Florida 2022 Regular Session

Florida House Bill H0007 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14+A bill to be entitled 1
1515 An act relating to individual freedom; amending s. 2
1616 760.10, F.S.; providing that subjecting any 3
1717 individual, as a condition of employment, membership, 4
1818 certification, licensing, credentialing, or passing an 5
1919 examination, to training, instruction, or any other 6
2020 required activity that espouses, promotes, advances, 7
2121 inculcates, or compels such individual to believe 8
2222 specified concepts constitutes discrimination based on 9
2323 race, color, sex, or national origin; providing 10
2424 construction; amending s. 1000.05, F.S.; providing 11
2525 that subjecting any student or employee to training or 12
2626 instruction that espouses, promotes, advances, 13
2727 inculcates, or compels such individual to believe 14
2828 specified concepts constitutes discrimination based on 15
2929 race, color, sex, or national origin; conforming 16
3030 provisions to changes made by the act; amending s. 17
3131 1003.42, F.S.; revising requirements for required 18
3232 instruction on the history of African Americans; 19
3333 authorizing instructional personnel to facilitate 20
3434 discussions and use curricula to address, in an age -21
3535 appropriate manner, specified topics; prohibiting 22
3636 classroom instruction and curricula from being used to 23
3737 indoctrinate or persuade students in a manner 24
3838 inconsistent with certain principles or state academic 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 standards; requiring the department to prepare and 26
5252 offer certain standards and curriculum; authorizing 27
5353 the department to seek input from a specified 28
5454 organization for certain purposes; revising the 29
5555 requirements for required instruction on health 30
5656 education; requiring such instruction to comport with 31
5757 certain principles and include certain life skills; 32
5858 requiring civic and character education instead of a 33
5959 character development program; providing the 34
6060 requirements of such education; providing legislative 35
6161 findings; requiring instruction to be consistent with 36
6262 specified principles of individual freedom; 37
6363 authorizing instructional personnel to facilitate 38
6464 discussions and use curricula to address, in an age -39
6565 appropriate manner, specified topics; prohibiting 40
6666 classroom instruction and curricula from being used to 41
6767 indoctrinate or persuade students in a manner 42
6868 inconsistent with certain principles or state academic 43
6969 standards; conforming cross -references to changes made 44
7070 by the act; requiring the State Board of Education to 45
7171 adopt a specified curriculum to be made available to 46
7272 schools for a certain purpose; amending s. 1006.31, 47
7373 F.S.; prohibiting instructional materials reviewers 48
7474 from recommending instructional materials that contain 49
7575 any matter that contradicts certain principles; 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 amending s. 1012.98, F.S.; requiring the Department of 51
8989 Education to review school district professional 52
9090 development systems for compliance with certain 53
9191 provisions of law; amending ss. 1002.20 and 1006.40, 54
9292 F.S.; conforming cross -references; providing an 55
9393 effective date. 56
9494 57
9595 Be It Enacted by the Legislature of t he State of Florida: 58
9696 59
9797 Section 1. Subsections (8) through (10) of section 760.10, 60
9898 Florida Statutes, are renumbered as subsections (9) through 61
9999 (11), respectively, and a new subsection (8) is added to that 62
100100 section, to read: 63
101101 760.10 Unlawful employment pr actices.— 64
102102 (8)(a) Subjecting any individual, as a condition of 65
103103 employment, membership, certification, licensing, credentialing, 66
104104 or passing an examination, to training, instruction, or any 67
105105 other required activity that espouses, promotes, advances, 68
106106 inculcates, or compels such individual to believe any of the 69
107107 following concepts constitutes discrimination based on race, 70
108108 color, sex, or national origin under this section: 71
109109 1. Members of one race, color, sex, or national origin are 72
110110 morally superior to members of another race, color, sex, or 73
111111 national origin. 74
112112 2. An individual, by virtue of his or her race, color, 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 sex, or national origin, is inherently racist, sexist, or 76
126126 oppressive, whether consciously or unconsciously. 77
127127 3. An individual's moral character or stat us as either 78
128128 privileged or oppressed is necessarily determined by his or her 79
129129 race, color, sex, or national origin. 80
130130 4. Members of one race, color, sex, or national origin 81
131131 cannot and should not attempt to treat others without respect to 82
132132 race, color, sex, or national origin. 83
133133 5. An individual, by virtue of his or her race, color, 84
134134 sex, or national origin, bears responsibility for, or should be 85
135135 discriminated against or receive adverse treatment because of, 86
136136 actions committed in the past by other members of the same race, 87
137137 color, sex, or national origin. 88
138138 6. An individual, by virtue of his or her race, color, 89
139139 sex, or national origin, should be discriminated against or 90
140140 receive adverse treatment to achieve diversity, equity, or 91
141141 inclusion. 92
142142 7. An individual, by vi rtue of his or her race, color, 93
143143 sex, or national origin, bears personal responsibility for and 94
144144 must feel guilt, anguish, or other forms of psychological 95
145145 distress because of actions, in which the individual played no 96
146146 part, committed in the past by other mem bers of the same race, 97
147147 color, sex, or national origin. 98
148148 8. Such virtues as merit, excellence, hard work, fairness, 99
149149 neutrality, objectivity, and racial colorblindness are racist or 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 sexist, or were created by members of a particular race, color, 101
