THE BILL ITSELF
SB 1090
Education
Florida Senate - 2026 SB 1090 By Senator Grall 29-00528B-26 20261090__
1
A bill to be entitled
2
An act relating to education; creating s. 1001.325,
3
F.S.; prohibiting certain entities from expending
4
funds on organizations that discriminate on the basis
5
of race, color, national origin, sex, disability, or
6
religion; prohibiting certain entities from expending
7
funds to promote, support, or maintain certain
8
programs or campus activities; providing an exception
9
for student fees to support student-led organizations
10
under certain circumstances; providing construction;
11
requiring the State Board of Education to adopt rules;
12
amending s. 1002.20, F.S.; requiring that a public
13
school student have prior written consent from his or
14
her parent or guardian to receive instruction on
15
reproductive health; authorizing a student to carry an
16
FDA-approved epinephrine delivery device, rather than
17
an epinephrine auto-injector; requiring the state
18
board to adopt rules for the use of an FDA-approved
19
epinephrine delivery device, rather than an
20
epinephrine auto-injector; making conforming changes;
21
amending s. 1002.42, F.S.; authorizing a private
22
school to purchase a supply of FDA-approved
23
epinephrine delivery devices, rather than epinephrine
24
auto-injectors; making conforming changes; amending s.
25
1002.421, F.S.; specifying what constitutes regular
26
and direct contact with teachers for private school
27
students who are eligible for a certain scholarship;
28
amending s. 1002.55, F.S.; revising the period of time
29
for which a private prekindergarten provider is
30
prohibited from delivering a prekindergarten program
31
and receiving state funds under certain circumstances;
32
amending s. 1002.61, F.S.; revising the period of time
33
for which a private prekindergarten provider is
34
prohibited from delivering a summer prekindergarten
35
program and receiving state funds under certain
36
circumstances; amending s. 1002.63, F.S.; revising the
37
period of time for which a public school is prohibited
38
from participating in the Voluntary Prekindergarten
39
Education Program and receiving state funds under
40
certain circumstances; amending s. 1002.68, F.S.;
41
deleting provisions relating to the calculation of a
42
kindergarten readiness rate; revising the period of
43
time for which a public or private prekindergarten
44
provider is prohibited from participating in the
45
Voluntary Prekindergarten Education Program for a
46
failing program assessment composite score; revising
47
the period of time for which a private prekindergarten
48
provider’s or public school’s eligibility to deliver
49
the Voluntary Prekindergarten Education Program and
50
receive state funds is revoked under certain
51
circumstances; amending s. 1002.82, F.S.; revising the
52
timeframe for which a school readiness program
53
provider must fail to meet minimum quality measures to
54
be terminated; amending s. 1002.88, F.S.; revising the
55
period of time for which an early learning coalition
56
is authorized to revoke a school readiness provider’s
57
eligibility to deliver programs and receive state
58
funds under certain circumstances; amending s.
59
1002.91, F.S.; revising the period of time for which
60
an early learning coalition is prohibited from
61
contracting with or using the service of certain
62
school readiness providers and Voluntary
63
Prekindergarten Education Program providers under
64
certain circumstances; amending s. 1002.945, F.S.;
65
revising the period of time for which the Department
66
of Education is required to recommend that the state
67
board terminate an accrediting association’s
68
participation in the Gold Seal Quality Care Program;
69
requiring the Department of Children and Families to
70
make a specified determination for child care
71
providers; deleting an exception; amending s. 1003.42,
72
F.S.; revising health education topics included in
73
required instruction; providing requirements for
74
health education addressing human embryologic and
75
fetal development; authorizing the State Board of
76
Education to adopt rules; requiring a school district
77
to notify a parent or guardian and obtain written
78
consent before providing instruction on HIV/AIDS;
79
creating s. 1003.4202, F.S.; requiring each school
80
district to implement a system of comprehensive
81
mathematics instruction for specified students;
82
requiring each school district to develop and submit a
83
mathematics instruction plan to the district school
84
board for approval; providing requirements for the
85
plan; authorizing a charter school to submit its own
86
plan; providing components for the mathematics plan;
87
requiring each school district to submit its approved
88
mathematics instruction plan to specified entities by
89
a specified date each year; defining the term
90
“evidence-based”; amending s. 1003.46, F.S.; requiring
91
a district school board to obtain written consent from
92
a student’s parent or guardian before the student
93
receives instruction in acquired immune deficiency
94
syndrome education; amending s. 1006.07, F.S.;
95
deleting provisions relating to the use of temporary
96
door locks; amending s. 1006.38, F.S.; authorizing the
97
Commissioner of Education to remove certain
98
instructional materials from the list of state
99
approved instructional materials, and to revoke for a
100
specified period of time the eligibility to offer
101
instructional materials for state adoption of the
102
publisher or manufacturer of such materials, if he or
103
she determines the publisher or manufacturer violated
104
any provision of Florida law; providing requirements
105
for the Department of Education before instructional
106
materials are removed; authorizing the commissioner to
107
require corrective action by the publisher or
108
manufacturer; providing construction; amending s.
109
1006.39, F.S.; requiring that materials and products
110
developed by or under the direction of the department
111
be made available for use by school districts;
112
authorizing school districts to purchase instructional
113
materials developed by or under the direction of the
114
department; amending s. 1008.25, F.S.; revising the
115
score threshold for a Voluntary Prekindergarten
116
Education Program student’s performance on coordinated
117
screening and progress monitoring for the student to
118
receive specified instructional support; conforming a
119
cross-reference; amending s. 1008.33, F.S.; requiring
120
the department to annually identify each public school
121
district in need of intervention and support;
122
specifying criteria for a school district to be deemed
123
in need of intervention and support; requiring school
124
districts in need of intervention and support to
125
annually submit a district improvement plan; providing
126
requirements for such plan; requiring the plan to be
127
approved by the local school board; requiring such
128
districts to submit specified information to the
129
department; authorizing the state board to require
130
modifications to or revoke a school district’s
131
district improvement plan under certain circumstances;
132
amending s. 1012.56, F.S.; deleting a method for an
133
educator to demonstrate mastery of professional
134
preparation and education competence; revising
135
requirements for professional education competency
136
programs; requiring the state board to adopt rules;
137
deleting a requirement for the commissioner to
138
determine the continued approval of programs; amending
139
s. 1014.05, F.S.; requiring that a policy to promote
140
parental involvement include procedures for a parent
141
to provide or withhold consent for his or her minor
142
child to participate in instruction on reproductive
143
health or any disease; amending s. 1008.2125, F.S.;
144
conforming a cross-reference; providing an effective
145
date.
147
Be It Enacted by the Legislature of the State of Florida:
149
Section 1. Section 1001.325, Florida Statutes, is created
150
to read:
151
1001.325 Prohibited expenditures.—
152
(1) A public school, charter school, school district,
153
charter school administrator, or direct-support organization may
154
not expend any funds, regardless of source, to purchase
155
membership in, or goods and services from, any organization that
156
discriminates on the basis of race, color, national origin, sex,
157
disability, or religion.
158
(2) A public school, charter school, school district,
159
charter school administrator, or direct-support organization may
160
not expend any state or federal funds to promote, support, or
161
maintain any programs or campus activities that:
162
(a) Violate s. 1000.05; or
163
(b) Advocate for diversity, equity, and inclusion, or
164
promote or engage in political or social activism, as defined by
165
the State Board of Education.
167
Student fees to support student-led organizations are permitted
168
notwithstanding any speech or expressive activity by such
169
organization which would otherwise violate this subsection,
170
provided that the public funds must be allocated to student-led
171
organizations pursuant to written policies or regulations of the
172
school or district in which the student is enrolled, as
173
applicable. Use of school or district facilities by student-led
174
organizations is permitted notwithstanding any speech or
175
expressive activity by such organizations which would otherwise
176
violate this subsection, provided that such use must be granted
177
to student-led organizations pursuant to written policies or
178
regulations of each school or school district, as applicable.
179
(3) Subsection (2) does not prohibit programs, campus
180
activities, or functions required for compliance with general or
181
federal laws or regulations, for obtaining or retaining
182
accreditation, or for continuing to receive state funds with the
183
approval of either the State Board of Education or the
184
department.
185
(4) The State Board of Education shall adopt rules to
186
implement this section.
187
Section 2. Paragraphs (d) and (i) of subsection (3) of
188
section 1002.20, Florida Statutes, are amended to read:
189
1002.20 K-12 student and parent rights.—Parents of public
190
school students must receive accurate and timely information
191
regarding their child’s academic progress and must be informed
192
of ways they can help their child to succeed in school. K-12
193
students and their parents are afforded numerous statutory
194
rights including, but not limited to, the following:
195
(3) HEALTH ISSUES.—
196
(d) Reproductive health and disease education.—A public
197
school student , only with prior written consent by his or her
198
parent or guardian whose parent makes written request to the
199
school principal , shall be provided instruction in exempted from
200
the teaching of reproductive health or any disease, including
201
HIV/AIDS, in accordance with s. 1003.42(5).
