Florida 2024 Regular Session

Florida House Bill H1355 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1355 2024
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1355-00
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10	10	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	14	A bill to be entitled 1
15	15	An act relating to education; providing a short title; 2
16	16	amending s. 1000.05, F.S.; deleting provisions 3
17	17	relating to prohibited training or instruction in 4
18	18	specified concepts which constitutes discrimination on 5
19	19	the basis of race, color, national origin, or sex ; 6
20	20	repealing s. 1000.071, F.S., relating to personal 7
21	21	titles and pronouns; amending s. 1001.42, F.S.; 8
22	22	prohibiting school districts from adopting a procedure 9
23	23	that compels or authorizes school personnel to share 10
24	24	certain information with a parent under certain 11
25	25	circumstances; deleting a provision authorizing school 12
26	26	districts to adopt procedures that permit school 13
27	27	personnel to withhold certain information from a 14
28	28	parent under certain circumstances; deleting a 15
29	29	prohibition against classroom instruction on sexual 16
30	30	orientation and gender identity in specified grades; 17
31	31	deleting an exception; deleting a provision requiring 18
32	32	student support services to adhere to specified 19
33	33	guidelines; amending s. 1001.706, F.S.; deleting a 20
34	34	requirement for the Board of Governors to include in 21
35	35	its review of state university missions a directive to 22
36	36	each university regarding its programs for curricula 23
37	37	that violate certain provisions; amending s. 1001.92, 24
38	38	F.S.; deleting provisions relating to a state 25
39	39
40	40	HB 1355 2024
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45	45	hb1355-00
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47	47	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
48	48
49	49
50	50
51	51	university losing its eligibility for performance 26
52	52	funding if a certain violation is substantiated; 27
53	53	amending s. 1003.42, F.S.; requiring instruction in 28
54	54	LGBTQ history in public schools; conforming a cross -29
55	55	reference; amending s. 1004.06, F.S.; authorizing and 30
56	56	encouraging Florida College System institutions, state 31
57	57	universities, and direct -support organizations to 32
58	58	develop programs based on diversity, equity, and 33
59	59	inclusion principles; authorizing the expenditure of 34
60	60	state or federal funds to promote such programs; 35
61	61	deleting a prohibition against Florida College S ystem 36
62	62	institutions, state universities, and direct -support 37
63	63	organizations expending funds on programs or 38
64	64	activities that advocate for diversity, equity, and 39
65	65	inclusion or that promote or engage in political or 40
66	66	social activism; deleting obsolete language; ame nding 41
67	67	s. 1006.28, F.S.; providing that certain provisions 42
68	68	relating to district school board duties and materials 43
69	69	made available in schools do not apply to classroom 44
70	70	libraries; revising requirements for resolving 45
71	71	objections to instructional materials; delet ing a 46
72	72	requirement that any instructional material that is 47
73	73	subject to an objection be removed within 5 school 48
74	74	days; deleting a requirement that a school board 49
75	75	discontinue use of an instructional material if 50
76	76
77	77	HB 1355 2024
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84	84	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
85	85
86	86
87	87
88	88	certain conditions are met; providing that school 51
89	89	libraries may provide materials and information 52
90	90	presenting all points of view; providing that 53
91	91	materials may not be proscribed or removed due to 54
92	92	partisan or doctrinal disapproval; amending s. 55
93	93	1007.25, F.S.; deleting certain prohibitions for 56
94	94	general education courses; providing an effective 57
95	95	date. 58
96	96	59
97	97	Be It Enacted by the Legislature of the State of Florida: 60
98	98	61
99	99	Section 1. This act may be cited as the "Freedom to Learn 62
100	100	Act." 63
101	101	Section 2. Subsection (4) of section 1000.05, Florida 64
102	102	Statutes, is amended to read: 65
103	103	1000.05 Discrimination against students and employees in 66
104	104	the Florida K-20 public education system prohibited; equality of 67
105	105	access required.— 68
106	106	(4)(a) It shall constitute discrimination on the basis of 69
107	107	race, color, national origin, or sex under this section to 70
108	108	subject any student or employee to training or instruction that 71
109	109	espouses, promotes, advances, inculcates, or compels such 72
110	110	student or employee to believe any of the following concepts: 73
111	111	1. Members of one race, color, national origin, or sex are 74
112	112	morally superior to members of another race, color, national 75
113	113
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121	121	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
