Florida Senate - 2023 CS for SB 1320 By the Committee on Education Pre-K -12; and Senators Yarborough and Perry 581-02783-23 20231320c1 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; 18 providing that such prohibition applies to charter 19 schools; deleting a provision authorizing a parent to 20 bring an action against a school district for a 21 declaratory judgment; amending s. 1003.42, F.S.; 22 providing that materials used to teach reproductive 23 health or any disease as part of certain courses must 24 be approved by the Department of Education; amending 25 s. 1003.46, F.S.; requiring that instruction in 26 acquired immune deficiency syndrome, sexually 27 transmitted diseases, and health education identify 28 males and females as provided in a specified provision 29 and teach that the male and female reproductive roles 30 are binary, stable, and unchangeable; requiring that 31 such instructional materials be approved by the 32 department; amending s. 1006.28, F.S.; providing that 33 district school boards are responsible for materials 34 used in classroom libraries; requiring that a 35 specified objection form and the district school 36 boards process for handling objections be easy to 37 read and easily accessible on school districts 38 website homepages; expanding the criteria for 39 materials used in the classroom, available in the 40 school library, or included on a reading list under 41 which a parent or resident may bring an objection; 42 requiring that certain materials be unavailable to 43 students until the resolution of any objection; 44 providing requirements for certain meetings of school 45 district committees relating to instructional 46 materials; revising certain district school board 47 procedures relating to library media center 48 collections; revising elementary school requirements 49 relating to materials in specified libraries; 50 requiring district school boards to adopt and publish 51 a specified process relating to student access to 52 certain materials; revising district school board 53 reporting requirements relating to materials that 54 received certain objections; requiring school 55 principals to communicate to parents the procedures 56 for contesting the adoption and use of instructional 57 materials; reenacting ss. 1000.05(2), (3), (4)(a), (5) 58 and (7)(d), 1001.453(2)(c), 1002.42(3)(a), 59 1003.27(2)(b) and (c), 1003.42(3)(a), (c), (e), and 60 (f), 1004.43(2), 1006.205(2)(b) and (3), 1009.23(7), 61 1009.24(10)(b), 1009.983(6), 1009.986(3)(e), and 62 1014.05(1)(c), (d), and (f), F.S., relating to 63 biological sex, to incorporate the amendment made to 64 s. 1000.21, F.S., in references thereto; providing for 65 severability; providing an effective date. 66 67 Be It Enacted by the Legislature of the State of Florida: 68 69 Section 1.Subsection (9) is added to section 1000.21, 70 Florida Statutes, to read: 71 1000.21Systemwide definitions.As used in the Florida 72 Early Learning-20 Education Code: 73 (9)Sex means the classification of a human person as 74 being either male or female based on the organization of the 75 body of such person for a specific reproductive role, as 76 indicated by the persons sex chromosomes, naturally occurring 77 sex hormones, and internal and external genitalia present at 78 birth. 79 Section 2.Section 1001.07, Florida Statutes, is created to 80 read: 81 1001.07Personal titles. 82 (1)It shall be the policy of every public K-12 educational 83 institution that is provided or authorized by the Constitution 84 and laws of Florida that a persons sex is an immutable 85 biological trait and that it is false to ascribe to a person a 86 pronoun that does not correspond to such persons sex. For 87 purposes of this section, sex shall have the same meaning as 88 in s. 1000.21. 89 (2)No employee, contractor, or student of a public K-12 90 educational institution shall be required, as a condition of 91 employment, enrollment, or participation in any program, to 92 refer to another person using a preferred personal title or 93 pronoun that does not correspond to that persons sex. 94 (3)No employee or contractor at a public K-12 educational 95 institution may provide to students his or her preferred 96 personal title or pronouns if such personal title or pronouns do 97 not correspond to his or her sex. 98 (4)No student may be asked for his or her preferred 99 personal titles or pronouns, or penalized or subjected to 100 adverse or discriminatory treatment for not providing preferred 101 personal titles or pronouns. 102 (5)The State Board of Education may adopt rules consistent 103 with this section. 104 Section 3.Paragraph (c) of subsection (8) of section 105 1001.42, Florida Statutes, is amended to read: 106 1001.42POWERS AND DUTIES OF DISTRICT SCHOOL BOARD.THE 107 DISTRICT SCHOOL BOARD, ACTING AS A BOARD, SHALL EXERCISE ALL 108 POWERS AND PERFORM ALL DUTIES LISTED BELOW: 109 (8)STUDENT WELFARE. 