202
1. Each school district shall, on the district’s website
203
homepage, notify parents of this right and the process to
204
provide or withhold consent request an exemption . The homepage
205
must include a link for a student’s parent to access and review
206
the instructional materials, as defined in s. 1006.29(2), used
207
to teach the curriculum.
208
2. Each school district shall annually review and confirm
209
that the information provided on the district’s website homepage
210
under subparagraph 1. is accurate and up to date and shall
211
notify parents by physical or electronic means any time
212
revisions are made to such information.
213
(i) Epinephrine use and supply.—
214
1. A student who has experienced or is at risk for life
215
threatening allergic reactions may carry an FDA-approved
216
epinephrine delivery device auto-injector and self-administer
217
epinephrine by FDA-approved delivery device auto-injector while
218
in school, participating in school-sponsored activities, or in
219
transit to or from school or school-sponsored activities if the
220
school has been provided with parental and physician
221
authorization. The State Board of Education, in cooperation with
222
the Department of Health, shall adopt rules for such use of FDA
223
approved epinephrine delivery devices which must auto-injectors
224
that shall include provisions to protect the safety of all
225
students from the misuse or abuse of such delivery devices auto
226
injectors . A school district, county health department, public
227
private partner, and their employees and volunteers shall be
228
indemnified by the parent of a student authorized to carry an
229
FDA-approved epinephrine delivery device auto-injector for any
230
and all liability with respect to the student’s use of an FDA
231
approved epinephrine delivery device auto-injector pursuant to
232
this paragraph.
233
2. A public school may purchase a supply of FDA-approved
234
epinephrine delivery devices auto-injectors from a wholesale
235
distributor as defined in s. 499.003 or may enter into an
236
arrangement with a wholesale distributor or manufacturer as
237
defined in s. 499.003 for the FDA-approved epinephrine delivery
238
devices auto-injectors at fair-market, free, or reduced prices
239
for use in the event a student has an anaphylactic reaction. The
240
FDA-approved epinephrine delivery devices auto-injectors must be
241
maintained in a secure location on the public school’s premises.
242
The participating school district shall adopt a protocol
243
developed by a licensed physician for the administration by
244
school personnel who are trained to recognize an anaphylactic
245
reaction and to administer an epinephrine by an FDA-approved
246
delivery device auto-injection . The supply of FDA-approved
247
epinephrine delivery devices auto-injectors may be provided to
248
and used by a student authorized to self-administer epinephrine
249
by FDA-approved delivery device auto-injector under subparagraph
250
1. or trained school personnel.
251
3. The school district and its employees, agents, and the
252
physician who provides the standing protocol for school FDA
253
approved epinephrine delivery devices auto-injectors are not
254
liable for any injury arising from the use of such an
255
epinephrine delivery device auto-injector administered by
256
trained school personnel who follow the adopted protocol and
257
whose professional opinion is that the student is having an
258
anaphylactic reaction:
259
a. Unless the trained school personnel’s action is willful
260
and wanton;
261
b. Notwithstanding that the parents or guardians of the
262
student to whom the epinephrine is administered have not been
263
provided notice or have not signed a statement acknowledging
264
that the school district is not liable; and
265
c. Regardless of whether authorization has been given by
266
the student’s parents or guardians or by the student’s
267
physician, physician assistant, or advanced practice registered
268
nurse.
269
Section 3. Subsection (17) of section 1002.42, Florida
270
Statutes, is amended to read:
271
1002.42 Private schools.—
272
(17) EPINEPHRINE SUPPLY.—
273
(a) A private school may purchase a supply of FDA-approved
274
epinephrine delivery devices auto-injectors from a wholesale
275
distributor as defined in s. 499.003 or may enter into an
276
arrangement with a wholesale distributor or manufacturer as
277
defined in s. 499.003 for the FDA-approved epinephrine delivery
278
devices auto-injectors at fair-market, free, or reduced prices
279
for use in the event a student has an anaphylactic reaction. The
280
FDA-approved epinephrine delivery devices auto-injectors must be
281
maintained in a secure location on the private school’s
282
premises. The participating private school shall adopt a
283
protocol developed by a licensed physician for the
284
administration by private school personnel who are trained to
285
recognize an anaphylactic reaction and to administer epinephrine
286
by an FDA-approved epinephrine delivery device auto-injection .
287
The supply of FDA-approved epinephrine delivery devices auto
288
injectors may be provided to and used by a student authorized to
289
self-administer epinephrine by an FDA-approved delivery device
290
auto-injector under s. 1002.20(3)(i) or trained school
291
personnel.
292
(b) The private school and its employees, agents, and the
293
physician who provides the standing protocol for school FDA
294
approved epinephrine delivery devices auto-injectors are not
295
liable for any injury arising from the use of an FDA-approved
296
epinephrine delivery device auto-injector administered by
297
trained school personnel who follow the adopted protocol and
298
whose professional opinion is that the student is having an
299
anaphylactic reaction:
300
1. Unless the trained school personnel’s action is willful
301
and wanton;
302
2. Notwithstanding that the parents or guardians of the
303
student to whom the epinephrine is administered have not been
304
provided notice or have not signed a statement acknowledging
305
that the school district is not liable; and
306
3. Regardless of whether authorization has been given by
307
the student’s parents or guardians or by the student’s
308
physician, physician assistant, or advanced practice registered
309
nurse.
310
Section 4. Paragraph (i) of subsection (1) of section
311
1002.421, Florida Statutes, is amended to read:
312
1002.421 State school choice scholarship program
313
accountability and oversight.—
314
(1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
315
school participating in an educational scholarship program
316
established pursuant to this chapter must be a private school as
317
defined in s. 1002.01 in this state, be registered, and be in
318
compliance with all requirements of this section in addition to
319
private school requirements outlined in s. 1002.42, specific
320
requirements identified within respective scholarship program
321
laws, and other provisions of Florida law that apply to private
322
schools, and must:
323
(i) Maintain a physical location in the state at which each
324
student has regular and direct contact with teachers. Regular
325
and direct contact with teachers may be satisfied for students
326
enrolled in a personalized education program or for students
327
eligible for a scholarship under s. 1002.394(3)(b) if students
328
have regular and direct contact with teachers at the physical
329
location at least 2 school days per week and the student
330
learning plan addresses the remaining instructional time.
332
The department shall suspend the payment of funds to a private
333
school that knowingly fails to comply with this subsection, and
334
shall prohibit the school from enrolling new scholarship
335
students, for 1 fiscal year and until the school complies. If a
336
private school fails to meet the requirements of this subsection
337
or has consecutive years of material exceptions listed in the
338
report required under paragraph (q), the commissioner may
339
determine that the private school is ineligible to participate
340
in a scholarship program.
341
Section 5. Subsection (6) of section 1002.55, Florida
342
Statutes, is amended to read:
343
1002.55 School-year prekindergarten program delivered by
344
private prekindergarten providers.—
345
(6) Each early learning coalition must verify that each
346
private prekindergarten provider delivering the Voluntary
347
Prekindergarten Education Program within the coalition’s county
348
or multicounty region complies with this part. If a private
349
prekindergarten provider fails or refuses to comply with this
350
part or engages in misconduct, the department shall require the
351
early learning coalition to remove the provider from eligibility
352
to deliver the program and receive state funds under this part
353
for a period of at least 2 program years but no more than 5
354
years .
355
Section 6. Paragraph (b) of subsection (10) of section
356
1002.61, Florida Statutes, is amended to read:
357
1002.61 Summer prekindergarten program delivered by public
358
schools and private prekindergarten providers.—
359
(10)
360
(b) If a private prekindergarten provider or public school
361
fails or refuses to comply with this part or engages in
362
misconduct, the department shall require the early learning
363
coalition to remove the provider and require the school district
364
to remove the school from eligibility to deliver the Voluntary
365
Prekindergarten Education Program and receive state funds under
366
this part for a period of at least 2 program years but no more
367
than 5 years .
368
Section 7. Paragraph (b) of subsection (9) of section
369
1002.63, Florida Statutes, is amended to read:
370
1002.63 School-year prekindergarten program delivered by
371
public schools.—
372
(9)
373
(b) If a public school fails or refuses to comply with this
374
part or engages in misconduct, the department shall require the
375
school district to remove the school from eligibility to deliver
376
the Voluntary Prekindergarten Education Program and receive
377
state funds under this part for a period of at least 2 program
378
years but no more than 5 years .
