Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS/HB 1467, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/02/2022           .                                
                Floor: 1/AD/2R         .            Floor: C            
             03/09/2022 05:05 PM       .      03/10/2022 05:38 PM       

       The Committee on Rules (Gruters) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 43 - 290
    4  and insert:
    5  for 12 consecutive years. Service of a term of office which
    6  commenced before November 8, 2022, will not be counted toward
    7  the limitation imposed by this section.
    8         Section 2. Paragraphs (a) and (d) of subsection (2) and
    9  subsection (4) of section 1006.28, Florida Statutes, are
   10  amended, and paragraph (e) is added to subsection (2) of that
   11  section, to read:
   12         1006.28 Duties of district school board, district school
   13  superintendent; and school principal regarding K-12
   14  instructional materials.—
   15         (2) DISTRICT SCHOOL BOARD.—The district school board has
   16  the constitutional duty and responsibility to select and provide
   17  adequate instructional materials for all students in accordance
   18  with the requirements of this part. The district school board
   19  also has the following specific duties and responsibilities:
   20         (a) Courses of study; adoption.—Adopt courses of study,
   21  including instructional materials, for use in the schools of the
   22  district.
   23         1. Each district school board is responsible for the
   24  content of all instructional materials and any other materials
   25  used in a classroom, made available in a school library, or
   26  included on a reading list, whether adopted and purchased from
   27  the state-adopted instructional materials list, adopted and
   28  purchased through a district instructional materials program
   29  under s. 1006.283, or otherwise purchased or made available.
   30  Each district school board shall maintain on its website a
   31  current list of instructional materials, by grade level,
   32  purchased by the district.
   33         2. Each district school board must adopt a policy regarding
   34  an objection by a parent or a resident of the county to the use
   35  of a specific instructional material, which clearly describes a
   36  process to handle all objections and provides for resolution.
   37  The process must provide the parent or resident the opportunity
   38  to proffer evidence to the district school board that:
   39         a. An instructional material does not meet the criteria of
   40  s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in
   41  a course or otherwise made available to students in the school
   42  district but was not subject to the public notice, review,
   43  comment, and hearing procedures under s. 1006.283(2)(b)8., 9.,
   44  and 11.
   45         b. Any material used in a classroom, made available in a
   46  school library, or included on a reading list contains content
   47  that is pornographic or prohibited under s. 847.012, is not
   48  suited to student needs and their ability to comprehend the
   49  material presented, or is inappropriate for the grade level and
   50  age group for which the material is used.
   52  If the district school board finds that an instructional
   53  material does not meet the criteria under sub-subparagraph a. or
   54  that any other material contains prohibited content under sub
   55  subparagraph b., the school district shall discontinue use of
   56  the material for any grade level or age group for which such use
   57  is inappropriate or unsuitable.
   58         3. Each district school board must establish a process by
   59  which the parent of a public school student or a resident of the
   60  county may contest the district school board’s adoption of a
   61  specific instructional material. The parent or resident must
   62  file a petition, on a form provided by the school board, within
   63  30 calendar days after the adoption of the instructional
   64  material by the school board. The school board must make the
   65  form available to the public and publish the form on the school
   66  district’s website. The form must be signed by the parent or
   67  resident, include the required contact information, and state
   68  the objection to the instructional material based on the
   69  criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days
   70  after the 30-day period has expired, the school board must, for
   71  all petitions timely received, conduct at least one open public
   72  hearing before an unbiased and qualified hearing officer. The
   73  hearing officer may not be an employee or agent of the school
   74  district. The hearing is not subject to the provisions of
   75  chapter 120; however, the hearing must provide sufficient
   76  procedural protections to allow each petitioner an adequate and
   77  fair opportunity to be heard and present evidence to the hearing
   78  officer. The school board’s decision after convening a hearing
   79  is final and not subject to further petition or review.
   80         4.Meetings of committees convened for the purpose of
   81  ranking, eliminating, or selecting instructional materials for
   82  recommendation to the district school board must be noticed and
   83  open to the public in accordance with s. 286.011. Any committees
   84  convened for such purposes must include parents of district
   85  students.
   86         (d) School library media services; establishment and
   87  maintenance.—Establish and maintain a program of school library
   88  media services for all public schools in the district, including
   89  school library media centers, or school library media centers
   90  open to the public, and, in addition such traveling or
   91  circulating libraries as may be needed for the proper operation
   92  of the district school system. Beginning January 1, 2023, Each
   93  school district shall provide training to school librarians, and
   94  media specialists, and other personnel involved in the selection
   95  of school district library materials must complete the training
   96  program developed pursuant to s. 1006.29(6) before reviewing and
   97  selecting regarding the prohibition against distributing harmful
   98  materials to minors under s. 847.012 and applicable case law,
   99  and best practices for providing students access to age
  100  appropriate materials and library resources. Upon written
  101  request, a school district shall provide access to any material
  102  or book specified in the request that is maintained in a
  103  district school system library and is available for review.