110 (c)1.In accordance with the rights of parents enumerated 111 in ss. 1002.20 and 1014.04, adopt procedures for notifying a 112 students parent if there is a change in the students services 113 or monitoring related to the students mental, emotional, or 114 physical health or well-being and the schools ability to 115 provide a safe and supportive learning environment for the 116 student. The procedures must reinforce the fundamental right of 117 parents to make decisions regarding the upbringing and control 118 of their children by requiring school district personnel to 119 encourage a student to discuss issues relating to his or her 120 well-being with his or her parent or to facilitate discussion of 121 the issue with the parent. The procedures may not prohibit 122 parents from accessing any of their students education and 123 health records created, maintained, or used by the school 124 district, as required by s. 1002.22(2). 125 2.A school district may not adopt procedures or student 126 support forms that prohibit school district personnel from 127 notifying a parent about his or her students mental, emotional, 128 or physical health or well-being, or a change in related 129 services or monitoring, or that encourage or have the effect of 130 encouraging a student to withhold from a parent such 131 information. School district personnel may not discourage or 132 prohibit parental notification of and involvement in critical 133 decisions affecting a students mental, emotional, or physical 134 health or well-being. This subparagraph does not prohibit a 135 school district from adopting procedures that permit school 136 personnel to withhold such information from a parent if a 137 reasonably prudent person would believe that disclosure would 138 result in abuse, abandonment, or neglect, as those terms are 139 defined in s. 39.01. 140 3.Classroom instruction by school personnel or third 141 parties on sexual orientation or gender identity may not occur 142 in prekindergarten kindergarten through grade 8. If provided in 143 grades 9-12, such instruction must be 3 or in a manner that is 144 not age-appropriate or developmentally appropriate for students 145 in accordance with state standards. This subparagraph applies to 146 charter schools. 147 4.Student support services training developed or provided 148 by a school district to school district personnel must adhere to 149 student services guidelines, standards, and frameworks 150 established by the Department of Education. 151 5.At the beginning of the school year, each school 152 district shall notify parents of each health care service 153 offered at their students school and the option to withhold 154 consent or decline any specific service as provided in s. 155 1014.06. Parental consent to a health care service does not 156 waive the parents right to access his or her students 157 educational or health records or to be notified about a change 158 in his or her students services or monitoring as provided by 159 this paragraph. 160 6.Before administering a student well-being questionnaire 161 or health screening form to a student in kindergarten through 162 grade 3, the school district must provide the questionnaire or 163 health screening form to the parent and obtain the permission of 164 the parent. 165 7.Each school district shall adopt procedures for a parent 166 to notify the principal, or his or her designee, regarding 167 concerns under this paragraph at his or her students school and 168 the process for resolving those concerns within 7 calendar days 169 after notification by the parent. 170 a.At a minimum, the procedures must require that within 30 171 days after notification by the parent that the concern remains 172 unresolved, the school district must either resolve the concern 173 or provide a statement of the reasons for not resolving the 174 concern. 175 b.If a concern is not resolved by the school district, a 176 parent may: 177 (I)request the Commissioner of Education to appoint a 178 special magistrate who is a member of The Florida Bar in good 179 standing and who has at least 5 years experience in 180 administrative law. The special magistrate shall determine facts 181 relating to the dispute over the school district procedure or 182 practice, consider information provided by the school district, 183 and render a recommended decision for resolution to the State 184 Board of Education within 30 days after receipt of the request 185 by the parent. The State Board of Education must approve or 186 reject the recommended decision at its next regularly scheduled 187 meeting that is more than 7 calendar days and no more than 30 188 days after the date the recommended decision is transmitted. The 189 costs of the special magistrate shall be borne by the school 190 district. The State Board of Education shall adopt rules, 191 including forms, necessary to implement this subparagraph. 