Florida Senate - 2022                                     SB 148
       By Senator Diaz
       36-01766B-22                                           2022148__
    1                        A bill to be entitled                      
    2         An act relating to individual freedom; amending s.
    3         760.10, F.S.; providing that subjecting any
    4         individual, as a condition of employment, membership,
    5         certification, licensing, credentialing, or passing an
    6         examination, to training, instruction, or any other
    7         required activity that espouses, promotes, advances,
    8         inculcates, or compels such individual to believe
    9         specified concepts constitutes discrimination based on
   10         race, color, sex, or national origin; providing
   11         construction; providing severability; amending s.
   12         1003.42, F.S.; revising the requirements for required
   13         instruction on health education; requiring such
   14         instruction to comport with certain principles;
   15         requiring civic and character education instead of a
   16         character development program; providing the
   17         requirements of such education; providing Legislative
   18         findings; requiring instruction to be consistent with
   19         specified principles of individual freedom;
   20         authorizing instructional personnel to facilitate
   21         discussions and use curricula to address, in an age
   22         appropriate manner, specified topics; prohibiting
   23         classroom instruction and curricula from being used to
   24         indoctrinate or persuade students in a manner
   25         inconsistent with certain principles or state academic
   26         standards; amending s. 1006.31, F.S.; prohibiting
   27         instructional materials reviewers from recommending
   28         instructional materials that contain any matter that
   29         contradicts certain principles; amending s. 1012.98,
   30         F.S.; requiring the Department of Education to review
   31         school district professional development systems for
   32         compliance with certain provisions of law; amending
   33         ss. 1002.20 and 1006.40, F.S.; conforming cross
   34         references; providing an effective date.
   36  Be It Enacted by the Legislature of the State of Florida:
   38         Section 1. Present subsections (8), (9), and (10) of
   39  section 760.10, Florida Statutes, are redesignated as
   40  subsections (9), (10), and (11), respectively, and a new
   41  subsection (8) and subsection (12) are added to that section, to
   42  read:
   43         760.10 Unlawful employment practices.—
   44         (8)(a)Subjecting any individual, as a condition of
   45  employment, membership, certification, licensing, credentialing,
   46  or passing an examination, to training, instruction, or any
   47  other required activity that espouses, promotes, advances,
   48  inculcates, or compels such individual to believe any of the
   49  following concepts constitutes discrimination based on race,
   50  color, sex, or national origin under this section:
   51         1.Members of one race, color, sex, or national origin are
   52  morally superior to members of another race, color, sex, or
   53  national origin.
   54         2.An individual, by virtue of his or her race, color, sex,
   55  or national origin, is inherently racist, sexist, or oppressive,
   56  whether consciously or unconsciously.
   57         3.An individual’s moral character or status as either
   58  privileged or oppressed is necessarily determined by his or her
   59  race, color, sex, or national origin.
   60         4.Members of one race, color, sex, or national origin
   61  cannot and should not attempt to treat others without respect to
   62  race, color, sex, or national origin.
   63         5.An individual, by virtue of his or her race, color, sex,
   64  or national origin, bears responsibility for, or should be
   65  discriminated against or receive adverse treatment because of,
   66  actions committed in the past by other members of the same race,
   67  color, sex, or national origin.
   68         6.An individual, by virtue of his or her race, color, sex,
   69  or national origin, should be discriminated against or receive
   70  adverse treatment to achieve diversity, equity, or inclusion.
   71         7.An individual should feel discomfort, guilt, anguish, or
   72  any other form of psychological distress on account of his or
   73  her race, color, sex, or national origin.
   74         8.Such virtues as merit, excellence, hard work, fairness,
   75  neutrality, objectivity, and racial colorblindness are racist or
   76  sexist, or were created by members of a particular race, color,
   77  sex, or national origin to oppress members of another race,
   78  color, sex, or national origin.
   79         (b)Paragraph (a) may not be construed to prohibit
   80  discussion of the concepts listed therein as part of a course of
   81  training or instruction, provided such training or instruction
   82  is given in an objective manner without endorsement of the
   83  concepts.
