Florida 2022 2022 Regular Session

Florida House Bill H0007 Comm Sub / Bill

Filed 02/11/2022

                       
 
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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; requiring 33 
the State Board of Education to adopt a specified 34 
curriculum to be made available to schools for a 35 
certain purpose; amending s. 1006.31, F.S.; 36 
prohibiting instructional materials reviewers from 37 
recommending instructional materials that contain any 38 
matter that contradicts certain principles; amending 39 
s. 1012.98, F.S.; requiring the Department of 40 
Education to review school district professional 41 
development systems for compliance with certain 42 
provisions of law; amending ss. 1002.20 and 1006.40, 43 
F.S.; conforming cross -references; providing an 44 
effective date. 45 
 46 
Be It Enacted by the Legislature of the State of Florida: 47 
 48 
 Section 1.  Subsections (8) through (10 ) of section 760.10, 49 
Florida Statutes, are renumbered as subsections (9) through 50     
 
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(11), respectively, and a new subsection (8) is added to that 51 
section, to read: 52 
 760.10  Unlawful employment practices. — 53 
 (8)(a)  Subjecting any individual, as a condition of 54 
employment, membership, certification, licensing, credentialing, 55 
or passing an examination, to training, instruction, or any 56 
other required activity that espouses, promotes, advances, 57 
inculcates, or compels such individual to believe any of the 58 
following concepts constitutes discrimination based on race, 59 
color, sex, or national origin under this section: 60 
 1.  Members of one race, color, sex, or national origin are 61 
morally superior to members of another race, color, sex, or 62 
national origin. 63 
 2.  An individual, by virtue of his or her race, color, 64 
sex, or national origin, is inherently racist, sexist, or 65 
oppressive, whether consciously or unconsciously. 66 
 3.  An individual's moral character or status as either 67 
privileged or oppressed is necessarily determined b y his or her 68 
race, color, sex, or national origin. 69 
 4.  Members of one race, color, sex, or national origin 70 
cannot and should not attempt to treat others without respect to 71 
race, color, sex, or national origin. 72 
 5.  An individual, by virtue of his or her r ace, color, 73 
sex, or national origin, bears responsibility for, or should be 74 
discriminated against or receive adverse treatment because of, 75     
 
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actions committed in the past by other members of the same race, 76 
color, sex, or national origin. 77 
 6.  An individual, by virtue of his or her race, color, 78 
sex, or national origin, should be discriminated against or 79 
receive adverse treatment to achieve diversity, equity, or 80 
inclusion. 81 
 7.  An individual, by virtue of his or her race, color, 82 
sex, or national origin, bears p ersonal responsibility for and 83 
must feel guilt, anguish, or other forms of psychological 84 
distress because of actions, in which the individual played no 85 
part, committed in the past by other members of the same race, 86 
color, sex, or national origin. 87 
 8.  Such virtues as merit, excellence, hard work, fairness, 88 
neutrality, objectivity, and racial colorblindness are racist or 89 
sexist, or were created by members of a particular race, color, 90 
sex, or national origin to oppress members of another race, 91 
color, sex, or national origin. 92 
 (b)  Paragraph (a) may not be construed to prohibit 93 
discussion of the concepts listed therein as part of a course of 94 
training or instruction, provided such training or instruction 95 
is given in an objective manner without endorsement of the 96 
concepts. 97 
 Section 2.  Subsections (4) through (8) of section 1000.05, 98 
Florida Statutes, are renumbered as subsections (5) through (9), 99 
respectively, subsections (2) and (3), present subsection (4), 100     
 
