Florida 2023 Regular Session

Florida House Bill H1069 Compare Versions

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1010 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
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14+A bill to be entitled 1
1515 An act relating to education; amending s. 1000.21, 2
1616 F.S.; defining the term "sex" for the Florida Early 3
1717 Learning-20 Education Code; creating s. 1000.071, 4
1818 F.S.; requiring specified policies relating to a 5
1919 person's sex at certain educational institutions; 6
2020 providing applicability; prohibiting employees, 7
2121 contractors, and students of such educational 8
2222 institutions from being required to use, from 9
2323 providing, and from being asked to provide certain 10
2424 titles and pronouns; prohibiting students from being 11
2525 penalized or subjected to certain treatment for not 12
2626 providing certain titles and pronouns; authorizing the 13
2727 State Board of Education to adopt rules; amending s. 14
2828 1001.42, F.S.; prohibiting classroom instruction on 15
2929 sexual orientation or gender identity from occurring 16
3030 in prekindergarten through grade 8, rather than 17
3131 kindergarten through grade 3; providing an exception; 18
3232 providing requirements if such instruction is provided 19
3333 in grades 9 through 12; providing that such 20
3434 prohibition applies to charter schools; requiring 21
3535 school districts to post specified policies on their 22
3636 websites; amending s. 1003.42, F.S.; requiring all 23
3737 materials used for specified instruction relating to 24
3838 reproductive health to be approved by the Department 25
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4747 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
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5151 of Education; amending s. 1003.46, F.S.; providing 26
5252 additional requirements for certain instruction 27
5353 regarding human sexuality; requiring the department to 28
5454 approve specified instructional materials; amending s. 29
5555 1006.28, F.S.; providing that district school boards 30
5656 are responsible for materials used in classroom 31
5757 libraries; requiring that a specified objection form 32
5858 and district school board process meet certain 33
5959 requirements; providing requirements for materials 34
6060 used in a classroom library; revising the criteria a 35
6161 parent or resident must meet to object to certain 36
6262 materials used in the classroom; requiring certain 37
6363 classroom materials to be removed within a specified 38
6464 time period and be unavailable to certain students 39
6565 until the resolution of certain objections; providing 40
6666 that parents have the right to read passages from 41
6767 specified materials; requiring the discontinuation of 42
6868 specified materials under certain circumstances; 43
6969 providing requirements for certain meetings of school 44
7070 district committees relating to instructional 45
7171 materials; requiring the Commissioner of Education to 46
7272 appoint a special magistrate under certain 47
7373 circumstances; providing requirements for and duties 48
7474 of the special magistrate; requiring the State Board 49
7575 of Education to approve or reject the special 50
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8484 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
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8888 magistrate's recommendation within a specified 51
8989 timeframe; requiring school districts to bear the 52
9090 costs of the special magistrate; requiring the State 53
9191 Board of Education to adopt rules; revising certain 54
9292 district school board procedures relating to library 55
9393 media center collections; revising elementary school 56
9494 requirements relating to materials in specified 57
9595 libraries; requiring district school boards to adopt 58
9696 and publish a specified process relating to student 59
9797 access to certain materials; revising district school 60
9898 board reporting requirements relating to materials 61
9999 which received certain objections; requiring school 62
100100 principals to communicate to and notify parents of 63
101101 certain procedures and processes relating to 64
102102 instructional materials; reenacting ss. 1000.05(2), 65
103103 (3), (4)(a), (5), and (6)(d), 1001.453(2)(c), 66
104104 1002.42(3)(a), 1003.27(2)(b) and (c), 1003.42(3)(a), 67
105105 (c), (e), and (f), 1004.43(2), 1006.205(2)(b) and (3), 68
106106 1009.23(7), 1009.24(10)(b), 1009.983(6), 69
107107 1009.986(3)(e), and 1014.05(1)(c), (d), and (f), F.S., 70
108108 to incorporate the amendment made to s. 1000.21, F.S., 71
109109 in references thereto; providing severability; 72
110110 providing an effective date. 73
111111 74
112112 Be It Enacted by the Legislature of the State of Florida: 75
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121121 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
