Florida Senate - 2026 SB 1090
By Senator Grall
29-00528B-26 20261090__
1 A bill to be entitled
2 An act relating to education; creating s. 1001.325,
3 F.S.; prohibiting certain entities from expending
4 funds on organizations that discriminate on the basis
5 of race, color, national origin, sex, disability, or
6 religion; prohibiting certain entities from expending
7 funds to promote, support, or maintain certain
8 programs or campus activities; providing an exception
9 for student fees to support student-led organizations
10 under certain circumstances; providing construction;
11 requiring the State Board of Education to adopt rules;
12 amending s. 1002.20, F.S.; requiring that a public
13 school student have prior written consent from his or
14 her parent or guardian to receive instruction on
15 reproductive health; authorizing a student to carry an
16 FDA-approved epinephrine delivery device, rather than
17 an epinephrine auto-injector; requiring the state
18 board to adopt rules for the use of an FDA-approved
19 epinephrine delivery device, rather than an
20 epinephrine auto-injector; making conforming changes;
21 amending s. 1002.42, F.S.; authorizing a private
22 school to purchase a supply of FDA-approved
23 epinephrine delivery devices, rather than epinephrine
24 auto-injectors; making conforming changes; amending s.
25 1002.421, F.S.; specifying what constitutes regular
26 and direct contact with teachers for private school
27 students who are eligible for a certain scholarship;
28 amending s. 1002.55, F.S.; revising the period of time
29 for which a private prekindergarten provider is
30 prohibited from delivering a prekindergarten program
31 and receiving state funds under certain circumstances;
32 amending s. 1002.61, F.S.; revising the period of time
33 for which a private prekindergarten provider is
34 prohibited from delivering a summer prekindergarten
35 program and receiving state funds under certain
36 circumstances; amending s. 1002.63, F.S.; revising the
37 period of time for which a public school is prohibited
38 from participating in the Voluntary Prekindergarten
39 Education Program and receiving state funds under
40 certain circumstances; amending s. 1002.68, F.S.;
41 deleting provisions relating to the calculation of a
42 kindergarten readiness rate; revising the period of
43 time for which a public or private prekindergarten
44 provider is prohibited from participating in the
45 Voluntary Prekindergarten Education Program for a
46 failing program assessment composite score; revising
47 the period of time for which a private prekindergarten
48 provider’s or public school’s eligibility to deliver
49 the Voluntary Prekindergarten Education Program and
50 receive state funds is revoked under certain
51 circumstances; amending s. 1002.82, F.S.; revising the
52 timeframe for which a school readiness program
53 provider must fail to meet minimum quality measures to
54 be terminated; amending s. 1002.88, F.S.; revising the
55 period of time for which an early learning coalition
56 is authorized to revoke a school readiness provider’s
57 eligibility to deliver programs and receive state
58 funds under certain circumstances; amending s.
59 1002.91, F.S.; revising the period of time for which
60 an early learning coalition is prohibited from
61 contracting with or using the service of certain
62 school readiness providers and Voluntary
63 Prekindergarten Education Program providers under
64 certain circumstances; amending s. 1002.945, F.S.;
65 revising the period of time for which the Department
66 of Education is required to recommend that the state
67 board terminate an accrediting association’s
68 participation in the Gold Seal Quality Care Program;
69 requiring the Department of Children and Families to
70 make a specified determination for child care
71 providers; deleting an exception; amending s. 1003.42,
72 F.S.; revising health education topics included in
73 required instruction; providing requirements for
74 health education addressing human embryologic and
75 fetal development; authorizing the State Board of
76 Education to adopt rules; requiring a school district
77 to notify a parent or guardian and obtain written
78 consent before providing instruction on HIV/AIDS;
79 creating s. 1003.4202, F.S.; requiring each school
80 district to implement a system of comprehensive
81 mathematics instruction for specified students;
82 requiring each school district to develop and submit a
83 mathematics instruction plan to the district school
84 board for approval; providing requirements for the
85 plan; authorizing a charter school to submit its own
86 plan; providing components for the mathematics plan;
87 requiring each school district to submit its approved
88 mathematics instruction plan to specified entities by
89 a specified date each year; defining the term
90 “evidence-based”; amending s. 1003.46, F.S.; requiring
91 a district school board to obtain written consent from
92 a student’s parent or guardian before the student
93 receives instruction in acquired immune deficiency
94 syndrome education; amending s. 1006.07, F.S.;
95 deleting provisions relating to the use of temporary
96 door locks; amending s. 1006.38, F.S.; authorizing the
97 Commissioner of Education to remove certain
98 instructional materials from the list of state
99 approved instructional materials, and to revoke for a
100 specified period of time the eligibility to offer
101 instructional materials for state adoption of the
102 publisher or manufacturer of such materials, if he or
103 she determines the publisher or manufacturer violated
104 any provision of Florida law; providing requirements
105 for the Department of Education before instructional
106 materials are removed; authorizing the commissioner to
107 require corrective action by the publisher or
108 manufacturer; providing construction; amending s.
109 1006.39, F.S.; requiring that materials and products
110 developed by or under the direction of the department
111 be made available for use by school districts;
112 authorizing school districts to purchase instructional
113 materials developed by or under the direction of the
114 department; amending s. 1008.25, F.S.; revising the
115 score threshold for a Voluntary Prekindergarten
116 Education Program student’s performance on coordinated
117 screening and progress monitoring for the student to
118 receive specified instructional support; conforming a
119 cross-reference; amending s. 1008.33, F.S.; requiring
120 the department to annually identify each public school
121 district in need of intervention and support;
122 specifying criteria for a school district to be deemed
123 in need of intervention and support; requiring school
124 districts in need of intervention and support to
125 annually submit a district improvement plan; providing
126 requirements for such plan; requiring the plan to be
127 approved by the local school board; requiring such
128 districts to submit specified information to the
129 department; authorizing the state board to require
130 modifications to or revoke a school district’s
131 district improvement plan under certain circumstances;
132 amending s. 1012.56, F.S.; deleting a method for an
133 educator to demonstrate mastery of professional
134 preparation and education competence; revising
135 requirements for professional education competency
136 programs; requiring the state board to adopt rules;
137 deleting a requirement for the commissioner to
138 determine the continued approval of programs; amending
139 s. 1014.05, F.S.; requiring that a policy to promote
140 parental involvement include procedures for a parent
141 to provide or withhold consent for his or her minor
142 child to participate in instruction on reproductive
143 health or any disease; amending s. 1008.2125, F.S.;
144 conforming a cross-reference; providing an effective
145 date.
146
147 Be It Enacted by the Legislature of the State of Florida:
148
149 Section 1. Section 1001.325, Florida Statutes, is created
150 to read:
151 1001.325 Prohibited expenditures.—
152 (1) A public school, charter school, school district,
153 charter school administrator, or direct-support organization may
154 not expend any funds, regardless of source, to purchase
155 membership in, or goods and services from, any organization that
156 discriminates on the basis of race, color, national origin, sex,
157 disability, or religion.
158 (2) A public school, charter school, school district,
159 charter school administrator, or direct-support organization may
160 not expend any state or federal funds to promote, support, or
161 maintain any programs or campus activities that:
162 (a) Violate s. 1000.05; or
163 (b) Advocate for diversity, equity, and inclusion, or
164 promote or engage in political or social activism, as defined by
165 the State Board of Education.
166
167 Student fees to support student-led organizations are permitted
168 notwithstanding any speech or expressive activity by such
169 organization which would otherwise violate this subsection,
170 provided that the public funds must be allocated to student-led
171 organizations pursuant to written policies or regulations of the
172 school or district in which the student is enrolled, as
173 applicable. Use of school or district facilities by student-led
174 organizations is permitted notwithstanding any speech or
175 expressive activity by such organizations which would otherwise
176 violate this subsection, provided that such use must be granted
177 to student-led organizations pursuant to written policies or
178 regulations of each school or school district, as applicable.
179 (3) Subsection (2) does not prohibit programs, campus
180 activities, or functions required for compliance with general or
181 federal laws or regulations, for obtaining or retaining
182 accreditation, or for continuing to receive state funds with the
183 approval of either the State Board of Education or the
184 department.
185 (4) The State Board of Education shall adopt rules to
186 implement this section.
187 Section 2. Paragraphs (d) and (i) of subsection (3) of
188 section 1002.20, Florida Statutes, are amended to read:
189 1002.20 K-12 student and parent rights.—Parents of public
190 school students must receive accurate and timely information
191 regarding their child’s academic progress and must be informed
192 of ways they can help their child to succeed in school. K-12
193 students and their parents are afforded numerous statutory
194 rights including, but not limited to, the following:
195 (3) HEALTH ISSUES.—
196 (d) Reproductive health and disease education.—A public
197 school student, only with prior written consent by his or her
198 parent or guardian whose parent makes written request to the
199 school principal, shall be provided instruction in exempted from
200 the teaching of reproductive health or any disease, including
201 HIV/AIDS, in accordance with s. 1003.42(5).
202 1. Each school district shall, on the district’s website
203 homepage, notify parents of this right and the process to
204 provide or withhold consent request an exemption. The homepage
205 must include a link for a student’s parent to access and review
206 the instructional materials, as defined in s. 1006.29(2), used
207 to teach the curriculum.
