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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
A bill to be entitled 1
An act relating to K -12 education; amending ss. 145.19 2
and 1001.39, F.S.; conforming provisions to changes 3
made by the act; repealing s. 1001.395, F.S., relating 4
to district school board members ' compensation; 5
amending ss. 1001.43 and 1002.32, F.S.; conforming 6
provisions to changes made by the act; amending s. 7
1006.28, F.S.; deleting a requirement that district 8
school boards maintain a specified list on their 9
websites; requiring certain meetings relating to 10
instructional materials to be noticed and open to the 11
public; providing requirements for the membership of 12
committees related to instructional materials; 13
requiring certain individuals involved in selecting 14
library materials to complete a specified training; 15
requiring certain materials to be selected by 16
employees who meet specified criteria; requiring 17
district school boards to adopt procedures for 18
developing library media center collections; providing 19
requirements for such procedures; requiring elementary 20
schools, district school boards, and the Department of 21
Education to post on their websites specified 22
information relating to instructional materials and 23
other materials in certain formats; providing district 24
school board requirements; providing school principals 25
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are responsible for overseeing compliance with 26
specified procedures relating to library media center 27
materials; amending s. 100 6.29, F.S.; revising 28
requirements for the department relating to the 29
development of training programs for the selection of 30
materials used in schools and library media centers; 31
amending s. 1006.40, F.S.; revising district school 32
board requirements for the selection and adoption of 33
certain materials; amending s. 1011.10, F.S.; 34
conforming provisions to changes made by the act; 35
providing an effective date. 36
37
Be It Enacted by the Legislature of the State of Florida: 38
39
Section 1. Subsection (2) of section 145.19, Florida 40
Statutes, is amended to read: 41
145.19 Annual percentage increases based on increase for 42
state career service employees; limitation. — 43
(2) Each fiscal year, the salaries of all officials listed 44
in this chapter, s. 1001.395, and s. 1001.47 shall be adjusted. 45
The adjusted salary rate shall be the product, rounded to the 46
nearest dollar, of the salary rate granted by the appropriate 47
section of this chapter, s. 1001.395, or s. 1001.47 multiplied 48
first by the initial factor, then by the cumulative annual 49
factor, and finally b y the annual factor. The Department of 50
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Management Services shall certify the annual factor and the 51
cumulative annual factors. Any special qualification salary 52
received under this chapter, s. 1001.47, or the annual 53
performance salary incentive available to elected 54
superintendents under s. 1001.47 shall be added to such adjusted 55
salary rate. The special qualification salary shall be $2,000, 56
but shall not exceed $2,000. 57
Section 2. Subsection (1) of section 1001.39, Florida 58
Statutes, is amended to read: 59
1001.39 District school board members; travel expenses. — 60
(1) In addition to the salary provided in s. 1001.395, 61
Each member of a district school board shall be allowed, from 62
the district school fund, reimbursement of travel expenses as 63
authorized in s. 112.061, provided that any travel outside the 64
district that exceeds $500 requires prior approval by the 65
district school board to confirm that such travel is for 66
official business of the school district and complies with rules 67
of the State Board of Education. Any request for travel outside 68
the state must include an itemized list detailing all 69
anticipated travel expenses, including, but not limited to, the 70
anticipated costs of all means of travel, lodging, and 71
subsistence. Immediately preceding a request, the p ublic must 72
have an opportunity to speak on the specific travel agenda item. 73
Section 3. Section 1001.395, Florida Statutes, is 74
repealed. 75
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Section 4. Subsection (10) of section 1001.43, Florida 76
Statutes, is amended to read: 77
1001.43 Supplemental powe rs and duties of district school 78
board.—The district school board may exercise the following 79
supplemental powers and duties as authorized by this code or 80
State Board of Education rule. 81
(10) DISTRICT SCHOOL BOARD GOVERNANCE AND OPERATIONS. —The 82
district school board may adopt policies and procedures 83
necessary for the daily business operation of the district 84
school board, including, but not limited to, the provision of 85
legal services for the district school board; conducting a 86
district legislative program; d istrict school board member 87
participation at conferences, conventions, and workshops, 88
including member compensation and reimbursement for expenses; 89
district school board policy development, adoption, and repeal; 90
district school board meeting procedures, in cluding 91
participation via telecommunications networks, use of technology 92
at meetings, and presentations by nondistrict personnel; citizen 93
communications with the district school board and with 94
individual district school board members; collaboration with 95
local government and other entities as required by law; and 96
organization of the district school board, including special 97
committees and advisory committees. Members of special 98
committees and advisory committees may attend meetings in person 99