   84         (12)If any provision of this section or its application to
   85  any person or circumstance is held invalid, the invalidity does
   86  not affect other provisions or applications of the section which
   87  can be given effect without the invalid provision or
   88  application, and to this end the provisions of this section are
   89  severable.
   90         Section 2. Present subsection (3) of section 1003.42,
   91  Florida Statutes, is redesignated as subsection (4), a new
   92  subsection (3) is added to that section, and paragraph (b) of
   93  subsection (1) and subsection (2) of that section are amended,
   94  to read:
   95         1003.42 Required instruction.—
   96         (1)
   97         (b) All instructional materials, as defined in s.
   98  1006.29(2), used to teach reproductive health or any disease,
   99  including HIV/AIDS, its symptoms, development, and treatment, as
  100  part of the courses referenced in subsection (4) (3), must be
  101  annually approved by a district school board in an open, noticed
  102  public meeting.
  103         (2) Members of the instructional staff of the public
  104  schools, subject to the rules of the State Board of Education
  105  and the district school board, shall teach efficiently and
  106  faithfully, using the books and materials required that meet the
  107  highest standards for professionalism and historical accuracy,
  108  following the prescribed courses of study, and employing
  109  approved methods of instruction, the following:
  110         (a) The history and content of the Declaration of
  111  Independence, including national sovereignty, natural law, self
  112  evident truth, equality of all persons, limited government,
  113  popular sovereignty, and inalienable rights of life, liberty,
  114  and property, and how they form the philosophical foundation of
  115  our government.
  116         (b) The history, meaning, significance, and effect of the
  117  provisions of the Constitution of the United States and
  118  amendments thereto, with emphasis on each of the 10 amendments
  119  that make up the Bill of Rights and how the constitution
  120  provides the structure of our government.
  121         (c) The arguments in support of adopting our republican
  122  form of government, as they are embodied in the most important
  123  of the Federalist Papers.
  124         (d) Flag education, including proper flag display and flag
  125  salute.
  126         (e) The elements of civil government, including the primary
  127  functions of and interrelationships between the Federal
  128  Government, the state, and its counties, municipalities, school
  129  districts, and special districts.
  130         (f) The history of the United States, including the period
  131  of discovery, early colonies, the War for Independence, the
  132  Civil War, the expansion of the United States to its present
  133  boundaries, the world wars, and the civil rights movement to the
  134  present. American history shall be viewed as factual, not as
  135  constructed, shall be viewed as knowable, teachable, and
  136  testable, and shall be defined as the creation of a new nation
  137  based largely on the universal principles stated in the
  138  Declaration of Independence.
  139         (g)1. The history of the Holocaust (1933-1945), the
  140  systematic, planned annihilation of European Jews and other
  141  groups by Nazi Germany, a watershed event in the history of
  142  humanity, to be taught in a manner that leads to an
  143  investigation of human behavior, an understanding of the
  144  ramifications of prejudice, racism, and stereotyping, and an
  145  examination of what it means to be a responsible and respectful
  146  person, for the purposes of encouraging tolerance of diversity
  147  in a pluralistic society and for nurturing and protecting
  148  democratic values and institutions, including the policy,
  149  definition, and historical and current examples of anti
  150  Semitism, as described in s. 1000.05(7), and the prevention of
  151  anti-Semitism. Each school district must annually certify and
  152  provide evidence to the department, in a manner prescribed by
  153  the department, that the requirements of this paragraph are met.
  154  The department shall prepare and offer standards and curriculum
  155  for the instruction required by this paragraph and may seek
  156  input from the Commissioner of Education’s Task Force on
  157  Holocaust Education or from any state or nationally recognized
  158  Holocaust educational organizations. The department may contract
  159  with any state or nationally recognized Holocaust educational
  160  organizations to develop training for instructional personnel
  161  and grade-appropriate classroom resources to support the
  162  developed curriculum.
  163         2. The second week in November shall be designated as
  164  “Holocaust Education Week” in this state in recognition that
  165  November is the anniversary of Kristallnacht, widely recognized
  166  as a precipitating event that led to the Holocaust.
