| 25 | | - | specified training by a certain date; requiring 12 |
|---|
| 26 | | - | certain materials to be selected by employees who meet 13 |
|---|
| 27 | | - | specified criteria; requiring district school b oards 14 |
|---|
| 28 | | - | to adopt procedures for developing library media 15 |
|---|
| 29 | | - | center collections; providing requirements for such 16 |
|---|
| 30 | | - | procedures; requiring elementary schools, district 17 |
|---|
| 31 | | - | school boards, and the Department of Education to post 18 |
|---|
| 32 | | - | on their websites specified information rel ating to 19 |
|---|
| 33 | | - | instructional materials and other materials in certain 20 |
|---|
| 34 | | - | formats; providing district school board requirements; 21 |
|---|
| 35 | | - | providing that school principals are responsible for 22 |
|---|
| 25 | + | specified training; requiring certain materials to be 12 |
|---|
| 26 | + | selected by employees who meet specified criteria; 13 |
|---|
| 27 | + | requiring district school boards to adopt procedures 14 |
|---|
| 28 | + | for developing library media center collections; 15 |
|---|
| 29 | + | providing requirements for such procedures; requ iring 16 |
|---|
| 30 | + | elementary schools, district school boards, and the 17 |
|---|
| 31 | + | Department of Education to post on their websites 18 |
|---|
| 32 | + | specified information relating to instructional 19 |
|---|
| 33 | + | materials and other materials in certain formats; 20 |
|---|
| 34 | + | providing district school board requirements; 21 |
|---|
| 35 | + | providing school principals are responsible for 22 |
|---|
| 51 | | - | a training program for the selection of materials used 26 |
|---|
| 52 | | - | in schools and library media centers by a certain 27 |
|---|
| 53 | | - | date; amending s. 1006.40, F.S.; revising district 28 |
|---|
| 54 | | - | school board requirements for the selection and 29 |
|---|
| 55 | | - | adoption of certain materials; amending s. 1011.67, 30 |
|---|
| 56 | | - | F.S.; requiring that the certification by district 31 |
|---|
| 57 | | - | school superintendents to the Commissioner of 32 |
|---|
| 58 | | - | Education identifies instructional materials that are 33 |
|---|
| 59 | | - | the subject of an objection and pr ovides specified 34 |
|---|
| 60 | | - | information related to the objection; providing an 35 |
|---|
| 61 | | - | effective date. 36 |
|---|
| 62 | | - | 37 |
|---|
| 63 | | - | Be It Enacted by the Legislature of the State of Florida: 38 |
|---|
| 64 | | - | 39 |
|---|
| 65 | | - | Section 1. Section 1001.35, Florida Statutes, is amended 40 |
|---|
| 66 | | - | to read: 41 |
|---|
| 67 | | - | 1001.35 Term of office. —District school board members 42 |
|---|
| 68 | | - | shall be elected at the general election in November for terms 43 |
|---|
| 69 | | - | of 4 years except that a person may not appear on the ballot for 44 |
|---|
| 70 | | - | reelection to the office of school board member if, by the end 45 |
|---|
| 71 | | - | of his or her current term of office, the perso n will have 46 |
|---|
| 72 | | - | served, or but for resignation would have served, in that office 47 |
|---|
| 73 | | - | for 12 consecutive years. Service of a term of office which 48 |
|---|
| 74 | | - | commenced before November 8, 2022, will not be counted toward 49 |
|---|
| 75 | | - | the limitation imposed by this section. 50 |
|---|
| 76 | | - | ENROLLED |
|---|
| 77 | | - | CS/HB 1467, Engrossed 2 2022 Legislature |
|---|
| 51 | + | department relating to the development of training 26 |
|---|
| 52 | + | programs for the selection of materials used in 27 |
|---|
| 53 | + | schools and library media centers; amending s. 28 |
|---|
| 54 | + | 1006.40, F.S.; revising district school board 29 |
|---|
| 55 | + | requirements for the selection and adoption of certain 30 |
|---|
| 56 | + | materials; providing an effective date. 31 |
|---|
| 57 | + | 32 |
|---|
| 58 | + | Be It Enacted by the Legisl ature of the State of Florida: 33 |
|---|
| 59 | + | 34 |
|---|
| 60 | + | Section 1. Section 1001.35, Florida Statutes, is amended 35 |
|---|
| 61 | + | to read: 36 |
|---|
| 62 | + | 1001.35 Term of office. —District school board members 37 |
|---|
| 63 | + | shall be elected at the general election in November for terms 38 |
|---|
| 64 | + | of 4 years except that a person may not appear on the ballot for 39 |
|---|
| 65 | + | reelection to the office of school board member if, by the end 40 |
|---|
| 66 | + | of his or her current term of office, the person will have 41 |
|---|
| 67 | + | served, or but for resignation would have served, in that office 42 |
|---|
| 68 | + | for 8 consecutive years. Service of a t erm of office which 43 |
|---|
| 69 | + | commenced before November 8, 2022, will not be counted toward 44 |
|---|
| 70 | + | the limitation imposed by this section . 45 |
|---|
| 71 | + | Section 2. Paragraphs (a) and (d) of subsection (2) and 46 |
|---|
| 72 | + | subsection (4) of section 1006.28, Florida Statutes, are 47 |
|---|
| 73 | + | amended, and paragraph (e) is added to subsection (2) of that 48 |
|---|
| 74 | + | section, to read: 49 |
|---|
| 75 | + | 1006.28 Duties of district school board, district school 50 |
|---|
| 76 | + | |
|---|
| 77 | + | CS/HB 1467, Engrossed 1 2022 |
|---|
| 88 | | - | Section 2. Paragraphs (a) and (d) of subsection (2) and 51 |
|---|
| 89 | | - | subsection (4) of section 1006.28, Florida Statutes, are 52 |
|---|
| 90 | | - | amended, and paragraph (e) is added to subsection (2) of that 53 |
|---|
| 91 | | - | section, to read: 54 |
|---|
| 92 | | - | 1006.28 Duties of district school board, district school 55 |
|---|
| 93 | | - | superintendent; and school principal regarding K -12 56 |
|---|
| 94 | | - | instructional materials. — 57 |
|---|
| 95 | | - | (2) DISTRICT SCHOOL BOARD. —The district school board has 58 |
|---|
| 96 | | - | the constitutional duty and responsibility to select and provide 59 |
|---|
