2014 Legislature                    CS for SB 864, 1st Engrossed
    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; providing
    7         that the district school board is responsible for the
    8         content of all instructional materials; requiring a
    9         policy for parental objection of instructional
   10         materials and a process by which a parent may contest
   11         the district school board’s adoption of a specific
   12         instructional material; amending s. 1006.283, F.S.;
   13         providing requirements for a district instructional
   14         materials program and district school board rules
   15         relating thereto; including criteria for the review,
   16         recommendation, and adoption of instructional
   17         materials and the process by which a school district
   18         will notify parents of their ability to access their
   19         children’s instructional materials; providing for
   20         inspection of purchased instructional materials;
   21         amending s. 1006.29, F.S.; authorizing the Department
   22         of Education to assess and collect fees from
   23         publishers; providing for the payment of a stipend to
   24         instructional materials reviewers; amending s.
   25         1006.31, F.S.; providing duties for instructional
   26         materials reviewers; amending s. 1006.40, F.S.;
   27         deleting provisions regarding the adoption of certain
   28         instructional materials for mathematics; authorizing
   29         each district school board to use all of the
   30         instructional materials annual allocation for the
   31         purchase of digital or electronic instructional
   32         materials that meet certain requirements; providing
   33         that each district school board is responsible for the
   34         content of all instructional materials used in a
   35         classroom; requiring district school boards to provide
   36         a process for public review of, and comment on,
   37         instructional materials; providing that the act does
   38         not limit or remove the responsibility of each school
   39         district to include certain instruction in its
   40         curriculum; providing an effective date.
   42  Be It Enacted by the Legislature of the State of Florida:
   44         Section 1. Subsection (1) of section 1006.28, Florida
   45  Statutes, is amended to read:
   46         1006.28 Duties of district school board, district school
   47  superintendent; and school principal regarding K-12
   48  instructional materials.—
   49         (1) DISTRICT SCHOOL BOARD.—The district school board has
   50  the constitutional duty and responsibility to select and provide
   51  adequate instructional materials for all students in accordance
   52  with the requirements of this part. The term “adequate
   53  instructional materials” means a sufficient number of student or
   54  site licenses or sets of materials that are available in bound,
   55  unbound, kit, or package form and may consist of hardbacked or
   56  softbacked textbooks, electronic content, consumables, learning
   57  laboratories, manipulatives, electronic media, and computer
   58  courseware or software that serve as the basis for instruction
   59  for each student in the core courses of mathematics, language
   60  arts, social studies, science, reading, and literature. The
   61  district school board has the following specific duties and
   62  responsibilities:
   63         (a) Courses of study; adoption.—Adopt courses of study,
   64  including instructional materials, for use in the schools of the
   65  district.
   66         1. Each district school board is responsible for the
   67  content of all instructional materials used in a classroom,
   68  whether adopted and purchased from the state-adopted
   69  instructional materials list, adopted and purchased through a
   70  district instructional materials program under s. 1006.283, or
   71  otherwise purchased or made available in the classroom.
   72         2. Each district school board must adopt a policy regarding
   73  a parent’s objection to his or her child’s use of a specific
   74  instructional material, which clearly describes a process to
   75  handle all objections and provides for resolution.
   76         3. Each district school board must establish a process by
   77  which the parent of a public school student may contest the
   78  district school board’s adoption of a specific instructional
   79  material. The parent must file a petition, on a form provided by
   80  the school board, within 30 calendar days after the adoption of
   81  the material by the school board. The school board must make the
   82  form available to the public and publish the form on the school
   83  district’s website. The form must be signed by the parent,
   84  include the required contact information, and state the
   85  objection to the instructional material. Within 30 days after
   86  the 30-day period has expired, the school board must conduct at
   87  least one open public hearing on all petitions timely received
   88  and provide the petitioner written notification of the date and
   89  time of the hearing at least 7 days before the hearing. All
   90  instructional materials contested must be made accessible online
   91  to the public at least 7 days before a public hearing. The
   92  school board’s decision after convening a hearing is final and
   93  not subject to further petition or review.
   94         (b) Instructional materials.—Provide for proper
   95  requisitioning, distribution, accounting, storage, care, and use
   96  of all instructional materials and furnish such other
   97  instructional materials as may be needed. The district school
   98  board shall ensure that instructional materials used in the
   99  district are consistent with the district goals and objectives
  100  and the course descriptions established in rule of the State
  101  Board of Education, as well as with the state and district
  102  performance standards provided for in s. 1003.41 1001.03(1).