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and paragraph (d) of present subsection (6) are amended, and a 101 
new subsection (4) is added to that section, to read: 102 
 1000.05  Discrimination against students and employees in 103 
the Florida K-20 public education system prohibited; equality of 104 
access required.— 105 
 (2)(a)  Discrimination on the basis of race, color 106 
ethnicity, national origin, sex gender, disability, religion, or 107 
marital status against a student or an employee in the state 108 
system of public K-20 education is prohibited. No person in this 109 
state shall, on the basis of race, color ethnicity, national 110 
origin, sex gender, disability, religion, or marital status, be 111 
excluded from participation in, be denied the benefits of, or be 112 
subjected to discrimination under any public K -20 education 113 
program or activity, or in any employment conditions or 114 
practices, conducted by a public educational institution that 115 
receives or benefits from federal or state financial assistance. 116 
 (b)  The criteria for admission to a program or course 117 
shall not have the effect of restricting access by persons of a 118 
particular race, color ethnicity, national origin, sex gender, 119 
disability, religion, or marital status. 120 
 (c)  All public K-20 education classes shall be available 121 
to all students without regard to race, color ethnicity, 122 
national origin, sex gender, disability, religion, or marital 123 
status; however, this is not intended to eliminate the provision 124 
of programs designed to meet the needs of students with limited 125     
 
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proficiency in English, gifted students, or students with 126 
disabilities or programs tailored to students with specializ ed 127 
talents or skills. 128 
 (d)  Students may be separated by sex gender for a single-129 
gender program as provided under s. 1002.311, for any portion of 130 
a class that deals with human reproduction, or during 131 
participation in bodily contact sports. For the purpose of this 132 
section, bodily contact sports include wrestling, boxing, rugby, 133 
ice hockey, football, basketball, and other sports in which the 134 
purpose or major activity involves bodily contact. 135 
 (e)  Guidance services, counseling services, and financial 136 
assistance services in the state public K -20 education system 137 
shall be available to students equally. Guidance and counseling 138 
services, materials, and promotional events shall stress access 139 
to academic and career opportunities for students without regard 140 
to race, color ethnicity, national origin, sex gender, 141 
disability, religion, or marital status. 142 
 (3)(a)  No person shall, on the basis of sex gender, be 143 
excluded from participating in, be denied the benefits of, or be 144 
treated differently from another person or othe rwise be 145 
discriminated against in any interscholastic, intercollegiate, 146 
club, or intramural athletics offered by a public K -20 147 
educational institution; and no public K -20 educational 148 
institution shall provide athletics separately on such basis. 149 
 (b)  Notwithstanding the requirements of paragraph (a), a 150     
 
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public K-20 educational institution may operate or sponsor 151 
separate teams for members of each sex gender if the selection 152 
for such teams is based upon competitive skill or the activity 153 
involved is a bodily co ntact sport. However, when a public K -20 154 
educational institution operates or sponsors a team in a 155 
particular sport for members of one sex gender but does not 156 
operate or sponsor such a team for members of the other sex 157 
gender, and athletic opportunities for that sex gender have 158 
previously been limited, members of the excluded sex gender must 159 
be allowed to try out for the team offered. 160 
 (c)  This subsection does not prohibit the grouping of 161 
students in physical education classe s and activities by ability 162 
as assessed by objective standards of individual performance 163 
developed and applied without regard to sex gender. However, 164 
when use of a single standard of measuring skill or progress in 165 
a physical education class has an adverse effect on members of 166 
one sex gender, the educational institution shall use 167 
appropriate standards which do not have such effect. 168 
 (d)  A public K-20 educational institution which operates 169 
or sponsors interscholastic, intercollegiate, club, or 170 
intramural athletics shall provide equal athletic opportunity 171 
for members of both sexes genders. 172 
 1.  The Board of Governors shall determine whether equal 173 
opportunities are available at state universities. 174 
 2.  The Commissioner of Education shall determine whether 175     
 
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equal opportunities are available in school districts and 176 
Florida College System institutions. In determining whether 177 
equal opportunities are available in school districts and 178 
Florida College System institutions, the Commissioner of 179 
Education shall consider, am ong other factors: 180 
 a.  Whether the selection of sports and levels of 181 
competition effectively accommodate the interests and abilities 182 
of members of both sexes genders. 183 
 b.  The provision of equipment and supplies. 184 
 c.  Scheduling of games and practice time s. 185 
 d.  Travel and per diem allowances. 186 
 e.  Opportunities to receive coaching and academic 187 
tutoring. 188 
 f.  Assignment and compensation of coaches and tutors. 189 
 g.  Provision of locker room, practice, and competitive 190 
facilities. 191 
 h.  Provision of medical and training facilities and 192 
services. 193 
 i.  Provision of housing and dining facilities and 194 
services. 195 
 j.  Publicity. 196 
 197 
Unequal aggregate expenditures for members of each sex gender or 198 
unequal expenditures for male and female teams if a public 199 
school or Florida College System institution operates or 200     
 
