Florida 2022 2022 Regular Session

Florida House Bill H0007 Introduced / Bill

Filed 01/11/2022

                       
 
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A bill to be entitled 1 
An act relating to individual freedom; amending s. 2 
760.10, F.S.; providing that subjecting any 3 
individual, as a condition of employment, membership, 4 
certification, licensing, credentialing, or passing an 5 
examination, to training, instruction, or any other 6 
required activity that espouses, promotes, advances, 7 
inculcates, or compels such individual to believe 8 
specified concepts constitutes discrimination based on 9 
race, color, sex, or national origin; providing 10 
construction; amending s. 1000.05, F.S.; providing 11 
that subjecting any student or employee to training or 12 
instruction that espouses, promotes, advances, 13 
inculcates, or compels such individual to believe 14 
specified concepts constitutes discrimination based on 15 
race, color, sex, or national origin; conforming 16 
provisions to changes made by the act; amending s. 17 
1003.42, F.S.; revising the requirements for required 18 
instruction on health education; requiring such 19 
instruction to comport with certain principles and 20 
include certain life skills; requiring civic and 21 
character education instead of a character development 22 
program; providing the requirements of such education; 23 
providing legislative findings; requiring instruction 24 
to be consistent with specified principles of 25     
 
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individual freedom; authorizing instructional 26 
personnel to facilitate discussions and use curricula 27 
to address, in an age -appropriate manner, specified 28 
topics; prohibiting classroom instruction and 29 
curricula from being used to indoctrinate or persuade 30 
students in a manner inconsistent with certain 31 
principles or state academic standards; conforming 32 
cross-references to changes made by the act; amending 33 
s. 1006.31, F.S.; prohibiting instructional materials 34 
reviewers from recommending instructional materials 35 
that contain any matter that contradicts certain 36 
principles; amending s. 1012.98, F.S.; requiring the 37 
Department of Education to review school district 38 
professional development systems for compliance with 39 
certain provisions of law; amending ss. 1002.20 and 40 
1006.40, F.S.; conforming cross -references; providing 41 
an effective date. 42 
 43 
Be It Enacted by the Legislature of the State of Florida: 44 
 45 
 Section 1.  Subsections (8) through (10) of section 760.10, 46 
Florida Statutes, are renumbered as subsections (9) through 47 
(11), respectively, and a new subsection (8) is added to that 48 
section, to read: 49 
 760.10  Unlawful employment practices. — 50     
 
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 (8)(a)  Subjecting any individual, as a condition of 51 
employment, membership, certification, licensing, credentialing, 52 
or passing an examination, to training, instruction, or any 53 
other required activity that espouses, promotes, advances, 54 
inculcates, or compels such individual to believe any of the 55 
following concepts constitutes discrimination based on race, 56 
color, sex, or national origin under this section: 57 
 1.  Members of one race, color, sex, or national origin are 58 
morally superior to members of another race, color, sex, or 59 
national origin. 60 
 2.  An individual, by virtue of his or her race, color, 61 
sex, or national origin, is inherently racist, sexist, or 62 
oppressive, whether consciou sly or unconsciously. 63 
 3.  An individual's moral character or status as either 64 
privileged or oppressed is necessarily determined by his or her 65 
race, color, sex, or national origin. 66 
 4.  Members of one race, color, sex, or national origin 67 
cannot and should not attempt to treat others without respect to 68 
race, color, sex, or national origin. 69 
 5.  An individual, by virtue of his or her race, color, 70 
sex, or national origin, bears responsibility for, or should be 71 
discriminated against or receive adverse treatment because of, 72 
actions committed in the past by other members of the same race, 73 
color, sex, or national origin. 74 
 6.  An individual, by virtue of his or her race, color, 75     
 