  103         (c) Other instructional materials.—Provide such other
  104  teaching accessories and aids as are needed for the school
  105  district’s educational program.
  106         (d) School library media services; establishment and
  107  maintenance.—Establish and maintain a program of school library
  108  media services for all public schools in the district, including
  109  school library media centers, or school library media centers
  110  open to the public, and, in addition such traveling or
  111  circulating libraries as may be needed for the proper operation
  112  of the district school system.
  113         Section 2. Section 1006.283, Florida Statutes, is amended
  114  to read:
  115         1006.283 District school board instructional materials
  116  review process.—
  117         (1) A district school board or consortium of school
  118  districts may implement an instructional materials program that
  119  includes the review, recommendation approval, adoption, and
  120  purchase of instructional materials. Beginning in the 2013-2014
  121  school year, The district school superintendent shall certify to
  122  the department by March 31 of each year that all instructional
  123  materials for core courses used by the district are aligned with
  124  applicable state standards. Included in the certification shall
  125  be A list of the core instructional materials that will be used
  126  or purchased for use by the school district shall be included in
  127  the certification.
  128         (2)(a) If a district The school board chooses to implement
  129  its own instructional materials program, the school board shall
  130  adopt rules implementing the district’s instructional materials
  131  program which must include its processes, criteria, and
  132  requirements for the following, but need not be limited to:
  133         1. Selection of reviewers, one or more of whom must be
  134  parents with children in public schools.
  135         2. Review of instructional materials.
  136         3. Selection of instructional materials, including a
  137  thorough review of curriculum content.
  138         4. Reviewer recommendations.
  139         5. District school board adoption.
  140         6. Purchase of instructional materials.
  141         (b) District school board rules must also:
  142         (a) Its review and purchase process.
  143         1.(b)Identify, by subject area, Identification of a review
  144  cycle for instructional materials.
  145         2.(c)Specify the duties and qualifications for an of the
  146  instructional materials reviewer and the process for selecting
  147  reviewers; list a reviewer’s duties and responsibilities,
  148  including compliance with the requirements of s. 1006.31; and
  149  provide that all instructional materials recommended by a
  150  reviewer be accompanied by the reviewer’s statement that the
  151  materials align with the state standards pursuant to s. 1003.41
  152  and the requirements of s. 1006.31.
  153         3.(d)State the requirements for an affidavit to be made by
  154  each a district instructional materials reviewer which
  155  substantially meet includes the requirements of s. 1006.30.
  156         4.(e)Comply Compliance with s. 1006.32, relating to
  157  prohibited acts.
  158         5.(f)Establish a process that certifies the accuracy of
  159  instructional materials.
  160         6.(g)Incorporate The incorporation of applicable
  161  requirements of s. 1006.31, which relates to the duties of
  162  instructional materials reviewers.
  163         7.(h)Incorporate The incorporation of applicable
  164  requirements of s. 1006.38, relating to the duties,
  165  responsibilities, and requirements of publishers of
  166  instructional materials.
  167         8. Establish the process by which instructional materials
  168  are adopted by the district school board, which must include:
  169         a. A process to allow student editions of recommended
  170  instructional materials to be accessed and viewed online by the
  171  public at least 20 calendar days before the school board hearing
  172  and public meeting as specified in this subparagraph. This
  173  process must include reasonable safeguards against the
  174  unauthorized use, reproduction, and distribution of
  175  instructional materials considered for adoption.
  176         b. An open, noticed school board hearing to receive public
  177  comment on the recommended instructional materials.
  178         c. An open, noticed public meeting to approve an annual
  179  instructional materials plan to identify any instructional
  180  materials that will be purchased through the district school
  181  board instructional materials review process pursuant to this
  182  section. This public meeting must be held on a different date
  183  than the school board hearing.
  184         d. Notice requirements for the school board hearing and the
  185  public meeting that must specifically state which instructional
  186  materials are being reviewed and the manner in which the
  187  instructional materials can be accessed for public review.
  188         9. Establish the process by which the district school board
  189  shall receive public comment on, and review, the recommended
  190  instructional materials.
  191         10.(i)Establish the process by which instructional
  192  materials will be purchased, including advertising, bidding, and
  193  purchasing requirements.
  194         11. Establish the process by which the school district will
  195  notify parents of their ability to access their children’s
  196  instructional materials through the district’s local
  197  instructional improvement system and by which the school
  198  district will encourage parents to access the system. This
  199  notification must be displayed prominently on the school
  200  district’s website and provided annually in written format to
  201  all parents of enrolled students.
