Florida 2023 2023 Regular Session

Florida House Bill H0287 Comm Sub / Bill

Filed 03/31/2023

                       
 
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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; providing requirements for such 6 
instruction; amending ss. 1006.148 and 1014.05, F.S.; 7 
conforming cross-references; providing an effective 8 
date. 9 
 10 
Be It Enacted by the Legislature o f the State of Florida: 11 
 12 
 Section 1.  Subsection (2) of section 1003.42, Florida 13 
Statutes, is amended to read: 14 
 1003.42  Required instruction. — 15 
 (2)  Members of the instructional staff of the public 16 
schools, subject to the rules of the State Board of Edu cation 17 
and the district school board, shall teach efficiently and 18 
faithfully, using the books and materials required that meet the 19 
highest standards for professionalism and historical accuracy, 20 
following the prescribed courses of study, and employing 21 
approved methods of instruction, the following: 22 
 (a)  The history and content of the Declaration of 23 
Independence, including national sovereignty, natural law, self -24 
evident truth, equality of all persons, limited government, 25     
 
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popular sovereignty, and inalienable rights of life, liberty, 26 
and property, and how they form the philosophical foundation of 27 
our government. 28 
 (b)  The history, meaning, significance, and effect of the 29 
provisions of the Constitution of the United States and 30 
amendments thereto, with emphasis o n each of the 10 amendments 31 
that make up the Bill of Rights and how the constitution 32 
provides the structure of our government. 33 
 (c)  The arguments in support of adopting our republican 34 
form of government, as they are embodied in the most important 35 
of the Federalist Papers. 36 
 (d)  Flag education, including proper flag display and flag 37 
salute. 38 
 (e)  The elements of civil government, including the 39 
primary functions of and interrelationships between the Federal 40 
Government, the state, and its counties, municipali ties, school 41 
districts, and special districts. 42 
 (f)  The history of the United States, including the period 43 
of discovery, early colonies, the War for Independence, the 44 
Civil War, the expansion of the United States to its present 45 
boundaries, the world wars, and the civil rights movement to the 46 
present. American history shall be viewed as factual, not as 47 
constructed, shall be viewed as knowable, teachable, and 48 
testable, and shall be defined as the creation of a new nation 49 
based largely on the universal princi ples stated in the 50     
 
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Declaration of Independence. 51 
 (g)1.  The history of the Holocaust (1933 -1945), the 52 
systematic, planned annihilation of European Jews and other 53 
groups by Nazi Germany, a watershed event in the history of 54 
humanity, to be taught in a manner that leads to an 55 
investigation of human behavior, an understanding of the 56 
ramifications of prejudice, racism, and stereotyping, and an 57 
examination of what it means to be a responsible and respectful 58 
person, for the purposes of encouraging tolerance of div ersity 59 
in a pluralistic society and for nurturing and protecting 60 
democratic values and institutions, including the policy, 61 
definition, and historical and current examples of anti -62 
Semitism, as described in s. 1000.05(8), and the prevention of 63 
anti-Semitism. Each school district must annually certify and 64 
provide evidence to the department, in a manner prescribed by 65 
the department, that the requirements of this paragraph are met. 66 
The department shall prepare and offer standards and curriculum 67 
for the instruction required by this paragraph and may seek 68 
input from the Commissioner of Education's Task Force on 69 
Holocaust Education or from any state or nationally recognized 70 
Holocaust educational organizations. The department may contract 71 
with any state or nationally recognized Holocaust educational 72 
organizations to develop training for instructional personnel 73 
and grade-appropriate classroom resources to support the 74 
developed curriculum. 75     
 
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 2.  The second week in November shall be designated as 76 
"Holocaust Education Week " in this state in recognition that 77 
November is the anniversary of Kristallnacht, widely recognized 78 
as a precipitating event that led to the Holocaust. 79 
 (h)  The history of African Americans, including the 80 
history of African peoples before the political co nflicts that 81 
led to the development of slavery, the passage to America, the 82 
enslavement experience, abolition, and the history and 83 
contributions of Americans of the African diaspora to society. 84 
Students shall develop an understanding of the ramifications o f 85 
prejudice, racism, and stereotyping on individual freedoms, and 86 
examine what it means to be a responsible and respectful person, 87 
for the purpose of encouraging tolerance of diversity in a 88 
pluralistic society and for nurturing and protecting democratic 89 
values and institutions. Instruction shall include the roles and 90 
contributions of individuals from all walks of life and their 91 
endeavors to learn and thrive throughout history as artists, 92 
scientists, educators, businesspeople, influential thinkers, 93 
members of the faith community, and political and governmental 94 
leaders and the courageous steps they took to fulfill the 95 
promise of democracy and unite the nation. Instructional 96 
materials shall include the vital contributions of African 97 
Americans to build and stren gthen American society and celebrate 98 
the inspirational stories of African Americans who prospered, 99 
even in the most difficult circumstances. Instructional 100     
 
