Florida 2025 Regular Session

Florida House Bill H6037 Latest Draft

Bill / Introduced Version Filed 02/28/2025

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