Text of FL H 1069 (2023)

HB 1069 2023 CODING: Words stricken are deletions; words underlined are additions. hb1069-00 Page 1 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to education; amending s. 1000.21, 2 F.S.; defining the term "sex" for the Florida Early 3 Learning-20 Education Code; amending s. 1003.42, F.S.; 4 requiring all materials used for specified instruction 5 relating to reproductive health to be approved by the 6 Department of Education; amending s. 1003.46, F.S.; 7 providing additional requirements for certain 8 instruction regarding human sexuality; requiring the 9 Department of Education to approve specified 10 instructional materials; amending s. 1006.28, F.S.; 11 providing that district school boards are responsible 12 for materials used in classroom libraries; requiring 13 that a specified objection form and the district 14 school board's process meet certain requirements; 15 providing requirements for materials used in a 16 classroom library; revising the criteria by which a 17 parent or resident must meet to object to certain 18 materials used in the classroom; requiring certain 19 classroom materials to be unavailable to students 20 until the resolution of certain objections; providing 21 that parents have the right to read passages from 22 specified materials; providing requirements for 23 certain meetings of school district committees 24 relating to instructional materials; revising certain 25 HB 1069 2023 CODING: Words stricken are deletions; words underlined are additions. hb1069-00 Page 2 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S district school board procedures relating to library 26 media center collections; revising elementary school 27 requirements relating to materials in specified 28 libraries; requiring district school boards to adopt 29 and publish a specified process relating to student 30 access to certain materials; revising district school 31 board reporting requirements relating to materials 32 which received certain objections; requiring school 33 principals to communicate to and notify parents of 34 certain procedures and processes relating to 35 instructional materials; reenacting ss. 1000.05(2), 36 (3), (4)(a), (5), and (6)(d), 1001.453(2)(c), 37 1002.42(3)(a), 1003.27(2)(b) and (c), 1003.42(3)(a), 38 (c), (e), and (f), 1004.43(2), 1006.205(2)(b) and (3), 39 1009.23(7), 1009.24(10)(b), 1009.983(6), 40 1009.986(3)(e), and 1014.05(1)(c), (d), and (f), F.S., 41 to incorporate the amendment made to s. 1000.21, F.S., 42 in references thereto; providing an effective date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1. Subsection (9) is added to section 1000.21, 47 Florida Statutes, to read: 48 1000.21 Systemwide definitions.—As used in the Florida 49 Early Learning-20 Education Code: 50 HB 1069 2023 CODING: Words stricken are deletions; words underlined are additions. hb1069-00 Page 3 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (9) "Sex" means the binary division of individuals based 51 upon reproductive function. 52 Section 2. Paragraph (b) of subsection (1) of section 53 1003.42, Florida Statutes, is amended to read: 54 1003.42 Required instruction.— 55 (1) 56 (b) All instructional materials, as defined in s. 57 1006.29(2), used to teach reproductive health or any disease, 58 including HIV/AIDS, its symptoms, development, and treatment, as 59 part of the courses referenced in subsection (5), must be 60 annually approved by the department a district school board in 61 an open, noticed public meeting. 62 Section 3. Subsection (2) of section 1003.46, Florida 63 Statutes, is amended to read: 64 1003.46 Health education; instruction in acquired immune 65 deficiency syndrome.— 66 (2) Throughout instruction in acquired immune deficiency 67 syndrome, sexually transmitted diseases, or health education, 68 when such instruction and course material contains instruction 69 in human sexuality, such instruction may only occur in grades 6 70 through 12 and a school shall: 71 (a) Teach that sex is determined by biology and 72 reproductive function at birth; that biological males impregnate 73 biological females by fertilizing the female egg with male 74 sperm; that the female then gestates the offspring; and that 75 HB 1069 2023 CODING: Words stricken are deletions; words underlined are additions. hb1069-00 Page 4 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S these reproductive roles are binary, stable, and unchangeable. 76 (b)(a) Teach abstinence from sexual activity outside of 77 marriage as the expected standard for all school-age students 78 while teaching the benefits of monogamous heterosexual marriage. 79 (c)(b) Emphasize that abstinence from sexual activity is a 80 certain way to avoid out-of-wedlock pregnancy, sexually 81 transmitted diseases, including acquired immune deficiency 82 syndrome, and other associated health problems. 83 (d)(c) Teach that each student has the power to control 84 personal behavior and encourage students to base actions on 85 reasoning, self-esteem, and respect for others. 86 (e)(d) Provide instruction and material that is 87 appropriate for the grade and age of the student. 88 89 The Department of Education must approve any materials used for 90 instruction under this subsection. 91 Section 4. Paragraphs (a), (d), and (e) of subsection (2) 92 and paragraphs (a) and (f) of subsection (4) of section 1006.28, 93 Florida Statutes, are amended to read: 94 1006.28 Duties of district school board, district school 95 superintendent; and school principal regarding K-12 96 instructional materials.— 97 (2) DISTRICT SCHOOL BOARD.