192 (II)Bring an action against the school district to obtain 193 a declaratory judgment that the school district procedure or 194 practice violates this paragraph and seek injunctive relief. A 195 court may award damages and shall award reasonable attorney fees 196 and court costs to a parent who receives declaratory or 197 injunctive relief. 198 c.Each school district shall adopt policies to notify 199 parents of the procedures required under this subparagraph. 200 d.Nothing contained in this subparagraph shall be 201 construed to abridge or alter rights of action or remedies in 202 equity already existing under the common law or general law. 203 Section 4.Paragraph (b) of subsection (1) of section 204 1003.42, Florida Statutes, is amended to read: 205 1003.42Required instruction. 206 (1) 207 (b)All instructional materials, as defined in s. 208 1006.29(2), used to teach reproductive health or any disease, 209 including HIV/AIDS, its symptoms, development, and treatment, as 210 part of the courses referenced in subsection (5), must be 211 annually approved by the department a district school board in 212 an open, noticed public meeting. 213 Section 5.Subsection (2) of section 1003.46, Florida 214 Statutes, is amended to read: 215 1003.46Health education; instruction in acquired immune 216 deficiency syndrome. 217 (2)Throughout instruction in acquired immune deficiency 218 syndrome, sexually transmitted diseases, or health education, 219 when such instruction and course material contains instruction 220 in human sexuality, a school shall: 221 (a)Classify males and females as provided in s. 222 1000.21(9); teach that biological males impregnate biological 223 females by fertilizing the females egg with the males sperm; 224 that the female then gestates the offspring; and that these 225 reproductive roles are binary, stable, and unchangeable. 226 (b)Teach abstinence from sexual activity outside of 227 marriage as the expected standard for all school-age students 228 while teaching the benefits of monogamous heterosexual marriage. 229 (c)(b)Emphasize that abstinence from sexual activity is a 230 certain way to avoid out-of-wedlock pregnancy, sexually 231 transmitted diseases, including acquired immune deficiency 232 syndrome, and other associated health problems. 233 (d)(c)Teach that each student has the power to control 234 personal behavior and encourage students to base actions on 235 reasoning, self-esteem, and respect for others. 236 (e)(d)Provide instruction and material that is appropriate 237 for the grade and age of the student. 238 239 Materials used for instruction under this section must be 240 approved by the department. 241 Section 6.Paragraphs (a), (d), and (e) of subsection (2) 242 and paragraphs (a) and (f) of subsection (4) of section 1006.28, 243 Florida Statutes, are amended to read: 244 1006.28Duties of district school board, district school 245 superintendent; and school principal regarding K-12 246 instructional materials. 247 (2)DISTRICT SCHOOL BOARD.The district school board has 248 the constitutional duty and responsibility to select and provide 249 adequate instructional materials for all students in accordance 250 with the requirements of this part. The district school board 251 also has the following specific duties and responsibilities: 252 (a)Courses of study; adoption.Adopt courses of study, 253 including instructional materials, for use in the schools of the 254 district. 255 1.Each district school board is responsible for the 256 content of all instructional materials and any other materials 257 used in a classroom, made available in a school or classroom 258 library, or included on a reading list, whether adopted and 259 purchased from the state-adopted instructional materials list, 260 adopted and purchased through a district instructional materials 261 program under s. 1006.283, or otherwise purchased or made 262 available. 263 2.Each district school board must adopt a policy regarding 264 an objection by a parent or a resident of the county to the use 265 of a specific material, which clearly describes a process to 266 handle all objections and provides for resolution. The objection 267 form, as prescribed by State Board of Education rule, and the 268 district school boards process must be easy to read and 269 understand and be easily accessible on the homepage of the 270 school districts website. The process must provide the parent 271 or resident the opportunity to proffer evidence to the district 272 school board that: 273 a.An instructional material does not meet the criteria of 274 s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 275 a course or otherwise made available to students in the school 276 district but was not subject to the public notice, review, 277 comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 278 and 11. 