208 2. Each school district shall annually review and confirm
209 that the information provided on the district’s website homepage
210 under subparagraph 1. is accurate and up to date and shall
211 notify parents by physical or electronic means any time
212 revisions are made to such information.
213 (i) Epinephrine use and supply.—
214 1. A student who has experienced or is at risk for life
215 threatening allergic reactions may carry an FDA-approved
216 epinephrine delivery device auto-injector and self-administer
217 epinephrine by FDA-approved delivery device auto-injector while
218 in school, participating in school-sponsored activities, or in
219 transit to or from school or school-sponsored activities if the
220 school has been provided with parental and physician
221 authorization. The State Board of Education, in cooperation with
222 the Department of Health, shall adopt rules for such use of FDA
223 approved epinephrine delivery devices which must auto-injectors
224 that shall include provisions to protect the safety of all
225 students from the misuse or abuse of such delivery devices auto
226 injectors. A school district, county health department, public
227 private partner, and their employees and volunteers shall be
228 indemnified by the parent of a student authorized to carry an
229 FDA-approved epinephrine delivery device auto-injector for any
230 and all liability with respect to the student’s use of an FDA
231 approved epinephrine delivery device auto-injector pursuant to
232 this paragraph.
233 2. A public school may purchase a supply of FDA-approved
234 epinephrine delivery devices auto-injectors from a wholesale
235 distributor as defined in s. 499.003 or may enter into an
236 arrangement with a wholesale distributor or manufacturer as
237 defined in s. 499.003 for the FDA-approved epinephrine delivery
238 devices auto-injectors at fair-market, free, or reduced prices
239 for use in the event a student has an anaphylactic reaction. The
240 FDA-approved epinephrine delivery devices auto-injectors must be
241 maintained in a secure location on the public school’s premises.
242 The participating school district shall adopt a protocol
243 developed by a licensed physician for the administration by
244 school personnel who are trained to recognize an anaphylactic
245 reaction and to administer an epinephrine by an FDA-approved
246 delivery device auto-injection. The supply of FDA-approved
247 epinephrine delivery devices auto-injectors may be provided to
248 and used by a student authorized to self-administer epinephrine
249 by FDA-approved delivery device auto-injector under subparagraph
250 1. or trained school personnel.
251 3. The school district and its employees, agents, and the
252 physician who provides the standing protocol for school FDA
253 approved epinephrine delivery devices auto-injectors are not
254 liable for any injury arising from the use of such an
255 epinephrine delivery device auto-injector administered by
256 trained school personnel who follow the adopted protocol and
257 whose professional opinion is that the student is having an
258 anaphylactic reaction:
259 a. Unless the trained school personnel’s action is willful
260 and wanton;
261 b. Notwithstanding that the parents or guardians of the
262 student to whom the epinephrine is administered have not been
263 provided notice or have not signed a statement acknowledging
264 that the school district is not liable; and
265 c. Regardless of whether authorization has been given by
266 the student’s parents or guardians or by the student’s
267 physician, physician assistant, or advanced practice registered
268 nurse.
269 Section 3. Subsection (17) of section 1002.42, Florida
270 Statutes, is amended to read:
271 1002.42 Private schools.—
272 (17) EPINEPHRINE SUPPLY.—
273 (a) A private school may purchase a supply of FDA-approved
274 epinephrine delivery devices auto-injectors from a wholesale
275 distributor as defined in s. 499.003 or may enter into an
276 arrangement with a wholesale distributor or manufacturer as
277 defined in s. 499.003 for the FDA-approved epinephrine delivery
278 devices auto-injectors at fair-market, free, or reduced prices
279 for use in the event a student has an anaphylactic reaction. The
280 FDA-approved epinephrine delivery devices auto-injectors must be
281 maintained in a secure location on the private school’s
282 premises. The participating private school shall adopt a
283 protocol developed by a licensed physician for the
284 administration by private school personnel who are trained to
285 recognize an anaphylactic reaction and to administer epinephrine
286 by an FDA-approved epinephrine delivery device auto-injection.
287 The supply of FDA-approved epinephrine delivery devices auto
288 injectors may be provided to and used by a student authorized to
289 self-administer epinephrine by an FDA-approved delivery device
290 auto-injector under s. 1002.20(3)(i) or trained school
291 personnel.
292 (b) The private school and its employees, agents, and the
293 physician who provides the standing protocol for school FDA
294 approved epinephrine delivery devices auto-injectors are not
295 liable for any injury arising from the use of an FDA-approved
296 epinephrine delivery device auto-injector administered by
297 trained school personnel who follow the adopted protocol and
298 whose professional opinion is that the student is having an
299 anaphylactic reaction:
300 1. Unless the trained school personnel’s action is willful
301 and wanton;
302 2. Notwithstanding that the parents or guardians of the
303 student to whom the epinephrine is administered have not been
304 provided notice or have not signed a statement acknowledging
305 that the school district is not liable; and
306 3. Regardless of whether authorization has been given by
307 the student’s parents or guardians or by the student’s
308 physician, physician assistant, or advanced practice registered
309 nurse.
310 Section 4. Paragraph (i) of subsection (1) of section
311 1002.421, Florida Statutes, is amended to read:
312 1002.421 State school choice scholarship program
313 accountability and oversight.—
314 (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
315 school participating in an educational scholarship program
316 established pursuant to this chapter must be a private school as
317 defined in s. 1002.01 in this state, be registered, and be in
318 compliance with all requirements of this section in addition to
319 private school requirements outlined in s. 1002.42, specific
320 requirements identified within respective scholarship program
321 laws, and other provisions of Florida law that apply to private
322 schools, and must:
323 (i) Maintain a physical location in the state at which each
324 student has regular and direct contact with teachers. Regular
325 and direct contact with teachers may be satisfied for students
326 enrolled in a personalized education program or for students
327 eligible for a scholarship under s. 1002.394(3)(b) if students
328 have regular and direct contact with teachers at the physical
329 location at least 2 school days per week and the student
330 learning plan addresses the remaining instructional time.
331
332 The department shall suspend the payment of funds to a private
333 school that knowingly fails to comply with this subsection, and
334 shall prohibit the school from enrolling new scholarship
335 students, for 1 fiscal year and until the school complies. If a
336 private school fails to meet the requirements of this subsection
337 or has consecutive years of material exceptions listed in the
338 report required under paragraph (q), the commissioner may
339 determine that the private school is ineligible to participate
340 in a scholarship program.
341 Section 5. Subsection (6) of section 1002.55, Florida
342 Statutes, is amended to read:
343 1002.55 School-year prekindergarten program delivered by
344 private prekindergarten providers.—
345 (6) Each early learning coalition must verify that each
346 private prekindergarten provider delivering the Voluntary
347 Prekindergarten Education Program within the coalition’s county
348 or multicounty region complies with this part. If a private
349 prekindergarten provider fails or refuses to comply with this
350 part or engages in misconduct, the department shall require the
351 early learning coalition to remove the provider from eligibility
352 to deliver the program and receive state funds under this part
353 for a period of at least 2 program years but no more than 5
354 years.
355 Section 6. Paragraph (b) of subsection (10) of section
356 1002.61, Florida Statutes, is amended to read:
357 1002.61 Summer prekindergarten program delivered by public
358 schools and private prekindergarten providers.—
359 (10)
360 (b) If a private prekindergarten provider or public school
361 fails or refuses to comply with this part or engages in
362 misconduct, the department shall require the early learning
363 coalition to remove the provider and require the school district
364 to remove the school from eligibility to deliver the Voluntary
365 Prekindergarten Education Program and receive state funds under
366 this part for a period of at least 2 program years but no more
367 than 5 years.
368 Section 7. Paragraph (b) of subsection (9) of section
369 1002.63, Florida Statutes, is amended to read:
370 1002.63 School-year prekindergarten program delivered by
371 public schools.—
372 (9)
373 (b) If a public school fails or refuses to comply with this
374 part or engages in misconduct, the department shall require the
375 school district to remove the school from eligibility to deliver
376 the Voluntary Prekindergarten Education Program and receive
377 state funds under this part for a period of at least 2 program
378 years but no more than 5 years.
