Florida Senate - 2019                                    SB 1454
       By Senator Mayfield
       17-01367B-19                                          20191454__
    1                        A bill to be entitled                      
    2         An act relating to instructional materials; amending
    3         s. 847.001, F.S.; revising definitions; amending s.
    4         847.012, F.S.; prohibiting a public school employee or
    5         volunteer from providing certain materials to minors;
    6         revising the requirements for a material to be
    7         considered harmful to minors; amending s. 1003.42,
    8         F.S.; requiring a school principal to notify certain
    9         parents of the inclusion of sex education
   10         instructional materials in a course; requiring a
   11         parent to provide written approval for his or her
   12         child to be included in portions of the course
   13         containing such instructional materials; prohibiting
   14         penalization of students exempt from such portions of
   15         the course; amending s. 1006.28, F.S.; revising and
   16         providing definitions; requiring the chair of each
   17         school district to annually provide a certain
   18         certification to the Department of Education;
   19         requiring district school boards to make certain
   20         information relating to instructional materials
   21         available to the public; revising the requirements for
   22         a school district policy relating to an objection to
   23         the use of a specified instructional material;
   24         requiring a school district to evaluate certain
   25         materials by a specified date and remove materials
   26         meeting certain criteria; providing that certain
   27         persons who purchase certain prohibited materials
   28         commit a felony of the third degree; providing
   29         criminal penalties; revising the district school board
   30         process for contesting the adoption of specific
   31         instructional materials; providing school district
   32         notification requirements; providing requirements for
   33         hearing officers; providing that certain persons may
   34         attend specified hearings but may not participate;
   35         prohibiting an attorney for the school district from
   36         designing or establishing the rules of operations for
   37         certain hearings; authorizing a petitioner to appeal a
   38         school board decision to the State Board of Education;
   39         authorizing a petitioner to appeal a state board
   40         decision to the circuit court; authorizing the
   41         petitioner to recover reasonable attorney fees and
   42         costs; revising district school board duties relating
   43         to the use of supplemental instructional materials;
   44         requiring the district school board to post certain
   45         information on its website; requiring the district
   46         school superintendent to provide an annual
   47         certification relating to instructional materials;
   48         amending s. 1006.283, F.S.; revising the requirements
   49         for the district school board instructional materials
   50         review process; providing requirements for certain
   51         hearings and public meetings; requiring instructional
   52         materials to comply with department contract
   53         provisions; amending s. 1006.31, F.S.; revising duties
   54         of the department and school district instructional
   55         materials reviewers; requiring instructional materials
   56         to comply with certain requirements; amending s.
   57         1006.34, F.S.; conforming provisions to changes made
   58         by the act; amending s. 1006.40, F.S.; encouraging
   59         school districts to purchase certain instructional
   60         materials and literature; revising the requirements
   61         for materials purchased using the instructional
   62         materials allocation; providing an effective date.
   64  Be It Enacted by the Legislature of the State of Florida:
   66         Section 1. Subsections (3) and (6) of section 847.001,
   67  Florida Statutes, are amended to read:
   68         847.001 Definitions.—As used in this chapter, the term:
   69         (3) “Child pornography” means any image or text depicting a
   70  minor engaged in sexual conduct.
   71         (6) “Harmful to minors” means any reproduction, imitation,
   72  characterization, description, exhibition, presentation, or
   73  representation, of whatever kind or form, depicting nudity,
   74  sexual conduct, or sexual excitement when it:
   75         (a) Predominantly appeals to a prurient, shameful, or
   76  morbid interest;
   77         (b) Is patently offensive to prevailing standards in the
   78  adult community as a whole with respect to what is suitable
   79  material or conduct for minors; and
   80         (c) Depicts an image or text that meets the definition of
   81  “deviate sexual intercourse” under subsection (5) Taken as a
   82  whole, is without serious literary, artistic, political, or
   83  scientific value for minors.
   85  The term “harmful to minors” does not include materials used in
   86  a formal, scheduled sex education course. A mother’s
   87  breastfeeding of her baby is not under any circumstance “harmful
   88  to minors.”
