Florida 2023 2023 Regular Session

Florida House Bill H0287 Introduced / Bill

Filed 01/19/2023

                       
 
HB 287  	2023 
 
 
 
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A bill to be entitled 1 
An act relating to required instruction in the history 2 
of Asian Americans and Pacific Islanders; amending s. 3 
1003.42, F.S.; requiring the history of Asian 4 
Americans and Pacific Islanders to be included in 5 
specified instruction; amending ss. 1006.148 and 6 
1014.05, F.S.; conforming cross -references; providing 7 
an effective date. 8 
 9 
Be It Enacted by the Legislature of the State of Florida: 10 
 11 
 Section 1.  Subsection (2) of section 1003.42, Florida 12 
Statutes, is amended to read: 13 
 1003.42  Required instruction. — 14 
 (2)  Members of the instructional staff of the public 15 
schools, subject to the rules of the State Board of Education 16 
and the district school board, shall t each efficiently and 17 
faithfully, using the books and materials required that meet the 18 
highest standards for professionalism and historical accuracy, 19 
following the prescribed courses of study, and employing 20 
approved methods of instruction, the following: 21 
 (a)  The history and content of the Declaration of 22 
Independence, including national sovereignty, natural law, self -23 
evident truth, equality of all persons, limited government, 24 
popular sovereignty, and inalienable rights of life, liberty, 25     
 
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and property, and ho w they form the philosophical foundation of 26 
our government. 27 
 (b)  The history, meaning, significance, and effect of the 28 
provisions of the Constitution of the United States and 29 
amendments thereto, with emphasis on each of the 10 amendments 30 
that make up the Bill of Rights and how the constitution 31 
provides the structure of our government. 32 
 (c)  The arguments in support of adopting our republican 33 
form of government, as they are embodied in the most important 34 
of the Federalist Papers. 35 
 (d)  Flag education, inclu ding proper flag display and flag 36 
salute. 37 
 (e)  The elements of civil government, including the 38 
primary functions of and interrelationships between the Federal 39 
Government, the state, and its counties, municipalities, school 40 
districts, and special districts . 41 
 (f)  The history of the United States, including the period 42 
of discovery, early colonies, the War for Independence, the 43 
Civil War, the expansion of the United States to its present 44 
boundaries, the world wars, and the civil rights movement to the 45 
present. American history shall be viewed as factual, not as 46 
constructed, shall be viewed as knowable, teachable, and 47 
testable, and shall be defined as the creation of a new nation 48 
based largely on the universal principles stated in the 49 
Declaration of Independenc e. 50     
 
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 (g)1.  The history of the Holocaust (1933 -1945), the 51 
systematic, planned annihilation of European Jews and other 52 
groups by Nazi Germany, a watershed event in the history of 53 
humanity, to be taught in a manner that leads to an 54 
investigation of human beha vior, an understanding of the 55 
ramifications of prejudice, racism, and stereotyping, and an 56 
examination of what it means to be a responsible and respectful 57 
person, for the purposes of encouraging tolerance of diversity 58 
in a pluralistic society and for nurtu ring and protecting 59 
democratic values and institutions, including the policy, 60 
definition, and historical and current examples of anti -61 
Semitism, as described in s. 1000.05(8), and the prevention of 62 
anti-Semitism. Each school district must annually certify a nd 63 
provide evidence to the department, in a manner prescribed by 64 
the department, that the requirements of this paragraph are met. 65 
The department shall prepare and offer standards and curriculum 66 
for the instruction required by this paragraph and may seek 67 
input from the Commissioner of Education's Task Force on 68 
Holocaust Education or from any state or nationally recognized 69 
Holocaust educational organizations. The department may contract 70 
with any state or nationally recognized Holocaust educational 71 
organizations to develop training for instructional personnel 72 
and grade-appropriate classroom resources to support the 73 
developed curriculum. 74 
 2.  The second week in November shall be designated as 75     
 
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"Holocaust Education Week" in this state in recognition that 76 
November is the anniversary of Kristallnacht, widely recognized 77 
as a precipitating event that led to the Holocaust. 78 
 (h)  The history of African Americans, including the 79 
history of African peoples before the political conflicts that 80 
led to the development of slaver y, the passage to America, the 81 
enslavement experience, abolition, and the history and 82 
contributions of Americans of the African diaspora to society. 83 
Students shall develop an understanding of the ramifications of 84 
prejudice, racism, and stereotyping on indi vidual freedoms, and 85 
examine what it means to be a responsible and respectful person, 86 
for the purpose of encouraging tolerance of diversity in a 87 
pluralistic society and for nurturing and protecting democratic 88 
values and institutions. Instruction shall incl ude the roles and 89 
contributions of individuals from all walks of life and their 90 
endeavors to learn and thrive throughout history as artists, 91 
scientists, educators, businesspeople, influential thinkers, 92 
members of the faith community, and political and gove rnmental 93 
leaders and the courageous steps they took to fulfill the 94 
promise of democracy and unite the nation. Instructional 95 
materials shall include the vital contributions of African 96 
Americans to build and strengthen American society and celebrate 97 
the inspirational stories of African Americans who prospered, 98 
even in the most difficult circumstances. Instructional 99 
personnel may facilitate discussions and use curricula to 100     
 
