Florida 2025 Regular Session

Florida House Bill H6037 Compare Versions

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

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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 objections to instructional 2
16	16	materials; amending s. 1006.28, F.S.; removing 3
17	17	provisions authorizing parents and residents to object 4
18	18	to instructional materials; removing requirements for 5
19	19	certain meetings of committees related to such 6
20	20	objections; removing provisions authorizing the 7
21	21	Commissioner of Education to appoint a special 8
22	22	magistrate under certain circumstances; removing 9
23	23	district school board reporting requirements relating 10
24	24	to such objections; amending s. 1014.05, F.S.; 11
25	25	conforming provisions to changes made by the act; 12
26	26	providing an effective date. 13
27	27	14
28	28	Be It Enacted by the Legislature of the State of Florida: 15
29	29	16
30	30	Section 1. Paragraphs (a), (d), and (e) of subsection (2) 17
31	31	of section 1006.28, Florida Statutes, are amended to read: 18
32	32	1006.28 Duties of district school board, district school 19
33	33	superintendent; and school principal regarding K -12 20
34	34	instructional materials. — 21
35	35	(2) DISTRICT SCHOOL BO ARD.—The district school board has 22
36	36	the constitutional duty and responsibility to select and provide 23
37	37	adequate instructional materials for all students in accordance 24
38	38	with the requirements of this part. The district school board 25
39	39
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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
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51	51	also has the following specifi c duties and responsibilities: 26
52	52	(a) Courses of study; adoption. —Adopt courses of study, 27
53	53	including instructional materials, for use in the schools of the 28
54	54	district. 29
55	55	1. Each district school board is responsible for the 30
56	56	content of all instructional material s and any other materials 31
57	57	used in a classroom, made available in a school or classroom 32
58	58	library, or included on a reading list, whether adopted and 33
59	59	purchased from the state -adopted instructional materials list, 34
60	60	adopted and purchased through a district instr uctional materials 35
61	61	program under s. 1006.283, or otherwise purchased or made 36
62	62	available. 37
63	63	2. Each district school board must adopt a policy 38
64	64	regarding an objection by a parent or a resident of the county 39
65	65	to the use of a specific material, which clearly desc ribes a 40
66	66	process to handle all objections and provides for resolution. 41
67	67	The objection form, as prescribed by State Board of Education 42
68	68	rule, and the district school board's process must be easy to 43
69	69	read and understand and be easily accessible on the homepage o f 44
70	70	the school district's website. The objection form must also 45
71	71	identify the school district point of contact and contact 46
72	72	information for the submission of an objection. The process must 47
73	73	provide the parent or resident the opportunity to proffer 48
74	74	evidence to the district school board that: 49
75	75	a. An instructional material does not meet the criteria of 50
76	76
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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
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88	88	s. 1006.31(2) or s. 1006.40(3)(c) if it was selected for use in 51
89	89	a course or otherwise made available to students in the school 52
90	90	district but was not subject to the p ublic notice, review, 53
91	91	comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 54
92	92	and 11. 55
93	93	b. Any material used in a classroom, made available in a 56
94	94	school or classroom library, or included on a reading list 57
95	95	contains content which: 58
96	96	(I) Is pornographic or prohibited under s. 847.012; 59
97	97	(II) Depicts or describes sexual conduct as defined in s. 60
98	98	847.001(19), unless such material is for a course required by s. 61
99	99	1003.46 or s. 1003.42(2)(o)1.g. or 3., or identified by State 62
100	100	Board of Education rule; 63
101	101	(III) Is not suited to student needs and their ability to 64
102	102	comprehend the material presented; or 65
103	103	(IV) Is inappropriate for the grade level and age group 66
104	104	for which the material is used. 67
105	105	68
106	106	A resident of the county who is not the parent or guardian of a 69
107	107	student with access to school district materials may not object 70
108	108	to more than one material per month. The State Board of 71
109	109	Education may adopt rules to implement this provision. Any 72
110	110	material that is subject to an objection on the basis of sub -73
111	111	sub-subparagraph b.(I) or sub -sub-subparagraph b.(II) must be 74
112	112	removed within 5 school days after receipt of the objection and 75
