Florida Senate - 2024                                    SB 1414
       
       
        
       By Senator Davis
       
       
       
       
       
       5-00611A-24                                           20241414__
    1                        A bill to be entitled                      
    2         An act relating to education; providing a short title;
    3         repealing s. 1000.05(4), F.S., relating to prohibited
    4         training or instruction in specified concepts which
    5         constitutes discrimination on the basis of race,
    6         color, national origin, or sex; repealing s. 1000.071,
    7         F.S., relating to personal titles and pronouns;
    8         amending s. 1001.42, F.S.; prohibiting school
    9         districts from adopting a procedure that compels or
   10         authorizes school personnel to share certain
   11         information with a parent under certain circumstances;
   12         deleting a provision authorizing school districts to
   13         adopt procedures that permit school personnel to
   14         withhold certain information from a parent under
   15         certain circumstances; deleting a prohibition against
   16         classroom instruction on sexual orientation and gender
   17         identity in specified grades; deleting an exception;
   18         deleting a provision requiring student support
   19         services to adhere to specified guidelines; amending
   20         s. 1001.706, F.S.; deleting a requirement for the
   21         Board of Governors to include in its review of state
   22         university missions a directive to each university
   23         regarding its programs for curricula that violate
   24         certain provisions; repealing s. 1001.92(5), F.S.,
   25         relating to an educational institution losing its
   26         eligibility for performance funding if a certain
   27         violation is substantiated; amending s. 1003.42, F.S.;
   28         requiring instruction in LGBTQ history in public
   29         schools; conforming a cross-reference; amending s.
   30         1004.06, F.S.; authorizing and encouraging Florida
   31         College System institutions, state universities, and
   32         direct-support organizations to develop programs based
   33         on diversity, equity, and inclusion principles;
   34         authorizing the expenditure of state or federal funds
   35         to promote such programs; deleting a prohibition
   36         against Florida College System institutions, state
   37         universities, and direct-support organizations
   38         expending funds on programs or activities that
   39         advocate for diversity, equity, and inclusion or that
   40         promote or engage in political or social activism;
   41         deleting obsolete language; amending s. 1006.28, F.S.;
   42         providing that certain provisions relating to district
   43         school board duties and materials made available in
   44         schools do not apply to classroom libraries; revising
   45         requirements for resolving objections to instructional
   46         materials; deleting a requirement that any
   47         instructional material that is subject to an objection
   48         be removed within 5 school days; deleting a
   49         requirement that a school board discontinue use of an
   50         instructional material if certain conditions are met;
   51         providing that school libraries may provide materials
   52         and information presenting all points of view;
   53         providing that materials may not be proscribed or
   54         removed due to partisan or doctrinal disapproval;
   55         amending s. 1007.25, F.S.; deleting certain
   56         prohibitions for general education courses; providing
   57         an effective date.
   58          
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. This act may be cited as the “Freedom to Learn
   62  Act.”
   63         Section 2. Subsection (4) of section 1000.05, Florida
   64  Statutes, is repealed.
   65         Section 3. Section 1000.071, Florida Statutes, is repealed.
   66         Section 4. Paragraph (c) of subsection (8) of section
   67  1001.42, Florida Statutes, is amended to read:
   68         1001.42 Powers and duties of district school board.—The
   69  district school board, acting as a board, shall exercise all
   70  powers and perform all duties listed below:
   71         (8) STUDENT WELFARE.—
   72         (c)1. In accordance with the rights of parents enumerated
   73  in ss. 1002.20 and 1014.04, adopt procedures for notifying a
   74  student’s parent if there is a change in the student’s services
   75  or monitoring related to the student’s mental, emotional, or
   76  physical health or well-being and the school’s ability to
   77  provide a safe and supportive learning environment for the
   78  student. The procedures must reinforce the fundamental right of
   79  parents to make decisions regarding the upbringing and control
   80  of their children by requiring school district personnel to
   81  encourage a student to discuss issues relating to his or her
   82  well-being with his or her parent or to facilitate discussion of
   83  the issue with the parent. The procedures may not prohibit
   84  parents from accessing any of their student’s education and
   85  health records created, maintained, or used by the school
   86  district, as required by s. 1002.22(2).
