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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
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
authorizing instructional personnel to facilitate 20
discussions and use curricula to address, in an age -21
appropriate manner, specified topics; prohibiting 22
classroom instruction and curricula from being used to 23
indoctrinate or persuade students in a manner 24
inconsistent with certain principles or state academic 25
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standards; requiring the department to prepare and 26
offer certain standards and curriculum; authorizing 27
the department to seek input from a specified 28
organization for certain purposes; revising the 29
requirements for required instruction on health 30
education; requiring such instruction to comport with 31
certain principles and include certain life skills; 32
requiring civic and character education instead of a 33
character development program; providing the 34
requirements of such education; providing legislative 35
findings; requiring instruction to be consistent with 36
specified principles of individual freedom; 37
authorizing instructional personnel to facilitate 38
discussions and use curricula to address, in an age -39
appropriate manner, specified topics; prohibiting 40
classroom instruction and curricula from being used to 41
indoctrinate or persuade students in a manner 42
inconsistent with certain principles or state academic 43
standards; conforming cross -references to changes made 44
by the act; requiring the State Board of Education to 45
adopt a specified curriculum to be made available to 46
schools for a certain purpose; amending s. 1006.31, 47
F.S.; prohibiting instructional materials reviewers 48
from recommending instructional materials that cont ain 49
any matter that contradicts certain principles; 50
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amending s. 1012.98, F.S.; requiring the Department of 51
Education to review school district professional 52
development systems for compliance with certain 53
provisions of law; amending ss. 1002.20 and 1006.40, 54
F.S.; conforming cross -references; providing an 55
effective date. 56
57
Be It Enacted by the Legislature of the State of Florida: 58
59
Section 1. Subsections (8) through (10) of section 760.10, 60
Florida Statutes, are renumbered as subsections (9) through 61
(11), respectively, and a new subsection (8) is added to that 62
section, to read: 63
760.10 Unlawful employment practices. — 64
(8)(a) Subjecting any individual, as a condition of 65
employment, membership, certification, licensing, credentialing, 66
or passing an examin ation, to training, instruction, or any 67
other required activity that espouses, promotes, advances, 68
inculcates, or compels such individual to believe any of the 69
following concepts constitutes discrimination based on race, 70
color, sex, or national origin unde r this section: 71
1. Members of one race, color, sex, or national origin are 72
morally superior to members of another race, color, sex, or 73
national origin. 74
2. An individual, by virtue of his or her race, color, 75
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sex, or national origin, is inherently racist , sexist, or 76
oppressive, whether consciously or unconsciously. 77
3. An individual's moral character or status as either 78
privileged or oppressed is necessarily determined by his or her 79
race, color, sex, or national origin. 80
4. Members of one race, color, s ex, or national origin 81
cannot and should not attempt to treat others without respect to 82
race, color, sex, or national origin. 83
5. An individual, by virtue of his or her race, color, 84
sex, or national origin, bears responsibility for, or should be 85
discriminated against or receive adverse treatment because of, 86
actions committed in the past by other members of the same race, 87
color, sex, or national origin. 88
6. An individual, by virtue of his or her race, color, 89
sex, or national origin, should be discriminated against or 90
receive adverse treatment to achieve diversity, equity, or 91
inclusion. 92
7. An individual, by virtue of his or her race, color, 93
sex, or national origin, bears personal responsibility for and 94
must feel guilt, anguish, or other forms of psychologi cal 95
distress because of actions, in which the individual played no 96
part, committed in the past by other members of the same race, 97
color, sex, or national origin. 98
8. Such virtues as merit, excellence, hard work, fairness, 99
neutrality, objectivity, and raci al colorblindness are racist or 100
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sexist, or were created by members of a particular race, color, 101
sex, or national origin to oppress members of another race, 102
color, sex, or national origin. 103
(b) Paragraph (a) may not be construed to prohibit 104
discussion of the concepts listed therein as part of a course of 105
training or instruction, provided such training or instruction 106
is given in an objective manner without endorsement of the 107
concepts. 108
Section 2. Subsections (4) through (8) of section 1000.05, 109
Florida Statutes, are renumbered as subsections (5) through (9), 110
respectively, subsections (2) and (3), present subsection (4), 111