  104         1.Each book made available to students through a school
  105  district library media center or included in a recommended or
  106  assigned school or grade-level reading list must be selected by
  107  a school district employee who holds a valid educational media
  108  specialist certificate, regardless of whether the book is
  109  purchased, donated, or otherwise made available to students.
  110         2.Each district school board shall adopt procedures for
  111  developing library media center collections and post the
  112  procedures on the website for each school within the district.
  113  The procedures must:
  114         a.Require that book selections meet the criteria in s.
  115  1006.40(3)(d).
  116         b.Require consultation of reputable, professionally
  117  recognized reviewing periodicals and school community
  118  stakeholders.
  119         c.Provide for library media center collections based on
  120  reader interest, support of state academic standards and aligned
  121  curriculum, and the academic needs of students and faculty.
  122         d.Provide for the regular removal or discontinuance of
  123  books based on, at a minimum, physical condition, rate of recent
  124  circulation, alignment to state academic standards and relevancy
  125  to curriculum, out-of-date content, and required removal
  126  pursuant to subparagraph (a)2.
  127         3.Each elementary school must publish on its website, in a
  128  searchable format prescribed by the department, a list of all
  129  materials maintained in the school library media center or
  130  required as part of a school or grade-level reading list.
  131         (e)Public participation.—Publish on its website, in a
  132  searchable format prescribed by the department, a list of all
  133  instructional materials, including those used to provide
  134  instruction required by s. 1003.42. Each district school board
  135  must:
  136         1.Provide access to all materials, excluding teacher
  137  editions, in accordance with s. 1006.283(2)(b)8.a. before the
  138  district school board takes any official action on such
  139  materials. This process must include reasonable safeguards
  140  against the unauthorized use, reproduction, and distribution of
  141  instructional materials considered for adoption.
  142         2.Select, approve, adopt, or purchase all materials as a
  143  separate line item on the agenda and must provide a reasonable
  144  opportunity for public comment. The use of materials described
  145  in this paragraph may not be selected, approved, or adopted as
  146  part of a consent agenda.
  147         3.Annually, beginning June 30, 2023, submit to the
  148  Commissioner of Education a report that identifies:
  149         a.Each material for which the school district received an
  150  objection pursuant to subparagraph (a)2. for the school year and
  151  the specific objections thereto.
  152         b.Each material that was removed or discontinued as a
  153  result of an objection.
  154         c.The grade level and course for which a removed or
  155  discontinued material was used, as applicable.
  157  The department shall publish and regularly update a list of
  158  materials that were removed or discontinued as a result of an
  159  objection and disseminate the list to school districts for
  160  consideration in their selection procedures.
  161         (4) SCHOOL PRINCIPAL.—The school principal has the
  162  following duties for the management and care of instructional
  163  materials at the school:
  164         (a) Proper use of instructional materials.—The principal
  165  shall assure that instructional materials are used to provide
  166  instruction to students enrolled at the grade level or levels
  167  for which the materials are designed, pursuant to adopted
  168  district school board rule. The school principal shall
  169  communicate to parents the manner in which instructional
  170  materials are used to implement the curricular objectives of the
  171  school.
  172         (b) Money collected for lost or damaged instructional
  173  materials; enforcement.—The school principal shall collect from
  174  each student or the student’s parent the purchase price of any
  175  instructional material the student has lost, destroyed, or
  176  unnecessarily damaged and to report and transmit the money
  177  collected to the district school superintendent. The failure to
  178  collect such sum upon reasonable effort by the school principal
  179  may result in the suspension of the student from participation
  180  in extracurricular activities or satisfaction of the debt by the
  181  student through community service activities at the school site
  182  as determined by the school principal, pursuant to policies
  183  adopted by district school board rule.
  184         (c) Sale of instructional materials.—The school principal,
  185  upon request of the parent of a student in the school, shall
  186  sell to the parent any instructional materials used in the
  187  school. All such sales shall be made pursuant to rule adopted by
  188  the district school board, and the principal shall annually
  189  provide information to parents that they may purchase
  190  instructional materials and how to purchase the materials.
  191         (d) Disposition of funds.—All money collected from the
  192  sale, exchange, loss, or damage of instructional materials shall
  193  be transmitted to the district school superintendent to be
  194  deposited in the district school board fund and added to the
  195  district appropriation for instructional materials.
  196         (e) Accounting for instructional materials.—Principals
  197  shall see that all instructional materials are fully and
  198  properly accounted for as prescribed by adopted rules of the
  199  district school board.
  200         (f)Selection of library media center materials.—School
  201  principals are responsible for overseeing compliance with school
  202  district procedures for selecting school library media center
  203  materials at the school to which they are assigned.
