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A bill to be entitled 1
An act relating to K -12 education; amending s. 145.19, 2
F.S.; conforming provisions to changes made by the 3
act; amending s. 1001.39, F.S.; providing for certain 4
district board members to receive a specified amount 5
of money for specified services; providing 6
limitations; amending s. 1001.395, F.S.; prohibiting 7
district school board members elected or reelected on 8
or after a date certain from receiving a salary; 9
authorizing such district school board members to 10
receive specified reimbursements; providing for the 11
future repeal of the section; amending ss. 1001.43 and 12
1002.32, F.S.; conforming provisions to changes made 13
by the act; amending s. 1006.28, F.S.; deleting a 14
requirement that district school boards maintain a 15
specified list on their websites; requiring certain 16
meetings relating to instructional materials to be 17
noticed and open to the public; providing requirements 18
for the membership of committees related to 19
instructional materials; requiring certain individuals 20
involved in selecting library materials to complete a 21
specified training; requiring certain materials to be 22
selected by employees who meet specified criteria; 23
requiring district school boards to adopt pro cedures 24
for developing library media center collections; 25
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providing requirements for such procedures; requiring 26
elementary schools, district school boards, and the 27
Department of Education to post on their websites 28
specified information relating to instructi onal 29
materials and other materials in certain formats; 30
providing district school board requirements; 31
providing school principals are responsible for 32
overseeing compliance with specified procedures 33
relating to library media center materials; amending 34
s. 1006.29, F.S.; revising requirements for the 35
department relating to the development of training 36
programs for the selection of materials used in 37
schools and library media centers; amending s. 38
1006.40, F.S.; revising district school board 39
requirements for the s election and adoption of certain 40
materials; amending s. 1011.10, F.S.; conforming 41
provisions to changes made by the act; providing an 42
effective date. 43
44
Be It Enacted by the Legislature of the State of Florida: 45
46
Section 1. Subsection (2) of section 1 45.19, Florida 47
Statutes, is amended to read: 48
145.19 Annual percentage increases based on increase for 49
state career service employees; limitation. — 50
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(2) Each fiscal year, the salaries of all officials listed 51
in this chapter, s. 1001.395, and s. 1001.47 shall be adjusted. 52
The adjusted salary rate shall be the product, rounded to the 53
nearest dollar, of the salary rate granted by the appropriate 54
section of this chapter, s. 1001.395, or s. 1001.47 multiplied 55
first by the initial factor, then by the cumulative annual 56
factor, and finally by the annual factor. The Department of 57
Management Services shall certify the annual factor and the 58
cumulative annual factors. Any special qualification salary 59
received under this chapter, s. 1001.47, or the annual 60
performance salary incentive available to elected 61
superintendents under s. 1001.47 shall be added to such adjusted 62
salary rate. The special qualification salary shall be $2,000, 63
but shall not exceed $2,000. 64
Section 2. Subsection (1) of section 1001.39, Florida 65
Statutes, is amended and subsection (3) is added to that 66
section, to read: 67
1001.39 District school board members; reimbursements 68
travel expenses.— 69
(1) In addition to the salary provided in s. 1001.395, 70
Each member of a district school board shall be allowe d, from 71
the district school fund, reimbursement of travel expenses as 72
authorized in s. 112.061, provided that any travel outside the 73
district that exceeds $500 requires prior approval by the 74
district school board to confirm that such travel is for 75
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official business of the school district and complies with rules 76
of the State Board of Education. Any request for travel outside 77
the state must include an itemized list detailing all 78
anticipated travel expenses, including, but not limited to, the 79
anticipated costs of all means of travel, lodging, and 80
subsistence. Immediately preceding a request, the public must 81
have an opportunity to speak on the specific travel agenda item. 82
(3) Each member of a district school board who does not 83
receive a salary shall be entitle d to receive for his or her 84
services an amount not to exceed $200 per regular and special 85
meeting held pursuant to s. 1001.372, not to exceed $4,800 per 86
year per member. 87
Section 3. Subsections (4) and (5) are added to section 88
1001.395, Florida Statutes , to read: 89
1001.395 District school board members; compensation. — 90
(4) Notwithstanding subsection (1), a district school 91
board member who is newly elected or reelected on or after 92
August 1, 2022, may not receive a salary. However, a school 93
board member may still receive reimbursements as provided by s. 94
1001.39. 95
(5) This section is repealed January 1, 2025. 96
Section 4. Subsection (10) of section 1001.43, Florida 97
Statutes, is amended to read: 98
1001.43 Supplemental powers and duties of district scho ol 99
board.—The district school board may exercise the following 100
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supplemental powers and duties as authorized by this code or 101
State Board of Education rule. 102
(10) DISTRICT SCHOOL BOARD GOVERNANCE AND OPERATIONS. —The 103
district school board may adopt policies and procedures 104
necessary for the daily business operation of the district 105
school board, including, but not limited to, the provision of 106