   89         Section 2. Subsections (3) and (5) of section 847.012,
   90  Florida Statutes, are amended, and subsection (6) of that
   91  section is republished, to read:
   92         847.012 Harmful materials; sale or distribution to minors
   93  or using minors in production prohibited; penalty.—
   94         (3) A person, including a public school employee or
   95  volunteer, may not knowingly sell, rent, or loan for monetary
   96  consideration to a minor:
   97         (a) Any picture, photograph, drawing, sculpture, motion
   98  picture film, videocassette, or similar visual representation or
   99  image of a person or portion of the human body which depicts
  100  nudity or sexual conduct, sexual excitement, sexual battery,
  101  bestiality, or sadomasochistic abuse and which is harmful to
  102  minors; or
  103         (b) Any book, pamphlet, magazine, printed matter however
  104  reproduced, or sound recording that contains any matter defined
  105  in s. 847.001, explicit and detailed verbal descriptions or
  106  narrative accounts of sexual excitement, or sexual conduct and
  107  that is harmful to minors.
  108         (5) An adult may not knowingly distribute to a minor on
  109  school property, or post on school property, any material
  110  described in subsection (3). As used in this subsection, the
  111  term “school property” means the grounds or facility of any
  112  kindergarten, elementary school, middle school, junior high
  113  school, or secondary school, whether public or nonpublic. This
  114  subsection does not apply to the distribution or posting of
  115  school-approved instructional materials that by design serve as
  116  a major tool for assisting in the instruction of a sex education
  117  subject or course by school officers, instructional personnel,
  118  administrative personnel, school volunteers, educational support
  119  employees, or managers as those terms are defined in s. 1012.01.
  120         (6) Any person violating any provision of this section
  121  commits a felony of the third degree, punishable as provided in
  122  s. 775.082, s. 775.083, or s. 775.084.
  123         Section 3. Subsection (3) of section 1003.42, Florida
  124  Statutes, is amended to read:
  125         1003.42 Required instruction.—
  126         (3)(a)A school principal must notify each parent of a
  127  student enrolled in a course that will include sex education
  128  instructional materials of the content and the nature of such
  129  materials at least 10 instructional days before such materials
  130  are to be used. A parent must provide written approval for his
  131  or her child to be included in the portions of the course that
  132  include such instructional materials. A student so exempted may
  133  not be penalized by reason of that exemption.
  134         (b) Any student whose parent makes written request to the
  135  school principal shall be exempted from the teaching of
  136  reproductive health or any disease, including HIV/AIDS, its
  137  symptoms, development, and treatment. A student so exempted may
  138  not be penalized by reason of that exemption. Course
  139  descriptions for comprehensive health education shall not
  140  interfere with the local determination of appropriate curriculum
  141  which reflects local values and concerns.
  142         Section 4. Subsections (1) and (2) and paragraph (a) of
  143  subsection (3) of section 1006.28, Florida Statutes, are amended
  144  to read:
  145         1006.28 Duties of district school board, district school
  146  superintendent; and school principal regarding K-12
  147  instructional materials.—
  148         (1) DEFINITIONS.—
  149         (a) As used in this section, the term:
  150         1. “Adequate instructional materials” means a sufficient
  151  number of student or site licenses or sets of materials that are
  152  available in bound, unbound, kit, or package form and may
  153  consist of hardbacked or softbacked textbooks, electronic
  154  content, consumables, learning laboratories, manipulatives,
  155  electronic media, and computer courseware or software that serve
  156  as the basis for instruction for each student in the core
  157  subject areas of mathematics, language arts, social studies,
  158  science, reading, and literature.
  159         2. “Instructional materials” means systematically arranged
  160  content in text, digital, braille, and large print or audio
  161  format which may be used within the state curriculum framework
  162  for courses of study by public school students. The term
  163  includes textbooks, workbooks, worksheets, handouts, computer
  164  software, online and Internet courses, CDs or DVDs, all
  165  materials used in the classroom, including supplemental
  166  materials and materials available to students in school
  167  libraries or media centers, and multiple forms of communication
  168  and electronic media. Instructional materials must be designed
  169  for student use and may contain or be accompanied by teaching
  170  and study guides has the same meaning as in s. 1006.29(2).
