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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 beli eve 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 requirements for required 18
instruction on the history of African Americans ; 19
requiring the department to prepare and offer certain 20
standards and curriculum; authorizing the department 21
to seek input from a specified organization for 22
certain purposes; revising the requirements for 23
required instruction on health education; requiring 24
such instruction to comport with certain principles 25
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and include certain life skills; requiring civic and 26
character education instead of a character development 27
program; providing the requirements of such education; 28
providing legislative findings; requirin g instruction 29
to be consistent with specified principles of 30
individual freedom; authorizing instructional 31
personnel to facilitate discussions and use curricula 32
to address, in an age -appropriate manner, specified 33
topics; prohibiting classroom instruction an d 34
curricula from being used to indoctrinate or persuade 35
students in a manner inconsistent with certain 36
principles or state academic standards; conforming 37
cross-references to changes made by the act; requiring 38
the State Board of Education to adopt a specifi ed 39
curriculum to be made available to schools for a 40
certain purpose; amending s. 1006.31, F.S.; 41
prohibiting instructional materials reviewers from 42
recommending instructional materials that contain any 43
matter that contradicts certain principles; amending 44
s. 1012.98, F.S.; requiring the Department of 45
Education to review school district professional 46
development systems for compliance with certain 47
provisions of law; amending ss. 1002.20 and 1006.40, 48
F.S.; conforming cross -references; providing an 49
effective date. 50
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51
Be It Enacted by the Legislature of the State of Florida: 52
53
Section 1. Subsections (8) through (10) of section 760.10, 54
Florida Statutes, are renumbered as subsections (9) through 55
(11), respectively, and a new subsection (8) is added to that 56
section, to read: 57
760.10 Unlawful employment practices. — 58
(8)(a) Subjecting any individual, as a condition of 59
employment, membership, certification, licensing, credentialing, 60
or passing an examination, to training, instruction, or any 61
other required activity that espouses, promotes, advances, 62
inculcates, or compels such individual to believe any of the 63
following concepts constitutes discrimination based on race, 64
color, sex, or national origin under this section: 65
1. Members of one race, color, sex, or nation al origin are 66
morally superior to members of another race, color, sex, or 67
national origin. 68
2. An individual, by virtue of his or her race, color, 69
sex, or national origin, is inherently racist, sexist, or 70
oppressive, whether consciously or unconsciously. 71
3. An individual's moral character or status as either 72
privileged or oppressed is necessarily determined by his or her 73
race, color, sex, or national origin. 74
4. Members of one race, color, sex, or national origin 75
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cannot and should not attempt to treat o thers without respect to 76
race, color, sex, or national origin. 77
5. An individual, by virtue of his or her race, color, 78
sex, or national origin, bears responsibility for, or should be 79
discriminated against or receive adverse treatment because of, 80
actions committed in the past by other members of the same race, 81
color, sex, or national origin. 82
6. An individual, by virtue of his or her race, color, 83
sex, or national origin, should be discriminated against or 84
receive adverse treatment to achieve diversity, equ ity, or 85
inclusion. 86
7. An individual, by virtue of his or her race, color, 87
sex, or national origin, bears personal responsibility for and 88
must feel guilt, anguish, or other forms of psychological 89
distress because of actions, in which the individual played no 90
part, committed in the past by other members of the same race, 91
color, sex, or national origin. 92
8. Such virtues as merit, excellence, hard work, fairness, 93
neutrality, objectivity, and racial colorblindness are racist or 94
sexist, or were created by memb ers of a particular race, color, 95
sex, or national origin to oppress members of another race, 96
color, sex, or national origin. 97
(b) Paragraph (a) may not be construed to prohibit 98
discussion of the concepts listed therein as part of a course of 99
training or instruction, provided such training or instruction 100
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is given in an objective manner without endorsement of the 101
concepts. 102
Section 2. Subsections (4) through (8) of section 1000.05, 103
Florida Statutes, are renumbered as subsections (5) through (9), 104
respectively, subsections (2) and (3), present subsection (4), 105
and paragraph (d) of present subsection (6) are amended, and a 106
new subsection (4) is added to that section, to read: 107