122	122
123	123
124	124
125	125	origin, or sex. 76
126	126	2. A person, by virtue of his or her race, color, national 77
127	127	origin, or sex, is inherently racist, sexist, or oppressive, 78
128	128	whether consciously or unconsciously. 79
129	129	3. A person's moral character or status as either 80
130	130	privileged or oppressed is necessarily determined by his or her 81
131	131	race, color, national origin, or sex. 82
132	132	4. Members of one race, color, national origin, or sex 83
133	133	cannot and should not attempt to treat others without respect to 84
134	134	race, color, national origin, or sex. 85
135	135	5. A person, by virtue of his or her race, color, national 86
136	136	origin, or sex, bears responsibility for, or should be 87
137	137	discriminated against or receive adverse treatment because of, 88
138	138	actions committed in the past by other members of the same race, 89
139	139	color, national origin, or sex. 90
140	140	6. A person, by virtue of his or her race, color, national 91
141	141	origin, or sex, should be discriminated against or receive 92
142	142	adverse treatment to achieve diversity, equity, or inclusion. 93
143	143	7. A person, by virtue of his or her race, color, sex, or 94
144	144	national origin, bears personal responsibility for and must feel 95
145	145	guilt, anguish, or other forms of psychological distress because 96
146	146	of actions, in which the person played no part, committed in the 97
147	147	past by other members of the same race, color, national origin, 98
148	148	or sex. 99
149	149	8. Such virtues as merit, excellence, hard work, fairness, 100
150	150
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158	158	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
159	159
160	160
161	161
162	162	neutrality, objectivity, and racial colorblindness are racist or 101
163	163	sexist, or were created by members of a particular race, color, 102
164	164	national origin, or sex to oppress members of another race, 103
165	165	color, national origin, or sex. 104
166	166	(b) Paragraph (a) may not be construed to prohibit 105
167	167	discussion of the concepts listed therein as part of a larger 106
168	168	course of training or instruction, provided such training or 107
169	169	instruction is given in an objective manner without endorsement 108
170	170	of the concepts. 109
171	171	Section 3. Section 1000.071, Florida Statutes, is 110
172	172	repealed. 111
173	173	Section 4. Paragraph (c) of subsection (8) of section 112
174	174	1001.42, Florida Statutes, is amended to read: 113
175	175	1001.42 Powers and duties of district school board. —The 114
176	176	district school board, acting as a board, shall exercise all 115
177	177	powers and perform all duties listed below: 116
178	178	(8) STUDENT WELFARE. — 117
179	179	(c)1. In accordance with the rights of parents enumerated 118
180	180	in ss. 1002.20 and 1014.04, adopt procedures for notifying a 119
181	181	student's parent if there is a change in the student's services 120
182	182	or monitoring related to the student's mental, emotional, or 121
183	183	physical health or well -being and the school's ability to 122
184	184	provide a safe and suppo rtive learning environment for the 123
185	185	student. The procedures must reinforce the fundamental right of 124
186	186	parents to make decisions regarding the upbringing and control 125
187	187
188	188	HB 1355 2024
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195	195	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
196	196
197	197
198	198
199	199	of their children by requiring school district personnel to 126
200	200	encourage a student to discuss iss ues relating to his or her 127
201	201	well-being with his or her parent or to facilitate discussion of 128
202	202	the issue with the parent. The procedures may not prohibit 129
203	203	parents from accessing any of their student's education and 130
204	204	health records created, maintained, or used b y the school 131
205	205	district, as required by s. 1002.22(2). 132
206	206	2. A school district may not adopt procedures or student 133
207	207	support forms that prohibit school district personnel from 134
208	208	notifying a parent about his or her student's mental, emotional, 135
209	209	or physical health o r well-being, or a change in related 136
210	210	services or monitoring, or that encourage or have the effect of 137
211	211	encouraging a student to withhold from a parent such 138
212	212	information. School district personnel may not discourage or 139
213	213	prohibit parental notification of and inv olvement in critical 140
214	214	decisions affecting a student's mental, emotional, or physical 141
215	215	health or well-being. A school district may not adopt a 142
216	216	procedure that compels or authorizes school personnel to provide 143
217	217	such information to a parent if a reasonably pruden t person 144
218	218	would believe that disclosure would result in harm to the 145
219	219	student, including, but not limited to, This subparagraph does 146
220	220	not prohibit a school district from adopting procedures that 147
