This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1467a.EEC
DATE: 1/21/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1467 K-12 Education
SPONSOR(S): Garrison
TIED BILLS: None IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Education & Employment Committee 13 Y, 7 N Aaronson Hassell
2) Appropriations Committee
SUMMARY ANALYSIS
Florida’s Constitution provides that each school district may include a school board of five or more elected
members that work to operate, control, and supervise public schools in the district. Currently, each member of
a district school board earns a salary based on the population of the county the district school board member
serves. The bill repeals the law establishing school board member compensation.
The bill increases the transparency and accountability for selecting and using instructional materials and library
materials in schools by:
requiring that certain school district instructional material review committee meetings be noticed and
open to the public;
requiring school district personnel who are involved in reviewing and selecting certain instructional
materials and library materials to complete training developed by the Department of Education (DOE)
on selecting quality, age-appropriate books, prior to making selections;
requiring school districts to adopt and publicly post procedures for developing library media center
collections;
requiring each elementary school to post on its website a list of all materials maintained in the school
library or required in a classroom booklist;
requiring that each material in a school library or classroom booklist be selected by a certified
educational media specialist;
requiring school districts to provide access to all materials for public inspection as allowed by law and to
publish a list of all materials available to students on the school website in a searchable format;
requiring school districts to provide a public review process for the adoption of all materials and to
select, approve, adopt, or purchase materials as a separate line item on a board meeting agenda and
provide reasonable opportunity for public comment;
beginning June 30, 2022, requiring school districts annually to submit to the Commissioner of
Education a report identifying materials for which the school district received an objection for the school
year and requiring the DOE to publish removed or discontinued materials as a result of an objection;
and
requiring that school principals oversee compliance with school library media center materials selection
procedures.
The bill has an indeterminate fiscal impact. See fiscal comments, infra.
The bill takes effect on July 1, 2022. STORAGE NAME: h1467a.EEC PAGE: 2
DATE: 1/21/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
District School Board Members’ Salaries
Present Situation
Florida’s Constitution provides that each county shall constitute a school district, to include a school
board composed of five or more members chosen by vote. School board duties including operating,
controlling, and supervising all public schools in a school district and determining the rate of school
district taxes.
1
Currently, Florida law dictates a base salary for each member of a district school board. The base
salary is dependent upon the population of the county the district school board member serves. In
2009, district school board members were authorized to voluntarily reduce their salary.
2
In 2018, the
Legislature aligned district school board member salaries with the beginning teacher salary or the
amount calculated by statute, or whatever is less.
3
The below chart establishes the salary calculation to
determine school board member’s salaries.
4
Pop. Group County Pop. Range Base Salary Group Rate
Minimum Maximum
I -0- 9,999 $5,000 $0.08330
II 10,000 49,999 5,833 0.020830
III 50,000 99,999 6,666 0.016680
IV 100,000 199,999 7,500 0.008330
V 200,000 399,999 8,333 0.004165
VI 400,000 999,999 9,166 0.001390
VII 1,000,000 10,000 0.000000
In Fiscal Year 2021-2022, elected school board member salaries ranged between $26,965 (Liberty
County) to $47,189 (Broward, Hillsborough, Miami-Dade, Orange, and Palm Beach counties).
5
The district is also authorized to reimburse travel expenses for district school board members from the
district school fund. Travel outside the district that exceeds $500 requires approval by the school board
to confirm that the travel is for official business, and all travel outside of the state must include an
itemized list detailing all anticipated expenses.
6
Effect of Proposed Changes
The bill repeals Section 1001.935, Florida Statutes, removing the authority for newly elected school
board members to receive a salary. School board members may still receive reimbursement for travel
expenses.
Curriculum and Library Materials in Florida Public Schools
1
Art. IX, s. 4(a), Fla. Const.
2
Section 1, ch. 2009-3, L.O.F.
3
Section 5, ch. 2018-5, L.O.F.
4
Section 1001.395(1), F.S.
5
The Florida Legislature’s Office of Economic and Demographic Research, Salaries of Elected County Constitutional Officers and
School District Officials for Fiscal Year 2021-22 (2021), pgs. 12-13, available at
https://www.flsenate.gov/Session/Bill/2021/1461/Analyses/h1461a.SEC.PDF.
6
Section 1001.39, F.S. STORAGE NAME: h1467a.EEC PAGE: 3
DATE: 1/21/2022
Present Situation
Instructional Materials Adoption
Each district school board has the constitutional duty and responsibility to select and provide adequate
instructional materials to each student for core courses in mathematics, language arts, science, social
studies, reading, and literature for kindergarten through grade 12.