379 Section 8. Subsection (3), paragraph (e) of subsection (4),
380 paragraphs (a), (c), and (d) of subsection (5), and paragraph
381 (e) of subsection (6) of section 1002.68, Florida Statutes, are
382 amended to read:
383 1002.68 Voluntary Prekindergarten Education Program
384 accountability.—
385 (3)(a) For the 2020-2021 program year, the department shall
386 calculate a kindergarten readiness rate for each private
387 prekindergarten provider and public school participating in the
388 Voluntary Prekindergarten Education Program based upon learning
389 gains and the percentage of students assessed as ready for
390 kindergarten. The department shall require that each school
391 district administer the statewide kindergarten screening in use
392 before the 2021-2022 school year to each kindergarten student in
393 the school district within the first 30 school days of the 2021
394 2022 school year. Private schools may administer the statewide
395 kindergarten screening to each kindergarten student in a private
396 school who was enrolled in the Voluntary Prekindergarten
397 Education Program. Learning gains shall be determined using a
398 value-added measure based on growth demonstrated by the results
399 of the preassessment and postassessment in use before the 2021
400 2022 program year. However, a provider may not be newly placed
401 on probationary status under this paragraph. A provider
402 currently on probationary status may only be removed from such
403 status if the provider earns the minimum rate, determined
404 pursuant to subsection (5). The methodology for calculating a
405 provider’s readiness rate may not include students who are not
406 administered the statewide kindergarten screening.
407 (b) For the 2021-2022 program year, kindergarten screening
408 results may not be used in the calculation of readiness rates.
409 Any private prekindergarten provider or public school
410 participating in the Voluntary Prekindergarten Education Program
411 which fails to meet the minimum kindergarten readiness rate for
412 the 2021-2022 program year is subject to the probation
413 requirements of subsection (5).
414 (3)(4)
415 (e) Subject to an appropriation, the department shall
416 provide for a differential payment to a private prekindergarten
417 provider and public school based on the provider’s designation.
418 The maximum differential payment may not exceed a total of 15
419 percent of the base student allocation per full-time equivalent
420 student under s. 1002.71 attending in the consecutive program
421 year for that program. A private prekindergarten provider or
422 public school may not receive a differential payment if it
423 receives a designation of “proficient” or lower. Before the
424 adoption of the methodology, the department shall confer with
425 the Council for Early Grade Success under s. 1008.2125 before
426 receiving approval from the State Board of Education for the
427 final recommendations on the designation system and differential
428 payments.
429 (4)(a)(5)(a) If a public school’s or private
430 prekindergarten provider’s program assessment composite score
431 for its prekindergarten classrooms fails to meet the minimum
432 program assessment composite score for contracting adopted in
433 rule by the department, the private prekindergarten provider or
434 public school may not participate in the Voluntary
435 Prekindergarten Education Program beginning in the consecutive
436 program year for a period of 2 program years and thereafter
437 until the public school or private prekindergarten provider
438 meets the minimum composite score for contracting. A public
439 school or private prekindergarten provider may request one
440 program assessment per program year in order to requalify for
441 participation in the Voluntary Prekindergarten Education
442 Program, provided that the public school or private
443 prekindergarten provider is not excluded from participation
444 under ss. 1002.55(6), 1002.61(10)(b), 1002.63(9)(b), or
445 paragraph (b) (5)(b) of this section. If a public school or
446 private prekindergarten provider would like an additional
447 program assessment completed within the same program year, the
448 public school or private prekindergarten provider shall be
449 responsible for the cost of the program assessment.
450 (c) A private prekindergarten provider or public school
451 that is placed on probation must continue the corrective actions
452 required under paragraph (b) until the provider or school meets
453 the minimum performance metric or designation adopted by the
454 department. Failure to meet the requirements of subparagraphs
455 (b)1. and 3. shall result in the termination of the provider’s
456 or school’s contract to deliver the Voluntary Prekindergarten
457 Education Program for a period of at least 2 program years but
458 no more than 5 years.
459 (d) If a private prekindergarten provider or public school
460 remains on probation for 2 consecutive years and fails to meet
461 the minimum performance metric or designation, or is not granted
462 a good cause exemption by the department, the department shall
463 require the early learning coalition to revoke the provider’s
464 eligibility and the school district to revoke the school’s
465 eligibility to deliver the Voluntary Prekindergarten Education
466 Program and receive state funds for the program for a period of
467 at least 2 program years but no more than 5 years.
468 (5)(6)
469 (e) A private prekindergarten provider or public school
470 granted a good cause exemption shall continue to implement its
471 improvement plan and continue the corrective actions required
472 under paragraph (4)(b) (5)(b) until the provider or school meets
473 the minimum performance metric.
474 Section 9. Paragraph (m) of subsection (2) of section
475 1002.82, Florida Statutes, is amended to read:
476 1002.82 Department of Education; powers and duties.—
477 (2) The department shall:
478 (m) Provide technical support to an early learning
479 coalition to facilitate the use of a standard statewide provider
480 contract adopted by the department to be used with each school
481 readiness program provider, with standardized attachments by
482 provider type. The department shall publish a copy of the
483 standard statewide provider contract on its website. The
484 standard statewide contract shall include, at a minimum,
485 contracted slots, if applicable, in accordance with the Child
486 Care and Development Block Grant Act of 2014, 45 C.F.R. parts 98
487 and 99; quality improvement strategies, if applicable; program
488 assessment requirements; and provisions for provider probation,
489 termination for cause, and emergency termination for those
490 actions or inactions of a provider that pose an immediate and
491 serious danger to the health, safety, or welfare of the
492 children. The standard statewide provider contract shall also
493 include appropriate due process procedures. During the pendency
494 of an appeal of a termination, the provider may not continue to
495 offer its services. Any provision imposed upon a provider that
496 is inconsistent with, or prohibited by, law is void and
497 unenforceable. Provisions for termination for cause must also
498 include failure to meet the minimum quality measures established
499 under paragraph (n) for a period of 2 up to 5 years, unless the
500 coalition determines that the provider is essential to meeting
501 capacity needs based on the assessment under s. 1002.85(2)(i)
502 and the provider has an active improvement plan pursuant to
503 paragraph (n).
504 Section 10. Paragraph (a) of subsection (2) of section
505 1002.88, Florida Statutes, is amended to read:
506 1002.88 School readiness program provider standards;
507 eligibility to deliver the school readiness program.—
508 (2)(a) If a school readiness program provider fails or
509 refuses to comply with this part or any contractual obligation
510 of the statewide provider contract under s. 1002.82(2)(m), the
511 coalition may revoke the provider’s eligibility to deliver the
512 school readiness program or receive state or federal funds under
513 this chapter for a period of 2 fiscal 5 years.
514 Section 11. Subsection (5) of section 1002.91, Florida
515 Statutes, is amended to read:
516 1002.91 Investigations of fraud or overpayment; penalties.—
517 (5) If a school readiness program provider or a Voluntary
518 Prekindergarten Education Program provider, or an owner,
519 officer, or director thereof, is convicted of, found guilty of,
520 or pleads guilty or nolo contendere to, regardless of
521 adjudication, public assistance fraud pursuant to s. 414.39, or
522 is acting as the beneficial owner for someone who has been
523 convicted of, found guilty of, or pleads guilty or nolo
524 contendere to, regardless of adjudication, public assistance
525 fraud pursuant to s. 414.39, the early learning coalition shall
526 refrain from contracting with, or using the services of, that
527 provider for a period of 2 fiscal 5 years. In addition, the
528 coalition must shall refrain from contracting with, or using the
529 services of, any provider that shares an officer or director
530 with a provider that is convicted of, found guilty of, or pleads
531 guilty or nolo contendere to, regardless of adjudication, public
532 assistance fraud pursuant to s. 414.39 for a period of 2 5
533 years.
534 Section 12. Paragraph (b) of subsection (3) and paragraphs
535 (a) and (d) of subsection (4) of section 1002.945, Florida
536 Statutes, are amended to read:
537 1002.945 Gold Seal Quality Care Program.—
538 (3)
539 (b) The Department of Education shall establish a process
540 that verifies that the accrediting association meets the
541 provisions of paragraph (a), which must include an auditing
542 program and any other procedures that may reasonably determine
543 an accrediting association’s compliance with this section. If an
544 accrediting association is not in compliance and fails to cure
545 its deficiencies within 30 days, the department shall recommend
546 to the state board termination of the accrediting association’s
547 participation as an accrediting association in the program for a
548 period of at least 2 years but no more than 5 years. If an
549 accrediting association is removed from being an approved
550 accrediting association, each child care provider accredited by
551 that association shall have up to 1 year to obtain a new
552 accreditation from a department-approved accreditation
553 association.
554 (4) In order to obtain and maintain a designation as a Gold
555 Seal Quality Care provider, a child care facility, large family
556 child care home, or family day care home must meet the following
557 additional criteria:
558 (a) The child care provider must not have had any class I
559 violations, as defined by rule of the Department of Children and
560 Families, for which the Department of Children and Families
561 determines that the child care provider is the primary cause of
562 the violation within the 2 years preceding its application for
563 designation as a Gold Seal Quality Care provider. Commission of
564 a class I violation for which the Department of Children and
565 Families determines that the child care provider is the primary
566 cause of the violation shall be grounds for termination of the
567 designation as a Gold Seal Quality Care provider until the
568 provider has no class I violations for a period of 2 years.
