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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 by a certain date; requiring 12
certain materials to be selected by employees who meet 13
specified criteria; requiring district school b oards 14
to adopt procedures for developing library media 15
center collections; providing requirements for such 16
procedures; requiring elementary schools, district 17
school boards, and the Department of Education to post 18
on their websites specified information rel ating to 19
instructional materials and other materials in certain 20
formats; providing district school board requirements; 21
providing that school principals are responsible for 22
overseeing compliance with specified procedures 23
relating to library media center mat erials; amending 24
s. 1006.29, F.S.; requiring the department to develop 25
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a training program for the selection of materials used 26
in schools and library media centers by a certain 27
date; amending s. 1006.40, F.S.; revising district 28
school board requirements for the selection and 29
adoption of certain materials; amending s. 1011.67, 30
F.S.; requiring that the certification by district 31
school superintendents to the Commissioner of 32
Education identifies instructional materials that are 33
the subject of an objection and pr ovides specified 34
information related to the objection; providing an 35
effective date. 36
37
Be It Enacted by the Legislature of the State of Florida: 38
39
Section 1. Section 1001.35, Florida Statutes, is amended 40
to read: 41
1001.35 Term of office. —District school board members 42
shall be elected at the general election in November for terms 43
of 4 years except that a person may not appear on the ballot for 44
reelection to the office of school board member if, by the end 45
of his or her current term of office, the perso n will have 46
served, or but for resignation would have served, in that office 47
for 12 consecutive years. Service of a term of office which 48
commenced before November 8, 2022, will not be counted toward 49
the limitation imposed by this section. 50
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Section 2. Paragraphs (a) and (d) of subsection (2) and 51
subsection (4) of section 1006.28, Florida Statutes, are 52
amended, and paragraph (e) is added to subsection (2) of that 53
section, to read: 54
1006.28 Duties of district school board, district school 55
superintendent; and school principal regarding K -12 56
instructional materials. — 57
(2) DISTRICT SCHOOL BOARD. —The district school board has 58
the constitutional duty and responsibility to select and provide 59
adequate instructional materials for all students in accordance 60
with the requirements of this part. The district school board 61
also has the following specific duties and responsibilities: 62
(a) Courses of study; adoption. —Adopt courses of study, 63
including instructional materials, for use in the schools of the 64
district. 65
1. Each district school board is responsible for the 66
content of all instructional materials and any other materials 67
used in a classroom, made available in a school library, or 68
included on a reading list, whether adopted and purchased from 69
the state-adopted instructional materials list, adopted and 70
purchased through a district instructional materials program 71
under s. 1006.283, or otherwise purchased or made available. 72
Each district school board shall maintain on its website a 73
current list of instructional materia ls, by grade level, 74
purchased by the district. 75
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2. Each district school board must adopt a policy 76
regarding an objection by a parent or a resident of the county 77
to the use of a specific instructional material, which clearly 78
describes a process to handle a ll objections and provides for 79
resolution. The process must provide the parent or resident the 80
opportunity to proffer evidence to the district school board 81
that: 82
a. An instructional material does not meet the criteria of 83
s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 84
a course or otherwise made available to students in the school 85
district but was not subject to the public notice, review, 86
comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 87
and 11. 88
b. Any material used in a clas sroom, made available in a 89
school library, or included on a reading list contains content 90
that is pornographic or prohibited under s. 847.012, is not 91
suited to student needs and their ability to comprehend the 92
material presented, or is inappropriate for th e grade level and 93
age group for which the material is used. 94
95
If the district school board finds that an instructional 96
material does not meet the criteria under sub -subparagraph a. or 97
that any other material contains prohibited content under sub -98
subparagraph b., the school district shall discontinue use of 99
the material for any grade level or age group for which such use 100
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is inappropriate or unsuitable. 101
3. Each district school board must establish a process by 102
which the parent of a public school student or a resident of the 103
county may contest the district school board's adoption of a 104
specific instructional material. The parent or resident must 105
file a petition, on a form provided by the school board, within 106
30 calendar days after the adoption of the instructional 107
material by the school board. The school board must make the 108
form available to the public and publish the form on the school 109
district's website. The form must be signed by the parent or 110
resident, include the required contact information, and state 111
the objection to the instructional material based on the 112
criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days 113
after the 30-day period has expired, the school board must, for 114
all petitions timely received , conduct at least one open public 115
hearing before an unbiased and qualified hearing officer. The 116
hearing officer may not be an employee or agent of the school 117