221	221	permit school personnel to withhold such information from a 148
222	222	parent if a reasonably prudent person would believe that 149
223	223	disclosure would result in abuse, abandonment, or neglect, as 150
224	224
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232	232	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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234	234
235	235
236	236	those terms are defined in s. 39.01. 151
237	237	3. Classroom instruction by school personnel or third 152
238	238	parties on sexual orientation or gender identity may not occur 153
239	239	in prekindergarten through grade 8, except when required by ss. 154
240	240	1003.42(2)(n)3. and 1003.46. If such instruction is provided in 155
241	241	grades 9 through 12, the instruction must be age -appropriate or 156
242	242	developmentally appropriate for students in accord ance with 157
243	243	state standards. This subparagraph applies to charter schools. 158
244	244	4. Student support services training developed or provided 159
245	245	by a school district to school district personnel must adhere to 160
246	246	student services guidelines, standards, and frameworks 161
247	247	established by the Department of Education. 162
248	248	5. At the beginning of the school year, each school 163
249	249	district shall notify parents of each health care service 164
250	250	offered at their student's school and the option to withhold 165
251	251	consent or decline any specific service i n accordance with s. 166
252	252	1014.06. Parental consent to a health care service does not 167
253	253	waive the parent's right to access his or her student's 168
254	254	educational or health records or to be notified about a change 169
255	255	in his or her student's services or monitoring as provid ed by 170
256	256	this paragraph. 171
257	257	4.6. Before administering a student well -being 172
258	258	questionnaire or health screening form to a student in 173
259	259	kindergarten through grade 3, the school district must provide 174
260	260	the questionnaire or health screening form to the parent and 175
261	261
262	262	HB 1355 2024
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269	269	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
270	270
271	271
272	272
273	273	obtain the permission of the parent. 176
274	274	5.7. Each school district shall adopt procedures for a 177
275	275	parent to notify the principal, or his or her designee, 178
276	276	regarding concerns under this paragraph at his or her student's 179
277	277	school and the process for resolving those conce rns within 7 180
278	278	calendar days after notification by the parent. 181
279	279	a. At a minimum, the procedures must require that within 182
280	280	30 days after notification by the parent that the concern 183
281	281	remains unresolved, the school district must either resolve the 184
282	282	concern or provide a statement of the reasons for not resolving 185
283	283	the concern. 186
284	284	b. If a concern is not resolved by the school district, a 187
285	285	parent may: 188
286	286	(I) Request the Commissioner of Education to appoint a 189
287	287	special magistrate who is a member of The Florida Bar in good 190
288	288	standing and who has at least 5 years' experience in 191
289	289	administrative law. The special magistrate shall determine facts 192
290	290	relating to the dispute over the school district procedure or 193
291	291	practice, consider information provided by the school district, 194
292	292	and render a recommended decision for resolution to the State 195
293	293	Board of Education within 30 days after receipt of the request 196
294	294	by the parent. The State Board of Education must approve or 197
295	295	reject the recommended decision at its next regularly scheduled 198
296	296	meeting that is more than 7 calendar days and no more than 30 199
297	297	days after the date the recommended decision is transmitted. The 200
298	298
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306	306	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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310	310	costs of the special magistrate shall be borne by the school 201
311	311	district. The State Board of Education shall adopt rules, 202
312	312	including forms, necessary to i mplement this subparagraph. 203
313	313	(II) Bring an action against the school district to obtain 204
314	314	a declaratory judgment that the school district procedure or 205
315	315	practice violates this paragraph and seek injunctive relief. A 206
316	316	court may award damages and shall award rea sonable attorney fees 207
317	317	and court costs to a parent who receives declaratory or 208
318	318	injunctive relief. 209
319	319	c. Each school district shall adopt and post on its 210
320	320	website policies to notify parents of the procedures required 211
321	321	under this subparagraph. 212
322	322	d. Nothing contained in this subparagraph shall be 213
323	323	construed to abridge or alter rights of action or remedies in 214
324	324	equity already existing under the common law or general law. 215