  167         (h) The history of African Americans, including the history
  168  of African peoples before the political conflicts that led to
  169  the development of slavery, the passage to America, the
  170  enslavement experience, abolition, and the contributions of
  171  African Americans to society. Instructional materials shall
  172  include the contributions of African Americans to American
  173  society.
  174         (i) The elementary principles of agriculture.
  175         (j) The true effects of all alcoholic and intoxicating
  176  liquors and beverages and narcotics upon the human body and
  177  mind.
  178         (k) Kindness to animals.
  179         (l) The history of the state.
  180         (m) The conservation of natural resources.
  181         (n)1. Comprehensive age-appropriate and developmentally
  182  appropriate K-12 instruction on health education that addresses:
  183         1.Health education that addresses concepts of community
  184  health, consumer health, environmental health, and family life,
  185  including:
  186         a.Mental and emotional health.
  187         b. Injury prevention and safety.
  188         b.c. Internet safety.
  189         c.d. Nutrition.
  190         d.e. Personal health.
  191         e.f. Prevention and control of disease.
  192         f.g. Substance use and abuse.
  193         g.h. Prevention of child sexual abuse, exploitation, and
  194  human trafficking.
  195         2. The health education curriculum For students in grades 7
  196  through 12, shall include a teen dating violence and abuse. This
  197  component must include that includes, but is not limited to, the
  198  definition of dating violence and abuse, the warning signs of
  199  dating violence and abusive behavior, the characteristics of
  200  healthy relationships, measures to prevent and stop dating
  201  violence and abuse, and community resources available to victims
  202  of dating violence and abuse.
  203         3. The health education curriculum For students in grades 6
  204  through 12, shall include an awareness of the benefits of sexual
  205  abstinence as the expected standard and the consequences of
  206  teenage pregnancy.
  207         4.Life skills that build confidence, support mental and
  208  emotional health, and enable students to overcome challenges,
  209  including:
  210         a.Self-awareness and self-management.
  211         b.Responsible decisionmaking.
  212         c.Resiliency.
  213         d.Relationship skills and conflict resolution.
  214         e.Understanding and respecting other viewpoints and
  215  backgrounds.
  216         f.For grades 9 through 12, developing leadership skills,
  217  interpersonal skills, organization skills, and research skills;
  218  creating a resume, including a digital resume; exploring career
  219  pathways; using state career planning resources; developing and
  220  practicing the skills necessary for employment interviews;
  221  workplace ethics and workplace law; managing stress and
  222  expectations; and self-motivation.
  224  Health education and life skills instruction and materials may
  225  not contradict the principles enumerated in subsection (3).
  226         (o) Such additional materials, subjects, courses, or fields
  227  in such grades as are prescribed by law or by rules of the State
  228  Board of Education and the district school board in fulfilling
  229  the requirements of law.
  230         (p) The study of Hispanic contributions to the United
  231  States.
  232         (q) The study of women’s contributions to the United
  233  States.
  234         (r) The nature and importance of free enterprise to the
  235  United States economy.
  236         (s) Civic and character education on A character
  237  development program in the elementary schools, similar to
  238  Character First or Character Counts, which is secular in nature.
  239  Beginning in school year 2004-2005, the character development
  240  program shall be required in kindergarten through grade 12. Each
  241  district school board shall develop or adopt a curriculum for
  242  the character development program that shall be submitted to the
  243  department for approval.
  244         1. The character development curriculum shall stress the
  245  qualities and responsibilities of patriotism and;
  246  responsibility; citizenship, including,; kindness; respect for
  247  authority, life, liberty, and personal property; honesty;
  248  charity; self-control; racial, ethnic, and religious tolerance;
  249  and cooperation, and,.
  250         2. The character development curriculum for grades 9
  251  through 12 shall, at a minimum, include instruction on
  252  developing leadership skills, interpersonal skills, organization
  253  skills, and research skills; creating a resume, including a
  254  digital resume; exploring career pathways; using state career
  255  planning resources; developing and practicing the skills
  256  necessary for employment interviews; conflict resolution,
  257  workplace ethics, and workplace law; managing stress and
  258  expectations; and developing skills that enable students to
  259  become more resilient and self-motivated.