379
Section 8. Subsection (3), paragraph (e) of subsection (4),
380
paragraphs (a), (c), and (d) of subsection (5), and paragraph
381
(e) of subsection (6) of section 1002.68, Florida Statutes, are
382
amended to read:
383
1002.68 Voluntary Prekindergarten Education Program
384
accountability.—
385
(3)(a) For the 2020-2021 program year, the department shall
386
calculate a kindergarten readiness rate for each private
387
prekindergarten provider and public school participating in the
388
Voluntary Prekindergarten Education Program based upon learning
389
gains and the percentage of students assessed as ready for
390
kindergarten. The department shall require that each school
391
district administer the statewide kindergarten screening in use
392
before the 2021-2022 school year to each kindergarten student in
393
the school district within the first 30 school days of the 2021
394
2022 school year. Private schools may administer the statewide
395
kindergarten screening to each kindergarten student in a private
396
school who was enrolled in the Voluntary Prekindergarten
397
Education Program. Learning gains shall be determined using a
398
value-added measure based on growth demonstrated by the results
399
of the preassessment and postassessment in use before the 2021
400
2022 program year. However, a provider may not be newly placed
401
on probationary status under this paragraph. A provider
402
currently on probationary status may only be removed from such
403
status if the provider earns the minimum rate, determined
404
pursuant to subsection (5). The methodology for calculating a
405
provider’s readiness rate may not include students who are not
406
administered the statewide kindergarten screening.
407
(b) For the 2021-2022 program year, kindergarten screening
408
results may not be used in the calculation of readiness rates.
409
Any private prekindergarten provider or public school
410
participating in the Voluntary Prekindergarten Education Program
411
which fails to meet the minimum kindergarten readiness rate for
412
the 2021-2022 program year is subject to the probation
413
requirements of subsection (5).
414
(3) (4)
415
(e) Subject to an appropriation, the department shall
416
provide for a differential payment to a private prekindergarten
417
provider and public school based on the provider’s designation.
418
The maximum differential payment may not exceed a total of 15
419
percent of the base student allocation per full-time equivalent
420
student under s. 1002.71 attending in the consecutive program
421
year for that program. A private prekindergarten provider or
422
public school may not receive a differential payment if it
423
receives a designation of “proficient” or lower. Before the
424
adoption of the methodology, the department shall confer with
425
the Council for Early Grade Success under s. 1008.2125 before
426
receiving approval from the State Board of Education for the
427
final recommendations on the designation system and differential
428
payments.
429
(4)(a) (5)(a) If a public school’s or private
430
prekindergarten provider’s program assessment composite score
431
for its prekindergarten classrooms fails to meet the minimum
432
program assessment composite score for contracting adopted in
433
rule by the department, the private prekindergarten provider or
434
public school may not participate in the Voluntary
435
Prekindergarten Education Program beginning in the consecutive
436
program year for a period of 2 program years and thereafter
437
until the public school or private prekindergarten provider
438
meets the minimum composite score for contracting . A public
439
school or private prekindergarten provider may request one
440
program assessment per program year in order to requalify for
441
participation in the Voluntary Prekindergarten Education
442
Program, provided that the public school or private
443
prekindergarten provider is not excluded from participation
444
under ss. 1002.55(6), 1002.61(10)(b), 1002.63(9)(b), or
445
paragraph (b) (5)(b) of this section . If a public school or
446
private prekindergarten provider would like an additional
447
program assessment completed within the same program year, the
448
public school or private prekindergarten provider shall be
449
responsible for the cost of the program assessment.
450
(c) A private prekindergarten provider or public school
451
that is placed on probation must continue the corrective actions
452
required under paragraph (b) until the provider or school meets
453
the minimum performance metric or designation adopted by the
454
department. Failure to meet the requirements of subparagraphs
455
(b)1. and 3. shall result in the termination of the provider’s
456
or school’s contract to deliver the Voluntary Prekindergarten
457
Education Program for a period of at least 2 program years but
458
no more than 5 years .
459
(d) If a private prekindergarten provider or public school
460
remains on probation for 2 consecutive years and fails to meet
461
the minimum performance metric or designation, or is not granted
462
a good cause exemption by the department, the department shall
463
require the early learning coalition to revoke the provider’s
464
eligibility and the school district to revoke the school’s
465
eligibility to deliver the Voluntary Prekindergarten Education
466
Program and receive state funds for the program for a period of
467
at least 2 program years but no more than 5 years .
468
(5) (6)
469
(e) A private prekindergarten provider or public school
470
granted a good cause exemption shall continue to implement its
471
improvement plan and continue the corrective actions required
472
under paragraph (4)(b) (5)(b) until the provider or school meets
473
the minimum performance metric.
474
Section 9. Paragraph (m) of subsection (2) of section
475
1002.82, Florida Statutes, is amended to read:
476
1002.82 Department of Education; powers and duties.—
477
(2) The department shall:
478
(m) Provide technical support to an early learning
479
coalition to facilitate the use of a standard statewide provider
480
contract adopted by the department to be used with each school
481
readiness program provider, with standardized attachments by
482
provider type. The department shall publish a copy of the
483
standard statewide provider contract on its website. The
484
standard statewide contract shall include, at a minimum,
485
contracted slots, if applicable, in accordance with the Child
486
Care and Development Block Grant Act of 2014, 45 C.F.R. parts 98
487
and 99; quality improvement strategies, if applicable; program
488
assessment requirements; and provisions for provider probation,
489
termination for cause, and emergency termination for those
490
actions or inactions of a provider that pose an immediate and
491
serious danger to the health, safety, or welfare of the
492
children. The standard statewide provider contract shall also
493
include appropriate due process procedures. During the pendency
494
of an appeal of a termination, the provider may not continue to
495
offer its services. Any provision imposed upon a provider that
496
is inconsistent with, or prohibited by, law is void and
497
unenforceable. Provisions for termination for cause must also
498
include failure to meet the minimum quality measures established
499
under paragraph (n) for a period of 2 up to 5 years, unless the
500
coalition determines that the provider is essential to meeting
501
capacity needs based on the assessment under s. 1002.85(2)(i)
502
and the provider has an active improvement plan pursuant to
503
paragraph (n).
504
Section 10. Paragraph (a) of subsection (2) of section
505
1002.88, Florida Statutes, is amended to read:
506
1002.88 School readiness program provider standards;
507
eligibility to deliver the school readiness program.—
508
(2)(a) If a school readiness program provider fails or
509
refuses to comply with this part or any contractual obligation
510
of the statewide provider contract under s. 1002.82(2)(m), the
511
coalition may revoke the provider’s eligibility to deliver the
512
school readiness program or receive state or federal funds under
513
this chapter for a period of 2 fiscal 5 years.
514
Section 11. Subsection (5) of section 1002.91, Florida
515
Statutes, is amended to read:
516
1002.91 Investigations of fraud or overpayment; penalties.—
517
(5) If a school readiness program provider or a Voluntary
518
Prekindergarten Education Program provider, or an owner,
519
officer, or director thereof, is convicted of, found guilty of,
520
or pleads guilty or nolo contendere to, regardless of
521
adjudication, public assistance fraud pursuant to s. 414.39, or
522
is acting as the beneficial owner for someone who has been
523
convicted of, found guilty of, or pleads guilty or nolo
524
contendere to, regardless of adjudication, public assistance
525
fraud pursuant to s. 414.39, the early learning coalition shall
526
refrain from contracting with, or using the services of, that
527
provider for a period of 2 fiscal 5 years. In addition, the
528
coalition must shall refrain from contracting with, or using the
529
services of, any provider that shares an officer or director
530
with a provider that is convicted of, found guilty of, or pleads
531
guilty or nolo contendere to, regardless of adjudication, public
532
assistance fraud pursuant to s. 414.39 for a period of 2 5
533
years.
534
Section 12. Paragraph (b) of subsection (3) and paragraphs
535
(a) and (d) of subsection (4) of section 1002.945, Florida
536
Statutes, are amended to read:
537
1002.945 Gold Seal Quality Care Program.—
538
(3)
539
(b) The Department of Education shall establish a process
540
that verifies that the accrediting association meets the
541
provisions of paragraph (a), which must include an auditing
542
program and any other procedures that may reasonably determine
543
an accrediting association’s compliance with this section. If an
544
accrediting association is not in compliance and fails to cure
545
its deficiencies within 30 days, the department shall recommend
546
to the state board termination of the accrediting association’s
547
participation as an accrediting association in the program for a
548
period of at least 2 years but no more than 5 years . If an
549
accrediting association is removed from being an approved
550
accrediting association, each child care provider accredited by
551
that association shall have up to 1 year to obtain a new
552
accreditation from a department-approved accreditation
553
association.
554
(4) In order to obtain and maintain a designation as a Gold
555
Seal Quality Care provider, a child care facility, large family
556
child care home, or family day care home must meet the following
557
additional criteria:
558
(a) The child care provider must not have had any class I
559
violations, as defined by rule of the Department of Children and
560
Families, for which the Department of Children and Families
561
determines that the child care provider is the primary cause of
562
the violation within the 2 years preceding its application for
563
designation as a Gold Seal Quality Care provider. Commission of
564
a class I violation for which the Department of Children and
565
Families determines that the child care provider is the primary
566
cause of the violation shall be grounds for termination of the
567
designation as a Gold Seal Quality Care provider until the
568
provider has no class I violations for a period of 2 years.