1000.05 Discrimination against students and employees in 108
the Florida K-20 public education system prohibited; equality of 109
access required.— 110
(2)(a) Discrimination on the basis of race, color 111
ethnicity, national origin, sex gender, disability, religion, or 112
marital status against a student or an employee in the state 113
system of public K-20 education is prohibited. No person in this 114
state shall, on the basis of race, color ethnicity, national 115
origin, sex gender, disability, religion, or marital status, be 116
excluded from participation in, be denied the benefits of, or be 117
subjected to discrimination under any public K -20 education 118
program or activity, or in any employment conditions or 119
practices, conducted by a public educational institution that 120
receives or benefits from federal or state financial assistance. 121
(b) The criteria for adm ission to a program or course 122
shall not have the effect of restricting access by persons of a 123
particular race, color ethnicity, national origin, sex gender, 124
disability, religion, or marital status. 125
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(c) All public K-20 education classes shall be available 126
to all students without regard to race, color ethnicity, 127
national origin, sex gender, disability, religion, or marital 128
status; however, this is not intended to eliminate the provision 129
of programs designed to meet the needs of students with limited 130
proficiency in English, gifted students, or students with 131
disabilities or programs tailored to students with specialized 132
talents or skills. 133
(d) Students may be separated by sex gender for a single-134
gender program as provided under s. 1002.311, for any portion of 135
a class that deals with human reproduction, or during 136
participation in bodily contact sports. For the purpose of this 137
section, bodily contact sports include wrestling, boxing, rugby, 138
ice hockey, football, basketball, and other sports in which the 139
purpose or major activity involves bodily contact. 140
(e) Guidance services, counseling services, and financial 141
assistance services in the state public K -20 education system 142
shall be available to students equally. Guidance and counseling 143
services, materials, and pr omotional events shall stress access 144
to academic and career opportunities for students without regard 145
to race, color ethnicity, national origin, sex gender, 146
disability, religion, or marital status. 147
(3)(a) No person shall, on the basis of sex gender, be 148
excluded from participating in, be denied the benefits of, or be 149
treated differently from another person or otherwise be 150
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discriminated against in any interscholastic, intercollegiate, 151
club, or intramural athletics offered by a public K -20 152
educational institution; and no public K -20 educational 153
institution shall provide athletics separately on such basis. 154
(b) Notwithstanding the requirements of paragraph (a), a 155
public K-20 educational institution may operate or sponsor 156
separate teams for members of each sex gender if the selection 157
for such teams is based upon competitive skill or the activity 158
involved is a bodily contact sport. However, when a public K -20 159
educational institution operates or sponsors a team in a 160
particular sport for members of one sex gender but does not 161
operate or sponsor such a team for members of the other sex 162
gender, and athletic opportunities for that sex gender have 163
previously been limited, members of the excluded sex gender must 164
be allowed to try out for the team offered. 165
(c) This subsection does not prohibit the grouping of 166
students in physical education classes and activities by ability 167
as assessed by objective standards of individual performance 168
developed and applied without regard to sex gender. However, 169
when use of a single stand ard of measuring skill or progress in 170
a physical education class has an adverse effect on members of 171
one sex gender, the educational institution shall use 172
appropriate standards which do not have such effect. 173
(d) A public K-20 educational institution whic h operates 174
or sponsors interscholastic, intercollegiate, club, or 175
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intramural athletics shall provide equal athletic opportunity 176
for members of both sexes genders. 177
1. The Board of Governors shall determine whether equal 178
opportunities are available at stat e universities. 179
2. The Commissioner of Education shall determine whether 180
equal opportunities are available in school districts and 181
Florida College System institutions. In determining whether 182
equal opportunities are available in school districts and 183
Florida College System institutions, the Commissioner of 184
Education shall consider, among other factors: 185
a. Whether the selection of sports and levels of 186
competition effectively accommodate the interests and abilities 187
of members of both sexes genders. 188
b. The provision of equipment and supplies. 189
