted state-adopted instructional materials those
570 instructional materials whose publisher or manufacturer misleads
571 the purchaser by falsely representing genuine authorship.
572 (14)(15) Grant, without prior written request, for any
573 copyright held by the publisher or its agencies automatic
574 permission to the district school board department or its
575 agencies for the reproduction of instructional materials and
576 supplementary materials in Braille, large print, or other
577 appropriate format for use by visually impaired students or
578 other students with disabilities who that would benefit from use
579 of the materials.
580 (15)(16) Upon the willful failure of the publisher or
581 manufacturer to comply with the requirements of this section, be
582 liable to the district school board department in the amount of
583 three times the total sum which the publisher or manufacturer
584 was paid in excess of the price required under subsections (5)
585 and (6) and in the amount of three times the total value of the
586 instructional materials and services which the district school
587 board is entitled to receive free of charge under subsection
588 (7).
589 Section 13. Subsections (2) and (3) of section 1006.40,
590 Florida Statutes, are amended to read:
591 1006.40 Use of instructional materials allocation;
592 instructional materials, library books, and reference books;
593 repair of books.—
594 (2) Each district school board must purchase current
595 instructional materials to provide each student in kindergarten
596 through grade 12 with a major tool of instruction in core
597 courses of the subject areas of mathematics, language arts,
598 science, social studies, reading, and literature for
599 kindergarten through grade 12. Such purchase must be made within
600 the first 3 years after the effective date of the adoption
601 cycle. For the 2012-2013 mathematics adoption, a district using
602 a comprehensive mathematics instructional materials program
603 adopted in the 2009-2010 adoption shall be deemed in compliance
604 with this subsection if it provides each student with such
605 additional state-adopted materials as may be necessary to align
606 the previously adopted comprehensive program to common core
607 standards and the other criteria of the 2012-2013 mathematics
608 adoption.
609 (3)(a) Beginning in the 2014-2015 By the 2015-2016 fiscal
610 year, each district school board shall use at least 50 percent
611 of the annual allocation, and may use all of the allocation, for
612 the purchase of digital or electronic instructional materials
613 that are consistent with district goals and objectives and the
614 course descriptions adopted in rule by the State Board of
615 Education, that align with the performance standards provided
616 for in s. 1001.03(1), that meet the requirements in s. 1006.31,
617 and that are on the district-adopted list align with state
618 standards included on the state-adopted list, except as
619 otherwise authorized in paragraphs (b) and (c). This section
620 does not apply to a district school board or a consortium of
621 school districts which implements an instructional materials
622 program pursuant to s. 1006.283, except that by the 2015-2016
623 fiscal year, each district school board shall use at least 50
624 percent of the annual allocation for the purchase of digital or
625 electronic instructional materials that align with state
626 standards.
627 (b) Up to 50 percent of the annual allocation may be used
628 for the purchase of instructional materials, including library
629 and reference books and nonprint materials, not included on the
630 state-adopted list and for the repair and renovation of
631 textbooks and library books.
632 (c) District school boards may use 100 percent of that
633 portion of the annual allocation designated for the purchase of
634 instructional materials for kindergarten, and 75 percent of that
635 portion of the annual allocation designated for the purchase of
636 instructional materials for first grade, to purchase materials
637 not on the state-adopted list.
638 Section 14. Subsection (1) of section 1006.41, Florida
639 Statutes, is amended to read:
640 1006.41 Disposal of instructional materials.—
641 (1) Instructional materials that have become unserviceable
642 or surplus or are no longer on the district state contract may
643 be disposed of, under adopted rule of the district school board,
644 by:
645 (a) Giving or lending the materials to other public
646 education programs within the district or state, to the teachers
647 to use in developing supplementary teaching materials, to
648 students or others, or to any charitable organization,
649 governmental agency, home education students, private school, or
650 state.
651 (b) Selling the materials to used book dealers, recycling
652 plants, pulp mills, or other persons, firms, or corporations
653 upon such terms as are most economically advantageous to the
654 district school board.