  202         (3)(a) The school board may assess and collect fees from
  203  publishers participating in the instructional materials approval
  204  process. The amount assessed and collected must be posted on the
  205  school district’s website and reported to the department. The
  206  fees may not exceed the actual cost of the review process, and
  207  the fees may not exceed $3,500 per submission by a publisher.
  208  Any fees collected for this process shall be allocated for the
  209  support of the review process and maintained in a separate line
  210  item for auditing purposes.
  211         (b) The fees shall be used to cover the actual cost of
  212  substitute teachers for each workday that a member of a school
  213  district’s instructional staff is absent from his or her
  214  assigned duties for the purpose of rendering service as an
  215  instructional materials reviewer. In addition, each reviewer may
  216  be paid a stipend and is entitled to reimbursement for travel
  217  expenses and per diem in accordance with s. 112.061 for actual
  218  service in meetings.
  219         (4) Instructional materials that have been reviewed by the
  220  district instructional materials reviewers and approved must
  221  have been determined to align with all applicable state
  222  standards pursuant to s. 1003.41 and the requirements in s.
  223  1006.31. The district school superintendent shall annually
  224  certify to the department that all instructional materials for
  225  core courses used by the district are aligned with all
  226  applicable state standards and have been reviewed, selected, and
  227  adopted by the district school board in accordance with the
  228  school board hearing and public meeting requirements of this
  229  section.
  230         (5) A publisher that offers instructional materials to a
  231  district school board must provide such materials at a price
  232  that, including all costs of electronic transmission, does not
  233  exceed the lowest price at which the publisher offers such
  234  instructional materials for approval or sale to any state or
  235  school district in the United States.
  236         (6) A publisher shall reduce automatically the price of the
  237  instructional materials to the district school board to the
  238  extent that reductions in price are made elsewhere in the United
  239  States.
  240         (7) The school district shall make available, upon request
  241  for public inspection, sample copies of all instructional
  242  materials that have been purchased by the district school board.
  243         Section 3. Paragraph (d) is added to subsection (1) of
  244  section 1006.29, Florida Statutes, to read:
  245         1006.29 State instructional materials reviewers.—
  246         (1)
  247         (d) The department may assess and collect fees from
  248  publishers participating in the instructional materials approval
  249  process. The amount assessed and collected must be posted on the
  250  department’s website. The fees may not exceed the actual cost of
  251  the review process and may not exceed $1,000 per submission by a
  252  publisher. Fees collected for this process shall be deposited
  253  into the department’s Operating Trust Fund so that each
  254  instructional materials reviewer under paragraph (b) may be paid
  255  a stipend.
  256         Section 4. Subsection (2) of section 1006.31, Florida
  257  Statutes, is amended to read:
  258         1006.31 Duties of the Department of Education and school
  259  district instructional materials reviewer.—The duties of the
  260  instructional materials reviewer are:
  261         (2) EVALUATION OF INSTRUCTIONAL MATERIALS.— To use evaluate
  262  carefully all instructional materials submitted, in order to
  263  ascertain which instructional materials, if any, submitted for
  264  consideration implement the selection criteria listed in s.
  265  1006.34(2)(b) developed by the department and recommend for
  266  adoption only those instructional materials aligned with the
  267  state those curricular objectives included within applicable
  268  performance standards provided for in s. 1003.41 1001.03(1).
  269  Instructional materials recommended by each reviewer shall be,
  270  to the satisfaction of each reviewer, accurate, objective,
  271  balanced, noninflammatory, current, and suited to student needs
  272  and their ability to comprehend the material presented.
  273  Reviewers shall consider for recommendation materials developed
  274  for academically talented students, such as students enrolled in
  275  advanced placement courses. When recommending instructional
  276  materials, each reviewer shall:
  277         (a) When recommending instructional materials for use in
  278  the schools, each reviewer shall Include only instructional
  279  materials that accurately portray the ethnic, socioeconomic,
  280  cultural, religious, physical, and racial diversity of our
  281  society, including men and women in professional, career, and
  282  executive roles, and the role and contributions of the
  283  entrepreneur and labor in the total development of this state
  284  and the United States.
  285         (b) When recommending instructional materials for use in
  286  the schools, each reviewer shall Include only materials that
  287  accurately portray, whenever appropriate, humankind’s place in
  288  ecological systems, including the necessity for the protection
  289  of our environment and conservation of our natural resources and
  290  the effects on the human system of the use of tobacco, alcohol,
  291  controlled substances, and other dangerous substances.