legal services for the district school board; conducting a 107
district legislative program; district school board member 108
participation at conferences, conventions, and workshops, 109
including member compensation and reimbursement for expenses; 110
district school board policy development, adoption, and repeal; 111
district school board meeting pro cedures, including 112
participation via telecommunications networks, use of technology 113
at meetings, and presentations by nondistrict personnel; citizen 114
communications with the district school board and with 115
individual district school board members; collaborat ion with 116
local government and other entities as required by law; and 117
organization of the district school board, including special 118
committees and advisory committees. Members of special 119
committees and advisory committees may attend meetings in person 120
or through the use of telecommunications networks such as 121
telephonic and video conferencing. 122
Section 5. Paragraph (a) of subsection (10) of section 123
1002.32, Florida Statutes, is amended to read: 124
1002.32 Developmental research (laboratory) schools. — 125
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(10) EXCEPTIONS TO LAW.—To encourage innovative practices 126
and facilitate the mission of the lab schools, in addition to 127
the exceptions to law specified in s. 1001.23(1), the following 128
exceptions shall be permitted for lab schools: 129
(a) The methods and requirem ents of the following statutes 130
shall be held in abeyance: ss. 316.75; 1001.30; 1001.31; 131
1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362; 132
1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39; 133
1001.395; 1001.40; 1001.41; 1001.44; 1001.453; 1001.46; 134
1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48; 135
1001.49; 1001.50; 1001.51; 1006.12(2); 1006.21(3), (4); 1006.23; 136
1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43; 1010.44; 137
1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50; 1010.51; 138
1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1) -(3), (5); 139
1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71; 1011.72; 140
1011.73; and 1011.74. 141
Section 6. Paragraphs (a) and (d) of subsection (2) and 142
subsection (4) of section 1006.28, Florida Statutes, are 143
amended, and paragraph (e) is added to subsection (2) of that 144
section, to read: 145
1006.28 Duties of district school board, district school 146
superintendent; and school principal regarding K -12 147
instructional materials. — 148
(2) DISTRICT SCHOOL BOARD. —The district school board has 149
the constitutional duty and responsibility to select and provide 150
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adequate instructional materials for all students in accordance 151
with the requirements of this part. The district school board 152
also has the following specific duties and re sponsibilities: 153
(a) Courses of study; adoption. —Adopt courses of study, 154
including instructional materials, for use in the schools of the 155
district. 156
1. Each district school board is responsible for the 157
content of all instructional materials and any other materials 158
used in a classroom, made available in a school library, or 159
included on a reading list, whether adopted and purchased from 160
the state-adopted instructional materials list, adopted and 161
purchased through a district instructional materials program 162
under s. 1006.283, or otherwise purchased or made available. 163
Each district school board shall maintain on its website a 164
current list of instructional materials, by grade level, 165
purchased by the district. 166
2. Each district school board must adopt a policy 167
regarding an objection by a parent or a resident of the county 168
to the use of a specific instructional material, which clearly 169
describes a process to handle all objections and provides for 170
resolution. The process must provide the parent or resident the 171
opportunity to proffer evidence to the district school board 172
that: 173
a. An instructional material does not meet the criteria of 174
s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 175
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a course or otherwise made available to students in the school 176
district but was not subject to the public notice, review, 177
comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 178
and 11. 179
b. Any material used in a classroom, made available in a 180
school library, or included on a reading list contains content 181
that is pornographic or prohibited under s. 847.012, is not 182
suited to student needs and their ability to comprehend the 183
material presented, or is inappropriate for the grade level and 184
age group for which the material is used. 185
186
If the district school board finds that an instructional 187
material does not meet the criteria under sub -subparagraph a. or 188
that any other material contains prohibited content under sub -189
subparagraph b., the school district shall discontinue use of 190
the material for any grade level or age group for which such use 191
is inappropriate or unsuitable. 192
3. Each district school board must establish a process by 193
which the parent of a public school student or a resident of the 194
county may contest the district school board's adoption of a 195
specific instructional material. The parent or resident must 196
file a petition, on a form provided by the school board, within 197
30 calendar days after the adoption of the instructional 198
material by the school board. The school board must make the 199
form available to the public and pu blish the form on the school 200
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district's website. The form must be signed by the parent or 201
resident, include the required contact information, and state 202
the objection to the instructional material based on the 203
criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days 204