325	325	Section 5. Paragraph (a) of subsection (5) of section 216
326	326	1001.706, Florida Statutes, is amended t o read: 217
327	327	1001.706 Powers and duties of the Board of Governors. — 218
328	328	(5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY. — 219
329	329	(a) The Legislature intends that the Board of Governors 220
330	330	shall align the missions of each constituent university with the 221
331	331	academic success of its students; the existing and emerging 222
332	332	economic development needs of the state; the national reputation 223
333	333	of its faculty and its academic and research programs; the 224
334	334	quantity of externally generated research, patents, and 225
335	335
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343	343	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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347	347	licenses; and the strategic and accountability plans required in 226
348	348	paragraphs (b) and (c). The Board of Governors shall 227
349	349	periodically review the mission of each constituent university 228
350	350	and make updates or revisions as needed. Upon completion of a 229
351	351	review of the mission, the board shall revie w existing academic 230
352	352	programs for alignment with the mission. The board shall include 231
353	353	in its review a directive to each constituent university 232
354	354	regarding its programs for any curriculum that violates s. 233
355	355	1000.05 or that is based on theories that systemic raci sm, 234
356	356	sexism, oppression, and privilege are inherent in the 235
357	357	institutions of the United States and were created to maintain 236
358	358	social, political, and economic inequities. The mission 237
359	359	alignment and strategic plan must consider peer institutions at 238
360	360	the constituent universities. The mission alignment and 239
361	361	strategic plan must acknowledge that universities that have a 240
362	362	national and international impact have the greatest capacity to 241
363	363	promote the state's economic development through: new 242
364	364	discoveries, patents, licenses, and technologies that generate 243
365	365	state businesses of global importance; research achievements 244
366	366	through external grants and contracts that are comparable to 245
367	367	nationally recognized and ranked universities; the creation of a 246
368	368	resource rich academic environment that a ttracts high-technology 247
369	369	business and venture capital to the state; and this generation's 248
370	370	finest minds focusing on solving the state's economic, social, 249
371	371	environmental, and legal problems in the areas of life sciences, 250
372	372
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380	380	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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384	384	water, sustainability, energy, and heal th care. A nationally 251
385	385	recognized and ranked university that has a global perspective 252
386	386	and impact must be afforded the opportunity to enable and 253
387	387	protect the university's competitiveness on the global stage in 254
388	388	fair competition with other institutions of other states in the 255
389	389	highest Carnegie Classification. 256
390	390	Section 6. Subsection (5) of section 1001.92, Florida 257
391	391	Statutes, is amended to read: 258
392	392	1001.92 State University System Performance -Based 259
393	393	Incentive.— 260
394	394	(5) Notwithstanding any other provision of this sectio n, 261
395	395	if any institution is found to have a substantiated violation of 262
396	396	s. 1000.05(4)(a), the institution shall be ineligible to receive 263
397	397	performance funding during the next fiscal year following the 264
398	398	year in which the violation is substantiated. Substantiated 265
399	399	findings are those as determined by a court of law, a standing 266
400	400	committee of the Legislature, or the Board of Governors. 267
401	401	Section 7. Paragraph (g) of subsection (2) of section 268
402	402	1003.42, Florida Statutes, is amended, and paragraph (v) is 269
403	403	added to that subsection, to read: 270
404	404	1003.42 Required instruction. — 271
405	405	(2) Members of the instructional staff of the public 272
406	406	schools, subject to the rules of the State Board of Education 273
407	407	and the district school board, shall teach efficiently and 274
408	408	faithfully, using the books and materials required that meet the 275
409	409
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417	417	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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421	421	highest standards for professionalism and historical accuracy, 276
422	422	following the prescribed courses of study, and employing 277
423	423	approved methods of instruction, the following: 278
424	424	(g)1. The history of the Holocaust (1933 -1945), the 279
425	425	systematic, planned annihilation of European Jews and other 280
426	426	groups by Nazi Germany, a watershed event in the history of 281
