Florida Senate - 2023 SB 1320
By Senator Yarborough
4-01766B-23 20231320__
1 A bill to be entitled
2 An act relating to child protection in public schools;
3 amending s. 1000.21, F.S.; defining the term “sex”;
4 creating s. 1001.07, F.S.; defining the term “sex”;
5 prohibiting an employee, contractor, or student of a
6 public school from being required to refer to a person
7 using personal titles or pronouns that do not
8 correspond with that person’s sex; prohibiting
9 employees and contractors from providing a pronoun or
10 personal title to students which does not correspond
11 with his or her sex; providing that students may not
12 be asked for preferred personal titles or pronouns or
13 penalized for not providing such information;
14 authorizing the State Board of Education to adopt
15 rules; amending s. 1001.42, F.S.; prohibiting
16 classroom instruction by school personnel on sexual
17 orientation or gender identity until grade 9; deleting
18 a provision authorizing a parent to bring an action
19 against a school district for a declaratory judgment;
20 amending s. 1003.42, F.S.; providing that materials
21 used to teach reproductive health or any disease as
22 part of certain courses must be approved by the
23 Department of Education; amending s. 1003.46, F.S.;
24 requiring that instruction in acquired immune
25 deficiency syndrome, sexually transmitted diseases,
26 and health education identify males and females as
27 provided in a specified provision and teach that the
28 male and female reproductive roles are binary, stable,
29 and unchangeable; requiring that such instructional
30 materials be approved by the department; amending s.
31 1006.28, F.S.; providing that district school boards
32 are responsible for materials used in classroom
33 libraries; requiring that a specified objection form
34 and the district school board’s process for handling
35 objections be easy to read and easily accessible on
36 school districts’ website homepages; expanding the
37 criteria for materials used in the classroom,
38 available in the school library, or included on a
39 reading list under which a parent or resident may
40 bring an objection; requiring that certain materials
41 be unavailable to students until the resolution of any
42 objection; providing requirements for certain meetings
43 of school district committees relating to
44 instructional materials; revising certain district
45 school board procedures relating to library media
46 center collections; revising elementary school
47 requirements relating to materials in specified
48 libraries; requiring district school boards to adopt
49 and publish a specified process relating to student
50 access to certain materials; revising district school
51 board reporting requirements relating to materials
52 that received certain objections; requiring school
53 principals to communicate to parents the procedures
54 for contesting the adoption and use of instructional
55 materials; reenacting ss. 1000.05(2), (3), (4)(a), (5)
56 and (7)(d), 1001.453(2)(c), 1002.42(3)(a),
57 1003.27(2)(b) and (c), 1003.42(3)(a), (c), (e), and
58 (f), 1004.43(2), 1006.205(2)(b) and (3), 1009.23(7),
59 1009.24(10)(b), 1009.983(6), 1009.986(3)(e), and
60 1014.05(1)(c), (d), and (f), F.S., relating to
61 biological sex, to incorporate the amendment made to
62 s. 1000.21, F.S., in references thereto; providing for
63 severability; providing an effective date.
64
65 Be It Enacted by the Legislature of the State of Florida:
66
67 Section 1. Subsection (9) is added to section 1000.21,
68 Florida Statutes, to read:
69 1000.21 Systemwide definitions.—As used in the Florida
70 Early Learning-20 Education Code:
71 (9) “Sex” means the classification of a human person as
72 being either male or female based on the organization of the
73 body of such person for a specific reproductive role, as
74 indicated by the person’s sex chromosomes, naturally occurring
75 sex hormones, and internal and external genitalia present at
76 birth.
77 Section 2. Section 1001.07, Florida Statutes, is created to
78 read:
79 1001.07 Personal titles.—
80 (1) It shall be the policy of every public K-12 educational
81 institution that is provided or authorized by the Constitution
82 and laws of Florida that a person’s sex is an immutable
83 biological trait and that it is false to ascribe to a person a
84 pronoun that does not correspond to such person’s sex. For
85 purposes of this section, “sex” shall have the same meaning as
86 in s. 1000.21.
87 (2) No employee, contractor, or student of a public K-12
88 educational institution shall be required, as a condition of
89 employment, enrollment, or participation in any program, to
90 refer to another person using a preferred personal title or
91 pronoun that does not correspond to that person’s sex.
