Florida Senate - 2023 SB 1320 By Senator Yarborough 4-01766B-23 20231320__ 1 A bill to be entitled 2 An act relating to child protection in public schools; 3 amending s. 1000.21, F.S.; defining the term sex; 4 creating s. 1001.07, F.S.; defining the term sex; 5 prohibiting an employee, contractor, or student of a 6 public school from being required to refer to a person 7 using personal titles or pronouns that do not 8 correspond with that persons sex; prohibiting 9 employees and contractors from providing a pronoun or 10 personal title to students which does not correspond 11 with his or her sex; providing that students may not 12 be asked for preferred personal titles or pronouns or 13 penalized for not providing such information; 14 authorizing the State Board of Education to adopt 15 rules; amending s. 1001.42, F.S.; prohibiting 16 classroom instruction by school personnel on sexual 17 orientation or gender identity until grade 9; deleting 18 a provision authorizing a parent to bring an action 19 against a school district for a declaratory judgment; 20 amending s. 1003.42, F.S.; providing that materials 21 used to teach reproductive health or any disease as 22 part of certain courses must be approved by the 23 Department of Education; amending s. 1003.46, F.S.; 24 requiring that instruction in acquired immune 25 deficiency syndrome, sexually transmitted diseases, 26 and health education identify males and females as 27 provided in a specified provision and teach that the 28 male and female reproductive roles are binary, stable, 29 and unchangeable; requiring that such instructional 30 materials be approved by the department; amending s. 31 1006.28, F.S.; providing that district school boards 32 are responsible for materials used in classroom 33 libraries; requiring that a specified objection form 34 and the district school boards process for handling 35 objections be easy to read and easily accessible on 36 school districts website homepages; expanding the 37 criteria for materials used in the classroom, 38 available in the school library, or included on a 39 reading list under which a parent or resident may 40 bring an objection; requiring that certain materials 41 be unavailable to students until the resolution of any 42 objection; providing requirements for certain meetings 43 of school district committees relating to 44 instructional materials; revising certain district 45 school board procedures relating to library media 46 center collections; revising elementary school 47 requirements relating to materials in specified 48 libraries; requiring district school boards to adopt 49 and publish a specified process relating to student 50 access to certain materials; revising district school 51 board reporting requirements relating to materials 52 that received certain objections; requiring school 53 principals to communicate to parents the procedures 54 for contesting the adoption and use of instructional 55 materials; reenacting ss. 1000.05(2), (3), (4)(a), (5) 56 and (7)(d), 1001.453(2)(c), 1002.42(3)(a), 57 1003.27(2)(b) and (c), 1003.42(3)(a), (c), (e), and 58 (f), 1004.43(2), 1006.205(2)(b) and (3), 1009.23(7), 59 1009.24(10)(b), 1009.983(6), 1009.986(3)(e), and 60 1014.05(1)(c), (d), and (f), F.S., relating to 61 biological sex, to incorporate the amendment made to 62 s. 1000.21, F.S., in references thereto; providing for 63 severability; providing an effective date. 64 65 Be It Enacted by the Legislature of the State of Florida: 66 67 Section 1.Subsection (9) is added to section 1000.21, 68 Florida Statutes, to read: 69 1000.21Systemwide definitions.As used in the Florida 70 Early Learning-20 Education Code: 71 (9)Sex means the classification of a human person as 72 being either male or female based on the organization of the 73 body of such person for a specific reproductive role, as 74 indicated by the persons sex chromosomes, naturally occurring 75 sex hormones, and internal and external genitalia present at 76 birth. 77 Section 2.Section 1001.07, Florida Statutes, is created to 78 read: 79 1001.07Personal titles. 80 (1)It shall be the policy of every public K-12 educational 81 institution that is provided or authorized by the Constitution 82 and laws of Florida that a persons sex is an immutable 83 biological trait and that it is false to ascribe to a person a 84 pronoun that does not correspond to such persons sex. For 85 purposes of this section, sex shall have the same meaning as 86 in s. 1000.21. 87 (2)No employee, contractor, or student of a public K-12 88 educational institution shall be required, as a condition of 89 employment, enrollment, or participation in any program, to 90 refer to another person using a preferred personal title or 91 pronoun that does not correspond to that persons sex. 92 (3)No employee or contractor at a public K-12 educational 93 institution may provide to students his or her preferred 94 personal title or pronouns if such personal title or pronouns do 95 not correspond to his or her sex. 96 (4)No student may be asked for his or her preferred 97 personal titles or pronouns, or penalized or subjected to 98 adverse or discriminatory treatment for not providing preferred 99 personal titles or pronouns. 