or through the use of telecommunications networks such as 100
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telephonic and video conferencing. 101
Section 5. Paragraph (a) of subsection (10) of section 102
1002.32, Florida Statutes, is amended to read: 103
1002.32 Developmental research (laboratory) schools. — 104
(10) EXCEPTIONS TO LAW.—To encourage innovative practices 105
and facilitate the mission of the lab schools, in addition to 106
the exceptions to law specified in s. 1001.23(1), the following 107
exceptions shall be permitted for lab schools: 108
(a) The methods and requirements of the following statutes 109
shall be held in abeyance: ss. 316.75; 1001.30; 1001.31; 110
1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362; 111
1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39; 112
1001.395; 1001.40; 1001.41; 1001.44; 1001.453; 1001.46; 113
1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48; 114
1001.49; 1001.50; 1001.51; 1006.12(2); 1006.21(3), (4); 1006.23; 115
1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43; 1010.44; 116
1010.45; 1010.46; 1010.47; 1010.48; 1 010.49; 1010.50; 1010.51; 117
1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1) -(3), (5); 118
1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71; 1011.72; 119
1011.73; and 1011.74. 120
Section 6. Paragraphs (a) and (d) of subsection (2) and 121
subsection (4) of section 10 06.28, Florida Statutes, are 122
amended, and paragraph (e) is added to subsection (2) of that 123
section, to read: 124
1006.28 Duties of district school board, district school 125
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superintendent; and school principal regarding K -12 126
instructional materials. — 127
(2) DISTRICT SCHOOL BOARD.—The district school board has 128
the constitutional duty and responsibility to select and provide 129
adequate instructional materials for all students in accordance 130
with the requirements of this part. The district school board 131
also has the following specific duties and responsibilities: 132
(a) Courses of study; adoption. —Adopt courses of study, 133
including instructional materials, for use in the schools of the 134
district. 135
1. Each district school board is responsible for the 136
content of all instruct ional materials and any other materials 137
used in a classroom, made available in a school library, or 138
included on a reading list, whether adopted and purchased from 139
the state-adopted instructional materials list, adopted and 140
purchased through a district inst ructional materials program 141
under s. 1006.283, or otherwise purchased or made available. 142
Each district school board shall maintain on its website a 143
current list of instructional materials, by grade level, 144
purchased by the district. 145
2. Each district schoo l board must adopt a policy 146
regarding an objection by a parent or a resident of the county 147
to the use of a specific instructional material, which clearly 148
describes a process to handle all objections and provides for 149
resolution. The process must provide the parent or resident the 150
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opportunity to proffer evidence to the district school board 151
that: 152
a. An instructional material does not meet the criteria of 153
s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 154
a course or otherwise made available to students in the school 155
district but was not subject to the public notice, review, 156
comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 157
and 11. 158
b. Any material used in a classroom, made available in a 159
school library, or included on a reading lis t contains content 160
that is pornographic or prohibited under s. 847.012, is not 161
suited to student needs and their ability to comprehend the 162
material presented, or is inappropriate for the grade level and 163
age group for which the material is used. 164
165
If the district school board finds that an instructional 166
material does not meet the criteria under sub -subparagraph a. or 167
that any other material contains prohibited content under sub -168
subparagraph b., the school district shall discontinue use of 169
the material for any grade level or age group for which such use 170
is inappropriate or unsuitable. 171
3. Each district school board must establish a process by 172
which the parent of a public school student or a resident of the 173
county may contest the district school board's adoptio n of a 174
specific instructional material. The parent or resident must 175
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file a petition, on a form provided by the school board, within 176
30 calendar days after the adoption of the instructional 177
material by the school board. The school board must make the 178
form available to the public and publish the form on the school 179
district's website. The form must be signed by the parent or 180
resident, include the required contact information, and state 181
the objection to the instructional material based on the 182
criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days 183
after the 30-day period has expired, the school board must, for 184
all petitions timely received, conduct at least one open public 185
hearing before an unbiased and qualified hearing officer. The 186
hearing officer may no t be an employee or agent of the school 187
district. The hearing is not subject to the provisions of 188
chapter 120; however, the hearing must provide sufficient 189
procedural protections to allow each petitioner an adequate and 190
fair opportunity to be heard and pre sent evidence to the hearing 191
officer. 192
193
The school board's decision after convening a hearing is final 194