c. Scheduling of games and practice times. 190
d. Travel and per diem allowances. 191
e. Opportunities to receive coaching and academic 192
tutoring. 193
f. Assignment and compensation of coaches and tutors. 194
g. Provision of locker room, practice, and competitive 195
facilities. 196
h. Provision of medical and training facilities and 197
services. 198
i. Provision of housing and dining facilities and 199
services. 200
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j. Publicity. 201
202
Unequal aggregate expenditures for members of each sex gender or 203
unequal expenditures for male and female teams if a public 204
school or Florida College System institution operates or 205
sponsors separate teams do not constitute nonimplementation of 206
this subsection, but the Commissioner of Education shall 207
consider the failure to provide necessary funds for teams for 208
one sex gender in assessing equality of opportunity for members 209
of each sex gender. 210
(e) A public school or Florida College System institution 211
may provide separate toilet, locker room, and shower facilities 212
on the basis of gender, but such facilities shall be comparable 213
to such facilities provided for students of the other sex 214
gender. 215
(4)(a) It shall constitute discrimination on the basis of 216
race, color, national origin, or sex under this section to 217
subject any student or employee to training or instruction that 218
espouses, promotes, advances, inculcates, or compels such 219
student or employee to believe any of the following concepts: 220
1. Members of one race, color, national origin, or sex are 221
morally superior to m embers of another race, color, national 222
origin, or sex. 223
2. A person, by virtue of his or her race, color, national 224
origin, or sex is inherently racist, sexist, or oppressive, 225
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whether consciously or unconsciously. 226
3. A person's moral character or status as either 227
privileged or oppressed is necessarily determined by his or her 228
race, color, national origin, or sex. 229
4. Members of one race, color, national origin, or sex 230
cannot and should not attempt to treat others without respect to 231
race, color, national origin, or sex. 232
5. A person, by virtue of his or her race, color, national 233
origin, or sex bears responsibility for, or should be 234
discriminated against or receive adverse treatment because of, 235
actions committed in the past by other members of the same race, 236
color, national origin, or sex. 237
6. A person, by virtue of his or her race, color, national 238
origin, or sex should be discriminated against or receive 239
adverse treatment to achieve diversity, equity, or inclusion. 240
7. A person, by virtue of his or her race, color, sex, or 241
national origin, bears personal responsibility for and must feel 242
guilt, anguish, or other forms of psychological distress because 243
of actions, in which the person played no part, committed in the 244
past by other members of the same race, color, national origin, 245
or sex. 246
8. Such virtues as merit, excellence, hard work, fairness, 247
neutrality, objectivity, and racial colorblindness are racist or 248
sexist, or were created by members of a particular race, color, 249
national origin, or sex to oppress members of another race, 250
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color, national origin, or sex. 251
(b) Paragraph (a) may not be construed to prohibit 252
discussion of the concepts listed therein as part of a larger 253
course of training or instruction, provide d such training or 254
instruction is given in an objective manner without endorsement 255
of the concepts. 256
(5)(4) Public schools and Florida College System 257
institutions shall develop and implement methods and strategies 258
to increase the participation of students of a particular race, 259
color ethnicity, national origin, sex gender, disability, or 260
marital status in programs and courses in which students of that 261
particular race, color ethnicity, national origin, sex gender, 262
disability, or marital status have been traditionally 263
underrepresented, including, but not limited to, mathematics, 264
science, computer technology, electronics, communications 265
technology, engineering, and career education. 266
(7)(6) The functions of the Offic e of Equal Educational 267
Opportunity of the Department of Education shall include, but 268
are not limited to: 269
(d) Conducting studies of the effectiveness of methods and 270
strategies designed to increase the participation of students in 271
programs and courses in w hich students of a particular race, 272
color ethnicity, national origin, sex gender, disability, or 273
marital status have been traditionally underrepresented and 274
monitoring the success of students in such programs or courses, 275
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including performing followup monit oring. 276
Section 3. Subsection (3) of section 1003.42, Florida 277
Statutes, is renumbered as subsection (5), paragraph (b) of 278
subsection (1) and subsection (2) are amended, and a new 279