100 (5)The State Board of Education may adopt rules consistent 101 with this section. 102 Section 3.Paragraph (c) of subsection (8) of section 103 1001.42, Florida Statutes, is amended to read: 104 1001.42POWERS AND DUTIES OF DISTRICT SCHOOL BOARD.THE 105 DISTRICT SCHOOL BOARD, ACTING AS A BOARD, SHALL EXERCISE ALL 106 POWERS AND PERFORM ALL DUTIES LISTED BELOW: 107 (8)STUDENT WELFARE. 108 (c)1.In accordance with the rights of parents enumerated 109 in ss. 1002.20 and 1014.04, adopt procedures for notifying a 110 students parent if there is a change in the students services 111 or monitoring related to the students mental, emotional, or 112 physical health or well-being and the schools ability to 113 provide a safe and supportive learning environment for the 114 student. The procedures must reinforce the fundamental right of 115 parents to make decisions regarding the upbringing and control 116 of their children by requiring school district personnel to 117 encourage a student to discuss issues relating to his or her 118 well-being with his or her parent or to facilitate discussion of 119 the issue with the parent. The procedures may not prohibit 120 parents from accessing any of their students education and 121 health records created, maintained, or used by the school 122 district, as required by s. 1002.22(2). 123 2.A school district may not adopt procedures or student 124 support forms that prohibit school district personnel from 125 notifying a parent about his or her students mental, emotional, 126 or physical health or well-being, or a change in related 127 services or monitoring, or that encourage or have the effect of 128 encouraging a student to withhold from a parent such 129 information. School district personnel may not discourage or 130 prohibit parental notification of and involvement in critical 131 decisions affecting a students mental, emotional, or physical 132 health or well-being. This subparagraph does not prohibit a 133 school district from adopting procedures that permit school 134 personnel to withhold such information from a parent if a 135 reasonably prudent person would believe that disclosure would 136 result in abuse, abandonment, or neglect, as those terms are 137 defined in s. 39.01. 138 3.Classroom instruction by school personnel or third 139 parties on sexual orientation or gender identity may not occur 140 in prekindergarten kindergarten through grade 8. If provided in 141 grades 9-12, such instruction must be 3 or in a manner that is 142 not age-appropriate or developmentally appropriate for students 143 in accordance with state standards. 144 4.Student support services training developed or provided 145 by a school district to school district personnel must adhere to 146 student services guidelines, standards, and frameworks 147 established by the Department of Education. 148 5.At the beginning of the school year, each school 149 district shall notify parents of each health care service 150 offered at their students school and the option to withhold 151 consent or decline any specific service as provided in s. 152 1014.06. Parental consent to a health care service does not 153 waive the parents right to access his or her students 154 educational or health records or to be notified about a change 155 in his or her students services or monitoring as provided by 156 this paragraph. 157 6.Before administering a student well-being questionnaire 158 or health screening form to a student in kindergarten through 159 grade 3, the school district must provide the questionnaire or 160 health screening form to the parent and obtain the permission of 161 the parent. 162 7.Each school district shall adopt procedures for a parent 163 to notify the principal, or his or her designee, regarding 164 concerns under this paragraph at his or her students school and 165 the process for resolving those concerns within 7 calendar days 166 after notification by the parent. 167 a.At a minimum, the procedures must require that within 30 168 days after notification by the parent that the concern remains 169 unresolved, the school district must either resolve the concern 170 or provide a statement of the reasons for not resolving the 171 concern. 172 b.If a concern is not resolved by the school district, a 173 parent may: 174 (I)request the Commissioner of Education to appoint a 175 special magistrate who is a member of The Florida Bar in good 176 standing and who has at least 5 years experience in 177 administrative law. The special magistrate shall determine facts 178 relating to the dispute over the school district procedure or 179 practice, consider information provided by the school district, 180 and render a recommended decision for resolution to the State 181 Board of Education within 30 days after receipt of the request 182 by the parent. The State Board of Education must approve or 183 reject the recommended decision at its next regularly scheduled 184 meeting that is more than 7 calendar days and no more than 30 185 days after the date the recommended decision is transmitted. The 186 costs of the special magistrate shall be borne by the school 187 district. The State Board of Education shall adopt rules, 188 including forms, necessary to implement this subparagraph. 