and not subject to further petition or review. 195
4. Meetings of committees convened for the purpose of 196
ranking, eliminating, or selecting instructional ma terials for 197
recommendation to the district school board must be noticed and 198
open to the public in accordance with s. 286.011. Any committees 199
convened for such purposes must include parents of district 200
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students and other members of the community. 201
(d) School library media services; establishment and 202
maintenance.—Establish and maintain a program of school library 203
media services for all public schools in the district, including 204
school library media centers, or school library media centers 205
open to the public, and, in addition such traveling or 206
circulating libraries as may be needed for the proper operation 207
of the district school system. Each school district shall 208
provide training to School librarians, and media specialists, 209
and other personnel involved in the s election of school district 210
library materials must complete the training program developed 211
pursuant to s. 1006.29(5) before reviewing and selecting 212
regarding the prohibition against distributing harmful materials 213
to minors under s. 847.012 and applicable c ase law, and best 214
practices for providing students access to age-appropriate 215
materials and library resources. Upon written request, a school 216
district shall provide access to any material or book specified 217
in the request that is maintained in a district sch ool system 218
library and is available for review. 219
1. Each book made available to students through a school 220
district library media center or required as part of a booklist 221
used in a classroom must be selected by a school district 222
employee who holds a valid educational media specialist 223
certificate, regardless of whether the book is purchased, 224
donated, or otherwise made available to students. 225
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2. Each district school board shall adopt procedures for 226
developing library media center collections and post the 227
procedures on the website for each school within the district. 228
The procedures must: 229
a. Require that book selections meet the criteria in s. 230
1006.40(3)(d). 231
b. Require consultation of reputable, professionally 232
recognized reviewing periodicals and school com munity 233
stakeholders for each selection. 234
c. Provide for library media center collections based on 235
reader interest, support of state academic standards and aligned 236
curriculum, and the academic needs of students and faculty. 237
d. Provide for the regular rem oval or discontinuance of 238
books based on, at a minimum, physical condition, rate of recent 239
circulation, alignment to state academic standards and relevancy 240
to curriculum, out-of-date content, and required removal 241
pursuant to subparagraph (a)2. 242
3. Each elementary school must publish on its website, in 243
a searchable format prescribed by the department, a list of all 244
materials maintained in the school library media center or 245
required as part of a booklist used in a classroom. 246
(e) Public participation. —Publish on its website, in a 247
searchable format prescribed by the department, a list of all 248
instructional materials, including those used to provide 249
instruction required by s. 1003.42. Each district school board 250
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must: 251
1. Provide access to all materials for public inspection 252
and allow the public to copy, scan, duplicate, or photograph 253
portions of original materials within the limits of "fair use" 254
under the copyright laws of the United States pursuant to Title 255
17 of the United Stat es Code, Pub. L. No. 94 -653, 17 U.S.C. ss. 256
101 et seq. Access must be provided at least 30 days before any 257
official action on such materials. 258
2. Select, approve, adopt, or purchase all materials as a 259
separate line item on the agenda and must provide a re asonable 260
opportunity for public comment. The use of materials described 261
in this paragraph may not be selected, approved, or adopted as 262
part of a consent agenda. 263
3. Annually, beginning June 30, 2022, submit to the 264
Commissioner of Education a report that i dentifies: 265
a. Each material for which the school district received an 266
objection pursuant to subparagraph (a)2. for the school year and 267
the specific objections thereto. 268
b. Each material that was removed or discontinued as a 269
result of an objection. 270
c. The grade level and course for which a removed or 271
discontinued material was used, as applicable. 272
273
The department shall publish and regularly update a list of 274
materials that were removed or discontinued as a result of an 275
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objection and disseminate the list t o school districts for 276
consideration in their selection procedures. 277
(4) SCHOOL PRINCIPAL. —The school principal has the 278
following duties for the management and care of instructional 279
materials at the school: 280
(a) Proper use of instructional materials. —The principal 281
shall assure that instructional materials are used to provide 282
instruction to students enrolled at the grade level or levels 283
for which the materials are designed, pursuant to adopted 284
district school board rule. The school principal shall 285
communicate to parents the manner in which instructional 286
materials are used to implement the curricular objectives of the 287
school. 288
(b) Money collected for lost or damaged instructional 289