279 b.Any material used in a classroom, made available in a 280 school or classroom library, or included on a reading list 281 contains content that: 282 (I)Is pornographic or prohibited under s. 847.012;, 283 (II)Depicts or describes sexual conduct as defined in s. 284 847.001, unless such material is for a course required by s. 285 1003.46 or s. 1003.42(2)(n)1.g. or identified by State Board of 286 Education rule; 287 (III)Is not suited to student needs and their ability to 288 comprehend the material presented;, or 289 (IV)Is inappropriate for the grade level and age group for 290 which the material is used. 291 292 Any material that is subject to an objection on the basis of 293 sub-sub-subparagraph b.(I) or sub-sub-subparagraph b.(II) must 294 be made unavailable to students until the objection is resolved. 295 Parents have the right to read aloud at public meetings passages 296 from material that is subject to an objection. If the district 297 school board finds that an instructional material does not meet 298 the criteria under sub-subparagraph a. or that any other 299 material contains prohibited content under sub-subparagraph b., 300 the school district shall discontinue use of the material for 301 any grade level or age group for which such use is inappropriate 302 or unsuitable. 303 3.Each district school board must establish a process by 304 which the parent of a public school student or a resident of the 305 county may contest the district school boards adoption of a 306 specific instructional material. The parent or resident must 307 file a petition, on a form provided by the school board, within 308 30 calendar days after the adoption of the instructional 309 material by the school board. The school board must make the 310 form available to the public and publish the form on the school 311 districts website. The form must be signed by the parent or 312 resident, include the required contact information, and state 313 the objection to the instructional material based on the 314 criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days 315 after the 30-day period has expired, the school board must, for 316 all petitions timely received, conduct at least one open public 317 hearing before an unbiased and qualified hearing officer. The 318 hearing officer may not be an employee or agent of the school 319 district. The hearing is not subject to the provisions of 320 chapter 120; however, the hearing must provide sufficient 321 procedural protections to allow each petitioner an adequate and 322 fair opportunity to be heard and present evidence to the hearing 323 officer. The school boards decision after convening a hearing 324 is final and not subject to further petition or review. 325 4.Meetings of committees convened for the purpose of 326 ranking, eliminating, or selecting instructional materials for 327 recommendation to the district school board must be noticed and 328 open to the public in accordance with s. 286.011. Any committees 329 convened for such purposes must include parents of district 330 students who will have access to such materials. 331 5.Meetings of committees convened for the purpose of 332 resolving an objection by a parent or resident to specific 333 materials must be noticed and open to the public in accordance 334 with s. 286.011. Any committees convened for such purpose must 335 include parents of students who will have access to such 336 materials. 337 (d)School library media services; establishment and 338 maintenance.Establish and maintain a program of school library 339 media services for all public schools in the district, including 340 school library media centers, or school library media centers 341 open to the public, and, in addition such traveling or 342 circulating libraries as may be needed for the proper operation 343 of the district school system. Beginning January 1, 2023, school 344 librarians, media specialists, and other personnel involved in 345 the selection of school district library materials must complete 346 the training program developed pursuant to s. 1006.29(6) before 347 reviewing and selecting age-appropriate materials and library 348 resources. Upon written request, a school district shall provide 349 access to any material or book specified in the request that is 350 maintained in a district school system library and is available 351 for review. 352 1.Each book made available to students through a school 353 district library media center or included in a recommended or 354 assigned school or grade-level reading list must be selected by 355 a school district employee who holds a valid educational media 356 specialist certificate, regardless of whether the book is 357 purchased, donated, or otherwise made available to students. 358 2.Each district school board shall adopt procedures for 359 developing library media center collections and post the 360 procedures on the website for each school within the district. 