  204         Section 3. Subsection (2) of section 1006.29, Florida
  205  Statutes, is amended, and subsection (6) is added to that
  206  section, to read:
  207         1006.29 State instructional materials reviewers.—
  208         (2) For purposes of this part state adoption, the term
  209  “instructional materials” means items having intellectual
  210  content that by design serve as a major tool for assisting in
  211  the instruction of a subject or course. These items may be
  212  available in bound, unbound, kit, or package form and may
  213  consist of hardbacked or softbacked textbooks, electronic
  214  content, consumables, learning laboratories, manipulatives,
  215  electronic media, and computer courseware or software. A
  216  publisher or manufacturer providing instructional materials as a
  217  single bundle shall also make the instructional materials
  218  available as separate and unbundled items, each priced
  219  individually. A publisher may also offer sections of state
  220  adopted instructional materials in digital or electronic
  221  versions at reduced rates to districts, schools, and teachers.
  222         (6) The department shall develop an online training program
  223  for school librarians, media specialists, and other personnel
  224  involved in the selection and maintenance of library media and
  225  collections or materials maintained on a reading list. This
  226  training must assist reviewers in complying with the
  227  requirements of s. 1006.31(2). The department shall make this
  228  training available no later than January 1, 2023. No later than
  229  July 1, 2023, and annually thereafter, each superintendent must
  230  certify to the department that all school librarians and media
  231  specialists employed by the district have completed the online
  232  training program.
  233         Section 4. Paragraph (b) of subsection (4) of section
  234  1006.40, Florida Statutes, is amended to read:
  235         1006.40 Use of instructional materials allocation;
  236  instructional materials, library books, and reference books;
  237  repair of books.—
  238         (4) Each district school board is responsible for the
  239  content of all materials used in a classroom or otherwise made
  240  available to students. Each district school board shall adopt
  241  rules, and each district school superintendent shall implement
  242  procedures, that:
  243         (b) Provide a process for public review of, public comment
  244  on, and the adoption of instructional materials, including those
  245  instructional materials used to provide instruction required by
  246  s. 1003.42 teach reproductive health or any disease, including
  247  HIV/AIDS, under ss. 1003.42(3) and 1003.46, which satisfies the
  248  requirements of s. 1006.283(2)(b)8., 9., and 11.
  249         Section 5. Subsection (2) of section 1011.67, Florida
  250  Statutes, is amended to read:
  251         1011.67 Funds for instructional materials.—
  252         (2) Annually by July 1 and before the release of
  253  instructional materials funds, each district school
  254  superintendent shall certify to the Commissioner of Education
  255  that the district school board has approved a comprehensive
  256  staff development plan that supports fidelity of implementation
  257  of instructional materials programs, including verification that
  258  training was provided; that the materials are being implemented
  259  as designed; and, beginning July 1, 2021, for core reading
  260  materials and reading intervention materials used in
  261  kindergarten through grade 5, that the materials meet the
  262  requirements of s. 1001.215(8). Such instructional materials, as
  263  evaluated and identified pursuant to s. 1001.215(4), may be
  264  purchased by the school district with funds under this section
  265  without undergoing the adoption procedures under s.
  266  1006.40(4)(b). The certification must identify any material that
  267  received an objection pursuant to s. 1006.28 for the school year
  268  and the specific objections thereto, each material that was
  269  removed or discontinued as a result of an objection, and the
  270  grade level and course for which a removed or discontinued
  271  material was used, as applicable. This subsection does not
  272  preclude school districts from purchasing or using other
  273  materials to supplement reading instruction and provide
  274  additional skills practice.
  275         Section 6. This act shall take effect July 1, 2022.
  277  ================= T I T L E  A M E N D M E N T ================
  278  And the title is amended as follows:
  279         Delete lines 12 - 31
  280  and insert:
  281         specified training by a certain date; requiring
  282         certain materials to be selected by employees who meet
  283         specified criteria; requiring district school boards
  284         to adopt procedures for developing library media
  285         center collections; providing requirements for such
  286         procedures; requiring elementary schools, district
  287         school boards, and the Department of Education to post
  288         on their websites specified information relating to
  289         instructional materials and other materials in certain
  290         formats; providing district school board requirements;
  291         providing that school principals are responsible for
  292         overseeing compliance with specified procedures
  293         relating to library media center materials; amending
  294         s. 1006.29, F.S.; requiring the department to develop
  295         a training program for the selection of materials used
  296         in schools and library media centers by a certain
  297         date; amending s. 1006.40, F.S.; revising district
  298         school board requirements for the selection and
  299         adoption of certain materials; amending s. 1011.67,
  300         F.S.; requiring that the certification by district
  301         school superintendents to the Commissioner of
  302         Education identifies instructional materials that are
  303         the subject of an objection and provides specified
  304         information related to the objection; providing an
  305         effective date.