569 (d) Notwithstanding paragraph (a), if the Department of
570 Education determines through a formal process that a provider
571 has been in business for at least 5 years and has no other class
572 I violations recorded, the department may recommend to the state
573 board that the provider maintain its Gold Seal Quality Care
574 status. The state board’s determination regarding such
575 provider’s status is final.
576 Section 13. Subsections (1), (2), and (5) of section
577 1003.42, Florida Statutes, are amended to read:
578 1003.42 Required instruction.—
579 (1)(a) Each district school board shall provide all courses
580 required for middle grades promotion, high school graduation,
581 and appropriate instruction designed to ensure that students
582 meet State Board of Education adopted standards in the following
583 subject areas: reading and other language arts, mathematics,
584 science, social studies, foreign languages, health and physical
585 education, and the arts. The state board must remove a middle
586 grades course in the Course Code Directory that does not fully
587 integrate all appropriate curricular content required by s.
588 1003.41 and may approve a new course only if it meets the
589 required curricular content.
590 (b) All materials used to teach reproductive health or any
591 disease, including HIV/AIDS, its symptoms, development, and
592 treatment, as part of the courses referenced in subsection (5),
593 must be approved by the department.
594 (2) Members of the instructional staff of the public
595 schools, subject to the rules of the State Board of Education
596 and the district school board, shall teach efficiently and
597 faithfully, using the books and materials required that meet the
598 highest standards for professionalism and historical accuracy,
599 following the prescribed courses of study, and employing
600 approved methods of instruction, the following:
601 (a) The history and content of the Declaration of
602 Independence, including national sovereignty, natural law, self
603 evident truth, equality of all persons, limited government,
604 popular sovereignty, and inalienable rights of life, liberty,
605 and property, and how they form the philosophical foundation of
606 our government.
607 (b) The history, meaning, significance, and effect of the
608 provisions of the Constitution of the United States and
609 amendments thereto, with emphasis on each of the 10 amendments
610 that make up the Bill of Rights and how the constitution
611 provides the structure of our government.
612 (c) The arguments in support of adopting our republican
613 form of government, as they are embodied in the most important
614 of the Federalist Papers.
615 (d) Flag education, including proper flag display and flag
616 salute.
617 (e) The elements of civil government, including the primary
618 functions of and interrelationships between the Federal
619 Government, the state, and its counties, municipalities, school
620 districts, and special districts.
621 (f) The history of the United States, including the period
622 of discovery, early colonies, the War for Independence, the
623 Civil War, the expansion of the United States to its present
624 boundaries, the world wars, and the civil rights movement to the
625 present. American history shall be viewed as factual, not as
626 constructed, shall be viewed as knowable, teachable, and
627 testable, and shall be defined as the creation of a new nation
628 based largely on the universal principles stated in the
629 Declaration of Independence.
630 (g)1. The history of the Holocaust (1933-1945), the
631 systematic, planned annihilation of European Jews and other
632 groups by Nazi Germany, a watershed event in the history of
633 humanity, to be taught in a manner that leads to an
634 investigation of human behavior, an understanding of the
635 ramifications of prejudice, racism, and stereotyping, and an
636 examination of what it means to be a responsible and respectful
637 person, for the purposes of encouraging tolerance of diversity
638 in a pluralistic society and for nurturing and protecting
639 democratic values and institutions, including the policy,
640 definition, and historical and current examples of antisemitism,
641 as described in s. 1000.05(8), and the prevention of
642 antisemitism. Each school district must annually certify and
643 provide evidence to the department, in a manner prescribed by
644 the department, that the requirements of this paragraph are met.
645 The department shall prepare and offer standards and curriculum
646 for the instruction required by this paragraph and may seek
647 input from the Commissioner of Education’s Task Force on
648 Holocaust Education or from any state or nationally recognized
649 Holocaust educational organizations. The department may contract
650 with any state or nationally recognized Holocaust educational
651 organizations to develop training for instructional personnel
652 and grade-appropriate classroom resources to support the
653 developed curriculum.
654 2. The second week in November shall be designated as
655 “Holocaust Education Week” in this state in recognition that
656 November is the anniversary of Kristallnacht, widely recognized
657 as a precipitating event that led to the Holocaust.
658 (h) The history of African Americans, including the history
659 of African peoples before the political conflicts that led to
660 the development of slavery, the passage to America, the
661 enslavement experience, abolition, and the history and
662 contributions of Americans of the African diaspora to society.
663 Students shall develop an understanding of the ramifications of
664 prejudice, racism, and stereotyping on individual freedoms, and
665 examine what it means to be a responsible and respectful person,
666 for the purpose of encouraging tolerance of diversity in a
667 pluralistic society and for nurturing and protecting democratic
668 values and institutions. Instruction shall include the roles and
669 contributions of individuals from all walks of life and their
670 endeavors to learn and thrive throughout history as artists,
671 scientists, educators, businesspeople, influential thinkers,
672 members of the faith community, and political and governmental
673 leaders and the courageous steps they took to fulfill the
674 promise of democracy and unite the nation. Instructional
675 materials shall include the vital contributions of African
676 Americans to build and strengthen American society and celebrate
677 the inspirational stories of African Americans who prospered,
678 even in the most difficult circumstances. Instructional
679 personnel may facilitate discussions and use curricula to
680 address, in an age-appropriate manner, how the individual
681 freedoms of persons have been infringed by slavery, racial
682 oppression, racial segregation, and racial discrimination, as
683 well as topics relating to the enactment and enforcement of laws
684 resulting in racial oppression, racial segregation, and racial
685 discrimination and how recognition of these freedoms has
686 overturned these unjust laws. However, classroom instruction and
687 curriculum may not be used to indoctrinate or persuade students
688 to a particular point of view inconsistent with the principles
689 enumerated in subsection (3) or the state academic standards.
690 Each school district must annually certify and provide evidence
691 to the department, in a manner prescribed by the department,
692 that the requirements of this paragraph are met. The department
693 shall prepare and offer standards and curriculum for the
694 instruction required by this paragraph and may seek input from
695 the Commissioner of Education’s African American History Task
696 Force or from any state or nationally recognized African
697 American educational organizations. The department may contract
698 with any state or nationally recognized African-American
699 educational organizations to develop training for instructional
700 personnel and grade-appropriate classroom resources to support
701 the developed curriculum.
702 (i) The history of Asian Americans and Pacific Islanders,
703 including the history of Japanese internment camps and the
704 incarceration of Japanese-Americans during World War II; the
705 immigration, citizenship, civil rights, identity, and culture of
706 Asian Americans and Pacific Islanders; and the contributions of
707 Asian Americans and Pacific Islanders to American society.
708 Instructional materials shall include the contributions of Asian
709 Americans and Pacific Islanders to American society.
710 (j) The elementary principles of agriculture.
711 (k) The true effects of all alcoholic and intoxicating
712 liquors and beverages and narcotics upon the human body and
713 mind.
714 (l) Kindness to animals.
715 (m) The history of the state.
716 (n) The conservation of natural resources.
717 (o) Comprehensive age-appropriate and developmentally
718 appropriate K-12 instruction on:
719 1. Health education that addresses concepts of community
720 health, consumer health, environmental health, and family life,
721 including:
722 a. Injury prevention and safety.
723 b. Internet safety.
724 c. Nutrition.
725 d. Personal health.
726 e. Prevention and control of disease.
727 f. Substance use and abuse.
728 g. Prevention of child sexual abuse, exploitation, and
729 human trafficking.
730 h. Human embryologic and fetal development.
731 2. For students in grades 7 through 12, teen dating
732 violence and abuse. This component must include, but not be
733 limited to, the definition of dating violence and abuse, the
734 warning signs of dating violence and abusive behavior, the
735 characteristics of healthy relationships, measures to prevent
736 and stop dating violence and abuse, and community resources
737 available to victims of dating violence and abuse.
738 3. For students in grades 6 through 12, awareness of the
739 benefits of sexual abstinence as the expected standard and the
740 consequences of teenage pregnancy.
741 4. Life skills that build confidence, support mental and
742 emotional health, and enable students to overcome challenges,
743 including:
744 a. Self-awareness and self-management.
745 b. Responsible decisionmaking.
746 c. Resiliency.
747 d. Relationship skills and conflict resolution.
748 e. Understanding and respecting other viewpoints and
749 backgrounds.
750 f. For grades 9 through 12, developing leadership skills,
751 interpersonal skills, organization skills, and research skills;
752 creating a résumé, including a digital résumé; exploring career
753 pathways; using state career planning resources; developing and
754 practicing the skills necessary for employment interviews;
755 workplace ethics and workplace law; managing stress and
756 expectations; and self-motivation.