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address, in an age-appropriate manner, how the individual 101 
freedoms of persons have been infringed by slavery, racial 102 
oppression, racial segregation, and racial discrimination, as 103 
well as topics relating to the enactment and enforcement of laws 104 
resulting in racial oppression, racial segregation, and racial 105 
discrimination and how recognition of these freedoms has 106 
overturned these unjust laws. However, classroom instruction and 107 
curriculum may not be used to indoctrinate or persuade students 108 
to a particular point of view inconsistent with the principles 109 
enumerated in subsection (3) or the state ac ademic standards. 110 
The department shall prepare and offer standards and curriculum 111 
for the instruction required by this paragraph and may seek 112 
input from the Commissioner of Education's African American 113 
History Task Force. 114 
 (i)  The history of Asian Americans and Pacific Islanders, 115 
including the immigration, citizenship, civil rights, identity, 116 
and culture of Asian Americans and Pacific Islanders and the 117 
contributions of Asian Americans and Pacific Islanders to 118 
American society. Instructional materials shall include the 119 
contributions of Asian Americans and Pacific Islanders to 120 
American society. 121 
 (j)(i) The elementary principles of agriculture. 122 
 (k)(j) The true effects of all alcoholic and intoxicating 123 
liquors and beverages a nd narcotics upon the human body and 124 
mind. 125     
 
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 (l)(k) Kindness to animals. 126 
 (m)(l) The history of the state. 127 
 (n)(m) The conservation of natural resources. 128 
 (o)(n) Comprehensive age-appropriate and developmentally 129 
appropriate K-12 instruction on: 130 
 1.  Health education that addresses concepts of community 131 
health, consumer health, environmental health, and family life, 132 
including: 133 
 a.  Injury prevention and safety. 134 
 b.  Internet safety. 135 
 c.  Nutrition. 136 
 d.  Personal health. 137 
 e.  Prevention and control of dise ase. 138 
 f.  Substance use and abuse. 139 
 g.  Prevention of child sexual abuse, exploitation, and 140 
human trafficking. 141 
 2.  For students in grades 7 through 12, teen dating 142 
violence and abuse. This component must include, but not be 143 
limited to, the definition of d ating violence and abuse, the 144 
warning signs of dating violence and abusive behavior, the 145 
characteristics of healthy relationships, measures to prevent 146 
and stop dating violence and abuse, and community resources 147 
available to victims of dating violence and a buse. 148 
 3.  For students in grades 6 through 12, awareness of the 149 
benefits of sexual abstinence as the expected standard and the 150     
 
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consequences of teenage pregnancy. 151 
 4.  Life skills that build confidence, support mental and 152 
emotional health, and enable stude nts to overcome challenges, 153 
including: 154 
 a.  Self-awareness and self-management. 155 
 b.  Responsible decisionmaking. 156 
 c.  Resiliency. 157 
 d.  Relationship skills and conflict resolution. 158 
 e.  Understanding and respecting other viewpoints and 159 
backgrounds. 160 
 f.  For grades 9 through 12, developing leadership skills, 161 
interpersonal skills, organization skills, and research skills; 162 
creating a resume, including a digital resume; exploring career 163 
pathways; using state career planning resources; developing and 164 
practicing the skills necessary for employment interviews; 165 
workplace ethics and workplace law; managing stress and 166 
expectations; and self -motivation. 167 
 168 
Health education and life skills instruction and materials may 169 
not contradict the principles enumerated in subsection (3). 170 
 (p)(o) Such additional materials, subjects, courses, or 171 
fields in such grades as are prescribed by law or by rules of 172 
the State Board of Education and the district school board in 173 
fulfilling the requirements of law. 174 
 (q)(p) The study of Hispanic c ontributions to the United 175     
 