92 (3) No employee or contractor at a public K-12 educational
93 institution may provide to students his or her preferred
94 personal title or pronouns if such personal title or pronouns do
95 not correspond to his or her sex.
96 (4) No student may be asked for his or her preferred
97 personal titles or pronouns, or penalized or subjected to
98 adverse or discriminatory treatment for not providing preferred
99 personal titles or pronouns.
100 (5) The State Board of Education may adopt rules consistent
101 with this section.
102 Section 3. Paragraph (c) of subsection (8) of section
103 1001.42, Florida Statutes, is amended to read:
104 1001.42 POWERS AND DUTIES OF DISTRICT SCHOOL BOARD.—THE
105 DISTRICT SCHOOL BOARD, ACTING AS A BOARD, SHALL EXERCISE ALL
106 POWERS AND PERFORM ALL DUTIES LISTED BELOW:
107 (8) STUDENT WELFARE.—
108 (c)1. In accordance with the rights of parents enumerated
109 in ss. 1002.20 and 1014.04, adopt procedures for notifying a
110 student’s parent if there is a change in the student’s services
111 or monitoring related to the student’s mental, emotional, or
112 physical health or well-being and the school’s ability to
113 provide a safe and supportive learning environment for the
114 student. The procedures must reinforce the fundamental right of
115 parents to make decisions regarding the upbringing and control
116 of their children by requiring school district personnel to
117 encourage a student to discuss issues relating to his or her
118 well-being with his or her parent or to facilitate discussion of
119 the issue with the parent. The procedures may not prohibit
120 parents from accessing any of their student’s education and
121 health records created, maintained, or used by the school
122 district, as required by s. 1002.22(2).
123 2. A school district may not adopt procedures or student
124 support forms that prohibit school district personnel from
125 notifying a parent about his or her student’s mental, emotional,
126 or physical health or well-being, or a change in related
127 services or monitoring, or that encourage or have the effect of
128 encouraging a student to withhold from a parent such
129 information. School district personnel may not discourage or
130 prohibit parental notification of and involvement in critical
131 decisions affecting a student’s mental, emotional, or physical
132 health or well-being. This subparagraph does not prohibit a
133 school district from adopting procedures that permit school
134 personnel to withhold such information from a parent if a
135 reasonably prudent person would believe that disclosure would
136 result in abuse, abandonment, or neglect, as those terms are
137 defined in s. 39.01.
138 3. Classroom instruction by school personnel or third
139 parties on sexual orientation or gender identity may not occur
140 in prekindergarten kindergarten through grade 8. If provided in
141 grades 9-12, such instruction must be 3 or in a manner that is
142 not age-appropriate or developmentally appropriate for students
143 in accordance with state standards.
144 4. Student support services training developed or provided
145 by a school district to school district personnel must adhere to
146 student services guidelines, standards, and frameworks
147 established by the Department of Education.
148 5. At the beginning of the school year, each school
149 district shall notify parents of each health care service
150 offered at their student’s school and the option to withhold
151 consent or decline any specific service as provided in s.
152 1014.06. Parental consent to a health care service does not
153 waive the parent’s right to access his or her student’s
154 educational or health records or to be notified about a change
155 in his or her student’s services or monitoring as provided by
156 this paragraph.
157 6. Before administering a student well-being questionnaire
158 or health screening form to a student in kindergarten through
159 grade 3, the school district must provide the questionnaire or
160 health screening form to the parent and obtain the permission of
161 the parent.
162 7. Each school district shall adopt procedures for a parent
163 to notify the principal, or his or her designee, regarding
164 concerns under this paragraph at his or her student’s school and
165 the process for resolving those concerns within 7 calendar days
166 after notification by the parent.
167 a. At a minimum, the procedures must require that within 30
168 days after notification by the parent that the concern remains
169 unresolved, the school district must either resolve the concern
170 or provide a statement of the reasons for not resolving the
171 concern.