655 Section 15. Paragraph (j) of subsection (2) of section
656 1003.621, Florida Statutes, is amended to read:
657 1003.621 Academically high-performing school districts.—It
658 is the intent of the Legislature to recognize and reward school
659 districts that demonstrate the ability to consistently maintain
660 or improve their high-performing status. The purpose of this
661 section is to provide high-performing school districts with
662 flexibility in meeting the specific requirements in statute and
663 rules of the State Board of Education.
664 (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
665 high-performing school district shall comply with all of the
666 provisions in chapters 1000-1013, and rules of the State Board
667 of Education which implement these provisions, pertaining to the
668 following:
669 (j) Those statutes relating to instructional materials,
670 except that s. 1006.37, relating to the requisition of state
671 adopted materials from the depository under contract with the
672 publisher, and s. 1006.40(3)(a), relating to the use of 50
673 percent of the instructional materials allocation, shall be
674 eligible for exemption.
675 Section 16. Section 1006.282, Florida Statutes, is amended
676 to read:
677 1006.282 Pilot program for the transition to electronic and
678 digital instructional materials.—
679 (1) A district school board may designate pilot program
680 schools to implement the transition to instructional materials
681 that are in an electronic or a digital format as defined in s.
682 1006.283 s. 1006.29(3).
683 (2) A district school board may designate pilot program
684 schools if the school district:
685 (a) Implements a local instructional improvement system
686 pursuant to s. 1006.281 which enables district staff to plan,
687 create, and manage professional development and to connect
688 professional development with staff information and student
689 performance, provides the ability to seamlessly connect the
690 system to electronic and digital instructional materials and the
691 instructional materials to student assessment data, and includes
692 the minimum standards published by the Department of Education.
693 (b) Requests only the electronic or digital format of the
694 sample copies of instructional materials submitted pursuant to
695 s. 1006.283 s. 1006.33.
696 (c) Uses at least 50 percent of the pilot program school’s
697 annual allocation from the district for the purchase of
698 electronic or digital instructional materials included on the
699 district-adopted state-adopted list.
700 (3) A school designated as a pilot program school by the
701 school board is exempt from:
702 (a) Section 1006.40(2), if the school provides
703 comprehensive electronic or digital instructional materials to
704 all students; and
705 (b) Section 1006.37.
706 (4) By August 1 of each year, beginning in 2011, the school
707 board must report to the Department of Education the school or
708 schools in its district which have been designated as pilot
709 program schools. The department shall publish the list of pilot
710 program schools on the department’s Internet website. The report
711 must include:
712 (a) The name of the pilot program school, the contact
713 person and contact person information, and the grade or grades
714 and associated course or courses included in the pilot program
715 school.
716 (b) A description of the type of technological tool or
717 tools that will be used to access the electronic or digital
718 instructional materials included in the pilot program school,
719 whether district-owned or student-owned.
720 (c) The projected costs and funding sources, which must
721 include cost savings or cost avoidances, associated with the
722 pilot program.
723 (5) By September 1 of each year, beginning in 2012, each
724 school board that has a designated pilot program school shall
725 provide to the Department of Education, the Executive Office of
726 the Governor, and the chairs of the appropriations committees of
727 the Senate and the House of Representatives a review of the
728 pilot program schools which must include, but need not be
729 limited to:
730 (a) Successful practices;
731 (b) The average amount of online Internet time needed by a
732 student to access and use the school’s electronic or digital
733 instructional materials;
734 (c) Lessons learned;
735 (d) The level of investment and cost-effectiveness; and
736 (e) Impacts on student performance.
737 Section 17. Section 1010.82, Florida Statutes, is amended
738 to read:
739 1010.82 Textbook Bid Trust Fund.—Chapter 99-36, Laws of
740 Florida, re-created the Textbook Bid Trust Fund to record the
741 revenue and disbursements of textbook bid performance deposits
742 submitted to the Department of Education as required in s.
743 1006.33.
744 Section 18. This act shall take effect July 1, 2014.