—The district school board has 98 the constitutional duty and responsibility to select and provide 99 adequate instructional materials for all students in accordance 100 HB 1069 2023 CODING: Words stricken are deletions; words underlined are additions. hb1069-00 Page 5 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S with the requirements of this part. The district school board 101 also has the following specific duties and responsibilities: 102 (a) Courses of study; adoption.—Adopt courses of study, 103 including instructional materials, for use in the schools of the 104 district. 105 1. Each district school board is responsible for the 106 content of all instructional materials and any other materials 107 used in a classroom, made available in a school or classroom 108 library, or included on a reading list, whether adopted and 109 purchased from the state-adopted instructional materials list, 110 adopted and purchased through a district instructional materials 111 program under s. 1006.283, or otherwise purchased or made 112 available. 113 2. Each district school board must adopt a policy 114 regarding an objection by a parent or a resident of the county 115 to the use of a specific material, which clearly describes a 116 process to handle all objections and provides for resolution. 117 The objection form, as prescribed by State Board of Education 118 rule, and the district school board's process must be easy to 119 read and understand and be easily accessible on the homepage of 120 the school district's website. The process must provide the 121 parent or resident the opportunity to proffer evidence to the 122 district school board that: 123 a. An instructional material does not meet the criteria of 124 s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 125 HB 1069 2023 CODING: Words stricken are deletions; words underlined are additions. hb1069-00 Page 6 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S a course or otherwise made available to students in the school 126 district but was not subject to the public notice, review, 127 comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 128 and 11. 129 b. Any material used in a classroom, made available in a 130 school or classroom library, or included on a reading list 131 contains content which: that 132 (I) Is pornographic or prohibited under s. 847.012;, 133 (II) Depicts or describes sexual conduct as defined in s. 134 847.001(19), unless such material is for a course required by s. 135 1003.46, s. 1003.42(2)(n)1.g., or identified by State Board of 136 Education rule; 137 (III) Is not suited to student needs and their ability to 138 comprehend the material presented;, or 139 (IV) Is inappropriate for the grade level and age group 140 for which the material is used. 141 142 Any material that is subject to an objection on the basis of 143 sub-sub-subparagraph b.(I) or sub-sub-subparagraph b.(II) must 144 be unavailable to students until the objection is resolved. 145 Parents shall have the right to read passages from any material 146 that is subject to an objection. If the district school board 147 finds that an instructional material does not meet the criteria 148 under sub-subparagraph a. or that any other material contains 149 prohibited content under sub-subparagraph b., the school 150 HB 1069 2023 CODING: Words stricken are deletions; words underlined are additions. hb1069-00 Page 7 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S district shall discontinue use of the material for any grade 151 level or age group for which such use is inappropriate or 152 unsuitable. 153 3. Each district school board must establish a process by 154 which the parent of a public school student or a resident of the 155 county may contest the district school board's adoption of a 156 specific instructional material. The parent or resident must 157 file a petition, on a form provided by the school board, within 158 30 calendar days after the adoption of the instructional 159 material by the school board. The school board must make the 160 form available to the public and publish the form on the school 161 district's website. The form must be signed by the parent or 162 resident, include the required contact information, and state 163 the objection to the instructional material based on the 164 criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days 165 after the 30-day period has expired, the school board must, for 166 all petitions timely received, conduct at least one open public 167 hearing before an unbiased and qualified hearing officer. The 168 hearing officer may not be an employee or agent of the school 169 district. The hearing is not subject to the provisions of 170 chapter 120; however, the hearing must provide sufficient 171 procedural protections to allow each petitioner an adequate and 172 fair opportunity to be heard and present evidence to the hearing 173 officer. The school board's decision after convening a hearing 174 is final and not subject to further petition or review. 175 HB 1069 2023 CODING: Words stricken are deletions; words underlined are additions. hb1069-00 Page 8 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 4. Meetings of committees convened for the purpose of 176 ranking, eliminating, or selecting instructional materials for 177 recommendation to the district school board must be noticed and 178 open to the public in accordance with s. 286.011. Any committees 179 convened for such purposes must include parents of district 180 students who will have access to such materials. 