172 b. If a concern is not resolved by the school district, a
173 parent may:
174 (I) request the Commissioner of Education to appoint a
175 special magistrate who is a member of The Florida Bar in good
176 standing and who has at least 5 years’ experience in
177 administrative law. The special magistrate shall determine facts
178 relating to the dispute over the school district procedure or
179 practice, consider information provided by the school district,
180 and render a recommended decision for resolution to the State
181 Board of Education within 30 days after receipt of the request
182 by the parent. The State Board of Education must approve or
183 reject the recommended decision at its next regularly scheduled
184 meeting that is more than 7 calendar days and no more than 30
185 days after the date the recommended decision is transmitted. The
186 costs of the special magistrate shall be borne by the school
187 district. The State Board of Education shall adopt rules,
188 including forms, necessary to implement this subparagraph.
189 (II) Bring an action against the school district to obtain
190 a declaratory judgment that the school district procedure or
191 practice violates this paragraph and seek injunctive relief. A
192 court may award damages and shall award reasonable attorney fees
193 and court costs to a parent who receives declaratory or
194 injunctive relief.
195 c. Each school district shall adopt policies to notify
196 parents of the procedures required under this subparagraph.
197 d. Nothing contained in this subparagraph shall be
198 construed to abridge or alter rights of action or remedies in
199 equity already existing under the common law or general law.
200 Section 4. Paragraph (b) of subsection (1) of section
201 1003.42, Florida Statutes, is amended to read:
202 1003.42 Required instruction.—
203 (1)
204 (b) All instructional materials, as defined in s.
205 1006.29(2), used to teach reproductive health or any disease,
206 including HIV/AIDS, its symptoms, development, and treatment, as
207 part of the courses referenced in subsection (5), must be
208 annually approved by the department a district school board in
209 an open, noticed public meeting.
210 Section 5. Subsection (2) of section 1003.46, Florida
211 Statutes, is amended to read:
212 1003.46 Health education; instruction in acquired immune
213 deficiency syndrome.—
214 (2) Throughout instruction in acquired immune deficiency
215 syndrome, sexually transmitted diseases, or health education,
216 when such instruction and course material contains instruction
217 in human sexuality, a school shall:
218 (a) Classify males and females as provided in s.
219 1000.21(9); teach that biological males impregnate biological
220 females by fertilizing the female’s egg with the male’s sperm;
221 that the female then gestates the offspring; and that these
222 reproductive roles are binary, stable, and unchangeable.
223 (b) Teach abstinence from sexual activity outside of
224 marriage as the expected standard for all school-age students
225 while teaching the benefits of monogamous heterosexual marriage.
226 (c)(b) Emphasize that abstinence from sexual activity is a
227 certain way to avoid out-of-wedlock pregnancy, sexually
228 transmitted diseases, including acquired immune deficiency
229 syndrome, and other associated health problems.
230 (d)(c) Teach that each student has the power to control
231 personal behavior and encourage students to base actions on
232 reasoning, self-esteem, and respect for others.
233 (e)(d) Provide instruction and material that is appropriate
234 for the grade and age of the student.
235
236 Materials used for instruction under this section must be
237 approved by the department.
238 Section 6. Paragraphs (a), (d), and (e) of subsection (2)
239 and paragraphs (a) and (f) of subsection (4) of section 1006.28,
240 Florida Statutes, are amended to read:
241 1006.28 Duties of district school board, district school
242 superintendent; and school principal regarding K-12
243 instructional materials.—
244 (2) DISTRICT SCHOOL BOARD.—The district school board has
245 the constitutional duty and responsibility to select and provide
246 adequate instructional materials for all students in accordance
247 with the requirements of this part. The district school board
248 also has the following specific duties and responsibilities:
249 (a) Courses of study; adoption.—Adopt courses of study,
250 including instructional materials, for use in the schools of the
251 district.
252 1. Each district school board is responsible for the
253 content of all instructional materials and any other materials
254 used in a classroom, made available in a school or classroom
255 library, or included on a reading list, whether adopted and
256 purchased from the state-adopted instructional materials list,
257 adopted and purchased through a district instructional materials
258 program under s. 1006.283, or otherwise purchased or made
259 available.