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sponsors separate teams do not constitute nonimplementation of 201 
this subsection, but the Commissioner of Education shall 202 
consider the failure to provide necessary funds for teams for 203 
one sex gender in assessing equalit y of opportunity for members 204 
of each sex gender. 205 
 (e)  A public school or Florida College System institution 206 
may provide separate toilet, locker room, and shower facilities 207 
on the basis of gender, but such facilities shall be comparable 208 
to such facilities provided for students of the other sex 209 
gender. 210 
 (4)(a)  It shall constitute discrimination on the basis of 211 
race, color, national origin, or sex under this section to 212 
subject any student or employee to training or instruction that 213 
espouses, promotes, advanc es, inculcates, or compels such 214 
student or employee to believe any of the following concepts: 215 
 1.  Members of one race, color, national origin, or sex are 216 
morally superior to members of another race, color, national 217 
origin, or sex.  218 
 2.  A person, by virtu e of his or her race, color, national 219 
origin, or sex is inherently racist, sexist, or oppressive, 220 
whether consciously or unconsciously. 221 
 3.  A person's moral character or status as either 222 
privileged or oppressed is necessarily determined by his or her 223 
race, color, national origin, or sex. 224 
 4.  Members of one race, color, national origin, or sex 225     
 
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cannot and should not attempt to treat others without respect to 226 
race, color, national origin, or sex. 227 
 5.  A person, by virtue of his or her race, color, nation al 228 
origin, or sex bears responsibility for, or should be 229 
discriminated against or receive adverse treatment because of, 230 
actions committed in the past by other members of the same race, 231 
color, national origin, or sex. 232 
 6.  A person, by virtue of his or her race, color, national 233 
origin, or sex should be discriminated against or receive 234 
adverse treatment to achieve diversity, equity, or inclusion. 235 
 7.  A person, by virtue of his or her race, color, sex, or 236 
national origin, bears personal responsibility for and must feel 237 
guilt, anguish, or other forms of psychological distress because 238 
of actions, in which the person played no part, committed in the 239 
past by other members of the same race, color, national origin, 240 
or sex.  241 
 8.  Such virtues as merit, excellence, ha rd work, fairness, 242 
neutrality, objectivity, and racial colorblindness are racist or 243 
sexist, or were created by members of a particular race, color, 244 
national origin, or sex to oppress members of another race, 245 
color, national origin, or sex. 246 
 (b)  Paragraph (a) may not be construed to prohibit 247 
discussion of the concepts listed therein as part of a larger 248 
course of training or instruction, provided such training or 249 
instruction is given in an objective manner without endorsement 250     
 
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of the concepts. 251 
 (5)(4) Public schools and Florida College System 252 
institutions shall develop and implement methods and strategies 253 
to increase the participation of students of a particular race, 254 
color ethnicity, national origin, sex gender, disability, or 255 
marital status in programs and courses in which students of that 256 
particular race, color ethnicity, national origin, sex gender, 257 
disability, or marital status have been traditionally 258 
underrepresented, including, but not limited to, mathematics, 259 
science, computer technology, electronics, communications 260 
technology, engineering, and career education. 261 
 (7)(6) The functions of the Office of Equal Educational 262 
Opportunity of the Department of Education shall include, but 263 
are not limited to: 264 
 (d)  Conducting studies of the effectiveness of metho ds and 265 
strategies designed to increase the participation of students in 266 
programs and courses in which students of a particular race, 267 
color ethnicity, national origin, sex gender, disability, or 268 
marital status have been traditionally underrepresented and 269 
monitoring the success of students in such programs or courses, 270 
including performing followup monitoring. 271 
 Section 3.  Subsection (3) of section 1003.42, Florida 272 
Statutes, is renumbered as subsection (4), paragraph (b) of 273 
subsection (1) and subsection (2 ) are amended, and a new 274 
subsection (3) is added to that section, to read: 275     
 