  171         (b)As used in this section, the term “hearing officer”
  172  means a general magistrate, a special magistrate, or a hearing
  173  officer who is employed by the circuit court of the county or by
  174  a state agency.
  175         (c)(b) As used in this section and s. 1006.283, the term
  176  “resident” means a person who has maintained his or her
  177  residence in this state for the preceding year, has purchased a
  178  home that is occupied by him or her as his or her residence, or
  179  has established a domicile in this state pursuant to s. 222.17.
  180         (d)(c) As used in this section and ss. 1006.283, 1006.32,
  181  1006.35, 1006.37, 1006.38, 1006.40, and 1006.42, the term
  182  “purchase” includes purchase, lease, license, and acquire.
  183         (2) DISTRICT SCHOOL BOARD.—The district school board has
  184  the constitutional duty and responsibility to select and provide
  185  the highest quality adequate instructional materials for all
  186  students. Annually, by January 1, the chair of each district
  187  school board shall certify in writing to the Department of
  188  Education that all school district instructional materials
  189  comply with all state laws relating to instructional materials
  190  in accordance with the requirements of this part. The district
  191  school board also has the following specific duties and
  192  responsibilities:
  193         (a) Courses of study; adoption.—Adopt courses of study,
  194  including instructional materials, for use in the schools of the
  195  district.
  196         1. Each district school board is responsible for the
  197  quality and content of all instructional materials and any other
  198  materials used in a classroom, made available in a school
  199  library, or included on a reading list, whether adopted and
  200  purchased from the state-adopted instructional materials list,
  201  adopted and purchased through a district instructional materials
  202  program under s. 1006.283, or otherwise purchased or made
  203  available. Each district school board shall maintain on its
  204  website a current list of instructional materials, by grade
  205  level, purchased by the district and make such materials
  206  available to the public. Such list must contain, at a minimum,
  207  the title, author, and, if appropriate, ISBN number for all
  208  instructional materials.
  209         2. Each district school board must adopt a policy regarding
  210  an objection by a parent or a resident of the county to the use
  211  of a specific instructional material, which clearly describes a
  212  process to handle each objection all objections and provide
  213  provides for resolution. The process must provide the parent or
  214  resident with adequate time and the opportunity to proffer
  215  evidence for each objection to the district school board that:
  216         a. An instructional material does not meet the criteria of
  217  s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in
  218  a course or otherwise made available to students in the school
  219  district but was not subject to the public notice, review,
  220  comment, and hearing procedures under s. 1006.283(2)(b)8., 9.,
  221  and 11.
  222         b. Any material used in a classroom, made available in a
  223  school library, or included on a reading list containing
  224  contains content that is pornographic or prohibited under s.
  225  847.012 or, is not acceptable suited to student needs and their
  226  ability to comprehend the material presented, or is
  227  inappropriate for the grade level and age group for which the
  228  material is used.
  229         3.a. If the district school board finds that an
  230  instructional material does not meet the criteria under sub
  231  subparagraph 2.a.a. or that any other material contains
  232  prohibited content under sub-subparagraph 2.b.b., the school
  233  district shall proactively remove discontinue use of the
  234  material regardless of whether a parent or resident has objected
  235  to the material for any grade level or age group for which such
  236  use is inappropriate or unsuitable.
  237         b.Each school district must evaluate all such materials no
  238  later than October 1, 2019, and remove materials that are
  239  pornographic or prohibited under s. 847.012.
  240         c.Effective October 1, 2019, any person who purchases a
  241  textbook, novel, or material that is pornographic or prohibited
  242  under s. 847.012 with the intent to expose students to such
  243  material commits a felony of the third degree, punishable as
  244  provided in s. 775.082, s. 775.083, or s. 775.084. Every
  245  textbook, novel, or material purchased shall constitute a
  246  separate offense and is punishable as such.
  247         d.After exhausting all local policy remedies and appealing
  248  to the State Board of Education, a parent or resident may sue in
  249  circuit court for an injunction to remove such materials and may
  250  recover reasonable attorney fees and costs.