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personnel may facilitate discussions and use curricula to 101 
address, in an age-appropriate manner, how the individual 102 
freedoms of persons have been infringed by slavery, racial 103 
oppression, racial segregation, and racial discrimination, as 104 
well as topics relating to the enactment and enforcement of laws 105 
resulting in racial oppression, racial segregation, and racial 106 
discrimination and how recognition of these freedoms has 107 
overturned these unjust laws. However, classroom instruction and 108 
curriculum may not be used to indoctrinate or persuade students 109 
to a particular point of view inconsistent with the principles 110 
enumerated in subsection (3) or the state academic standards. 111 
The department shall prepare and offer standards and curriculum 112 
for the instruction required by this paragraph and may seek 113 
input from the Commissioner of Education's African American 114 
History Task Force. 115 
 (i)  The history of Asian Americans and Pacific Islanders, 116 
including the history of Japanese internment camps and the 117 
incarceration of Japanese -Americans during World War II; the 118 
immigration, citizenship, civil rights, identity, and culture of 119 
Asian Americans and Pacific Islanders; and the contributions of 120 
Asian Americans and Pacific Islanders to American society. 121 
Instructional materials shall include the contributions of Asian 122 
Americans and Pacific Islanders to American society. 123 
 (j)(i) The elementary principles of agriculture. 124 
 (k)(j) The true effects of all alcoholic and intoxicating 125     
 
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liquors and beverages and narcotics upon the human body and 126 
mind. 127 
 (l)(k) Kindness to animals. 128 
 (m)(l) The history of the state. 129 
 (n)(m) The conservation of natural resources. 130 
 (o)(n) Comprehensive age-appropriate and developmentally 131 
appropriate K-12 instruction on: 132 
 1.  Health education that addresses concepts of community 133 
health, consumer health, environmental health, and family life, 134 
including: 135 
 a. Injury prevention and safety. 136 
 b.  Internet safety. 137 
 c.  Nutrition. 138 
 d.  Personal health. 139 
 e.  Prevention and control of disease. 140 
 f.  Substance use and abuse. 141 
 g.  Prevention of child sexual abuse, exploitation, and 142 
human trafficking. 143 
 2.  For students in grades 7 through 12, teen dating 144 
violence and abuse. This component must include, but not be 145 
limited to, the definition of dating violence and abuse, the 146 
warning signs of dating violence and abusive behavior, the 147 
characteristics of healthy relationships , measures to prevent 148 
and stop dating violence and abuse, and community resources 149 
available to victims of dating violence and abuse. 150     
 
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 3.  For students in grades 6 through 12, awareness of the 151 
benefits of sexual abstinence as the expected standard and the 152 
consequences of teenage pregnancy. 153 
 4.  Life skills that build confidence, support mental and 154 
emotional health, and enable students to overcome challenges, 155 
including: 156 
 a.  Self-awareness and self-management. 157 
 b.  Responsible decisionmaking. 158 
 c.  Resiliency. 159 
 d.  Relationship skills and conflict resolution. 160 
 e.  Understanding and respecting other viewpoints and 161 
backgrounds. 162 
 f.  For grades 9 through 12, developing leadership skills, 163 
interpersonal skills, organization skills, and research skills; 164 
creating a resume, including a digital resume; exploring career 165 
pathways; using state career planning resources; developing and 166 
practicing the skills necessary for employment interviews; 167 
workplace ethics and workplace law; managing stress and 168 
expectations; and self -motivation. 169 
 170 
Health education and life skills instruction and materials may 171 
not contradict the principles enumerated in subsection (3). 172 
 (p)(o) Such additional materials, subjects, courses, or 173 
fields in such grades as are prescribed by law or by rules of 174 
the State Board of Education and the district school board in 175     
 