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125125 76
126126 Section 1. Subsection (9) is added to section 1000.21, 77
127127 Florida Statutes, to read: 78
128128 1000.21 Systemwide definitions. —As used in the Florida 79
129129 Early Learning-20 Education Code: 80
130130 (9) "Sex" means the classification of a person as either 81
131131 female or male based on the organization of the body of such 82
132132 person for a specific reproductive role, as indicated by the 83
133133 person's sex chromosomes, natu rally occurring sex hormones, and 84
134134 internal and external genitalia present at birth. 85
135135 Section 2. Section 1000.071, Florida Statutes, is created 86
136136 to read: 87
137137 1000.071 Personal titles and pronouns. — 88
138138 (1) It shall be the policy of every public K -12 89
139139 educational institution that is provided or authorized by the 90
140140 Constitution and laws of Florida that a person's sex is an 91
141141 immutable biological trait and that it is false to ascribe to a 92
142142 person a pronoun that does not correspond to such person's sex. 93
143143 This section does not apply to individuals born with a 94
144144 genetically or biochemically verifiable disorder of sex 95
145145 development, including, but not limited to, 46, XX disorder of 96
146146 sex development; 46, XY disorder of sex development; sex 97
147147 chromosome disorder of sex development; X X or XY sex reversal; 98
148148 and ovotesticular disorder. 99
149149 (2) An employee, contractor, or student of a public K -12 100
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158158 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
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162162 educational institution may not be required, as a condition of 101
163163 employment or enrollment or participation in any program, to 102
164164 refer to another person using that person's preferred personal 103
165165 title or pronouns if such personal title or pronouns do not 104
166166 correspond to that person's sex. 105
167167 (3) An employee or contractor of a public K -12 educational 106
168168 institution may not provide to a student his or her preferred 107
169169 personal title or pronouns if such preferred personal title or 108
170170 pronouns do not correspond to his or her sex. 109
171171 (4) A student may not be asked by an employee or 110
172172 contractor of a public K -12 educational institution to provide 111
173173 his or her preferred personal tit le or pronouns or be penalized 112
174174 or subjected to adverse or discriminatory treatment for not 113
175175 providing his or her preferred personal title or pronouns. 114
176176 (5) The State Board of Education may adopt rules to 115
177177 administer this section. 116
178178 Section 3. Paragraph (c ) of subsection (8) of section 117
179179 1001.42, Florida Statutes, is amended to read: 118
180180 1001.42 Powers and duties of district school board. —The 119
181181 district school board, acting as a board, shall exercise all 120
182182 powers and perform all duties listed below: 121
183183 (8) STUDENT WELFARE.— 122
184184 (c)1. In accordance with the rights of parents enumerated 123
185185 in ss. 1002.20 and 1014.04, adopt procedures for notifying a 124
186186 student's parent if there is a change in the student's services 125
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195195 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
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199199 or monitoring related to the student's mental, emotional, or 126
200200 physical health or well -being and the school's ability to 127
201201 provide a safe and supportive learning environment for the 128
202202 student. The procedures must reinforce the fundamental right of 129
203203 parents to make decisions regarding the upbringing and control 130
204204 of their children by requiring school district personnel to 131
205205 encourage a student to discuss issues relating to his or her 132
206206 well-being with his or her parent or to facilitate discussion of 133
207207 the issue with the parent. The procedures may not prohibit 134
208208 parents from accessing any of their student's education and 135
209209 health records created, maintained, or used by the school 136
210210 district, as required by s. 1002.22(2). 137
211211 2. A school district may not adopt procedures or student 138
212212 support forms that prohibit school district personnel from 139
213213 notifying a parent about his or her student's mental, emotional, 140
214214 or physical health or well -being, or a change in related 141
215215 services or monitoring, or that encourage or have the effect of 142
216216 encouraging a student to withhold from a parent such 143
217217 information. School district personnel may not discourage or 144
218218 prohibit parental notification of and involvement in critical 145
219219 decisions affecting a student's mental, emotional, or physical 146