  251         4.3. Each district school board must establish a process by
  252  which the parent of a public school student or a resident of the
  253  county may contest the district school board’s adoption of a
  254  specific instructional material. The parent or resident must
  255  file a petition, on a form provided by the school board, within
  256  30 calendar days after the adoption of the material by the
  257  school board. The school board must make the form easy to use,
  258  prominently advertise the school board’s policy and the form
  259  available to the public, and publish the form on the school
  260  district’s website. The form must be signed by the parent or
  261  resident, include the required contact information, and state
  262  the objection to the instructional material based on the
  263  criteria of s. 1006.31(2) or s. 1006.40(3)(d). A hearing officer
  264  must give priority to a parent’s or resident’s objections based
  265  on failure of a material to comply with the criteria of s.
  266  1006.31(2) or s. 1006.40(3)(d) in his or her written findings.
  267  Within 30 days after the 30-day period has expired, the school
  268  board must, for all petitions timely received, commission
  269  conduct at least one open public hearing by an independent
  270  before an unbiased and qualified hearing officer. A district
  271  school board may not appoint its own hearing officer, and the
  272  hearing officer may not be an employee or agent of the school
  273  district. At least 7 days before the hearing, a school board
  274  must provide each petitioner with a written notification of the
  275  date and time of the hearing and publish on its website for the
  276  public all instructional materials included in a petition. A
  277  school board’s failure to provide petitioners with the required
  278  written notice or publish such instructional materials on its
  279  website for the public shall result in the hearing being
  280  rescheduled to satisfy these requirements. The hearing is not
  281  subject to the provisions of chapter 120.; however, The hearing
  282  must provide sufficient procedural protections to allow each
  283  petitioner an adequate and fair opportunity to be heard and
  284  present evidence to the hearing officer on all petitions timely
  285  received. The hearing officer shall provide written findings on
  286  each objection with his or her recommendations to the school
  287  board. Failure of the hearing officer to provide written
  288  findings on each objection voids the adoption process. Members
  289  of the district school board, the district school
  290  superintendent, and any attorney for the school district may
  291  attend a hearing as part of the audience, but may not
  292  participate in the hearing. An attorney for the school district
  293  may not have been involved in designing or establishing the
  294  rules of operation for the hearing.
  296  The rationale for the school board’s decision for each contested
  297  instructional material must be documented and available to the
  298  public. Decisions regarding such instructional materials by the
  299  school board may be appealed by the petitioner to the State
  300  Board of Education. A petitioner may appeal the decision of the
  301  state board to a circuit court and may seek damages or
  302  injunctive relief, or both. The circuit court has original and
  303  exclusive jurisdiction of all proceedings brought under this
  304  section. If any proceeding brought under this section is deemed
  305  to be frivolous by the court, the petitioner may recover
  306  reasonable attorney fees and costs after convening a hearing is
  307  final and not subject to further petition or review.
  308         (b) Instructional materials.—Provide for proper
  309  requisitioning, distribution, accounting, storage, care, and use
  310  of all instructional materials and furnish such other
  311  instructional materials as may be needed. Instructional
  312  materials used must be consistent with the district goals and
  313  objectives and the course descriptions established in rule of
  314  the State Board of Education, as well as with the applicable
  315  Next Generation Sunshine State Standards provided for in s.
  316  1003.41.
  317         (c) Other instructional materials.—Provide such other
  318  teaching accessories and aids as are needed for the school
  319  district’s educational program, including supplemental
  320  instructional materials. Each school district shall create a
  321  policy and training program for the use of supplemental
  322  instructional materials in the classroom to ensure that the
  323  materials used comply with s. 1006.31(2) and any other state
  324  laws relating to instructional materials.
  325         (d) School library media services; establishment and
  326  maintenance.—Establish and maintain a program of school library
  327  media services for all public schools in the district, including
  328  school library media centers, or school library media centers
  329  open to the public, and, in addition such traveling or
  330  circulating libraries as may be needed for the proper operation
  331  of the district school system. Each school district shall post
  332  on its website a current list of all instructional materials,
  333  including library materials. Upon written request, a school
  334  district shall provide access to any material or book specified
  335  in the request that is maintained in a district school system
  336  library and is available for review.