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 1003.42  Required instruction. — 276 
 (1) 277 
 (b)  All instructional materials, as defined in s. 278 
1006.29(2), used to teach reproductive health or any disease, 279 
including HIV/AIDS, its sympt oms, development, and treatment, as 280 
part of the courses referenced in subsection (4) (3), must be 281 
annually approved by a district school board in an open, noticed 282 
public meeting. 283 
 (2)  Members of the instructional staff of the public 284 
schools, subject to th e rules of the State Board of Education 285 
and the district school board, shall teach efficiently and 286 
faithfully, using the books and materials required that meet the 287 
highest standards for professionalism and historical accuracy, 288 
following the prescribed cour ses of study, and employing 289 
approved methods of instruction, the following: 290 
 (a)  The history and content of the Declaration of 291 
Independence, including national sovereignty, natural law, self -292 
evident truth, equality of all persons, limited government, 293 
popular sovereignty, and inalienable rights of life, liberty, 294 
and property, and how they form the philosophical foundation of 295 
our government. 296 
 (b)  The history, meaning, significance, and effect of the 297 
provisions of the Constitution of the United States and 298 
amendments thereto, with emphasis on each of the 10 amendments 299 
that make up the Bill of Rights and how the constitution 300     
 
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provides the structure of our government. 301 
 (c)  The arguments in support of adopting our republican 302 
form of government, as they are embodi ed in the most important 303 
of the Federalist Papers. 304 
 (d)  Flag education, including proper flag display and flag 305 
salute. 306 
 (e)  The elements of civil government, including the 307 
primary functions of and interrelationships between the Federal 308 
Government, the state, and its counties, municipalities, school 309 
districts, and special districts. 310 
 (f)  The history of the United States, including the period 311 
of discovery, early colonies, the War for Independence, the 312 
Civil War, the expansion of the United States to its pr esent 313 
boundaries, the world wars, and the civil rights movement to the 314 
present. American history shall be viewed as factual, not as 315 
constructed, shall be viewed as knowable, teachable, and 316 
testable, and shall be defined as the creation of a new nation 317 
based largely on the universal principles stated in the 318 
Declaration of Independence. 319 
 (g)1.  The history of the Holocaust (1933 -1945), the 320 
systematic, planned annihilation of European Jews and other 321 
groups by Nazi Germany, a watershed event in the history of 322 
humanity, to be taught in a manner that leads to an 323 
investigation of human behavior, an understanding of the 324 
ramifications of prejudice, racism, and stereotyping, and an 325     
 
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examination of what it means to be a responsible and respectful 326 
person, for the purpose s of encouraging tolerance of diversity 327 
in a pluralistic society and for nurturing and protecting 328 
democratic values and institutions, including the policy, 329 
definition, and historical and current examples of anti -330 
Semitism, as described in s. 1000.05(8) s. 1000.05(7), and the 331 
prevention of anti-Semitism. Each school district must annually 332 
certify and provide evidence to the department, in a manner 333 
prescribed by the department, that the requirements of this 334 
paragraph are met. The department shall prepare and o ffer 335 
standards and curriculum for the instruction required by this 336 
paragraph and may seek input from the Commissioner of 337 
Education's Task Force on Holocaust Education or from any state 338 
or nationally recognized Holocaust educational organizations. 339 
The department may contract with any state or nationally 340 
recognized Holocaust educational organizations to develop 341 
training for instructional personnel and grade -appropriate 342 
classroom resources to support the developed curriculum. 343 
 2.  The second week in November s hall be designated as 344 
"Holocaust Education Week" in this state in recognition that 345 
November is the anniversary of Kristallnacht, widely recognized 346 
as a precipitating event that led to the Holocaust. 347 
 (h)  The history of African Americans, including the 348 
history of African peoples before the political conflicts that 349 
led to the development of slavery, the passage to America, the 350     
 