materials; enforcement. —The school principal shall collect from 290
each student or the student's parent the purchase price of any 291
instructional material the student has lost, destroyed, or 292
unnecessarily damaged and to report and transmit the money 293
collected to the district school superintendent. The failure to 294
collect such sum upon rea sonable effort by the school principal 295
may result in the suspension of the student from participation 296
in extracurricular activities or satisfaction of the debt by the 297
student through community service activities at the school site 298
as determined by the scho ol principal, pursuant to policies 299
adopted by district school board rule. 300
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(c) Sale of instructional materials. —The school principal, 301
upon request of the parent of a student in the school, shall 302
sell to the parent any instructional materials used in the 303
school. All such sales shall be made pursuant to rule adopted by 304
the district school board, and the principal shall annually 305
provide information to parents that they may purchase 306
instructional materials and how to purchase the materials. 307
(d) Disposition of funds.—All money collected from the 308
sale, exchange, loss, or damage of instructional materials shall 309
be transmitted to the district school superintendent to be 310
deposited in the district school board fund and added to the 311
district appropriation for instru ctional materials. 312
(e) Accounting for instructional materials. —Principals 313
shall see that all instructional materials are fully and 314
properly accounted for as prescribed by adopted rules of the 315
district school board. 316
(f) Selection of library media center materials.—School 317
principals are responsible for overseeing compliance with school 318
district procedures for selecting school library media center 319
materials. 320
Section 7. Subsections (2) and (5) of section 1006.29, 321
Florida Statutes, are amended to read: 322
1006.29 State instructional materials reviewers. — 323
(2) For purposes of this part state adoption, the term 324
"instructional materials" means items having intellectual 325
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content that by design serve as a major tool for assisting in 326
the instruction of a subject or course. These items may be 327
available in bound, unbound, kit, or package form and may 328
consist of hardbacked or softbacked textbooks, electronic 329
content, consumables, learning laboratories, manipulatives, 330
electronic media, and computer courseware or soft ware. A 331
publisher or manufacturer providing instructional materials as a 332
single bundle shall also make the instructional materials 333
available as separate and unbundled items, each priced 334
individually. A publisher may also offer sections of state -335
adopted instructional materials in digital or electronic 336
versions at reduced rates to districts, schools, and teachers. 337
(5) The department shall develop a training programs 338
program for persons selected as state instructional materials 339
reviewers and school district reviewers of instructional 340
materials, including those used to provide instruction required 341
by s. 1003.42, and any materials maintained in the district 342
school library media centers or included on a reading list . The 343
programs program shall be structured to a ssist reviewers in 344
complying with the requirements of s. 1006.31(2) developing the 345
skills necessary to make valid, culturally sensitive, and 346
objective decisions regarding the content and rigor of 347
instructional materials . All persons serving as instructional 348
materials reviewers must complete a the training program before 349
prior to beginning the review and selection process. 350
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Section 8. Paragraph (b) of subsection (4) of section 351
1006.40, Florida Statutes, is amended to read: 352
1006.40 Use of instructional m aterials allocation; 353
instructional materials, library books, and reference books; 354
repair of books.— 355
(4) Each district school board is responsible for the 356
content of all materials used in a classroom or otherwise made 357
available to students. Each district school board shall adopt 358
rules, and each district school superintendent shall implement 359
procedures, that: 360
(b) Provide a process for public review of, public comment 361
on, and the adoption of instructional materials, including those 362
instructional materials used to provide instruction required by 363
s. 1003.42 teach reproductive health or any disease, including 364
HIV/AIDS, under ss. 1003.42(3) and 1003.46 , which satisfies the 365
requirements of s. 1006.283(2)(b)8., 9., and 11. 366
Section 9. Subsection (3) of section 1011.10, Florida 367
Statutes, is amended to read: 368
1011.10 Penalty.— 369
(3) If any of the conditions identified in s. 218.503(1) 370
exist within a school district, the salary of each district 371
school board member and district superintendent, calculated 372
pursuant to s. ss. 1001.395 and 1001.47, and the salary of each 373
district school board member shall be withheld until the 374
conditions are corrected. This subsection does not apply to a 375
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district school board member or district superintendent elected 376
or appointed within 1 year after the identification of the 377
conditions in s. 218.503(1) if he or she did not participate in 378
the approval or preparation of the final school district budget 379
adopted before the identification of such conditions. 380
Section 10. This act shall take effect July 1, 2022. 381