Florida Senate - 2022 SB 1398 By Senator Berman 31-01471-22 20221398__ 1 A bill to be entitled 2 An act relating to required instruction in the history 3 of the Holocaust and the history of African Americans; 4 amending s. 1003.42, F.S.; requiring the Department of 5 Education to prepare and offer standards and 6 curriculum related to the history of African 7 Americans; authorizing the department to seek input 8 from certain entities for specified purposes; 9 authorizing the department to seek input from or 10 contract with specified entities to develop specified 11 training and resources; creating s. 1003.4551, F.S.; 12 requiring the department to annually verify that 13 school districts, charter schools, and specified 14 private schools implement certain instruction relating 15 to the history of the Holocaust and the history of 16 African Americans and providing requirements therefor; 17 requiring district school superintendents, charter 18 school principals, and private school directors or 19 similar administrators to annually provide specified 20 evidence to the department by a certain date; 21 providing penalties for failure to provide such 22 evidence; authorizing the State Board of Education to 23 adopt rules; amending s. 1008.22, F.S.; requiring 24 certain statewide, standardized assessments to include 25 curricula content from the history of the Holocaust 26 and the history of African Americans; providing an 27 effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Paragraph (h) of subsection (2) of section 32 1003.42, Florida Statutes, is amended to read: 33 1003.42 Required instruction.— 34 (2) Members of the instructional staff of the public 35 schools, subject to the rules of the State Board of Education 36 and the district school board, shall teach efficiently and 37 faithfully, using the books and materials required that meet the 38 highest standards for professionalism and historical accuracy, 39 following the prescribed courses of study, and employing 40 approved methods of instruction, the following: 41 (h) The history of African Americans, including the history 42 of African peoples before the political conflicts that led to 43 the development of slavery, the passage to America, the 44 enslavement experience, abolition, and the contributions of 45 African Americans to society. Instructional materials shall 46 include the contributions of African Americans to American 47 society. The department shall develop and offer standards and 48 curriculum for the instruction required by this paragraph and 49 may seek input from the Commissioner of Education’s African 50 American History Task Force or from any state or nationally 51 recognized African American history educational organization 52 during the development of such standards and curriculum. The 53 department may also seek input from the Commissioner of 54 Education’s African American History Task Force or contract with 55 a recognized museum of African American history to develop 56 training for instructional staff and grade-appropriate classroom 57 resources to support the developed curriculum. 58 59 The State Board of Education is encouraged to adopt standards 60 and pursue assessment of the requirements of this subsection. A 61 character development program that incorporates the values of 62 the recipients of the Congressional Medal of Honor and that is 63 offered as part of a social studies, English Language Arts, or 64 other schoolwide character building and veteran awareness 65 initiative meets the requirements of paragraphs (s) and (t). 66 Section 2. Section 1003.4551, Florida Statutes, is created 67 to read: 68 1003.4551 School district, charter school, and private 69 school implementation of the history of the Holocaust and the 70 history of African Americans.— 71 (1) Beginning in the 2023-2024 school year, the department 72 shall annually verify that each school district, charter school, 73 and private school implements the instruction required under s. 74 1003.42(2)(g) and (h), relating to the history of the Holocaust 75 and the history of African Americans, efficiently and faithfully 76 throughout the school district’s, charter school’s, or private 77 school’s entire curriculum, as appropriate. For purposes of this 78 section, the term “private school” means a private school that 79 accepts scholarship students who participate in a scholarship 80 program under chapter 1002. 81 (2) Beginning in the 2023-2024 school year, each school 82 district, charter school, and private school must: 83 (a) Develop, and each district school board, charter school 84 governing board, and private school director or similar 85 administrator must adopt, a plan for the implementation of the 86 history of the Holocaust and the history of African Americans 87 required instruction and publicize such plan in the school 88 district’s, charter school’s, or private school’s curriculum 89 guides and on the school district’s, charter school’s, or 90 private school’s website. 91 (b) Develop and implement an ongoing professional 92 development plan for training instructional staff in strategies 93 for teaching the history of the Holocaust and the history of 94 African Americans. The school district, charter school, or 95 private school must allocate adequate resources to structured 96 professional development programs and for enhancing the 97 instruction of the history of the Holocaust and the history of 98 African Americans in an infused format. 99 (c) Integrate curricula for the history of the Holocaust 100 and the history of African Americans which meet the requirements 101 of s. 1003.42(2)(g) and (h) as part of the school district’s, 102 charter school’s, or private school’s curriculum. Such curricula 103 must be distributed to curriculum specialists, teachers, media 104 specialists, and other instructional staff. The school district, 105 charter school, or private school must ensure that adequate 106 instructional resources, including, but not limited to, books, 107 compact discs, digital media, and lesson plans, are available to 108 support such instruction. 