220220 health or well-being. This subparagraph does not prohibit a 147
221221 school district from adopting procedures that permit school 148
222222 personnel to withhold such information from a parent if a 149
223223 reasonably prudent person would believe that disclosure would 150
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232232 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
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236236 result in abuse, abandonment, or neglect, as those terms are 151
237237 defined in s. 39.01. 152
238238 3. Classroom instructi on by school personnel or third 153
239239 parties on sexual orientation or gender identity may not occur 154
240240 in prekindergarten kindergarten through grade 8, except when 155
241241 required by ss. 1003.42(2)(n)3. and 1003.46. If such instruction 156
242242 is provided in grades 9 through 12, the instruction must be 3 or 157
243243 in a manner that is not age-appropriate or developmentally 158
244244 appropriate for students in accordance with state standards. 159
245245 This subparagraph applies to charter schools. 160
246246 4. Student support services training developed or provide d 161
247247 by a school district to school district personnel must adhere to 162
248248 student services guidelines, standards, and frameworks 163
249249 established by the Department of Education. 164
250250 5. At the beginning of the school year, each school 165
251251 district shall notify parents of eac h health care service 166
252252 offered at their student's school and the option to withhold 167
253253 consent or decline any specific service in accordance with s. 168
254254 1014.06. Parental consent to a health care service does not 169
255255 waive the parent's right to access his or her stude nt's 170
256256 educational or health records or to be notified about a change 171
257257 in his or her student's services or monitoring as provided by 172
258258 this paragraph. 173
259259 6. Before administering a student well -being questionnaire 174
260260 or health screening form to a student in kinderga rten through 175
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269269 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
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273273 grade 3, the school district must provide the questionnaire or 176
274274 health screening form to the parent and obtain the permission of 177
275275 the parent. 178
276276 7. Each school district shall adopt procedures for a 179
277277 parent to notify the principal, or his or her de signee, 180
278278 regarding concerns under this paragraph at his or her student's 181
279279 school and the process for resolving those concerns within 7 182
280280 calendar days after notification by the parent. 183
281281 a. At a minimum, the procedures must require that within 184
282282 30 days after notification by the parent that the concern 185
283283 remains unresolved, the school district must either resolve the 186
284284 concern or provide a statement of the reasons for not resolving 187
285285 the concern. 188
286286 b. If a concern is not resolved by the school district, a 189
287287 parent may: 190
288288 (I) Request the Commissioner of Education to appoint a 191
289289 special magistrate who is a member of The Florida Bar in good 192
290290 standing and who has at least 5 years' experience in 193
291291 administrative law. The special magistrate shall determine facts 194
292292 relating to the disp ute over the school district procedure or 195
293293 practice, consider information provided by the school district, 196
294294 and render a recommended decision for resolution to the State 197
295295 Board of Education within 30 days after receipt of the request 198
296296 by the parent. The State Board of Education must approve or 199
297297 reject the recommended decision at its next regularly scheduled 200
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306306 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
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310310 meeting that is more than 7 calendar days and no more than 30 201
311311 days after the date the recommended decision is transmitted. The 202
312312 costs of the special magistrat e shall be borne by the school 203
313313 district. The State Board of Education shall adopt rules, 204
314314 including forms, necessary to implement this subparagraph. 205
315315 (II) Bring an action against the school district to obtain 206
316316 a declaratory judgment that the school district procedure or 207
317317 practice violates this paragraph and seek injunctive relief. A 208
318318 court may award damages and shall award reasonable attorney fees 209
319319 and court costs to a parent who receives declaratory or 210
320320 injunctive relief. 211
321321 c. Each school district shall adopt and post on its 212
322322 website policies to notify parents of the procedures required 213
323323 under this subparagraph. 214