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fulfilling the requirements of law. 176 
 (q)(p) The study of Hispanic contributions to the United 177 
States. 178 
 (r)(q) The study of women's contributions to the United 179 
States. 180 
 (s)(r) The nature and importance of free enterprise to the 181 
United States economy. 182 
 (t)(s) Civic and character education on the qualities and 183 
responsibilities of patriotism and citizenship, including 184 
kindness; respect for authority, life, liberty, and personal 185 
property; honesty; charity; racial, ethnic, and religious 186 
tolerance; and cooperation and, for grades 11 and 12, voting 187 
using the uniform primary and general election ballot described 188 
in s. 101.151(9). 189 
 (u)(t) In order to encourage patriotism, the sacrific es 190 
that veterans and Medal of Honor recipients have made in serving 191 
our country and protecting democratic values worldwide. Such 192 
instruction must occur on or before Medal of Honor Day, 193 
Veterans' Day, and Memorial Day. Members of the instructional 194 
staff are encouraged to use the assistance of local veterans and 195 
Medal of Honor recipients when practicable. 196 
 197 
The State Board of Education is encouraged to adopt standards 198 
and pursue assessment of the requirements of this subsection. 199 
Instructional programming that incorporates the values of the 200     
 
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recipients of the Congressional Medal of Honor and that is 201 
offered as part of a social studies, English Language Arts, or 202 
other schoolwide character building and veteran awareness 203 
initiative meets the requirements of paragrap h (u) (t). 204 
 Section 2.  Paragraph (c) of subsection (1) of section 205 
1006.148, Florida Statutes, is amended to read: 206 
 1006.148  Dating violence and abuse prohibited. — 207 
 (1)  Each district school board shall adopt and implement a 208 
dating violence and abuse po licy. The policy shall: 209 
 (c)  Define dating violence and abuse and provide for a 210 
teen dating violence and abuse component in the health education 211 
curriculum, according to s. 1003.42(2)(o)2. s. 1003.42(2)(n)2., 212 
with emphasis on prevention education. 213 
 Section 3.  Paragraphs (d) and (f) of subsection (1) of 214 
section 1014.05, Florida Statutes, are amended to read: 215 
 1014.05  School district notifications on parental rights. — 216 
 (1)  Each district school board shall, in consultation with 217 
parents, teachers, and adm inistrators, develop and adopt a 218 
policy to promote parental involvement in the public school 219 
system. Such policy must include: 220 
 (d)  Procedures, pursuant to s. 1002.20(3)(d), for a parent 221 
to withdraw his or her minor child from any portion of the 222 
school district's comprehensive health education required under 223 
s. 1003.42(2)(o) s. 1003.42(2)(n) that relates to sex education 224 
or instruction in acquired immune deficiency syndrome education 225     
 
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or any instruction regarding sexuality if the parent provides a 226 
written objection to his or her minor child's participation. 227 
Such procedures must provide for a parent to be notified in 228 
advance of such course content so that he or she may withdraw 229 
his or her minor child from those portions of the course. 230 
 (f)  Procedures for a p arent to learn about parental rights 231 
and responsibilities under general law, including all of the 232 
following: 233 
 1.  Pursuant to s. 1002.20(3)(d), the right to opt his or 234 
her minor child out of any portion of the school district's 235 
comprehensive health educati on required under s. 1003.42(2)(o) 236 
s. 1003.42(2)(n) that relates to sex education instruction in 237 
acquired immune deficiency syndrome education or any instruction 238 
regarding sexuality. 239 
 2.  A plan to disseminate information, pursuant to s. 240 
1002.20(6), about school choice options, including open 241 
enrollment. 242 
 3.  In accordance with s. 1002.20(3)(b), the right of a 243 
parent to exempt his or her minor child from immunizations. 244 
 4.  In accordance with s. 1008.22, the right of a parent to 245 
review statewide, standardiz ed assessment results. 246 
 5.  In accordance with s. 1003.57, the right of a parent to 247 
enroll his or her minor child in gifted or special education 248 
programs. 249 
 6.  In accordance with s. 1006.28(2)(a)1., the right of a 250     
 
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parent to inspect school district instruct ional materials. 251 
 7.  In accordance with s. 1008.25, the right of a parent to 252 
access information relating to the school district's policies 253 
for promotion or retention, including high school graduation 254 
requirements. 255 
 8.  In accordance with s. 1002.20(14), t he right of a 256 
parent to receive a school report card and be informed of his or 257 
her minor child's attendance requirements. 258 
 9.  In accordance with s. 1002.23, the right of a parent to 259 
access information relating to the state public education 260 
system, state standards, report card requirements, attendance 261 
requirements, and instructional materials requirements. 262 
 10.  In accordance with s. 1002.23(4), the right of a 263 
parent to participate in parent -teacher associations and 264 
organizations that are sanctioned by a di strict school board or 265 
the Department of Education. 266 
 11.  In accordance with s. 1002.222(1)(a), the right of a 267 
parent to opt out of any district -level data collection relating 268 
to his or her minor child not required by law. 269 
 Section 4.  This act shall tak e effect July 1, 2023. 270