163163 sex, or national origin to oppress members of another race, 102
164164 color, sex, or national origin. 103
165165 (b) Paragraph (a) may not be construed to prohibit 104
166166 discussion of the concepts listed therein as part of a course of 105
167167 training or instruction, provided such training or instru ction 106
168168 is given in an objective manner without endorsement of the 107
169169 concepts. 108
170170 Section 2. Subsections (4) through (8) of section 1000.05, 109
171171 Florida Statutes, are renumbered as subsections (5) through (9), 110
172172 respectively, subsections (2) and (3), present subsection (4), 111
173173 and paragraph (d) of present subsection (6) are amended, and a 112
174174 new subsection (4) is added to that section, to read: 113
175175 1000.05 Discrimination against students and employees in 114
176176 the Florida K-20 public education system prohibited; equality of 115
177177 access required.— 116
178178 (2)(a) Discrimination on the basis of race, color 117
179179 ethnicity, national origin, sex gender, disability, religion, or 118
180180 marital status against a student or an employee in the state 119
181181 system of public K-20 education is prohibited. No person in this 120
182182 state shall, on the basis of race, color ethnicity, national 121
183183 origin, sex gender, disability, religion, or marital status, be 122
184184 excluded from participation in, be denied the benefits of, or be 123
185185 subjected to discrimination under any public K -20 education 124
186186 program or activity, or in any employment conditions or 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 practices, conducted by a public educational institution that 126
200200 receives or benefits from federal or state financial assistance. 127
201201 (b) The criteria for admission to a program or course 128
202202 shall not have the effect of restricting access by persons of a 129
203203 particular race, color ethnicity, national origin, sex gender, 130
204204 disability, religion, or marital status. 131
205205 (c) All public K-20 education classes shall be available 132
206206 to all students without regard to race, color ethnicity, 133
207207 national origin, sex gender, disability, religion, or marital 134
208208 status; however, this is not intended to eliminate the provision 135
209209 of programs designed to meet the needs of students with limited 136
210210 proficiency in English, gifted students, or students w ith 137
211211 disabilities or programs tailored to students with specialized 138
212212 talents or skills. 139
213213 (d) Students may be separated by sex gender for a single-140
214214 gender program as provided under s. 1002.311, for any portion of 141
215215 a class that deals with human reproduction, or during 142
216216 participation in bodily contact sports. For the purpose of this 143
217217 section, bodily contact sports include wrestling, boxing, rugby, 144
218218 ice hockey, football, basketball, and other sports in which the 145
219219 purpose or major activity involves bodily contact. 146
220220 (e) Guidance services, counseling services, and financial 147
221221 assistance services in the state public K -20 education system 148
222222 shall be available to students equally. Guidance and counseling 149
223223 services, materials, and promotional events shall stress access 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 to academic and career opportunities for students without regard 151
237237 to race, color ethnicity, national origin, sex gender, 152
238238 disability, religion, or marital status. 153
239239 (3)(a) No person shall, on the basis of sex gender, be 154
240240 excluded from participating in, be denied the be nefits of, or be 155
241241 treated differently from another person or otherwise be 156
242242 discriminated against in any interscholastic, intercollegiate, 157
243243 club, or intramural athletics offered by a public K -20 158
244244 educational institution; and no public K -20 educational 159
245245 institution shall provide athletics separately on such basis. 160
246246 (b) Notwithstanding the requirements of paragraph (a), a 161
247247 public K-20 educational institution may operate or sponsor 162
248248 separate teams for members of each sex gender if the selection 163
249249 for such teams is based upon competitive skill or the activity 164
250250 involved is a bodily contact sport. However, when a public K -20 165
251251 educational institution operates or sponsors a team in a 166
252252 particular sport for members of one sex gender but does not 167
253253 operate or sponsor such a team for members of the other sex 168
254254 gender, and athletic opportunities for that sex gender have 169
255255 previously been limited, members of the excluded sex gender must 170
256256 be allowed to try out for the team offered. 171
257257 (c) This subsection does not prohibit the grouping of 172
258258 students in physical education classes and activities by ability 173
259259 as assessed by objective standards of individual performance 174
260260 developed and applied without regard to sex gender. However, 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 when use of a single standard of m easuring skill or progress in 176
274274 a physical education class has an adverse effect on members of 177
275275 one sex gender, the educational institution shall use 178
276276 appropriate standards which do not have such effect. 179
277277 (d) A public K-20 educational institution which operat es 180
278278 or sponsors interscholastic, intercollegiate, club, or 181
279279 intramural athletics shall provide equal athletic opportunity 182
280280 for members of both sexes genders. 183
281281 1. The Board of Governors shall determine whether equal 184
282282 opportunities are available at state univer sities. 185
283283 2. The Commissioner of Education shall determine whether 186
284284 equal opportunities are available in school districts and 187
285285 Florida College System institutions. In determining whether 188
286286 equal opportunities are available in school districts and 189