569
(d) Notwithstanding paragraph (a), if the Department of
570
Education determines through a formal process that a provider
571
has been in business for at least 5 years and has no other class
572
I violations recorded, the department may recommend to the state
573
board that the provider maintain its Gold Seal Quality Care
574
status. The state board’s determination regarding such
575
provider’s status is final.
576
Section 13. Subsections (1), (2), and (5) of section
577
1003.42, Florida Statutes, are amended to read:
578
1003.42 Required instruction.—
579
(1)(a) Each district school board shall provide all courses
580
required for middle grades promotion, high school graduation,
581
and appropriate instruction designed to ensure that students
582
meet State Board of Education adopted standards in the following
583
subject areas: reading and other language arts, mathematics,
584
science, social studies, foreign languages, health and physical
585
education, and the arts. The state board must remove a middle
586
grades course in the Course Code Directory that does not fully
587
integrate all appropriate curricular content required by s.
588
1003.41 and may approve a new course only if it meets the
589
required curricular content.
590
(b) All materials used to teach reproductive health or any
591
disease, including HIV/AIDS, its symptoms, development, and
592
treatment, as part of the courses referenced in subsection (5),
593
must be approved by the department.
594
(2) Members of the instructional staff of the public
595
schools, subject to the rules of the State Board of Education
596
and the district school board, shall teach efficiently and
597
faithfully, using the books and materials required that meet the
598
highest standards for professionalism and historical accuracy,
599
following the prescribed courses of study, and employing
600
approved methods of instruction, the following:
601
(a) The history and content of the Declaration of
602
Independence, including national sovereignty, natural law, self
603
evident truth, equality of all persons, limited government,
604
popular sovereignty, and inalienable rights of life, liberty,
605
and property, and how they form the philosophical foundation of
606
our government.
607
(b) The history, meaning, significance, and effect of the
608
provisions of the Constitution of the United States and
609
amendments thereto, with emphasis on each of the 10 amendments
610
that make up the Bill of Rights and how the constitution
611
provides the structure of our government.
612
(c) The arguments in support of adopting our republican
613
form of government, as they are embodied in the most important
614
of the Federalist Papers.
615
(d) Flag education, including proper flag display and flag
616
salute.
617
(e) The elements of civil government, including the primary
618
functions of and interrelationships between the Federal
619
Government, the state, and its counties, municipalities, school
620
districts, and special districts.
621
(f) The history of the United States, including the period
622
of discovery, early colonies, the War for Independence, the
623
Civil War, the expansion of the United States to its present
624
boundaries, the world wars, and the civil rights movement to the
625
present. American history shall be viewed as factual, not as
626
constructed, shall be viewed as knowable, teachable, and
627
testable, and shall be defined as the creation of a new nation
628
based largely on the universal principles stated in the
629
Declaration of Independence.
630
(g)1. The history of the Holocaust (1933-1945), the
631
systematic, planned annihilation of European Jews and other
632
groups by Nazi Germany, a watershed event in the history of
633
humanity, to be taught in a manner that leads to an
634
investigation of human behavior, an understanding of the
635
ramifications of prejudice, racism, and stereotyping, and an
636
examination of what it means to be a responsible and respectful
637
person, for the purposes of encouraging tolerance of diversity
638
in a pluralistic society and for nurturing and protecting
639
democratic values and institutions, including the policy,
640
definition, and historical and current examples of antisemitism,
641
as described in s. 1000.05(8), and the prevention of
642
antisemitism. Each school district must annually certify and
643
provide evidence to the department, in a manner prescribed by
644
the department, that the requirements of this paragraph are met.
645
The department shall prepare and offer standards and curriculum
646
for the instruction required by this paragraph and may seek
647
input from the Commissioner of Education’s Task Force on
648
Holocaust Education or from any state or nationally recognized
649
Holocaust educational organizations. The department may contract
650
with any state or nationally recognized Holocaust educational
651
organizations to develop training for instructional personnel
652
and grade-appropriate classroom resources to support the
653
developed curriculum.
654
2. The second week in November shall be designated as
655
“Holocaust Education Week” in this state in recognition that
656
November is the anniversary of Kristallnacht, widely recognized
657
as a precipitating event that led to the Holocaust.
658
(h) The history of African Americans, including the history
659
of African peoples before the political conflicts that led to
660
the development of slavery, the passage to America, the
661
enslavement experience, abolition, and the history and
662
contributions of Americans of the African diaspora to society.
663
Students shall develop an understanding of the ramifications of
664
prejudice, racism, and stereotyping on individual freedoms, and
665
examine what it means to be a responsible and respectful person,
666
for the purpose of encouraging tolerance of diversity in a
667
pluralistic society and for nurturing and protecting democratic
668
values and institutions. Instruction shall include the roles and
669
contributions of individuals from all walks of life and their
670
endeavors to learn and thrive throughout history as artists,
671
scientists, educators, businesspeople, influential thinkers,
672
members of the faith community, and political and governmental
673
leaders and the courageous steps they took to fulfill the
674
promise of democracy and unite the nation. Instructional
675
materials shall include the vital contributions of African
676
Americans to build and strengthen American society and celebrate
677
the inspirational stories of African Americans who prospered,
678
even in the most difficult circumstances. Instructional
679
personnel may facilitate discussions and use curricula to
680
address, in an age-appropriate manner, how the individual
681
freedoms of persons have been infringed by slavery, racial
682
oppression, racial segregation, and racial discrimination, as
683
well as topics relating to the enactment and enforcement of laws
684
resulting in racial oppression, racial segregation, and racial
685
discrimination and how recognition of these freedoms has
686
overturned these unjust laws. However, classroom instruction and
687
curriculum may not be used to indoctrinate or persuade students
688
to a particular point of view inconsistent with the principles
689
enumerated in subsection (3) or the state academic standards.
690
Each school district must annually certify and provide evidence
691
to the department, in a manner prescribed by the department,
692
that the requirements of this paragraph are met. The department
693
shall prepare and offer standards and curriculum for the
694
instruction required by this paragraph and may seek input from
695
the Commissioner of Education’s African American History Task
696
Force or from any state or nationally recognized African
697
American educational organizations. The department may contract
698
with any state or nationally recognized African-American
699
educational organizations to develop training for instructional
700
personnel and grade-appropriate classroom resources to support
701
the developed curriculum.
702
(i) The history of Asian Americans and Pacific Islanders,
703
including the history of Japanese internment camps and the
704
incarceration of Japanese-Americans during World War II; the
705
immigration, citizenship, civil rights, identity, and culture of
706
Asian Americans and Pacific Islanders; and the contributions of
707
Asian Americans and Pacific Islanders to American society.
708
Instructional materials shall include the contributions of Asian
709
Americans and Pacific Islanders to American society.
710
(j) The elementary principles of agriculture.
711
(k) The true effects of all alcoholic and intoxicating
712
liquors and beverages and narcotics upon the human body and
713
mind.
714
(l) Kindness to animals.
715
(m) The history of the state.
716
(n) The conservation of natural resources.
717
(o) Comprehensive age-appropriate and developmentally
718
appropriate K-12 instruction on:
719
1. Health education that addresses concepts of community
720
health, consumer health, environmental health, and family life,
721
including:
722
a. Injury prevention and safety.
723
b. Internet safety.
724
c. Nutrition.
725
d. Personal health.
726
e. Prevention and control of disease.
727
f. Substance use and abuse.
728
g. Prevention of child sexual abuse, exploitation, and
729
human trafficking.
730
h. Human embryologic and fetal development.
731
2. For students in grades 7 through 12, teen dating
732
violence and abuse. This component must include, but not be
733
limited to, the definition of dating violence and abuse, the
734
warning signs of dating violence and abusive behavior, the
735
characteristics of healthy relationships, measures to prevent
736
and stop dating violence and abuse, and community resources
737
available to victims of dating violence and abuse.
738
3. For students in grades 6 through 12, awareness of the
739
benefits of sexual abstinence as the expected standard and the
740
consequences of teenage pregnancy.
741
4. Life skills that build confidence, support mental and
742
emotional health, and enable students to overcome challenges,
743
including:
744
a. Self-awareness and self-management.
745
b. Responsible decisionmaking.
746
c. Resiliency.
747
d. Relationship skills and conflict resolution.
748
e. Understanding and respecting other viewpoints and
749
backgrounds.
750
f. For grades 9 through 12, developing leadership skills,
751
interpersonal skills, organization skills, and research skills;
752
creating a résumé, including a digital résumé; exploring career
753
pathways; using state career planning resources; developing and
754
practicing the skills necessary for employment interviews;
755
workplace ethics and workplace law; managing stress and
756
expectations; and self-motivation.