and paragraph (d) of present subsection (6) are amended, and a 112
new subsection (4) is added to that section, to read: 113
1000.05 Discrimination against students and employees in 114
the Florida K-20 public education system prohibited; equality of 115
access required.— 116
(2)(a) Discrimination on the basis of race, color 117
ethnicity, national origin, sex gender, disability, religion, or 118
marital status against a student or an employee in the state 119
system of public K-20 education is prohibited. No person in this 120
state shall, on the basis of race, color ethnicity, national 121
origin, sex gender, disability, religion, or marital status, be 122
excluded from participation in, be denied the benefits of, or be 123
subjected to discrimination under any public K -20 education 124
program or activity, or in any employment conditions or 125
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practices, conducted by a public educational institution that 126
receives or benefits from federal or state financial assistance. 127
(b) The criteria for admission to a program or course 128
shall not have the effect of restricting access by persons of a 129
particular race, color ethnicity, national origin, sex gender, 130
disability, religion, or marital s tatus. 131
(c) All public K-20 education classes shall be available 132
to all students without regard to race, color ethnicity, 133
national origin, sex gender, disability, religion, or marital 134
status; however, this is not intended to eliminate the provision 135
of programs designed to meet the needs of students with limited 136
proficiency in English, gifted students, or students with 137
disabilities or programs tailored to students with specialized 138
talents or skills. 139
(d) Students may be separated by sex gender for a single-140
gender program as provided under s. 1002.311, for any portion of 141
a class that deals with human reproduction, or during 142
participation in bodily contact sports. For the purpose of this 143
section, bodily contact sports include wrestling, boxing, rugby, 144
ice hockey, football, basketball, and other sports in which the 145
purpose or major activity involves bodily contact. 146
(e) Guidance services, counseling services, and financial 147
assistance services in the state public K -20 education system 148
shall be available to stud ents equally. Guidance and counseling 149
services, materials, and promotional events shall stress access 150
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to academic and career opportunities for students without regard 151
to race, color ethnicity, national origin, sex gender, 152
disability, religion, or marital s tatus. 153
(3)(a) No person shall, on the basis of sex gender, be 154
excluded from participating in, be denied the benefits of, or be 155
treated differently from another person or otherwise be 156
discriminated against in any interscholastic, intercollegiate, 157
club, or intramural athletics offered by a public K -20 158
educational institution; and no public K -20 educational 159
institution shall provide athletics separately on such basis. 160
(b) Notwithstanding the requirements of paragraph (a), a 161
public K-20 educational institution may operate or sponsor 162
separate teams for members of each sex gender if the selection 163
for such teams is based upon competitive skill or the activity 164
involved is a bodily contact sport. However, when a public K -20 165
educational institution operate s or sponsors a team in a 166
particular sport for members of one sex gender but does not 167
operate or sponsor such a team for members of the other sex 168
gender, and athletic opportunities for that sex gender have 169
previously been limited, members of the excluded sex gender must 170
be allowed to try out for the team offered. 171
(c) This subsection does not prohibit the grouping of 172
students in physical education classes and activities by ability 173
as assessed by objective standards of individual performance 174
developed and applied without regard to sex gender. However, 175
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when use of a single standard of measuring skill or progress in 176
a physical education class has an adverse effect on members of 177
one sex gender, the educational institution shall use 178
appropriate standards which d o not have such effect. 179
(d) A public K-20 educational institution which operates 180
or sponsors interscholastic, intercollegiate, club, or 181
intramural athletics shall provide equal athletic opportunity 182
for members of both sexes genders. 183
1. The Board of Gov ernors shall determine whether equal 184
opportunities are available at state universities. 185
2. The Commissioner of Education shall determine whether 186
equal opportunities are available in school districts and 187
Florida College System institutions. In determining whether 188
equal opportunities are available in school districts and 189
Florida College System institutions, the Commissioner of 190
Education shall consider, among other factors: 191
a. Whether the selection of sports and levels of 192
competition effectively accommodat e the interests and abilities 193
of members of both sexes genders. 194
b. The provision of equipment and supplies. 195
c. Scheduling of games and practice times. 196