7
“Adequate instructional materials”
are defined by law as a sufficient number of student or site licenses or sets of materials that are
available in bound, unbound, kit, or package form and may consist of hardbacked or softbacked
textbooks, electronic content, consumables, learning laboratories, manipulatives, electronic media, and
computer courseware or software that serve as the basis for instruction for students.
8
The Florida Department of Education (DOE) facilitates the instructional materials adoption process
statewide through evaluation of materials submitted by publishers and manufacturers.
9
Expert
reviewers chosen by the DOE must objectively evaluate materials based on alignment to Florida’s
state-adopted standards, accuracy, and appropriateness for age and grade level.
10
Based on reviewer
recommendations of materials that are “suitable, usable, and desirable,” the Commissioner of
Education then selects and adopts instructional materials for each grade and subject under
consideration.
11
The DOE must provide training to instructional materials reviewers on competencies
for making valid, culturally sensitive, and objective recommendations prior to the reviewers beginning
the review and selection process.
12
After adoption, the DOE must make the final report of instructional materials available at all times for
public inspection. The DOE Office of Instructional Materials announces the adoption by publicly posting
the list on its website, as well as emailing district instructional materials contacts with the newly
approved materials.
13
School districts receive an allocation of state funds each year for instructional materials, library books,
and reference books.
14
Unless a school district has implemented its own instructional materials review
process,
15
at least 50 percent of the allocation of funds must be used to purchase instructional
materials on the state-adopted list.
16
The remaining 50 percent of the annual allocation may be used for
the purchase of library and reference books, nonprint materials, and the repair and renovation of
materials; however, such materials are not subject to the same school-district adoption procedures as
instructional materials.
17
Each district school board is required to maintain a list of all purchased
instructional materials, by grade level, on its website.
18
Prior to the purchase of any instructional material, whether from the state-adopted list or through a
district-established instructional materials review process, a district school board must:
establish a process to allow student editions of recommended instructional materials to be
accessed and viewed online by the public at least 20 calendar days before the required school
board hearing and public meeting;
7
See s. 1006.40(2), F.S.
8
Section 1006.28(1), F.S. Digital and instructional materials, including software applications, must be provided by each school board,
in consultation with the district school superintendent, to students with disabilities in prekindergarten through grade 12. Section
1003.4203(2), F.S.
9
Section 1006.34(1), F.S.
10
Section 1006.31, F.S.
11
Section 1006.34(2)(a), F.S. Generally, the commissioner adopts instructional materials according to a 5-year rotating schedule. The
commissioner may approve a shorter schedule if the content area requires more frequent revision. Section 1006.36(1), F.S.
12
Section 1006.29(5), F.S.
13
Florida Department of Education, Instructional Materials, Archive, https://www.fldoe.org/academics/standards/instructional-
materials/archive/ (last visited Jan. 1, 2022). The DOE website has all adopted instructional materials lists from 2005 to present.
14
See Specific Appropriations
15
See s. 1006.283, F.S.
16
Section 1006.34, F.S. All adopted materials are posted on the DOE Instructional Materials webpage. Florida Department of
Education, Instructional Materials, https://www.fldoe.org/academics/standards/instructional-materials/ (last visited January 17, 2022).
17
See s. 1006.40(3)(b), F.S.
18
Section 1006.28(2)(a)(1), F.S. STORAGE NAME: h1467a.EEC PAGE: 4
DATE: 1/21/2022
conduct an open, noticed school board hearing to receive public comment on the recommended
instructional materials;
conduct an open, noticed public meeting, on another date, to approve an annual instructional
materials plan to identify any instructional materials that will be purchased;
provide notice for the school board hearing and the public meeting that specifically states the
instructional materials being reviewed and how they can be accessed for public review; and
establish a process for public comment on, and review of, the recommended instructional
materials.
19
The below graphic portrays the state and district level adoption of instructional materials compared to
the adoption of all other materials, including library media materials.
20
As part of the adoption process, some school districts convene a committee composed of teachers and
other stakeholders to provide a preliminary review of instructional materials and make
recommendations to the district school board for adoption.
21
Not all instructional materials review
committee meetings are noticed and open to the public. However, in September 2021, the Second
District Court of Appeal held that when a district school board delegates decision-making authority to an
19
Sections 1006.40(4)(b) and 1006.283(2)(b)8., 9., and 11., F.S.
20
Florida House of Representatives, Education and Employment Committee, Instructional Materials Fact Sheet (2020).