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enslavement experience, abolition, and the contributions of 351 
African Americans to society. Instructional materials shall 352 
include the contributions of African Americans to American 353 
society. 354 
 (i)  The elementary principles of agriculture. 355 
 (j)  The true effects of all alcoholic and intoxicating 356 
liquors and beverages and narcotics upon the human body and 357 
mind. 358 
 (k)  Kindness to animals. 359 
 (l)  The history of the state. 360 
 (m)  The conservation of natural resources. 361 
 (n)1. Comprehensive age-appropriate and developmentally 362 
appropriate K-12 instruction on: health education that addresses 363 
 1.  Health education that addresses concepts of community 364 
health, consumer health, environmental health, and family life, 365 
including: 366 
 a.  Mental and emotional health. 367 
 a.b. Injury prevention and safety. 368 
 b.c. Internet safety. 369 
 c.d. Nutrition. 370 
 d.e. Personal health. 371 
 e.f. Prevention and control of disease. 372 
 f.g. Substance use and abuse. 373 
 g.h. Prevention of child sexual abuse, exploitation, and 374 
human trafficking. 375     
 
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 2.  The health education curriculum For students in grades 376 
7 through 12, shall include a teen dating violence and abuse . 377 
This component must include that includes, but is not be limited 378 
to, the definition of dating violence and abuse, the warning 379 
signs of dating violence and abusive behavior, the 380 
characteristics of healthy relationships, measures to prevent 381 
and stop dating viol ence and abuse, and community resources 382 
available to victims of dating violence and abuse. 383 
 3.  The health education curriculum For students in grades 384 
6 through 12, shall include an awareness of the benefits of 385 
sexual abstinence as the expected standard an d the consequences 386 
of teenage pregnancy. 387 
 4.  Life skills that build confidence, support mental and 388 
emotional health, and enable students to overcome challenges, 389 
including: 390 
 a.  Self-awareness and self-management. 391 
 b.  Responsible decisionmaking. 392 
 c.  Resiliency. 393 
 d.  Relationship skills and conflict resolution. 394 
 e.  Understanding and respecting other viewpoints and 395 
backgrounds. 396 
 f.  For grades 9 through 12, developing leadership skills, 397 
interpersonal skills, organization skills, and research skills; 398 
creating a resume, including a digital resume; exploring career 399 
pathways; using state career planning resources; developing and 400     
 
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practicing the skills necessary for employment interviews; 401 
workplace ethics and workplace law; managing stress and 402 
expectations; and self-motivation. 403 
 404 
Health education and life skills instruction and materials may 405 
not contradict the principles enumerated in subsection (3). 406 
 (o)  Such additional materials, subjects, courses, or 407 
fields in such grades as are prescribed by law or by rules of 408 
the State Board of Education and the district school board in 409 
fulfilling the requirements of law. 410 
 (p)  The study of Hispanic contributions to the United 411 
States. 412 
 (q)  The study of women's contributions to the United 413 
States. 414 
 (r)  The nature and importanc e of free enterprise to the 415 
United States economy. 416 
 (s)  Civic and character education on A character 417 
development program in the elementary schools, similar to 418 
Character First or Character Counts, which is secular in nature. 419 
Beginning in school year 2004 -2005, the character development 420 
program shall be required in kindergarten through grade 12. Each 421 
district school board shall develop or adopt a curriculum for 422 
the character development program that shall be submitted to the 423 
department for approval. 424 
 1.  The character development curriculum shall stress the 425     
 
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qualities and responsibilities of patriotism and; 426 
responsibility; citizenship, including,; kindness; respect for 427 
authority, life, liberty, and personal property; honesty; 428 
charity; self-control; racial, ethnic, and religious tolerance; 429 
and cooperation and,. 430 
 2.  The character development curriculum for grades 9 431 
through 12 shall, at a minimum, include instruction on 432 
developing leadership skills, interpersonal skills, organization 433 
skills, and research skills; creating a resume, including a 434 
digital resume; exploring career pathways; using state career 435 
planning resources; developing and practicing the skills 436 
necessary for employment interviews; conflict resolution, 437 
workplace ethics, and workplace law; managing stress and 438 
expectations; and developing skills that enable students to 439 
become more resilient and self -motivated. 440 
 3.  The character development curriculum for grades 11 and 441 
12, shall include instruction on voting using the uniform 442 
primary and general election ballot described in s. 101.151(9). 443 
 (t)  In order to encourage patriotism, the sacrifices that 444 
veterans and Medal of Honor recipients have made in serving our 445 
country and protecting democratic values worldwide. Such 446 
instruction must occur on or before Medal of Honor Day, 447 
Veterans' Day, and Memorial Day. Members of the instructional 448 
staff are encouraged to use the assistance of local veterans and 449 
Medal of Honor recipients when practicable. 450     
 