d. Travel and per diem allowances. 197
e. Opportunities to receive coaching and academic 198
tutoring. 199
f. Assignment and compensation of coaches and tutors. 200
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g. Provision of locker room, practice, and competitive 201
facilities. 202
h. Provision of medical and training facilities and 203
services. 204
i. Provision of housing and dining facilities and 205
services. 206
j. Publicity. 207
208
Unequal aggregate expenditures for members of each sex gender or 209
unequal expenditures for male and female teams if a public 210
school or Florida College System institution operates or 211
sponsors separate teams do not constitute nonimplementation of 212
this subsection, but the Commissioner of Education shall 213
consider the failure to provide necessary funds for teams for 214
one sex gender in assessing equality of opportunity for members 215
of each sex gender. 216
(e) A public school or Florida College System institu tion 217
may provide separate toilet, locker room, and shower facilities 218
on the basis of gender, but such facilities shall be comparable 219
to such facilities provided for students of the other sex 220
gender. 221
(4)(a) It shall constitute discrimination on the basis of 222
race, color, national origin, or sex under this section to 223
subject any student or employee to training or instruction that 224
espouses, promotes, advances, inculcates, or compels such 225
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student or employee to believe any of the following concepts: 226
1. Members of one race, color, national origin, or sex are 227
morally superior to members of another race, color, national 228
origin, or sex. 229
2. A person, by virtue of his or her race, color, national 230
origin, or sex is inherently racist, sexist, or oppressive, 231
whether consciously or unconsciously. 232
3. A person's moral character or status as either 233
privileged or oppressed is necessarily determined by his or her 234
race, color, national origin, or sex. 235
4. Members of one race, color, national origin, or sex 236
cannot and should not attempt to treat others without respect to 237
race, color, national origin, or sex. 238
5. A person, by virtue of his or her race, color, national 239
origin, or sex bears responsibility for, or should be 240
discriminated against or receive adver se treatment because of, 241
actions committed in the past by other members of the same race, 242
color, national origin, or sex. 243
6. A person, by virtue of his or her race, color, national 244
origin, or sex should be discriminated against or receive 245
adverse treatment to achieve diversity, equity, or inclusion. 246
7. A person, by virtue of his or her race, color, sex, or 247
national origin, bears personal responsibility for and must feel 248
guilt, anguish, or other forms of psychological distress because 249
of actions, in which the person played no part, committed in the 250
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past by other members of the same race, color, national origin, 251
or sex. 252
8. Such virtues as merit, excellence, hard work, fairness, 253
neutrality, objectivity, and racial colorblindness are racist or 254
sexist, or were created by members of a particular race, color, 255
national origin, or sex to oppress members of another race, 256
color, national origin, or sex. 257
(b) Paragraph (a) may not be construed to prohibit 258
discussion of the concepts listed therein as part of a lar ger 259
course of training or instruction, provided such training or 260
instruction is given in an objective manner without endorsement 261
of the concepts. 262
(5)(4) Public schools and Florida College System 263
institutions shall develop and implement methods and strate gies 264
to increase the participation of students of a particular race, 265
color ethnicity, national origin, sex gender, disability, or 266
marital status in programs and courses in which students of that 267
particular race, color ethnicity, national origin, sex gender, 268
disability, or marital status have been traditionally 269
underrepresented, including, but not limited to, mathematics, 270
science, computer technology, electronics, communications 271
technology, engineering, and career education. 272
(7)(6) The functions of the Off ice of Equal Educational 273
Opportunity of the Department of Education shall include, but 274
are not limited to: 275
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(d) Conducting studies of the effectiveness of methods and 276
strategies designed to increase the participation of students in 277
programs and courses in which students of a particular race, 278
color ethnicity, national origin, sex gender, disability, or 279
marital status have been traditionally underrepresented and 280
monitoring the success of students in such programs or courses, 281
including performing followup mon itoring. 282
Section 3. Subsection (3) of section 1003.42, Florida 283
Statutes, is renumbered as subsection (5), paragraph (b) of 284
subsection (1) and subsection (2) are amended, and a new 285
subsection (3) and subsection (4) are added to that section, to 286
read: 287
1003.42 Required instruction. — 288
(1) 289
(b) All instructional materials, as defined in s. 290