| 97 | | - | adequate instructional materials for all students in accordance 60 |
|---|
| 98 | | - | with the requirements of this part. The district school board 61 |
|---|
| 99 | | - | also has the following specific duties and responsibilities: 62 |
|---|
| 100 | | - | (a) Courses of study; adoption. —Adopt courses of study, 63 |
|---|
| 101 | | - | including instructional materials, for use in the schools of the 64 |
|---|
| 102 | | - | district. 65 |
|---|
| 103 | | - | 1. Each district school board is responsible for the 66 |
|---|
| 104 | | - | content of all instructional materials and any other materials 67 |
|---|
| 105 | | - | used in a classroom, made available in a school library, or 68 |
|---|
| 106 | | - | included on a reading list, whether adopted and purchased from 69 |
|---|
| 107 | | - | the state-adopted instructional materials list, adopted and 70 |
|---|
| 108 | | - | purchased through a district instructional materials program 71 |
|---|
| 109 | | - | under s. 1006.283, or otherwise purchased or made available. 72 |
|---|
| 110 | | - | Each district school board shall maintain on its website a 73 |
|---|
| 111 | | - | current list of instructional materia ls, by grade level, 74 |
|---|
| 112 | | - | purchased by the district. 75 |
|---|
| 113 | | - | ENROLLED |
|---|
| 114 | | - | CS/HB 1467, Engrossed 2 2022 Legislature |
|---|
| 88 | + | superintendent; and school principal regarding K -12 51 |
|---|
| 89 | + | instructional materials. — 52 |
|---|
| 90 | + | (2) DISTRICT SCHOOL BOARD. —The district school board h as 53 |
|---|
| 91 | + | the constitutional duty and responsibility to select and provide 54 |
|---|
| 92 | + | adequate instructional materials for all students in accordance 55 |
|---|
| 93 | + | with the requirements of this part. The district school board 56 |
|---|
| 94 | + | also has the following specific duties and responsibilities: 57 |
|---|
| 95 | + | (a) Courses of study; adoption. —Adopt courses of study, 58 |
|---|
| 96 | + | including instructional materials, for use in the schools of the 59 |
|---|
| 97 | + | district. 60 |
|---|
| 98 | + | 1. Each district school board is responsible for the 61 |
|---|
| 99 | + | content of all instructional materials and any other materials 62 |
|---|
| 100 | + | used in a classroom, made available in a school library, or 63 |
|---|
| 101 | + | included on a reading list, whether adopted and purchased from 64 |
|---|
| 102 | + | the state-adopted instructional materials list, adopted and 65 |
|---|
| 103 | + | purchased through a district instructional materials program 66 |
|---|
| 104 | + | under s. 1006.283, or otherwise purchased or made available. 67 |
|---|
| 105 | + | Each district school board shall maintain on its website a 68 |
|---|
| 106 | + | current list of instructional materials, by grade level, 69 |
|---|
| 107 | + | purchased by the district. 70 |
|---|
| 108 | + | 2. Each district school board must adopt a policy 71 |
|---|
| 109 | + | regarding an objection by a parent or a resident of the county 72 |
|---|
| 110 | + | to the use of a specific instructional material, which clearly 73 |
|---|
| 111 | + | describes a process to handle all objections and provides for 74 |
|---|
| 112 | + | resolution. The process must provide the parent or resident the 75 |
|---|
| 113 | + | |
|---|
| 114 | + | CS/HB 1467, Engrossed 1 2022 |
|---|
| 125 | | - | 2. Each district school board must adopt a policy 76 |
|---|
| 126 | | - | regarding an objection by a parent or a resident of the county 77 |
|---|
| 127 | | - | to the use of a specific instructional material, which clearly 78 |
|---|
| 128 | | - | describes a process to handle a ll objections and provides for 79 |
|---|
| 129 | | - | resolution. The process must provide the parent or resident the 80 |
|---|
| 130 | | - | opportunity to proffer evidence to the district school board 81 |
|---|
| 131 | | - | that: 82 |
|---|
| 132 | | - | a. An instructional material does not meet the criteria of 83 |
|---|
| 133 | | - | s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 84 |
|---|
| 134 | | - | a course or otherwise made available to students in the school 85 |
|---|
| 135 | | - | district but was not subject to the public notice, review, 86 |
|---|
| 136 | | - | comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 87 |
|---|
| 137 | | - | and 11. 88 |
|---|
| 138 | | - | b. Any material used in a clas sroom, made available in a 89 |
|---|
| 139 | | - | school library, or included on a reading list contains content 90 |
|---|
| 140 | | - | that is pornographic or prohibited under s. 847.012, is not 91 |
|---|
| 141 | | - | suited to student needs and their ability to comprehend the 92 |
|---|
| 142 | | - | material presented, or is inappropriate for th e grade level and 93 |
|---|
| 143 | | - | age group for which the material is used. 94 |
|---|
| 144 | | - | 95 |
|---|
| 145 | | - | If the district school board finds that an instructional 96 |
|---|
| 146 | | - | material does not meet the criteria under sub -subparagraph a. or 97 |
|---|
| 147 | | - | that any other material contains prohibited content under sub -98 |
|---|
| 148 | | - | subparagraph b., the school district shall discontinue use of 99 |
|---|
| 149 | | - | the material for any grade level or age group for which such use 100 |
|---|
| 150 | | - | ENROLLED |
|---|
| 151 | | - | CS/HB 1467, Engrossed 2 2022 Legislature |
|---|
| 125 | + | opportunity to proffer evidence to the district school board 76 |
|---|
| 126 | + | that: 77 |
|---|
| 127 | + | a. An instructional material does not meet the criteria of 78 |
|---|
| 128 | + | s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 79 |
|---|
| 129 | + | a course or otherwise made available to students in the school 80 |
|---|
| 130 | + | district but was not su bject to the public notice, review, 81 |
|---|
| 131 | + | comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 82 |
|---|
| 132 | + | and 11. 83 |
|---|