287287 Florida College System institutions, the Commissioner of 190
288288 Education shall consider, among other factors: 191
289289 a. Whether the selection of sports and levels of 192
290290 competition effectively accommodate the interests and abilities 193
291291 of members of both sexes genders. 194
292292 b. The provision of equipment and supplies. 195
293293 c. Scheduling of games and practice times. 196
294294 d. Travel and per diem allowances. 197
295295 e. Opportunities to receive coaching and academic 198
296296 tutoring. 199
297297 f. Assignment and compensation of coaches and tutors. 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 g. Provision of locker r oom, practice, and competitive 201
311311 facilities. 202
312312 h. Provision of medical and training facilities and 203
313313 services. 204
314314 i. Provision of housing and dining facilities and 205
315315 services. 206
316316 j. Publicity. 207
317317 208
318318 Unequal aggregate expenditures for members of each sex gender or 209
319319 unequal expenditures for male and female teams if a public 210
320320 school or Florida College System institution operates or 211
321321 sponsors separate teams do not constitute nonimplementation of 212
322322 this subsection, but the Commissioner of Education shall 213
323323 consider the failure to p rovide necessary funds for teams for 214
324324 one sex gender in assessing equality of opportunity for members 215
325325 of each sex gender. 216
326326 (e) A public school or Florida College System institution 217
327327 may provide separate toilet, locker room, and shower facilities 218
328328 on the basis of gender, but such facilities shall be comparable 219
329329 to such facilities provided for students of the other sex 220
330330 gender. 221
331331 (4)(a) It shall constitute discrimination on the basis of 222
332332 race, color, national origin, or sex under this section to 223
333333 subject any student or employee to training or instruction that 224
334334 espouses, promotes, advances, inculcates, or compels such 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 student or employee to believe any of the following concepts: 226
348348 1. Members of one race, color, national origin, or sex are 227
349349 morally superior to members o f another race, color, national 228
350350 origin, or sex. 229
351351 2. A person, by virtue of his or her race, color, national 230
352352 origin, or sex is inherently racist, sexist, or oppressive, 231
353353 whether consciously or unconsciously. 232
354354 3. A person's moral character or status as either 233
355355 privileged or oppressed is necessarily determined by his or her 234
356356 race, color, national origin, or sex. 235
357357 4. Members of one race, color, national origin, or sex 236
358358 cannot and should not attempt to treat others without respect to 237
359359 race, color, national ori gin, or sex. 238
360360 5. A person, by virtue of his or her race, color, national 239
361361 origin, or sex bears responsibility for, or should be 240
362362 discriminated against or receive adverse treatment because of, 241
363363 actions committed in the past by other members of the same race, 242
364364 color, national origin, or sex. 243
365365 6. A person, by virtue of his or her race, color, national 244
366366 origin, or sex should be discriminated against or receive 245
367367 adverse treatment to achieve diversity, equity, or inclusion. 246
368368 7. A person, by virtue of his or her race , color, sex, or 247
369369 national origin, bears personal responsibility for and must feel 248
370370 guilt, anguish, or other forms of psychological distress because 249
371371 of actions, in which the person played no part, committed in the 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 past by other members of the same race, colo r, national origin, 251
385385 or sex. 252
386386 8. Such virtues as merit, excellence, hard work, fairness, 253
387387 neutrality, objectivity, and racial colorblindness are racist or 254
388388 sexist, or were created by members of a particular race, color, 255
389389 national origin, or sex to oppress me mbers of another race, 256
390390 color, national origin, or sex. 257
391391 (b) Paragraph (a) may not be construed to prohibit 258
392392 discussion of the concepts listed therein as part of a larger 259
393393 course of training or instruction, provided such training or 260
394394 instruction is given in a n objective manner without endorsement 261
395395 of the concepts. 262
396396 (5)(4) Public schools and Florida College System 263
397397 institutions shall develop and implement methods and strategies 264
398398 to increase the participation of students of a particular race, 265
399399 color ethnicity, national origin, sex gender, disability, or 266
400400 marital status in programs and courses in which students of that 267
401401 particular race, color ethnicity, national origin, sex gender, 268
402402 disability, or marital status have been traditionally 269
403403 underrepresented, including, but not limited to, mathematics, 270
404404 science, computer technology, electronics, communications 271
405405 technology, engineering, and career education. 272
406406 (7)(6) The functions of the Office of Equal Educational 273
407407 Opportunity of the Department of Education shall include, but 274
408408 are not limited to: 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421421 (d) Conducting studies of the effectiveness of methods and 276
422422 strategies designed to increase the participation of students in 277
423423 programs and courses in which students of a particular race, 278
424424 color ethnicity, national origin, sex gender, disability, or 279
425425 marital status have been traditionally underrepresented and 280
426426 monitoring the success of students in such programs or courses, 281
427427 including performing followup monitoring. 282
428428 Section 3. Subsection (3) of section 1003.42, Florida 283
429429 Statutes, is renumbere d as subsection (5), paragraph (b) of 284
430430 subsection (1) and subsection (2) are amended, and a new 285
431431 subsection (3) and subsection (4) are added to that section, to 286
432432 read: 287