427	427	humanity, to be taught in a manner that leads to an 282
428	428	investigation of human behavior, an understanding of the 283
429	429	ramifications of prejudice, racism, and stereotyping, and an 284
430	430	examination of what it means to be a responsible and respectful 285
431	431	person, for the purposes of encouraging tolerance of diversity 286
432	432	in a pluralistic society and for nurturing and protecting 287
433	433	democratic values and institutions, i ncluding the policy, 288
434	434	definition, and historical and current examples of anti -289
435	435	Semitism, as described in s. 1000.05(7) s. 1000.05(8), and the 290
436	436	prevention of anti-Semitism. Each school district must annually 291
437	437	certify and provide evidence to the department, in a manner 292
438	438	prescribed by the department, that the requirements of this 293
439	439	paragraph are met. The department shall prepare and offer 294
440	440	standards and curriculum for the instruction required by this 295
441	441	paragraph and may seek input from the Commissioner of 296
442	442	Education's Task Force on Holocaust Education or from any state 297
443	443	or nationally recognized Holocaust educational organizations. 298
444	444	The department may contract with any state or nationally 299
445	445	recognized Holocaust educational organizations to develop 300
446	446
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454	454	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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458	458	training for instructional pe rsonnel and grade-appropriate 301
459	459	classroom resources to support the developed curriculum. 302
460	460	2. The second week in November shall be designated as 303
461	461	"Holocaust Education Week" in this state in recognition that 304
462	462	November is the anniversary of Kristallnacht, widely recognized 305
463	463	as a precipitating event that led to the Holocaust. 306
464	464	(v) The study of LGBTQ history in Florida and the LGBTQ 307
465	465	community's contributions to the United States, which may 308
466	466	include important United States Supreme Court cases, such as 309
467	467	Obergefell v. Hodges and Windsor v. United States ; the Florida 310
468	468	Legislative Investigation Committee; and the tragedy at Pulse 311
469	469	Nightclub. 312
470	470	313
471	471	The State Board of Education is encouraged to adopt standards 314
472	472	and pursue assessment of the requirements of this subsection. 315
473	473	Instructional programming that incorporates the values of the 316
474	474	recipients of the Congressional Medal of Honor and that is 317
475	475	offered as part of a social studies, English Language Arts, or 318
476	476	other schoolwide character building and veteran awareness 319
477	477	initiative meets the req uirements of paragraph (u). 320
478	478	Section 8. Subsection (4) of section 1004.06, Florida 321
479	479	Statutes, is renumbered as subsection (3), and subsections (2) 322
480	480	and (3) of that section are amended to read: 323
481	481	1004.06 Prohibited expenditures. — 324
482	482	(2) A Florida College Sy stem institution, state 325
483	483
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491	491	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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493	493
494	494
495	495	university, Florida College System institution direct -support 326
496	496	organization, or state university direct -support organization 327
497	497	may, and is encouraged to, develop programs and campus 328
498	498	activities anchored in the principles of diversity, e quity, and 329
499	499	inclusion. Programs and courses may not expend any state or 330
500	500	federal funds to promote, support, or maintain any such programs 331
501	501	or campus activities that: 332
502	502	(a) Violate s. 1000.05; or 333
503	503	(b) Advocate for diversity, equity, and inclusion, or 334
504	504	promote or engage in political or social activism, as defined by 335
505	505	rules of the State Board of Education and regulations of the 336
506	506	Board of Governors. 337
507	507	338
508	508	Student fees to support student -led organizations are permitted 339
509	509	notwithstanding any speech or expressive activity by such 340
510	510	organizations which would otherwise violate this subsection , 341
511	511	provided that the public funds must be allocated to student -led 342
512	512	organizations pursuant to written policies or regulations of 343
513	513	each Florida College System institution or state university, as 344
514	514	applicable. Use of institution facilities by student -led 345
515	515	organizations is permitted notwithstanding any speech or 346
516	516	expressive activity by such organizations which would otherwise 347
517	517	violate this subsection , provided that such use must be granted 348
518	518	to student-led organizations pursuant to written policies or 349
519	519	regulations of each Florida College System institution or state 350
520	520