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sex, or national origin, should be discriminated against or 76 
receive adverse treatment to achieve diversity, equity, or 77 
inclusion. 78 
 7.  An individual should feel discomfort, guilt, anguish, 79 
or any other form of psychological distress on account of his or 80 
her race, color, sex, or national origin. 81 
 8.  Such virtues as merit, excellence, hard work , fairness, 82 
neutrality, objectivity, and racial colorblindness are racist or 83 
sexist, or were created by members of a particular race, color, 84 
sex, or national origin to oppress members of another race, 85 
color, sex, or national origin. 86 
 (b)  Paragraph (a) may not be construed to prohibit 87 
discussion of the concepts listed therein as part of a course of 88 
training or instruction, provided such training or instruction 89 
is given in an objective manner without endorsement of the 90 
concepts. 91 
 Section 2.  Subsections (4 ) through (8) of section 1000.05, 92 
Florida Statutes, are renumbered as subsections (5) through (9), 93 
respectively, subsections (2) and (3), present subsection (4), 94 
and paragraph (d) of present subsection (6) are amended, and a 95 
new subsection (4) is added to that section, to read: 96 
 1000.05  Discrimination against students and employees in 97 
the Florida K-20 public education system prohibited; equality of 98 
access required.— 99 
 (2)(a)  Discrimination on the basis of race, color 100     
 
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ethnicity, national origin, sex gender, disability, religion, or 101 
marital status against a student or an employee in the state 102 
system of public K-20 education is prohibited. No person in this 103 
state shall, on the basis of race, color ethnicity, national 104 
origin, sex gender, disability, religion, or marital status, be 105 
excluded from participation in, be denied the benefits of, or be 106 
subjected to discrimination under any public K -20 education 107 
program or activity, or in any employment conditions or 108 
practices, conducted by a public educational institut ion that 109 
receives or benefits from federal or state financial assistance. 110 
 (b)  The criteria for admission to a program or course 111 
shall not have the effect of restricting access by persons of a 112 
particular race, color ethnicity, national origin, sex gender, 113 
disability, religion, or marital status. 114 
 (c)  All public K-20 education classes shall be available 115 
to all students without regard to race, color ethnicity, 116 
national origin, sex gender, disability, religion, or marital 117 
status; however, this is not intende d to eliminate the provision 118 
of programs designed to meet the needs of students with limited 119 
proficiency in English, gifted students, or students with 120 
disabilities or programs tailored to students with specialized 121 
talents or skills. 122 
 (d)  Students may be s eparated by sex gender for a single-123 
gender program as provided under s. 1002.311, for any portion of 124 
a class that deals with human reproduction, or during 125     
 
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participation in bodily contact sports. For the purpose of this 126 
section, bodily contact sports includ e wrestling, boxing, rugby, 127 
ice hockey, football, basketball, and other sports in which the 128 
purpose or major activity involves bodily contact. 129 
 (e)  Guidance services, counseling services, and financial 130 
assistance services in the state public K -20 education system 131 
shall be available to students equally. Guidance and counseling 132 
services, materials, and promotional events shall stress access 133 
to academic and career opportunities for students without regard 134 
to race, color ethnicity, national origin, sex gender, 135 
disability, religion, or marital status. 136 
 (3)(a)  No person shall, on the basis of sex gender, be 137 
excluded from participating in, be denied the benefits of, or be 138 
treated differently from another person or otherwise be 139 
discriminated against in any intersc holastic, intercollegiate, 140 
club, or intramural athletics offered by a public K -20 141 
educational institution; and no public K -20 educational 142 
institution shall provide athletics separately on such basis. 143 
 (b)  Notwithstanding the requirements of paragraph (a), a 144 
public K-20 educational institution may operate or sponsor 145 
separate teams for members of each sex gender if the selection 146 
for such teams is based upon competitive skill or the activity 147 
involved is a bodily contact sport. However, when a public K -20 148 
educational institution operates or sponsors a team in a 149 
particular sport for members of one sex gender but does not 150     
 
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operate or sponsor such a team for members of the other sex 151 
gender, and athletic opportunities for that sex gender have 152 
previously been limited, members of the excluded sex gender must 153 
be allowed to try out for the team offered. 154 
 (c)  This subsection does not prohibit the grouping of 155 
students in physical education classes and activities by ability 156 
as assessed by objec tive standards of individual performance 157 
developed and applied without regard to sex gender. However, 158 
when use of a single standard of measuring skill or progress in 159 
a physical education class has an adverse effect on members of 160 
one sex gender, the educational institution shall use 161 
appropriate standards which do not have such effect. 162 
 (d)  A public K-20 educational institution which operates 163 
or sponsors interscholastic, intercollegiate, club, or 164 
intramural athletics shall provide equal athletic opportunity 165 
for members of both sexes genders. 166 
 1.  The Board of Governors shall determine whether equal 167 
opportunities are available at state universities. 168 
 2.  The Commissioner of Education shall determine whether 169 
equal opportunities are available in school districts and 170 
Florida College System institutions. In determining whether 171 
equal opportunities are available in school districts and 172 
Florida College System institutions, the Commissioner of 173 
Education shall consider, among other factors: 174 
 a.  Whether the selection of sports and levels of 175     
 