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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
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125	125	remain unavailable to students of that school until the 76
126	126	objection is resolved. Par ents shall have the right to read 77
127	127	passages from any material that is subject to an objection. If 78
128	128	the school board denies a parent the right to read passages due 79
129	129	to content that meets the requirements under sub -sub-80
130	130	subparagraph b.(I), the school district sh all discontinue the 81
131	131	use of the material in the school district. If the district 82
132	132	school board finds that any material meets the requirements 83
133	133	under sub-subparagraph a. or that any other material contains 84
134	134	prohibited content under sub -sub-subparagraph b.(I), t he school 85
135	135	district shall discontinue use of the material. If the district 86
136	136	school board finds that any other material contains prohibited 87
137	137	content under sub-sub-subparagraphs b.(II) -(IV), the school 88
138	138	district shall discontinue use of the material for any grad e 89
139	139	level or age group for which such use is inappropriate or 90
140	140	unsuitable. 91
141	141	2.3. Each district school board must establish a process 92
142	142	by which the parent of a public school student or a resident of 93
143	143	the county may contest the district school board's adoption o f a 94
144	144	specific instructional material. The parent or resident must 95
145	145	file a petition, on a form provided by the school board, within 96
146	146	30 calendar days after the adoption of the instructional 97
147	147	material by the school board. The school board must make the 98
148	148	form available to the public and publish the form on the school 99
149	149	district's website. The form must be signed by the parent or 100
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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
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160	160
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162	162	resident, include the required contact information, and state 101
163	163	the objection to the instructional material based on the 102
164	164	criteria of s. 1006.3 1(2) or s. 1006.40(3)(c). Within 30 days 103
165	165	after the 30-day period has expired, the school board must, for 104
166	166	all petitions timely received, conduct at least one open public 105
167	167	hearing before an unbiased and qualified hearing officer. The 106
168	168	hearing officer may not b e an employee or agent of the school 107
169	169	district. The hearing is not subject to the provisions of 108
170	170	chapter 120; however, the hearing must provide sufficient 109
171	171	procedural protections to allow each petitioner an adequate and 110
172	172	fair opportunity to be heard and presen t evidence to the hearing 111
173	173	officer. The school board's decision after convening a hearing 112
174	174	is final and not subject to further petition or review. 113
175	175	3.4. Meetings of committees convened for the purpose of 114
176	176	ranking, eliminating, or selecting instructional mate rials for 115
177	177	recommendation to the district school board must be noticed and 116
178	178	open to the public in accordance with s. 286.011. Any committees 117
179	179	convened for such purposes must include parents of students who 118
180	180	will have access to such materials. 119
181	181	5. Meetings of committees convened for the purpose of 120
182	182	resolving an objection by a parent or resident to specific 121
183	183	materials must be noticed and open to the public in accordance 122
184	184	with s. 286.011. Any committees convened for such purposes must 123
185	185	include parents of students who will have access to such 124
186	186	materials. 125
187	187
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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
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199	199	6. If a parent disagrees with the determination made by 126
200	200	the district school board on the objection to the use of a 127
201	201	specific material, a parent may request the Commissioner of 128
202	202	Education to appoint a special magistrate who is a member of The 129
203	203	Florida Bar in good standing and who has at least 5 years' 130
204	204	experience in administrative law. The special magistrate shall 131
205	205	determine facts relating to the school district's determination, 132
206	206	consider information provided by the parent an d the school 133
207	207	district, and render a recommended decision for resolution to 134
208	208	the State Board of Education within 30 days after receipt of the 135
209	209	request by the parent. The State Board of Education must approve 136
210	210	or reject the recommended decision at its next regu larly 137
211	211	scheduled meeting that is more than 7 calendar days and no more 138
