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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 approved 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 removed within a specified 20
time period and be unavailable to students until the 21
resolution of certain objections; providing that 22
parents have the right to read passages from specified 23
materials; requiring the discontinuation of specifi ed 24
materials under certain circumstances; providing 25
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requirements for certain meetings of school district 26
committees relating to instructional materials; 27
requiring the Commissioner of Education to appoint a 28
special magistrate under certain circumstances; 29
providing requirements for the special magistrate; 30
requiring the State Board of Education to approve or 31
reject the special magistrate's recommendation within 32
a specified timeframe; requiring school districts to 33
bear the costs of the special magistrate; requi ring 34
the State Board of Education to adopt rules; revising 35
certain district school board procedures relating to 36
library media center collections; revising elementary 37
school requirements relating to materials in specified 38
libraries; requiring district schoo l boards to adopt 39
and publish a specified process relating to student 40
access to certain materials; revising district school 41
board reporting requirements relating to materials 42
which received certain objections; requiring school 43
principals to communicate to and notify parents of 44
certain procedures and processes relating to 45
instructional materials; reenacting ss. 1000.05(2), 46
(3), (4)(a), (5), and (6)(d), 1001.453(2)(c), 47
1002.42(3)(a), 1003.27(2)(b) and (c), 1003.42(3)(a), 48
(c), (e), and (f), 1004.43(2), 1006.20 5(2)(b) and (3), 49
1009.23(7), 1009.24(10)(b), 1009.983(6), 50
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1009.986(3)(e), and 1014.05(1)(c), (d), and (f), F.S., 51
to incorporate the amendment made to s. 1000.21, F.S., 52
in references thereto; providing an effective date. 53
54
Be It Enacted by the Legislatur e of the State of Florida: 55
56
Section 1. Subsection (9) is added to section 1000.21, 57
Florida Statutes, to read: 58
1000.21 Systemwide definitions. —As used in the Florida 59
Early Learning-20 Education Code: 60
(9) "Sex" means the classification of a person as either 61
female or male based on the organization of the body of such 62
person for a specific reproductive role, as indicated by the 63
person's sex chromosomes, naturally occurring sex hormones, and 64
internal and external genitalia present at birth. 65
Section 2. Paragraph (b) of subsection (1) of section 66
1003.42, Florida Statutes, is amended to read: 67
1003.42 Required instruction. — 68
(1) 69
(b) All instructional materials, as defined in s. 70
1006.29(2), used to teach reproductive health or any disease, 71
including HIV/AIDS, its symptoms, development, and treatment, as 72
part of the courses referenced in subsection (5), must be 73
annually approved by the department a district school board in 74
an open, noticed public meeting . 75
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Section 3. Subsection (2) of section 1003.46 , Florida 76
Statutes, is amended to read: 77
1003.46 Health education; instruction in acquired immune 78
deficiency syndrome. — 79
(2) Throughout instruction in acquired immune deficiency 80
syndrome, sexually transmitted diseases, or health education, 81
when such instruction and course material contains instruction 82
in human sexuality, such instruction may only occur in grades 6 83
through 12 and a school shall: 84
(a) Teach that sex is determined by biology and 85
reproductive function at birth; that biological males impregna te 86
biological females by fertilizing the female egg with male 87
sperm; that the female then gestates the offspring; and that 88
these reproductive roles are binary, stable, and unchangeable. 89
(b)(a) Teach abstinence from sexual activity outside of 90
marriage as the expected standard for all school -age students 91
while teaching the benefits of monogamous heterosexual marriage. 92
(c)(b) Emphasize that abstinence from sexual activity is a 93
certain way to avoid out -of-wedlock pregnancy, sexually 94
transmitted diseases, including acquired immune deficiency 95
syndrome, and other associated health problems. 96
(d)(c) Teach that each student has the power to control 97
personal behavior and encourage students to base actions on 98
reasoning, self-esteem, and respect for others. 99
(e)(d) Provide instruction and material that is 100
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appropriate for the grade and age of the student. 101
102
The Department of Education must approve any materials used for 103
instruction under this subsection. 104
Section 4. Paragraphs (a), (d), and (e) of subsection (2) 105
and paragraphs (a) and (f) of subsection (4) of section 1006.28, 106
Florida Statutes, are amended to read: 107
1006.28 Duties of district school board, district school 108
superintendent; and school principal regarding K -12 109
instructional materials.— 110
(2) DISTRICT SCHOOL BOARD. —The district school board has 111
the constitutional duty and responsibility to select and provide 112
adequate instructional materials for all students in accordance 113
with the requirements of this part. The district school boar d 114
also has the following specific duties and responsibilities: 115
(a) Courses of study; adoption. —Adopt courses of study, 116
including instructional materials, for use in the schools of the 117
district. 118
1. Each district school board is responsible for the 119
content of all instructional materials and any other materials 120
used in a classroom, made available in a school or classroom 121
library, or included on a reading list, whether adopted and 122
purchased from the state -adopted instructional materials list, 123
adopted and purchased through a district instructional materials 124
program under s. 1006.283, or otherwise purchased or made 125
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available. 126
2. Each district school board must adopt a policy 127
regarding an objection by a parent or a resident of the county 128