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competition effectively accommodate the interests and abilities 176 
of members of both sexes genders. 177 
 b.  The provision of equipment and supplies. 178 
 c.  Scheduling of games and practice times. 179 
 d.  Travel and per diem allowances. 180 
 e.  Opportunities to receive coaching and academic 181 
tutoring. 182 
 f.  Assignment and compensation of coaches and tutors. 183 
 g.  Provision of locker room, practice, and competitive 184 
facilities. 185 
 h.  Provision of medical and training facilities and 186 
services. 187 
 i.  Provision of housing and dining facilities and 188 
services. 189 
 j.  Publicity. 190 
 191 
Unequal aggregate expenditures for members of each sex gender or 192 
unequal expenditures for male and female teams if a public 193 
school or Florida College System institution operates or 194 
sponsors separate teams do not constitute nonimplementation of 195 
this subsection, but the Commissioner of Education shall 196 
consider the failure to provide necessary funds for teams for 197 
one sex gender in assessing equality of opportunity for members 198 
of each sex gender. 199 
 (e)  A public school or Florida College System institution 200     
 
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may provide separate toilet, locker room, and shower facilities 201 
on the basis of gender, but such facilities shall be comparable 202 
to such facilities provided for students of the other sex 203 
gender. 204 
 (4)(a)  It shall constitute discrimination on the basis of 205 
race, color, national origin, or sex under this section to 206 
subject any student or employee to training or instruction that 207 
espouses, promotes, advances, inculcates, or compels such 208 
student or employee to believe any of the following concepts: 209 
 1.  Members of one race, color, national origin, or sex are 210 
morally superior to members of another race, color, national 211 
origin, or sex.  212 
 2.  A person, by virtue of his or her race, color, national 213 
origin, or sex is inherently racist, sexist, or oppressive, 214 
whether consciously or unconsciously. 215 
 3.  A person's moral character or status as either 216 
privileged or oppressed is necessarily determined by his or her 217 
race, color, national origin, or sex. 218 
 4.  Members of one race, color, national origin, or sex 219 
cannot and should not attempt to treat others without respect to 220 
race, color, national origin, or sex. 221 
 5.  A person, by virtue of his or her race, color, national 222 
origin, or sex bears responsibility for, or shou ld be 223 
discriminated against or receive adverse treatment because of, 224 
actions committed in the past by other members of the same race, 225     
 
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color, national origin, or sex. 226 
 6.  A person, by virtue of his or her race, color, national 227 
origin, or sex should be disc riminated against or receive 228 
adverse treatment to achieve diversity, equity, or inclusion. 229 
 7.  A person should feel discomfort, guilt, anguish, or any 230 
other form of psychological distress on account of his or her 231 
race, color, national origin, or sex. 232 
 8. Such virtues as merit, excellence, hard work, fairness, 233 
neutrality, objectivity, and racial colorblindness are racist or 234 
sexist, or were created by members of a particular race, color, 235 
national origin, or sex to oppress members of another race, 236 
color, national origin, or sex. 237 
 (b)  Paragraph (a) may not be construed to prohibit 238 
discussion of the concepts listed therein as part of a larger 239 
course of training or instruction, provided such training or 240 
instruction is given in an objective manner without endor sement 241 
of the concepts. 242 
 (5)(4) Public schools and Florida College System 243 
institutions shall develop and implement methods and strategies 244 
to increase the participation of students of a particular race, 245 
color ethnicity, national origin, sex gender, disability, or 246 
marital status in programs and courses in which students of that 247 
particular race, color ethnicity, national origin, sex gender, 248 
disability, or marital status have been traditionally 249 
underrepresented, including, but not limited to, mathematics, 250     
 