| 133 | + | b. Any material used in a classroom, made available in a 84 |
|---|
| 134 | + | school library, or included on a reading list contains content 85 |
|---|
| 135 | + | that is pornographic or pro hibited under s. 847.012, is not 86 |
|---|
| 136 | + | suited to student needs and their ability to comprehend the 87 |
|---|
| 137 | + | material presented, or is inappropriate for the grade level and 88 |
|---|
| 138 | + | age group for which the material is used. 89 |
|---|
| 139 | + | 90 |
|---|
| 140 | + | If the district school board finds that an instructional 91 |
|---|
| 141 | + | material does not meet the criteria under sub -subparagraph a. or 92 |
|---|
| 142 | + | that any other material contains prohibited content under sub -93 |
|---|
| 143 | + | subparagraph b., the school district shall discontinue use of 94 |
|---|
| 144 | + | the material for any grade level or age group for which such use 95 |
|---|
| 145 | + | is inappropriate or unsuitable. 96 |
|---|
| 146 | + | 3. Each district school board must establish a process by 97 |
|---|
| 147 | + | which the parent of a public school student or a resident of the 98 |
|---|
| 148 | + | county may contest the district school board 's adoption of a 99 |
|---|
| 149 | + | specific instructional material. The parent or resident must 100 |
|---|
| 150 | + | |
|---|
| 151 | + | CS/HB 1467, Engrossed 1 2022 |
|---|
| 162 | | - | is inappropriate or unsuitable. 101 |
|---|
| 163 | | - | 3. Each district school board must establish a process by 102 |
|---|
| 164 | | - | which the parent of a public school student or a resident of the 103 |
|---|
| 165 | | - | county may contest the district school board's adoption of a 104 |
|---|
| 166 | | - | specific instructional material. The parent or resident must 105 |
|---|
| 167 | | - | file a petition, on a form provided by the school board, within 106 |
|---|
| 168 | | - | 30 calendar days after the adoption of the instructional 107 |
|---|
| 169 | | - | material by the school board. The school board must make the 108 |
|---|
| 170 | | - | form available to the public and publish the form on the school 109 |
|---|
| 171 | | - | district's website. The form must be signed by the parent or 110 |
|---|
| 172 | | - | resident, include the required contact information, and state 111 |
|---|
| 173 | | - | the objection to the instructional material based on the 112 |
|---|
| 174 | | - | criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days 113 |
|---|
| 175 | | - | after the 30-day period has expired, the school board must, for 114 |
|---|
| 176 | | - | all petitions timely received , conduct at least one open public 115 |
|---|
| 177 | | - | hearing before an unbiased and qualified hearing officer. The 116 |
|---|
| 178 | | - | hearing officer may not be an employee or agent of the school 117 |
|---|
| 179 | | - | district. The hearing is not subject to the provisions of 118 |
|---|
| 180 | | - | chapter 120; however, the hearing must provide sufficient 119 |
|---|
| 181 | | - | procedural protections to allow each petitioner an adequate and 120 |
|---|
| 182 | | - | fair opportunity to be heard and present evidence to the hearing 121 |
|---|
| 183 | | - | officer. The school board's decision after convening a hearing 122 |
|---|
| 184 | | - | is final and not subject to further petition or review. 123 |
|---|
| 185 | | - | 4. Meetings of committees convened for the purpose of 124 |
|---|
| 186 | | - | ranking, eliminating, or selecting instructional materials for 125 |
|---|
| 187 | | - | ENROLLED |
|---|
| 188 | | - | CS/HB 1467, Engrossed 2 2022 Legislature |
|---|
| 162 | + | file a petition, on a form provided by the school board, within 101 |
|---|
| 163 | + | 30 calendar days after the adoption of the instructional 102 |
|---|
| 164 | + | material by the school board. The school board must make the 103 |
|---|
| 165 | + | form available to the public and publish the form on the school 104 |
|---|
| 166 | + | district's website. The form must be signed by the parent or 105 |
|---|
| 167 | + | resident, include the required contact information, and state 106 |
|---|
| 168 | + | the objection to the instructional material based on the 107 |
|---|
| 169 | + | criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days 108 |
|---|
| 170 | + | after the 30-day period has expired, the school board must, for 109 |
|---|
| 171 | + | all petitions timely received, conduct at least one open public 110 |
|---|
| 172 | + | hearing before an unbiased and qualified hearing officer. The 111 |
|---|
| 173 | + | hearing officer may not be an employee or agent of the school 112 |
|---|
| 174 | + | district. The hearing is not subject to the provisions of 113 |
|---|
| 175 | + | chapter 120; however, the hearing must provide sufficient 114 |
|---|
| 176 | + | procedural protections to allow each petitioner an adequate and 115 |
|---|
| 177 | + | fair opportunity to be hea rd and present evidence to the hearing 116 |
|---|
| 178 | + | officer. The school board's decision after convening a hearing 117 |
|---|
| 179 | + | is final and not subject to further petition or review. 118 |
|---|
| 180 | + | 4. Meetings of committees convened for the purpose of 119 |
|---|
| 181 | + | ranking, eliminating, or selecting instruc tional materials for 120 |
|---|
| 182 | + | recommendation to the district school board must be noticed and 121 |
|---|
| 183 | + | open to the public in accordance with s. 286.011. Any committees 122 |
|---|
| 184 | + | convened for such purposes must include parents of district 123 |
|---|
| 185 | + | students. 124 |
|---|
| 186 | + | (d) School library media services; establishment and 125 |
|---|
| 187 | + | |
|---|
| 188 | + | CS/HB 1467, Engrossed 1 2022 |
|---|
| 199 | | - | recommendation to the district school board must be noticed and 126 |
|---|
| 200 | | - | open to the public in accordance with s. 286.011. Any committe es 127 |
|---|
| 201 | | - | convened for such purposes must include parents of district 128 |