324324 d. Nothing contained in this subparagraph shall be 215
325325 construed to abridge or alter rights of action or remedies in 216
326326 equity already existing under the commo n law or general law. 217
327327 Section 4. Paragraph (b) of subsection (1) of section 218
328328 1003.42, Florida Statutes, is amended to read: 219
329329 1003.42 Required instruction. — 220
330330 (1) 221
331331 (b) All instructional materials, as defined in s. 222
332332 1006.29(2), used to teach reproductive health or any disease, 223
333333 including HIV/AIDS, its symptoms, development, and treatment, as 224
334334 part of the courses referenced in subsection (5), must be 225
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343343 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
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347347 annually approved by the department a district school board in 226
348348 an open, noticed public meeting . 227
349349 Section 5. Subsection (2) of section 1003.46, Florida 228
350350 Statutes, is amended to read: 229
351351 1003.46 Health education; instruction in acquired immune 230
352352 deficiency syndrome. — 231
353353 (2) Throughout instruction in acquired immune deficiency 232
354354 syndrome, sexually transmitted diseases, o r health education, 233
355355 when such instruction and course material contains instruction 234
356356 in human sexuality, a school shall: 235
357357 (a) Classify males and females as provided in s. 236
358358 1000.21(9) and teach that biological males impregnate biological 237
359359 females by fertilizin g the female egg with male sperm; that the 238
360360 female then gestates the offspring; and that these reproductive 239
361361 roles are binary, stable, and unchangeable. 240
362362 (b)(a) Teach abstinence from sexual activity outside of 241
363363 marriage as the expected standard for all schoo l-age students 242
364364 while teaching the benefits of monogamous heterosexual marriage. 243
365365 (c)(b) Emphasize that abstinence from sexual activity is a 244
366366 certain way to avoid out -of-wedlock pregnancy, sexually 245
367367 transmitted diseases, including acquired immune deficiency 246
368368 syndrome, and other associated health problems. 247
369369 (d)(c) Teach that each student has the power to control 248
370370 personal behavior and encourage students to base actions on 249
371371 reasoning, self-esteem, and respect for others. 250
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380380 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
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384384 (e)(d) Provide instruction and material that is 251
385385 appropriate for the grade and age of the student. 252
386386 253
387387 The Department of Education must approve any materials used for 254
388388 instruction under this subsection. 255
389389 Section 6. Paragraphs (a), (d), and (e) of subsection (2) 256
390390 and paragraphs (a) and (f) of subsec tion (4) of section 1006.28, 257
391391 Florida Statutes, are amended to read: 258
392392 1006.28 Duties of district school board, district school 259
393393 superintendent; and school principal regarding K -12 260
394394 instructional materials. — 261
395395 (2) DISTRICT SCHOOL BOARD. —The district school board has 262
396396 the constitutional duty and responsibility to select and provide 263
397397 adequate instructional materials for all students in accordance 264
398398 with the requirements of this part. The district school board 265
399399 also has the following specific duties and responsibili ties: 266
400400 (a) Courses of study; adoption. —Adopt courses of study, 267
401401 including instructional materials, for use in the schools of the 268
402402 district. 269
403403 1. Each district school board is responsible for the 270
404404 content of all instructional materials and any other materials 271
405405 used in a classroom, made available in a school or classroom 272
406406 library, or included on a reading list, whether adopted and 273
407407 purchased from the state -adopted instructional materials list, 274
408408 adopted and purchased through a district instructional materials 275
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417417 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
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421421 program under s. 1006.283, or otherwise purchased or made 276
422422 available. 277
423423 2. Each district school board must adopt a policy 278
424424 regarding an objection by a parent or a resident of the county 279
425425 to the use of a specific material, which clearly describes a 280
426426 process to handle all objections and provides for resolution. 281
427427 The objection form, as prescribed by State Board of Education 282
428428 rule, and the district school board's process must be easy to 283
429429 read and understand and be easily accessible on the homepage of 284
430430 the school district's w ebsite. The objection form must also 285