757 5.a. For students in grades 6 through 12, the social,
758 emotional, and physical effects of social media. This component
759 must include, but need not be limited to, the negative effects
760 of social media on mental health, including addiction; the
761 distribution of misinformation on social media; how social media
762 manipulates behavior; the permanency of sharing materials
763 online; how to maintain personal security and identify
764 cyberbullying, predatory behavior, and human trafficking on the
765 Internet; and how to report suspicious behavior encountered on
766 the Internet.
767 b. The Department of Education shall make available online
768 the instructional material being used pursuant to this
769 subparagraph, and each district school board shall notify
770 parents of its availability.
771 6. For students in grades 6 through 12, health education
772 addressing human embryologic and fetal development, including:
773 a. A high-definition ultrasound video, at least 1 minute in
774 duration, showing the development of the heart and other organs
775 and movement of the limbs and head; and
776 b. A high-quality, computer-generated rendering, animation,
777 video, or other multimedia, at least 3 minutes in duration,
778 showing and describing the process of fertilization and various
779 stages of human development inside the uterus, noting
780 significant markers in cell growth and organ development, by
781 week, from conception until birth.
782
783 Health education and life skills instruction and materials may
784 not contradict the principles enumerated in subsection (3).
785 (p) Such additional materials, subjects, courses, or fields
786 in such grades as are prescribed by law or by rules of the State
787 Board of Education and the district school board in fulfilling
788 the requirements of law.
789 (q) The study of Hispanic contributions to the United
790 States.
791 (r) The study of women’s contributions to the United
792 States.
793 (s) The nature and importance of free enterprise to the
794 United States economy.
795 (t) Civic and character education on the qualities and
796 responsibilities of patriotism and citizenship, including
797 kindness; respect for authority, life, liberty, and personal
798 property; honesty; charity; racial, ethnic, and religious
799 tolerance; and cooperation and, for grades 11 and 12, voting
800 using the uniform primary and general election ballot described
801 in s. 101.151(9).
802 (u)1. In order to encourage patriotism, the sacrifices that
803 Medal of Honor recipients have made in serving our country and
804 protecting democratic values worldwide. Such instruction must
805 occur on or before Medal of Honor Day. Members of the
806 instructional staff are encouraged to use the assistance of
807 local veterans and Medal of Honor recipients when practicable.
808 2. The history and importance of Veterans’ Day and Memorial
809 Day. Such instruction may include two 45-minute lessons that
810 occur on or before the respective holidays.
811 (v)1. Beginning in the 2026-2027 school year, the history
812 of communism. Such instruction must be age appropriate and
813 developmentally appropriate and include:
814 a. The history of communism in the United States and
815 domestic communist movements, including their histories and
816 tactics.
817 b. Atrocities committed in foreign countries under the
818 guidance of communism.
819 c. Comparative discussion of political ideologies, such as
820 communism and totalitarianism, which conflict with the
821 principles of freedom and democracy essential to the founding
822 principles of the United States.
823 d. The increasing threat of communism in the United States
824 and to our allies through the 20th century, including the events
825 of the Cultural Revolution in the People’s Republic of China and
826 other mass killings from communist regimes.
827 e. The economic, industrial, and political events that have
828 preceded and anticipated communist revolutions.
829 f. The communist policies of Cuba and the spread of
830 communist ideologies throughout Latin America, including the
831 roots of the Communist Party of Cuba and guerrilla forces
832 throughout Latin America.
833 2. The department shall prepare and offer standards for the
834 instruction required by this paragraph and may seek input from
835 any individual who was a victim of communism or any state or
836 nationally recognized organization dedicated to the victims of
837 communism.
838
839 The State Board of Education is encouraged to adopt standards
840 and pursue assessment of the requirements of this subsection.
841 Instructional programming that incorporates the values of the
842 recipients of the Congressional Medal of Honor and that is
843 offered as part of a social studies, English Language Arts, or
844 other schoolwide character building and veteran awareness
845 initiative meets the requirements of paragraph (u). The State
846 Board of Education may adopt rules to implement the provisions
847 of this section regarding health education addressing human
848 embryologic and fetal development.
849 (5) A school district, or a school as defined in s.
850 1003.01, must notify parents and guardians and obtain written
851 consent of a parent or guardian before providing his or her
852 student with instruction on HIV/AIDS and its symptoms,
853 development, and treatment. A student may not participate in
854 such instruction without the prior written consent of his or her
855 parent or guardian. A student whose parent or guardian does not
856 provide such written consent may not be penalized Any student
857 whose parent makes written request to the school principal shall
858 be exempted from the teaching of reproductive health or any
859 disease, including HIV/AIDS, its symptoms, development, and
860 treatment. A student so exempted may not be penalized by reason
861 of that exemption. Course descriptions for comprehensive health
862 education shall not interfere with the local determination of
863 appropriate curriculum that which reflects local values and
864 concerns. Each school district shall, on the district’s website
865 homepage, notify parents of this right and the process to
866 provide or withhold consent request an exemption. The home page
867 must include a link for a student’s parent to access and review
868 the instructional materials, as defined in s. 1006.29(2), used
869 to teach the curriculum.
870 Section 14. Section 1003.4202, Florida Statutes, is created
871 to read:
872 1003.4202 Comprehensive system of mathematics instruction.—
873 (1) Each school district must implement a system of
874 comprehensive mathematics instruction for students enrolled in
875 prekindergarten through grade 12 and students who exhibit a
876 substantial deficiency in early mathematics skills under s.
877 1008.25(6).
878 (2) Each school district must develop, and submit to the
879 district school board for approval, a detailed mathematics
880 instruction plan that outlines the components of the district’s
881 comprehensive system of mathematics instruction. The plan must
882 include all district schools, including charter schools, unless
883 a charter school elects to submit a plan independently from the
884 school district. A charter school plan must comply with this
885 section and must be approved by the charter school’s governing
886 body and provided to the charter school’s sponsor.
887 (3) Components of the mathematics instruction plan may
888 include the following:
889 (a) Additional time per day of evidence-based intensive
890 mathematics instruction for kindergarten through grade 12
891 students which may be delivered during or outside of the regular
892 school day.
893 (b) Highly qualified mathematics coaches who hold a grades
894 5-9 mathematics certification or a grades 6-12 mathematics
895 certification and have 3 consecutive years of a highly effective
896 district evaluation, pursuant to s. 1012.34, to support
897 classroom teachers in making instructional decisions based on
898 progress monitoring data collected pursuant to s. 1008.25(8) and
899 improve classroom teacher delivery of effective mathematics
900 instruction and mathematics intervention.
901 (c) Tutoring in mathematics.
902 (4) Each school district shall submit its approved
903 mathematics instruction plan, including approved mathematics
904 instruction plans for each charter school in the district, to
905 the school board or charter school governing board by August 1
906 of each fiscal year.
907 (5) For purposes of this section, the term “evidence-based”
908 means demonstrating a statistically significant effect on
909 improving student outcomes or other relevant outcomes as
910 provided in 20 U.S.C. s. 8101(21)(A)(i).
911 Section 15. Subsection (1) of section 1003.46, Florida
912 Statutes, is amended to read:
913 1003.46 Health education; instruction in acquired immune
914 deficiency syndrome.—
915 (1) Each district school board may provide instruction in
916 acquired immune deficiency syndrome education as a specific area
917 of health education. Such instruction may include, but is not
918 limited to, the known modes of transmission, signs and symptoms,
919 risk factors associated with acquired immune deficiency
920 syndrome, and means used to control the spread of acquired
921 immune deficiency syndrome. The instruction shall be appropriate
922 for the grade and age of the student and shall reflect current
923 theory, knowledge, and practice regarding acquired immune
924 deficiency syndrome and its prevention. The district school
925 board must obtain written consent from a student’s parent or
926 guardian before the student receives instruction.
927 Section 16. Paragraph (f) of subsection (6) of section
928 1006.07, Florida Statutes, is amended to read:
929 1006.07 District school board duties relating to student
930 discipline and school safety.—The district school board shall
931 provide for the proper accounting for all students, for the
932 attendance and control of students at school, and for proper
933 attention to health, safety, and other matters relating to the
934 welfare of students, including:
935 (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
936 school superintendent shall establish policies and procedures
937 for the prevention of violence on school grounds, including the
938 assessment of and intervention with individuals whose behavior
939 poses a threat to the safety of the school community.