   87         2. A school district may not adopt procedures or student
   88  support forms that prohibit school district personnel from
   89  notifying a parent about his or her student’s mental, emotional,
   90  or physical health or well-being, or a change in related
   91  services or monitoring, or that encourage or have the effect of
   92  encouraging a student to withhold from a parent such
   93  information. School district personnel may not discourage or
   94  prohibit parental notification of and involvement in critical
   95  decisions affecting a student’s mental, emotional, or physical
   96  health or well-being. A school district may not adopt a
   97  procedure that compels or authorizes school personnel to provide
   98  such information to a parent if a reasonably prudent person
   99  would believe that disclosure would result in harm to the
  100  student, including, but not limited to, This subparagraph does
  101  not prohibit a school district from adopting procedures that
  102  permit school personnel to withhold such information from a
  103  parent if a reasonably prudent person would believe that
  104  disclosure would result in abuse, abandonment, or neglect, as
  105  those terms are defined in s. 39.01.
  106         3. Classroom instruction by school personnel or third
  107  parties on sexual orientation or gender identity may not occur
  108  in prekindergarten through grade 8, except when required by ss.
  109  1003.42(2)(n)3. and 1003.46. If such instruction is provided in
  110  grades 9 through 12, the instruction must be age-appropriate or
  111  developmentally appropriate for students in accordance with
  112  state standards. This subparagraph applies to charter schools.
  113         4. Student support services training developed or provided
  114  by a school district to school district personnel must adhere to
  115  student services guidelines, standards, and frameworks
  116  established by the Department of Education.
  117         5. At the beginning of the school year, each school
  118  district shall notify parents of each health care service
  119  offered at their student’s school and the option to withhold
  120  consent or decline any specific service in accordance with s.
  121  1014.06. Parental consent to a health care service does not
  122  waive the parent’s right to access his or her student’s
  123  educational or health records or to be notified about a change
  124  in his or her student’s services or monitoring as provided by
  125  this paragraph.
  126         4.6. Before administering a student well-being
  127  questionnaire or health screening form to a student in
  128  kindergarten through grade 3, the school district must provide
  129  the questionnaire or health screening form to the parent and
  130  obtain the permission of the parent.
  131         5.7. Each school district shall adopt procedures for a
  132  parent to notify the principal, or his or her designee,
  133  regarding concerns under this paragraph at his or her student’s
  134  school and the process for resolving those concerns within 7
  135  calendar days after notification by the parent.
  136         a. At a minimum, the procedures must require that within 30
  137  days after notification by the parent that the concern remains
  138  unresolved, the school district must either resolve the concern
  139  or provide a statement of the reasons for not resolving the
  140  concern.
  141         b. If a concern is not resolved by the school district, a
  142  parent may:
  143         (I) Request the Commissioner of Education to appoint a
  144  special magistrate who is a member of The Florida Bar in good
  145  standing and who has at least 5 years’ experience in
  146  administrative law. The special magistrate shall determine facts
  147  relating to the dispute over the school district procedure or
  148  practice, consider information provided by the school district,
  149  and render a recommended decision for resolution to the State
  150  Board of Education within 30 days after receipt of the request
  151  by the parent. The State Board of Education must approve or
  152  reject the recommended decision at its next regularly scheduled
  153  meeting that is more than 7 calendar days and no more than 30
  154  days after the date the recommended decision is transmitted. The
  155  costs of the special magistrate shall be borne by the school
  156  district. The State Board of Education shall adopt rules,
  157  including forms, necessary to implement this subparagraph.
  158         (II) Bring an action against the school district to obtain
  159  a declaratory judgment that the school district procedure or
  160  practice violates this paragraph and seek injunctive relief. A
  161  court may award damages and shall award reasonable attorney fees
  162  and court costs to a parent who receives declaratory or
  163  injunctive relief.
  164         c. Each school district shall adopt and post on its website
  165  policies to notify parents of the procedures required under this
  166  subparagraph.
  167         d. Nothing contained in this subparagraph shall be
  168  construed to abridge or alter rights of action or remedies in
  169  equity already existing under the common law or general law.