189 (II)Bring an action against the school district to obtain 190 a declaratory judgment that the school district procedure or 191 practice violates this paragraph and seek injunctive relief. A 192 court may award damages and shall award reasonable attorney fees 193 and court costs to a parent who receives declaratory or 194 injunctive relief. 195 c.Each school district shall adopt policies to notify 196 parents of the procedures required under this subparagraph. 197 d.Nothing contained in this subparagraph shall be 198 construed to abridge or alter rights of action or remedies in 199 equity already existing under the common law or general law. 200 Section 4.Paragraph (b) of subsection (1) of section 201 1003.42, Florida Statutes, is amended to read: 202 1003.42Required instruction. 203 (1) 204 (b)All instructional materials, as defined in s. 205 1006.29(2), used to teach reproductive health or any disease, 206 including HIV/AIDS, its symptoms, development, and treatment, as 207 part of the courses referenced in subsection (5), must be 208 annually approved by the department a district school board in 209 an open, noticed public meeting. 210 Section 5.Subsection (2) of section 1003.46, Florida 211 Statutes, is amended to read: 212 1003.46Health education; instruction in acquired immune 213 deficiency syndrome. 214 (2)Throughout instruction in acquired immune deficiency 215 syndrome, sexually transmitted diseases, or health education, 216 when such instruction and course material contains instruction 217 in human sexuality, a school shall: 218 (a)Classify males and females as provided in s. 219 1000.21(9); teach that biological males impregnate biological 220 females by fertilizing the females egg with the males sperm; 221 that the female then gestates the offspring; and that these 222 reproductive roles are binary, stable, and unchangeable. 223 (b)Teach abstinence from sexual activity outside of 224 marriage as the expected standard for all school-age students 225 while teaching the benefits of monogamous heterosexual marriage. 226 (c)(b)Emphasize that abstinence from sexual activity is a 227 certain way to avoid out-of-wedlock pregnancy, sexually 228 transmitted diseases, including acquired immune deficiency 229 syndrome, and other associated health problems. 230 (d)(c)Teach that each student has the power to control 231 personal behavior and encourage students to base actions on 232 reasoning, self-esteem, and respect for others. 233 (e)(d)Provide instruction and material that is appropriate 234 for the grade and age of the student. 235 236 Materials used for instruction under this section must be 237 approved by the department. 238 Section 6.Paragraphs (a), (d), and (e) of subsection (2) 239 and paragraphs (a) and (f) of subsection (4) of section 1006.28, 240 Florida Statutes, are amended to read: 241 1006.28Duties of district school board, district school 242 superintendent; and school principal regarding K-12 243 instructional materials. 244 (2)DISTRICT SCHOOL BOARD.The district school board has 245 the constitutional duty and responsibility to select and provide 246 adequate instructional materials for all students in accordance 247 with the requirements of this part. The district school board 248 also has the following specific duties and responsibilities: 249 (a)Courses of study; adoption.Adopt courses of study, 250 including instructional materials, for use in the schools of the 251 district. 252 1.Each district school board is responsible for the 253 content of all instructional materials and any other materials 254 used in a classroom, made available in a school or classroom 255 library, or included on a reading list, whether adopted and 256 purchased from the state-adopted instructional materials list, 257 adopted and purchased through a district instructional materials 258 program under s. 1006.283, or otherwise purchased or made 259 available. 260 2.Each district school board must adopt a policy regarding 261 an objection by a parent or a resident of the county to the use 262 of a specific material, which clearly describes a process to 263 handle all objections and provides for resolution. The objection 264 form, as prescribed by State Board of Education rule, and the 265 district school boards process must be easy to read and 266 understand and be easily accessible on the homepage of the 267 school districts website. The process must provide the parent 268 or resident the opportunity to proffer evidence to the district 269 school board that: 270 a.An instructional material does not meet the criteria of 271 s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 272 a course or otherwise made available to students in the school 273 district but was not subject to the public notice, review, 274 comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 275 and 11. 