district. The hearing is not subject to the provisions of 118
chapter 120; however, the hearing must provide sufficient 119
procedural protections to allow each petitioner an adequate and 120
fair opportunity to be heard and present evidence to the hearing 121
officer. The school board's decision after convening a hearing 122
is final and not subject to further petition or review. 123
4. Meetings of committees convened for the purpose of 124
ranking, eliminating, or selecting instructional materials for 125
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recommendation to the district school board must be noticed and 126
open to the public in accordance with s. 286.011. Any committe es 127
convened for such purposes must include parents of district 128
students. 129
(d) School library media services; establishment and 130
maintenance.—Establish and maintain a program of school library 131
media services for all public schools in the district, including 132
school library media centers, or school library media centers 133
open to the public, and, in addition such traveling or 134
circulating libraries as may be needed for the proper operation 135
of the district school system. Beginning January 1, 2023, Each 136
school district shall provide training to school librarians, and 137
media specialists, and other personnel involved in the selection 138
of school district library materials must complete the training 139
program developed pursuant to s. 1006.29(6) before reviewing and 140
selecting regarding the prohibition against distributing harmful 141
materials to minors under s. 847.012 and applicable case law, 142
and best practices for providing students access to age-143
appropriate materials and library resources. Upon written 144
request, a school distr ict shall provide access to any material 145
or book specified in the request that is maintained in a 146
district school system library and is available for review. 147
1. Each book made available to students through a school 148
district library media center or includ ed in a recommended or 149
assigned school or grade -level reading list must be selected by 150
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a school district employee who holds a valid educational media 151
specialist certificate, regardless of whether the book is 152
purchased, donated, or otherwise made available to students. 153
2. Each district school board shall adopt procedures for 154
developing library media center collections and post the 155
procedures on the website for each school within the district. 156
The procedures must: 157
a. Require that book selections meet the criteria in s. 158
1006.40(3)(d). 159
b. Require consultation of reputable, professionally 160
recognized reviewing periodicals and school community 161
stakeholders. 162
c. Provide for library media center collections based on 163
reader interest, support of state academic s tandards and aligned 164
curriculum, and the academic needs of students and faculty. 165
d. Provide for the regular removal or discontinuance of 166
books based on, at a minimum, physical condition, rate of recent 167
circulation, alignment to state academic standards a nd relevancy 168
to curriculum, out-of-date content, and required removal 169
pursuant to subparagraph (a)2. 170
3. Each elementary school must publish on its website, in 171
a searchable format prescribed by the department, a list of all 172
materials maintained in the sch ool library media center or 173
required as part of a school or grade -level reading list. 174
(e) Public participation. —Publish on its website, in a 175
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searchable format prescribed by the department, a list of all 176
instructional materials, including those used to pr ovide 177
instruction required by s. 1003.42. Each district school board 178
must: 179
1. Provide access to all materials, excluding teacher 180
editions, in accordance with s. 1006.283(2)(b)8.a. before the 181
district school board takes any official action on such 182
materials. This process must include reasonable safeguards 183
against the unauthorized use, reproduction, and distribution of 184
instructional materials considered for adoption. 185
2. Select, approve, adopt, or purchase all materials as a 186
separate line item on the agend a and must provide a reasonable 187
opportunity for public comment. The use of materials described 188
in this paragraph may not be selected, approved, or adopted as 189
part of a consent agenda. 190
3. Annually, beginning June 30, 2023, submit to the 191
Commissioner of Education a report that identifies: 192
a. Each material for which the school district received an 193
objection pursuant to subparagraph (a)2. for the school year and 194
the specific objections thereto. 195
b. Each material that was removed or discontinued as a 196
result of an objection. 197
c. The grade level and course for which a removed or 198
discontinued material was used, as applicable. 199
200
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The department shall publish and regularly update a list of 201
materials that were removed or discontinued as a result of an 202
objection and disseminate the list to school districts for 203
consideration in their selection procedures. 204
(4) SCHOOL PRINCIPAL. —The school principal has the 205
following duties for the management and care of instructional 206
materials at the school: 207
(a) Proper use of instructional materials. —The principal 208
shall assure that instructional materials are used to provide 209
instruction to students enrolled at the grade level or levels 210
for which the materials are designed, pursuant to adopted 211
district school board rule. The school principal shall 212
communicate to parents the manner in which instructional 213
materials are used to implement the curricular objectives of the 214
school. 215
(b) Money collected for lost or damaged instructional 216
materials; enforcement. —The school principal shall collect from 217
each student or the student's parent the purchase price of any 218
instructional material the student has lost, destroyed, or 219