433433 1003.42 Required instruction. — 288
434434 (1) 289
435435 (b) All instructional materials, as defined in s. 290
436436 1006.29(2), used to teach reproductive health or any disease, 291
437437 including HIV/AIDS, its symptoms, development, and treatment, as 292
438438 part of the courses referenced in subsection (5) (3), must be 293
439439 annually approved by a district school board in an open, noticed 294
440440 public meeting. 295
441441 (2) Members of the instructional staff of the public 296
442442 schools, subject to the rules of the State Board of Education 297
443443 and the district school board, shall teach efficiently and 298
444444 faithfully, using the books and materials required that meet the 299
445445 highest standards for professionalism and historical accuracy, 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458458 following the prescribed courses of study, and employing 301
459459 approved methods of instruction, the following: 302
460460 (a) The history and content of the Declaration of 303
461461 Independence, including national sover eignty, natural law, self -304
462462 evident truth, equality of all persons, limited government, 305
463463 popular sovereignty, and inalienable rights of life, liberty, 306
464464 and property, and how they form the philosophical foundation of 307
465465 our government. 308
466466 (b) The history, meaning, significance, and effect of the 309
467467 provisions of the Constitution of the United States and 310
468468 amendments thereto, with emphasis on each of the 10 amendments 311
469469 that make up the Bill of Rights and how the constitution 312
470470 provides the structure of our government. 313
471471 (c) The arguments in support of adopting our republican 314
472472 form of government, as they are embodied in the most important 315
473473 of the Federalist Papers. 316
474474 (d) Flag education, including proper flag display and flag 317
475475 salute. 318
476476 (e) The elements of civil government, includ ing the 319
477477 primary functions of and interrelationships between the Federal 320
478478 Government, the state, and its counties, municipalities, school 321
479479 districts, and special districts. 322
480480 (f) The history of the United States, including the period 323
481481 of discovery, early colon ies, the War for Independence, the 324
482482 Civil War, the expansion of the United States to its present 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495495 boundaries, the world wars, and the civil rights movement to the 326
496496 present. American history shall be viewed as factual, not as 327
497497 constructed, shall be viewed as kn owable, teachable, and 328
498498 testable, and shall be defined as the creation of a new nation 329
499499 based largely on the universal principles stated in the 330
500500 Declaration of Independence. 331
501501 (g)1. The history of the Holocaust (1933 -1945), the 332
502502 systematic, planned annihilatio n of European Jews and other 333
503503 groups by Nazi Germany, a watershed event in the history of 334
504504 humanity, to be taught in a manner that leads to an 335
505505 investigation of human behavior, an understanding of the 336
506506 ramifications of prejudice, racism, and stereotyping, and an 337
507507 examination of what it means to be a responsible and respectful 338
508508 person, for the purposes of encouraging tolerance of diversity 339
509509 in a pluralistic society and for nurturing and protecting 340
510510 democratic values and institutions, including the policy, 341
511511 definition, and historical and current examples of anti -342
512512 Semitism, as described in s. 1000.05(8) s. 1000.05(7), and the 343
513513 prevention of anti-Semitism. Each school district must annually 344
514514 certify and provide evidence to the department, in a manner 345
515515 prescribed by the depar tment, that the requirements of this 346
516516 paragraph are met. The department shall prepare and offer 347
517517 standards and curriculum for the instruction required by this 348
518518 paragraph and may seek input from the Commissioner of 349
519519 Education's Task Force on Holocaust Education or from any state 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532532 or nationally recognized Holocaust educational organizations. 351
533533 The department may contract with any state or nationally 352
534534 recognized Holocaust educational organizations to develop 353
535535 training for instructional personnel and grade -appropriate 354
536536 classroom resources to support the developed curriculum. 355
537537 2. The second week in November shall be designated as 356
538538 "Holocaust Education Week" in this state in recognition that 357
539539 November is the anniversary of Kristallnacht, widely recognized 358
540540 as a precipitating event that led to the Holocaust. 359
541541 (h) The history of African Americans, including the 360
542542 history of African peoples before the political conflicts that 361
543543 led to the development of slavery, the passage to America, the 362
544544 enslavement experience, abolition, and the history and 363
545545 contributions of African Americans of the African diaspora to 364
546546 society. Students shall develop an understanding of the 365
547547 ramifications of prejudice, racism, and stereotyping on 366
548548 individual freedoms, and examine what it means to be a 367
549549 responsible and respectful person, for the purpose of 368
550550 encouraging tolerance of diversity in a pluralistic society and 369
551551 for nurturing and protecting democratic values and institutions. 370
552552 Instruction shall include the roles and contributions of 371
553553 individuals from all walks of l ife and their endeavors to learn 372
554554 and thrive throughout history as artists, scientists, educators, 373
555555 businesspeople, influential thinkers, members of the faith 374
556556 community, and political and governmental leaders and the 375
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566566
567567
568568
569569 courageous steps they took to fulfill the promise of democracy 376
570570 and unite the nation. Instructional materials shall include the 377