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 451 
The State Board of Education is encouraged to adopt st andards 452 
and pursue assessment of the requirements of this subsection. 453 
Instructional programming A character development program that 454 
incorporates the values of the recipients of the Congressional 455 
Medal of Honor and that is offered as part of a social studi es, 456 
English Language Arts, or other schoolwide character building 457 
and veteran awareness initiative meets the requirements of 458 
paragraph (t) paragraphs (s) and (t) . 459 
 (3)  The Legislature acknowledges the fundamental truth 460 
that all persons are equal before th e law and have inalienable 461 
rights. Accordingly, instruction and supporting materials on the 462 
topics enumerated in this section must be consistent with the 463 
following principles of individual freedom: 464 
 (a)  No person is inherently racist, sexist, or oppressiv e, 465 
whether consciously or unconsciously, solely by virtue of his or 466 
her race or sex. 467 
 (b)  No race is inherently superior to another race. 468 
 (c)  No person should be discriminated against or receive 469 
adverse treatment solely or partly on the basis of race, c olor, 470 
national origin, religion, disability, or sex. 471 
 (d)  Meritocracy or traits such as a hard work ethic are 472 
not racist but fundamental to the right to pursue happiness and 473 
be rewarded for industry. 474 
 (e)  A person, by virtue of his or her race or sex, do es 475     
 
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not bear responsibility for actions committed in the past by 476 
other members of the same race or sex. 477 
 (f)  A person should not be instructed that he or she must 478 
feel guilt, anguish, or other forms of psychological distress 479 
for actions, in which he or she played no part, committed in the 480 
past by other members of the same race or sex. 481 
 482 
Instructional personnel may facilitate discussions and use 483 
curricula to address, in an age -appropriate manner, how the 484 
freedoms of persons have been infringed by sexism, slav ery, 485 
racial oppression, racial segregation, and racial 486 
discrimination, including topics relating to the enactment and 487 
enforcement of laws resulting in sexism, racial oppression, 488 
racial segregation, and racial discrimination, including how 489 
recognition of these freedoms have overturned these unjust laws. 490 
However, classroom instruction and curriculum may not be used to 491 
indoctrinate or persuade students to a particular point of view 492 
inconsistent with the principles of this subsection or state 493 
academic standards. 494 
 (4)  The State Board of Education shall develop or adopt a 495 
curriculum to inspire future generations through motivating 496 
stories of American history that demonstrate important life 497 
skills and the principles of individual freedom that enabled 498 
persons to prosper even in the most difficult circumstances. 499 
This curriculum shall be known as "Stories of Inspiration" and 500     
 
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made available to schools to implement the requirements of 501 
subsection (3). 502 
 Section 4.  Paragraph (d) of subsection (2) of section 503 
1006.31, Florida Statutes, is amended to read: 504 
 1006.31  Duties of the Department of Education and school 505 
district instructional materials reviewer. —The duties of the 506 
instructional materials reviewer are: 507 
 (2)  EVALUATION OF INSTRUCTIONAL MATERIALS. —To use the 508 
selection criteria listed in s. 1006.34(2)(b) and recommend for 509 
adoption only those instructional materials aligned with the 510 
Next Generation Sunshine State Standards provided for in s. 511 
1003.41. Instructional materials recommended by each reviewer 512 
shall be, to the satisfaction of each reviewer, accurate, 513 
objective, balanced, noninflammatory, current, free of 514 
pornography and material prohibited under s. 847.012, and suited 515 
to student needs and their ability to comprehend the material 516 
presented. Reviewers shall consi der for recommendation materials 517 
developed for academically talented students, such as students 518 
enrolled in advanced placement courses. When recommending 519 
instructional materials, each reviewer shall: 520 
 (d)  Require, when appropriate to the comprehension of 521 
students, that materials for social science, history, or civics 522 
classes contain the Declaration of Independence and the 523 
Constitution of the United States. A reviewer may not recommend 524 
any instructional materials that contain any matter reflecting 525     
 