940 (f) School safety requirements.—Each school district and
941 charter school governing board shall comply with the following
942 school safety requirements, which apply from 30 minutes before
943 the school start time until 30 minutes after the end of the
944 school day:
945 1. All gates or other access points that restrict ingress
946 to or egress from the exclusive zone of a school campus shall
947 remain closed and locked when students are on campus. For the
948 purposes of this section, the term “exclusive zone” means the
949 area within a gate or door allowing access to the interior
950 perimeter of a school campus beyond a single point of entry. A
951 gate or access point to the exclusive zone may only be open or
952 unlocked if one of the following conditions is met:
953 a. It is attended or actively staffed when students are on
954 campus;
955 b. The use complies with a shared use agreement pursuant to
956 s. 1013.101;
957 c. Another closed and locked gate or access point separates
958 the open or unlocked gate from areas occupied by students; or
959 d. The school safety specialist, or his or her designee,
960 has documented in the Florida Safe Schools Assessment Tool
961 portal maintained by the Office of Safe Schools that the gate or
962 other access point is not subject to this requirement based upon
963 other safety measures at the school. The office may conduct a
964 compliance visit pursuant to s. 1001.212(13) to review if such
965 determination is appropriate.
966
967 This subparagraph does not apply to the nonexclusive zone of a
968 school campus. The term “nonexclusive zone” means the area
969 outside of the exclusive zone but contained on school property.
970 Nonexclusive zones may include, but are not limited to, such
971 spaces as parking lots, athletic fields and stadiums, mechanical
972 buildings, playgrounds, bus ramps, agricultural spaces, and
973 other areas that do not give direct, unimpeded access to the
974 exclusive zone.
975 2.a. All school classrooms and other instructional spaces
976 must be locked to prevent ingress when occupied by students,
977 except between class periods when students are moving between
978 classrooms or other instructional spaces. If a classroom or
979 other instructional space door must be left unlocked or open for
980 any reason other than between class periods when students are
981 moving between classrooms or other instructional spaces, the
982 door must be actively staffed by a person standing or seated at
983 the door. All school classrooms and other instructional spaces
984 with a permanently installed door lock may also use temporary
985 door locks during an active assailant incident. The temporary
986 door lock must be able to be engaged or removed without opening
987 the door; must be easily removed in a single operation from the
988 egress side of the door without the use of a key and from the
989 ingress side of the door with the use of a key or other
990 credential; may be installed at any height; must otherwise be in
991 compliance with the Florida Fire Prevention Code; and must be
992 integrated into the active assailant response plan.
993 b. Instructional spaces for career and technical education
994 which are designed as open areas for which compliance with the
995 requirements of sub-subparagraph a. affects the health and
996 safety of students may be exempted from compliance with that
997 sub-subparagraph by the school safety specialist. To be exempt,
998 the school safety specialist, or his or her designee, must
999 document in the Florida Safe Schools Assessment Tool portal
1000 maintained by the Office of Safe Schools that the instructional
1001 space is exempt from these requirements due to negative impacts
1002 to student health and safety and the presence of other safety
1003 measures at the school that prevent egress from the
1004 instructional space to hallways or other classrooms or
1005 instructional spaces.
1006 c. Common areas on a school campus, including, but not
1007 limited to, cafeterias, auditoriums, and media centers, which
1008 are used for instructional time or student testing must meet the
1009 requirements of sub-subparagraph a. only when such areas are
1010 being used for instructional time or student testing.
1011 3. For schools that do not have a secure exclusive zone,
1012 all campus access doors, gates, and other access points that
1013 allow ingress to or egress from a school building shall remain
1014 closed and locked at all times to prevent ingress, unless:
1015 a. A person is actively entering or exiting the door, gate,
1016 or other access point;
1017 b. The door, gate, or access point is actively staffed by
1018 school personnel to prevent unauthorized entry; or
1019 c. The school safety specialist, or his or her designee,
1020 has documented in the Florida Safe Schools Assessment Tool
1021 portal maintained by the Office of Safe Schools that the open
1022 and unlocked door, gate, or other access point is not subject to
1023 this requirement based upon other safety measures at the school.
1024 There must be at least one locked barrier between classrooms and
1025 instructional spaces and open school campus.
1026
1027 The office may conduct a compliance visit pursuant to s.
1028 1001.212(13) to review if such determination is appropriate. All
1029 campus access doors, gates, and other access points may be
1030 electronically or manually controlled by school personnel to
1031 allow access by authorized visitors, students, and school
1032 personnel.
1033 4. All school classrooms and other instructional spaces
1034 must clearly and conspicuously mark the safest areas in each
1035 classroom or other instructional space where students must
1036 shelter in place during an emergency. Students must be notified
1037 of these safe areas within the first 10 days of the school year.
1038 If it is not feasible to clearly and conspicuously mark the
1039 safest areas in a classroom or other instructional space, the
1040 school safety specialist, or his or her designee, must document
1041 such determination in the Florida Safe Schools Assessment Tool
1042 portal maintained by the Office of Safe Schools, identifying
1043 where affected students must shelter in place. The office shall
1044 assist the school safety specialist with compliance during the
1045 inspection required under s. 1001.212(13).
1046
1047 Persons who are aware of a violation of this paragraph must
1048 report the violation to the school principal. The school
1049 principal must report the violation to the school safety
1050 specialist no later than the next business day after receiving
1051 such report. If the person who violated this paragraph is the
1052 school principal or charter school administrator, the report
1053 must be made directly to the district school superintendent or
1054 charter school governing board, as applicable.
1055 Section 17. Present subsection (17) of section 1006.38,
1056 Florida Statutes, is redesignated as subsection (18), a new
1057 subsection (17) is added to that section, and subsection (15) of
1058 that section is amended, to read:
1059 1006.38 Duties, responsibilities, and requirements of
1060 instructional materials publishers and manufacturers.—This
1061 section applies to both the state and district approval
1062 processes. Publishers and manufacturers of instructional
1063 materials, or their representatives, shall:
1064 (15) Accurately and fully disclose only the names of those
1065 persons who actually authored the instructional materials. In
1066 addition to the penalties provided in subsection (18) (17), the
1067 commissioner may remove from the list of state-adopted
1068 instructional materials those instructional materials whose
1069 publisher or manufacturer misleads the purchaser by falsely
1070 representing genuine authorship.
1071 (17) Be removed from the list of state-adopted
1072 instructional materials for a period not to exceed 5 years, if
1073 the commissioner determines that a publisher or manufacturer has
1074 violated any provision of the law relating to the content,
1075 marketing, sale, distribution, or furnishing of instructional
1076 materials, or any requirement of this part. The commissioner
1077 also may, in his or her discretion, remove that publisher’s or
1078 manufacturer’s eligibility to offer instructional materials for
1079 state adoption for a period not to exceed 5 years.
1080 (a) Before action under this subsection, the department
1081 must provide written notice identifying the alleged violation
1082 and afford the publisher or manufacturer at least 15 business
1083 days to submit a written response and any proposed corrective
1084 action. The commissioner may shorten this timeframe if student
1085 safety or an immediate violation of law is implicated.
1086 (b) As a condition of continued eligibility or
1087 reinstatement, the commissioner may require corrective actions,
1088 including revision or replacement of materials at no cost to the
1089 state or districts, training, or other remediation the
1090 department prescribes.
1091 (c) Action taken under this subsection is in addition to,
1092 and does not limit, any other remedies available under this
1093 part, including removal of materials under s. 1006.35(3) and
1094 other applicable penalties.
1095 Section 18. Subsections (1) and (5) of section 1006.39,
1096 Florida Statutes, are amended to read:
1097 1006.39 Production and dissemination of educational
1098 materials and products by department.—
1099 (1) Educational materials and products developed by or
1100 under the direction of the department, through research and
1101 development or other efforts, including those subject to
1102 copyright, patent, or trademark, shall be made available for use
1103 by school districts, teachers, students, administrators, and
1104 other appropriate persons in the state system of education at
1105 the earliest practicable date and in the most economical and
1106 efficient manner possible.
1107 (5) A school district may purchase instructional materials
1108 developed by or under the direction of the department at any
1109 time during which the state academic standards for which the
1110 materials are aligned is in effect. Such purchases may be used
1111 by a district to meet the expenditure requirements for
1112 instructional materials that must be purchased from the state
1113 adopted list as provided in s. 1006.40 The department shall not
1114 enter into the business of producing or publishing instructional
1115 materials for general use in classrooms.
1116 Section 19. Paragraph (b) of subsection (5) and paragraph
1117 (a) of subsection (9) of section 1008.25, Florida Statutes, are
1118 amended to read:
1119 1008.25 Public school student progression; student support;
1120 coordinated screening and progress monitoring; reporting
1121 requirements.—
1122 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
1123 (b) A Voluntary Prekindergarten Education Program student
1124 who exhibits a substantial deficiency in early literacy skills
1125 based upon the results of the administration of the midyear or
1126 final coordinated screening and progress monitoring under
1127 subsection (9) shall be referred to the local school district
1128 and may be eligible to receive instruction in early literacy
1129 skills before participating in kindergarten. A Voluntary
1130 Prekindergarten Education Program student who scores below the
1131 25th 10th percentile on the final administration of the
1132 coordinated screening and progress monitoring under subsection
1133 (9) shall be referred to the local school district and is
1134 eligible to receive early literacy skill instructional support
1135 through a summer bridge program the summer before participating
1136 in kindergarten. The summer bridge program must meet
1137 requirements adopted by the department and shall consist of 4
1138 hours of instruction per day for a minimum of 100 total hours. A
1139 student with an individual education plan who has been retained
1140 pursuant to paragraph (2)(g) and has demonstrated a substantial
1141 deficiency in early literacy skills must receive instruction in
1142 early literacy skills.
