THE BILL ITSELF
HB 1119
Materials Harmful to Minors
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A bill to be entitled
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An act relating to materials harmful to minors;
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amending s. 1006.28, F.S.; defining the term "harmful
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to minors"; revising the list of materials used in a
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classroom which are subject to the objection process
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by parents or residents; reenacting s. 1014.05(1)(c),
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F.S., relating to school district notifications on
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parental rights, to incorporate the amendment made to
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s. 1006.28, F.S., in a reference thereto; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (1) and paragraph (a) of subsection (2) of section 1006.28, Florida Statutes, are amended to read:
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1006.28 Duties of district school board, district school
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superintendent; and school principal regarding K-12
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instructional materials.—
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(1) DEFINITIONS.—
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(a) As used in this section, the term:
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1. "Adequate instructional materials" means a sufficient
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number of student or site licenses or sets of materials that are
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available in bound, unbound, kit, or package form and may
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consist of hardbacked or softbacked textbooks, electronic
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content, consumables, learning laboratories, manipulatives,
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electronic media, and computer courseware or software that serve
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as the basis for instruction in the core subject areas of
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mathematics, language arts, social studies, science, reading,
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and literature.
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2. "Harmful to minors" means any reproduction, imitation,
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characterization, description, exhibition, presentation, or
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representation, of whatever kind or form, depicting nudity,
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sexual conduct, or sexual excitement when it:
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a. Predominantly appeals to prurient, shameful, or morbid
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interest; and
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b. Is patently offensive to prevailing standards in the
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adult community as a whole with respect to what is suitable
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material or conduct for minors.
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3.2. "Instructional materials" has the same meaning as in
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s. 1006.29(2).
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4.3. "Library media center" means any collection of books,
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ebooks, periodicals, or videos maintained and accessible on the
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site of a school, including in classrooms.
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(b) As used in this section and s. 1006.283, the term
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"resident" means a person who has maintained his or her
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residence in this state for the preceding year, has purchased a
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home that is occupied by him or her as his or her residence, or
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has established a domicile in this state pursuant to s. 222.17.
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(c) As used in this section and ss. 1006.283, 1006.32,
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1006.35, 1006.37, 1006.38, 1006.40, and 1006.42, the term
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"purchase" includes purchase, lease, license, and acquire.
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(2) DISTRICT SCHOOL BOARD.—The district school board has
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the constitutional duty and responsibility to select and provide
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adequate instructional materials for all students in accordance
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with the requirements of this part. The district school board
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also has the following specific duties and responsibilities:
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(a) Courses of study; adoption.—Adopt courses of study,
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including instructional materials, for use in the schools of the
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district.
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1. Each district school board is responsible for the
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content of all instructional materials and any other materials
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used in a classroom, made available in a school or classroom
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library, or included on a reading list, whether adopted and
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purchased from the state-adopted instructional materials list,
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adopted and purchased through a district instructional materials
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program under s. 1006.283, or otherwise purchased or made
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available.
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2. Each district school board must adopt a policy
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regarding an objection by a parent or a resident of the county
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to the use of a specific material, which clearly describes a
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process to handle all objections and provides for resolution.
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The objection form, as prescribed by State Board of Education
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rule, and the district school board's process must be easy to
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read and understand and be easily accessible on the homepage of
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the school district's website. The objection form must also
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identify the school district point of contact and contact
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information for the submission of an objection. The process must
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provide the parent or resident the opportunity to proffer
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evidence to the district school board that:
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a. An instructional material does not meet the criteria of
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s. 1006.31(2) or s. 1006.40(3)(c) if it was selected for use in
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a course or otherwise made available to students in the school
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district but was not subject to the public notice, review,
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comment, and hearing procedures under s. 1006.283(2)(b)8., 9.,
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and 11.
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b. Any material used in a classroom, made available in a
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school or classroom library, or included on a reading list
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contains content which:
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(I) Is pornographic or prohibited under s. 847.012;
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(II) Is harmful to minors;
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(III)(II) Depicts or describes sexual conduct as defined
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in s. 847.001(19), unless such material is specifically
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authorized as part of a health education course required under
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s. 1003.46; as part of comprehensive health education required
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under s. 1003.42(2)(o)1.g. or 3.; or as approved through for a
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course required by s. 1003.46 or s. 1003.42(2)(o)1.g. or 3., or
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identified by State Board of Education rule for specific
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educational purposes;
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(IV)(III) Is not suited to student needs and their ability
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to comprehend the material presented; or
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(V)(IV) Is inappropriate for the grade level and age group
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for which the material is used.