  338         (a) The district school superintendent has the duty to
  339  annually certify, by March 31, that he or she is following state
  340  laws relating to instructional materials. If there is a conflict
  341  between state law and the Next Generation Sunshine State
  342  Standards, state law prevails. The district school
  343  superintendent shall to recommend such plans for improving,
  344  providing, distributing, accounting for, and caring for
  345  instructional materials and other instructional aids as will
  346  result in general improvement of the district school system, as
  347  prescribed in this part, in accordance with adopted district
  348  school board rules prescribing the duties and responsibilities
  349  of the district school superintendent regarding the requisition,
  350  purchase, receipt, storage, distribution, use, conservation,
  351  records, and reports of, and management practices and property
  352  accountability concerning, instructional materials, and
  353  providing for an evaluation of any instructional materials to be
  354  requisitioned that have not been used previously in the
  355  district’s schools. The district school superintendent must keep
  356  adequate records and accounts for all financial transactions for
  357  funds collected pursuant to subsection (4).
  358         Section 5. Subsection (2) of section 1006.283, Florida
  359  Statutes, is amended to read:
  360         1006.283 District school board instructional materials
  361  review process.—
  362         (2)(a) If a district school board chooses to implement its
  363  own instructional materials program, the school board shall
  364  adopt rules implementing the district’s instructional materials
  365  program which must include its processes, criteria, and
  366  requirements for the following:
  367         1. Selection of reviewers, one-third one or more of whom
  368  must be parents with children in public schools.
  369         2. Review of instructional materials.
  370         3. Selection of instructional materials, including a
  371  thorough review of curriculum content.
  372         4. Reviewer recommendations.
  373         5. District school board adoption.
  374         6. Purchase of instructional materials.
  375         (b) District school board rules must also:
  376         1. Identify, by subject area, a review cycle for
  377  instructional materials.
  378         2. Specify the qualifications for an instructional
  379  materials reviewer and the process for selecting reviewers; list
  380  a reviewer’s duties and responsibilities; provide for training
  381  to ensure, including compliance with the requirements of ss.
  382  847.012, 1003.42(2)(a)-(f), and 1006.28 s. 1006.31; and provide
  383  that all instructional materials recommended by a reviewer be
  384  accompanied by the reviewer’s statement that the materials align
  385  with or exceed the state standards pursuant to s. 1003.41 and
  386  the requirements of s. 1006.31.
  387         3. State the requirements for an affidavit to be made by
  388  each district instructional materials reviewer which
  389  substantially meet the requirements of s. 1006.30.
  390         4. Comply with s. 1006.32, relating to prohibited acts.
  391         5. Establish a process that certifies the accuracy and
  392  quality of instructional materials in accordance with the
  393  criteria established under s. 1006.28 and other state laws
  394  relating to instructional materials.
  395         6. Incorporate applicable requirements of s. 1006.31, which
  396  relates to the duties of instructional materials reviewers.
  397         7. Incorporate applicable requirements of s. 1006.38,
  398  relating to the duties, responsibilities, and requirements of
  399  publishers of instructional materials.
  400         8. Establish the process by which instructional materials
  401  are adopted by the district school board, which must include:
  402         a. A process to allow student and teacher editions of
  403  recommended instructional materials to be accessed and viewed
  404  online by the public at least 45 20 calendar days before the
  405  district school board’s independent board hearing and public
  406  meeting as specified in this subparagraph. Failure to meet the
  407  45-calendar day deadline shall result in the hearing and public
  408  meeting being rescheduled. This process must include reasonable
  409  safeguards against the unauthorized use, reproduction, and
  410  distribution of instructional materials considered for adoption.
  411         b. An open, noticed school board hearing to receive public
  412  comment on the recommended instructional materials.
  413         c. An open, noticed public meeting to approve an annual
  414  instructional materials plan to identify any instructional
  415  materials that will be purchased through the district school
  416  board instructional materials review process pursuant to this
  417  section. This public meeting must be held at least 10 days after
  418  the last hearing to address objections to instructional
  419  materials as provided in s. 1006.28 to allow the school board
  420  adequate time to review the findings of the hearing officer.