1143 (9) COORDINATED SCREENING AND PROGRESS MONITORING SYSTEM.—
1144 (a) The Department of Education, in collaboration with the
1145 Office of Early Learning, shall procure and require the use of a
1146 statewide, standardized coordinated screening and progress
1147 monitoring system for the Voluntary Prekindergarten Education
1148 Program and public schools. The system must:
1149 1. Measure student progress in meeting the appropriate
1150 expectations in early literacy and mathematics skills and in
1151 English Language Arts and mathematics standards as required by
1152 ss. 1002.67(1)(a) and 1003.41 and identify the educational
1153 strengths and needs of students.
1154 2. For students in the Voluntary Prekindergarten Education
1155 Program through grade 3, measure student performance in oral
1156 language development, phonological and phonemic awareness,
1157 knowledge of print and letters, decoding, fluency, vocabulary,
1158 and comprehension, as applicable by grade level, and, at a
1159 minimum, provide interval level and norm-referenced data that
1160 measures equivalent levels of growth.
1161 3. Be a valid, reliable, and developmentally appropriate
1162 computer-based direct instrument that provides screening and
1163 diagnostic capabilities for monitoring student progress;
1164 identifies students who have a substantial deficiency in reading
1165 or mathematics, including identifying students with
1166 characteristics of dyslexia, dyscalculia, and other learning
1167 disorders; and informs instruction. Any student identified by
1168 the system as having characteristics of dyslexia or dyscalculia
1169 shall undergo further screening. Beginning with the 2023-2024
1170 school year, the coordinated screening and progress monitoring
1171 system must be computer-adaptive.
1172 4. Provide data for Voluntary Prekindergarten Education
1173 Program accountability as required under s. 1002.68.
1174 5. Provide Voluntary Prekindergarten Education Program
1175 providers, school districts, schools, teachers, and parents with
1176 data and resources that enhance differentiated instruction and
1177 parent communication.
1178 6. Provide baseline data to the department of each
1179 student’s readiness for kindergarten. The determination of
1180 kindergarten readiness must be based on the results of each
1181 student’s initial progress monitoring assessment in
1182 kindergarten. The methodology for determining a student’s
1183 readiness for kindergarten must be developed by the department
1184 and aligned to the methodology adopted pursuant to s. 1002.68(3)
1185 s. 1002.68(4).
1186 7. Assess how well educational goals and curricular
1187 standards are met at the provider, school, district, and state
1188 levels and provide information to the department to aid in the
1189 development of educational programs, policies, and supports for
1190 providers, districts, and schools.
1191 Section 20. Subsection (5) of section 1008.33, Florida
1192 Statutes, is amended to read:
1193 1008.33 Authority to enforce public school improvement.—
1194 (5) The Department of Education shall annually identify
1195 each public school district in need of intervention and support
1196 to improve student academic performance.
1197 (a) A school district is deemed in need of intervention and
1198 support if it has 10 percent or more district-operated schools
1199 that earn a grade of D or F under s. 1008.34.
1200 (b) A school district in need of intervention and support
1201 must annually submit a district improvement plan in a format
1202 prescribed by the department. The plan must include provisions
1203 to improve and monitor, at a minimum, instructional staffing;
1204 professional learning; fiscal and staffing resources dedicated
1205 to school improvement; student scheduling, attendance, and
1206 behavior; and the use of continuous improvement and monitoring
1207 plans and processes. The plan must be approved by the local
1208 school board and may be reviewed by the state board for approval
1209 or denial. District superintendents may be called before the
1210 state board to provide implementation updates.
1211 (c) A school district in need of intervention and support
1212 must submit to the department, as part of the implementation of
1213 the district improvement plan, at least all of the following
1214 information:
1215 1. Monthly vacancy reports for instructional personnel at
1216 schools earning a grade of D or F.
1217 2. Monthly teacher absenteeism reports for schools earning
1218 a grade of D or F.
1219 3. Monthly student absenteeism reports for schools earning
1220 a grade of D or F.
1221 4. Monthly professional learning, activities, and
1222 expenditures for instructional staff at schools earning a grade
1223 of D or F.
1224 5. Monthly professional learning, activities, and
1225 expenditures for school administrators at schools earning a
1226 grade of D or F.
1227 6. Local progress monitoring results that are not part of
1228 the statewide progress monitoring system.
1229 (d) The state board may require modifications to or revoke
1230 the district improvement plan if the district does not provide
1231 evidence of implementing the plan or submit deliverables in the
1232 prescribed format or timeframe or if the plan is not showing
1233 evidence of producing significant district-wide improvement.
1234 (e) The state board shall adopt rules pursuant to ss.
1235 120.536(1) and 120.54 to administer this section. The rules
1236 shall include timelines for submission of implementation plans,
1237 approval criteria for implementation plans, timelines for
1238 implementing intervention and support strategies, a standard
1239 charter school turnaround contract, a standard facility lease,
1240 and a mutual management agreement. The state board shall consult
1241 with education stakeholders in developing the rules.
1242 Section 21. Paragraph (b) of subsection (1), subsection
1243 (6), paragraph (b) of subsection (7), and subsection (9) of
1244 section 1012.56, Florida Statutes, are amended to read:
1245 1012.56 Educator certification requirements.—
1246 (1) APPLICATION.—Each person seeking certification pursuant
1247 to this chapter shall submit a completed application containing
1248 the applicant’s social security number to the Department of
1249 Education and remit the fee required pursuant to s. 1012.59 and
1250 rules of the State Board of Education. Pursuant to the federal
1251 Personal Responsibility and Work Opportunity Reconciliation Act
1252 of 1996, each party is required to provide his or her social
1253 security number in accordance with this section. Disclosure of
1254 social security numbers obtained through this requirement is
1255 limited to the purpose of administration of the Title IV-D
1256 program of the Social Security Act for child support
1257 enforcement.
1258 (b) The department shall issue a temporary certificate to a
1259 qualifying applicant within 14 calendar days after receipt of a
1260 request from an employer with a professional education
1261 competence demonstration program pursuant to paragraph (6)(f)
1262 and subsection (9). The temporary certificate must cover the
1263 classification, level, and area for which the applicant is
1264 deemed qualified. The department shall electronically notify the
1265 applicant’s employer that the temporary certificate has been
1266 issued and provide the applicant an official statement of status
1267 of eligibility at the time the certificate is issued.
1268
1269 The statement of status of eligibility must be provided
1270 electronically and must advise the applicant of any
1271 qualifications that must be completed to qualify for
1272 certification. Each method by which an applicant can complete
1273 the qualifications for a professional certificate must be
1274 included in the statement of status of eligibility. Each
1275 statement of status of eligibility is valid for 5 years after
1276 its date of issuance, except as provided in paragraph (2)(d).
1277 (6) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
1278 COMPETENCE.—Acceptable means of demonstrating mastery of
1279 professional preparation and education competence are:
1280 (a) Successful completion of an approved teacher
1281 preparation program at a postsecondary educational institution
1282 within this state and achievement of a passing score on the
1283 professional education competency examination required by state
1284 board rule;
1285 (b) Successful completion of a teacher preparation program
1286 at a postsecondary educational institution outside Florida and
1287 achievement of a passing score on the professional education
1288 competency examination required by state board rule;
1289 (c) Documentation of a valid professional standard teaching
1290 certificate issued by another state;
1291 (d) Documentation of a valid certificate issued by the
1292 National Board for Professional Teaching Standards or a national
1293 educator credentialing board approved by the State Board of
1294 Education;
1295 (e) Documentation of two semesters of successful, full-time
1296 or part-time teaching in a Florida College System institution,
1297 state university, or private college or university that awards
1298 an associate or higher degree and is an accredited institution
1299 or an institution of higher education identified by the
1300 Department of Education as having a quality program and
1301 achievement of a passing score on the professional education
1302 competency examination required by state board rule;
1303 (f) Successful completion of professional preparation
1304 courses as specified in state board rule, successful completion
1305 of a professional education competence program pursuant to
1306 subsection (9), and documentation of 3 years of being rated
1307 effective or highly effective under s. 1012.34 while holding a
1308 temporary certificate;
1309 (g) Successful completion of a professional learning
1310 certification program, outlined in subsection (8); or
1311 (g)(h) Successful completion of a competency-based
1312 certification program pursuant to s. 1004.85 and achievement of
1313 a passing score on the professional education competency
1314 examination required by rule of the State Board of Education.
1315
1316 The State Board of Education shall adopt rules to implement this
1317 subsection, including rules to approve specific teacher
1318 preparation programs that are not identified in this subsection
1319 which may be used to meet requirements for mastery of
1320 professional preparation and education competence.