571571 vital contributions of African Americans to build and strengthen 378
572572 American society and celebrate the inspirational stories of 379
573573 African Americans who prospered, even in the most difficult 380
574574 circumstances. Instructional personnel may facilitate 381
575575 discussions and use curricula to address, in an age -appropriate 382
576576 manner, how the individual freedoms of persons have been 383
577577 infringed by slavery, racial oppression, racial segregation, and 384
578578 racial discrimination, as well as topics relating to the 385
579579 enactment and enforcement of laws resulting in racial 386
580580 oppression, racial segregation, and racial discrimination and 387
581581 how recognition of these freedoms has overturned these unjust 388
582582 laws. However, classro om instruction and curriculum may not be 389
583583 used to indoctrinate or persuade students to a particular point 390
584584 of view inconsistent with the principles enumerated in 391
585585 subsection (3) or the state academic standards. The department 392
586586 shall prepare and offer standards and curriculum for the 393
587587 instruction required by this paragraph and may seek input from 394
588588 the Commissioner of Education's African American History Task 395
589589 Force. 396
590590 (i) The elementary principles of agriculture. 397
591591 (j) The true effects of all alcoholic and intoxica ting 398
592592 liquors and beverages and narcotics upon the human body and 399
593593 mind. 400
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603603
604604
605605
606606 (k) Kindness to animals. 401
607607 (l) The history of the state. 402
608608 (m) The conservation of natural resources. 403
609609 (n)1. Comprehensive age-appropriate and developmentally 404
610610 appropriate K-12 instruction on: health education that addresses 405
611611 1. Health education that addresses concepts of community 406
612612 health, consumer health, environmental health, and family life, 407
613613 including: 408
614614 a. Mental and emotional health. 409
615615 a.b. Injury prevention and safety. 410
616616 b.c. Internet safety. 411
617617 c.d. Nutrition. 412
618618 d.e. Personal health. 413
619619 e.f. Prevention and control of disease. 414
620620 f.g. Substance use and abuse. 415
621621 g.h. Prevention of child sexual abuse, exploitation, and 416
622622 human trafficking. 417
623623 2. The health education curriculum For students in grades 418
624624 7 through 12, shall include a teen dating violence and abuse . 419
625625 This component must include that includes, but is not be limited 420
626626 to, the definition of dating violence and abuse, the warning 421
627627 signs of dating violence and abusive behavior, the 422
628628 characteristics of healthy relationships, measures to prevent 423
629629 and stop dating violence and abuse, and community resources 424
630630 available to victims of dating violence and abuse. 425
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639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640640
641641
642642
643643 3. The health education curriculum For students in grades 426
644644 6 through 12, shall include an awareness of the benefits of 427
645645 sexual abstinence as the expected standard and the consequences 428
646646 of teenage pregnancy. 429
647647 4. Life skills that build confidence, support mental and 430
648648 emotional health, and enable students to overcome challenges, 431
649649 including: 432
650650 a. Self-awareness and self-management. 433
651651 b. Responsible decisionmaking. 434
652652 c. Resiliency. 435
653653 d. Relationship skills and conflict resolut ion. 436
654654 e. Understanding and respecting other viewpoints and 437
655655 backgrounds. 438
656656 f. For grades 9 through 12, developing leadership skills, 439
657657 interpersonal skills, organization skills, and research skills; 440
658658 creating a resume, including a digital resume; exploring ca reer 441
659659 pathways; using state career planning resources; developing and 442
660660 practicing the skills necessary for employment interviews; 443
661661 workplace ethics and workplace law; managing stress and 444
662662 expectations; and self -motivation. 445
663663 446
664664 Health education and life skills ins truction and materials may 447
665665 not contradict the principles enumerated in subsection (3). 448
666666 (o) Such additional materials, subjects, courses, or 449
667667 fields in such grades as are prescribed by law or by rules of 450
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676676 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677677
678678
679679
680680 the State Board of Education and the district school board in 451
681681 fulfilling the requirements of law. 452
682682 (p) The study of Hispanic contributions to the United 453
683683 States. 454
684684 (q) The study of women's contributions to the United 455
685685 States. 456
686686 (r) The nature and importance of free enterprise to the 457
687687 United States economy. 458
688688 (s) Civic and character education on A character 459
689689 development program in the elementary schools, similar to 460
690690 Character First or Character Counts, which is secular in nature. 461
691691 Beginning in school year 2004 -2005, the character development 462
692692 program shall be requi red in kindergarten through grade 12. Each 463
693693 district school board shall develop or adopt a curriculum for 464
694694 the character development program that shall be submitted to the 465
695695 department for approval. 466
696696 1. The character development curriculum shall stress the 467
697697 qualities and responsibilities of patriotism and; 468
698698 responsibility; citizenship, including,; kindness; respect for 469
699699 authority, life, liberty, and personal property; honesty; 470
700700 charity; self-control; racial, ethnic, and religious tolerance; 471
701701 and cooperation and,. 472
702702 2. The character development curriculum for grades 9 473
703703 through 12 shall, at a minimum, include instruction on 474
704704 developing leadership skills, interpersonal skills, organization 475