|---|
| 202 | | - | students. 129 |
|---|
| 203 | | - | (d) School library media services; establishment and 130 |
|---|
| 204 | | - | maintenance.—Establish and maintain a program of school library 131 |
|---|
| 205 | | - | media services for all public schools in the district, including 132 |
|---|
| 206 | | - | school library media centers, or school library media centers 133 |
|---|
| 207 | | - | open to the public, and, in addition such traveling or 134 |
|---|
| 208 | | - | circulating libraries as may be needed for the proper operation 135 |
|---|
| 209 | | - | of the district school system. Beginning January 1, 2023, Each 136 |
|---|
| 210 | | - | school district shall provide training to school librarians, and 137 |
|---|
| 211 | | - | media specialists, and other personnel involved in the selection 138 |
|---|
| 212 | | - | of school district library materials must complete the training 139 |
|---|
| 213 | | - | program developed pursuant to s. 1006.29(6) before reviewing and 140 |
|---|
| 214 | | - | selecting regarding the prohibition against distributing harmful 141 |
|---|
| 215 | | - | materials to minors under s. 847.012 and applicable case law, 142 |
|---|
| 216 | | - | and best practices for providing students access to age-143 |
|---|
| 217 | | - | appropriate materials and library resources. Upon written 144 |
|---|
| 218 | | - | request, a school distr ict shall provide access to any material 145 |
|---|
| 219 | | - | or book specified in the request that is maintained in a 146 |
|---|
| 220 | | - | district school system library and is available for review. 147 |
|---|
| 221 | | - | 1. Each book made available to students through a school 148 |
|---|
| 222 | | - | district library media center or includ ed in a recommended or 149 |
|---|
| 223 | | - | assigned school or grade -level reading list must be selected by 150 |
|---|
| 224 | | - | ENROLLED |
|---|
| 225 | | - | CS/HB 1467, Engrossed 2 2022 Legislature |
|---|
| 199 | + | maintenance.—Establish and maintain a program of school library 126 |
|---|
| 200 | + | media services for all public schools in the district, including 127 |
|---|
| 201 | + | school library media centers, or school library media centers 128 |
|---|
| 202 | + | open to the public, and, in addition such trav eling or 129 |
|---|
| 203 | + | circulating libraries as may be needed for the proper operation 130 |
|---|
| 204 | + | of the district school system. Each school district shall 131 |
|---|
| 205 | + | provide training to School librarians, and media specialists, 132 |
|---|
| 206 | + | and other personnel involved in the selection of school distric t 133 |
|---|
| 207 | + | library materials must complete the training program developed 134 |
|---|
| 208 | + | pursuant to s. 1006.29(5) before reviewing and selecting 135 |
|---|
| 209 | + | regarding the prohibition against distributing harmful materials 136 |
|---|
| 210 | + | to minors under s. 847.012 and applicable case law, and best 137 |
|---|
| 211 | + | practices for providing students access to age-appropriate 138 |
|---|
| 212 | + | materials and library resources. Upon written request, a school 139 |
|---|
| 213 | + | district shall provide access to any material or book specified 140 |
|---|
| 214 | + | in the request that is maintained in a district school system 141 |
|---|
| 215 | + | library and is available for review. 142 |
|---|
| 216 | + | 1. Each book made available to students through a school 143 |
|---|
| 217 | + | district library media center or included in a recommended or 144 |
|---|
| 218 | + | assigned school or grade -level reading list must be selected by 145 |
|---|
| 219 | + | a school district employee who holds a valid educ ational media 146 |
|---|
| 220 | + | specialist certificate, regardless of whether the book is 147 |
|---|
| 221 | + | purchased, donated, or otherwise made available to students. 148 |
|---|
| 222 | + | 2. Each district school board shall adopt procedures for 149 |
|---|
| 223 | + | developing library media center collections and post the 150 |
|---|
| 224 | + | |
|---|
| 225 | + | CS/HB 1467, Engrossed 1 2022 |
|---|
| 236 | | - | a school district employee who holds a valid educational media 151 |
|---|
| 237 | | - | specialist certificate, regardless of whether the book is 152 |
|---|
| 238 | | - | purchased, donated, or otherwise made available to students. 153 |
|---|
| 239 | | - | 2. Each district school board shall adopt procedures for 154 |
|---|
| 240 | | - | developing library media center collections and post the 155 |
|---|
| 241 | | - | procedures on the website for each school within the district. 156 |
|---|
| 242 | | - | The procedures must: 157 |
|---|
| 243 | | - | a. Require that book selections meet the criteria in s. 158 |
|---|
| 244 | | - | 1006.40(3)(d). 159 |
|---|
| 245 | | - | b. Require consultation of reputable, professionally 160 |
|---|
| 246 | | - | recognized reviewing periodicals and school community 161 |
|---|
| 247 | | - | stakeholders. 162 |
|---|
| 248 | | - | c. Provide for library media center collections based on 163 |
|---|
| 249 | | - | reader interest, support of state academic s tandards and aligned 164 |
|---|
| 250 | | - | curriculum, and the academic needs of students and faculty. 165 |
|---|
| 251 | | - | d. Provide for the regular removal or discontinuance of 166 |
|---|
| 252 | | - | books based on, at a minimum, physical condition, rate of recent 167 |
|---|
| 253 | | - | circulation, alignment to state academic standards a nd relevancy 168 |
|---|
| 254 | | - | to curriculum, out-of-date content, and required removal 169 |
|---|
| 255 | | - | pursuant to subparagraph (a)2. 170 |
|---|
| 256 | | - | 3. Each elementary school must publish on its website, in 171 |
|---|
| 257 | | - | a searchable format prescribed by the department, a list of all 172 |
|---|
| 258 | | - | materials maintained in the sch ool library media center or 173 |
|---|