  170         Section 5. Paragraph (a) of subsection (5) of section
  171  1001.706, Florida Statutes, is amended to read:
  172         1001.706 Powers and duties of the Board of Governors.—
  173         (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
  174         (a) The Legislature intends that the Board of Governors
  175  shall align the missions of each constituent university with the
  176  academic success of its students; the existing and emerging
  177  economic development needs of the state; the national reputation
  178  of its faculty and its academic and research programs; the
  179  quantity of externally generated research, patents, and
  180  licenses; and the strategic and accountability plans required in
  181  paragraphs (b) and (c). The Board of Governors shall
  182  periodically review the mission of each constituent university
  183  and make updates or revisions as needed. Upon completion of a
  184  review of the mission, the board shall review existing academic
  185  programs for alignment with the mission. The board shall include
  186  in its review a directive to each constituent university
  187  regarding its programs for any curriculum that violates s.
  188  1000.05 or that is based on theories that systemic racism,
  189  sexism, oppression, and privilege are inherent in the
  190  institutions of the United States and were created to maintain
  191  social, political, and economic inequities. The mission
  192  alignment and strategic plan must consider peer institutions at
  193  the constituent universities. The mission alignment and
  194  strategic plan must acknowledge that universities that have a
  195  national and international impact have the greatest capacity to
  196  promote the state’s economic development through: new
  197  discoveries, patents, licenses, and technologies that generate
  198  state businesses of global importance; research achievements
  199  through external grants and contracts that are comparable to
  200  nationally recognized and ranked universities; the creation of a
  201  resource rich academic environment that attracts high-technology
  202  business and venture capital to the state; and this generation’s
  203  finest minds focusing on solving the state’s economic, social,
  204  environmental, and legal problems in the areas of life sciences,
  205  water, sustainability, energy, and health care. A nationally
  206  recognized and ranked university that has a global perspective
  207  and impact must be afforded the opportunity to enable and
  208  protect the university’s competitiveness on the global stage in
  209  fair competition with other institutions of other states in the
  210  highest Carnegie Classification.
  211         Section 6. Subsection (5) of section 1001.92, Florida
  212  Statutes, is repealed.
  213         Section 7. Paragraph (g) of subsection (2) of section
  214  1003.42, Florida Statutes, is amended, and paragraph (v) is
  215  added to that subsection, to read:
  216         1003.42 Required instruction.—
  217         (2) Members of the instructional staff of the public
  218  schools, subject to the rules of the State Board of Education
  219  and the district school board, shall teach efficiently and
  220  faithfully, using the books and materials required that meet the
  221  highest standards for professionalism and historical accuracy,
  222  following the prescribed courses of study, and employing
  223  approved methods of instruction, the following:
  224         (g)1. The history of the Holocaust (1933-1945), the
  225  systematic, planned annihilation of European Jews and other
  226  groups by Nazi Germany, a watershed event in the history of
  227  humanity, to be taught in a manner that leads to an
  228  investigation of human behavior, an understanding of the
  229  ramifications of prejudice, racism, and stereotyping, and an
  230  examination of what it means to be a responsible and respectful
  231  person, for the purposes of encouraging tolerance of diversity
  232  in a pluralistic society and for nurturing and protecting
  233  democratic values and institutions, including the policy,
  234  definition, and historical and current examples of anti
  235  Semitism, as described in s. 1000.05(7) s. 1000.05(8), and the
  236  prevention of anti-Semitism. Each school district must annually
  237  certify and provide evidence to the department, in a manner
  238  prescribed by the department, that the requirements of this
  239  paragraph are met. The department shall prepare and offer
  240  standards and curriculum for the instruction required by this
  241  paragraph and may seek input from the Commissioner of
  242  Education’s Task Force on Holocaust Education or from any state
  243  or nationally recognized Holocaust educational organizations.
  244  The department may contract with any state or nationally
  245  recognized Holocaust educational organizations to develop
  246  training for instructional personnel and grade-appropriate
  247  classroom resources to support the developed curriculum.