1006.29(2), used to teach reproductive health or any disease, 291
including HIV/AIDS, its symptoms, development, and treatment, as 292
part of the courses referenced in subsect ion (5) (3), must be 293
annually approved by a district school board in an open, noticed 294
public meeting. 295
(2) Members of the instructional staff of the public 296
schools, subject to the rules of the State Board of Education 297
and the district school board, shall teach efficiently and 298
faithfully, using the books and materials required that meet the 299
highest standards for professionalism and historical accuracy, 300
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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
following the prescribed courses of study, and employing 301
approved methods of instruction, the following: 302
(a) The history and content of the Declaration of 303
Independence, including national sovereignty, natural law, self -304
evident truth, equality of all persons, limited government, 305
popular sovereignty, and inalienable rights of life, liberty, 306
and property, and how they form the philosophical foundation of 307
our government. 308
(b) The history, meaning, significance, and effect of the 309
provisions of the Constitution of the United States and 310
amendments thereto, with emphasis on each of the 10 amendments 311
that make up the Bill of Rights and how the constitution 312
provides the structure of our government. 313
(c) The arguments in support of adopting our republican 314
form of government, as they are embodied in the most important 315
of the Federalist Papers. 316
(d) Flag education, incl uding proper flag display and flag 317
salute. 318
(e) The elements of civil government, including the 319
primary functions of and interrelationships between the Federal 320
Government, the state, and its counties, municipalities, school 321
districts, and special district s. 322
(f) The history of the United States, including the period 323
of discovery, early colonies, the War for Independence, the 324
Civil War, the expansion of the United States to its present 325
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boundaries, the world wars, and the civil rights movement to the 326
present. American history shall be viewed as factual, not as 327
constructed, shall be viewed as knowable, teachable, and 328
testable, and shall be defined as the creation of a new nation 329
based largely on the universal principles stated in the 330
Declaration of Independen ce. 331
(g)1. The history of the Holocaust (1933 -1945), the 332
systematic, planned annihilation of European Jews and other 333
groups by Nazi Germany, a watershed event in the history of 334
humanity, to be taught in a manner that leads to an 335
investigation of human beh avior, an understanding of the 336
ramifications of prejudice, racism, and stereotyping, and an 337
examination of what it means to be a responsible and respectful 338
person, for the purposes of encouraging tolerance of diversity 339
in a pluralistic society and for nurt uring and protecting 340
democratic values and institutions, including the policy, 341
definition, and historical and current examples of anti -342
Semitism, as described in s. 1000.05(8) s. 1000.05(7), and the 343
prevention of anti-Semitism. Each school district must ann ually 344
certify and provide evidence to the department, in a manner 345
prescribed by the department, that the requirements of this 346
paragraph are met. The department shall prepare and offer 347
standards and curriculum for the instruction required by this 348
paragraph and may seek input from the Commissioner of 349
Education's Task Force on Holocaust Education or from any state 350
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or nationally recognized Holocaust educational organizations. 351
The department may contract with any state or nationally 352
recognized Holocaust educatio nal organizations to develop 353
training for instructional personnel and grade -appropriate 354
classroom resources to support the developed curriculum. 355
2. The second week in November shall be designated as 356
"Holocaust Education Week" in this state in recognition that 357
November is the anniversary of Kristallnacht, widely recognized 358
as a precipitating event that led to the Holocaust. 359
(h) The history of African Americans, including the 360
history of African peoples before the political conflicts that 361
led to the development of slavery, the passage to America, the 362
enslavement experience, abolition, and the history and 363
contributions of African Americans of the African diaspora to 364
society. Students shall develop an understanding of the 365
ramifications of prejudice, racism, a nd stereotyping on 366
individual freedoms, and examine what it means to be a 367
responsible and respectful person, for the purpose of 368
encouraging tolerance of diversity in a pluralistic society and 369
for nurturing and protecting democratic values and institutions. 370
Instruction shall include the roles and contributions of 371
individuals from all walks of life and their endeavors to learn 372
and thrive throughout history as artists, scientists, educators, 373
businesspeople, influential thinkers, members of the faith 374
community, and political and governmental leaders and the 375