unnecessarily damaged and to report and transmit the money 220
collected to the district school superintendent. The failure to 221
collect such sum upon reasonable effort by the school principal 222
may result in the suspension of the student from participation 223
in extracurricular activities or satisfaction of the debt by the 224
student through community service activities at the s chool site 225
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as determined by the school principal, pursuant to policies 226
adopted by district school board rule. 227
(c) Sale of instructional materials. —The school principal, 228
upon request of the parent of a student in the school, shall 229
sell to the parent any i nstructional materials used in the 230
school. All such sales shall be made pursuant to rule adopted by 231
the district school board, and the principal shall annually 232
provide information to parents that they may purchase 233
instructional materials and how to purchas e the materials. 234
(d) Disposition of funds. —All money collected from the 235
sale, exchange, loss, or damage of instructional materials shall 236
be transmitted to the district school superintendent to be 237
deposited in the district school board fund and added to t he 238
district appropriation for instructional materials. 239
(e) Accounting for instructional materials. —Principals 240
shall see that all instructional materials are fully and 241
properly accounted for as prescribed by adopted rules of the 242
district school board. 243
(f) Selection of library media center materials. —School 244
principals are responsible for overseeing compliance with school 245
district procedures for selecting school library media center 246
materials at the school to which they are assigned. 247
Section 3. Subsection (2) of section 1006.29, Florida 248
Statutes, is amended, and subsection (6) is added to that 249
section, to read: 250
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1006.29 State instructional materials reviewers. — 251
(2) For purposes of this part state adoption, the term 252
"instructional materials" means ite ms having intellectual 253
content that by design serve as a major tool for assisting in 254
the instruction of a subject or course. These items may be 255
available in bound, unbound, kit, or package form and may 256
consist of hardbacked or softbacked textbooks, electro nic 257
content, consumables, learning laboratories, manipulatives, 258
electronic media, and computer courseware or software. A 259
publisher or manufacturer providing instructional materials as a 260
single bundle shall also make the instructional materials 261
available as separate and unbundled items, each priced 262
individually. A publisher may also offer sections of state -263
adopted instructional materials in digital or electronic 264
versions at reduced rates to districts, schools, and teachers. 265
(6) The department shall develop an online training 266
program for school librarians, media specialists, and other 267
personnel involved in the selection and maintenance of library 268
media and collections or materials maintained on a reading list. 269
This training must assist reviewers in complying with the 270
requirements of s. 1006.31(2). The department shall make this 271
training available no later than January 1, 2023. No later than 272
July 1, 2023, and annually thereafter, each superintendent must 273
certify to the departme nt that all school librarians and media 274
specialists employed by the district have completed the online 275
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training program. 276
Section 4. Paragraph (b) of subsection (4) of section 277
1006.40, Florida Statutes, is amended to read: 278
1006.40 Use of instructional materials allocation; 279
instructional materials, library books, and reference books; 280
repair of books.— 281
(4) Each district school board is responsible for the 282
content of all materials used in a classroom or otherwise made 283
available to students. Each distric t school board shall adopt 284
rules, and each district school superintendent shall implement 285
procedures, that: 286
(b) Provide a process for public review of, public comment 287
on, and the adoption of instructional materials, including those 288
instructional material s used to provide instruction required by 289
s. 1003.42 teach reproductive health or any disease, including 290
HIV/AIDS, under ss. 1003.42(3) and 1003.46 , which satisfies the 291
requirements of s. 1006.283(2)(b)8., 9., and 11. 292
Section 5. Subsection (2) of secti on 1011.67, Florida 293
Statutes, is amended to read: 294
1011.67 Funds for instructional materials. — 295
(2) Annually by July 1 and before the release of 296
instructional materials funds, each district school 297
superintendent shall certify to the Commissioner of Educa tion 298
that the district school board has approved a comprehensive 299
staff development plan that supports fidelity of implementation 300
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of instructional materials programs, including verification that 301
training was provided; that the materials are being implemente d 302
as designed; and, beginning July 1, 2021, for core reading 303
materials and reading intervention materials used in 304
kindergarten through grade 5, that the materials meet the 305
requirements of s. 1001.215(8). Such instructional materials, as 306
evaluated and identified pursuant to s. 1001.215(4), may be 307
purchased by the school district with funds under this section 308
without undergoing the adoption procedures under s. 309
1006.40(4)(b). The certification must identify any material that 310
received an objection pursuant to s . 1006.28 for the school year 311
and the specific objections thereto, each material that was 312
removed or discontinued as a result of an objection, and the 313
grade level and course for which a removed or discontinued 314
material was used, as applicable. This subsection does not 315
preclude school districts from purchasing or using other 316
materials to supplement reading instruction and provide 317
additional skills practice. 318
Section 6. This act shall take effect July 1, 2022. 319