  248         2. The second week in November shall be designated as
  249  “Holocaust Education Week” in this state in recognition that
  250  November is the anniversary of Kristallnacht, widely recognized
  251  as a precipitating event that led to the Holocaust.
  252         (v) The study of LGBTQ history in Florida and the LGBTQ
  253  community’s contributions to the United States, which may
  254  include important United States Supreme Court cases, such as
  255  Obergefell v. Hodges and Windsor v. United States; the Florida
  256  Legislative Investigation Committee; and the tragedy at Pulse
  257  Nightclub.
  258  
  259  The State Board of Education is encouraged to adopt standards
  260  and pursue assessment of the requirements of this subsection.
  261  Instructional programming that incorporates the values of the
  262  recipients of the Congressional Medal of Honor and that is
  263  offered as part of a social studies, English Language Arts, or
  264  other schoolwide character building and veteran awareness
  265  initiative meets the requirements of paragraph (u).
  266         Section 8. Subsections (2) and (3) of section 1004.06,
  267  Florida Statutes, are amended to read:
  268         1004.06 Prohibited expenditures.—
  269         (2) A Florida College System institution, state university,
  270  Florida College System institution direct-support organization,
  271  or state university direct-support organization may, and is
  272  encouraged to, develop programs and campus activities anchored
  273  in the principles of diversity, equity, and inclusion. Programs
  274  and courses may not expend any state or federal funds to
  275  promote, support, or maintain any such programs or campus
  276  activities that:
  277         (a) Violate s. 1000.05; or
  278         (b) Advocate for diversity, equity, and inclusion, or
  279  promote or engage in political or social activism, as defined by
  280  rules of the State Board of Education and regulations of the
  281  Board of Governors.
  282  
  283  Student fees to support student-led organizations are permitted
  284  notwithstanding any speech or expressive activity by such
  285  organizations which would otherwise violate this subsection,
  286  provided that the public funds must be allocated to student-led
  287  organizations pursuant to written policies or regulations of
  288  each Florida College System institution or state university, as
  289  applicable. Use of institution facilities by student-led
  290  organizations is permitted notwithstanding any speech or
  291  expressive activity by such organizations which would otherwise
  292  violate this subsection, provided that such use must be granted
  293  to student-led organizations pursuant to written policies or
  294  regulations of each Florida College System institution or state
  295  university, as applicable.
  296         (3) Subsection (2) does not prohibit programs, campus
  297  activities, or functions required for compliance with general or
  298  federal laws or regulations; for obtaining or retaining
  299  institutional or discipline-specific accreditation with the
  300  approval of either the State Board of Education or the Board of
  301  Governors; or for access programs for military veterans, Pell
  302  Grant recipients, first generation college students,
  303  nontraditional students, “2+2” transfer students from the
  304  Florida College System, students from low-income families, or
  305  students with unique abilities.
  306         Section 9. Paragraphs (a) and (d) of subsection (2) of
  307  section 1006.28, Florida Statutes, are amended to read:
  308         1006.28 Duties of district school board, district school
  309  superintendent; and school principal regarding K-12
  310  instructional materials.—
  311         (2) DISTRICT SCHOOL BOARD.—The district school board has
  312  the constitutional duty and responsibility to select and provide
  313  adequate instructional materials for all students in accordance
  314  with the requirements of this part. The district school board
  315  also has the following specific duties and responsibilities:
  316         (a) Courses of study; adoption.—Adopt courses of study,
  317  including instructional materials, for use in the schools of the
  318  district.
  319         1. Each district school board is responsible for the
  320  content of all instructional materials and any other materials
  321  used in a classroom, made available in a school or classroom
  322  library, or included on a reading list, whether adopted and
  323  purchased from the state-adopted instructional materials list,
  324  adopted and purchased through a district instructional materials
  325  program under s. 1006.283, or otherwise purchased or made
  326  available.