757
5.a. For students in grades 6 through 12, the social,
758
emotional, and physical effects of social media. This component
759
must include, but need not be limited to, the negative effects
760
of social media on mental health, including addiction; the
761
distribution of misinformation on social media; how social media
762
manipulates behavior; the permanency of sharing materials
763
online; how to maintain personal security and identify
764
cyberbullying, predatory behavior, and human trafficking on the
765
Internet; and how to report suspicious behavior encountered on
766
the Internet.
767
b. The Department of Education shall make available online
768
the instructional material being used pursuant to this
769
subparagraph, and each district school board shall notify
770
parents of its availability.
771
6. For students in grades 6 through 12, health education
772
addressing human embryologic and fetal development, including:
773
a. A high-definition ultrasound video, at least 1 minute in
774
duration, showing the development of the heart and other organs
775
and movement of the limbs and head; and
776
b. A high-quality, computer-generated rendering, animation,
777
video, or other multimedia, at least 3 minutes in duration,
778
showing and describing the process of fertilization and various
779
stages of human development inside the uterus, noting
780
significant markers in cell growth and organ development, by
781
week, from conception until birth.
783
Health education and life skills instruction and materials may
784
not contradict the principles enumerated in subsection (3).
785
(p) Such additional materials, subjects, courses, or fields
786
in such grades as are prescribed by law or by rules of the State
787
Board of Education and the district school board in fulfilling
788
the requirements of law.
789
(q) The study of Hispanic contributions to the United
790
States.
791
(r) The study of women’s contributions to the United
792
States.
793
(s) The nature and importance of free enterprise to the
794
United States economy.
795
(t) Civic and character education on the qualities and
796
responsibilities of patriotism and citizenship, including
797
kindness; respect for authority, life, liberty, and personal
798
property; honesty; charity; racial, ethnic, and religious
799
tolerance; and cooperation and, for grades 11 and 12, voting
800
using the uniform primary and general election ballot described
801
in s. 101.151(9).
802
(u)1. In order to encourage patriotism, the sacrifices that
803
Medal of Honor recipients have made in serving our country and
804
protecting democratic values worldwide. Such instruction must
805
occur on or before Medal of Honor Day. Members of the
806
instructional staff are encouraged to use the assistance of
807
local veterans and Medal of Honor recipients when practicable.
808
2. The history and importance of Veterans’ Day and Memorial
809
Day. Such instruction may include two 45-minute lessons that
810
occur on or before the respective holidays.
811
(v)1. Beginning in the 2026-2027 school year, the history
812
of communism. Such instruction must be age appropriate and
813
developmentally appropriate and include:
814
a. The history of communism in the United States and
815
domestic communist movements, including their histories and
816
tactics.
817
b. Atrocities committed in foreign countries under the
818
guidance of communism.
819
c. Comparative discussion of political ideologies, such as
820
communism and totalitarianism, which conflict with the
821
principles of freedom and democracy essential to the founding
822
principles of the United States.
823
d. The increasing threat of communism in the United States
824
and to our allies through the 20th century, including the events
825
of the Cultural Revolution in the People’s Republic of China and
826
other mass killings from communist regimes.
827
e. The economic, industrial, and political events that have
828
preceded and anticipated communist revolutions.
829
f. The communist policies of Cuba and the spread of
830
communist ideologies throughout Latin America, including the
831
roots of the Communist Party of Cuba and guerrilla forces
832
throughout Latin America.
833
2. The department shall prepare and offer standards for the
834
instruction required by this paragraph and may seek input from
835
any individual who was a victim of communism or any state or
836
nationally recognized organization dedicated to the victims of
837
communism.
839
The State Board of Education is encouraged to adopt standards
840
and pursue assessment of the requirements of this subsection.
841
Instructional programming that incorporates the values of the
842
recipients of the Congressional Medal of Honor and that is
843
offered as part of a social studies, English Language Arts, or
844
other schoolwide character building and veteran awareness
845
initiative meets the requirements of paragraph (u). The State
846
Board of Education may adopt rules to implement the provisions
847
of this section regarding health education addressing human
848
embryologic and fetal development.
849
(5) A school district, or a school as defined in s.
850
1003.01, must notify parents and guardians and obtain written
851
consent of a parent or guardian before providing his or her
852
student with instruction on HIV/AIDS and its symptoms,
853
development, and treatment. A student may not participate in
854
such instruction without the prior written consent of his or her
855
parent or guardian. A student whose parent or guardian does not
856
provide such written consent may not be penalized Any student
857
whose parent makes written request to the school principal shall
858
be exempted from the teaching of reproductive health or any
859
disease, including HIV/AIDS, its symptoms, development, and
860
treatment. A student so exempted may not be penalized by reason
861
of that exemption . Course descriptions for comprehensive health
862
education shall not interfere with the local determination of
863
appropriate curriculum that which reflects local values and
864
concerns. Each school district shall, on the district’s website
865
homepage, notify parents of this right and the process to
866
provide or withhold consent request an exemption . The home page
867
must include a link for a student’s parent to access and review
868
the instructional materials, as defined in s. 1006.29(2), used
869
to teach the curriculum.
870
Section 14. Section 1003.4202, Florida Statutes, is created
871
to read:
872
1003.4202 Comprehensive system of mathematics instruction.—
873
(1) Each school district must implement a system of
874
comprehensive mathematics instruction for students enrolled in
875
prekindergarten through grade 12 and students who exhibit a
876
substantial deficiency in early mathematics skills under s.
877
1008.25(6).
878
(2) Each school district must develop, and submit to the
879
district school board for approval, a detailed mathematics
880
instruction plan that outlines the components of the district’s
881
comprehensive system of mathematics instruction. The plan must
882
include all district schools, including charter schools, unless
883
a charter school elects to submit a plan independently from the
884
school district. A charter school plan must comply with this
885
section and must be approved by the charter school’s governing
886
body and provided to the charter school’s sponsor.
887
(3) Components of the mathematics instruction plan may
888
include the following:
889
(a) Additional time per day of evidence-based intensive
890
mathematics instruction for kindergarten through grade 12
891
students which may be delivered during or outside of the regular
892
school day.
893
(b) Highly qualified mathematics coaches who hold a grades
894
5-9 mathematics certification or a grades 6-12 mathematics
895
certification and have 3 consecutive years of a highly effective
896
district evaluation, pursuant to s. 1012.34, to support
897
classroom teachers in making instructional decisions based on
898
progress monitoring data collected pursuant to s. 1008.25(8) and
899
improve classroom teacher delivery of effective mathematics
900
instruction and mathematics intervention.
901
(c) Tutoring in mathematics.
902
(4) Each school district shall submit its approved
903
mathematics instruction plan, including approved mathematics
904
instruction plans for each charter school in the district, to
905
the school board or charter school governing board by August 1
906
of each fiscal year.
907
(5) For purposes of this section, the term “evidence-based”
908
means demonstrating a statistically significant effect on
909
improving student outcomes or other relevant outcomes as
910
provided in 20 U.S.C. s. 8101(21)(A)(i).
911
Section 15. Subsection (1) of section 1003.46, Florida
912
Statutes, is amended to read:
913
1003.46 Health education; instruction in acquired immune
914
deficiency syndrome.—
915
(1) Each district school board may provide instruction in
916
acquired immune deficiency syndrome education as a specific area
917
of health education. Such instruction may include, but is not
918
limited to, the known modes of transmission, signs and symptoms,
919
risk factors associated with acquired immune deficiency
920
syndrome, and means used to control the spread of acquired
921
immune deficiency syndrome. The instruction shall be appropriate
922
for the grade and age of the student and shall reflect current
923
theory, knowledge, and practice regarding acquired immune
924
deficiency syndrome and its prevention. The district school
925
board must obtain written consent from a student’s parent or
926
guardian before the student receives instruction.
927
Section 16. Paragraph (f) of subsection (6) of section
928
1006.07, Florida Statutes, is amended to read:
929
1006.07 District school board duties relating to student
930
discipline and school safety.—The district school board shall
931
provide for the proper accounting for all students, for the
932
attendance and control of students at school, and for proper
933
attention to health, safety, and other matters relating to the
934
welfare of students, including:
935
(6) SAFETY AND SECURITY BEST PRACTICES.—Each district
936
school superintendent shall establish policies and procedures
937
for the prevention of violence on school grounds, including the
938
assessment of and intervention with individuals whose behavior
939
poses a threat to the safety of the school community.