subsection (3) and subsection (4) are added to that section, to 280
read: 281
1003.42 Required instruction. — 282
(1) 283
(b) All instructional materials, as defined in s. 284
1006.29(2), used to teach reproductive health or any disease, 285
including HIV/AIDS, its symptoms, development, and treatment, as 286
part of the courses referenced in subsectio n (5) (3), must be 287
annually approved by a district school board in an open, noticed 288
public meeting. 289
(2) Members of the instructional staff of the public 290
schools, subject to the rules of the State Board of Education 291
and the district school board, shall te ach efficiently and 292
faithfully, using the books and materials required that meet the 293
highest standards for professionalism and historical accuracy, 294
following the prescribed courses of study, and employing 295
approved methods of instruction, the following: 296
(a) The history and content of the Declaration of 297
Independence, including national sovereignty, natural law, self -298
evident truth, equality of all persons, limited government, 299
popular sovereignty, and inalienable rights of life, liberty, 300
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and property, and how they form the philosophical foundation of 301
our government. 302
(b) The history, meaning, significance, and effect of the 303
provisions of the Constitution of the United States and 304
amendments thereto, with emphasis on each of the 10 amendments 305
that make up the Bill of Rights and how the constitution 306
provides the structure of our government. 307
(c) The arguments in support of adopting our republican 308
form of government, as they are embodied in the most important 309
of the Federalist Papers. 310
(d) Flag education, includ ing proper flag display and flag 311
salute. 312
(e) The elements of civil government, including the 313
primary functions of and interrelationships between the Federal 314
Government, the state, and its counties, municipalities, school 315
districts, and special districts. 316
(f) The history of the United States, including the period 317
of discovery, early colonies, the War for Independence, the 318
Civil War, the expansion of the United States to its present 319
boundaries, the world wars, and the civil rights movement to the 320
present. American history shall be viewed as factual, not as 321
constructed, shall be viewed as knowable, teachable, and 322
testable, and shall be defined as the creation of a new nation 323
based largely on the universal principles stated in the 324
Declaration of Independence . 325
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(g)1. The history of the Holocaust (1933 -1945), the 326
systematic, planned annihilation of European Jews and other 327
groups by Nazi Germany, a watershed event in the history of 328
humanity, to be taught in a manner that leads to an 329
investigation of human behav ior, an understanding of the 330
ramifications of prejudice, racism, and stereotyping, and an 331
examination of what it means to be a responsible and respectful 332
person, for the purposes of encouraging tolerance of diversity 333
in a pluralistic society and for nurtur ing and protecting 334
democratic values and institutions, including the policy, 335
definition, and historical and current examples of anti -336
Semitism, as described in s. 1000.05(8) s. 1000.05(7), and the 337
prevention of anti-Semitism. Each school district must annua lly 338
certify and provide evidence to the department, in a manner 339
prescribed by the department, that the requirements of this 340
paragraph are met. The department shall prepare and offer 341
standards and curriculum for the instruction required by this 342
paragraph and may seek input from the Commissioner of 343
Education's Task Force on Holocaust Education or from any state 344
or nationally recognized Holocaust educational organizations. 345
The department may contract with any state or nationally 346
recognized Holocaust educationa l organizations to develop 347
training for instructional personnel and grade -appropriate 348
classroom resources to support the developed curriculum. 349
2. The second week in November shall be designated as 350
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"Holocaust Education Week" in this state in recognition t hat 351
November is the anniversary of Kristallnacht, widely recognized 352
as a precipitating event that led to the Holocaust. 353
(h) The history of African Americans, including the 354
history of African peoples before the political conflicts that 355
led to the development of slavery, the passage to America, the 356
enslavement experience, abolition, and the history and 357
contributions of African Americans of the African diaspora to 358
society. Students shall develop an understanding of the 359
ramifications of prejudice, racism, and stereotyping on 360
individual freedoms, and examine what it means to be a 361
responsible and respectful person, for the purpose of 362
encouraging tolerance of diversity in a pluralistic society and 363
for nurturing and protecting democratic values and institutions. 364
Instruction shall include the roles and contributions of 365