276 b.Any material used in a classroom, made available in a 277 school or classroom library, or included on a reading list 278 contains content that: 279 (I)Is pornographic or prohibited under s. 847.012;, 280 (II)Depicts or describes sexual conduct as defined in s. 281 847.001, unless such material is for a course required by s. 282 1003.46 or s. 1003.42(2)(n)1.g. or identified by State Board of 283 Education rule; 284 (III)Is not suited to student needs and their ability to 285 comprehend the material presented;, or 286 (IV)Is inappropriate for the grade level and age group for 287 which the material is used. 288 289 Any material that is subject to an objection on the basis of 290 sub-sub-subparagraph b.(I) or sub-sub-subparagraph b.(II) must 291 be made unavailable to students until the objection is resolved. 292 Parents have the right to read aloud at public meetings passages 293 from material that is subject to an objection. If the district 294 school board finds that an instructional material does not meet 295 the criteria under sub-subparagraph a. or that any other 296 material contains prohibited content under sub-subparagraph b., 297 the school district shall discontinue use of the material for 298 any grade level or age group for which such use is inappropriate 299 or unsuitable. 300 3.Each district school board must establish a process by 301 which the parent of a public school student or a resident of the 302 county may contest the district school boards adoption of a 303 specific instructional material. The parent or resident must 304 file a petition, on a form provided by the school board, within 305 30 calendar days after the adoption of the instructional 306 material by the school board. The school board must make the 307 form available to the public and publish the form on the school 308 districts website. The form must be signed by the parent or 309 resident, include the required contact information, and state 310 the objection to the instructional material based on the 311 criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days 312 after the 30-day period has expired, the school board must, for 313 all petitions timely received, conduct at least one open public 314 hearing before an unbiased and qualified hearing officer. The 315 hearing officer may not be an employee or agent of the school 316 district. The hearing is not subject to the provisions of 317 chapter 120; however, the hearing must provide sufficient 318 procedural protections to allow each petitioner an adequate and 319 fair opportunity to be heard and present evidence to the hearing 320 officer. The school boards decision after convening a hearing 321 is final and not subject to further petition or review. 322 4.Meetings of committees convened for the purpose of 323 ranking, eliminating, or selecting instructional materials for 324 recommendation to the district school board must be noticed and 325 open to the public in accordance with s. 286.011. Any committees 326 convened for such purposes must include parents of district 327 students who will have access to such materials. 328 5.Meetings of committees convened for the purpose of 329 resolving an objection by a parent or resident to specific 330 materials must be noticed and open to the public in accordance 331 with s. 286.011. Any committees convened for such purpose must 332 include parents of students who will have access to such 333 materials. 334 (d)School library media services; establishment and 335 maintenance.Establish and maintain a program of school library 336 media services for all public schools in the district, including 337 school library media centers, or school library media centers 338 open to the public, and, in addition such traveling or 339 circulating libraries as may be needed for the proper operation 340 of the district school system. Beginning January 1, 2023, school 341 librarians, media specialists, and other personnel involved in 342 the selection of school district library materials must complete 343 the training program developed pursuant to s. 1006.29(6) before 344 reviewing and selecting age-appropriate materials and library 345 resources. Upon written request, a school district shall provide 346 access to any material or book specified in the request that is 347 maintained in a district school system library and is available 348 for review. 349 1.Each book made available to students through a school 350 district library media center or included in a recommended or 351 assigned school or grade-level reading list must be selected by 352 a school district employee who holds a valid educational media 353 specialist certificate, regardless of whether the book is 354 purchased, donated, or otherwise made available to students. 