940
(f) School safety requirements.—Each school district and
941
charter school governing board shall comply with the following
942
school safety requirements, which apply from 30 minutes before
943
the school start time until 30 minutes after the end of the
944
school day:
945
1. All gates or other access points that restrict ingress
946
to or egress from the exclusive zone of a school campus shall
947
remain closed and locked when students are on campus. For the
948
purposes of this section, the term “exclusive zone” means the
949
area within a gate or door allowing access to the interior
950
perimeter of a school campus beyond a single point of entry. A
951
gate or access point to the exclusive zone may only be open or
952
unlocked if one of the following conditions is met:
953
a. It is attended or actively staffed when students are on
954
campus;
955
b. The use complies with a shared use agreement pursuant to
956
s. 1013.101;
957
c. Another closed and locked gate or access point separates
958
the open or unlocked gate from areas occupied by students; or
959
d. The school safety specialist, or his or her designee,
960
has documented in the Florida Safe Schools Assessment Tool
961
portal maintained by the Office of Safe Schools that the gate or
962
other access point is not subject to this requirement based upon
963
other safety measures at the school. The office may conduct a
964
compliance visit pursuant to s. 1001.212(13) to review if such
965
determination is appropriate.
967
This subparagraph does not apply to the nonexclusive zone of a
968
school campus. The term “nonexclusive zone” means the area
969
outside of the exclusive zone but contained on school property.
970
Nonexclusive zones may include, but are not limited to, such
971
spaces as parking lots, athletic fields and stadiums, mechanical
972
buildings, playgrounds, bus ramps, agricultural spaces, and
973
other areas that do not give direct, unimpeded access to the
974
exclusive zone.
975
2.a. All school classrooms and other instructional spaces
976
must be locked to prevent ingress when occupied by students,
977
except between class periods when students are moving between
978
classrooms or other instructional spaces. If a classroom or
979
other instructional space door must be left unlocked or open for
980
any reason other than between class periods when students are
981
moving between classrooms or other instructional spaces, the
982
door must be actively staffed by a person standing or seated at
983
the door. All school classrooms and other instructional spaces
984
with a permanently installed door lock may also use temporary
985
door locks during an active assailant incident. The temporary
986
door lock must be able to be engaged or removed without opening
987
the door; must be easily removed in a single operation from the
988
egress side of the door without the use of a key and from the
989
ingress side of the door with the use of a key or other
990
credential; may be installed at any height; must otherwise be in
991
compliance with the Florida Fire Prevention Code; and must be
992
integrated into the active assailant response plan.
993
b. Instructional spaces for career and technical education
994
which are designed as open areas for which compliance with the
995
requirements of sub-subparagraph a. affects the health and
996
safety of students may be exempted from compliance with that
997
sub-subparagraph by the school safety specialist. To be exempt,
998
the school safety specialist, or his or her designee, must
999
document in the Florida Safe Schools Assessment Tool portal
1000
maintained by the Office of Safe Schools that the instructional
1001
space is exempt from these requirements due to negative impacts
1002
to student health and safety and the presence of other safety
1003
measures at the school that prevent egress from the
1004
instructional space to hallways or other classrooms or
1005
instructional spaces.
1006
c. Common areas on a school campus, including, but not
1007
limited to, cafeterias, auditoriums, and media centers, which
1008
are used for instructional time or student testing must meet the
1009
requirements of sub-subparagraph a. only when such areas are
1010
being used for instructional time or student testing.
1011
3. For schools that do not have a secure exclusive zone,
1012
all campus access doors, gates, and other access points that
1013
allow ingress to or egress from a school building shall remain
1014
closed and locked at all times to prevent ingress, unless:
1015
a. A person is actively entering or exiting the door, gate,
1016
or other access point;
1017
b. The door, gate, or access point is actively staffed by
1018
school personnel to prevent unauthorized entry; or
1019
c. The school safety specialist, or his or her designee,
1020
has documented in the Florida Safe Schools Assessment Tool
1021
portal maintained by the Office of Safe Schools that the open
1022
and unlocked door, gate, or other access point is not subject to
1023
this requirement based upon other safety measures at the school.
1024
There must be at least one locked barrier between classrooms and
1025
instructional spaces and open school campus.
1027
The office may conduct a compliance visit pursuant to s.
1028
1001.212(13) to review if such determination is appropriate. All
1029
campus access doors, gates, and other access points may be
1030
electronically or manually controlled by school personnel to
1031
allow access by authorized visitors, students, and school
1032
personnel.
1033
4. All school classrooms and other instructional spaces
1034
must clearly and conspicuously mark the safest areas in each
1035
classroom or other instructional space where students must
1036
shelter in place during an emergency. Students must be notified
1037
of these safe areas within the first 10 days of the school year.
1038
If it is not feasible to clearly and conspicuously mark the
1039
safest areas in a classroom or other instructional space, the
1040
school safety specialist, or his or her designee, must document
1041
such determination in the Florida Safe Schools Assessment Tool
1042
portal maintained by the Office of Safe Schools, identifying
1043
where affected students must shelter in place. The office shall
1044
assist the school safety specialist with compliance during the
1045
inspection required under s. 1001.212(13).
1047
Persons who are aware of a violation of this paragraph must
1048
report the violation to the school principal. The school
1049
principal must report the violation to the school safety
1050
specialist no later than the next business day after receiving
1051
such report. If the person who violated this paragraph is the
1052
school principal or charter school administrator, the report
1053
must be made directly to the district school superintendent or
1054
charter school governing board, as applicable.
1055
Section 17. Present subsection (17) of section 1006.38,
1056
Florida Statutes, is redesignated as subsection (18), a new
1057
subsection (17) is added to that section, and subsection (15) of
1058
that section is amended, to read:
1059
1006.38 Duties, responsibilities, and requirements of
1060
instructional materials publishers and manufacturers.—This
1061
section applies to both the state and district approval
1062
processes. Publishers and manufacturers of instructional
1063
materials, or their representatives, shall:
1064
(15) Accurately and fully disclose only the names of those
1065
persons who actually authored the instructional materials. In
1066
addition to the penalties provided in subsection (18) (17) , the
1067
commissioner may remove from the list of state-adopted
1068
instructional materials those instructional materials whose
1069
publisher or manufacturer misleads the purchaser by falsely
1070
representing genuine authorship.
1071
(17) Be removed from the list of state-adopted
1072
instructional materials for a period not to exceed 5 years, if
1073
the commissioner determines that a publisher or manufacturer has
1074
violated any provision of the law relating to the content,
1075
marketing, sale, distribution, or furnishing of instructional
1076
materials, or any requirement of this part. The commissioner
1077
also may, in his or her discretion, remove that publisher’s or
1078
manufacturer’s eligibility to offer instructional materials for
1079
state adoption for a period not to exceed 5 years.
1080
(a) Before action under this subsection, the department
1081
must provide written notice identifying the alleged violation
1082
and afford the publisher or manufacturer at least 15 business
1083
days to submit a written response and any proposed corrective
1084
action. The commissioner may shorten this timeframe if student
1085
safety or an immediate violation of law is implicated.
1086
(b) As a condition of continued eligibility or
1087
reinstatement, the commissioner may require corrective actions,
1088
including revision or replacement of materials at no cost to the
1089
state or districts, training, or other remediation the
1090
department prescribes.
1091
(c) Action taken under this subsection is in addition to,
1092
and does not limit, any other remedies available under this
1093
part, including removal of materials under s. 1006.35(3) and
1094
other applicable penalties.
1095
Section 18. Subsections (1) and (5) of section 1006.39,
1096
Florida Statutes, are amended to read:
1097
1006.39 Production and dissemination of educational
1098
materials and products by department.—
1099
(1) Educational materials and products developed by or
1100
under the direction of the department, through research and
1101
development or other efforts, including those subject to
1102
copyright, patent, or trademark, shall be made available for use
1103
by school districts, teachers, students, administrators, and
1104
other appropriate persons in the state system of education at
1105
the earliest practicable date and in the most economical and
1106
efficient manner possible.
1107
(5) A school district may purchase instructional materials
1108
developed by or under the direction of the department at any
1109
time during which the state academic standards for which the
1110
materials are aligned is in effect. Such purchases may be used
1111
by a district to meet the expenditure requirements for
1112
instructional materials that must be purchased from the state
1113
adopted list as provided in s. 1006.40 The department shall not
1114
enter into the business of producing or publishing instructional
1115
materials for general use in classrooms .
1116
Section 19. Paragraph (b) of subsection (5) and paragraph
1117
(a) of subsection (9) of section 1008.25, Florida Statutes, are
1118
amended to read:
1119
1008.25 Public school student progression; student support;
1120
coordinated screening and progress monitoring; reporting
1121
requirements.—
1122
(5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
1123
(b) A Voluntary Prekindergarten Education Program student
1124
who exhibits a substantial deficiency in early literacy skills
1125
based upon the results of the administration of the midyear or
1126
final coordinated screening and progress monitoring under
1127
subsection (9) shall be referred to the local school district
1128
and may be eligible to receive instruction in early literacy
1129
skills before participating in kindergarten. A Voluntary
1130
Prekindergarten Education Program student who scores below the
1131
25th 10th percentile on the final administration of the
1132
coordinated screening and progress monitoring under subsection
1133
(9) shall be referred to the local school district and is
1134
eligible to receive early literacy skill instructional support
1135
through a summer bridge program the summer before participating
1136
in kindergarten. The summer bridge program must meet
1137
requirements adopted by the department and shall consist of 4
1138
hours of instruction per day for a minimum of 100 total hours. A
1139
student with an individual education plan who has been retained
1140
pursuant to paragraph (2)(g) and has demonstrated a substantial
1141
deficiency in early literacy skills must receive instruction in
1142
early literacy skills.
