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F L O R I D A H O U S E O F R E P RE S E N T A T I V E S
A bill to be entitled 1
An act relating to K -12 education; amending s. 2
1001.35, F.S.; establishing term limits for school 3
board members; amending s. 1006.28, F.S.; deleting a 4
requirement that district school boards maintain a 5
specified list on their websites; requiring certain 6
meetings relating to instructional materials to be 7
noticed and open to the public; providing requirements 8
for the membership of committees related to 9
instructional materials; requiring certain individuals 10
involved in selecting library materials to complete a 11
specified training; requiring certain materials to be 12
selected by employees who meet specified criteria; 13
requiring district school boards to adopt procedures 14
for developing library media center collections; 15
providing requirements for such procedures; requ iring 16
elementary schools, district school boards, and the 17
Department of Education to post on their websites 18
specified information relating to instructional 19
materials and other materials in certain formats; 20
providing district school board requirements; 21
providing school principals are responsible for 22
overseeing compliance with specified procedures 23
relating to library media center materials; amending 24
s. 1006.29, F.S.; revising requirements for the 25
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F L O R I D A H O U S E O F R E P RE S E N T A T I V E S
department relating to the development of training 26
programs for the selection of materials used in 27
schools and library media centers; amending s. 28
1006.40, F.S.; revising district school board 29
requirements for the selection and adoption of certain 30
materials; providing an effective date. 31
32
Be It Enacted by the Legisl ature of the State of Florida: 33
34
Section 1. Section 1001.35, Florida Statutes, is amended 35
to read: 36
1001.35 Term of office. —District school board members 37
shall be elected at the general election in November for terms 38
of 4 years except that a person may not appear on the ballot for 39
reelection to the office of school board member if, by the end 40
of his or her current term of office, the person will have 41
served, or but for resignation would have served, in that office 42
for 8 consecutive years. Service of a t erm of office which 43
commenced before November 8, 2022, will not be counted toward 44
the limitation imposed by this section . 45
Section 2. Paragraphs (a) and (d) of subsection (2) and 46
subsection (4) of section 1006.28, Florida Statutes, are 47
amended, and paragraph (e) is added to subsection (2) of that 48
section, to read: 49
1006.28 Duties of district school board, district school 50
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superintendent; and school principal regarding K -12 51
instructional materials. — 52
(2) DISTRICT SCHOOL BOARD. —The district school board h as 53
the constitutional duty and responsibility to select and provide 54
adequate instructional materials for all students in accordance 55
with the requirements of this part. The district school board 56
also has the following specific duties and responsibilities: 57
(a) Courses of study; adoption. —Adopt courses of study, 58
including instructional materials, for use in the schools of the 59
district. 60
1. Each district school board is responsible for the 61
content of all instructional materials and any other materials 62
used in a classroom, made available in a school library, or 63
included on a reading list, whether adopted and purchased from 64
the state-adopted instructional materials list, adopted and 65
purchased through a district instructional materials program 66
under s. 1006.283, or otherwise purchased or made available. 67
Each district school board shall maintain on its website a 68
current list of instructional materials, by grade level, 69
purchased by the district. 70
2. Each district school board must adopt a policy 71
regarding an objection by a parent or a resident of the county 72
to the use of a specific instructional material, which clearly 73
describes a process to handle all objections and provides for 74
resolution. The process must provide the parent or resident the 75
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opportunity to proffer evidence to the district school board 76
that: 77
a. An instructional material does not meet the criteria of 78
s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 79
a course or otherwise made available to students in the school 80
district but was not su bject to the public notice, review, 81
comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 82
and 11. 83
b. Any material used in a classroom, made available in a 84
school library, or included on a reading list contains content 85
that is pornographic or pro hibited under s. 847.012, is not 86
suited to student needs and their ability to comprehend the 87
material presented, or is inappropriate for the grade level and 88
age group for which the material is used. 89
90
If the district school board finds that an instructional 91
material does not meet the criteria under sub -subparagraph a. or 92
that any other material contains prohibited content under sub -93
subparagraph b., the school district shall discontinue use of 94
the material for any grade level or age group for which such use 95
is inappropriate or unsuitable. 96
3. Each district school board must establish a process by 97
which the parent of a public school student or a resident of the 98
county may contest the district school board 's adoption of a 99
specific instructional material. The parent or resident must 100
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file a petition, on a form provided by the school board, within 101