| 259 | | - | required as part of a school or grade -level reading list. 174 |
|---|
| 260 | | - | (e) Public participation. —Publish on its website, in a 175 |
|---|
| 261 | | - | ENROLLED |
|---|
| 262 | | - | CS/HB 1467, Engrossed 2 2022 Legislature |
|---|
| 236 | + | procedures on the website for each school within the district. 151 |
|---|
| 237 | + | The procedures must: 152 |
|---|
| 238 | + | a. Require that book selections meet the criteria in s. 153 |
|---|
| 239 | + | 1006.40(3)(d). 154 |
|---|
| 240 | + | b. Require consultation of reputable, professionally 155 |
|---|
| 241 | + | recognized reviewing periodicals and school communi ty 156 |
|---|
| 242 | + | stakeholders. 157 |
|---|
| 243 | + | c. Provide for library media center collections based on 158 |
|---|
| 244 | + | reader interest, support of state academic standards and aligned 159 |
|---|
| 245 | + | curriculum, and the academic needs of students and faculty. 160 |
|---|
| 246 | + | d. Provide for the regular removal or discontinuance of 161 |
|---|
| 247 | + | books based on, at a minimum, physical condition, rate of recent 162 |
|---|
| 248 | + | circulation, alignment to state academic standards and relevancy 163 |
|---|
| 249 | + | to curriculum, out-of-date content, and required removal 164 |
|---|
| 250 | + | pursuant to subparagraph (a)2. 165 |
|---|
| 251 | + | 3. Each elementary school must pu blish on its website, in 166 |
|---|
| 252 | + | a searchable format prescribed by the department, a list of all 167 |
|---|
| 253 | + | materials maintained in the school library media center or 168 |
|---|
| 254 | + | required as part of a school or grade -level reading list. 169 |
|---|
| 255 | + | (e) Public participation. —Publish on its website , in a 170 |
|---|
| 256 | + | searchable format prescribed by the department, a list of all 171 |
|---|
| 257 | + | instructional materials, including those used to provide 172 |
|---|
| 258 | + | instruction required by s. 1003.42. Each district school board 173 |
|---|
| 259 | + | must: 174 |
|---|
| 260 | + | 1. Provide access to all materials, excluding teacher 175 |
|---|
| 261 | + | |
|---|
| 262 | + | CS/HB 1467, Engrossed 1 2022 |
|---|
| 273 | | - | searchable format prescribed by the department, a list of all 176 |
|---|
| 274 | | - | instructional materials, including those used to pr ovide 177 |
|---|
| 275 | | - | instruction required by s. 1003.42. Each district school board 178 |
|---|
| 276 | | - | must: 179 |
|---|
| 277 | | - | 1. Provide access to all materials, excluding teacher 180 |
|---|
| 278 | | - | editions, in accordance with s. 1006.283(2)(b)8.a. before the 181 |
|---|
| 279 | | - | district school board takes any official action on such 182 |
|---|
| 280 | | - | materials. This process must include reasonable safeguards 183 |
|---|
| 281 | | - | against the unauthorized use, reproduction, and distribution of 184 |
|---|
| 282 | | - | instructional materials considered for adoption. 185 |
|---|
| 283 | | - | 2. Select, approve, adopt, or purchase all materials as a 186 |
|---|
| 284 | | - | separate line item on the agend a and must provide a reasonable 187 |
|---|
| 285 | | - | opportunity for public comment. The use of materials described 188 |
|---|
| 286 | | - | in this paragraph may not be selected, approved, or adopted as 189 |
|---|
| 287 | | - | part of a consent agenda. 190 |
|---|
| 288 | | - | 3. Annually, beginning June 30, 2023, submit to the 191 |
|---|
| 289 | | - | Commissioner of Education a report that identifies: 192 |
|---|
| 290 | | - | a. Each material for which the school district received an 193 |
|---|
| 291 | | - | objection pursuant to subparagraph (a)2. for the school year and 194 |
|---|
| 292 | | - | the specific objections thereto. 195 |
|---|
| 293 | | - | b. Each material that was removed or discontinued as a 196 |
|---|
| 294 | | - | result of an objection. 197 |
|---|
| 295 | | - | c. The grade level and course for which a removed or 198 |
|---|
| 296 | | - | discontinued material was used, as applicable. 199 |
|---|
| 297 | | - | 200 |
|---|
| 298 | | - | ENROLLED |
|---|
| 299 | | - | CS/HB 1467, Engrossed 2 2022 Legislature |
|---|
| 273 | + | editions, in accordance with s. 1006.283(2)(b)8.a. before the 176 |
|---|
| 274 | + | district school board takes any official action on such 177 |
|---|
| 275 | + | materials. This process must include reasonable safeguards 178 |
|---|
| 276 | + | against the unauthorized use, reproduction, and distribution of 179 |
|---|
| 277 | + | instructional materi als considered for adoption. 180 |
|---|
| 278 | + | 2. Select, approve, adopt, or purchase all materials as a 181 |
|---|
| 279 | + | separate line item on the agenda and must provide a reasonable 182 |
|---|
| 280 | + | opportunity for public comment. The use of materials described 183 |
|---|
| 281 | + | in this paragraph may not be selected, ap proved, or adopted as 184 |
|---|
| 282 | + | part of a consent agenda. 185 |
|---|
| 283 | + | 3. Annually, beginning June 30, 2023, submit to the 186 |
|---|
| 284 | + | Commissioner of Education a report that identifies: 187 |
|---|
| 285 | + | a. Each material not purchased from the state -adopted list 188 |
|---|
| 286 | + | for which the school district received an objection pursuant to 189 |
|---|
| 287 | + | subparagraph (a)2. for the school year and the specific 190 |
|---|
| 288 | + | objections thereto. 191 |
|---|
| 289 | + | b. Each material that was removed or discontinued as a 192 |
|---|
| 290 | + | result of an objection. 193 |
|---|
| 291 | + | c. The grade level and course for which a removed or 194 |
|---|
| 292 | + | discontinued material was used, as applicable. 195 |
|---|
| 293 | + | 196 |
|---|
| 294 | + | The department shall publish and regularly update a list of 197 |
|---|
| 295 | + | materials that were removed or discontinued as a result of an 198 |
|---|
| 296 | + | objection and disseminate the list to school districts for 199 |
|---|