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courageous steps they took to fulfill the promise of democracy 376
and unite the nation. Instructional materials shall include the 377
vital contributions of African Americans to build and strengthen 378
American society and celebrate the inspirational stories of 379
African Americans who prospered, even in the most difficult 380
circumstances. Instructional personnel may facilitate 381
discussions and use curricula to address, in an age -appropriate 382
manner, how the individual freedom s of persons have been 383
infringed by slavery, racial oppression, racial segregation, and 384
racial discrimination, as well as topics relating to the 385
enactment and enforcement of laws resulting in racial 386
oppression, racial segregation, and racial discrimination and 387
how recognition of these freedoms has overturned these unjust 388
laws. However, classroom instruction and curriculum may not be 389
used to indoctrinate or persuade students to a particular point 390
of view inconsistent with the principles enumerated in 391
subsection (3) or the state academic standards. The department 392
shall prepare and offer standards and curriculum for the 393
instruction required by this paragraph and may seek input from 394
the Commissioner of Education's African American History Task 395
Force. 396
(i) The elementary principles of agriculture. 397
(j) The true effects of all alcoholic and intoxicating 398
liquors and beverages and narcotics upon the human body and 399
mind. 400
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(k) Kindness to animals. 401
(l) The history of the state. 402
(m) The conservation of natural res ources. 403
(n)1. Comprehensive age-appropriate and developmentally 404
appropriate K-12 instruction on: health education that addresses 405
1. Health education that addresses concepts of community 406
health, consumer health, environmental health, and family life, 407
including: 408
a. Mental and emotional health. 409
a.b. Injury prevention and safety. 410
b.c. Internet safety. 411
c.d. Nutrition. 412
d.e. Personal health. 413
e.f. Prevention and control of disease. 414
f.g. Substance use and abuse. 415
g.h. Prevention of child sexual abuse, exploitation, and 416
human trafficking. 417
2. The health education curriculum For students in grades 418
7 through 12, shall include a teen dating violence and abuse . 419
This component must include that includes, but is not be limited 420
to, the definition of dating violence and abuse, the warning 421
signs of dating violence and abusive behavior, the 422
characteristics of healthy relationships, measures to prevent 423
and stop dating violence and abuse, and community resources 424
available to victims o f dating violence and abuse. 425
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3. The health education curriculum For students in grades 426
6 through 12, shall include an awareness of the benefits of 427
sexual abstinence as the expected standard and the consequences 428
of teenage pregnancy. 429
4. Life skills that build confidence, support mental and 430
emotional health, and enable students to overcome challenges, 431
including: 432
a. Self-awareness and self-management. 433
b. Responsible decisionmaking. 434
c. Resiliency. 435
d. Relationship skills and conflict resolution. 436
e. Understanding and respecting other viewpoints and 437
backgrounds. 438
f. For grades 9 through 12, developing leadership skills, 439
interpersonal skills, organization skills, and research skills; 440
creating a resume, including a digital resume; exploring career 441
pathways; using state career planning resources; developing and 442
practicing the skills necessary for employment interviews; 443
workplace ethics and workplace law; managing stress and 444
expectations; and self -motivation. 445
446
Health education and life skills instruction and materials may 447
not contradict the principles enumerated in subsection (3). 448
(o) Such additional materials, subjects, courses, or 449
fields in such grades as are prescribed by law or by rules of 450
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the State Board of Education and the district school board in 451
fulfilling the requirements of law. 452
(p) The study of Hispanic contributions to the United 453
States. 454
(q) The study of women's contributions to the United 455
States. 456
(r) The nature and importance of free enterprise to the 457
United States economy. 458
(s) Civic and character education on A character 459
development program in the elementary schools, similar to 460
Character First or Character Counts, which is secular in nature. 461
Beginning in school year 2004 -2005, the character development 462
program shall be required in ki ndergarten through grade 12. Each 463
district school board shall develop or adopt a curriculum for 464
the character development program that shall be submitted to the 465
department for approval. 466
1. The character development curriculum shall stress the 467
qualities and responsibilities of patriotism and; 468
responsibility; citizenship, including,; kindness; respect for 469
authority, life, liberty, and personal property; honesty; 470
charity; self-control; racial, ethnic, and religious tolerance; 471
and cooperation and,. 472