  421  Failure to adhere to this timeline will render the school
  422  board’s adoption of materials void on a different date than the
  423  school board hearing.
  424         d. Notice requirements for the school board hearing and the
  425  public meeting that must specifically state which instructional
  426  materials are being reviewed and the manner in which the
  427  instructional materials can be accessed for public review. The
  428  hearing officer must allow the parent of a public school student
  429  or a resident of the county a minimum of 10 minutes per
  430  objection to proffer evidence that a recommended instructional
  431  material does not meet the criteria provided in s. 1006.31(2),
  432  taking into consideration course expectations based on the
  433  district’s comprehensive plan for student progression under s.
  434  1008.25(2) and course descriptions in the course code directory.
  435         9. Establish the process by which the district school board
  436  shall receive public comment on and accept or deny each of the
  437  findings of the independent hearing officer, and review, the
  438  recommended instructional materials.
  439         10. Establish the process by which instructional materials
  440  will be purchased, including advertising, bidding, and
  441  purchasing requirements. Purchased instructional materials must
  442  comply with Department of Education contract provisions. All bid
  443  contract terms, whether acquired from department-approved lists
  444  or under this section, are subject to public records requests
  445  during and after the acquisition process.
  446         11. Establish the process by which the school district will
  447  notify parents of their ability to access their children’s
  448  instructional materials through the district’s local
  449  instructional improvement system and by which the school
  450  district will encourage parents to access the system. This
  451  notification must be displayed prominently on the school
  452  district’s website and provided annually in written format to
  453  all parents of enrolled students.
  454         Section 6. Subsection (2) of section 1006.31, Florida
  455  Statutes, is amended to read:
  456         1006.31 Duties of the Department of Education and school
  457  district instructional materials reviewer.—The duties of the
  458  instructional materials reviewer are:
  460  selection criteria listed in s. 1006.34(2)(b) and recommend for
  461  adoption only those instructional materials aligned with or
  462  exceeding the Next Generation Sunshine State Standards provided
  463  for in s. 1003.41. Instructional materials recommended by each
  464  reviewer shall comply with all quality and content criteria
  465  established in state law, including an assurance that such
  466  materials are researched-based and proven to be effective in
  467  supporting student learning; are be, to the satisfaction of each
  468  reviewer, accurate and factual; provide, objective, balanced,
  469  and noninflammatory viewpoints on controversial issues; are,
  470  current, free of pornography and material prohibited under s.
  471  847.012; are of acceptable quality; are in full compliance with
  472  s. 847.012, s. 1003.42, and all other state laws relating to
  473  instructional materials;, and are suited to student needs and
  474  their ability to comprehend the material presented. Reviewers
  475  shall consider for recommendation materials developed for
  476  academically talented students, such as students enrolled in
  477  advanced placement courses. When recommending instructional
  478  materials, each reviewer shall:
  479         (a) Include only instructional materials that accurately
  480  portray the ethnic, socioeconomic, cultural, religious,
  481  physical, and racial diversity of our society, including men and
  482  women in professional, career, and executive roles, and the role
  483  and contributions of the entrepreneur and labor in the total
  484  development of this state and the United States. Instructional
  485  materials that are recommended must comply with s. 1002.206
  486  relating to religious expression in public schools.
  487         (b) Include only materials that accurately portray,
  488  whenever appropriate, humankind’s place in ecological systems,
  489  including the necessity for the protection of our environment
  490  and conservation of our natural resources and the effects on the
  491  human system of the use of tobacco, alcohol, controlled
  492  substances, and other dangerous substances.
  493         (c) Include materials that encourage thrift, fire
  494  prevention, and humane treatment of people and animals.
  495         (d) Require, when appropriate to the comprehension of
  496  students, that materials for social science, history, or civics
  497  classes contain the Declaration of Independence and the
  498  Constitution of the United States. A reviewer may not recommend
  499  any instructional materials that contain any matter that
  500  contradicts s. 1003.42(2)(a)-(f) or that reflects reflecting
  501  unfairly upon persons because of their race, color, creed,
  502  national origin, ancestry, gender, religion, disability,
  503  socioeconomic status, or occupation.