  292         (c) Include When recommending instructional materials for
  293  use in the schools, each reviewer shall require such materials
  294  that as he or she deems necessary and proper to encourage
  295  thrift, fire prevention, and humane treatment of people and
  296  animals.
  297         (d) When recommending instructional materials for use in
  298  the schools, each reviewer shall Require, when appropriate to
  299  the comprehension of students, that materials for social
  300  science, history, or civics classes contain the Declaration of
  301  Independence and the Constitution of the United States. A
  302  reviewer may not recommend any instructional materials that for
  303  use in the schools which contain any matter reflecting unfairly
  304  upon persons because of their race, color, creed, national
  305  origin, ancestry, gender, religion, disability, socioeconomic
  306  status, or occupation.
  307         (e) Any instructional material recommended by each reviewer
  308  for use in the schools shall be, to the satisfaction of each
  309  reviewer, accurate, objective, and current and suited to the
  310  needs and comprehension of students at their respective grade
  311  levels. Reviewers shall consider for adoption materials
  312  developed for academically talented students such as those
  313  enrolled in advanced placement courses.
  314         Section 5. Subsection (2), paragraph (a) of subsection (3),
  315  and subsection (5) of section 1006.40, Florida Statutes, are
  316  amended to read:
  317         1006.40 Use of instructional materials allocation;
  318  instructional materials, library books, and reference books;
  319  repair of books.—
  320         (2) Each district school board must purchase current
  321  instructional materials to provide each student in kindergarten
  322  through grade 12 with a major tool of instruction in core
  323  courses of the subject areas of mathematics, language arts,
  324  science, social studies, reading, and literature for
  325  kindergarten through grade 12. Such purchase must be made within
  326  the first 3 years after the effective date of the adoption
  327  cycle. For the 2012-2013 mathematics adoption, a district using
  328  a comprehensive mathematics instructional materials program
  329  adopted in the 2009-2010 adoption shall be deemed in compliance
  330  with this subsection if it provides each student with such
  331  additional state-adopted materials as may be necessary to align
  332  the previously adopted comprehensive program to common core
  333  standards and the other criteria of the 2012-2013 mathematics
  334  adoption.
  335         (3)(a) Beginning in By the 2014-2015 2015-2016 fiscal year,
  336  each district school board shall use at least 50 percent of the
  337  annual allocation, and may use all of the allocation, for the
  338  purchase of digital or electronic instructional materials that
  339  are consistent with district goals and objectives and the course
  340  descriptions adopted in rule by the State Board of Education,
  341  align with the state standards provided for in s. 1003.41, and
  342  meet the requirements in s. 1006.31 align with state standards
  343  included on the state-adopted list, except as otherwise
  344  authorized in paragraphs (b) and (c). This section does not
  345  apply to a district school board or a consortium of school
  346  districts which implements an instructional materials program
  347  pursuant to s. 1006.283, except that by the 2015-2016 fiscal
  348  year, each district school board shall use at least 50 percent
  349  of the annual allocation for the purchase of digital or
  350  electronic instructional materials that align with state
  351  standards.
  352         (5) Each district school board is responsible for the
  353  content of all instructional materials used in a classroom,
  354  whether purchased through an adoption process or otherwise
  355  purchased or made available in the classroom. Each district
  356  school board shall adopt rules, and each district school
  357  superintendent shall implement procedures, that:
  358         (a) Maximize student will assure the maximum use by the
  359  students of the district-approved authorized instructional
  360  materials.
  361         (b) Provide a process for public review of, public comment
  362  on, and the adoption of instructional materials that satisfies
  363  the requirements of s. 1006.283(2)(b)8., 9., and 11.
  364         Section 6. This act does not limit or remove the
  365  responsibility of each school district to include in its
  366  curriculum the required instruction specified in s. 1003.42,
  367  Florida Statutes, including, but not limited to, the following:
  368  the history of the United States; the history of the Holocaust;
  369  the history of African Americans; the study of Hispanic
  370  contributions to the United States; the study of women’s
  371  contributions to the United States; the nature and importance of
  372  free enterprise to the United States economy; patriotism; the
  373  events surrounding the terrorist attacks occurring on September
  374  11, 2001, and the impact of those events on the nation; the
  375  elementary principles of agriculture; and kindness to animals.
  376         Section 7. This act shall take effect July 1, 2014.