2. The character development curriculum for grades 9 473
through 12 shall, at a minimum, include instruction on 474
developing leadership skills, interpersonal skills, organization 475
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skills, and research skills; creating a resume, including a 476
digital resume; exploring caree r pathways; using state career 477
planning resources; developing and practicing the skills 478
necessary for employment interviews; conflict resolution, 479
workplace ethics, and workplace law; managing stress and 480
expectations; and developing skills that enable stude nts to 481
become more resilient and self -motivated. 482
3. The character development curriculum for grades 11 and 483
12, shall include instruction on voting using the uniform 484
primary and general election ballot described in s. 101.151(9). 485
(t) In order to encourage patriotism, the sacrifices that 486
veterans and Medal of Honor recipients have made in serving our 487
country and protecting democratic values worldwide. Such 488
instruction must occur on or before Medal of Honor Day, 489
Veterans' Day, and M emorial Day. Members of the instructional 490
staff are encouraged to use the assistance of local veterans and 491
Medal of Honor recipients when practicable. 492
493
The State Board of Education is encouraged to adopt standards 494
and pursue assessment of the requirements of this subsection. 495
Instructional programming A character development program that 496
incorporates the values of the recipients of the Congressional 497
Medal of Honor and that is offered as part of a social studies, 498
English Language Arts, or other schoolwide cha racter building 499
and veteran awareness initiative meets the requirements of 500
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paragraph (t) paragraphs (s) and (t) . 501
(3) The Legislature acknowledges the fundamental truth 502
that all persons are equal before the law and have inalienable 503
rights. Accordingly, in struction and supporting materials on the 504
topics enumerated in this section must be consistent with the 505
following principles of individual freedom: 506
(a) No person is inherently racist, sexist, or oppressive, 507
whether consciously or unconsciously, solely by virtue of his or 508
her race or sex. 509
(b) No race is inherently superior to another race. 510
(c) No person should be discriminated against or receive 511
adverse treatment solely or partly on the basis of race, color, 512
national origin, religion, disability, or se x. 513
(d) Meritocracy or traits such as a hard work ethic are 514
not racist but fundamental to the right to pursue happiness and 515
be rewarded for industry. 516
(e) A person, by virtue of his or her race or sex, does 517
not bear responsibility for actions committed i n the past by 518
other members of the same race or sex. 519
(f) A person should not be instructed that he or she must 520
feel guilt, anguish, or other forms of psychological distress 521
for actions, in which he or she played no part, committed in the 522
past by other members of the same race or sex. 523
524
Instructional personnel may facilitate discussions and use 525
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curricula to address, in an age -appropriate manner, how the 526
freedoms of persons have been infringed by sexism, slavery, 527
racial oppression, racial segregation, and ra cial 528
discrimination, including topics relating to the enactment and 529
enforcement of laws resulting in sexism, racial oppression, 530
racial segregation, and racial discrimination, including how 531
recognition of these freedoms have overturned these unjust laws. 532
However, classroom instruction and curriculum may not be used to 533
indoctrinate or persuade students to a particular point of view 534
inconsistent with the principles of this subsection or state 535
academic standards. 536
(4) The State Board of Education shall develop or adopt a 537
curriculum to inspire future generations through motivating 538
stories of American history that demonstrate important life 539
skills and the principles of individual freedom that enabled 540
persons to prosper even in the most difficult circumstances. 541
This curriculum shall be known as "Stories of Inspiration" and 542
made available to schools to implement the requirements of 543
subsection (3). 544
Section 4. Paragraph (d) of subsection (2) of section 545
1006.31, Florida Statutes, is amended to read: 546
1006.31 Duties of the Department of Education and school 547
district instructional materials reviewer. —The duties of the 548
instructional materials reviewer are: 549
(2) EVALUATION OF INSTRUCTIONAL MATERIALS. —To use the 550
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selection criteria listed in s. 1006.34(2)( b) and recommend for 551
adoption only those instructional materials aligned with the 552
Next Generation Sunshine State Standards provided for in s. 553
1003.41. Instructional materials recommended by each reviewer 554
shall be, to the satisfaction of each reviewer, accu rate, 555
objective, balanced, noninflammatory, current, free of 556
pornography and material prohibited under s. 847.012, and suited 557
to student needs and their ability to comprehend the material 558
presented. Reviewers shall consider for recommendation materials 559
