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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
A bill to be entitled 1
An act relating to education; amending s. 1000.21, 2
F.S.; defining the term "sex" for the Florida Early 3
Learning-20 Education Code; amending s. 1003.42, F.S.; 4
requiring all materials used for specified instruction 5
relating to reproductive health to be appro ved by the 6
Department of Education; amending s. 1003.46, F.S.; 7
providing additional requirements for certain 8
instruction regarding human sexuality; requiring the 9
Department of Education to approve specified 10
instructional materials; amending s. 1006.28, F.S .; 11
providing that district school boards are responsible 12
for materials used in classroom libraries; requiring 13
that a specified objection form and the district 14
school board's process meet certain requirements; 15
providing requirements for materials used in a 16
classroom library; revising the criteria by which a 17
parent or resident must meet to object to certain 18
materials used in the classroom; requiring certain 19
classroom materials to be unavailable to students 20
until the resolution of certain objections; providing 21
that parents have the right to read passages from 22
specified materials; providing requirements for 23
certain meetings of school district committees 24
relating to instructional materials; revising certain 25
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district school board procedures relating to library 26
media center collections; revising elementary school 27
requirements relating to materials in specified 28
libraries; requiring district school boards to adopt 29
and publish a specified process relating to student 30
access to certain materials; revising district school 31
board reporting requirements relating to materials 32
which received certain objections; requiring school 33
principals to communicate to and notify parents of 34
certain procedures and processes relating to 35
instructional materials; reenacting ss. 1000.05(2), 36
(3), (4)(a), (5), and (6)(d), 1001.453(2)(c), 37
1002.42(3)(a), 1003.27(2)(b) and (c), 1003.42(3)(a), 38
(c), (e), and (f), 1004.43(2), 1006.205(2)(b) and (3), 39
1009.23(7), 1009.24(10)(b), 1009.983(6), 40
1009.986(3)(e), and 1014.05(1)(c), (d), and (f), F.S., 41
to incorporate the amendment made to s. 1000.21, F.S., 42
in references thereto; providing an effective date. 43
44
Be It Enacted by the Legislature of the State of Florida: 45
46
Section 1. Subsection (9) is added to section 1000.21, 47
Florida Statutes, to read: 48
1000.21 Systemwide definitions. —As used in the Florida 49
Early Learning-20 Education Code: 50
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(9) "Sex" means the binary division of individuals based 51
upon reproductive function. 52
Section 2. Paragraph (b) of subsection (1) of section 53
1003.42, Florida Statutes, is amended to read: 54
1003.42 Required instruction. — 55
(1) 56
(b) All instructional materials, as defined in s. 57
1006.29(2), used to teach reproductive health or any disease, 58
including HIV/AIDS, its symptoms, development, and treatment, as 59
part of the courses r eferenced in subsection (5), must be 60
annually approved by the department a district school board in 61
an open, noticed public meeting . 62
Section 3. Subsection (2) of section 1003.46, Florida 63
Statutes, is amended to read: 64
1003.46 Health education; instruc tion in acquired immune 65
deficiency syndrome. — 66
(2) Throughout instruction in acquired immune deficiency 67
syndrome, sexually transmitted diseases, or health education, 68
when such instruction and course material contains instruction 69
in human sexuality, such instruction may only occur in grades 6 70
through 12 and a school shall: 71
(a) Teach that sex is determined by biology and 72
reproductive function at birth; that biological males impregnate 73
biological females by fertilizing the female egg with male 74
sperm; that the female then gestates the offspring; and that 75
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these reproductive roles are binary, stable, and unchangeable. 76
(b)(a) Teach abstinence from sexual activity outside of 77
marriage as the expected standard for all school -age students 78
while teaching the benefi ts of monogamous heterosexual marriage. 79
(c)(b) Emphasize that abstinence from sexual activity is a 80
certain way to avoid out -of-wedlock pregnancy, sexually 81
transmitted diseases, including acquired immune deficiency 82
syndrome, and other associated health problems. 83
(d)(c) Teach that each student has th e power to control 84
personal behavior and encourage students to base actions on 85
reasoning, self-esteem, and respect for others. 86
(e)(d) Provide instruction and material that is 87
appropriate for the grade and age of the student. 88
89
The Department of Education must approve any materials used for 90
instruction under this subsection. 91
Section 4. Paragraphs (a), (d), and (e) of subsection (2) 92
and paragraphs (a) and (f) of subsection (4) of section 1006.28, 93
Florida Statutes, are amended to read: 94
1006.28 Duties of district school board, district school 95
superintendent; and school principal regarding K -12 96
instructional materials. — 97
(2) DISTRICT SCHOOL BOARD. —The district school board has 98
the constitutional duty and responsibility to select and provide 99
adequate instructional materials for all students in accordance 100
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with the requirements of this part. The district school board 101
also has the following specific duties and responsibilities: 102
(a) Courses of study; adoption. —Adopt courses of study, 103