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science, computer technology, electronics, communications 251 
technology, engineering, and career education. 252 
 (7)(6) The functions of the Office of Equal Educational 253 
Opportunity of the Department of Education shall include, but 254 
are not limited to: 255 
 (d)  Conducting studies of the effectiveness of methods and 256 
strategies designed to increase the participation of students in 257 
programs and courses in which students of a particular race, 258 
color ethnicity, national origin, sex gender, disability, or 259 
marital status have been traditionally underrepresented and 260 
monitoring the success of students in such programs or courses, 261 
including performing followup monitoring. 262 
 Section 3.  Subsection (3) of section 1003.42, Florida 263 
Statutes, is renumbered as subsection (4), paragraph (b) of 264 
subsection (1) and subsection (2) are amended, and a new 265 
subsection (3) is added to that section, to read: 266 
 1003.42  Required instruction. — 267 
 (1) 268 
 (b)  All instructional materials, as defined in s. 269 
1006.29(2), used to teach reproductive health or an y disease, 270 
including HIV/AIDS, its symptoms, development, and treatment, as 271 
part of the courses referenced in subsection (4) (3), must be 272 
annually approved by a district school board in an open, noticed 273 
public meeting. 274 
 (2)  Members of the instructional st aff of the public 275     
 
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schools, subject to the rules of the State Board of Education 276 
and the district school board, shall teach efficiently and 277 
faithfully, using the books and materials required that meet the 278 
highest standards for professionalism and historical accuracy, 279 
following the prescribed courses of study, and employing 280 
approved methods of instruction, the following: 281 
 (a)  The history and content of the Declaration of 282 
Independence, including national sovereignty, natural law, self -283 
evident truth, equality of all persons, limited government, 284 
popular sovereignty, and inalienable rights of life, liberty, 285 
and property, and how they form the philosophical foundation of 286 
our government. 287 
 (b)  The history, meaning, significance, and effect of the 288 
provisions of the Constitution of the United States and 289 
amendments thereto, with emphasis on each of the 10 amendments 290 
that make up the Bill of Rights and how the constitution 291 
provides the structure of our government. 292 
 (c)  The arguments in support of adopting our republica n 293 
form of government, as they are embodied in the most important 294 
of the Federalist Papers. 295 
 (d)  Flag education, including proper flag display and flag 296 
salute. 297 
 (e)  The elements of civil government, including the 298 
primary functions of and interrelationship s between the Federal 299 
Government, the state, and its counties, municipalities, school 300     
 
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districts, and special districts. 301 
 (f)  The history of the United States, including the period 302 
of discovery, early colonies, the War for Independence, the 303 
Civil War, the expansion of the United States to its present 304 
boundaries, the world wars, and the civil rights movement to the 305 
present. American history shall be viewed as factual, not as 306 
constructed, shall be viewed as knowable, teachable, and 307 
testable, and shall be defi ned as the creation of a new nation 308 
based largely on the universal principles stated in the 309 
Declaration of Independence. 310 
 (g)1.  The history of the Holocaust (1933 -1945), the 311 
systematic, planned annihilation of European Jews and other 312 
groups by Nazi German y, a watershed event in the history of 313 
humanity, to be taught in a manner that leads to an 314 
investigation of human behavior, an understanding of the 315 
ramifications of prejudice, racism, and stereotyping, and an 316 
examination of what it means to be a responsibl e and respectful 317 
person, for the purposes of encouraging tolerance of diversity 318 
in a pluralistic society and for nurturing and protecting 319 
democratic values and institutions, including the policy, 320 
definition, and historical and current examples of anti -321 
Semitism, as described in s. 1000.05(8) s. 1000.05(7), and the 322 
prevention of anti-Semitism. Each school district must annually 323 
certify and provide evidence to the department, in a manner 324 
prescribed by the department, that the requirements of this 325     
 