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713713 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714714
715715
716716
717717 skills, and research skills; creating a resume, including a 476
718718 digital resume; explor ing career pathways; using state career 477
719719 planning resources; developing and practicing the skills 478
720720 necessary for employment interviews; conflict resolution, 479
721721 workplace ethics, and workplace law; managing stress and 480
722722 expectations; and developing skills that ena ble students to 481
723723 become more resilient and self -motivated. 482
724724 3. The character development curriculum for grades 11 and 483
725725 12, shall include instruction on voting using the uniform 484
726726 primary and general election ballot described in s. 101.151(9). 485
727727 (t) In order to encourage patriotism, the sacrifices that 486
728728 veterans and Medal of Honor recipients have made in serving our 487
729729 country and protecting democratic values worldwide. Such 488
730730 instruction must occur on or before Medal of Honor Day, 489
731731 Veterans' Day, and Memorial Day. M embers of the instructional 490
732732 staff are encouraged to use the assistance of local veterans and 491
733733 Medal of Honor recipients when practicable. 492
734734 493
735735 The State Board of Education is encouraged to adopt standards 494
736736 and pursue assessment of the requirements of this subsec tion. 495
737737 Instructional programming A character development program that 496
738738 incorporates the values of the recipients of the Congressional 497
739739 Medal of Honor and that is offered as part of a social studies, 498
740740 English Language Arts, or other schoolwide character buildin g 499
741741 and veteran awareness initiative meets the requirements of 500
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750750 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751751
752752
753753
754754 paragraph (t) paragraphs (s) and (t) . 501
755755 (3) The Legislature acknowledges the fundamental truth 502
756756 that all persons are equal before the law and have inalienable 503
757757 rights. Accordingly, instruction and supporting materials on the 504
758758 topics enumerated in this section must be consistent with the 505
759759 following principles of individual freedom: 506
760760 (a) No person is inherently racist, sexist, or oppressive, 507
761761 whether consciously or unconsciously, solely by virtue of his or 508
762762 her race or sex. 509
763763 (b) No race is inherently superior to another race. 510
764764 (c) No person should be discriminated against or receive 511
765765 adverse treatment solely or partly on the basis of race, color, 512
766766 national origin, religion, disability, or sex. 513
767767 (d) Meritocracy or traits such as a hard work ethic are 514
768768 not racist but fundamental to the right to pursue happiness and 515
769769 be rewarded for industry. 516
770770 (e) A person, by virtue of his or her race or sex, does 517
771771 not bear responsibility for actions committed in the past by 518
772772 other members of the same race or sex. 519
773773 (f) A person should not be instructed that he or she must 520
774774 feel guilt, anguish, or other forms of psychological distress 521
775775 for actions, in which he or she played no part, committed in the 522
776776 past by other members of the s ame race or sex. 523
777777 524
778778 Instructional personnel may facilitate discussions and use 525
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787787 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788788
789789
790790
791791 curricula to address, in an age -appropriate manner, how the 526
792792 freedoms of persons have been infringed by sexism, slavery, 527
793793 racial oppression, racial segregation, and racial 528
794794 discrimination, including topics relating to the enactment and 529
795795 enforcement of laws resulting in sexism, racial oppression, 530
796796 racial segregation, and racial discrimination, including how 531
797797 recognition of these freedoms have overturned these unjust laws. 532
798798 However, classroom instruction and curriculum may not be used to 533
799799 indoctrinate or persuade students to a particular point of view 534
800800 inconsistent with the principles of this subsection or state 535
801801 academic standards. 536
802802 (4) The State Board of Education shall develop or adopt a 537
803803 curriculum to inspire future generations through motivating 538
804804 stories of American history that demonstrate important life 539
805805 skills and the principles of individual freedom that enabled 540
806806 persons to prosper even in the most difficult circumstances. 541
807807 This curriculum shall be known as "Stories of Inspiration" and 542
808808 made available to schools to implement the requirements of 543
809809 subsection (3). 544
810810 Section 4. Paragraph (d) of subsection (2) of section 545
811811 1006.31, Florida Statutes, is amended to read: 546
812812 1006.31 Duties of the Depar tment of Education and school 547
813813 district instructional materials reviewer. —The duties of the 548
814814 instructional materials reviewer are: 549
815815 (2) EVALUATION OF INSTRUCTIONAL MATERIALS. —To use the 550
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824824 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825825
826826
827827
828828 selection criteria listed in s. 1006.34(2)(b) and recommend for 551
829829 adoption only those instructional materials aligned with the 552
830830 Next Generation Sunshine State Standards provided for in s. 553
831831 1003.41. Instructional materials recommended by each reviewer 554
832832 shall be, to the satisfaction of each reviewer, accurate, 555
833833 objective, balanced, n oninflammatory, current, free of 556
834834 pornography and material prohibited under s. 847.012, and suited 557
835835 to student needs and their ability to comprehend the material 558
836836 presented. Reviewers shall consider for recommendation materials 559
837837 developed for academically tale nted students, such as students 560
838838 enrolled in advanced placement courses. When recommending 561