  504         Section 7. Paragraph (b) of subsection (2) of section
  505  1006.34, Florida Statutes, is amended to read:
  506         1006.34 Powers and duties of the commissioner and the
  507  department in selecting and adopting instructional materials.—
  509         (b) In the selection of instructional materials, library
  510  media, and other reading material used in the public school
  511  system, the standards used to determine the propriety of the
  512  material shall include:
  513         1. The age of the students who normally could be expected
  514  to have access to the material.
  515         2. The educational purpose to be served by the material.
  516  Priority shall be given to the selection of materials that align
  517  with or exceed the Next Generation Sunshine State Standards as
  518  provided for in s. 1003.41 and include the instructional
  519  objectives contained within the curriculum frameworks for career
  520  and technical education and adult and adult general education
  521  adopted by rule of the State Board of Education under s.
  522  1004.92.
  523         3. The degree to which the material would be supplemented
  524  and explained by mature classroom instruction as part of a
  525  normal classroom instructional program.
  526         4. The consideration of the broad racial, ethnic,
  527  socioeconomic, and cultural diversity of the students of this
  528  state.
  529         5.The requirements established in s. 1006.31(2).
  531  Any instructional material containing pornography or otherwise
  532  prohibited by s. 847.012 may not be used or made available
  533  within any public school.
  534         Section 8. Subsection (2), paragraphs (a) and (d) of
  535  subsection (3), and subsections (4) and (7) of section 1006.40,
  536  Florida Statutes, are amended to read:
  537         1006.40 Use of instructional materials allocation;
  538  instructional materials, library books, and reference books;
  539  repair of books.—
  540         (2) Each district school board must purchase current
  541  instructional materials to provide each student in kindergarten
  542  through grade 12 with a major tool of instruction in core
  543  courses of the subject areas of mathematics, language arts,
  544  science, social studies, reading, and literature. Such purchase
  545  must be made within the first 3 years after the effective date
  546  of the adoption cycle unless a district school board or a
  547  consortium of school districts has implemented an instructional
  548  materials program pursuant to s. 1006.283. Each district school
  549  board is encouraged to purchase originally sourced instructional
  550  materials and classical literature.
  551         (3)(a) Except for a school district or a consortium of
  552  school districts that implements an instructional materials
  553  program pursuant to s. 1006.283, each district school board
  554  shall use the annual allocation only for the purchase of
  555  instructional materials that align with or exceed state
  556  standards and are included on the state-adopted list, except as
  557  otherwise authorized in paragraphs (b) and (c).
  558         (d) All Any materials purchased pursuant to this section
  559  must be:
  560         1. free of pornography and material prohibited under s.
  561  847.012.
  562         2.Suited to student needs and their ability to comprehend
  563  the material presented.
  564         3.Appropriate for the grade level and age group for which
  565  the materials are used or made available.
  566         (4) Each district school board is responsible for the
  567  content and quality of all materials used in a classroom or
  568  otherwise made available to students and the compliance of such
  569  materials with state laws relating to instructional materials.
  570  Each district school board shall adopt rules, and each district
  571  school superintendent shall implement procedures, that:
  572         (a) Maximize student use of the district-approved
  573  instructional materials.
  574         (b) Provide a process for public review of, public comment
  575  on, formal objections to, appropriate hearings on, and the
  576  adoption of instructional materials that satisfies the
  577  requirements of s. 1006.283(2)(b)8., 9., and 11.
  578         (7) A district school board or a consortium of school
  579  districts that implements an instructional materials program
  580  pursuant to s. 1006.283 may use the annual allocation to
  581  purchase instructional materials not on the state-adopted list.
  582  However, instructional materials purchased pursuant to this
  583  section which are not included on the state-adopted list must
  584  meet the criteria of s. 1006.31(2), align with or exceed state
  585  standards adopted by the State Board of Education pursuant to s.
  586  1003.41, and be consistent with course expectations based on the
  587  district’s comprehensive plan for student progression and course
  588  descriptions adopted in state board rule.
  589         Section 9. This act shall take effect July 1, 2019.