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528	528	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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532	532	university, as applicable. 351
533	533	(3) Subsection (2) does not prohibit programs, campus 352
534	534	activities, or functions required for compliance with general o r 353
535	535	federal laws or regulations; for obtaining or retaining 354
536	536	institutional or discipline -specific accreditation with the 355
537	537	approval of either the State Board of Education or the Board of 356
538	538	Governors; or for access programs for military veterans, Pell 357
539	539	Grant recipients, first generation college students, 358
540	540	nontraditional students, "2+2" transfer students from the 359
541	541	Florida College System, students from low -income families, or 360
542	542	students with unique abilities. 361
543	543	Section 9. Paragraphs (a) and (d) of subsection (2) of 362
544	544	section 1006.28, Florida Statutes, are amended to read: 363
545	545	1006.28 Duties of district school board, district school 364
546	546	superintendent; and school principal regarding K -12 365
547	547	instructional materials. — 366
548	548	(2) DISTRICT SCHOOL BOARD. —The district school board has 367
549	549	the constitutional duty and responsibility to select and provide 368
550	550	adequate instructional materials for all students in accordance 369
551	551	with the requirements of this part. The district school board 370
552	552	also has the following specific duties and responsibilities: 371
553	553	(a) Courses of study; adoption. —Adopt courses of study, 372
554	554	including instructional materials, for use in the schools of the 373
555	555	district. 374
556	556	1. Each district school board is responsible for the 375
557	557
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565	565	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
566	566
567	567
568	568
569	569	content of all instructional materials and any other materials 376
570	570	used in a classroom, made available in a school or classroom 377
571	571	library, or included on a reading list, whether adopted and 378
572	572	purchased from the state -adopted instructional materials list, 379
573	573	adopted and purchased through a district instructional materials 380
574	574	program under s. 1006.28 3, or otherwise purchased or made 381
575	575	available. 382
576	576	2. Each district school board must adopt a policy 383
577	577	regarding an objection by a parent or a resident of the county 384
578	578	to the use of a specific material, which clearly describes a 385
579	579	process to handle all objections an d provides for resolution. 386
580	580	The objection form, as prescribed by State Board of Education 387
581	581	rule, and the district school board's process must be easy to 388
582	582	read and understand and be easily accessible on the homepage of 389
583	583	the school district's website. The object ion form must also 390
584	584	identify the school district point of contact and contact 391
585	585	information for the submission of an objection. The process must 392
586	586	provide the parent or resident the opportunity to proffer 393
587	587	evidence to the district school board that: 394
588	588	a. An instructional material does not meet the criteria of 395
589	589	s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 396
590	590	a course or otherwise made available to students in the school 397
591	591	district but was not subject to the public notice, review, 398
592	592	comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 399
593	593	and 11. 400
594	594
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602	602	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
603	603
604	604
605	605
606	606	b. Any material used in a classroom, made available in a 401
607	607	school or classroom library, or included on a reading list 402
608	608	contains content which: 403
609	609	(I) Is pornographic or prohibited under s. 847.012; 404
610	610	(II) Depicts or describes sexual conduct as defined in s. 405
611	611	847.001(19), unless such material is for a course required by s. 406
612	612	1003.46, s. 1003.42(2)(n)1.g., or s. 1003.42(2)(n)3., or 407
613	613	identified by State Board of Education rule; 408
614	614	(III) Is not suited to student needs and their ability to 409
615	615	comprehend the material presented; or 410
616	616	(III)(IV) Is inappropriate for the grade level and age 411
617	617	group for which the material is used. 412
618	618	413
619	619	Any material that is subject to an objection on the basis of 414
620	620	sub-sub-subparagraph b.(I) or sub -sub-subparagraph b.(II) must 415
621	621	be removed within 5 school days of receipt of the objection and 416
622	622	remain unavailable to students of that school until the 417
623	623	objection is resolved. Parents shall have the right to read 418
624	624	passages from any material that is subject to an obje ction. If 419
625	625	the school board denies a parent the right to read passages due 420
626	626	to content that meets the requirements under sub -sub-421
627	627	subparagraph b.(I), the school district shall discontinue the 422