including instructional m aterials, for use in the schools of the 104
district. 105
1. Each district school board is responsible for the 106
content of all instructional materials and any other materials 107
used in a classroom, made available in a school or classroom 108
library, or included on a r eading list, whether adopted and 109
purchased from the state -adopted instructional materials list, 110
adopted and purchased through a district instructional materials 111
program under s. 1006.283, or otherwise purchased or made 112
available. 113
2. Each district school board must adopt a policy 114
regarding an objection by a parent or a resident of the county 115
to the use of a specific material, which clearly describes a 116
process to handle all objections and provides for resolution. 117
The objection form, as prescribed by State B oard of Education 118
rule, and the district school board's process must be easy to 119
read and understand and be easily accessible on the homepage of 120
the school district's website. The process must provide the 121
parent or resident the opportunity to proffer eviden ce to the 122
district school board that: 123
a. An instructional material does not meet the criteria of 124
s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 125
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a course or otherwise made available to students in the school 126
district but was not subject t o the public notice, review, 127
comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 128
and 11. 129
b. Any material used in a classroom, made available in a 130
school or classroom library, or included on a reading list 131
contains content which: that 132
(I) Is pornographic or prohibited under s. 847.012 ;, 133
(II) Depicts or describes sexual conduct as defined in s. 134
847.001(19), unless such material is for a course required by s. 135
1003.46, s. 1003.42(2)(n)1.g., or identified by State Board of 136
Education rule; 137
(III) Is not suited to student needs and their ability to 138
comprehend the material presented ;, or 139
(IV) Is inappropriate for the grade level and age group 140
for which the material is used. 141
142
Any material that is subject to an objection on the basis of 143
sub-sub-subparagraph b.(I) or sub -sub-subparagraph b.(II) must 144
be unavailable to students until the objection is resolved. 145
Parents shall have the right to read passages from any material 146
that is subject to an objection. If the district school board 147
finds that an instructional material does not meet the criteria 148
under sub-subparagraph a. or that any other material contains 149
prohibited content under sub -subparagraph b., the school 150
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district shall discontinue use of the material for any grade 151
level or age group for whic h such use is inappropriate or 152
unsuitable. 153
3. Each district school board must establish a process by 154
which the parent of a public school student or a resident of the 155
county may contest the district school board's adoption of a 156
specific instructional mate rial. The parent or resident must 157
file a petition, on a form provided by the school board, within 158
30 calendar days after the adoption of the instructional 159
material by the school board. The school board must make the 160
form available to the public and publish the form on the school 161
district's website. The form must be signed by the parent or 162
resident, include the required contact information, and state 163
the objection to the instructional material based on the 164
criteria of s. 1006.31(2) or s. 1006.40(3)(d). Withi n 30 days 165
after the 30-day period has expired, the school board must, for 166
all petitions timely received, conduct at least one open public 167
hearing before an unbiased and qualified hearing officer. The 168
hearing officer may not be an employee or agent of the s chool 169
district. The hearing is not subject to the provisions of 170
chapter 120; however, the hearing must provide sufficient 171
procedural protections to allow each petitioner an adequate and 172
fair opportunity to be heard and present evidence to the hearing 173
officer. The school board's decision after convening a hearing 174
is final and not subject to further petition or review. 175
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4. Meetings of committees convened for the purpose of 176
ranking, eliminating, or selecting instructional materials for 177
recommendation to the d istrict school board must be noticed and 178
open to the public in accordance with s. 286.011. Any committees 179
convened for such purposes must include parents of district 180
students who will have access to such materials . 181
5. Meetings of committees convened for the purpose of 182
resolving an objection by a parent or resident to specific 183
materials must be noticed and open to the public in accordance 184
with s. 286.011. Any committees convened for such purposes must 185
include parents of students who will have access to suc h 186
materials. 187
(d) School library media services; establishment and 188
maintenance.—Establish and maintain a program of school library 189
media services for all public schools in the district, including 190
school library media centers, or school library media cente rs 191
open to the public, and, in addition such traveling or 192
circulating libraries as may be needed for the proper operation 193
of the district school system. Beginning January 1, 2023, school 194
librarians, media specialists, and other personnel involved in 195
the selection of school district library materials must complete 196
the training program developed pursuant to s. 1006.29(6) before 197