30 calendar days after the adoption of the instructional 102
material by the school board. The school board must make the 103
form available to the public and publish the form on the school 104
district's website. The form must be signed by the parent or 105
resident, include the required contact information, and state 106
the objection to the instructional material based on the 107
criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days 108
after the 30-day period has expired, the school board must, for 109
all petitions timely received, conduct at least one open public 110
hearing before an unbiased and qualified hearing officer. The 111
hearing officer may not be an employee or agent of the school 112
district. The hearing is not subject to the provisions of 113
chapter 120; however, the hearing must provide sufficient 114
procedural protections to allow each petitioner an adequate and 115
fair opportunity to be hea rd and present evidence to the hearing 116
officer. The school board's decision after convening a hearing 117
is final and not subject to further petition or review. 118
4. Meetings of committees convened for the purpose of 119
ranking, eliminating, or selecting instruc tional materials for 120
recommendation to the district school board must be noticed and 121
open to the public in accordance with s. 286.011. Any committees 122
convened for such purposes must include parents of district 123
students. 124
(d) School library media services; establishment and 125
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maintenance.—Establish and maintain a program of school library 126
media services for all public schools in the district, including 127
school library media centers, or school library media centers 128
open to the public, and, in addition such trav eling or 129
circulating libraries as may be needed for the proper operation 130
of the district school system. Each school district shall 131
provide training to School librarians, and media specialists, 132
and other personnel involved in the selection of school distric t 133
library materials must complete the training program developed 134
pursuant to s. 1006.29(5) before reviewing and selecting 135
regarding the prohibition against distributing harmful materials 136
to minors under s. 847.012 and applicable case law, and best 137
practices for providing students access to age-appropriate 138
materials and library resources. Upon written request, a school 139
district shall provide access to any material or book specified 140
in the request that is maintained in a district school system 141
library and is available for review. 142
1. Each book made available to students through a school 143
district library media center or included in a recommended or 144
assigned school or grade -level reading list must be selected by 145
a school district employee who holds a valid educ ational media 146
specialist certificate, regardless of whether the book is 147
purchased, donated, or otherwise made available to students. 148
2. Each district school board shall adopt procedures for 149
developing library media center collections and post the 150
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procedures on the website for each school within the district. 151
The procedures must: 152
a. Require that book selections meet the criteria in s. 153
1006.40(3)(d). 154
b. Require consultation of reputable, professionally 155
recognized reviewing periodicals and school communi ty 156
stakeholders. 157
c. Provide for library media center collections based on 158
reader interest, support of state academic standards and aligned 159
curriculum, and the academic needs of students and faculty. 160
d. Provide for the regular removal or discontinuance of 161
books based on, at a minimum, physical condition, rate of recent 162
circulation, alignment to state academic standards and relevancy 163
to curriculum, out-of-date content, and required removal 164
pursuant to subparagraph (a)2. 165
3. Each elementary school must pu blish on its website, in 166
a searchable format prescribed by the department, a list of all 167
materials maintained in the school library media center or 168
required as part of a school or grade -level reading list. 169
(e) Public participation. —Publish on its website , in a 170
searchable format prescribed by the department, a list of all 171
instructional materials, including those used to provide 172
instruction required by s. 1003.42. Each district school board 173
must: 174
1. Provide access to all materials, excluding teacher 175
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editions, in accordance with s. 1006.283(2)(b)8.a. before the 176
district school board takes any official action on such 177
materials. This process must include reasonable safeguards 178
against the unauthorized use, reproduction, and distribution of 179
instructional materi als considered for adoption. 180
2. Select, approve, adopt, or purchase all materials as a 181
separate line item on the agenda and must provide a reasonable 182
opportunity for public comment. The use of materials described 183
in this paragraph may not be selected, ap proved, or adopted as 184
part of a consent agenda. 185
3. Annually, beginning June 30, 2023, submit to the 186
Commissioner of Education a report that identifies: 187
a. Each material not purchased from the state -adopted list 188
for which the school district received an objection pursuant to 189
subparagraph (a)2. for the school year and the specific 190
objections thereto. 191
b. Each material that was removed or discontinued as a 192
result of an objection. 193
c. The grade level and course for which a removed or 194
discontinued material was used, as applicable. 195
196
The department shall publish and regularly update a list of 197