  327         2. Each district school board must adopt a policy regarding
  328  an objection by a parent or a resident of the county to the use
  329  of a specific material, which clearly describes a process to
  330  handle all objections and provides for resolution. The objection
  331  form, as prescribed by State Board of Education rule, and the
  332  district school board’s process must be easy to read and
  333  understand and be easily accessible on the homepage of the
  334  school district’s website. The objection form must also identify
  335  the school district point of contact and contact information for
  336  the submission of an objection. The process must provide the
  337  parent or resident the opportunity to proffer evidence to the
  338  district school board that:
  339         a. An instructional material does not meet the criteria of
  340  s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in
  341  a course or otherwise made available to students in the school
  342  district but was not subject to the public notice, review,
  343  comment, and hearing procedures under s. 1006.283(2)(b)8., 9.,
  344  and 11.
  345         b. Any material used in a classroom, made available in a
  346  school or classroom library, or included on a reading list
  347  contains content which:
  348         (I) Is pornographic or prohibited under s. 847.012;
  349         (II) Depicts or describes sexual conduct as defined in s.
  350  847.001(19), unless such material is for a course required by s.
  351  1003.46, s. 1003.42(2)(n)1.g., or s. 1003.42(2)(n)3., or
  352  identified by State Board of Education rule;
  353         (III) Is not suited to student needs and their ability to
  354  comprehend the material presented; or
  355         (III)(IV) Is inappropriate for the grade level and age
  356  group for which the material is used.
  357  
  358  Any material that is subject to an objection on the basis of
  359  sub-sub-subparagraph b.(I) or sub-sub-subparagraph b.(II) must
  360  be removed within 5 school days of receipt of the objection and
  361  remain unavailable to students of that school until the
  362  objection is resolved. Parents shall have the right to read
  363  passages from any material that is subject to an objection. If
  364  the school board denies a parent the right to read passages due
  365  to content that meets the requirements under sub-sub
  366  subparagraph b.(I), the school district shall discontinue the
  367  use of the material. If the district school board finds that any
  368  material meets the requirements under sub-subparagraph a. or
  369  that any other material contains prohibited content under sub
  370  sub-subparagraph b.(I), the school district shall discontinue
  371  use of the material. If the district school board finds that any
  372  other material contains prohibited content under sub-sub
  373  subparagraphs b.(II)-(IV), the school district shall discontinue
  374  use of the material for any grade level or age group for which
  375  such use is inappropriate or unsuitable.
  376         3. Each district school board must establish a process by
  377  which the parent of a public school student or a resident of the
  378  county may contest the district school board’s adoption of a
  379  specific instructional material. The parent or resident must
  380  file a petition, on a form provided by the school board, within
  381  30 calendar days after the adoption of the instructional
  382  material by the school board. The school board must make the
  383  form available to the public and publish the form on the school
  384  district’s website. The form must be signed by the parent or
  385  resident, include the required contact information, and state
  386  the objection to the instructional material based on the
  387  criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days
  388  after the 30-day period has expired, the school board must, for
  389  all petitions timely received, conduct at least one open public
  390  hearing before an unbiased and qualified hearing officer. The
  391  hearing officer may not be an employee or agent of the school
  392  district. The hearing is not subject to the provisions of
  393  chapter 120; however, the hearing must provide sufficient
  394  procedural protections to allow each petitioner an adequate and
  395  fair opportunity to be heard and present evidence to the hearing
  396  officer. The school board’s decision after convening a hearing
  397  is final and not subject to further petition or review.
  398         4. Meetings of committees convened for the purpose of
  399  ranking, eliminating, or selecting instructional materials for
  400  recommendation to the district school board must be noticed and
  401  open to the public in accordance with s. 286.011. Any committees
  402  convened for such purposes must include parents of students who
  403  will have access to such materials.
  404         5. Meetings of committees convened for the purpose of
  405  resolving an objection by a parent or resident to specific
  406  materials must be noticed and open to the public in accordance
  407  with s. 286.011. Any committees convened for such purposes must
  408  include parents of students who will have access to such
  409  materials.