431431 identify the school district point of contact and contact 286
432432 information for the submission of an objection. The process must 287
433433 provide the parent or resident the opportunity to proffer 288
434434 evidence to the district school board that: 289
435435 a. An instructional material does not meet the criteria of 290
436436 s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 291
437437 a course or otherwise made available to students in the school 292
438438 district but was not subject to the public notice, review, 293
439439 comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 294
440440 and 11. 295
441441 b. Any material used in a classroom, made available in a 296
442442 school or classroom library, or included on a reading list 297
443443 contains content which: that 298
444444 (I) Is pornographic or prohibited unde r s. 847.012;, 299
445445 (II) Depicts or describes sexual conduct as defined in s. 300
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454454 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
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458458 847.001(19), unless such material is for a course required by s. 301
459459 1003.46, s. 1003.42(2)(n)1.g., or s. 1003.42(2)(n)3., or 302
460460 identified by State Board of Education rule; 303
461461 (III) Is not suited to student needs and their ability to 304
462462 comprehend the material presented ;, or 305
463463 (IV) Is inappropriate for the grade level and age group 306
464464 for which the material is used. 307
465465 308
466466 Any material that is subject to an objection on the basis of 309
467467 sub-sub-subparagraph b.(I) or sub -sub-subparagraph b.(II) must 310
468468 be removed within 5 school days of receipt of the objection and 311
469469 remain unavailable to students of that school until the 312
470470 objection is resolved. Parents shall have the right to read 313
471471 passages from any mater ial that is subject to an objection. If 314
472472 the school board denies a parent the right to read passages due 315
473473 to content that meets the requirements under sub -sub-316
474474 subparagraph b.(I), the school district shall discontinue the 317
475475 use of the material. If the district school board finds that any 318
476476 an instructional material meets does not meet the requirements 319
477477 criteria under sub-subparagraph a. or that any other material 320
478478 contains prohibited content under sub-sub-subparagraph b.(I) 321
479479 sub-subparagraph b., the school district s hall discontinue use 322
480480 of the material. If the district school board finds that any 323
481481 other material contains prohibited content under sub -sub-324
482482 subparagraph b. (II) -(IV), the school district shall discontinue 325
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491491 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
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495495 use of the material for any grade level or age group for which 326
496496 such use is inappropriate or unsuitable. 327
497497 3. Each district school board must establish a process by 328
498498 which the parent of a public school student or a resident of the 329
499499 county may contest the district school board's adoption of a 330
500500 specific instructional material. The parent or resident must 331
501501 file a petition, on a form provided by the school board, within 332
502502 30 calendar days after the adoption of the instructional 333
503503 material by the school board. The school board must make the 334
504504 form available to the public an d publish the form on the school 335
505505 district's website. The form must be signed by the parent or 336
506506 resident, include the required contact information, and state 337
507507 the objection to the instructional material based on the 338
508508 criteria of s. 1006.31(2) or s. 1006.40(3)( d). Within 30 days 339
509509 after the 30-day period has expired, the school board must, for 340
510510 all petitions timely received, conduct at least one open public 341
511511 hearing before an unbiased and qualified hearing officer. The 342
512512 hearing officer may not be an employee or agent of the school 343
513513 district. The hearing is not subject to the provisions of 344
514514 chapter 120; however, the hearing must provide sufficient 345
515515 procedural protections to allow each petitioner an adequate and 346
516516 fair opportunity to be heard and present evidence to the hear ing 347
517517 officer. The school board's decision after convening a hearing 348
518518 is final and not subject to further petition or review. 349
519519 4. Meetings of committees convened for the purpose of 350
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528528 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
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532532 ranking, eliminating, or selecting instructional materials for 351