| 297 | + | consideration in their selection procedures. 200 |
|---|
| 298 | + | |
|---|
| 299 | + | CS/HB 1467, Engrossed 1 2022 |
|---|
| 310 | | - | The department shall publish and regularly update a list of 201 |
|---|
| 311 | | - | materials that were removed or discontinued as a result of an 202 |
|---|
| 312 | | - | objection and disseminate the list to school districts for 203 |
|---|
| 313 | | - | consideration in their selection procedures. 204 |
|---|
| 314 | | - | (4) SCHOOL PRINCIPAL. —The school principal has the 205 |
|---|
| 315 | | - | following duties for the management and care of instructional 206 |
|---|
| 316 | | - | materials at the school: 207 |
|---|
| 317 | | - | (a) Proper use of instructional materials. —The principal 208 |
|---|
| 318 | | - | shall assure that instructional materials are used to provide 209 |
|---|
| 319 | | - | instruction to students enrolled at the grade level or levels 210 |
|---|
| 320 | | - | for which the materials are designed, pursuant to adopted 211 |
|---|
| 321 | | - | district school board rule. The school principal shall 212 |
|---|
| 322 | | - | communicate to parents the manner in which instructional 213 |
|---|
| 323 | | - | materials are used to implement the curricular objectives of the 214 |
|---|
| 324 | | - | school. 215 |
|---|
| 325 | | - | (b) Money collected for lost or damaged instructional 216 |
|---|
| 326 | | - | materials; enforcement. —The school principal shall collect from 217 |
|---|
| 327 | | - | each student or the student's parent the purchase price of any 218 |
|---|
| 328 | | - | instructional material the student has lost, destroyed, or 219 |
|---|
| 329 | | - | unnecessarily damaged and to report and transmit the money 220 |
|---|
| 330 | | - | collected to the district school superintendent. The failure to 221 |
|---|
| 331 | | - | collect such sum upon reasonable effort by the school principal 222 |
|---|
| 332 | | - | may result in the suspension of the student from participation 223 |
|---|
| 333 | | - | in extracurricular activities or satisfaction of the debt by the 224 |
|---|
| 334 | | - | student through community service activities at the s chool site 225 |
|---|
| 335 | | - | ENROLLED |
|---|
| 336 | | - | CS/HB 1467, Engrossed 2 2022 Legislature |
|---|
| 310 | + | (4) SCHOOL PRINCIPAL. —The school principal has the 201 |
|---|
| 311 | + | following duties for the management and care of instructional 202 |
|---|
| 312 | + | materials at the school: 203 |
|---|
| 313 | + | (a) Proper use of instructional materials. —The principal 204 |
|---|
| 314 | + | shall assure that instructional materials are used to provid e 205 |
|---|
| 315 | + | instruction to students enrolled at the grade level or levels 206 |
|---|
| 316 | + | for which the materials are designed, pursuant to adopted 207 |
|---|
| 317 | + | district school board rule. The school principal shall 208 |
|---|
| 318 | + | communicate to parents the manner in which instructional 209 |
|---|
| 319 | + | materials are used to implement the curricular objectives of the 210 |
|---|
| 320 | + | school. 211 |
|---|
| 321 | + | (b) Money collected for lost or damaged instructional 212 |
|---|
| 322 | + | materials; enforcement. —The school principal shall collect from 213 |
|---|
| 323 | + | each student or the student's parent the purchase price of any 214 |
|---|
| 324 | + | instructional material the student has lost, destroyed, or 215 |
|---|
| 325 | + | unnecessarily damaged and to report and transmit the money 216 |
|---|
| 326 | + | collected to the district school superintendent. The failure to 217 |
|---|
| 327 | + | collect such sum upon reasonable effort by the school principal 218 |
|---|
| 328 | + | may result in the suspension of the student from participation 219 |
|---|
| 329 | + | in extracurricular activities or satisfaction of the debt by the 220 |
|---|
| 330 | + | student through community service activities at the school site 221 |
|---|
| 331 | + | as determined by the school principal, pursuant to policies 222 |
|---|
| 332 | + | adopted by district school board rul e. 223 |
|---|
| 333 | + | (c) Sale of instructional materials. —The school principal, 224 |
|---|
| 334 | + | upon request of the parent of a student in the school, shall 225 |
|---|
| 335 | + | |
|---|
| 336 | + | CS/HB 1467, Engrossed 1 2022 |
|---|
| 347 | | - | as determined by the school principal, pursuant to policies 226 |
|---|
| 348 | | - | adopted by district school board rule. 227 |
|---|
| 349 | | - | (c) Sale of instructional materials. —The school principal, 228 |
|---|
| 350 | | - | upon request of the parent of a student in the school, shall 229 |
|---|
| 351 | | - | sell to the parent any i nstructional materials used in the 230 |
|---|
| 352 | | - | school. All such sales shall be made pursuant to rule adopted by 231 |
|---|
| 353 | | - | the district school board, and the principal shall annually 232 |
|---|
| 354 | | - | provide information to parents that they may purchase 233 |
|---|
| 355 | | - | instructional materials and how to purchas e the materials. 234 |
|---|
| 356 | | - | (d) Disposition of funds. —All money collected from the 235 |
|---|
| 357 | | - | sale, exchange, loss, or damage of instructional materials shall 236 |
|---|
| 358 | | - | be transmitted to the district school superintendent to be 237 |
|---|
| 359 | | - | deposited in the district school board fund and added to t he 238 |
|---|
| 360 | | - | district appropriation for instructional materials. 239 |
|---|
| 361 | | - | (e) Accounting for instructional materials. —Principals 240 |
|---|
| 362 | | - | shall see that all instructional materials are fully and 241 |
|---|
| 363 | | - | properly accounted for as prescribed by adopted rules of the 242 |
|---|
| 364 | | - | district school board. 243 |
|---|
| 365 | | - | (f) Selection of library media center materials. —School 244 |
|---|
| 366 | | - | principals are responsible for overseeing compliance with school 245 |
|---|