628	628	use of the material. If the district school board finds that any 423
629	629	material meets the requirements under sub -subparagraph a. or 424
630	630	that any other material contains prohibited content under sub -425
631	631
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639	639	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
640	640
641	641
642	642
643	643	sub-subparagraph b.(I), the school district shall discontinue 426
644	644	use of the material. If the district school board finds that any 427
645	645	other material contains prohibited content under sub -sub-428
646	646	subparagraphs b.(II) -(IV), the school district shall discontinue 429
647	647	use of the material for any grade level or age group for which 430
648	648	such use is inappropriate or unsuitable. 431
649	649	3. Each district school board must e stablish a process by 432
650	650	which the parent of a public school student or a resident of the 433
651	651	county may contest the district school board's adoption of a 434
652	652	specific instructional material. The parent or resident must 435
653	653	file a petition, on a form provided by the scho ol board, within 436
654	654	30 calendar days after the adoption of the instructional 437
655	655	material by the school board. The school board must make the 438
656	656	form available to the public and publish the form on the school 439
657	657	district's website. The form must be signed by the parent or 440
658	658	resident, include the required contact information, and state 441
659	659	the objection to the instructional material based on the 442
660	660	criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days 443
661	661	after the 30-day period has expired, the school board must, for 444
662	662	all petitions timely received, conduct at least one open public 445
663	663	hearing before an unbiased and qualified hearing officer. The 446
664	664	hearing officer may not be an employee or agent of the school 447
665	665	district. The hearing is not subject to the provisions of 448
666	666	chapter 120; however, the hearing must provide sufficient 449
667	667	procedural protections to allow each petitioner an adequate and 450
668	668
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676	676	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
677	677
678	678
679	679
680	680	fair opportunity to be heard and present evidence to the hearing 451
681	681	officer. The school board's decision after convening a hearing 452
682	682	is final and not subjec t to further petition or review. 453
683	683	4. Meetings of committees convened for the purpose of 454
684	684	ranking, eliminating, or selecting instructional materials for 455
685	685	recommendation to the district school board must be noticed and 456
686	686	open to the public in accordance with s. 286.011. Any committees 457
687	687	convened for such purposes must include parents of students who 458
688	688	will have access to such materials. 459
689	689	5. Meetings of committees convened for the purpose of 460
690	690	resolving an objection by a parent or resident to specific 461
691	691	materials must be noticed and open to the public in accordance 462
692	692	with s. 286.011. Any committees convened for such purposes must 463
693	693	include parents of students who will have access to such 464
694	694	materials. 465
695	695	6. If a parent disagrees with the determination made by 466
696	696	the district school board on the objection to the use of a 467
697	697	specific material, a parent may request the Commissioner of 468
698	698	Education to appoint a special magistrate who is a member of The 469
699	699	Florida Bar in good standing and who has at least 5 years' 470
700	700	experience in administrative law. The special magistrate shall 471
701	701	determine facts relating to the school district's determination, 472
702	702	consider information provided by the parent and the school 473
703	703	district, and render a re commended decision for resolution to 474
704	704	the State Board of Education within 30 days after receipt of the 475
705	705
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713	713	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
714	714
715	715
716	716
717	717	request by the parent. The State Board of Education must approve 476
718	718	or reject the recommended decision at its next regularly 477
719	719	scheduled meeting that is more t han 7 calendar days and no more 478
720	720	than 30 days after the date the recommended decision is 479
721	721	transmitted. The costs of the special magistrate shall be borne 480
722	722	by the school district. The State Board of Education shall adopt 481
723	723	rules, including forms, necessary to im plement this 482
724	724	subparagraph. 483
725	725	(d) School library media services; establishment and 484
726	726	maintenance.—Establish and maintain a program of school library 485
727	727	media services for all public schools in the district, including 486
728	728	school library media centers, or school libra ry media centers 487
729	729	open to the public, and, in addition such traveling or 488