212	212	than 30 days after the date the recommended decision is 139
213	213	transmitted. The costs of the special magistrate shall be borne 140
214	214	by the school district. The State Board of Education shall adopt 141
215	215	rules, including forms, necessary to implement this 142
216	216	subparagraph. 143
217	217	(d) School library media services; establishment and 144
218	218	maintenance.—Establish and maintain a program of school library 145
219	219	media services for all public schools in the district, including 146
220	220	school library media centers, or school library media centers 147
221	221	open to the public, and, in addition such traveling or 148
222	222	circulating libraries as may be needed for the proper operation 149
223	223	of the district school system. Beginning January 1, 2023, school 150
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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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236	236	librarians, media specialists, and other personnel involved in 151
237	237	the selection of school district library materials must complete 152
238	238	the training program developed pursuant to s. 1006.29(6) before 153
239	239	reviewing and selecting age -appropriate materials and library 154
240	240	resources. Upon written request, a school district shall provide 155
241	241	access to any material or book specified in the request that is 156
242	242	maintained in a district school system library and is available 157
243	243	for review. 158
244	244	1. Each book made available to students through a school 159
245	245	district library media center or included in a recommended or 160
246	246	assigned school or grade -level reading list must be selected by 161
247	247	a school district employee who holds a valid educational media 162
248	248	specialist certificate, regardless of whether the book is 163
249	249	purchased, donated, or otherwise made available to students. 164
250	250	2. Each district school board shall adopt procedures for 165
251	251	developing library media center collections and post the 166
252	252	procedures on the website for each school within the district. 167
253	253	The procedures must: 168
254	254	a. Require that book selections meet the criteria in s. 169
255	255	1006.40(3)(c). 170
256	256	b. Require consultation of reputable, professionally 171
257	257	recognized reviewing periodicals and school community 172
258	258	stakeholders. 173
259	259	c. Provide for library media center collections, including 174
260	260	classroom libraries, based on reader interest, support of state 175
261	261
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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
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273	273	academic standards and aligned curriculum, and the academic 176
274	274	needs of students and faculty. 177
275	275	d. Provide for the regular removal or discontinuance of 178
276	276	books based on, at a minimum, physical condition, rate of recent 179
277	277	circulation, alignment to state academic standards and relevancy 180
278	278	to curriculum, and out-of-date content, and required removal 181
279	279	pursuant to subparagraph (a)2 . 182
280	280	3. Each elementary school must publish on its website, in 183
281	281	a searchable format prescribed by the department, a list of all 184
282	282	materials maintained and accessible in the school library media 185
283	283	center or a classroom library or required as part of a school or 186
284	284	grade-level reading list. 187
285	285	4. Each district school board shall adopt and publish on 188
286	286	its website the process for a parent to limit his or her 189
287	287	student's access to materials in the school or classroom 190
288	288	library. 191
289	289	(e) Public participation. —Publish on its website, in a 192
290	290	searchable format prescribed by the department, a list of all 193
291	291	instructional materials , including those used to provide 194
292	292	instruction required by s. 1003.42. Each district school board 195
293	293	must: 196
294	294	1. Provide access to all materials, excluding teacher 197
295	295	editions, in accordance with s. 1006.283(2)(b)8.a. before the 198
296	296	district school board takes any off icial action on such 199
297	297	materials. This process must include reasonable safeguards 200
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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	against the unauthorized use, reproduction, and distribution of 201
311	311	instructional materials considered for adoption. 202
312	312	2. Select, approve, adopt, or purchase all materials as a 203
313	313	separate line item on the agenda and provide a reasonable 204
314	314	opportunity for public comment. The use of materials described 205
315	315	in this paragraph may not be selected, approved, or adopted as 206
316	316	part of a consent agenda. 207
317	317	3. Annually, beginning June 30, 2023, submit to the 208