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States. 176 
 (r)(q) The study of women's contributions to the United 177 
States. 178 
 (s)(r) The nature and importance of free enterprise to the 179 
United States economy. 180 
 (t)(s) Civic and character education on the qualities and 181 
responsibilities of patriotism and citizenship, including 182 
kindness; respect for authority, life, liberty, and personal 183 
property; honesty; charity; racial, ethnic, and religious 184 
tolerance; and cooperation and, for grades 11 and 12, voting 185 
using the uniform primary and general election ballot described 186 
in s. 101.151(9). 187 
 (u)(t) In order to encourage patriotism, the sacrifices 188 
that veterans and Medal of Honor recipients have made in serving 189 
our country and protecting democratic values worldwide. Such 190 
instruction must occur on or before Medal of Honor Day, 191 
Veterans' Day, and Memorial Day. Members of the instructional 192 
staff are encouraged to use the assistance of local veterans and 193 
Medal of Honor recipients when practicable. 194 
 195 
The State Board of Education is enco uraged to adopt standards 196 
and pursue assessment of the requirements of this subsection. 197 
Instructional programming that incorporates the values of the 198 
recipients of the Congressional Medal of Honor and that is 199 
offered as part of a social studies, English La nguage Arts, or 200     
 
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other schoolwide character building and veteran awareness 201 
initiative meets the requirements of paragraph (u) (t). 202 
 Section 2.  Paragraph (c) of subsection (1) of section 203 
1006.148, Florida Statutes, is amended to read: 204 
 1006.148  Dating violence and abuse prohibited. — 205 
 (1)  Each district school board shall adopt and implement a 206 
dating violence and abuse policy. The policy shall: 207 
 (c)  Define dating violence and abuse and provide for a 208 
teen dating violence and abuse component in the health e ducation 209 
curriculum, according to s. 1003.42(2)(o)2. s. 1003.42(2)(n)2., 210 
with emphasis on prevention education. 211 
 Section 3.  Paragraphs (d) and (f) of subsection (1) of 212 
section 1014.05, Florida Statutes, are amended to read: 213 
 1014.05  School district not ifications on parental rights. — 214 
 (1)  Each district school board shall, in consultation with 215 
parents, teachers, and administrators, develop and adopt a 216 
policy to promote parental involvement in the public school 217 
system. Such policy must include: 218 
 (d)  Procedures, pursuant to s. 1002.20(3)(d), for a parent 219 
to withdraw his or her minor child from any portion of the 220 
school district's comprehensive health education required under 221 
s. 1003.42(2)(o) s. 1003.42(2)(n) that relates to sex education 222 
or instruction in acquired immune deficiency syndrome education 223 
or any instruction regarding sexuality if the parent provides a 224 
written objection to his or her minor child's participation. 225     
 
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Such procedures must provide for a parent to be notified in 226 
advance of such course co ntent so that he or she may withdraw 227 
his or her minor child from those portions of the course. 228 
 (f)  Procedures for a parent to learn about parental rights 229 
and responsibilities under general law, including all of the 230 
following: 231 
 1.  Pursuant to s. 1002.20( 3)(d), the right to opt his or 232 
her minor child out of any portion of the school district's 233 
comprehensive health education required under s. 1003.42(2)(o) 234 
s. 1003.42(2)(n) that relates to sex education instruction in 235 
acquired immune deficiency syndrome educ ation or any instruction 236 
regarding sexuality. 237 
 2.  A plan to disseminate information, pursuant to s. 238 
1002.20(6), about school choice options, including open 239 
enrollment. 240 
 3.  In accordance with s. 1002.20(3)(b), the right of a 241 
parent to exempt his or her mi nor child from immunizations. 242 
 4.  In accordance with s. 1008.22, the right of a parent to 243 
review statewide, standardized assessment results. 244 
 5.  In accordance with s. 1003.57, the right of a parent to 245 
enroll his or her minor child in gifted or special ed ucation 246 
programs. 247 
 6.  In accordance with s. 1006.28(2)(a)1., the right of a 248 
parent to inspect school district instructional materials. 249 
 7.  In accordance with s. 1008.25, the right of a parent to 250     
 
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access information relating to the school district's polici es 251 
for promotion or retention, including high school graduation 252 
requirements. 253 
 8.  In accordance with s. 1002.20(14), the right of a 254 
parent to receive a school report card and be informed of his or 255 
her minor child's attendance requirements. 256 
 9.  In accordance with s. 1002.23, the right of a parent to 257 
access information relating to the state public education 258 
system, state standards, report card requirements, attendance 259 
requirements, and instructional materials requirements. 260 
 10.  In accordance with s. 1002.2 3(4), the right of a 261 
parent to participate in parent -teacher associations and 262 
organizations that are sanctioned by a district school board or 263 
the Department of Education. 264 
 11.  In accordance with s. 1002.222(1)(a), the right of a 265 
parent to opt out of any d istrict-level data collection relating 266 
to his or her minor child not required by law. 267 
 Section 4.  This act shall take effect July 1, 2023. 268