  260         3. The character development curriculum for grades 11 and
  261  12, shall include instruction on voting using the uniform
  262  primary and general election ballot described in s. 101.151(9).
  263         (t) In order to encourage patriotism, the sacrifices that
  264  veterans and Medal of Honor recipients have made in serving our
  265  country and protecting democratic values worldwide. Such
  266  instruction must occur on or before Medal of Honor Day,
  267  Veterans’ Day, and Memorial Day. Members of the instructional
  268  staff are encouraged to use the assistance of local veterans and
  269  Medal of Honor recipients when practicable.
  271  The State Board of Education is encouraged to adopt standards
  272  and pursue assessment of the requirements of this subsection.
  273  Instructional programming A character development program that
  274  incorporates the values of the recipients of the Congressional
  275  Medal of Honor and that is offered as part of a social studies,
  276  English Language Arts, or other schoolwide character building
  277  and veteran awareness initiative meets the requirements of
  278  paragraph (t) paragraphs (s) and (t).
  279         (3)The Legislature acknowledges the fundamental truth that
  280  all individuals are equal before the law and have inalienable
  281  rights. Accordingly, instruction on the topics enumerated in
  282  this section and supporting materials must be consistent with
  283  the following principles of individual freedom:
  284         (a)No individual is inherently racist, sexist, or
  285  oppressive, whether consciously or unconsciously, solely by
  286  virtue of his or her race or sex.
  287         (b)No race is inherently superior to another race.
  288         (c)No individual should be discriminated against or
  289  receive adverse treatment solely or partly on the basis of race,
  290  color, national origin, religion, disability, or sex.
  291         (d)Meritocracy or traits such as a hard work ethic are not
  292  racist but fundamental to the right to pursue happiness and be
  293  rewarded for industry.
  294         (e)An individual, by virtue of his or her race or sex,
  295  does not bear responsibility for actions committed in the past
  296  by other members of the same race or sex.
  297         (f)An individual should not be made to feel discomfort,
  298  guilt, anguish, or any other form of psychological distress on
  299  account of his or her race.
  301  Instructional personnel may facilitate discussions and use
  302  curricula to address, in an age-appropriate manner, the topics
  303  of sexism, slavery, racial oppression, racial segregation, and
  304  racial discrimination, including topics relating to the
  305  enactment and enforcement of laws resulting in sexism, racial
  306  oppression, racial segregation, and racial discrimination.
  307  However, classroom instruction and curriculum may not be used to
  308  indoctrinate or persuade students to a particular point of view
  309  inconsistent with the principles of this subsection or state
  310  academic standards.
  311         Section 3. Paragraph (d) of subsection (2) of section
  312  1006.31, Florida Statutes, is amended to read:
  313         1006.31 Duties of the Department of Education and school
  314  district instructional materials reviewer.—The duties of the
  315  instructional materials reviewer are:
  317  selection criteria listed in s. 1006.34(2)(b) and recommend for
  318  adoption only those instructional materials aligned with the
  319  Next Generation Sunshine State Standards provided for in s.
  320  1003.41. Instructional materials recommended by each reviewer
  321  shall be, to the satisfaction of each reviewer, accurate,
  322  objective, balanced, noninflammatory, current, free of
  323  pornography and material prohibited under s. 847.012, and suited
  324  to student needs and their ability to comprehend the material
  325  presented. Reviewers shall consider for recommendation materials
  326  developed for academically talented students, such as students
  327  enrolled in advanced placement courses. When recommending
  328  instructional materials, each reviewer shall:
  329         (d) Require, when appropriate to the comprehension of
  330  students, that materials for social science, history, or civics
  331  classes contain the Declaration of Independence and the
  332  Constitution of the United States. A reviewer may not recommend
  333  any instructional materials that contain any matter reflecting
  334  unfairly upon persons because of their race, color, creed,
  335  national origin, ancestry, gender, religion, disability,
  336  socioeconomic status, or occupation or otherwise contradict the
  337  principles enumerated under s. 1003.42(3).