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unfairly upon persons because of their race, color, creed, 526 
national origin, ancestry, gender, religion, disability, 527 
socioeconomic status, or occupation or otherwise contradict the 528 
principles enumerated under s. 1003.42(3) . 529 
 Section 5.  Paragraph (b) of subsection (4) of section 530 
1012.98, Florida Statutes, is amended to read: 531 
 1012.98  School Community Professional Development Act. — 532 
 (4)  The Department of Education, school districts, 533 
schools, Florida College System institutions, and state 534 
universities share the res ponsibilities described in this 535 
section. These responsibilities include the following: 536 
 (b)  Each school district shall develop a professional 537 
development system as specified in subsection (3). The system 538 
shall be developed in consultation with teachers, t eacher-539 
educators of Florida College System institutions and state 540 
universities, business and community representatives, and local 541 
education foundations, consortia, and professional 542 
organizations. The professional development system must: 543 
 1.  Be reviewed and approved by the department for 544 
compliance with s. 1003.42(3) and this section . All substantial 545 
revisions to the system shall be submitted to the department for 546 
review for continued approval. 547 
 2.  Be based on analyses of student achievement data and 548 
instructional strategies and methods that support rigorous, 549 
relevant, and challenging curricula for all students. Schools 550     
 
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and districts, in developing and refining the professional 551 
development system, shall also review and monitor school 552 
discipline data; schoo l environment surveys; assessments of 553 
parental satisfaction; performance appraisal data of teachers, 554 
managers, and administrative personnel; and other performance 555 
indicators to identify school and student needs that can be met 556 
by improved professional perf ormance. 557 
 3.  Provide inservice activities coupled with followup 558 
support appropriate to accomplish district -level and school-559 
level improvement goals and standards. The inservice activities 560 
for instructional personnel shall focus on analysis of student 561 
achievement data, ongoing formal and informal assessments of 562 
student achievement, identification and use of enhanced and 563 
differentiated instructional strategies that emphasize rigor, 564 
relevance, and reading in the content areas, enhancement of 565 
subject content expertise, integrated use of classroom 566 
technology that enhances teaching and learning, classroom 567 
management, parent involvement, and school safety. 568 
 4.  Provide inservice activities and support targeted to 569 
the individual needs of new teachers participating in the 570 
professional development certification and education competency 571 
program under s. 1012.56(8)(a). 572 
 5.  Include a master plan for inservice activities, 573 
pursuant to rules of the State Board of Education, for all 574 
district employees from all fund sources. The master plan shall 575     
 
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be updated annually by September 1, must be based on input from 576 
teachers and district and school instructional leaders, and must 577 
use the latest available student achievement data and research 578 
to enhance rigor and relevance in the cla ssroom. Each district 579 
inservice plan must be aligned to and support the school -based 580 
inservice plans and school improvement plans pursuant to s. 581 
1001.42(18). Each district inservice plan must provide a 582 
description of the training that middle grades instruc tional 583 
personnel and school administrators receive on the district's 584 
code of student conduct adopted pursuant to s. 1006.07; 585 
integrated digital instruction and competency -based instruction 586 
and CAPE Digital Tool certificates and CAPE industry 587 
certifications; classroom management; student behavior and 588 
interaction; extended learning opportunities for students; and 589 
instructional leadership. District plans must be approved by the 590 
district school board annually in order to ensure compliance 591 
with subsection (1) an d to allow for dissemination of research -592 
based best practices to other districts. District school boards 593 
must submit verification of their approval to the Commissioner 594 
of Education no later than October 1, annually. Each school 595 
principal may establish and maintain an individual professional 596 
development plan for each instructional employee assigned to the 597 
school as a seamless component to the school improvement plans 598 
developed pursuant to s. 1001.42(18). An individual professional 599 
development plan must be re lated to specific performance data 600     
 