533533 recommendation to the district school board must be noticed and 352
534534 open to the public in accordance with s. 286.011. Any committees 353
535535 convened for such purposes must include parents of district 354
536536 students who will have access to such materials . 355
537537 5. Meetings of committees conv ened for the purpose of 356
538538 resolving an objection by a parent or resident to specific 357
539539 materials must be noticed and open to the public in accordance 358
540540 with s. 286.011. Any committees convened for such purposes must 359
541541 include parents of students who will have acce ss to such 360
542542 materials. 361
543543 6. If a parent disagrees with the determination made by 362
544544 the district school board on the objection to the use of a 363
545545 specific material, a parent may request the Commissioner of 364
546546 Education to appoint a special magistrate who is a member of The 365
547547 Florida Bar in good standing and who has at least 5 years' 366
548548 experience in administrative law. The special magistrate shall 367
549549 determine facts relating to the school district's determination, 368
550550 consider information provided by the parent and the school 369
551551 district, and render a recommended decision for resolution to 370
552552 the State Board of Education within 30 days after receipt of the 371
553553 request by the parent. The State Board of Education must approve 372
554554 or reject the recommended decision at its next regularly 373
555555 scheduled meeting that is more than 7 calendar days and no more 374
556556 than 30 days after the date the recommended decision is 375
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565565 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
566566
567567
568568
569569 transmitted. The costs of the special magistrate shall be borne 376
570570 by the school district. The State Board of Education shall adopt 377
571571 rules, including forms, necessary to implement this 378
572572 subparagraph. 379
573573 (d) School library media services; establishment and 380
574574 maintenance.—Establish and maintain a program of school library 381
575575 media services for all public schools in the district, including 382
576576 school library media c enters, or school library media centers 383
577577 open to the public, and, in addition such traveling or 384
578578 circulating libraries as may be needed for the proper operation 385
579579 of the district school system. Beginning January 1, 2023, school 386
580580 librarians, media specialists, a nd other personnel involved in 387
581581 the selection of school district library materials must complete 388
582582 the training program developed pursuant to s. 1006.29(6) before 389
583583 reviewing and selecting age -appropriate materials and library 390
584584 resources. Upon written request, a school district shall provide 391
585585 access to any material or book specified in the request that is 392
586586 maintained in a district school system library and is available 393
587587 for review. 394
588588 1. Each book made available to students through a school 395
589589 district library media cen ter or included in a recommended or 396
590590 assigned school or grade -level reading list must be selected by 397
591591 a school district employee who holds a valid educational media 398
592592 specialist certificate, regardless of whether the book is 399
593593 purchased, donated, or otherwise ma de available to students. 400
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602602 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
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604604
605605
606606 2. Each district school board shall adopt procedures for 401
607607 developing library media center collections and post the 402
608608 procedures on the website for each school within the district. 403
609609 The procedures must: 404
610610 a. Require that book selecti ons meet the criteria in s. 405
611611 1006.40(3)(d). 406
612612 b. Require consultation of reputable, professionally 407
613613 recognized reviewing periodicals and school community 408
614614 stakeholders. 409
615615 c. Provide for library media center collections , including 410
616616 classroom libraries, based on reader interest, support of state 411
617617 academic standards and aligned curriculum, and the academic 412
618618 needs of students and faculty. 413
619619 d. Provide for the regular removal or discontinuance of 414
620620 books based on, at a minimum, physical condition, rate of recent 415
621621 circulation, alignment to state academic standards and relevancy 416
622622 to curriculum, out-of-date content, and required removal 417
623623 pursuant to subparagraph (a)2. 418
624624 3. Each elementary school must publish on its website, in 419
625625 a searchable format prescribed by the department, a list of all 420
626626 materials maintained and accessible in the school library media 421