after the 30-day period has expired, the school board must, for 205
all petitions timely received, conduct at least one open public 206
hearing before an unbiased and qualified hearing officer. The 207
hearing officer may not be an employee or agent of the school 208
district. The hearing is not subject to the provisions of 209
chapter 120; however, the hearing must provide sufficient 210
procedural protections to allow each petitioner an adequate and 211
fair opportunity to be heard and present evidence to the hearing 212
officer. The school board's decision after convening a hearing 213
is final and not subject to further petition or review. 214
4. Meetings of committees convened for the purpose of 215
ranking, eliminating, or selecting instructional materials for 216
recommendation to the district school board must be noticed and 217
open to the public in accordance with s. 286.011. Any committees 218
convened for such purposes must include parents of district 219
students. 220
(d) School library media services; establishment and 221
maintenance.—Establish and maintain a program of school library 222
media services for all public schools in the district, including 223
school library media centers, or school library media centers 224
open to the public, and, in addition such traveling or 225
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circulating libraries as may b e needed for the proper operation 226
of the district school system. Each school district shall 227
provide training to School librarians, and media specialists, 228
and other personnel involved in the selection of school district 229
library materials must complete the t raining program developed 230
pursuant to s. 1006.29(5) before reviewing and selecting 231
regarding the prohibition against distributing harmful materials 232
to minors under s. 847.012 and applicable case law, and best 233
practices for providing students access to age-appropriate 234
materials and library resources. Upon written request, a school 235
district shall provide access to any material or book specified 236
in the request that is maintained in a district school system 237
library and is available for review. 238
1. Each book made available to students through a school 239
district library media center or included in a recommended or 240
assigned school or grade -level reading list must be selected by 241
a school district employee who holds a valid educational media 242
specialist certificate, r egardless of whether the book is 243
purchased, donated, or otherwise made available to students. 244
2. Each district school board shall adopt procedures for 245
developing library media center collections and post the 246
procedures on the website for each school with in the district. 247
The procedures must: 248
a. Require that book selections meet the criteria in s. 249
1006.40(3)(d). 250
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b. Require consultation of reputable, professionally 251
recognized reviewing periodicals and school community 252
stakeholders. 253
c. Provide for libra ry media center collections based on 254
reader interest, support of state academic standards and aligned 255
curriculum, and the academic needs of students and faculty. 256
d. Provide for the regular removal or discontinuance of 257
books based on, at a minimum, physic al condition, rate of recent 258
circulation, alignment to state academic standards and relevancy 259
to curriculum, out-of-date content, and required removal 260
pursuant to subparagraph (a)2. 261
3. Each elementary school must publish on its website, in 262
a searchable format prescribed by the department, a list of all 263
materials maintained in the school library media center or 264
required as part of a school or grade -level reading list. 265
(e) Public participation. —Publish on its website, in a 266
searchable format prescribed by the department, a list of all 267
instructional materials, including those used to provide 268
instruction required by s. 1003.42. Each district school board 269
must: 270
1. Provide access to all materials, excluding teacher 271
editions, in accordance with s. 1006.283(2)( b)8.a. before the 272
district school board takes any official action on such 273
materials. This process must include reasonable safeguards 274
against the unauthorized use, reproduction, and distribution of 275
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instructional materials considered for adoption. 276
2. Select, approve, adopt, or purchase all materials as a 277
separate line item on the agenda and must provide a reasonable 278
opportunity for public comment. The use of materials described 279
in this paragraph may not be selected, approved, or adopted as 280
part of a consent agenda. 281
3. Annually, beginning June 30, 2023, submit to the 282
Commissioner of Education a report that identifies: 283
a. Each material not purchased from the state -adopted list 284
for which the school district received an objection pursuant to 285
subparagraph (a)2. for the school year and the specific 286
objections thereto. 287
b. Each material that was removed or discontinued as a 288
result of an objection. 289
c. The grade level and course for which a removed or 290
discontinued material was used, as applicabl e. 291
292
The department shall publish and regularly update a list of 293
materials that were removed or discontinued as a result of an 294
objection and disseminate the list to school districts for 295
consideration in their selection procedures. 296
(4) SCHOOL PRINCIPAL. —The school principal has the 297
following duties for the management and care of instructional 298
materials at the school: 299
(a) Proper use of instructional materials. —The principal 300
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shall assure that instructional materials are used to prov ide 301
instruction to students enrolled at the grade level or levels 302
for which the materials are designed, pursuant to adopted 303