21
See The School District of Palm Beach County, District Instructional Materials Guidelines for Selection Procedures, available at
https://p14cdn4static.sharpschool.com/UserFiles/Servers/Server_270532/File/Students%20&%20Parents/Textbooks/Guidelines%20fo
r%20District%20Adoptions.pdf. STORAGE NAME: h1467a.EEC PAGE: 5
DATE: 1/21/2022
instructional materials review committee, any meeting in which the committee exercises the authority to
rank, eliminate, or select materials for final approval by the school board must be noticed and open in
accordance with the Sunshine Law.
22
Library Media and Other Materials
In addition to instructional materials, each district school board is responsible for the content of any
other materials used in the classroom, made available in a school library, or included on a reading list,
whether adopted and purchased from the state-adopted instructional materials list, adopted and
purchased through a district instructional materials program, or otherwise purchased or made
available.
23
The Office of Library Media Services at the DOE supports district library media supervisors to help
create and maintain quality library programs and foster a love of reading and effective use of ideas and
information by students and faculty.
24
Librarians/Media Specialists
Librarians/media specialists are defined by law as staff members responsible for evaluating, selecting,
organizing, and managing media and technology resources, equipment, and related systems. They are
also responsible for working with teachers and students to make resources available in instructional
programs, media productions, and location and use of information resources.
25
Educators in Florida
may become certified educational media specialists through the DOE certification process, but Florida
schools are not required to employ a certified educational media specialist.
To become a certified educational media specialist in grades prekindergarten through 12, an individual
must complete one of the following pathways:
26
a bachelor’s degree or higher with an undergraduate or graduate major in educational media or
library science; or
a bachelor’s degree or higher with thirty semester hours in educational media or library science
to include credit in management of library media programs, collection development, library
media resources, reference sources and services, organization of collections, and design and
production of educational media.
Each school district must provide training to school librarians and media specialists regarding the
prohibition against distributing harmful materials to minors, and best practices for providing students
access to age-appropriate materials and library resources.
27
Selection Processes of Library Media Materials
The selection of instructional materials, library media, and other reading materials used in the public-
school system must include consideration of the age of the students who normally could be expected to
have access to the material, the educational purpose to be served by the material, the degree to which
the material would be supplemented and explained by classroom programs, and the consideration of
the diversity of the students in Florida.
28
As provided, supra, library media books and materials are not
considered under the state-level instructional materials adoption, and are reviewed and selected at the
school level.
22
Florida Citizens Alliance, Inc. v. School Bd. of Collier Cnty., 328 So.3d 22 (Fla. 2d DCA 2021). Florida's Sunshine Law is
established in s. 286.011, F.S.
23
Section 1006.28(2)(a)1., F.S.
24
Florida Department of Education, Library Media Services, https://www.fldoe.org/academics/standards/subject-areas/library-media-
services-instructional-t/ (last visited Jan. 18, 2022).
25
Section 1012.01(2)(c), F.S.
26
Rule 6A-4.0251, F.A.C.
27
Section 1006.28(2)(d), F.S.
28
Section 1006.34(2)(b), F.S. STORAGE NAME: h1467a.EEC PAGE: 6
DATE: 1/21/2022
School district policies regarding library media materials selection vary. Some school districts have
policies that provide criteria for the selection of materials, with consideration being given to the needs of
the school based on the knowledge of curriculum and existing collection, and the needs of the students
attending the school.
29
Such procedures may include the school media specialist evaluating reputable,
unbiased, and professionally prepared aids such as those published by companies and accepted by the
educational media profession. The school media specialist may also consult with other staff members
of a school regarding evaluation of materials. Some school districts also utilize district handbooks that
provide support for library media specialists.
30
Best practices for developing a school library collection include research on potential books and basing
selections on the goals and objectives of the school and the students’ personal interests and learning.
Materials should be appropriate for the subject area and age, emotional development, ability level,
learning styles, and development of the students for whom the materials are selected.
31
Resources
such as Association for Library Service to Children, Booklist, School Library Journal, Kirkus, and Young
Adult Library Services Association are commonly recommended review sources for school librarians.
32
Several school districts in Florida implement an online, searchable catalogue of all library materials at
each school for parents, students, and the public to access materials.
33
Objection to Materials
Each district school board is required to establish a process by which a parent or resident of the county
may contest the district school board’s adoption of a specific material.
34
Parents must file a petition, on
a form provided by the school board, within 30 calendar days after the adoption of the material. The
school board is required to conduct at least one open public hearing before an unbiased and qualified
hearing officer that is not an employee or agent of the school district. Following the hearing, the school
board’s decision is made and not subject to further petition or review.