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paragraph are met. The department shall prepare and offer 326 
standards and curriculum for the instruction required by this 327 
paragraph and may seek input from the Commissioner of 328 
Education's Task Force on Holocaust Education or from any state 329 
or nationally recognized Holoca ust educational organizations. 330 
The department may contract with any state or nationally 331 
recognized Holocaust educational organizations to develop 332 
training for instructional personnel and grade -appropriate 333 
classroom resources to support the developed curric ulum. 334 
 2.  The second week in November shall be designated as 335 
"Holocaust Education Week" in this state in recognition that 336 
November is the anniversary of Kristallnacht, widely recognized 337 
as a precipitating event that led to the Holocaust. 338 
 (h)  The history of African Americans, including the 339 
history of African peoples before the political conflicts that 340 
led to the development of slavery, the passage to America, the 341 
enslavement experience, abolition, and the contributions of 342 
African Americans to society. Ins tructional materials shall 343 
include the contributions of African Americans to American 344 
society. 345 
 (i)  The elementary principles of agriculture. 346 
 (j)  The true effects of all alcoholic and intoxicating 347 
liquors and beverages and narcotics upon the human body and 348 
mind. 349 
 (k)  Kindness to animals. 350     
 
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 (l)  The history of the state. 351 
 (m)  The conservation of natural resources. 352 
 (n)1. Comprehensive age-appropriate and developmentally 353 
appropriate K-12 instruction on: health education that addresses 354 
 1.  Health education that addresses concepts of community 355 
health, consumer health, environmental health, and family life, 356 
including: 357 
 a.  Mental and emotional health. 358 
 a.b. Injury prevention and safety. 359 
 b.c. Internet safety. 360 
 c.d. Nutrition. 361 
 d.e. Personal health. 362 
 e.f. Prevention and control of disease. 363 
 f.g. Substance use and abuse. 364 
 g.h. Prevention of child sexual abuse, exploitation, and 365 
human trafficking. 366 
 2.  The health education curriculum For students in grades 367 
7 through 12, shall include a teen dating violence and abuse. 368 
This component must include that includes, but is not be limited 369 
to, the definition of dating violence and abuse, the warning 370 
signs of dating violence and abusive behavior, the 371 
characteristics of healthy relationships, measures to prev ent 372 
and stop dating violence and abuse, and community resources 373 
available to victims of dating violence and abuse. 374 
 3.  The health education curriculum For students in grades 375     
 
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6 through 12, shall include an awareness of the benefits of 376 
sexual abstinence as the expected standard and the consequences 377 
of teenage pregnancy. 378 
 4.  Life skills that build confidence, support mental and 379 
emotional health, and enable students to overcome challenges, 380 
including: 381 
 a.  Self-awareness and self-management. 382 
 b.  Responsible decisionmaking. 383 
 c.  Resiliency. 384 
 d.  Relationship skills and conflict resolution. 385 
 e.  Understanding and respecting other viewpoints and 386 
backgrounds. 387 
 f.  For grades 9 through 12, developing leadership skills, 388 
interpersonal skills, organization skills, and research skills; 389 
creating a resume, including a digital resume; exploring career 390 
pathways; using state career planning resources; developing and 391 
practicing the skills necessary for employment interviews; 392 
workplace ethics and workplace law; managing stress and 393 
expectations; and self -motivation. 394 
 395 
Health education and life skills instruction and materials may 396 
not contradict the principles enumerated in subsection (3). 397 
 (o)  Such additional materials, subjects, courses, or 398 
fields in such grades as are prescrib ed by law or by rules of 399 
the State Board of Education and the district school board in 400     
 
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fulfilling the requirements of law. 401 
 (p)  The study of Hispanic contributions to the United 402 
States. 403 
 (q)  The study of women's contributions to the United 404 
States. 405 
 (r)  The nature and importance of free enterprise to the 406 
United States economy. 407 
 (s)  Civic and character education on A character 408 
development program in the elementary schools, similar to 409 
Character First or Character Counts, which is secular in nature. 410 
Beginning in school year 2004 -2005, the character development 411 
program shall be required in kindergarten through grade 12. Each 412 
district school board shall develop or adopt a curriculum for 413 
the character development program that shall be submitted to the 414 
department for approval. 415 
 1.  The character development curriculum shall stress the 416 
qualities and responsibilities of patriotism and; 417 
responsibility; citizenship, including,; kindness; respect for 418 
authority, life, liberty, and personal property; honesty; 419 
charity; self-control; racial, ethnic, and religious tolerance; 420 
and cooperation and,. 421 
 2.  The character development curriculum for grades 9 422 
through 12 shall, at a minimum, include instruction on 423 
developing leadership skills, interpersonal skills, organization 424 
skills, and research skills; creating a resume, including a 425     
 