839839 instructional materials, each reviewer shall: 562
840840 (d) Require, when appropriate to the comprehension of 563
841841 students, that materials for social science, history, or civics 564
842842 classes contain the Declaration of Independence and the 565
843843 Constitution of the United States. A reviewer may not recommend 566
844844 any instructional materials that contain any matter reflecting 567
845845 unfairly upon persons because of their race, color, creed, 568
846846 national origin, ancestry, gender, religion, disability, 569
847847 socioeconomic status, or occupation or otherwise contradict the 570
848848 principles enumerated under s. 1003.42(3) . 571
849849 Section 5. Paragraph (b) of subsection (4) of section 572
850850 1012.98, Florida Statutes, is amended to read: 573
851851 1012.98 School Community Professional Development Act. — 574
852852 (4) The Department of Education, school districts, 575
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861861 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862862
863863
864864
865865 schools, Florida College System institutions, and state 576
866866 universities share the responsibilities described in this 577
867867 section. These responsibilities include the following: 578
868868 (b) Each school district shall develop a professional 579
869869 development system as specified in subsection (3). The system 580
870870 shall be developed in consultation with teachers, teacher -581
871871 educators of Florida College System institutions and stat e 582
872872 universities, business and community representatives, and local 583
873873 education foundations, consortia, and professional 584
874874 organizations. The professional development system must: 585
875875 1. Be reviewed and approved by the department for 586
876876 compliance with s. 1003.42(3) and this section. All substantial 587
877877 revisions to the system shall be submitted to the department for 588
878878 review for continued approval. 589
879879 2. Be based on analyses of student achievement data and 590
880880 instructional strategies and methods that support rigorous, 591
881881 relevant, and challenging curricula for all students. Schools 592
882882 and districts, in developing and refining the professional 593
883883 development system, shall also review and monitor school 594
884884 discipline data; school environment surveys; assessments of 595
885885 parental satisfaction; per formance appraisal data of teachers, 596
886886 managers, and administrative personnel; and other performance 597
887887 indicators to identify school and student needs that can be met 598
888888 by improved professional performance. 599
889889 3. Provide inservice activities coupled with followup 600
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898898 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899899
900900
901901
902902 support appropriate to accomplish district -level and school-601
903903 level improvement goals and standards. The inservice activities 602
904904 for instructional personnel shall focus on analysis of student 603
905905 achievement data, ongoing formal and informal assessments of 604
906906 student achievement, identification and use of enhanced and 605
907907 differentiated instructional strategies that emphasize rigor, 606
908908 relevance, and reading in the content areas, enhancement of 607
909909 subject content expertise, integrated use of classroom 608
910910 technology that enhances t eaching and learning, classroom 609
911911 management, parent involvement, and school safety. 610
912912 4. Provide inservice activities and support targeted to 611
913913 the individual needs of new teachers participating in the 612
914914 professional development certification and education comp etency 613
915915 program under s. 1012.56(8)(a). 614
916916 5. Include a master plan for inservice activities, 615
917917 pursuant to rules of the State Board of Education, for all 616
918918 district employees from all fund sources. The master plan shall 617
919919 be updated annually by September 1, must be based on input from 618
920920 teachers and district and school instructional leaders, and must 619
921921 use the latest available student achievement data and research 620
922922 to enhance rigor and relevance in the classroom. Each district 621
923923 inservice plan must be aligned to and supp ort the school-based 622
924924 inservice plans and school improvement plans pursuant to s. 623
925925 1001.42(18). Each district inservice plan must provide a 624
926926 description of the training that middle grades instructional 625
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935935 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936936
937937
938938
939939 personnel and school administrators receive on the distri ct's 626
940940 code of student conduct adopted pursuant to s. 1006.07; 627
941941 integrated digital instruction and competency -based instruction 628
942942 and CAPE Digital Tool certificates and CAPE industry 629
943943 certifications; classroom management; student behavior and 630
944944 interaction; extended learning opportunities for students; and 631
945945 instructional leadership. District plans must be approved by the 632
946946 district school board annually in order to ensure compliance 633
947947 with subsection (1) and to allow for dissemination of research -634
948948 based best practices to other districts. District school boards 635
949949 must submit verification of their approval to the Commissioner 636
950950 of Education no later than October 1, annually. Each school 637
951951 principal may establish and maintain an individual professional 638
952952 development plan for each in structional employee assigned to the 639
953953 school as a seamless component to the school improvement plans 640
954954 developed pursuant to s. 1001.42(18). An individual professional 641
955955 development plan must be related to specific performance data 642
956956 for the students to whom the teacher is assigned, define the 643
957957 inservice objectives and specific measurable improvements 644
958958 expected in student performance as a result of the inservice 645