developed for academically talented students, such as students 560
enrolled in advanced placement courses. When recommending 561
instructional materials, each reviewer shall: 562
(d) Require, when appropriate to the comprehension of 563
students, that materials for social science, history, or civics 564
classes contain the Declaration of Independence and the 565
Constitution of the United States. A reviewer may not recommend 566
any instructional materials that contain any matter reflecting 567
unfairly upon persons because of their race, color, creed, 568
national origin, ancestry, gender, religion, disability, 569
socioeconomic status, or occupation or otherwise contradict the 570
principles enumerated under s. 1003.42(3) . 571
Section 5. Paragraph (b) of subsection (4) of section 572
1012.98, Florida Sta tutes, is amended to read: 573
1012.98 School Community Professional Development Act. — 574
(4) The Department of Education, school districts, 575
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schools, Florida College System institutions, and state 576
universities share the responsibilities described in this 577
section. These responsibilities include the following: 578
(b) Each school district shall develop a professional 579
development system as specified in subsection (3). The system 580
shall be developed in consultation with teachers, teacher -581
educators of Florida College System institutions and state 582
universities, business and community representatives, and local 583
education foundations, consortia, and professional 584
organizations. The professional development system must: 585
1. Be reviewed and approved by the department for 586
compliance with s. 1003.42(3) and this section . All substantial 587
revisions to the system shall be submitted to the department for 588
review for continued approval. 589
2. Be based on analyses of student achievement data and 590
instructional strategies and methods tha t support rigorous, 591
relevant, and challenging curricula for all students. Schools 592
and districts, in developing and refining the professional 593
development system, shall also review and monitor school 594
discipline data; school environment surveys; assessments o f 595
parental satisfaction; performance appraisal data of teachers, 596
managers, and administrative personnel; and other performance 597
indicators to identify school and student needs that can be met 598
by improved professional performance. 599
3. Provide inservice acti vities coupled with followup 600
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support appropriate to accomplish district -level and school-601
level improvement goals and standards. The inservice activities 602
for instructional personnel shall focus on analysis of student 603
achievement data, ongoing formal and inf ormal assessments of 604
student achievement, identification and use of enhanced and 605
differentiated instructional strategies that emphasize rigor, 606
relevance, and reading in the content areas, enhancement of 607
subject content expertise, integrated use of classroo m 608
technology that enhances teaching and learning, classroom 609
management, parent involvement, and school safety. 610
4. Provide inservice activities and support targeted to 611
the individual needs of new teachers participating in the 612
professional development cert ification and education competency 613
program under s. 1012.56(8)(a). 614
5. Include a master plan for inservice activities, 615
pursuant to rules of the State Board of Education, for all 616
district employees from all fund sources. The master plan shall 617
be updated annually by September 1, must be based on input from 618
teachers and district and school instructional leaders, and must 619
use the latest available student achievement data and research 620
to enhance rigor and relevance in the classroom. Each district 621
inservice plan must be aligned to and support the school -based 622
inservice plans and school improvement plans pursuant to s. 623
1001.42(18). Each district inservice plan must provide a 624
description of the training that middle grades instructional 625
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personnel and school administ rators receive on the district's 626
code of student conduct adopted pursuant to s. 1006.07; 627
integrated digital instruction and competency -based instruction 628
and CAPE Digital Tool certificates and CAPE industry 629
certifications; classroom management; student beha vior and 630
interaction; extended learning opportunities for students; and 631
instructional leadership. District plans must be approved by the 632
district school board annually in order to ensure compliance 633
with subsection (1) and to allow for dissemination of rese arch-634
based best practices to other districts. District school boards 635
must submit verification of their approval to the Commissioner 636
of Education no later than October 1, annually. Each school 637
principal may establish and maintain an individual professional 638
development plan for each instructional employee assigned to the 639
school as a seamless component to the school improvement plans 640
developed pursuant to s. 1001.42(18). An individual professional 641
development plan must be related to specific performance data 642