to the use of a speci fic material, which clearly describes a 129
process to handle all objections and provides for resolution. 130
The objection form, as prescribed by State Board of Education 131
rule, and the district school board's process must be easy to 132
read and understand and be eas ily accessible on the homepage of 133
the school district's website. The objection form must also 134
identify the school district point of contact and contact 135
information for the submission of an objection. The process must 136
provide the parent or resident the oppo rtunity to proffer 137
evidence to the district school board that: 138
a. An instructional material does not meet the criteria of 139
s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 140
a course or otherwise made available to students in the school 141
district but was not subject to the public notice, review, 142
comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 143
and 11. 144
b. Any material used in a classroom, made available in a 145
school or classroom library, or included on a reading list 146
contains content which: that 147
(I) Is pornographic or prohibited under s. 847.012 ;, 148
(II) Depicts or describes sexual conduct as defined in s. 149
847.001(19), unless such material is for a course required by s. 150
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1003.46, s. 1003.42(2)(n)1.g., or identified by State Boar d of 151
Education rule; 152
(III) Is not suited to student needs and their ability to 153
comprehend the material presented ;, or 154
(IV) Is inappropriate for the grade level and age group 155
for which the material is used. 156
157
Any material that is subject to an objection on the basis of 158
sub-sub-subparagraph b.(I) or sub -sub-subparagraph b.(II) must 159
be removed within 5 school days of receipt of the objection and 160
remain unavailable until the objection is resolved. Parents 161
shall have the right to read passages from any mater ial that is 162
subject to an objection. If the school board denies a parent the 163
right to read passages due to content that meets the 164
requirements under sub -sub-subparagraph b.(I), the school 165
district shall discontinue the use of the material. If the 166
district school board finds that an instructional material meets 167
does not meet the requirements criteria under sub-subparagraph 168
a. or that any other material contains prohibited content under 169
sub-sub-subparagraph b.(I) sub-subparagraph b., the school 170
district shall discontinue use of the material . If the district 171
school board finds that any other material contains prohibited 172
content under sub-sub-subparagraph b. (II) -(IV), the school 173
district shall discontinue use of the material for any grade 174
level or age group for which such use is inappropriate or 175
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unsuitable. 176
3. Each district school board must establish a process by 177
which the parent of a public school student or a resident of the 178
county may contest the district school board's adoption of a 179
specific instructional material. The parent or resident must 180
file a petition, on a form provided by the school board, within 181
30 calendar days after the adoption of the instructional 182
material by the school board. The school board must make the 183
form available to the public and pu blish the form on the school 184
district's website. The form must be signed by the parent or 185
resident, include the required contact information, and state 186
the objection to the instructional material based on the 187
criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days 188
after the 30-day period has expired, the school board must, for 189
all petitions timely received, conduct at least one open public 190
hearing before an unbiased and qualified hearing officer. The 191
hearing officer may not be an employee or agent of the school 192
district. The hearing is not subject to the provisions of 193
chapter 120; however, the hearing must provide sufficient 194
procedural protections to allow each petitioner an adequate and 195
fair opportunity to be heard and present evidence to the hearing 196
officer. The school board's decision after convening a hearing 197
is final and not subject to further petition or review. 198
4. Meetings of committees convened for the purpose of 199
ranking, eliminating, or selecting instructional materials for 200
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recommendation to the district school board must be noticed and 201
open to the public in accordance with s. 286.011. Any committees 202
convened for such purposes must include parents of district 203
students who will have access to such materials . 204
5. Meetings of committees convened for the purpose of 205
resolving an objection by a parent or resident to specific 206
materials must be noticed and open to the public in accordance 207
with s. 286.011. Any committees convened for such purposes must 208
include parents of students who will have access to such 209
materials. 210
6. If a parent or a resident of the county disagrees with 211
the determination made by the district school board on the 212
objection to the use of a specific material, a parent may 213
request the Commissioner o f Education to appoint a special 214
magistrate who is a member of The Florida Bar in good standing 215
and who has at least 5 years' experience in administrative law. 216
The special magistrate shall determine facts relating to the 217
dispute over the school district pr ocedure or practice, consider 218
information provided by the school district, and render a 219
recommended decision for resolution to the State Board of 220
Education within 30 days after receipt of the request by the 221
parent. The State Board of Education must approve or reject the 222
recommended decision at its next regularly scheduled meeting 223
that is more than 7 calendar days and no more than 30 days after 224
the date the recommended decision is transmitted. The costs of 225
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the special magistrate shall be borne by the school district. 226
The State Board of Education shall adopt rules, including forms, 227
necessary to implement this subparagraph. 228
(d) School library media services; establishment and 229