318	318	Commissioner of Education a report that identifies: 209
319	319	a. Each material for which the school district received an 210
320	320	objection pursuant to subparagraph (a)2., including the grade 211
321	321	level and course the material was used in, for the school year 212
322	322	and the specific objections thereto. 213
323	323	b. Each material that was removed or discontinued. 214
324	324	c. Each material that was not removed or discontinued and 215
325	325	the rationale for not removing or discontinuing the material. 216
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327	327	The department shall publish and regularly update a list of 218
328	328	materials that were removed or discontinued, sorted by grade 219
329	329	level, as a result of an objection and disseminate the list to 220
330	330	school districts for consideration in their selection 221
331	331	procedures. 222
332	332	Section 2. Paragraphs (d) through (f) of subsection (1) of 223
333	333	section 1014.05, Florida Statutes, are renumbered as paragraphs 224
334	334	(c) through (e), and present paragraphs (c) and (f) of that 225
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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	subsection are amended to read: 226
348	348	1014.05 School district notifications on parental rights. — 227
349	349	(1) Each district school board shall , in consultation with 228
350	350	parents, teachers, and administrators, develop and adopt a 229
351	351	policy to promote parental involvement in the public school 230
352	352	system. Such policy must include: 231
353	353	(c) Procedures, pursuant to s. 1006.28(2)(a)2., for a 232
354	354	parent to object to inst ructional materials and other materials 233
355	355	used in the classroom. Such objections may be based on beliefs 234
356	356	regarding morality, sex, and religion or the belief that such 235
357	357	materials are harmful. For purposes of this section, the term 236
358	358	"instructional materials" has the same meaning as in s. 237
359	359	1006.29(2) and may include other materials used in the 238
360	360	classroom, including workbooks and worksheets, handouts, 239
361	361	software, applications, and any digital media made available to 240
362	362	students. 241
363	363	(e)(f) Procedures for a parent to learn a bout parental 242
364	364	rights and responsibilities under general law, including all of 243
365	365	the following: 244
366	366	1. Pursuant to s. 1002.20(3)(d), the right to opt his or 245
367	367	her minor child out of any portion of the school district's 246
368	368	comprehensive health education required under s. 1003.42(2)(o) 247
369	369	that relates to sex education instruction in acquired immune 248
370	370	deficiency syndrome education or any instruction regarding 249
371	371	sexuality. 250
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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	2. A plan to disseminate information, pursuant to s. 251
385	385	1002.20(6), about school choice options, includ ing open 252
386	386	enrollment. 253
387	387	3. In accordance with s. 1002.20(3)(b), the right of a 254
388	388	parent to exempt his or her minor child from immunizations. 255
389	389	4. In accordance with s. 1008.22, the right of a parent to 256
390	390	review statewide, standardized assessment results. 257
391	391	5. In accordance with s. 1003.57, the right of a parent to 258
392	392	enroll his or her minor child in gifted or special education 259
393	393	programs. 260
394	394	6. In accordance with s. 1006.28(2)(a)1., the right of a 261
395	395	parent to inspect school district instructional materials. 262
396	396	6.7. In accordance with s. 1008.25, the right of a parent 263
397	397	to access information relating to the school district's policies 264
398	398	for promotion or retention, including high school graduation 265
399	399	requirements. 266
400	400	7.8. In accordance with s. 1002.20(14), the right of a 267
401	401	parent to receive a school report card and be informed of his or 268
402	402	her minor child's attendance requirements. 269
403	403	8.9. In accordance with s. 1002.23, the right of a parent 270
404	404	to access information relating to the state public education 271
405	405	system, state standards, report card r equirements, attendance 272
406	406	requirements, and instructional materials requirements. 273
407	407	9.10. In accordance with s. 1002.23(4), the right of a 274
408	408	parent to participate in parent -teacher associations and 275
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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	organizations that are sanctioned by a district school board o r 276
422	422	the Department of Education. 277
423	423	10.11. In accordance with s. 1002.222(1)(a), the right of 278
424	424	a parent to opt out of any district -level data collection 279
425	425	relating to his or her minor child not required by law. 280
426	426	Section 3. This act shall take effect July 1, 2025. 281