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A resident of the county who is not the parent or guardian of a
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student with access to school district materials may not object
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to more than one material per month. The State Board of
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Education may adopt rules to implement this provision. Any
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material that is subject to an objection on the basis of sub-
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sub-subparagraphs b.(I)-(III) sub-sub-subparagraph b.(I) or sub-
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sub-subparagraph b.(II) must be removed within 5 school days
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after receipt of the objection and remain unavailable to
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students of that school until the objection is resolved. The
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school district may not consider potential literary, artistic,
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political, or scientific value as a basis for retaining the
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material if it contains material harmful to minors. Parents
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shall have the right to read passages from any material that is
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subject to an objection. If the school board denies a parent the
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right to read passages due to content that meets the
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requirements under sub-sub-subparagraph b.(I) or sub-sub-
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subparagraph b.(II), the school district shall discontinue the
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use of the material in the school district. If the district
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school board finds that any material meets the requirements
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under sub-subparagraph a. or that any other material contains
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prohibited content under sub-sub-subparagraph b.(I) or sub-sub-
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subparagraph b.(II), the school district shall discontinue use
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of the material. If the district school board finds that any
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other material contains prohibited content under sub-sub-
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subparagraphs b.(III)-(V) b.(II)-(IV), the school district shall
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discontinue use of the material for any grade level or age group
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for which such use is inappropriate or unsuitable. The State
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Board of Education shall monitor district compliance with the
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requirements of sub-sub-subparagraphs b.(I)-(III) through
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regular audits and reporting. Upon finding that a district has
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failed to comply with these requirements, the State Board of
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Education must provide written notice of noncompliance to the
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district and require the district to submit a corrective action
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plan within 30 days after receiving such notice; may withhold
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the transfer of state funds, discretionary grant funds,
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discretionary lottery funds, or any other funds specified by the
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Legislature until the district complies with the requirements;
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and may impose additional sanctions or requirements as
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conditions for the continued receipt of state funds.
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3. Each district school board must establish a process by
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which the parent of a public school student or a resident of the
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county may contest the district school board's adoption of a
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specific instructional material. The parent or resident must
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file a petition, on a form provided by the school board, within
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30 calendar days after the adoption of the instructional
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material by the school board. The school board must make the
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form available to the public and publish the form on the school
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district's website. The form must be signed by the parent or
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resident, include the required contact information, and state
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the objection to the instructional material based on the
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criteria of s. 1006.31(2) or s. 1006.40(3)(c). Within 30 days
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after the 30-day period has expired, the school board must, for
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all petitions timely received, conduct at least one open public
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hearing before an unbiased and qualified hearing officer. The
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hearing officer may not be an employee or agent of the school
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district. The hearing is not subject to the provisions of
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chapter 120; however, the hearing must provide sufficient
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procedural protections to allow each petitioner an adequate and
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fair opportunity to be heard and present evidence to the hearing
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officer. The school board's decision after convening a hearing
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is final and not subject to further petition or review.
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4. Meetings of committees convened for the purpose of
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ranking, eliminating, or selecting instructional materials for
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recommendation to the district school board must be noticed and
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open to the public in accordance with s. 286.011. Any committees
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convened for such purposes must include parents of students who
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will have access to such materials.
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5. Meetings of committees convened for the purpose of
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resolving an objection by a parent or resident to specific
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materials must be noticed and open to the public in accordance
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with s. 286.011. Any committees convened for such purposes must
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include parents of students who will have access to such
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materials.
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6. If a parent disagrees with the determination made by
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the district school board on the objection to the use of a
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specific material, a parent may request the Commissioner of
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Education to appoint a special magistrate who is a member of The
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Florida Bar in good standing and who has at least 5 years'
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experience in administrative law. The special magistrate shall
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determine facts relating to the school district's determination,
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consider information provided by the parent and the school
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district, and render a recommended decision for resolution to
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the State Board of Education within 30 days after receipt of the
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request by the parent. The State Board of Education must approve
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or reject the recommended decision at its next regularly
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scheduled meeting that is more than 7 calendar days and no more
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than 30 days after the date the recommended decision is
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transmitted. The costs of the special magistrate shall be borne
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by the school district. The State Board of Education shall adopt
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rules, including forms, necessary to implement this
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subparagraph.
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Section 2. For the purpose of incorporating the amendment
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made by this act to section 1006.28, Florida Statutes, in a
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reference thereto, paragraph (c) of subsection (1) of section
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1014.05, Florida Statutes, is reenacted to read:
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1014.05 School district notifications on parental rights.—
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(1) Each district school board shall, in consultation with
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parents, teachers, and administrators, develop and adopt a
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policy to promote parental involvement in the public school
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system. Such policy must include:
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(c) Procedures, pursuant to s. 1006.28(2)(a)2., for a
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parent to object to instructional materials and other materials
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used in the classroom. Such objections may be based on beliefs
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regarding morality, sex, and religion or the belief that such
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materials are harmful. For purposes of this section, the term
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"instructional materials" has the same meaning as in s.
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1006.29(2) and may include other materials used in the
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classroom, including workbooks and worksheets, handouts,
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software, applications, and any digital media made available to
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students.
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Section 3. This act shall take effect July 1, 2026.