reviewing and selecting age -appropriate materials and library 198
resources. Upon written request, a school district shall provide 199
access to any material or book specified in the request that is 200
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maintained in a district school system library and is available 201
for review. 202
1. Each book made available to students through a school 203
district library media center or included in a recommended or 204
assigned school or grade -level reading list must be selected by 205
a school district employee who holds a valid educational media 206
specialist certificate, regardless of whether the book is 207
purchased, donated, or otherwise made available to students. 208
2. Each district school board shall adopt procedures for 209
developing library media center collections and post the 210
procedures on the website for each school within the district. 211
The procedures must: 212
a. Require that book selections meet the criteria in s. 213
1006.40(3)(d). 214
b. Require consultation of reputable, professionally 215
recognized reviewing periodicals and school community 216
stakeholders. 217
c. Provide for library media center collections , including 218
classroom libraries, based on reader interest, support of state 219
academic standards and aligned curriculum, and the academic 220
needs of students and faculty. 221
d. Provide for the regular removal or discontinuance of 222
books based on, at a minimum, physical condition, rate of recent 223
circulation, alignment to state academic sta ndards and relevancy 224
to curriculum, out-of-date content, and required removal 225
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pursuant to subparagraph (a)2. 226
3. Each elementary school must publish on its website, in 227
a searchable format prescribed by the department, a list of all 228
materials maintained and accessible in the school library media 229
center or a classroom library or required as part of a school or 230
grade-level reading list. 231
4. Each district school board shall adopt and publish on 232
its website the process for a parent to limit the books and 233
media materials his or her student can access in the school's 234
library. 235
(e) Public participation. —Publish on its website, in a 236
searchable format prescribed by the department, a list of all 237
instructional materials, including those used to provide 238
instruction required by s. 1003.42. Each district school board 239
must: 240
1. Provide access to all materials, excluding teacher 241
editions, in accorda nce with s. 1006.283(2)(b)8.a. before the 242
district school board takes any official action on such 243
materials. This process must include reasonable safeguards 244
against the unauthorized use, reproduction, and distribution of 245
instructional materials considered for adoption. 246
2. Select, approve, adopt, or purchase all materials as a 247
separate line item on the agenda and provide a reasonable 248
opportunity for public comment. The use of materials described 249
in this paragraph may not be selected, approved, or adopted a s 250
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part of a consent agenda. 251
3. Annually, beginning June 30, 2023, submit to the 252
Commissioner of Education a report that identifies: 253
a. Each material for which the school district received an 254
objection pursuant to subparagraph (a)2. , including the grade 255
level and course the material was used in, for the school year 256
and the specific objections thereto. 257
b. Each material that was removed or discontinued as a 258
result of an objection . 259
c. Each material that was not removed or discontinued and 260
the rationale for not removing or discontinuing the material The 261
grade level and course for which a removed or discontinued 262
material was used, as applicable . 263
264
The department shall publish and regularly update a list of 265
materials that were removed or discontinued as a re sult of an 266
objection and disseminate the list to school districts for 267
consideration in their selection procedures. 268
(4) SCHOOL PRINCIPAL. —The school principal has the 269
following duties for the management and care of materials at the 270
school: 271
(a) Proper use of instructional materials. —The principal 272
shall assure that instructional materials are used to provide 273
instruction to students enrolled at the grade level or levels 274
for which the materials are designed, pursuant to adopted 275
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district school board rule. Th e school principal shall 276
communicate to parents the manner in which instructional 277
materials are used to implement the curricular objectives of the 278
school and the procedures for contesting the adoption and use of 279
instructional materials . 280
(f) Selection of library media center materials. —School 281
principals are responsible for overseeing compliance with school 282
district procedures for selecting school library media center 283
materials at the school to which they are assigned and notifying 284
parents of the process fo r objecting to the use of specific 285
materials. 286
Section 5. Sections 1000.05(2), (3), (4)(a), (5), and 287
(6)(d), 1001.453(2)(c), 1002.42(3)(a), 1003.27(2)(b) and (c), 288
1003.42(3)(a), (c), (e), and (f), 1004.43(2), 1006.205(2)(b) and 289
(3), 1009.23(7), 1009.24( 10)(b), 1009.983(6), 1009.986(3)(e), 290
and 1014.05(1)(c), (d), and (f), Florida Statutes, are reenacted 291
for the purpose of incorporating the amendment made by this act 292
to s. 1000.21, Florida Statutes, in references thereto. 293
Section 6. This act shall take effect July 1, 2023. 294