| 367 | | - | district procedures for selecting school library media center 246 |
|---|
| 368 | | - | materials at the school to which they are assigned. 247 |
|---|
| 369 | | - | Section 3. Subsection (2) of section 1006.29, Florida 248 |
|---|
| 370 | | - | Statutes, is amended, and subsection (6) is added to that 249 |
|---|
| 371 | | - | section, to read: 250 |
|---|
| 372 | | - | ENROLLED |
|---|
| 373 | | - | CS/HB 1467, Engrossed 2 2022 Legislature |
|---|
| 347 | + | sell to the parent any instructional materials used in the 226 |
|---|
| 348 | + | school. All such sales shall be made pursuant to rule adopted by 227 |
|---|
| 349 | + | the district school board, and the principal shall annually 228 |
|---|
| 350 | + | provide information to parents that they may purchase 229 |
|---|
| 351 | + | instructional materials and how to purchase the materials. 230 |
|---|
| 352 | + | (d) Disposition of funds. —All money collected from the 231 |
|---|
| 353 | + | sale, exchange, loss, or damage o f instructional materials shall 232 |
|---|
| 354 | + | be transmitted to the district school superintendent to be 233 |
|---|
| 355 | + | deposited in the district school board fund and added to the 234 |
|---|
| 356 | + | district appropriation for instructional materials. 235 |
|---|
| 357 | + | (e) Accounting for instructional materials. —Principals 236 |
|---|
| 358 | + | shall see that all instructional materials are fully and 237 |
|---|
| 359 | + | properly accounted for as prescribed by adopted rules of the 238 |
|---|
| 360 | + | district school board. 239 |
|---|
| 361 | + | (f) Selection of library media center materials. —School 240 |
|---|
| 362 | + | principals are responsible for overseeing compliance with school 241 |
|---|
| 363 | + | district procedures for selecting school library media center 242 |
|---|
| 364 | + | materials. 243 |
|---|
| 365 | + | Section 3. Subsections (2) and (5) of section 1006.29, 244 |
|---|
| 366 | + | Florida Statutes, are amended to read: 245 |
|---|
| 367 | + | 1006.29 State instructional materials reviewers. — 246 |
|---|
| 368 | + | (2) For purposes of this part state adoption, the term 247 |
|---|
| 369 | + | "instructional materials" means items having intellectual 248 |
|---|
| 370 | + | content that by design serve as a major tool for assisting in 249 |
|---|
| 371 | + | the instruction of a subject or course. These items may be 250 |
|---|
| 372 | + | |
|---|
| 373 | + | CS/HB 1467, Engrossed 1 2022 |
|---|
| 384 | | - | 1006.29 State instructional materials reviewers. — 251 |
|---|
| 385 | | - | (2) For purposes of this part state adoption, the term 252 |
|---|
| 386 | | - | "instructional materials" means ite ms having intellectual 253 |
|---|
| 387 | | - | content that by design serve as a major tool for assisting in 254 |
|---|
| 388 | | - | the instruction of a subject or course. These items may be 255 |
|---|
| 389 | | - | available in bound, unbound, kit, or package form and may 256 |
|---|
| 390 | | - | consist of hardbacked or softbacked textbooks, electro nic 257 |
|---|
| 391 | | - | content, consumables, learning laboratories, manipulatives, 258 |
|---|
| 392 | | - | electronic media, and computer courseware or software. A 259 |
|---|
| 393 | | - | publisher or manufacturer providing instructional materials as a 260 |
|---|
| 394 | | - | single bundle shall also make the instructional materials 261 |
|---|
| 395 | | - | available as separate and unbundled items, each priced 262 |
|---|
| 396 | | - | individually. A publisher may also offer sections of state -263 |
|---|
| 397 | | - | adopted instructional materials in digital or electronic 264 |
|---|
| 398 | | - | versions at reduced rates to districts, schools, and teachers. 265 |
|---|
| 399 | | - | (6) The department shall develop an online training 266 |
|---|
| 400 | | - | program for school librarians, media specialists, and other 267 |
|---|
| 401 | | - | personnel involved in the selection and maintenance of library 268 |
|---|
| 402 | | - | media and collections or materials maintained on a reading list. 269 |
|---|
| 403 | | - | This training must assist reviewers in complying with the 270 |
|---|
| 404 | | - | requirements of s. 1006.31(2). The department shall make this 271 |
|---|
| 405 | | - | training available no later than January 1, 2023. No later than 272 |
|---|
| 406 | | - | July 1, 2023, and annually thereafter, each superintendent must 273 |
|---|
| 407 | | - | certify to the departme nt that all school librarians and media 274 |
|---|
| 408 | | - | specialists employed by the district have completed the online 275 |
|---|
| 409 | | - | ENROLLED |
|---|
| 410 | | - | CS/HB 1467, Engrossed 2 2022 Legislature |
|---|
| 384 | + | available in bound, u nbound, kit, or package form and may 251 |
|---|
| 385 | + | consist of hardbacked or softbacked textbooks, electronic 252 |
|---|
| 386 | + | content, consumables, learning laboratories, manipulatives, 253 |
|---|
| 387 | + | electronic media, and computer courseware or software. A 254 |
|---|
| 388 | + | publisher or manufacturer providing instruct ional materials as a 255 |
|---|
| 389 | + | single bundle shall also make the instructional materials 256 |
|---|
| 390 | + | available as separate and unbundled items, each priced 257 |
|---|
| 391 | + | individually. A publisher may also offer sections of state -258 |
|---|
| 392 | + | adopted instructional materials in digital or electronic 259 |
|---|
| 393 | + | versions at reduced rates to districts, schools, and teachers. 260 |
|---|
| 394 | + | (5) The department shall develop a training programs 261 |
|---|
| 395 | + | program for persons selected as state instructional materials 262 |
|---|
| 396 | + | reviewers and school district reviewers of instructional 263 |
|---|
| 397 | + | materials, including thos e used to provide instruction required 264 |
|---|
| 398 | + | by s. 1003.42, and any materials maintained in the district 265 |
|---|