361 The procedures must: 362 a.Require that book selections meet the criteria in s. 363 1006.40(3)(d). 364 b.Require consultation of reputable, professionally 365 recognized reviewing periodicals and school community 366 stakeholders. 367 c.Provide for library media center collections, including 368 classroom libraries, based on reader interest, support of state 369 academic standards and aligned curriculum, and the academic 370 needs of students and faculty. 371 d.Provide for the regular removal or discontinuance of 372 books based on, at a minimum, physical condition, rate of recent 373 circulation, alignment to state academic standards and relevancy 374 to curriculum, out-of-date content, and required removal 375 pursuant to subparagraph (a)2. 376 3.Each elementary school must publish on its website, in a 377 searchable format prescribed by the department, a list of all 378 materials maintained and accessible in the school library media 379 center or a classroom library or required as part of a school or 380 grade-level reading list. 381 4.Each district school board shall adopt and publish on 382 its website the process for a parent to limit the books and 383 media materials his or her student can access in the schools 384 library. 385 (e)Public participation.Publish on its website, in a 386 searchable format prescribed by the department, a list of all 387 instructional materials, including those used to provide 388 instruction required by s. 1003.42. Each district school board 389 must: 390 1.Provide access to all materials, excluding teacher 391 editions, in accordance with s. 1006.283(2)(b)8.a. before the 392 district school board takes any official action on such 393 materials. This process must include reasonable safeguards 394 against the unauthorized use, reproduction, and distribution of 395 instructional materials considered for adoption. 396 2.Select, approve, adopt, or purchase all materials as a 397 separate line item on the agenda and provide a reasonable 398 opportunity for public comment. The use of materials described 399 in this paragraph may not be selected, approved, or adopted as 400 part of a consent agenda. 401 3.Annually, beginning June 30, 2023, submit to the 402 Commissioner of Education a report that identifies: 403 a.Each material for which the school district received an 404 objection pursuant to subparagraph (a)2., including the grade 405 level and course the material was used in, for the school year 406 and the specific objections thereto. 407 b.Each material that was removed or discontinued as a 408 result of an objection. 409 c.Each material that was not removed or discontinued and 410 the rationale for not removing or discontinuing the material The 411 grade level and course for which a removed or discontinued 412 material was used, as applicable. 413 414 The department shall publish and regularly update a list of 415 materials that were removed or discontinued as a result of an 416 objection and disseminate the list to school districts for 417 consideration in their selection procedures. 418 (4)SCHOOL PRINCIPAL.The school principal has the 419 following duties for the management and care of materials at the 420 school: 421 (a)Proper use of instructional materials.The principal 422 shall assure that instructional materials are used to provide 423 instruction to students enrolled at the grade level or levels 424 for which the materials are designed, pursuant to adopted 425 district school board rule. The school principal shall 426 communicate to parents the manner in which instructional 427 materials are used to implement the curricular objectives of the 428 school and the procedures for contesting the adoption and use of 429 instructional materials. 430 (f)Selection of library media center materials.School 431 principals are responsible for overseeing compliance with school 432 district procedures for selecting school library media center 433 materials at the school to which they are assigned and notifying 434 parents of the process for objecting to the use of specific 435 materials. 436 Section 7.Sections 1000.05(2), (3), (4)(a), (5), and 437 (7)(d), 1001.453(2)(c), 1002.42(3)(a), 1003.27(2)(b) and (c), 438 1003.42(3)(a), (c), (e), and (f), 1004.43(2), 1006.205(2)(b) and 439 (3), 1009.23(7), 1009.24(10)(b), 1009.983(6), 1009.986(3)(e), 440 and 1014.05(1)(c), (d), and (f), Florida Statutes, are reenacted 441 for the purpose of incorporating the amendment made by this act 442 to s. 1000.21, Florida Statutes, in references thereto. 443 Section 8.If any provision of this act or its application 444 to any person or circumstance is held invalid, the invalidity 445 does not affect other provisions or applications of the act 446 which can be given effect without the invalid provision or 447 application, and to this end the provisions of this act are 448 severable. 449 Section 9.This act shall take effect July 1, 2023.