260 2. Each district school board must adopt a policy regarding
261 an objection by a parent or a resident of the county to the use
262 of a specific material, which clearly describes a process to
263 handle all objections and provides for resolution. The objection
264 form, as prescribed by State Board of Education rule, and the
265 district school board’s process must be easy to read and
266 understand and be easily accessible on the homepage of the
267 school district’s website. The process must provide the parent
268 or resident the opportunity to proffer evidence to the district
269 school board that:
270 a. An instructional material does not meet the criteria of
271 s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in
272 a course or otherwise made available to students in the school
273 district but was not subject to the public notice, review,
274 comment, and hearing procedures under s. 1006.283(2)(b)8., 9.,
275 and 11.
276 b. Any material used in a classroom, made available in a
277 school or classroom library, or included on a reading list
278 contains content that:
279 (I) Is pornographic or prohibited under s. 847.012;,
280 (II) Depicts or describes sexual conduct as defined in s.
281 847.001, unless such material is for a course required by s.
282 1003.46 or s. 1003.42(2)(n)1.g. or identified by State Board of
283 Education rule;
284 (III) Is not suited to student needs and their ability to
285 comprehend the material presented;, or
286 (IV) Is inappropriate for the grade level and age group for
287 which the material is used.
288
289 Any material that is subject to an objection on the basis of
290 sub-sub-subparagraph b.(I) or sub-sub-subparagraph b.(II) must
291 be made unavailable to students until the objection is resolved.
292 Parents have the right to read aloud at public meetings passages
293 from material that is subject to an objection. If the district
294 school board finds that an instructional material does not meet
295 the criteria under sub-subparagraph a. or that any other
296 material contains prohibited content under sub-subparagraph b.,
297 the school district shall discontinue use of the material for
298 any grade level or age group for which such use is inappropriate
299 or unsuitable.
300 3. Each district school board must establish a process by
301 which the parent of a public school student or a resident of the
302 county may contest the district school board’s adoption of a
303 specific instructional material. The parent or resident must
304 file a petition, on a form provided by the school board, within
305 30 calendar days after the adoption of the instructional
306 material by the school board. The school board must make the
307 form available to the public and publish the form on the school
308 district’s website. The form must be signed by the parent or
309 resident, include the required contact information, and state
310 the objection to the instructional material based on the
311 criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days
312 after the 30-day period has expired, the school board must, for
313 all petitions timely received, conduct at least one open public
314 hearing before an unbiased and qualified hearing officer. The
315 hearing officer may not be an employee or agent of the school
316 district. The hearing is not subject to the provisions of
317 chapter 120; however, the hearing must provide sufficient
318 procedural protections to allow each petitioner an adequate and
319 fair opportunity to be heard and present evidence to the hearing
320 officer. The school board’s decision after convening a hearing
321 is final and not subject to further petition or review.
322 4. Meetings of committees convened for the purpose of
323 ranking, eliminating, or selecting instructional materials for
324 recommendation to the district school board must be noticed and
325 open to the public in accordance with s. 286.011. Any committees
326 convened for such purposes must include parents of district
327 students who will have access to such materials.
328 5. Meetings of committees convened for the purpose of
329 resolving an objection by a parent or resident to specific
330 materials must be noticed and open to the public in accordance
331 with s. 286.011. Any committees convened for such purpose must
332 include parents of students who will have access to such
333 materials.
334 (d) School library media services; establishment and
335 maintenance.—Establish and maintain a program of school library
336 media services for all public schools in the district, including
337 school library media centers, or school library media centers
338 open to the public, and, in addition such traveling or
339 circulating libraries as may be needed for the proper operation
340 of the district school system. Beginning January 1, 2023, school
341 librarians, media specialists, and other personnel involved in
342 the selection of school district library materials must complete
343 the training program developed pursuant to s. 1006.29(6) before
344 reviewing and selecting age-appropriate materials and library
345 resources. Upon written request, a school district shall provide
346 access to any material or book specified in the request that is
347 maintained in a district school system library and is available
348 for review.
349 1. Each book made available to students through a school
350 district library media center or included in a recommended or
351 assigned school or grade-level reading list must be selected by
352 a school district employee who holds a valid educational media
353 specialist certificate, regardless of whether the book is
354 purchased, donated, or otherwise made available to students.
355 2. Each district school board shall adopt procedures for
356 developing library media center collections and post the
357 procedures on the website for each school within the district.