35
Required Instruction
Florida law requires certain topics to be taught in kindergarten through grade 12 public schools annually
to ensure coverage of all State Board of Education adopted standards in reading and language arts,
mathematics, science, social studies, foreign languages, health and physical education, and the arts.
36
Instructional personnel must teach these topics efficiently and faithfully, utilizing materials that meet the
highest standards for professionalism and historical accuracy.
37
Districts must submit a report to the Commissioner of Education annually describing how instruction
was provided during the previous school year, including specific courses in which instruction was
29
See, e.g., The School District of Osceola County, Florida, 2021-22 School Board Rules, 4.22 Educational Media Materials
Selection (2021) at 189, available at
https://www.osceolaschools.net/site/handlers/filedownload.ashx?moduleinstanceid=15041&dataid=75567&FileName=___OCSBR%2
02021-22%20121421.pdf.
30
Santa Rosa County School District, Library Media Handbook (2016), available at https://sites.santarosa.k12.fl.us/files/lmshdbk.pdf
(providing a mission statement, the role of the school library media specialist, and the library media center management, evaluation,
and selection protocol).
31
American Library Association, Selection Criteria, School Library Selection Criteria,
https://www.ala.org/tools/challengesupport/selectionpolicytoolkit/criteria (last visited Jan. 17, 2022).
32
Id.
33
See, e.g., Orange County Public Schools, Orange County Library System Website (2021), available at
https://ocps.follettdestiny.com/common/welcome.jsp?context=saas065_0960615. See also Miami-Dade County Public Schools,
Destiny Catalog (2021), available at http://virtuallibrary.dadeschools.net/. School districts including Orange County and Miami-Dade
County use Follett Destiny Library Manager, a commonly used platform for school library management. See Follett Destiny Library
Manager, https://www.follettlearning.com/education-technology/library-management-system. (last visited Jan. 20, 2022).
34
Section 1006.28(2)(a)(3), F.S.
35
Id.
36
Section 1003.42(1), F.S.
37
Section 1003.42(2), F.S. STORAGE NAME: h1467a.EEC PAGE: 7
DATE: 1/21/2022
delivered, a description of materials and resources utilized to deliver instruction, and the professional
qualifications of the person delivering instruction for specified topics.
38
Required instruction topics are not correlated with the instructional materials adoption process at the
DOE; therefore, instructional materials that are purchased by a school district to teach these topics may
not go through a public adoption process as with instructional materials for core courses.
39
For
example, the most recent state instructional materials adoption that included a call for health and
physical education materials was in the 2015-2016 adoption; however, no materials were adopted for
health and physical education for kindergarten through grade 8.
40
The previous year’s adoption, in
2014-2015, adopted three instructional materials for health and physical education courses in high
school grade levels.
41
Effect of Proposed Changes
The bill improves transparency and accountability relating to the selection and use of instructional
materials and library materials in schools.
Specifically, the bill requires each elementary school to publish on its website, in a searchable format
prescribed by the DOE, a list of all instructional materials, including those used to teach required
instruction topics. In addition, each school board must select, approve, adopt, or purchase materials, in
addition to instructional materials, as a separate line item on the school board meeting agenda and
provide reasonable opportunity for public comment. The public must also have access to all materials
for public inspection and to copy, scan, duplicate, or photograph materials within limits of the “Fair Use”
doctrine at least 30 days before any school board action is taken on the materials.
42
Beginning June 30, 2022, school districts must annually submit to the Commissioner of Education a
report identifying materials for which the school district received an objection for the school year,
materials that are removed or discontinued as a part of the objection, and the grade level and course
for which a removed material was used. The DOE must publish, disseminate, and regularly update a
list of materials that are removed or discontinued as a result of an objection.
The bill also expands the list of individuals who must participate in the DOE-developed instructional
materials selection training to include school district reviewers of instructional materials for required
instruction topics, and reviewers of library materials and books included on reading lists. School
librarians, media specialists, and other personnel involved in the selection of school district library
materials must complete the training prior to reviewing and selecting materials and library resources.
The bill specifies that the training must assist reviewers in complying with Section 1006.31(2), F.S.,
which requires, among other things, reviewers to include materials portraying the ethnic,
socioeconomic, cultural, religious, physical, and racial diversity of our society, and to exclude materials
containing pornography and prohibited under Section 847.012, F.S.
43
38
Rule 6A-1.094124, F.A.C. The DOE provides the Required Instruction Portal website for districts to annually submit information
on required topics. Florida Department of Education, Florida Required Instruction Portal, https://www.flrequiredinstruction.org/ (last
visited Jan. 18, 2022).