959959 activity, and include an evaluation component that determines 646
960960 the effectiveness of the professional devel opment plan. 647
961961 6. Include inservice activities for school administrative 648
962962 personnel that address updated skills necessary for 649
963963 instructional leadership and effective school management 650
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972972 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973973
974974
975975
976976 pursuant to s. 1012.986. 651
977977 7. Provide for systematic consultation with reg ional and 652
978978 state personnel designated to provide technical assistance and 653
979979 evaluation of local professional development programs. 654
980980 8. Provide for delivery of professional development by 655
981981 distance learning and other technology -based delivery systems to 656
982982 reach more educators at lower costs. 657
983983 9. Provide for the continuous evaluation of the quality 658
984984 and effectiveness of professional development programs in order 659
985985 to eliminate ineffective programs and strategies and to expand 660
986986 effective ones. Evaluations must consider the impact of such 661
987987 activities on the performance of participating educators and 662
988988 their students' achievement and behavior. 663
989989 10. For middle grades, emphasize: 664
990990 a. Interdisciplinary planning, collaboration, and 665
991991 instruction. 666
992992 b. Alignment of curric ulum and instructional materials to 667
993993 the state academic standards adopted pursuant to s. 1003.41. 668
994994 c. Use of small learning communities; problem -solving, 669
995995 inquiry-driven research and analytical approaches for students; 670
996996 strategies and tools based on student needs; competency-based 671
997997 instruction; integrated digital instruction; and project -based 672
998998 instruction. 673
999999 674
10001000 Each school that includes any of grades 6, 7, or 8 must include 675
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10091009 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10101010
10111011
10121012
10131013 in its school improvement plan, required under s. 1001.42(18), a 676
10141014 description of the specifi c strategies used by the school to 677
10151015 implement each item listed in this subparagraph. 678
10161016 11. Provide training to reading coaches, classroom 679
10171017 teachers, and school administrators in effective methods of 680
10181018 identifying characteristics of conditions such as dyslexia and 681
10191019 other causes of diminished phonological processing skills; 682
10201020 incorporating instructional techniques into the general 683
10211021 education setting which are proven to improve reading 684
10221022 performance for all students; and using predictive and other 685
10231023 data to make instructi onal decisions based on individual student 686
10241024 needs. The training must help teachers integrate phonemic 687
10251025 awareness; phonics, word study, and spelling; reading fluency; 688
10261026 vocabulary, including academic vocabulary; and text 689
10271027 comprehension strategies into an explici t, systematic, and 690
10281028 sequential approach to reading instruction, including 691
10291029 multisensory intervention strategies. Each district must provide 692
10301030 all elementary grades instructional personnel access to training 693
10311031 sufficient to meet the requirements of s. 1012.585(3) (f). 694
10321032 Section 6. Paragraph (d) of subsection (3) of section 695
10331033 1002.20, Florida Statutes, is amended to read: 696
10341034 1002.20 K-12 student and parent rights. —Parents of public 697
10351035 school students must receive accurate and timely information 698
10361036 regarding their child's a cademic progress and must be informed 699
10371037 of ways they can help their child to succeed in school. K -12 700
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10461046 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10471047
10481048
10491049
10501050 students and their parents are afforded numerous statutory 701
10511051 rights including, but not limited to, the following: 702
10521052 (3) HEALTH ISSUES.— 703
10531053 (d) Reproductive health and disease education. —A public 704
10541054 school student whose parent makes written request to the school 705
10551055 principal shall be exempted from the teaching of reproductive 706
10561056 health or any disease, including HIV/AIDS, in accordance with s. 707
10571057 1003.42(5) s. 1003.42(3). Each school district shall, on the 708
10581058 district's website homepage, notify parents of this right and 709
10591059 the process to request an exemption. The homepage must include a 710
10601060 link for a student's parent to access and review the 711
10611061 instructional materials, as defined in s. 100 6.29(2), used to 712
10621062 teach the curriculum. 713
10631063 Section 7. Paragraph (b) of subsection (4) of section 714
10641064 1006.40, Florida Statutes, is amended to read: 715
10651065 1006.40 Use of instructional materials allocation; 716
10661066 instructional materials, library books, and reference books ; 717
10671067 repair of books.— 718
10681068 (4) Each district school board is responsible for the 719
10691069 content of all materials used in a classroom or otherwise made 720
10701070 available to students. Each district school board shall adopt 721
10711071 rules, and each district school superintendent shall im plement 722
10721072 procedures, that: 723
10731073 (b) Provide a process for public review of, public comment 724
10741074 on, and the adoption of instructional materials, including 725
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10831083 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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10871087 instructional materials used to teach reproductive health or any 726
10881088 disease, including HIV/AIDS, under ss. 1003.42(5) and 1003.46 727
10891089 ss. 1003.42(3) and 1003.46 , which satisfies the requirements of 728
10901090 s. 1006.283(2)(b)8., 9., and 11. 729
10911091 Section 8. This act shall take effect July 1, 2022. 730