358 The procedures must:
359 a. Require that book selections meet the criteria in s.
360 1006.40(3)(d).
361 b. Require consultation of reputable, professionally
362 recognized reviewing periodicals and school community
363 stakeholders.
364 c. Provide for library media center collections, including
365 classroom libraries, based on reader interest, support of state
366 academic standards and aligned curriculum, and the academic
367 needs of students and faculty.
368 d. Provide for the regular removal or discontinuance of
369 books based on, at a minimum, physical condition, rate of recent
370 circulation, alignment to state academic standards and relevancy
371 to curriculum, out-of-date content, and required removal
372 pursuant to subparagraph (a)2.
373 3. Each elementary school must publish on its website, in a
374 searchable format prescribed by the department, a list of all
375 materials maintained and accessible in the school library media
376 center or a classroom library or required as part of a school or
377 grade-level reading list.
378 4. Each district school board shall adopt and publish on
379 its website the process for a parent to limit the books and
380 media materials his or her student can access in the school’s
381 library.
382 (e) Public participation.—Publish on its website, in a
383 searchable format prescribed by the department, a list of all
384 instructional materials, including those used to provide
385 instruction required by s. 1003.42. Each district school board
386 must:
387 1. Provide access to all materials, excluding teacher
388 editions, in accordance with s. 1006.283(2)(b)8.a. before the
389 district school board takes any official action on such
390 materials. This process must include reasonable safeguards
391 against the unauthorized use, reproduction, and distribution of
392 instructional materials considered for adoption.
393 2. Select, approve, adopt, or purchase all materials as a
394 separate line item on the agenda and provide a reasonable
395 opportunity for public comment. The use of materials described
396 in this paragraph may not be selected, approved, or adopted as
397 part of a consent agenda.
398 3. Annually, beginning June 30, 2023, submit to the
399 Commissioner of Education a report that identifies:
400 a. Each material for which the school district received an
401 objection pursuant to subparagraph (a)2., including the grade
402 level and course the material was used in, for the school year
403 and the specific objections thereto.
404 b. Each material that was removed or discontinued as a
405 result of an objection.
406 c. Each material that was not removed or discontinued and
407 the rationale for not removing or discontinuing the material The
408 grade level and course for which a removed or discontinued
409 material was used, as applicable.
410
411 The department shall publish and regularly update a list of
412 materials that were removed or discontinued as a result of an
413 objection and disseminate the list to school districts for
414 consideration in their selection procedures.
415 (4) SCHOOL PRINCIPAL.—The school principal has the
416 following duties for the management and care of materials at the
417 school:
418 (a) Proper use of instructional materials.—The principal
419 shall assure that instructional materials are used to provide
420 instruction to students enrolled at the grade level or levels
421 for which the materials are designed, pursuant to adopted
422 district school board rule. The school principal shall
423 communicate to parents the manner in which instructional
424 materials are used to implement the curricular objectives of the
425 school and the procedures for contesting the adoption and use of
426 instructional materials.
427 (f) Selection of library media center materials.—School
428 principals are responsible for overseeing compliance with school
429 district procedures for selecting school library media center
430 materials at the school to which they are assigned and notifying
431 parents of the process for objecting to the use of specific
432 materials.
433 Section 7. Sections 1000.05(2), (3), (4)(a), (5), and
434 (7)(d), 1001.453(2)(c), 1002.42(3)(a), 1003.27(2)(b) and (c),
435 1003.42(3)(a), (c), (e), and (f), 1004.43(2), 1006.205(2)(b) and
436 (3), 1009.23(7), 1009.24(10)(b), 1009.983(6), 1009.986(3)(e),
437 and 1014.05(1)(c), (d), and (f), Florida Statutes, are reenacted
438 for the purpose of incorporating the amendment made by this act
439 to s. 1000.21, Florida Statutes, in references thereto.
440 Section 8. If any provision of this act or its application
441 to any person or circumstance is held invalid, the invalidity
442 does not affect other provisions or applications of the act
443 which can be given effect without the invalid provision or
444 application, and to this end the provisions of this act are
445 severable.
446 Section 9. This act shall take effect July 1, 2023.