maintenance.—Establish and maintain a program of school library 230
media services for a ll public schools in the district, including 231
school library media centers, or school library media centers 232
open to the public, and, in addition such traveling or 233
circulating libraries as may be needed for the proper operation 234
of the district school system. Beginning January 1, 2023, school 235
librarians, media specialists, and other personnel involved in 236
the selection of school district library materials must complete 237
the training program developed pursuant to s. 1006.29(6) before 238
reviewing and selecting age -appropriate materials and library 239
resources. Upon written request, a school district shall provide 240
access to any material or book specified in the request that is 241
maintained in a district school system library and is available 242
for review. 243
1. Each book made available to students through a school 244
district library media center or included in a recommended or 245
assigned school or grade -level reading list must be selected by 246
a school district employee who holds a valid educational media 247
specialist certificate, re gardless of whether the book is 248
purchased, donated, or otherwise made available to students. 249
2. Each district school board shall adopt procedures for 250
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developing library media center collections and post the 251
procedures on the website for each school withi n the district. 252
The procedures must: 253
a. Require that book selections meet the criteria in s. 254
1006.40(3)(d). 255
b. Require consultation of reputable, professionally 256
recognized reviewing periodicals and school community 257
stakeholders. 258
c. Provide for librar y media center collections , including 259
classroom libraries, based on reader interest, support of state 260
academic standards and aligned curriculum, and the academic 261
needs of students and faculty. 262
d. Provide for the regular removal or discontinuance of 263
books based on, at a minimum, physical condition, rate of recent 264
circulation, alignment to state academic standards and relevancy 265
to curriculum, out-of-date content, and required removal 266
pursuant to subparagraph (a)2. 267
3. Each elementary school must publi sh on its website, in 268
a searchable format prescribed by the department, a list of all 269
materials maintained and accessible in the school library media 270
center or a classroom library or required as part of a school or 271
grade-level reading list. 272
4. Each district school board shall adopt and publish on 273
its website the process for a parent to limit the books and 274
media materials his or her student can access in the school's 275
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library. 276
(e) Public participation. —Publish on its website, in a 277
searchable format pres cribed by the department, a list of all 278
instructional materials, including those used to provide 279
instruction required by s. 1003.42. Each district school board 280
must: 281
1. Provide access to all materials, excluding teacher 282
editions, in accordance with s. 10 06.283(2)(b)8.a. before the 283
district school board takes any official action on such 284
materials. This process must include reasonable safeguards 285
against the unauthorized use, reproduction, and distribution of 286
instructional materials considered for adoption. 287
2. Select, approve, adopt, or purchase all materials as a 288
separate line item on the agenda and provide a reasonable 289
opportunity for public comment. The use of materials described 290
in this paragraph may not be selected, approved, or adopted as 291
part of a consent agenda. 292
3. Annually, beginning June 30, 2023, submit to the 293
Commissioner of Education a report that identifies: 294
a. Each material for which the school district received an 295
objection pursuant to subparagraph (a)2. , including the grade 296
level and course the material was used in, for the school year 297
and the specific objections thereto. 298
b. Each material that was removed or discontinued as a 299
result of an objection . 300
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c. Each material that was not removed or discontinued and 301
the rationale for not removi ng or discontinuing the material The 302
grade level and course for which a removed or discontinued 303
material was used, as applicable . 304
305
The department shall publish and regularly update a list of 306
materials that were removed or discontinued as a result of an 307
objection and disseminate the list to school districts for 308
consideration in their selection procedures. 309
(4) SCHOOL PRINCIPAL. —The school principal has the 310
following duties for the management and care of materials at the 311
school: 312
(a) Proper use of instructi onal materials.—The principal 313
shall assure that instructional materials are used to provide 314
instruction to students enrolled at the grade level or levels 315
for which the materials are designed, pursuant to adopted 316
district school board rule. The school princ ipal shall 317
communicate to parents the manner in which instructional 318
materials are used to implement the curricular objectives of the 319
school and the procedures for contesting the adoption and use of 320
instructional materials . 321
(f) Selection of library media center materials.—School 322
principals are responsible for overseeing compliance with school 323
district procedures for selecting school library media center 324
materials at the school to which they are assigned and notifying 325
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parents of the process for objecting to the use of specific 326
materials. 327
Section 5. Sections 1000.05(2), (3), (4)(a), (5), and 328
(6)(d), 1001.453(2)(c), 1002.42(3)(a), 1003.27(2)(b) and (c), 329
1003.42(3)(a), (c), (e), and (f), 1004.43(2), 1006.205(2)(b) and 330
(3), 1009.23(7), 1009.24(10)(b), 1009.9 83(6), 1009.986(3)(e), 331
and 1014.05(1)(c), (d), and (f), Florida Statutes, are reenacted 332
for the purpose of incorporating the amendment made by this act 333
to s. 1000.21, Florida Statutes, in references thereto. 334
Section 6. This act shall take effect July 1, 2023. 335