  338         Section 4. Paragraph (b) of subsection (4) of section
  339  1012.98, Florida Statutes, is amended to read:
  340         1012.98 School Community Professional Development Act.—
  341         (4) The Department of Education, school districts, schools,
  342  Florida College System institutions, and state universities
  343  share the responsibilities described in this section. These
  344  responsibilities include the following:
  345         (b) Each school district shall develop a professional
  346  development system as specified in subsection (3). The system
  347  shall be developed in consultation with teachers, teacher
  348  educators of Florida College System institutions and state
  349  universities, business and community representatives, and local
  350  education foundations, consortia, and professional
  351  organizations. The professional development system must:
  352         1. Be reviewed and approved by the department for
  353  compliance with s. 1003.42(3) and this section. All substantial
  354  revisions to the system shall be submitted to the department for
  355  review for continued approval.
  356         2. Be based on analyses of student achievement data and
  357  instructional strategies and methods that support rigorous,
  358  relevant, and challenging curricula for all students. Schools
  359  and districts, in developing and refining the professional
  360  development system, shall also review and monitor school
  361  discipline data; school environment surveys; assessments of
  362  parental satisfaction; performance appraisal data of teachers,
  363  managers, and administrative personnel; and other performance
  364  indicators to identify school and student needs that can be met
  365  by improved professional performance.
  366         3. Provide inservice activities coupled with followup
  367  support appropriate to accomplish district-level and school
  368  level improvement goals and standards. The inservice activities
  369  for instructional personnel shall focus on analysis of student
  370  achievement data, ongoing formal and informal assessments of
  371  student achievement, identification and use of enhanced and
  372  differentiated instructional strategies that emphasize rigor,
  373  relevance, and reading in the content areas, enhancement of
  374  subject content expertise, integrated use of classroom
  375  technology that enhances teaching and learning, classroom
  376  management, parent involvement, and school safety.
  377         4. Provide inservice activities and support targeted to the
  378  individual needs of new teachers participating in the
  379  professional development certification and education competency
  380  program under s. 1012.56(8)(a).
  381         5. Include a master plan for inservice activities, pursuant
  382  to rules of the State Board of Education, for all district
  383  employees from all fund sources. The master plan shall be
  384  updated annually by September 1, must be based on input from
  385  teachers and district and school instructional leaders, and must
  386  use the latest available student achievement data and research
  387  to enhance rigor and relevance in the classroom. Each district
  388  inservice plan must be aligned to and support the school-based
  389  inservice plans and school improvement plans pursuant to s.
  390  1001.42(18). Each district inservice plan must provide a
  391  description of the training that middle grades instructional
  392  personnel and school administrators receive on the district’s
  393  code of student conduct adopted pursuant to s. 1006.07;
  394  integrated digital instruction and competency-based instruction
  395  and CAPE Digital Tool certificates and CAPE industry
  396  certifications; classroom management; student behavior and
  397  interaction; extended learning opportunities for students; and
  398  instructional leadership. District plans must be approved by the
  399  district school board annually in order to ensure compliance
  400  with subsection (1) and to allow for dissemination of research
  401  based best practices to other districts. District school boards
  402  must submit verification of their approval to the Commissioner
  403  of Education no later than October 1, annually. Each school
  404  principal may establish and maintain an individual professional
  405  development plan for each instructional employee assigned to the
  406  school as a seamless component to the school improvement plans
  407  developed pursuant to s. 1001.42(18). An individual professional
  408  development plan must be related to specific performance data
  409  for the students to whom the teacher is assigned, define the
  410  inservice objectives and specific measurable improvements
  411  expected in student performance as a result of the inservice
  412  activity, and include an evaluation component that determines
  413  the effectiveness of the professional development plan.
  414         6. Include inservice activities for school administrative
  415  personnel that address updated skills necessary for
  416  instructional leadership and effective school management
  417  pursuant to s. 1012.986.