1321 (7) TYPES AND TERMS OF CERTIFICATION.—
1322 (b) Beginning July 1, 2026, the department shall issue a
1323 temporary certificate to any applicant who:
1324 1. Completes the requirements outlined in paragraphs
1325 (2)(a)-(f) and completes the subject area content requirements
1326 specified in state board rule or demonstrates mastery of subject
1327 area knowledge pursuant to subsection (5) and holds an
1328 accredited degree or a degree approved by the Department of
1329 Education at the level required for the subject area
1330 specialization in state board rule;
1331 2. For a subject area specialization for which the state
1332 board otherwise requires a bachelor’s degree, documents 48
1333 months of active-duty military service with an honorable
1334 discharge or a medical separation; completes the requirements
1335 outlined in paragraphs (2)(a), (b), and (d)-(f); completes the
1336 subject area content requirements specified in state board rule
1337 or demonstrates mastery of subject area knowledge pursuant to
1338 subsection (5); and documents completion of 60 college credits
1339 with a minimum cumulative grade point average of 2.5 on a 4.0
1340 scale, as provided by one or more accredited institutions of
1341 higher learning or a nonaccredited institution of higher
1342 learning identified by the Department of Education as having a
1343 quality program resulting in a bachelor’s degree or higher; or
1344 3. Is enrolled in a state-approved teacher preparation
1345 program under s. 1004.04; is actively completing the required
1346 program field experience or internship at a public school;
1347 completes the requirements outlined in paragraphs (2)(a), (b),
1348 and (d)-(f); completes the subject area content requirements
1349 specified in state board rule or demonstrates mastery of subject
1350 area knowledge pursuant to subsection (5); and documents
1351 completion of 60 college credits with a minimum cumulative grade
1352 point average of 2.5 on a 4.0 scale, as provided by one or more
1353 accredited institutions of higher learning or a nonaccredited
1354 institution of higher learning identified by the Department of
1355 Education as having a quality program resulting in a bachelor’s
1356 degree or higher.
1357
1358 At least 1 year before an individual’s temporary certificate is
1359 set to expire, the department shall electronically notify the
1360 individual of the date on which his or her certificate will
1361 expire and provide a list of each method by which the
1362 qualifications for a professional certificate can be completed.
1363 (9) PROFESSIONAL EDUCATION COMPETENCY PROGRAM.—
1364 (a) Each school district must and a private school or
1365 state-supported public school, including a charter school, may
1366 develop and maintain a program system by which members of the
1367 instructional staff may demonstrate mastery of professional
1368 preparation and education competence as required by law. The
1369 professional education competency program must:
1370 1. Be based on classroom application of the Florida
1371 Educator Accomplished Practices and instructional performance
1372 and, for public schools, must be aligned with the district’s or
1373 state-supported public school’s evaluation system established
1374 under s. 1012.34, as applicable.
1375 2. Include an individualized plan tailored to each
1376 candidate to determine the appropriate professional learning
1377 plan.
1378 3. Monitor candidate performance to ensure candidates are
1379 meeting program expectations and implement a remediation process
1380 for candidates not meeting program performance expectations.
1381 4. Assign candidates to a mentor who meets the requirements
1382 of paragraph (7)(e).
1383 (b) The State Board of Education shall adopt rules to
1384 determine the initial and continued approval of programs
1385 implemented under this subsection Each program must be based on
1386 classroom application of the Florida Educator Accomplished
1387 Practices and instructional performance and, for public schools,
1388 must be aligned with the district’s or state-supported public
1389 school’s evaluation system established under s. 1012.34, as
1390 applicable.
1391 (b) The Commissioner of Education shall determine the
1392 continued approval of programs implemented under this paragraph,
1393 based upon the department’s review of performance data. The
1394 department shall review the performance data as a part of the
1395 periodic review of each school district’s professional learning
1396 system required under s. 1012.98.
1397 Section 22. Paragraphs (d) and (f) of subsection (1) of
1398 section 1014.05, Florida Statutes, are amended to read:
1399 1014.05 School district notifications on parental rights.—
1400 (1) Each district school board shall, in consultation with
1401 parents, teachers, and administrators, develop and adopt a
1402 policy to promote parental involvement in the public school
1403 system. Such policy must include:
1404 (d) Procedures, pursuant to s. 1002.20(3)(d), for a parent
1405 to provide or withhold consent for his or her minor child to
1406 participate in withdraw his or her minor child from any portion
1407 of the school district’s comprehensive health education required
1408 under s. 1003.42(2)(o) that relates to sex education or
1409 instruction on reproductive health or any disease, including
1410 HIV/AIDS in acquired immune deficiency syndrome education or any
1411 instruction regarding sexuality if the parent provides a written
1412 objection to his or her minor child’s participation. Such
1413 procedures must provide for a parent to be notified in advance
1414 of such course content so that he or she may provide or withdraw
1415 his or her minor child from those portions of the course.
1416 (f) Procedures for a parent to learn about parental rights
1417 and responsibilities under general law, including all of the
1418 following:
1419 1. Pursuant to s. 1002.20(3)(d), the right to be notified
1420 in advance and to provide or withhold consent before his or her
1421 minor child participates in opt his or her minor child out of
1422 any portion of the school district’s instruction on reproductive
1423 health or any disease, including HIV/AIDS comprehensive health
1424 education required under s. 1003.42(2)(o) that relates to sex
1425 education instruction in acquired immune deficiency syndrome
1426 education or any instruction regarding sexuality.
1427 2. A plan to disseminate information, pursuant to s.
1428 1002.20(6), about school choice options, including open
1429 enrollment.
1430 3. In accordance with s. 1002.20(3)(b), the right of a
1431 parent to exempt his or her minor child from immunizations.
1432 4. In accordance with s. 1008.22, the right of a parent to
1433 review statewide, standardized assessment results.
1434 5. In accordance with s. 1003.57, the right of a parent to
1435 enroll his or her minor child in gifted or special education
1436 programs.
1437 6. In accordance with s. 1006.28(2)(a)1., the right of a
1438 parent to inspect school district instructional materials.
1439 7. In accordance with s. 1008.25, the right of a parent to
1440 access information relating to the school district’s policies
1441 for promotion or retention, including high school graduation
1442 requirements.
1443 8. In accordance with s. 1002.20(14), the right of a parent
1444 to receive a school report card and be informed of his or her
1445 minor child’s attendance requirements.
1446 9. In accordance with s. 1002.23, the right of a parent to
1447 access information relating to the state public education
1448 system, state standards, report card requirements, attendance
1449 requirements, and instructional materials requirements.
1450 10. In accordance with s. 1002.23(4), the right of a parent
1451 to participate in parent-teacher associations and organizations
1452 that are sanctioned by a district school board or the Department
1453 of Education.
1454 11. In accordance with s. 1002.222(1)(a), the right of a
1455 parent to opt out of any district-level data collection relating
1456 to his or her minor child not required by law.
1457 Section 23. Paragraph (a) of subsection (1) of section
1458 1008.2125, Florida Statutes, is amended to read:
1459 1008.2125 The Council for Early Grade Success.—
1460 (1) The Council for Early Grade Success, a council as
1461 defined in s. 20.03(7), is created within the Department of
1462 Education to oversee the coordinated screening and progress
1463 monitoring program under s. 1008.25(9) for students in the
1464 Voluntary Prekindergarten Education Program through grade 3 and,
1465 except as otherwise provided in this section, shall operate
1466 consistent with s. 20.052.
1467 (a) The council shall be responsible for reviewing the
1468 implementation of, training for, and outcomes from the
1469 coordinated screening and progress monitoring program to provide
1470 recommendations to the department that support grade 3 students
1471 reading at or above grade level. The council, at a minimum,
1472 shall:
1473 1. Provide recommendations on the implementation of the
1474 coordinated screening and progress monitoring program, including
1475 reviewing any procurement solicitation documents and criteria
1476 before being published.
1477 2. Develop training plans and timelines for such training.
1478 3. Identify appropriate personnel, processes, and
1479 procedures required for the administration of the coordinated
1480 screening and progress monitoring program.
1481 4. Provide input on the methodology for calculating a
1482 provider’s or school’s performance metric and designations under
1483 s. 1002.68(3) s. 1002.68(4).
1484 5. Work with the department to review the methodology for
1485 determining a child’s kindergarten readiness.
1486 6. Review data on age-appropriate learning gains by grade
1487 level that a student would need to attain in order to
1488 demonstrate proficiency in reading by grade 3.
1489 7. Continually review anonymized data from the results of
1490 the coordinated screening and progress monitoring program for
1491 students in the Voluntary Prekindergarten Education Program
1492 through grade 3 to help inform recommendations to the department
1493 that support practices that will enable grade 3 students to read
1494 at or above grade level.
1495 Section 24. This act shall take effect July 1, 2026.