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for the students to whom the teacher is assigned, define the 601 
inservice objectives and specific measurable improvements 602 
expected in student performance as a result of the inservice 603 
activity, and include an evaluation compo nent that determines 604 
the effectiveness of the professional development plan. 605 
 6.  Include inservice activities for school administrative 606 
personnel that address updated skills necessary for 607 
instructional leadership and effective school management 608 
pursuant to s. 1012.986. 609 
 7.  Provide for systematic consultation with regional and 610 
state personnel designated to provide technical assistance and 611 
evaluation of local professional development programs. 612 
 8.  Provide for delivery of professional development by 613 
distance learning and other technology -based delivery systems to 614 
reach more educators at lower costs. 615 
 9.  Provide for the continuous evaluation of the quality 616 
and effectiveness of professional development programs in order 617 
to eliminate ineffective programs and strategies and to expand 618 
effective ones. Evaluations must consider the impact of such 619 
activities on the performance of participating educators and 620 
their students' achievement and behavior. 621 
 10.  For middle grades, emphasize: 622 
 a.  Interdisciplinary planning , collaboration, and 623 
instruction. 624 
 b.  Alignment of curriculum and instructional materials to 625     
 
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the state academic standards adopted pursuant to s. 1003.41. 626 
 c.  Use of small learning communities; problem -solving, 627 
inquiry-driven research and analytical appro aches for students; 628 
strategies and tools based on student needs; competency -based 629 
instruction; integrated digital instruction; and project -based 630 
instruction. 631 
 632 
Each school that includes any of grades 6, 7, or 8 must include 633 
in its school improvement plan, r equired under s. 1001.42(18), a 634 
description of the specific strategies used by the school to 635 
implement each item listed in this subparagraph. 636 
 11.  Provide training to reading coaches, classroom 637 
teachers, and school administrators in effective methods of 638 
identifying characteristics of conditions such as dyslexia and 639 
other causes of diminished phonological processing skills; 640 
incorporating instructional techniques into the general 641 
education setting which are proven to improve reading 642 
performance for all stude nts; and using predictive and other 643 
data to make instructional decisions based on individual student 644 
needs. The training must help teachers integrate phonemic 645 
awareness; phonics, word study, and spelling; reading fluency; 646 
vocabulary, including academic voc abulary; and text 647 
comprehension strategies into an explicit, systematic, and 648 
sequential approach to reading instruction, including 649 
multisensory intervention strategies. Each district must provide 650     
 
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all elementary grades instructional personnel access to trai ning 651 
sufficient to meet the requirements of s. 1012.585(3)(f). 652 
 Section 6.  Paragraph (d) of subsection (3) of section 653 
1002.20, Florida Statutes, is amended to read: 654 
 1002.20  K-12 student and parent rights. —Parents of public 655 
school students must receive accurate and timely information 656 
regarding their child's academic progress and must be informed 657 
of ways they can help their child to succeed in school. K -12 658 
students and their parents are afforded numerous statutory 659 
rights including, but not limited to, th e following: 660 
 (3)  HEALTH ISSUES.— 661 
 (d)  Reproductive health and disease education. —A public 662 
school student whose parent makes written request to the school 663 
principal shall be exempted from the teaching of reproductive 664 
health or any disease, including HIV/ AIDS, in accordance with s. 665 
1003.42(4) s. 1003.42(3). Each school district shall, on the 666 
district's website homepage, notify parents of this right and 667 
the process to request an exemption. The homepage must include a 668 
link for a student's parent to access an d review the 669 
instructional materials, as defined in s. 1006.29(2), used to 670 
teach the curriculum. 671 
 Section 7.  Paragraph (b) of subsection (4) of section 672 
1006.40, Florida Statutes, is amended to read: 673 
 1006.40  Use of instructional materials allocation; 674 
instructional materials, library books, and reference books; 675     
 
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repair of books.— 676 
 (4)  Each district school board is responsible for the 677 
content of all materials used in a classroom or otherwise made 678 
available to students. Each district school board shall ado pt 679 
rules, and each district school superintendent shall implement 680 
procedures, that: 681 
 (b)  Provide a process for public review of, public comment 682 
on, and the adoption of instructional materials, including 683 
instructional materials used to teach reproductive h ealth or any 684 
disease, including HIV/AIDS, under ss. 1003.42(4) and 1003.46 685 
ss. 1003.42(3) and 1003.46 , which satisfies the requirements of 686 
s. 1006.283(2)(b)8., 9., and 11. 687 
 Section 8.  This act shall take effect July 1, 2022. 688