  410         6. If a parent disagrees with the determination made by the
  411  district school board on the objection to the use of a specific
  412  material, a parent may request the Commissioner of Education to
  413  appoint a special magistrate who is a member of The Florida Bar
  414  in good standing and who has at least 5 years’ experience in
  415  administrative law. The special magistrate shall determine facts
  416  relating to the school district’s determination, consider
  417  information provided by the parent and the school district, and
  418  render a recommended decision for resolution to the State Board
  419  of Education within 30 days after receipt of the request by the
  420  parent. The State Board of Education must approve or reject the
  421  recommended decision at its next regularly scheduled meeting
  422  that is more than 7 calendar days and no more than 30 days after
  423  the date the recommended decision is transmitted. The costs of
  424  the special magistrate shall be borne by the school district.
  425  The State Board of Education shall adopt rules, including forms,
  426  necessary to implement this subparagraph.
  427         (d) School library media services; establishment and
  428  maintenance.—Establish and maintain a program of school library
  429  media services for all public schools in the district, including
  430  school library media centers, or school library media centers
  431  open to the public, and, in addition such traveling or
  432  circulating libraries as may be needed for the proper operation
  433  of the district school system. Beginning January 1, 2023, school
  434  librarians, media specialists, and other personnel involved in
  435  the selection of school district library materials must complete
  436  the training program developed pursuant to s. 1006.29(6) before
  437  reviewing and selecting age-appropriate materials and library
  438  resources. Upon written request, a school district shall provide
  439  access to any material or book specified in the request that is
  440  maintained in a district school system library and is available
  441  for review.
  442         1. Each book made available to students through a school
  443  district library media center or included in a recommended or
  444  assigned school or grade-level reading list must be selected by
  445  a school district employee who holds a valid educational media
  446  specialist certificate, regardless of whether the book is
  447  purchased, donated, or otherwise made available to students.
  448         2. Each district school board shall adopt procedures for
  449  developing library media center collections and post the
  450  procedures on the website for each school within the district.
  451  School libraries may provide materials and information
  452  presenting all points of view on current and historical issues.
  453  Materials may not be proscribed or removed because of partisan
  454  or doctrinal disapproval. The procedures must:
  455         a. Require that book selections meet the criteria in s.
  456  1006.40(3)(d).
  457         b. Require consultation of reputable, professionally
  458  recognized reviewing periodicals and school community
  459  stakeholders.
  460         c. Provide for library media center collections, including
  461  classroom libraries, based on reader interest, support of state
  462  academic standards and aligned curriculum, and the academic
  463  needs of students and faculty.
  464         d. Provide for the regular removal or discontinuance of
  465  books based on, at a minimum, physical condition, rate of recent
  466  circulation, alignment to state academic standards and relevancy
  467  to curriculum, out-of-date content, and required removal
  468  pursuant to subparagraph (a)2.
  469         3. Each elementary school must publish on its website, in a
  470  searchable format prescribed by the department, a list of all
  471  materials maintained and accessible in the school library media
  472  center or a classroom library or required as part of a school or
  473  grade-level reading list.
  474         4. Each district school board shall adopt and publish on
  475  its website the process for a parent to limit his or her
  476  student’s access to materials in the school or classroom
  477  library.
  478         Section 10. Paragraph (c) of subsection (3) of section
  479  1007.25, Florida Statutes, is amended to read:
  480         1007.25 General education courses; common prerequisites;
  481  other degree requirements.—
  482         (3) The chair of the State Board of Education and the chair
  483  of the Board of Governors, or their designees, shall jointly
  484  appoint faculty committees to review and recommend to the
  485  Articulation Coordinating Committee for approval by the State
  486  Board of Education and the Board of Governors statewide general
  487  education core course options for inclusion in the statewide
  488  course numbering system established under s. 1007.24. Faculty
  489  committees shall, by July 1, 2024, and by July 1 every 4 years
  490  thereafter, review and submit recommendations to the
  491  Articulation Coordinating Committee and the commissioner for the
  492  removal, alignment, realignment, or addition of general
  493  education core courses that satisfy the requirements of this
  494  subsection.
  495         (c) General education core courses may not distort
  496  significant historical events or include a curriculum that
  497  teaches identity politics, violates s. 1000.05, or is based on
  498  theories that systemic racism, sexism, oppression, and privilege
  499  are inherent in the institutions of the United States and were
  500  created to maintain social, political, and economic inequities.
  501         Section 11. This act shall take effect July 1, 2024.