individuals from all walks of life and their endeavors to learn 366
and thrive throughout history as artists, scientists, educators, 367
businesspeople, influential thinkers, members of the faith 368
community, and political and governmental leaders and the 369
courageous steps they took to fulfill the promise of democracy 370
and unite the nation. Instructional materials shall include the 371
vital contributions of African Americans to build and strengthen 372
American society and celebrate the inspirational stories of 373
African Americans who prospered, even in the most difficult 374
circumstances. The department shall prepare and offer standards 375
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and curriculum for the instruction required by this paragraph 376
and may seek input from the Commissioner of Education's African 377
American History Task Force . 378
(i) The elementary principles of agriculture. 379
(j) The true effects of all alcoholic and intoxicating 380
liquors and beverages and narcotics upon the human body and 381
mind. 382
(k) Kindness to animals. 383
(l) The history of the state. 384
(m) The conservation of natural resources. 385
(n)1. Comprehensive age-appropriate and developmentally 386
appropriate K-12 instruction on: health education that addresses 387
1. Health education that addresses concepts of community 388
health, consumer health, environmental health, and family life, 389
including: 390
a. Mental and emotional health. 391
a.b. Injury prevention and safety. 392
b.c. Internet safety. 393
c.d. Nutrition. 394
d.e. Personal health. 395
e.f. Prevention and control of disease. 396
f.g. Substance use and abuse. 397
g.h. Prevention of child sexual abuse, exploitation, and 398
human trafficking. 399
2. The health education curriculum For students in grades 400
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7 through 12, shall include a teen dating violence and abuse . 401
This component must include that includes, but is not be limited 402
to, the definition of dating violence and abuse, the warning 403
signs of dating violence and abusive behavior, the 404
characteristics of healthy relationships, measures to prevent 405
and stop dating violence and abuse, and community resources 406
available to victims of dating violence and abuse. 407
3. The health education curriculum For students in grades 408
6 through 12, shall include an awareness of the benefits of 409
sexual abstinence as the expected standard and the consequences 410
of teenage pregnancy. 411
4. Life skills that build confidence, support mental and 412
emotional health, and enable students to overcome challenges, 413
including: 414
a. Self-awareness and self-management. 415
b. Responsible decis ionmaking. 416
c. Resiliency. 417
d. Relationship skills and conflict resolution. 418
e. Understanding and respecting other viewpoints and 419
backgrounds. 420
f. For grades 9 through 12, developing leadership skills, 421
interpersonal skills, organization skills, and res earch skills; 422
creating a resume, including a digital resume; exploring career 423
pathways; using state career planning resources; developing and 424
practicing the skills necessary for employment interviews; 425
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workplace ethics and workplace law; managing stress and 426
expectations; and self -motivation. 427
428
Health education and life skills instruction and materials may 429
not contradict the principles enumerated in subsection (3). 430
(o) Such additional materials, subjects, courses, or 431
fields in such grades as are prescribed b y law or by rules of 432
the State Board of Education and the district school board in 433
fulfilling the requirements of law. 434
(p) The study of Hispanic contributions to the United 435
States. 436
(q) The study of women's contributions to the United 437
States. 438
(r) The nature and importance of free enterprise to the 439
United States economy. 440
(s) Civic and character education on A character 441
development program in the elementary schools, similar to 442
Character First or Character Counts, which is secular in nature. 443
Beginning in school year 2004-2005, the character development 444
program shall be required in kindergarten through grade 12. Each 445
district school board shall develop or adopt a curriculum for 446
the character development program that shall be submitted to the 447
department for approval. 448
1. The character development curriculum shall stress the 449
qualities and responsibilities of patriotism and; 450
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responsibility; citizenship, including,; kindness; respect for 451
authority, life, liberty, and personal property; honesty; 452
charity; self-control; racial, ethnic, and religious tolerance; 453
and cooperation and,. 454
2. The character development curriculum for grades 9 455
through 12 shall, at a minimum, include instruction on 456
developing leadership skills, interpersonal skills, organization 457
skills, and research skills; creating a resume, including a 458
digital resume; exploring career pathways; using state career 459
planning resources; developing and practicing the skills 460