627627 center or a classroom library or required as part of a school or 422
628628 grade-level reading list. 423
629629 4. Each district school board shall adopt and publish on 424
630630 its website the process for a parent to limit his or her 425
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639639 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
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643643 student's access to materials in the school or classroom 426
644644 library. 427
645645 (e) Public participation. —Publish on its website, in a 428
646646 searchable format prescribed by the department, a list of all 429
647647 instructional materials, including those u sed to provide 430
648648 instruction required by s. 1003.42. Each district school board 431
649649 must: 432
650650 1. Provide access to all materials, excluding teacher 433
651651 editions, in accordance with s. 1006.283(2)(b)8.a. before the 434
652652 district school board takes any official action on suc h 435
653653 materials. This process must include reasonable safeguards 436
654654 against the unauthorized use, reproduction, and distribution of 437
655655 instructional materials considered for adoption. 438
656656 2. Select, approve, adopt, or purchase all materials as a 439
657657 separate line item on the agenda and provide a reasonable 440
658658 opportunity for public comment. The use of materials described 441
659659 in this paragraph may not be selected, approved, or adopted as 442
660660 part of a consent agenda. 443
661661 3. Annually, beginning June 30, 2023, submit to the 444
662662 Commissioner of Education a report that identifies: 445
663663 a. Each material for which the school district received an 446
664664 objection pursuant to subparagraph (a)2. , including the grade 447
665665 level and course the material was used in, for the school year 448
666666 and the specific objections thereto. 449
667667 b. Each material that was removed or discontinued as a 450
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676676 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
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680680 result of an objection . 451
681681 c. Each material that was not removed or discontinued and 452
682682 the rationale for not removing or discontinuing the mater ial The 453
683683 grade level and course for which a removed or discontinued 454
684684 material was used, as applicable . 455
685685 456
686686 The department shall publish and regularly update a list of 457
687687 materials that were removed or discontinued as a result of an 458
688688 objection and disseminate the li st to school districts for 459
689689 consideration in their selection procedures. 460
690690 (4) SCHOOL PRINCIPAL. —The school principal has the 461
691691 following duties for the management and care of materials at the 462
692692 school: 463
693693 (a) Proper use of instructional materials. —The principal 464
694694 shall assure that instructional materials are used to provide 465
695695 instruction to students enrolled at the grade level or levels 466
696696 for which the materials are designed, pursuant to adopted 467
697697 district school board rule. The school principal shall 468
698698 communicate to parents the manner in which instructional 469
699699 materials are used to implement the curricular objectives of the 470
700700 school and the procedures for contesting the adoption and use of 471
701701 instructional materials . 472
702702 (f) Selection of library media center materials. —School 473
703703 principals are responsible for overseeing compliance with school 474
704704 district procedures for selecting school library media center 475
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713713 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
714714
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717717 materials at the school to which they are assigned and notifying 476
718718 parents of the process for objecting to the use of specific 477
719719 materials. 478
720720 Section 7. Sections 1000.05(2), (3), (4)(a), (5), and 479
721721 (6)(d), 1001.453(2)(c), 1002.42(3)(a), 1003.27(2)(b) and (c), 480
722722 1003.42(3)(a), (c), (e), and (f), 1004.43(2), 1006.205(2)(b) and 481
723723 (3), 1009.23(7), 1009.24(10)(b), 1009.983(6), 1009.986(3)(e), 482
724724 and 1014.05(1)(c), (d), and (f), Florida Statutes, are reenacted 483
725725 for the purpose of incorporating the amendment made by this act 484
726726 to s. 1000.21, Florida Statutes, in references thereto. 485
727727 Section 8. If any provision of this act or the application 486
728728 thereof to any person or circumstance is held invalid, the 487
729729 invalidity does not affect other provisions or applications of 488
730730 this act which can be given effect without the invalid provision 489
731731 or application, and to this end the provisions of this act are 490
732732 severable. 491
733733 Section 9. This act shall take effect July 1, 2023. 492