for the students to whom the teacher is assigned, define the 643
inservice objectives and specific measurable improvements 644
expected in student performance as a result of the inservice 645
activity, and include an evaluation component that determines 646
the effectiveness of the professional development plan. 647
6. Include inservice activities for school administrative 648
personnel that address updated skills necessary for 649
instructional leadership and effective school management 650
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pursuant to s. 1012.986. 651
7. Provide for syst ematic consultation with regional and 652
state personnel designated to provide technical assistance and 653
evaluation of local professional development programs. 654
8. Provide for delivery of professional development by 655
distance learning and other technology -based delivery systems to 656
reach more educators at lower costs. 657
9. Provide for the continuous evaluation of the quality 658
and effectiveness of professional development programs in order 659
to eliminate ineffective programs and strategies and to expand 660
effective ones. Evaluations must consider the impact of such 661
activities on the performance of participating educators and 662
their students' achievement and behavior. 663
10. For middle grades, emphasize: 664
a. Interdisciplinary planning, collaboration, and 665
instruction. 666
b. Alignment of curriculum and instructional materials to 667
the state academic standards adopted pursuant to s. 1003.41. 668
c. Use of small learning communities; problem -solving, 669
inquiry-driven research and analytical approaches for students; 670
strategies and tools based on student needs; competency -based 671
instruction; integrated digital instruction; and project -based 672
instruction. 673
674
Each school that includes any of grades 6, 7, or 8 must include 675
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in its school improvement plan, required under s. 1001.42( 18), a 676
description of the specific strategies used by the school to 677
implement each item listed in this subparagraph. 678
11. Provide training to reading coaches, classroom 679
teachers, and school administrators in effective methods of 680
identifying characteristic s of conditions such as dyslexia and 681
other causes of diminished phonological processing skills; 682
incorporating instructional techniques into the general 683
education setting which are proven to improve reading 684
performance for all students; and using predictive and other 685
data to make instructional decisions based on individual student 686
needs. The training must help teachers integrate phonemic 687
awareness; phonics, word study, and spelling; reading fluency; 688
vocabulary, including academic vocabulary; and text 689
comprehension strategies into an explicit, systematic, and 690
sequential approach to reading instruction, including 691
multisensory intervention strategies. Each district must provide 692
all elementary grades instructional personnel access to training 693
sufficient to meet t he requirements of s. 1012.585(3)(f). 694
Section 6. Paragraph (d) of subsection (3) of section 695
1002.20, Florida Statutes, is amended to read: 696
1002.20 K-12 student and parent rights. —Parents of public 697
school students must receive accurate and timely info rmation 698
regarding their child's academic progress and must be informed 699
of ways they can help their child to succeed in school. K -12 700
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students and their parents are afforded numerous statutory 701
rights including, but not limited to, the following: 702
(3) HEALTH ISSUES.— 703
(d) Reproductive health and disease education. —A public 704
school student whose parent makes written request to the school 705
principal shall be exempted from the teaching of reproductive 706
health or any disease, including HIV/AIDS, in accordance with s. 707
1003.42(5) s. 1003.42(3). Each school district shall, on the 708
district's website homepage, notify parents of this right and 709
the process to request an exemption. The homepage must include a 710
link for a student's parent to access and review the 711
instructional materials, as defined in s. 1006.29(2), used to 712
teach the curriculum. 713
Section 7. Paragraph (b) of subsection (4) of section 714
1006.40, Florida Statutes, is amended to read: 715
1006.40 Use of instructional materials allocation; 716
instructional materials, l ibrary books, and reference books; 717
repair of books.— 718
(4) Each district school board is responsible for the 719
content of all materials used in a classroom or otherwise made 720
available to students. Each district school board shall adopt 721
rules, and each distri ct school superintendent shall implement 722
procedures, that: 723
(b) Provide a process for public review of, public comment 724
on, and the adoption of instructional materials, including 725
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instructional materials used to teach reproductive health or any 726
disease, including HIV/AIDS, under ss. 1003.42(5) and 1003.46 727
ss. 1003.42(3) and 1003.46 , which satisfies the requirements of 728
s. 1006.283(2)(b)8., 9., and 11. 729
Section 8. This act shall take effect July 1, 2022. 730