THE BILL ITSELF
HB 6031
Objections to Instructional Materials
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A bill to be entitled
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An act relating to objections to instructional
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materials; amending s. 1006.28, F.S.; removing
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provisions authorizing parents and residents to object
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to instructional materials; removing requirements for
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certain meetings of committees related to such
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objections; removing provisions authorizing the
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Commissioner of Education to appoint a special
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magistrate under certain circumstances; removing
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district school board reporting requirements relating
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to such objections; amending s. 1014.05, F.S.;
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conforming provisions to changes made by the act;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraphs (a), (d), and (e) of subsection (2)
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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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(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) Depicts or describes sexual conduct as defined in s.
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847.001(19), unless such material is for a course required by s.
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1003.46 or s. 1003.42(2)(o)1.g. or 3., or identified by State
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Board of Education rule;
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(III) Is not suited to student needs and their ability to
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comprehend the material presented; or
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(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-subparagraph b.(I) or sub-sub-subparagraph b.(II) must be
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removed within 5 school days after receipt of the objection and
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remain unavailable to students of that school until the
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objection is resolved. Parents shall have the right to read
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passages from any material that is subject to an objection. If
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the school board denies a parent the right to read passages due
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to content that meets the requirements under sub-sub-
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subparagraph b.(I), 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), the school
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district shall discontinue use of the material. If the district
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school board finds that any other material contains prohibited
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content under sub-sub-subparagraphs b.(II)-(IV), the school
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district shall discontinue use of the material for any grade
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level or age group for which such use is inappropriate or
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unsuitable.
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2.3. Each district school board must establish a process
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by which the parent of a public school student or a resident of
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the 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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3.4. 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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(d) School library media services; establishment and
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maintenance.—Establish and maintain a program of school library
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media services for all public schools in the district, including
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school library media centers, or school library media centers
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open to the public, and, in addition such traveling or
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circulating libraries as may be needed for the proper operation
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of the district school system. School librarians, media
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specialists, and other personnel involved in the selection of
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school district library materials must complete the training
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program developed pursuant to s. 1006.29(6) before reviewing and
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selecting age-appropriate materials and library resources. Upon
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written request, a school district shall provide access to any
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material or book specified in the request that is maintained in
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a district school system library and is available for review.
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1. Each book made available to students through a school
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district library media center or included in a recommended or
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assigned school or grade-level reading list must be selected by
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a school district employee who holds a valid educational media
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specialist certificate, regardless of whether the book is
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purchased, donated, or otherwise made available to students.
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2. Each district school board shall adopt procedures for
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developing library media center collections and post the
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procedures on the website for each school within the district.
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The procedures must:
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a. Require that book selections meet the criteria in s.
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1006.40(3)(c).
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b. Require consultation of reputable, professionally
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recognized reviewing periodicals and school community
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stakeholders.
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c. Provide for library media center collections, including
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classroom libraries, based on reader interest, support of state
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academic standards and aligned curriculum, and the academic
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needs of students and faculty.
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d. Provide for the regular removal or discontinuance of
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books based on, at a minimum, physical condition, rate of recent
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circulation, alignment to state academic standards and relevancy
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to curriculum, and out-of-date content, and required removal
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pursuant to subparagraph (a)2.
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3. Each elementary school must publish on its website, in
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a searchable format prescribed by the department, a list of all
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materials maintained and accessible in the school library media
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center or a classroom library or required as part of a school or
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grade-level reading list.
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4. Each district school board shall adopt and publish on
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its website the process for a parent to limit his or her
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student's access to materials in the school or classroom
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library.
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(e) Public participation.—Publish on its website, in a
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searchable format prescribed by the department, a list of all
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instructional materials, including those used to provide
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instruction required by s. 1003.42. Each district school board
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must:
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1. Provide access to all materials, excluding teacher
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editions, in accordance with s. 1006.283(2)(b)8.a. before the
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district school board takes any official action on such
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materials. This process must include reasonable safeguards
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against the unauthorized use, reproduction, and distribution of
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instructional materials considered for adoption.
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2. Select, approve, adopt, or purchase all materials as a
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separate line item on the agenda and provide a reasonable
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opportunity for public comment. The use of materials described
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in this paragraph may not be selected, approved, or adopted as
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part of a consent agenda.
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3. Annually, on June 30, submit to the Commissioner of
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Education a report that identifies:
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a. Each material for which the school district received an
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objection pursuant to subparagraph (a)2., including the grade
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level and course the material was used in, for the school year
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and the specific objections thereto.
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b. Each material that was removed or discontinued.
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c. Each material that was not removed or discontinued and
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the rationale for not removing or discontinuing the material.
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The department shall publish and regularly update a list of
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materials that were removed or discontinued, sorted by grade
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level, as a result of an objection and disseminate the list to
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school districts for consideration in their selection
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procedures.
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Section 2. Paragraphs (d) through (f) of subsection (1) of
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section 1014.05, Florida Statutes, are renumbered as paragraphs
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(c) through (e), and present paragraphs (c) and (f) of that
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subsection are amended 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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(e)(f) Procedures for a parent to learn about parental
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rights and responsibilities under general law, including all of
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the following:
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1. Pursuant to s. 1002.20(3)(d), the right to opt his or
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her minor child out of any portion of the school district's
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comprehensive health education required under s. 1003.42(2)(o)
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that relates to sex education instruction in acquired immune
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deficiency syndrome education or any instruction regarding
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sexuality.
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2. A plan to disseminate information, pursuant to s.
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1002.20(6), about school choice options, including open
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enrollment.
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3. In accordance with s. 1002.20(3)(b), the right of a
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parent to exempt his or her minor child from immunizations.
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4. In accordance with s. 1008.22, the right of a parent to
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review statewide, standardized assessment results.
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5. In accordance with s. 1003.57, the right of a parent to
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enroll his or her minor child in gifted or special education
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programs.
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6. In accordance with s. 1006.28(2)(a)1., the right of a
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parent to inspect school district instructional materials.
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6.7. In accordance with s. 1008.25, the right of a parent
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to access information relating to the school district's policies
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for promotion or retention, including high school graduation
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requirements.
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7.8. In accordance with s. 1002.20(14), the right of a
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parent to receive a school report card and be informed of his or
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her minor child's attendance requirements.
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8.9. In accordance with s. 1002.23, the right of a parent
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to access information relating to the state public education
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system, state standards, report card requirements, attendance
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requirements, and instructional materials requirements.
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9.10. In accordance with s. 1002.23(4), the right of a
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parent to participate in parent-teacher associations and
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organizations that are sanctioned by a district school board or
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the Department of Education.
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10.11. In accordance with s. 1002.222(1)(a), the right of
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a parent to opt out of any district-level data collection
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relating to his or her minor child not required by law.
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This act shall take effect July 1, 2026. Section 3.