109 (d) Include the history of the Holocaust and the history of 110 African Americans content in lesson plans for the entire school 111 year, as appropriate. 112 (e) Approve methods for teaching and assessing the history 113 of the Holocaust and the history of African Americans curricula. 114 (f) Include the history of the Holocaust and the history of 115 African Americans content in any preparations for statewide 116 assessments, as appropriate. 117 (g) Include the history of the Holocaust and the history of 118 African Americans content in all appropriate subject areas. 119 (h) Partner with a state university for the development and 120 implementation of professional development, curricula, and 121 instructional support, including jointly seeking external 122 funding and preparing teachers and other instructional staff to 123 teach the history of the Holocaust and the history of African 124 Americans. 125 (i) Develop strategies to involve parents in the 126 implementation of the curricula for the history of the Holocaust 127 and the history of African Americans, including through 128 awareness information sessions. 129 (j) Partner with community members in the development and 130 ongoing implementation of the history of the Holocaust and the 131 history of African Americans curricula. To better connect 132 students to the study of African American history and allow 133 students to experience places, artifacts, and activities that 134 authentically represent and are connected to our nation’s 135 African American history, members of the instructional staff are 136 encouraged to include the use of the United States National Park 137 Service’s Teaching with Historic Places curriculum and tours of 138 locations listed on the National Register of Historic Places, 139 houses, parks, and cemeteries, in the study of the history of 140 African Americans when practicable. 141 (3) By August 1, 2023, and annually thereafter, each 142 district school superintendent, charter school principal, and 143 private school director or similar administrator shall provide 144 to the department, in a format prescribed by the department, 145 evidence of school district, charter school, and private school 146 compliance with subsection (2). If a district school 147 superintendent, charter school principal, or private school 148 director or similar administrator fails to provide such 149 evidence, he or she is subject to the following penalties: 150 (a) For a district school superintendent, he or she must 151 provide a written explanation to the district school board and 152 the Commissioner of Education to explain the district school 153 superintendent’s failure to provide such evidence. 154 (b) For a charter school principal, his or her charter 155 school is deemed in violation of its charter with the school 156 district until he or she provides such evidence. 157 (c) For a private school director or similar administrator, 158 his or her private school may not receive any state funds from a 159 scholarship program under chapter 1002 until he or she provides 160 such evidence. 161 (4) The State Board of Education may adopt rules to 162 administer this section. 163 Section 3. Paragraph (a) of subsection (3) of section 164 1008.22, Florida Statutes, is amended to read: 165 1008.22 Student assessment program for public schools.— 166 (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The 167 Commissioner of Education shall design and implement a 168 statewide, standardized assessment program aligned to the core 169 curricular content established in the Next Generation Sunshine 170 State Standards. The commissioner also must develop or select 171 and implement a common battery of assessment tools that will be 172 used in all juvenile justice education programs in the state. 173 These tools must accurately measure the core curricular content 174 established in the Next Generation Sunshine State Standards. 175 Participation in the assessment program is mandatory for all 176 school districts and all students attending public schools, 177 including adult students seeking a standard high school diploma 178 under s. 1003.4282 and students in Department of Juvenile 179 Justice education programs, except as otherwise provided by law. 180 If a student does not participate in the assessment program, the 181 school district must notify the student’s parent and provide the 182 parent with information regarding the implications of such 183 nonparticipation. The statewide, standardized assessment program 184 shall be designed and implemented as follows: 185 (a) Statewide, standardized comprehensive assessments.—The 186 statewide, standardized English Language Arts (ELA) assessments 187 shall be administered to students in grades 3 through 10. Retake 188 opportunities for the grade 10 ELA assessment must be provided. 189 Reading passages and writing prompts for ELA assessments shall 190 incorporate grade-level core curricula content from social 191 studies and, when appropriate, curricula content from the 192 history of the Holocaust and the history of African Americans. 193 The statewide, standardized Mathematics assessments shall be 194 administered annually in grades 3 through 8. The statewide, 195 standardized Science assessment shall be administered annually 196 at least once at the elementary and middle grades levels. In 197 order to earn a standard high school diploma, a student who has 198 not earned a passing score on the grade 10 ELA assessment must 199 earn a passing score on the assessment retake or earn a 200 concordant score as authorized under subsection (9). Statewide, 201 standardized ELA and Mathematics assessments in grades 3 through 202 6 must be delivered in a paper-based format. 203 Section 4. This act shall take effect July 1, 2022.