| 399 | + | school library media centers or included on a reading list . The 266 |
|---|
| 400 | + | programs program shall be structured to assist reviewers in 267 |
|---|
| 401 | + | complying with the requirements of s. 1006.31(2) developing the 268 |
|---|
| 402 | + | skills necessary to make valid, culturally sensitive, and 269 |
|---|
| 403 | + | objective decisions regarding the content and rigor of 270 |
|---|
| 404 | + | instructional materials . All persons serving as instructional 271 |
|---|
| 405 | + | materials reviewers must complete a the training program before 272 |
|---|
| 406 | + | prior to beginning the review and selection process. 273 |
|---|
| 407 | + | Section 4. Paragraph (b) of subsection (4) of section 274 |
|---|
| 408 | + | 1006.40, Florida Statutes, is amended to read: 275 |
|---|
| 409 | + | |
|---|
| 410 | + | CS/HB 1467, Engrossed 1 2022 |
|---|
| 421 | | - | training program. 276 |
|---|
| 422 | | - | Section 4. Paragraph (b) of subsection (4) of section 277 |
|---|
| 423 | | - | 1006.40, Florida Statutes, is amended to read: 278 |
|---|
| 424 | | - | 1006.40 Use of instructional materials allocation; 279 |
|---|
| 425 | | - | instructional materials, library books, and reference books; 280 |
|---|
| 426 | | - | repair of books.— 281 |
|---|
| 427 | | - | (4) Each district school board is responsible for the 282 |
|---|
| 428 | | - | content of all materials used in a classroom or otherwise made 283 |
|---|
| 429 | | - | available to students. Each distric t school board shall adopt 284 |
|---|
| 430 | | - | rules, and each district school superintendent shall implement 285 |
|---|
| 431 | | - | procedures, that: 286 |
|---|
| 432 | | - | (b) Provide a process for public review of, public comment 287 |
|---|
| 433 | | - | on, and the adoption of instructional materials, including those 288 |
|---|
| 434 | | - | instructional material s used to provide instruction required by 289 |
|---|
| 435 | | - | s. 1003.42 teach reproductive health or any disease, including 290 |
|---|
| 436 | | - | HIV/AIDS, under ss. 1003.42(3) and 1003.46 , which satisfies the 291 |
|---|
| 437 | | - | requirements of s. 1006.283(2)(b)8., 9., and 11. 292 |
|---|
| 438 | | - | Section 5. Subsection (2) of secti on 1011.67, Florida 293 |
|---|
| 439 | | - | Statutes, is amended to read: 294 |
|---|
| 440 | | - | 1011.67 Funds for instructional materials. — 295 |
|---|
| 441 | | - | (2) Annually by July 1 and before the release of 296 |
|---|
| 442 | | - | instructional materials funds, each district school 297 |
|---|
| 443 | | - | superintendent shall certify to the Commissioner of Educa tion 298 |
|---|
| 444 | | - | that the district school board has approved a comprehensive 299 |
|---|
| 445 | | - | staff development plan that supports fidelity of implementation 300 |
|---|
| 446 | | - | ENROLLED |
|---|
| 447 | | - | CS/HB 1467, Engrossed 2 2022 Legislature |
|---|
| 448 | | - | |
|---|
| 449 | | - | |
|---|
| 450 | | - | |
|---|
| 451 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 452 | | - | hb1467-04-er |
|---|
| 453 | | - | Page 13 of 13 |
|---|
| 454 | | - | 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 |
|---|
| 455 | | - | |
|---|
| 456 | | - | |
|---|
| 457 | | - | |
|---|
| 458 | | - | of instructional materials programs, including verification that 301 |
|---|
| 459 | | - | training was provided; that the materials are being implemente d 302 |
|---|
| 460 | | - | as designed; and, beginning July 1, 2021, for core reading 303 |
|---|
| 461 | | - | materials and reading intervention materials used in 304 |
|---|
| 462 | | - | kindergarten through grade 5, that the materials meet the 305 |
|---|
| 463 | | - | requirements of s. 1001.215(8). Such instructional materials, as 306 |
|---|
| 464 | | - | evaluated and identified pursuant to s. 1001.215(4), may be 307 |
|---|
| 465 | | - | purchased by the school district with funds under this section 308 |
|---|
| 466 | | - | without undergoing the adoption procedures under s. 309 |
|---|
| 467 | | - | 1006.40(4)(b). The certification must identify any material that 310 |
|---|
| 468 | | - | received an objection pursuant to s . 1006.28 for the school year 311 |
|---|
| 469 | | - | and the specific objections thereto, each material that was 312 |
|---|
| 470 | | - | removed or discontinued as a result of an objection, and the 313 |
|---|
| 471 | | - | grade level and course for which a removed or discontinued 314 |
|---|
| 472 | | - | material was used, as applicable. This subsection does not 315 |
|---|
| 473 | | - | preclude school districts from purchasing or using other 316 |
|---|
| 474 | | - | materials to supplement reading instruction and provide 317 |
|---|
| 475 | | - | additional skills practice. 318 |
|---|
| 476 | | - | Section 6. This act shall take effect July 1, 2022. 319 |
|---|
| 421 | + | 1006.40 Use of instructional materials allocation; 276 |
|---|
| 422 | + | instructional materials, libra ry books, and reference books; 277 |
|---|
| 423 | + | repair of books.— 278 |
|---|
| 424 | + | (4) Each district school board is responsible for the 279 |
|---|
| 425 | + | content of all materials used in a classroom or otherwise made 280 |
|---|
| 426 | + | available to students. Each district school board shall adopt 281 |
|---|
| 427 | + | rules, and each district s chool superintendent shall implement 282 |
|---|
| 428 | + | procedures, that: 283 |
|---|
| 429 | + | (b) Provide a process for public review of, public comment 284 |
|---|
| 430 | + | on, and the adoption of instructional materials, including those 285 |
|---|
| 431 | + | instructional materials used to provide instruction required by 286 |
|---|
| 432 | + | s. 1003.42 teach reproductive health or any disease, including 287 |
|---|
| 433 | + | HIV/AIDS, under ss. 1003.42(3) and 1003.46 , which satisfies the 288 |
|---|
| 434 | + | requirements of s. 1006.283(2)(b)8., 9., and 11. 289 |
|---|
| 435 | + | Section 5. This act shall take effect July 1, 2022. 290 |
|---|