necessary for employment interviews; conflict resolution, 461
workplace ethics, and workpl ace law; managing stress and 462
expectations; and developing skills that enable students to 463
become more resilient and self -motivated. 464
3. The character development curriculum for grades 11 and 465
12, shall include instruction on voting using the uniform 466
primary and general election ballot described in s. 101.151(9). 467
(t) In order to encourage patriotism, the sacrifices that 468
veterans and Medal of Honor recipients have made in serving our 469
country and protecting democratic values worldwide. Such 470
instruction must occur on or before Medal of Honor Day, 471
Veterans' Day, and Memorial Day. Members of the instructional 472
staff are encouraged to use the assistance of local veterans and 473
Medal of Honor recipients when practicable. 474
475
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The State Board of Education is encouraged to adopt standards 476
and pursue assessment of the requirements of this subsection. 477
Instructional programming A character development program that 478
incorporates the values of the recipients of the Congressional 479
Medal of Honor and that is offered as part of a social studies, 480
English Language Arts, or other schoolwide character building 481
and veteran awareness initiative meets the requirements of 482
paragraph (t) paragraphs (s) and (t) . 483
(3) The Legislature acknowledges the fundamental truth 484
that all persons are equal before the law and have inalienable 485
rights. Accordingly, instruction and supporting materials on the 486
topics enumerated in this section must be consistent with the 487
following principles of individual freedom: 488
(a) No person is inherently ra cist, sexist, or oppressive, 489
whether consciously or unconsciously, solely by virtue of his or 490
her race or sex. 491
(b) No race is inherently superior to another race. 492
(c) No person should be discriminated against or receive 493
adverse treatment solely or part ly on the basis of race, color, 494
national origin, religion, disability, or sex. 495
(d) Meritocracy or traits such as a hard work ethic are 496
not racist but fundamental to the right to pursue happiness and 497
be rewarded for industry. 498
(e) A person, by virtue of his or her race or sex, does 499
not bear responsibility for actions committed in the past by 500
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other members of the same race or sex. 501
(f) A person should not be instructed that he or she must 502
feel guilt, anguish, or other forms of psychological distress 503
for actions, in which he or she played no part, committed in the 504
past by other members of the same race or sex. 505
506
Instructional personnel may facilitate discussions and use 507
curricula to address, in an age -appropriate manner, how the 508
freedoms of persons have been infringed by sexism, slavery, 509
racial oppression, racial segregation, and racial 510
discrimination, including topics relating to the enactment and 511
enforcement of laws resulting in sexism, racial oppression, 512
racial segregation, and racial discrimination, inclu ding how 513
recognition of these freedoms have overturned these unjust laws. 514
However, classroom instruction and curriculum may not be used to 515
indoctrinate or persuade students to a particular point of view 516
inconsistent with the principles of this subsection o r state 517
academic standards. 518
(4) The State Board of Education shall develop or adopt a 519
curriculum to inspire future generations through motivating 520
stories of American history that demonstrate important life 521
skills and the principles of individual freedom that enabled 522
persons to prosper even in the most difficult circumstances. 523
This curriculum shall be known as "Stories of Inspiration" and 524
made available to schools to implement the requirements of 525
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subsection (3). 526
Section 4. Paragraph (d) of subsection ( 2) of section 527
1006.31, Florida Statutes, is amended to read: 528
1006.31 Duties of the Department of Education and school 529
district instructional materials reviewer. —The duties of the 530
instructional materials reviewer are: 531
(2) EVALUATION OF INSTRUCTIONAL MAT ERIALS.—To use the 532
selection criteria listed in s. 1006.34(2)(b) and recommend for 533
adoption only those instructional materials aligned with the 534
Next Generation Sunshine State Standards provided for in s. 535
1003.41. Instructional materials recommended by each reviewer 536
shall be, to the satisfaction of each reviewer, accurate, 537
objective, balanced, noninflammatory, current, free of 538
pornography and material prohibited under s. 847.012, and suited 539
to student needs and their ability to comprehend the material 540
presented. Reviewers shall consider for recommendation materials 541
developed for academically talented students, such as students 542
enrolled in advanced placement courses. When recommending 543
instructional materials, each reviewer shall: 544
(d) Require, when appropriat e to the comprehension of 545