39
Instructional materials adoption at the state level focuses on one or more related subject areas per year, on 5-year rotating basis.
Florida Department of Education, Instructional Materials, FLORIDA INSTRUCTIONAL MATERIALS ADOPTION SCHEDULE FOR
ADOPTION YEARS 2020-2021 THROUGH 2023-2024 (2020), available at
https://www.fldoe.org/core/fileparse.php/5574/urlt/AdoptionCycle.pdf. The DOE posts the instructional materials adoption cycle for 5
years. K-12 Mathematics is the subject area in the 2021-2022 year.
40
Florida Department of Education, Instructional Materials, 2015-2016 Florida Department of Education 6-12 Career and Technical
Education, K-8 Physical and Health Education, K-12 Visual and Performing Arts, and K-12 World Languages: Chinese, German,
Italian and Latin Adopted Instructional Materials (July 12, 2016), available at
https://www.fldoe.org/core/fileparse.php/5574/urlt/2015-2016AdoptedIMUpdate.pdf.
41
Florida Department of Education, Instructional Materials, 2014-2015 Florida Department of Education Adopted Instructional
Materials (Jan. 28, 2016), available at https://www.fldoe.org/core/fileparse.php/5574/urlt/1415AIMDec2015.pdf.
42
See 17 U.S.C. ss. 101 et seq.
43
Section 1006.31(2), F.S. STORAGE NAME: h1467a.EEC PAGE: 8
DATE: 1/21/2022
With respect to the selection of library materials, the bill requires that each book included in a school
library collection or required as part of a classroom booklist be selected by a certified educational
media specialist, regardless of how the book is acquired. In addition, each district school board must
adopt and post on its website procedures for developing library media center collections. Selection
procedures must:
require that book selections be free of pornography and prohibited materials harmful to minors,
suited to student needs, and appropriate for the grade level and age group;
require consultation of reputable, professionally recognized reviewing periodicals and school
community stakeholders for each selection;
consider reader interest, support of academic standards and aligned curriculum, and academic
needs of students and faculty; and
provide for regular removal or discontinuance of books based on physical condition, rate of
recent circulation, alignment to state standards and relevancy to curriculum, out-of-date content,
and required removal.
The bill also codifies the holding of the Second District Court of Appeal by requiring that any meeting of
a school district instructional review committee in which materials are ranked, eliminated, or selected
for recommendation to the school board be noticed and open to the public as required by Sunshine
Laws.
The bill provides that school principals are responsible for overseeing compliance with school library
media center materials selection procedures.
B. SECTION DIRECTORY:
Section 1: Amends s.145.19, F.S.; conforming provisions to changes made by the act.
Section 2: Amends s. 1001.39, F.S.; conforming provisions to changes made by the act.
Section 3: Repeals s. 1001.395, F.S., relating to district school board members' compensation.
Section 4: Amends s. 1001.43, F.S.; conforming provisions to changes made by the act.
Section 5. Amends s. 1002.32, F.S.; conforming provisions to changes made by the act.
Section 6: Amends s. 1006.28, F.S.; deleting a requirement that district school boards maintain a
specified list on their websites; requiring certain meetings relating to instructional
materials to be noticed and open to the public; providing requirements for the
membership of committees related to instructional materials; requiring certain individuals
involved in selecting library materials to complete a specified training; requiring certain
materials to be selected by employees who meet specified criteria; requiring district
school boards to adopt procedures for developing library media center collections;
providing requirements for such procedures; requiring elementary schools, district school
boards, and the Department of Education to post on their websites specified information
relating to instructional materials and other materials in certain formats; providing district
school board requirements; providing school principals are responsible for overseeing
compliance with specified procedures relating to library media center materials.
Section 7: Amends s. 1006.29, F.S.; revising requirements for the department relating to the
development of training programs for the selection of materials used in schools and
library media centers.
Section 8: Amends s. 1006.40, F.S.; revising district school board requirements for the selection
and adoption of certain materials.
Section 9: Amends s. 1011.10, F.S.; conforming provisions to changes made by the act.
Section 10: Provides an effective date of July 1, 2022. STORAGE NAME: h1467a.EEC PAGE: 9
DATE: 1/21/2022
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See fiscal comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
See fiscal comments.
2. Expenditures:
See fiscal comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The fiscal impact of the bill is indeterminate. Costs associated within the DOE to develop training for
reviewers of materials may be absorbed within existing department resources. District school boards
may incur costs to ensure approval of all district materials have been evaluated and selected by a
certified library media specialist.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.