1143
(9) COORDINATED SCREENING AND PROGRESS MONITORING SYSTEM.—
1144
(a) The Department of Education, in collaboration with the
1145
Office of Early Learning, shall procure and require the use of a
1146
statewide, standardized coordinated screening and progress
1147
monitoring system for the Voluntary Prekindergarten Education
1148
Program and public schools. The system must:
1149
1. Measure student progress in meeting the appropriate
1150
expectations in early literacy and mathematics skills and in
1151
English Language Arts and mathematics standards as required by
1152
ss. 1002.67(1)(a) and 1003.41 and identify the educational
1153
strengths and needs of students.
1154
2. For students in the Voluntary Prekindergarten Education
1155
Program through grade 3, measure student performance in oral
1156
language development, phonological and phonemic awareness,
1157
knowledge of print and letters, decoding, fluency, vocabulary,
1158
and comprehension, as applicable by grade level, and, at a
1159
minimum, provide interval level and norm-referenced data that
1160
measures equivalent levels of growth.
1161
3. Be a valid, reliable, and developmentally appropriate
1162
computer-based direct instrument that provides screening and
1163
diagnostic capabilities for monitoring student progress;
1164
identifies students who have a substantial deficiency in reading
1165
or mathematics, including identifying students with
1166
characteristics of dyslexia, dyscalculia, and other learning
1167
disorders; and informs instruction. Any student identified by
1168
the system as having characteristics of dyslexia or dyscalculia
1169
shall undergo further screening. Beginning with the 2023-2024
1170
school year, the coordinated screening and progress monitoring
1171
system must be computer-adaptive.
1172
4. Provide data for Voluntary Prekindergarten Education
1173
Program accountability as required under s. 1002.68.
1174
5. Provide Voluntary Prekindergarten Education Program
1175
providers, school districts, schools, teachers, and parents with
1176
data and resources that enhance differentiated instruction and
1177
parent communication.
1178
6. Provide baseline data to the department of each
1179
student’s readiness for kindergarten. The determination of
1180
kindergarten readiness must be based on the results of each
1181
student’s initial progress monitoring assessment in
1182
kindergarten. The methodology for determining a student’s
1183
readiness for kindergarten must be developed by the department
1184
and aligned to the methodology adopted pursuant to s. 1002.68(3)
1185
s. 1002.68(4) .
1186
7. Assess how well educational goals and curricular
1187
standards are met at the provider, school, district, and state
1188
levels and provide information to the department to aid in the
1189
development of educational programs, policies, and supports for
1190
providers, districts, and schools.
1191
Section 20. Subsection (5) of section 1008.33, Florida
1192
Statutes, is amended to read:
1193
1008.33 Authority to enforce public school improvement.—
1194
(5) The Department of Education shall annually identify
1195
each public school district in need of intervention and support
1196
to improve student academic performance.
1197
(a) A school district is deemed in need of intervention and
1198
support if it has 10 percent or more district-operated schools
1199
that earn a grade of D or F under s. 1008.34.
1200
(b) A school district in need of intervention and support
1201
must annually submit a district improvement plan in a format
1202
prescribed by the department. The plan must include provisions
1203
to improve and monitor, at a minimum, instructional staffing;
1204
professional learning; fiscal and staffing resources dedicated
1205
to school improvement; student scheduling, attendance, and
1206
behavior; and the use of continuous improvement and monitoring
1207
plans and processes. The plan must be approved by the local
1208
school board and may be reviewed by the state board for approval
1209
or denial. District superintendents may be called before the
1210
state board to provide implementation updates.
1211
(c) A school district in need of intervention and support
1212
must submit to the department, as part of the implementation of
1213
the district improvement plan, at least all of the following
1214
information:
1215
1. Monthly vacancy reports for instructional personnel at
1216
schools earning a grade of D or F.
1217
2. Monthly teacher absenteeism reports for schools earning
1218
a grade of D or F.
1219
3. Monthly student absenteeism reports for schools earning
1220
a grade of D or F.
1221
4. Monthly professional learning, activities, and
1222
expenditures for instructional staff at schools earning a grade
1223
of D or F.
1224
5. Monthly professional learning, activities, and
1225
expenditures for school administrators at schools earning a
1226
grade of D or F.
1227
6. Local progress monitoring results that are not part of
1228
the statewide progress monitoring system.
1229
(d) The state board may require modifications to or revoke
1230
the district improvement plan if the district does not provide
1231
evidence of implementing the plan or submit deliverables in the
1232
prescribed format or timeframe or if the plan is not showing
1233
evidence of producing significant district-wide improvement.
1234
(e) The state board shall adopt rules pursuant to ss.
1235
120.536(1) and 120.54 to administer this section. The rules
1236
shall include timelines for submission of implementation plans,
1237
approval criteria for implementation plans, timelines for
1238
implementing intervention and support strategies, a standard
1239
charter school turnaround contract, a standard facility lease,
1240
and a mutual management agreement. The state board shall consult
1241
with education stakeholders in developing the rules.
1242
Section 21. Paragraph (b) of subsection (1), subsection
1243
(6), paragraph (b) of subsection (7), and subsection (9) of
1244
section 1012.56, Florida Statutes, are amended to read:
1245
1012.56 Educator certification requirements.—
1246
(1) APPLICATION.—Each person seeking certification pursuant
1247
to this chapter shall submit a completed application containing
1248
the applicant’s social security number to the Department of
1249
Education and remit the fee required pursuant to s. 1012.59 and
1250
rules of the State Board of Education. Pursuant to the federal
1251
Personal Responsibility and Work Opportunity Reconciliation Act
1252
of 1996, each party is required to provide his or her social
1253
security number in accordance with this section. Disclosure of
1254
social security numbers obtained through this requirement is
1255
limited to the purpose of administration of the Title IV-D
1256
program of the Social Security Act for child support
1257
enforcement.
1258
(b) The department shall issue a temporary certificate to a
1259
qualifying applicant within 14 calendar days after receipt of a
1260
request from an employer with a professional education
1261
competence demonstration program pursuant to paragraph (6)(f)
1262
and subsection (9). The temporary certificate must cover the
1263
classification, level, and area for which the applicant is
1264
deemed qualified. The department shall electronically notify the
1265
applicant’s employer that the temporary certificate has been
1266
issued and provide the applicant an official statement of status
1267
of eligibility at the time the certificate is issued.
1269
The statement of status of eligibility must be provided
1270
electronically and must advise the applicant of any
1271
qualifications that must be completed to qualify for
1272
certification. Each method by which an applicant can complete
1273
the qualifications for a professional certificate must be
1274
included in the statement of status of eligibility. Each
1275
statement of status of eligibility is valid for 5 years after
1276
its date of issuance, except as provided in paragraph (2)(d).
1277
(6) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
1278
COMPETENCE.—Acceptable means of demonstrating mastery of
1279
professional preparation and education competence are:
1280
(a) Successful completion of an approved teacher
1281
preparation program at a postsecondary educational institution
1282
within this state and achievement of a passing score on the
1283
professional education competency examination required by state
1284
board rule;
1285
(b) Successful completion of a teacher preparation program
1286
at a postsecondary educational institution outside Florida and
1287
achievement of a passing score on the professional education
1288
competency examination required by state board rule;
1289
(c) Documentation of a valid professional standard teaching
1290
certificate issued by another state;
1291
(d) Documentation of a valid certificate issued by the
1292
National Board for Professional Teaching Standards or a national
1293
educator credentialing board approved by the State Board of
1294
Education;
1295
(e) Documentation of two semesters of successful, full-time
1296
or part-time teaching in a Florida College System institution,
1297
state university, or private college or university that awards
1298
an associate or higher degree and is an accredited institution
1299
or an institution of higher education identified by the
1300
Department of Education as having a quality program and
1301
achievement of a passing score on the professional education
1302
competency examination required by state board rule;
1303
(f) Successful completion of professional preparation
1304
courses as specified in state board rule, successful completion
1305
of a professional education competence program pursuant to
1306
subsection (9), and documentation of 3 years of being rated
1307
effective or highly effective under s. 1012.34 while holding a
1308
temporary certificate;
1309
(g) Successful completion of a professional learning
1310
certification program, outlined in subsection (8); or
1311
(g) (h) Successful completion of a competency-based
1312
certification program pursuant to s. 1004.85 and achievement of
1313
a passing score on the professional education competency
1314
examination required by rule of the State Board of Education.
1316
The State Board of Education shall adopt rules to implement this
1317
subsection, including rules to approve specific teacher
1318
preparation programs that are not identified in this subsection
1319
which may be used to meet requirements for mastery of
1320
professional preparation and education competence.