students, that materials for social science, history, or civics 546
classes contain the Declaration of Independence and the 547
Constitution of the United States. A reviewer may not recommend 548
any instructional materials that contain any m atter reflecting 549
unfairly upon persons because of their race, color, creed, 550
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national origin, ancestry, gender, religion, disability, 551
socioeconomic status, or occupation or otherwise contradict the 552
principles enumerated under s. 1003.42(3) . 553
Section 5. Paragraph (b) of subsection (4) of section 554
1012.98, Florida Statutes, is amended to read: 555
1012.98 School Community Professional Development Act. — 556
(4) The Department of Education, school districts, 557
schools, Florida College System institution s, and state 558
universities share the responsibilities described in this 559
section. These responsibilities include the following: 560
(b) Each school district shall develop a professional 561
development system as specified in subsection (3). The system 562
shall be developed in consultation with teachers, teacher -563
educators of Florida College System institutions and state 564
universities, business and community representatives, and local 565
education foundations, consortia, and professional 566
organizations. The professional deve lopment system must: 567
1. Be reviewed and approved by the department for 568
compliance with s. 1003.42(3) and this section . All substantial 569
revisions to the system shall be submitted to the department for 570
review for continued approval. 571
2. Be based on analys es of student achievement data and 572
instructional strategies and methods that support rigorous, 573
relevant, and challenging curricula for all students. Schools 574
and districts, in developing and refining the professional 575
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development system, shall also review an d monitor school 576
discipline data; school environment surveys; assessments of 577
parental satisfaction; performance appraisal data of teachers, 578
managers, and administrative personnel; and other performance 579
indicators to identify school and student needs that c an be met 580
by improved professional performance. 581
3. Provide inservice activities coupled with followup 582
support appropriate to accomplish district -level and school-583
level improvement goals and standards. The inservice activities 584
for instructional personnel shall focus on analysis of student 585
achievement data, ongoing formal and informal assessments of 586
student achievement, identification and use of enhanced and 587
differentiated instructional strategies that emphasize rigor, 588
relevance, and reading in the content areas, enhancement of 589
subject content expertise, integrated use of classroom 590
technology that enhances teaching and learning, classroom 591
management, parent involvement, and school safety. 592
4. Provide inservice activities and support targeted to 593
the individual needs of new teachers participating in the 594
professional development certification and education competency 595
program under s. 1012.56(8)(a). 596
5. Include a master plan for inservice activities, 597
pursuant to rules of the State Board of Education, for all 598
district employees from all fund sources. The master plan shall 599
be updated annually by September 1, must be based on input from 600
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teachers and district and school instructional leaders, and must 601
use the latest available student achievement data and research 602
to enhance rigor and relevance in the classroom. Each district 603
inservice plan must be aligned to and support the school -based 604
inservice plans and school improvement plans pursuant to s. 605
1001.42(18). Each district inservice plan must provide a 606
description of the training that middle grades instructional 607
personnel and school administrators receive on the district's 608
code of student conduct adopted pursuant to s. 1006.07; 609
integrated digital instruction and competency -based instruction 610
and CAPE Digital Tool certif icates and CAPE industry 611
certifications; classroom management; student behavior and 612
interaction; extended learning opportunities for students; and 613
instructional leadership. District plans must be approved by the 614
district school board annually in order to e nsure compliance 615
with subsection (1) and to allow for dissemination of research -616
based best practices to other districts. District school boards 617
must submit verification of their approval to the Commissioner 618
of Education no later than October 1, annually. E ach school 619
principal may establish and maintain an individual professional 620
development plan for each instructional employee assigned to the 621
school as a seamless component to the school improvement plans 622
developed pursuant to s. 1001.42(18). An individual p rofessional 623
development plan must be related to specific performance data 624
for the students to whom the teacher is assigned, define the 625