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digital resume; exploring career pathways; using state career 426 
planning resources; developing and practicing the skills 427 
necessary for employment interviews; conflict resolution, 428 
workplace ethics, and w orkplace law; managing stress and 429 
expectations; and developing skills that enable students to 430 
become more resilient and self -motivated. 431 
 3.  The character development curriculum for grades 11 and 432 
12, shall include instruction on voting using the uniform 433 
primary and general election ballot described in s. 101.151(9). 434 
 (t)  In order to encourage patriotism, the sacrifices that 435 
veterans and Medal of Honor recipients have made in serving our 436 
country and protecting democratic values worldwide. Such 437 
instruction must occur on or before Medal of Honor Day, 438 
Veterans' Day, and Memorial Day. Members of the instructional 439 
staff are encouraged to use the assistance of local veterans and 440 
Medal of Honor recipients when practicable. 441 
 442 
The State Board of Education is encouraged to adopt standards 443 
and pursue assessment of the requirements of this subsection. 444 
Instructional programming A character development program that 445 
incorporates the values of the recipients of the Congressional 446 
Medal of Honor and that is offered as part of a social studies, 447 
English Language Arts, or other schoolwide character building 448 
and veteran awareness initiative meets the requirements of 449 
paragraph (t) paragraphs (s) and (t) . 450     
 
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 (3)  The Legislature acknowledges the fundamental truth 451 
that all persons are equal before the law and have inalienable 452 
rights. Accordingly, instruction and supporting materials on the 453 
topics enumerated in this section must be consistent with the 454 
following principles of individual freedom: 455 
 (a) No person is inherently racist, sexist, or oppressive, 456 
whether consciously or unconsciously, solely by virtue of his or 457 
her race or sex. 458 
 (b)  No race is inherently superior to another race. 459 
 (c)  No person should be discriminated against or receive 460 
adverse treatment solely or partly on the basis of race, color, 461 
national origin, religion, disability, or sex. 462 
 (d)  Meritocracy or traits such as a hard work ethic are 463 
not racist but fundamental to the right to pursue happiness and 464 
be rewarded for industry. 465 
 (e)  A person, by virtue of his or her race or sex, does 466 
not bear responsibility for actions committed in the past by 467 
other members of the same race or sex. 468 
 (f)  A person should not be made to feel discomfort, guilt, 469 
anguish, or any other form of psycholo gical distress on account 470 
of his or her race. 471 
 472 
Instructional personnel may facilitate discussions and use 473 
curricula to address, in an age -appropriate manner, how the 474 
freedoms of persons have been infringed by sexism, slavery, 475     
 
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racial oppression, racial segr egation, and racial 476 
discrimination, including topics relating to the enactment and 477 
enforcement of laws resulting in sexism, racial oppression, 478 
racial segregation, and racial discrimination. However, 479 
classroom instruction and curriculum may not be used to 480 
indoctrinate or persuade students to a particular point of view 481 
inconsistent with the principles of this subsection or state 482 
academic standards. 483 
 Section 4.  Paragraph (d) of subsection (2) of section 484 
1006.31, Florida Statutes, is amended to read: 485 
 1006.31  Duties of the Department of Education and school 486 
district instructional materials reviewer. —The duties of the 487 
instructional materials reviewer are: 488 
 (2)  EVALUATION OF INSTRUCTIONAL MATERIALS. —To use the 489 
selection criteria listed in s. 1006.34(2)(b) and recommend for 490 
adoption only those instructional materials aligned with the 491 
Next Generation Sunshine State Standards provided for in s. 492 
1003.41. Instructional materials recommended by each reviewer 493 
shall be, to the satisfaction of each reviewer, accurate, 494 
objective, balanced, noninflammatory, current, free of 495 
pornography and material prohibited under s. 847.012, and suited 496 
to student needs and their ability to comprehend the material 497 
presented. Reviewers shall consider for recommendation materials 498 
developed for academically talented students, such as students 499 
enrolled in advanced placement courses. When recommending 500     
 