district school board rule. The school principal shall 304
communicate to parents the manner in which instructional 305
materials are used t o implement the curricular objectives of the 306
school. 307
(b) Money collected for lost or damaged instructional 308
materials; enforcement. —The school principal shall collect from 309
each student or the student's parent the purchase price of any 310
instructional materi al the student has lost, destroyed, or 311
unnecessarily damaged and to report and transmit the money 312
collected to the district school superintendent. The failure to 313
collect such sum upon reasonable effort by the school principal 314
may result in the suspension o f the student from participation 315
in extracurricular activities or satisfaction of the debt by the 316
student through community service activities at the school site 317
as determined by the school principal, pursuant to policies 318
adopted by district school board r ule. 319
(c) Sale of instructional materials. —The school principal, 320
upon request of the parent of a student in the school, shall 321
sell to the parent any instructional materials used in the 322
school. All such sales shall be made pursuant to rule adopted by 323
the district school board, and the principal shall annually 324
provide information to parents that they may purchase 325
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instructional materials and how to purchase the materials. 326
(d) Disposition of funds. —All money collected from the 327
sale, exchange, loss, or damage of instructional materials shall 328
be transmitted to the district school superintendent to be 329
deposited in the district school board fund and added to the 330
district appropriation for instructional materials. 331
(e) Accounting for instructional materials. —Principals 332
shall see that all instructional materials are fully and 333
properly accounted for as prescribed by adopted rules of the 334
district school board. 335
(f) Selection of library media center materials. —School 336
principals are responsible for overseeing complian ce with school 337
district procedures for selecting school library media center 338
materials. 339
Section 7. Subsections (2) and (5) of section 1006.29, 340
Florida Statutes, are amended to read: 341
1006.29 State instructional materials reviewers. — 342
(2) For purposes of this part state adoption, the term 343
"instructional materials" means items having intellectual 344
content that by design serve as a major tool for assisting in 345
the instruction of a subject or course. These items may be 346
available in bound, unbound, kit, or p ackage form and may 347
consist of hardbacked or softbacked textbooks, electronic 348
content, consumables, learning laboratories, manipulatives, 349
electronic media, and computer courseware or software. A 350
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publisher or manufacturer providing instructional materials a s a 351
single bundle shall also make the instructional materials 352
available as separate and unbundled items, each priced 353
individually. A publisher may also offer sections of state -354
adopted instructional materials in digital or electronic 355
versions at reduced rat es to districts, schools, and teachers. 356
(5) The department shall develop a training programs 357
program for persons selected as state instructional materials 358
reviewers and school district reviewers of instructional 359
materials, including those used to provide instruction required 360
by s. 1003.42, and any materials maintained in the district 361
school library media centers or included on a reading list . The 362
programs program shall be structured to assist reviewers in 363
complying with the requirements of s. 1006.31(2) developing the 364
skills necessary to make valid, culturally sensitive, and 365
objective decisions regarding the content and rigor of 366
instructional materials . All persons serving as instructional 367
materials reviewers must complete a the training program before 368
prior to beginning the review and selection process. 369
Section 8. Paragraph (b) of subsection (4) of section 370
1006.40, Florida Statutes, is amended to read: 371
1006.40 Use of instructional materials allocation; 372
instructional materials, library books, and refe rence books; 373
repair of books.— 374
(4) Each district school board is responsible for the 375
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content of all materials used in a classroom or otherwise made 376
available to students. Each district school board shall adopt 377
rules, and each district school superintende nt shall implement 378
procedures, that: 379
(b) Provide a process for public review of, public comment 380
on, and the adoption of instructional materials, including those 381
instructional materials used to provide instruction required by 382
s. 1003.42 teach reproductive health or any disease, including 383
HIV/AIDS, under ss. 1003.42(3) and 1003.46 , which satisfies the 384
requirements of s. 1006.283(2)(b)8., 9., and 11. 385
Section 9. Subsection (3) of section 1011.10, Florida 386
Statutes, is amended to read: 387
1011.10 Penalty.— 388
(3) If any of the conditions identified in s. 218.503(1) 389
exist within a school district, the salary of each district 390
school board member and district superintendent, calculated 391
pursuant to s. ss. 1001.395 and 1001.47, and the salary of each 392
district school board member shall be withheld until the 393
conditions are corrected. This subsection does not apply to a 394
district school board member or district superintendent elected 395
or appointed within 1 year after the identification of the 396
conditions in s. 218.503(1) if he or she did not participate in 397
the approval or preparation of the final school district budget 398
adopted before the identification of such conditions. 399
Section 10. This act shall take effect July 1, 2022. 400