materials that were removed or discontinued as a result of an 198
objection and disseminate the list to school districts for 199
consideration in their selection procedures. 200
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(4) SCHOOL PRINCIPAL. —The school principal has the 201
following duties for the management and care of instructional 202
materials at the school: 203
(a) Proper use of instructional materials. —The principal 204
shall assure that instructional materials are used to provid e 205
instruction to students enrolled at the grade level or levels 206
for which the materials are designed, pursuant to adopted 207
district school board rule. The school principal shall 208
communicate to parents the manner in which instructional 209
materials are used to implement the curricular objectives of the 210
school. 211
(b) Money collected for lost or damaged instructional 212
materials; enforcement. —The school principal shall collect from 213
each student or the student's parent the purchase price of any 214
instructional material the student has lost, destroyed, or 215
unnecessarily damaged and to report and transmit the money 216
collected to the district school superintendent. The failure to 217
collect such sum upon reasonable effort by the school principal 218
may result in the suspension of the student from participation 219
in extracurricular activities or satisfaction of the debt by the 220
student through community service activities at the school site 221
as determined by the school principal, pursuant to policies 222
adopted by district school board rul e. 223
(c) Sale of instructional materials. —The school principal, 224
upon request of the parent of a student in the school, shall 225
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sell to the parent any instructional materials used in the 226
school. All such sales shall be made pursuant to rule adopted by 227
the district school board, and the principal shall annually 228
provide information to parents that they may purchase 229
instructional materials and how to purchase the materials. 230
(d) Disposition of funds. —All money collected from the 231
sale, exchange, loss, or damage o f instructional materials shall 232
be transmitted to the district school superintendent to be 233
deposited in the district school board fund and added to the 234
district appropriation for instructional materials. 235
(e) Accounting for instructional materials. —Principals 236
shall see that all instructional materials are fully and 237
properly accounted for as prescribed by adopted rules of the 238
district school board. 239
(f) Selection of library media center materials. —School 240
principals are responsible for overseeing compliance with school 241
district procedures for selecting school library media center 242
materials. 243
Section 3. Subsections (2) and (5) of section 1006.29, 244
Florida Statutes, are amended to read: 245
1006.29 State instructional materials reviewers. — 246
(2) For purposes of this part state adoption, the term 247
"instructional materials" means items having intellectual 248
content that by design serve as a major tool for assisting in 249
the instruction of a subject or course. These items may be 250
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F L O R I D A H O U S E O F R E P RE S E N T A T I V E S
available in bound, u nbound, kit, or package form and may 251
consist of hardbacked or softbacked textbooks, electronic 252
content, consumables, learning laboratories, manipulatives, 253
electronic media, and computer courseware or software. A 254
publisher or manufacturer providing instruct ional materials as a 255
single bundle shall also make the instructional materials 256
available as separate and unbundled items, each priced 257
individually. A publisher may also offer sections of state -258
adopted instructional materials in digital or electronic 259
versions at reduced rates to districts, schools, and teachers. 260
(5) The department shall develop a training programs 261
program for persons selected as state instructional materials 262
reviewers and school district reviewers of instructional 263
materials, including thos e used to provide instruction required 264
by s. 1003.42, and any materials maintained in the district 265
school library media centers or included on a reading list . The 266
programs program shall be structured to assist reviewers in 267
complying with the requirements of s. 1006.31(2) developing the 268
skills necessary to make valid, culturally sensitive, and 269
objective decisions regarding the content and rigor of 270
instructional materials . All persons serving as instructional 271
materials reviewers must complete a the training program before 272
prior to beginning the review and selection process. 273
Section 4. Paragraph (b) of subsection (4) of section 274
1006.40, Florida Statutes, is amended to read: 275
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1006.40 Use of instructional materials allocation; 276
instructional materials, libra ry books, and reference books; 277
repair of books.— 278
(4) Each district school board is responsible for the 279
content of all materials used in a classroom or otherwise made 280
available to students. Each district school board shall adopt 281
rules, and each district s chool superintendent shall implement 282
procedures, that: 283
(b) Provide a process for public review of, public comment 284
on, and the adoption of instructional materials, including those 285
instructional materials used to provide instruction required by 286
s. 1003.42 teach reproductive health or any disease, including 287
HIV/AIDS, under ss. 1003.42(3) and 1003.46 , which satisfies the 288
requirements of s. 1006.283(2)(b)8., 9., and 11. 289
Section 5. This act shall take effect July 1, 2022. 290