730	730	circulating libraries as may be needed for the proper operation 489
731	731	of the district school system. Beginning January 1, 2023, school 490
732	732	librarians, media specialists, and other personnel invo lved in 491
733	733	the selection of school district library materials must complete 492
734	734	the training program developed pursuant to s. 1006.29(6) before 493
735	735	reviewing and selecting age -appropriate materials and library 494
736	736	resources. Upon written request, a school district shall provide 495
737	737	access to any material or book specified in the request that is 496
738	738	maintained in a district school system library and is available 497
739	739	for review. 498
740	740	1. Each book made available to students through a school 499
741	741	district library media center or included in a re commended or 500
742	742
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750	750	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
751	751
752	752
753	753
754	754	assigned school or grade -level reading list must be selected by 501
755	755	a school district employee who holds a valid educational media 502
756	756	specialist certificate, regardless of whether the book is 503
757	757	purchased, donated, or otherwise made available to student s. 504
758	758	2. Each district school board shall adopt procedures for 505
759	759	developing library media center collections and post the 506
760	760	procedures on the website for each school within the district. 507
761	761	School libraries may provide materials and information 508
762	762	presenting all points of view on current and historical issues. 509
763	763	Materials may not be proscribed or removed because of partisan 510
764	764	or doctrinal disapproval. The procedures must: 511
765	765	a. Require that book selections meet the criteria in s. 512
766	766	1006.40(3)(d). 513
767	767	b. Require consultation of reputable, professionally 514
768	768	recognized reviewing periodicals and school community 515
769	769	stakeholders. 516
770	770	c. Provide for library media center collections, including 517
771	771	classroom libraries, based on reader interest, support of state 518
772	772	academic standards and aligned curri culum, and the academic 519
773	773	needs of students and faculty. 520
774	774	d. Provide for the regular removal or discontinuance of 521
775	775	books based on, at a minimum, physical condition, rate of recent 522
776	776	circulation, alignment to state academic standards and relevancy 523
777	777	to curriculum, out-of-date content, and required removal 524
778	778	pursuant to subparagraph (a)2. 525
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787	787	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
788	788
789	789
790	790
791	791	3. Each elementary school must publish on its website, in 526
792	792	a searchable format prescribed by the department, a list of all 527
793	793	materials maintained and accessible in the school library media 528
794	794	center or a classroom library or required as part of a school or 529
795	795	grade-level reading list. 530
796	796	4. Each district school board shall adopt and publish on 531
797	797	its website the process for a parent to limit his or her 532
798	798	student's access to materials in the schoo l or classroom 533
799	799	library. 534
800	800	Section 10. Paragraph (c) of subsection (3) of section 535
801	801	1007.25, Florida Statutes, is amended to read: 536
802	802	1007.25 General education courses; common prerequisites; 537
803	803	other degree requirements. — 538
804	804	(3) The chair of the State Board of E ducation and the 539
805	805	chair of the Board of Governors, or their designees, shall 540
806	806	jointly appoint faculty committees to review and recommend to 541
807	807	the Articulation Coordinating Committee for approval by the 542
808	808	State Board of Education and the Board of Governors statew ide 543
809	809	general education core course options for inclusion in the 544
810	810	statewide course numbering system established under s. 1007.24. 545
811	811	Faculty committees shall, by July 1, 2024, and by July 1 every 4 546
812	812	years thereafter, review and submit recommendations to the 547
813	813	Articulation Coordinating Committee and the commissioner for the 548
814	814	removal, alignment, realignment, or addition of general 549
815	815	education core courses that satisfy the requirements of this 550
816	816
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824	824	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
825	825
826	826
827	827
828	828	subsection. 551
829	829	(c) General education core courses may not distort 552
830	830	significant historical events or include a curriculum that 553
831	831	teaches identity politics, violates s. 1000.05, or is based on 554
832	832	theories that systemic racism, sexism, oppression, and privilege 555
833	833	are inherent in the institutions of the United States and were 556
834	834	created to maintain social, political, and economic inequities. 557
835	835	Section 11. This act shall take effect July 1, 2024. 558