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instructional materials, each reviewer shall: 501 
 (d)  Require, when appropriate to the comprehension of 502 
students, that materials for social scienc e, history, or civics 503 
classes contain the Declaration of Independence and the 504 
Constitution of the United States. A reviewer may not recommend 505 
any instructional materials that contain any matter reflecting 506 
unfairly upon persons because of their race, color, creed, 507 
national origin, ancestry, gender, religion, disability, 508 
socioeconomic status, or occupation or otherwise contradict the 509 
principles enumerated under s. 1003.42(3) . 510 
 Section 5.  Paragraph (b) of subsection (4) of section 511 
1012.98, Florida Statutes, is amended to read: 512 
 1012.98  School Community Professional Development Act. — 513 
 (4)  The Department of Education, school districts, 514 
schools, Florida College System institutions, and state 515 
universities share the responsibilities described in this 516 
section. These responsibilities include the following: 517 
 (b)  Each school district shall develop a professional 518 
development system as specified in subsection (3). The system 519 
shall be developed in consultation with teachers, teacher -520 
educators of Florida College System institutions and state 521 
universities, business and community representatives, and local 522 
education foundations, consortia, and professional 523 
organizations. The professional development system must: 524 
 1.  Be reviewed and approved by the department for 525     
 
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compliance with s. 1003.42(3) and this section . All substantial 526 
revisions to the system shall be submitted to the department for 527 
review for continued approval. 528 
 2.  Be based on analyses of student achievement data and 529 
instructional strategies and methods that supp ort rigorous, 530 
relevant, and challenging curricula for all students. Schools 531 
and districts, in developing and refining the professional 532 
development system, shall also review and monitor school 533 
discipline data; school environment surveys; assessments of 534 
parental satisfaction; performance appraisal data of teachers, 535 
managers, and administrative personnel; and other performance 536 
indicators to identify school and student needs that can be met 537 
by improved professional performance. 538 
 3.  Provide inservice activities coupled with followup 539 
support appropriate to accomplish district -level and school-540 
level improvement goals and standards. The inservice activities 541 
for instructional personnel shall focus on analysis of student 542 
achievement data, ongoing formal and informal assessments of 543 
student achievement, identification and use of enhanced and 544 
differentiated instructional strategies that emphasize rigor, 545 
relevance, and reading in the content areas, enhancement of 546 
subject content expertise, integrated use of classroom 547 
technology that enhances teaching and learning, classroom 548 
management, parent involvement, and school safety. 549 
 4.  Provide inservice activities and support targeted to 550     
 
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the individual needs of new teachers participating in the 551 
professional development certificat ion and education competency 552 
program under s. 1012.56(8)(a). 553 
 5.  Include a master plan for inservice activities, 554 
pursuant to rules of the State Board of Education, for all 555 
district employees from all fund sources. The master plan shall 556 
be updated annually by September 1, must be based on input from 557 
teachers and district and school instructional leaders, and must 558 
use the latest available student achievement data and research 559 
to enhance rigor and relevance in the classroom. Each district 560 
inservice plan must be aligned to and support the school -based 561 
inservice plans and school improvement plans pursuant to s. 562 
1001.42(18). Each district inservice plan must provide a 563 
description of the training that middle grades instructional 564 
personnel and school administrators receive on the district's 565 
code of student conduct adopted pursuant to s. 1006.07; 566 
integrated digital instruction and competency -based instruction 567 
and CAPE Digital Tool certificates and CAPE industry 568 
certifications; classroom management; student behavior a nd 569 
interaction; extended learning opportunities for students; and 570 
instructional leadership. District plans must be approved by the 571 
district school board annually in order to ensure compliance 572 
with subsection (1) and to allow for dissemination of research -573 
based best practices to other districts. District school boards 574 
must submit verification of their approval to the Commissioner 575     
 