1321
(7) TYPES AND TERMS OF CERTIFICATION.—
1322
(b) Beginning July 1, 2026, the department shall issue a
1323
temporary certificate to any applicant who:
1324
1. Completes the requirements outlined in paragraphs
1325
(2)(a)-(f) and completes the subject area content requirements
1326
specified in state board rule or demonstrates mastery of subject
1327
area knowledge pursuant to subsection (5) and holds an
1328
accredited degree or a degree approved by the Department of
1329
Education at the level required for the subject area
1330
specialization in state board rule;
1331
2. For a subject area specialization for which the state
1332
board otherwise requires a bachelor’s degree, documents 48
1333
months of active-duty military service with an honorable
1334
discharge or a medical separation; completes the requirements
1335
outlined in paragraphs (2)(a), (b), and (d)-(f); completes the
1336
subject area content requirements specified in state board rule
1337
or demonstrates mastery of subject area knowledge pursuant to
1338
subsection (5); and documents completion of 60 college credits
1339
with a minimum cumulative grade point average of 2.5 on a 4.0
1340
scale, as provided by one or more accredited institutions of
1341
higher learning or a nonaccredited institution of higher
1342
learning identified by the Department of Education as having a
1343
quality program resulting in a bachelor’s degree or higher; or
1344
3. Is enrolled in a state-approved teacher preparation
1345
program under s. 1004.04; is actively completing the required
1346
program field experience or internship at a public school;
1347
completes the requirements outlined in paragraphs (2)(a), (b),
1348
and (d)-(f); completes the subject area content requirements
1349
specified in state board rule or demonstrates mastery of subject
1350
area knowledge pursuant to subsection (5); and documents
1351
completion of 60 college credits with a minimum cumulative grade
1352
point average of 2.5 on a 4.0 scale, as provided by one or more
1353
accredited institutions of higher learning or a nonaccredited
1354
institution of higher learning identified by the Department of
1355
Education as having a quality program resulting in a bachelor’s
1356
degree or higher.
1358
At least 1 year before an individual’s temporary certificate is
1359
set to expire, the department shall electronically notify the
1360
individual of the date on which his or her certificate will
1361
expire and provide a list of each method by which the
1362
qualifications for a professional certificate can be completed.
1363
(9) PROFESSIONAL EDUCATION COMPETENCY PROGRAM.—
1364
(a) Each school district must and a private school or
1365
state-supported public school, including a charter school, may
1366
develop and maintain a program system by which members of the
1367
instructional staff may demonstrate mastery of professional
1368
preparation and education competence as required by law. The
1369
professional education competency program must:
1370
1. Be based on classroom application of the Florida
1371
Educator Accomplished Practices and instructional performance
1372
and, for public schools, must be aligned with the district’s or
1373
state-supported public school’s evaluation system established
1374
under s. 1012.34, as applicable.
1375
2. Include an individualized plan tailored to each
1376
candidate to determine the appropriate professional learning
1377
plan.
1378
3. Monitor candidate performance to ensure candidates are
1379
meeting program expectations and implement a remediation process
1380
for candidates not meeting program performance expectations.
1381
4. Assign candidates to a mentor who meets the requirements
1382
of paragraph (7)(e).
1383
(b) The State Board of Education shall adopt rules to
1384
determine the initial and continued approval of programs
1385
implemented under this subsection Each program must be based on
1386
classroom application of the Florida Educator Accomplished
1387
Practices and instructional performance and, for public schools,
1388
must be aligned with the district’s or state-supported public
1389
school’s evaluation system established under s. 1012.34, as
1390
applicable.
1391
(b) The Commissioner of Education shall determine the
1392
continued approval of programs implemented under this paragraph,
1393
based upon the department’s review of performance data. The
1394
department shall review the performance data as a part of the
1395
periodic review of each school district’s professional learning
1396
system required under s. 1012.98 .
1397
Section 22. Paragraphs (d) and (f) of subsection (1) of
1398
section 1014.05, Florida Statutes, are amended to read:
1399
1014.05 School district notifications on parental rights.—
1400
(1) Each district school board shall, in consultation with
1401
parents, teachers, and administrators, develop and adopt a
1402
policy to promote parental involvement in the public school
1403
system. Such policy must include:
1404
(d) Procedures, pursuant to s. 1002.20(3)(d), for a parent
1405
to provide or withhold consent for his or her minor child to
1406
participate in withdraw his or her minor child from any portion
1407
of the school district’s comprehensive health education required
1408
under s. 1003.42(2)(o) that relates to sex education or
1409
instruction on reproductive health or any disease, including
1410
HIV/AIDS in acquired immune deficiency syndrome education or any
1411
instruction regarding sexuality if the parent provides a written
1412
objection to his or her minor child’s participation . Such
1413
procedures must provide for a parent to be notified in advance
1414
of such course content so that he or she may provide or withdraw
1415
his or her minor child from those portions of the course.
1416
(f) Procedures for a parent to learn about parental rights
1417
and responsibilities under general law, including all of the
1418
following:
1419
1. Pursuant to s. 1002.20(3)(d), the right to be notified
1420
in advance and to provide or withhold consent before his or her
1421
minor child participates in opt his or her minor child out of
1422
any portion of the school district’s instruction on reproductive
1423
health or any disease, including HIV/AIDS comprehensive health
1424
education required under s. 1003.42(2)(o) that relates to sex
1425
education instruction in acquired immune deficiency syndrome
1426
education or any instruction regarding sexuality .
1427
2. A plan to disseminate information, pursuant to s.
1428
1002.20(6), about school choice options, including open
1429
enrollment.
1430
3. In accordance with s. 1002.20(3)(b), the right of a
1431
parent to exempt his or her minor child from immunizations.
1432
4. In accordance with s. 1008.22, the right of a parent to
1433
review statewide, standardized assessment results.
1434
5. In accordance with s. 1003.57, the right of a parent to
1435
enroll his or her minor child in gifted or special education
1436
programs.
1437
6. In accordance with s. 1006.28(2)(a)1., the right of a
1438
parent to inspect school district instructional materials.
1439
7. In accordance with s. 1008.25, the right of a parent to
1440
access information relating to the school district’s policies
1441
for promotion or retention, including high school graduation
1442
requirements.
1443
8. In accordance with s. 1002.20(14), the right of a parent
1444
to receive a school report card and be informed of his or her
1445
minor child’s attendance requirements.
1446
9. In accordance with s. 1002.23, the right of a parent to
1447
access information relating to the state public education
1448
system, state standards, report card requirements, attendance
1449
requirements, and instructional materials requirements.
1450
10. In accordance with s. 1002.23(4), the right of a parent
1451
to participate in parent-teacher associations and organizations
1452
that are sanctioned by a district school board or the Department
1453
of Education.
1454
11. In accordance with s. 1002.222(1)(a), the right of a
1455
parent to opt out of any district-level data collection relating
1456
to his or her minor child not required by law.
1457
Section 23. Paragraph (a) of subsection (1) of section
1458
1008.2125, Florida Statutes, is amended to read:
1459
1008.2125 The Council for Early Grade Success.—
1460
(1) The Council for Early Grade Success, a council as
1461
defined in s. 20.03(7), is created within the Department of
1462
Education to oversee the coordinated screening and progress
1463
monitoring program under s. 1008.25(9) for students in the
1464
Voluntary Prekindergarten Education Program through grade 3 and,
1465
except as otherwise provided in this section, shall operate
1466
consistent with s. 20.052.
1467
(a) The council shall be responsible for reviewing the
1468
implementation of, training for, and outcomes from the
1469
coordinated screening and progress monitoring program to provide
1470
recommendations to the department that support grade 3 students
1471
reading at or above grade level. The council, at a minimum,
1472
shall:
1473
1. Provide recommendations on the implementation of the
1474
coordinated screening and progress monitoring program, including
1475
reviewing any procurement solicitation documents and criteria
1476
before being published.
1477
2. Develop training plans and timelines for such training.
1478
3. Identify appropriate personnel, processes, and
1479
procedures required for the administration of the coordinated
1480
screening and progress monitoring program.
1481
4. Provide input on the methodology for calculating a
1482
provider’s or school’s performance metric and designations under
1483
s. 1002.68(3) s. 1002.68(4) .
1484
5. Work with the department to review the methodology for
1485
determining a child’s kindergarten readiness.
1486
6. Review data on age-appropriate learning gains by grade
1487
level that a student would need to attain in order to
1488
demonstrate proficiency in reading by grade 3.
1489
7. Continually review anonymized data from the results of
1490
the coordinated screening and progress monitoring program for
1491
students in the Voluntary Prekindergarten Education Program
1492
through grade 3 to help inform recommendations to the department
1493
that support practices that will enable grade 3 students to read
1494
at or above grade level.
1495
Section 24. This act shall take effect July 1, 2026.