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inservice objectives and specific measurable improvements 626
expected in student performance as a result of the inservice 627
activity, and include an evaluation component that determines 628
the effectiveness of the professional development plan. 629
6. Include inservice activities for school administrative 630
personnel that address updated skills necessary for 631
instructional leadership and effective school management 632
pursuant to s. 1012.986. 633
7. Provide for systematic consultation with regional and 634
state personnel designated to provide technical assistance and 635
evaluation of local professional development programs. 636
8. Provide for delivery of professional development by 637
distance learning and other technology -based delivery systems to 638
reach more educators at lower costs. 639
9. Provide for the continuous evaluation of the quality 640
and effectiveness of professional development programs in order 641
to eliminate ineffective programs and strategies and to expand 642
effective ones. Evaluations must consider the impact of such 643
activities on the performance of participating educators and 644
their students' achievement and behavior. 645
10. For middle grades, emph asize: 646
a. Interdisciplinary planning, collaboration, and 647
instruction. 648
b. Alignment of curriculum and instructional materials to 649
the state academic standards adopted pursuant to s. 1003.41. 650
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c. Use of small learning communities; problem -solving, 651
inquiry-driven research and analytical approaches for students; 652
strategies and tools based on student needs; competency -based 653
instruction; integrated digital instruction; and project -based 654
instruction. 655
656
Each school that includes any of grades 6, 7, or 8 must inc lude 657
in its school improvement plan, required under s. 1001.42(18), a 658
description of the specific strategies used by the school to 659
implement each item listed in this subparagraph. 660
11. Provide training to reading coaches, classroom 661
teachers, and school ad ministrators in effective methods of 662
identifying characteristics of conditions such as dyslexia and 663
other causes of diminished phonological processing skills; 664
incorporating instructional techniques into the general 665
education setting which are proven to imp rove reading 666
performance for all students; and using predictive and other 667
data to make instructional decisions based on individual student 668
needs. The training must help teachers integrate phonemic 669
awareness; phonics, word study, and spelling; reading fluen cy; 670
vocabulary, including academic vocabulary; and text 671
comprehension strategies into an explicit, systematic, and 672
sequential approach to reading instruction, including 673
multisensory intervention strategies. Each district must provide 674
all elementary grades instructional personnel access to training 675
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sufficient to meet the requirements of s. 1012.585(3)(f). 676
Section 6. Paragraph (d) of subsection (3) of section 677
1002.20, Florida Statutes, is amended to read: 678
1002.20 K-12 student and parent rights. —Parents of public 679
school students must receive accurate and timely information 680
regarding their child's academic progress and must be informed 681
of ways they can help their child to succeed in school. K -12 682
students and their parents are afforded numerous statutory 683
rights including, but not limited to, the following: 684
(3) HEALTH ISSUES.— 685
(d) Reproductive health and disease education. —A public 686
school student whose parent makes written request to the school 687
principal shall be exempted from the teaching of reproductive 688
health or any disease, including HIV/AIDS, in accordance with s. 689
1003.42(5) s. 1003.42(3). Each school district shall, on the 690
district's website homepage, notify parents of this right and 691
the process to request an exemption. The homepage must include a 692
link for a student's parent to access and review the 693
instructional materials, as defined in s. 1006.29(2), used to 694
teach the curriculum. 695
Section 7. Paragraph (b) of subsection (4) of section 696
1006.40, Florida Statutes, is amended to read: 697
1006.40 Use of instructional materials allocation; 698
instructional materials, library books, and reference books; 699
repair of books.— 700
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(4) Each district school board is responsible for the 701
content of all materials used in a classroom or otherwise made 702
available to students . Each district school board shall adopt 703
rules, and each district school superintendent shall implement 704
procedures, that: 705
(b) Provide a process for public review of, public comment 706
on, and the adoption of instructional materials, including 707
instructional materials used to teach reproductive health or any 708
disease, including HIV/AIDS, under ss. 1003.42(5) and 1003.46 709
ss. 1003.42(3) and 1003.46 , which satisfies the requirements of 710
s. 1006.283(2)(b)8., 9., and 11. 711
Section 8. This act shall take effect July 1, 2022. 712