355 2.Each district school board shall adopt procedures for 356 developing library media center collections and post the 357 procedures on the website for each school within the district. 358 The procedures must: 359 a.Require that book selections meet the criteria in s. 360 1006.40(3)(d). 361 b.Require consultation of reputable, professionally 362 recognized reviewing periodicals and school community 363 stakeholders. 364 c.Provide for library media center collections, including 365 classroom libraries, based on reader interest, support of state 366 academic standards and aligned curriculum, and the academic 367 needs of students and faculty. 368 d.Provide for the regular removal or discontinuance of 369 books based on, at a minimum, physical condition, rate of recent 370 circulation, alignment to state academic standards and relevancy 371 to curriculum, out-of-date content, and required removal 372 pursuant to subparagraph (a)2. 373 3.Each elementary school must publish on its website, in a 374 searchable format prescribed by the department, a list of all 375 materials maintained and accessible in the school library media 376 center or a classroom library or required as part of a school or 377 grade-level reading list. 378 4.Each district school board shall adopt and publish on 379 its website the process for a parent to limit the books and 380 media materials his or her student can access in the schools 381 library. 382 (e)Public participation.Publish on its website, in a 383 searchable format prescribed by the department, a list of all 384 instructional materials, including those used to provide 385 instruction required by s. 1003.42. Each district school board 386 must: 387 1.Provide access to all materials, excluding teacher 388 editions, in accordance with s. 1006.283(2)(b)8.a. before the 389 district school board takes any official action on such 390 materials. This process must include reasonable safeguards 391 against the unauthorized use, reproduction, and distribution of 392 instructional materials considered for adoption. 393 2.Select, approve, adopt, or purchase all materials as a 394 separate line item on the agenda and provide a reasonable 395 opportunity for public comment. The use of materials described 396 in this paragraph may not be selected, approved, or adopted as 397 part of a consent agenda. 398 3.Annually, beginning June 30, 2023, submit to the 399 Commissioner of Education a report that identifies: 400 a.Each material for which the school district received an 401 objection pursuant to subparagraph (a)2., including the grade 402 level and course the material was used in, for the school year 403 and the specific objections thereto. 404 b.Each material that was removed or discontinued as a 405 result of an objection. 406 c.Each material that was not removed or discontinued and 407 the rationale for not removing or discontinuing the material The 408 grade level and course for which a removed or discontinued 409 material was used, as applicable. 410 411 The department shall publish and regularly update a list of 412 materials that were removed or discontinued as a result of an 413 objection and disseminate the list to school districts for 414 consideration in their selection procedures. 415 (4)SCHOOL PRINCIPAL.The school principal has the 416 following duties for the management and care of materials at the 417 school: 418 (a)Proper use of instructional materials.The principal 419 shall assure that instructional materials are used to provide 420 instruction to students enrolled at the grade level or levels 421 for which the materials are designed, pursuant to adopted 422 district school board rule. The school principal shall 423 communicate to parents the manner in which instructional 424 materials are used to implement the curricular objectives of the 425 school and the procedures for contesting the adoption and use of 426 instructional materials. 427 (f)Selection of library media center materials.School 428 principals are responsible for overseeing compliance with school 429 district procedures for selecting school library media center 430 materials at the school to which they are assigned and notifying 431 parents of the process for objecting to the use of specific 432 materials. 433 Section 7.Sections 1000.05(2), (3), (4)(a), (5), and 434 (7)(d), 1001.453(2)(c), 1002.42(3)(a), 1003.27(2)(b) and (c), 435 1003.42(3)(a), (c), (e), and (f), 1004.43(2), 1006.205(2)(b) and 436 (3), 1009.23(7), 1009.24(10)(b), 1009.983(6), 1009.986(3)(e), 437 and 1014.05(1)(c), (d), and (f), Florida Statutes, are reenacted 438 for the purpose of incorporating the amendment made by this act 439 to s. 1000.21, Florida Statutes, in references thereto. 440 Section 8.If any provision of this act or its application 441 to any person or circumstance is held invalid, the invalidity 442 does not affect other provisions or applications of the act 443 which can be given effect without the invalid provision or 444 application, and to this end the provisions of this act are 445 severable. 446 Section 9.This act shall take effect July 1, 2023.