  418         7. Provide for systematic consultation with regional and
  419  state personnel designated to provide technical assistance and
  420  evaluation of local professional development programs.
  421         8. Provide for delivery of professional development by
  422  distance learning and other technology-based delivery systems to
  423  reach more educators at lower costs.
  424         9. Provide for the continuous evaluation of the quality and
  425  effectiveness of professional development programs in order to
  426  eliminate ineffective programs and strategies and to expand
  427  effective ones. Evaluations must consider the impact of such
  428  activities on the performance of participating educators and
  429  their students’ achievement and behavior.
  430         10. For middle grades, emphasize:
  431         a. Interdisciplinary planning, collaboration, and
  432  instruction.
  433         b. Alignment of curriculum and instructional materials to
  434  the state academic standards adopted pursuant to s. 1003.41.
  435         c. Use of small learning communities; problem-solving,
  436  inquiry-driven research and analytical approaches for students;
  437  strategies and tools based on student needs; competency-based
  438  instruction; integrated digital instruction; and project-based
  439  instruction.
  441  Each school that includes any of grades 6, 7, or 8 must include
  442  in its school improvement plan, required under s. 1001.42(18), a
  443  description of the specific strategies used by the school to
  444  implement each item listed in this subparagraph.
  445         11. Provide training to reading coaches, classroom
  446  teachers, and school administrators in effective methods of
  447  identifying characteristics of conditions such as dyslexia and
  448  other causes of diminished phonological processing skills;
  449  incorporating instructional techniques into the general
  450  education setting which are proven to improve reading
  451  performance for all students; and using predictive and other
  452  data to make instructional decisions based on individual student
  453  needs. The training must help teachers integrate phonemic
  454  awareness; phonics, word study, and spelling; reading fluency;
  455  vocabulary, including academic vocabulary; and text
  456  comprehension strategies into an explicit, systematic, and
  457  sequential approach to reading instruction, including
  458  multisensory intervention strategies. Each district must provide
  459  all elementary grades instructional personnel access to training
  460  sufficient to meet the requirements of s. 1012.585(3)(f).
  461         Section 5. Paragraph (d) of subsection (3) of section
  462  1002.20, Florida Statutes, is amended to read:
  463         1002.20 K-12 student and parent rights.—Parents of public
  464  school students must receive accurate and timely information
  465  regarding their child’s academic progress and must be informed
  466  of ways they can help their child to succeed in school. K-12
  467  students and their parents are afforded numerous statutory
  468  rights including, but not limited to, the following:
  469         (3) HEALTH ISSUES.—
  470         (d) Reproductive health and disease education.—A public
  471  school student whose parent makes written request to the school
  472  principal shall be exempted from the teaching of reproductive
  473  health or any disease, including HIV/AIDS, in accordance with s.
  474  1003.42(4) s. 1003.42(3). Each school district shall, on the
  475  district’s website homepage, notify parents of this right and
  476  the process to request an exemption. The homepage must include a
  477  link for a student’s parent to access and review the
  478  instructional materials, as defined in s. 1006.29(2), used to
  479  teach the curriculum.
  480         Section 6. Paragraph (b) of subsection (4) of section
  481  1006.40, Florida Statutes, is amended to read:
  482         1006.40 Use of instructional materials allocation;
  483  instructional materials, library books, and reference books;
  484  repair of books.—
  485         (4) Each district school board is responsible for the
  486  content of all materials used in a classroom or otherwise made
  487  available to students. Each district school board shall adopt
  488  rules, and each district school superintendent shall implement
  489  procedures, that:
  490         (b) Provide a process for public review of, public comment
  491  on, and the adoption of instructional materials, including
  492  instructional materials used to teach reproductive health or any
  493  disease, including HIV/AIDS, under ss. 1003.42(4) and 1003.46
  494  ss. 1003.42(3) and 1003.46, which satisfies the requirements of
  495  s. 1006.283(2)(b)8., 9., and 11.
  496         Section 7. This act shall take effect July 1, 2022.