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of Education no later than October 1, annually. Each school 576 
principal may establish and maintain an individual professional 577 
development plan for each instructional employee assigned to the 578 
school as a seamless component to the school improvement plans 579 
developed pursuant to s. 1001.42(18). An individual professional 580 
development plan must be related to specific performance data 581 
for the students to whom the teacher is assigned, define the 582 
inservice objectives and specific measurable improvements 583 
expected in student performance as a result of the inservice 584 
activity, and include an evaluation component that determines 585 
the effectiveness of the professional development plan. 586 
 6.  Include inservice activities for school administrative 587 
personnel that address updated skills necessary for 588 
instructional leadership and effective school management 589 
pursuant to s. 1012.986. 590 
 7.  Provide for systematic consultation with regional and 591 
state personnel designated to provide technical assistance and 592 
evaluation of local professional development programs. 593 
 8.  Provide for delivery of professional development by 594 
distance learning and other technology -based delivery systems to 595 
reach more educators at lower costs. 596 
 9.  Provide for the continuous evaluation of the quality 597 
and effectiveness of professional development programs in order 598 
to eliminate ineffective programs and strategies and to expand 599 
effective ones. Evaluations must consider the impact of such 600     
 
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activities on the performance of participating educators and 601 
their students' achievement and behavior. 602 
 10.  For middle grades, emphasize: 603 
 a.  Interdisciplinary planning, collaboration, and 604 
instruction. 605 
 b.  Alignment of curriculum and instructional materials to 606 
the state academic standards adopted pursuant to s. 1003.41. 607 
 c.  Use of small learning communities; problem -solving, 608 
inquiry-driven research and analytical approaches for students; 609 
strategies and tools based on student needs; competency -based 610 
instruction; integrated digital instruction; and project -based 611 
instruction. 612 
 613 
Each school that includes any of grades 6, 7, or 8 must include 614 
in its school improvement plan, required under s. 1001.42(18), a 615 
description of the specific strategies used by the school to 616 
implement each item listed in this subparagraph. 617 
 11.  Provide training to reading coaches, classroom 618 
teachers, and school administrators in effective methods of 619 
identifying characteristics of condition s such as dyslexia and 620 
other causes of diminished phonological processing skills; 621 
incorporating instructional techniques into the general 622 
education setting which are proven to improve reading 623 
performance for all students; and using predictive and other 624 
data to make instructional decisions based on individual student 625     
 
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needs. The training must help teachers integrate phonemic 626 
awareness; phonics, word study, and spelling; reading fluency; 627 
vocabulary, including academic vocabulary; and text 628 
comprehension strateg ies into an explicit, systematic, and 629 
sequential approach to reading instruction, including 630 
multisensory intervention strategies. Each district must provide 631 
all elementary grades instructional personnel access to training 632 
sufficient to meet the requirement s of s. 1012.585(3)(f). 633 
 Section 6.  Paragraph (d) of subsection (3) of section 634 
1002.20, Florida Statutes, is amended to read: 635 
 1002.20  K-12 student and parent rights. —Parents of public 636 
school students must receive accurate and timely information 637 
regarding their child's academic progress and must be informed 638 
of ways they can help their child to succeed in school. K -12 639 
students and their parents are afforded numerous statutory 640 
rights including, but not limited to, the following: 641 
 (3)  HEALTH ISSUES.— 642 
 (d) Reproductive health and disease education. —A public 643 
school student whose parent makes written request to the school 644 
principal shall be exempted from the teaching of reproductive 645 
health or any disease, including HIV/AIDS, in accordance with s. 646 
1003.42(4) s. 1003.42(3). Each school district shall, on the 647 
district's website homepage, notify parents of this right and 648 
the process to request an exemption. The homepage must include a 649 
link for a student's parent to access and review the 650     
 
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instructional materials, a s defined in s. 1006.29(2), used to 651 
teach the curriculum. 652 
 Section 7.  Paragraph (b) of subsection (4) of section 653 
1006.40, Florida Statutes, is amended to read: 654 
 1006.40  Use of instructional materials allocation; 655 
instructional materials, library books, and reference books; 656 
repair of books.— 657 
 (4)  Each district school board is responsible for the 658 
content of all materials used in a classroom or otherwise made 659 
available to students. Each district school board shall adopt 660 
rules, and each district school supe rintendent shall implement 661 
procedures, that: 662 
 (b)  Provide a process for public review of, public comment 663 
on, and the adoption of instructional materials, including 664 
instructional materials used to teach reproductive health or any 665 
disease, including HIV/AID S, under ss. 1003.42(4) and 1003.46 666 
ss. 1003.42(3) and 1003.46 , which satisfies the requirements of 667 
s. 1006.283(2)(b)8., 9., and 11. 668 
 Section 8.  This act shall take effect July 1, 2022. 669