181 5. Meetings of committees convened for the purpose of 182 resolving an objection by a parent or resident to specific 183 materials must be noticed and open to the public in accordance 184 with s. 286.011. Any committees convened for such purposes must 185 include parents of students who will have access to such 186 materials. 187 (d) School library media services; establishment and 188 maintenance.—Establish and maintain a program of school library 189 media services for all public schools in the district, including 190 school library media centers, or school library media centers 191 open to the public, and, in addition such traveling or 192 circulating libraries as may be needed for the proper operation 193 of the district school system. Beginning January 1, 2023, school 194 librarians, media specialists, and other personnel involved in 195 the selection of school district library materials must complete 196 the training program developed pursuant to s. 1006.29(6) before 197 reviewing and selecting age-appropriate materials and library 198 resources. Upon written request, a school district shall provide 199 access to any material or book specified in the request that is 200 HB 1069 2023 CODING: Words stricken are deletions; words underlined are additions. hb1069-00 Page 9 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S maintained in a district school system library and is available 201 for review. 202 1. Each book made available to students through a school 203 district library media center or included in a recommended or 204 assigned school or grade-level reading list must be selected by 205 a school district employee who holds a valid educational media 206 specialist certificate, regardless of whether the book is 207 purchased, donated, or otherwise made available to students. 208 2. Each district school board shall adopt procedures for 209 developing library media center collections and post the 210 procedures on the website for each school within the district. 211 The procedures must: 212 a. Require that book selections meet the criteria in s. 213 1006.40(3)(d). 214 b. Require consultation of reputable, professionally 215 recognized reviewing periodicals and school community 216 stakeholders. 217 c. Provide for library media center collections, including 218 classroom libraries, based on reader interest, support of state 219 academic standards and aligned curriculum, and the academic 220 needs of students and faculty. 221 d. Provide for the regular removal or discontinuance of 222 books based on, at a minimum, physical condition, rate of recent 223 circulation, alignment to state academic standards and relevancy 224 to curriculum, out-of-date content, and required removal 225 HB 1069 2023 CODING: Words stricken are deletions; words underlined are additions. hb1069-00 Page 10 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S pursuant to subparagraph (a)2. 226 3. Each elementary school must publish on its website, in 227 a searchable format prescribed by the department, a list of all 228 materials maintained and accessible in the school library media 229 center or a classroom library or required as part of a school or 230 grade-level reading list. 231 4. Each district school board shall adopt and publish on 232 its website the process for a parent to limit the books and 233 media materials his or her student can access in the school's 234 library. 235 (e) Public participation.—Publish on its website, in a 236 searchable format prescribed by the department, a list of all 237 instructional materials, including those used to provide 238 instruction required by s. 1003.42. Each district school board 239 must: 240 1. Provide access to all materials, excluding teacher 241 editions, in accordance with s. 1006.283(2)(b)8.a. before the 242 district school board takes any official action on such 243 materials. This process must include reasonable safeguards 244 against the unauthorized use, reproduction, and distribution of 245 instructional materials considered for adoption. 246 2. Select, approve, adopt, or purchase all materials as a 247 separate line item on the agenda and provide a reasonable 248 opportunity for public comment. The use of materials described 249 in this paragraph may not be selected, approved, or adopted as 250 HB 1069 2023 CODING: Words stricken are deletions; words underlined are additions. hb1069-00 Page 11 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S part of a consent agenda. 251 3. Annually, beginning June 30, 2023, submit to the 252 Commissioner of Education a report that identifies: 253 a. Each material for which the school district received an 254 objection pursuant to subparagraph (a)2., including the grade 255 level and course the material was used in, for the school year 256 and the specific objections thereto. 257 b. Each material that was removed or discontinued as a 258 result of an objection. 259 c. Each material that was not removed or discontinued and 260 the rationale for not removing or discontinuing the material The 261 grade level and course for which a removed or discontinued 262 material was used, as applicable. 263 264 The department shall publish and regularly update a list of 265 materials that were removed or discontinued as a result of an 266 objection and disseminate the list to school districts for 267 consideration in their selection procedures. 268 (4) SCHOOL PRINCIPAL.—The school principal has the 269 following duties for the management and care of materials at the 270 school: 271 (a) Proper use of instructional materials.—The principal 272 shall assure that instructional materials are used to provide 273 instruction to students enrolled at the grade level or levels 274 for which the materials are designed, pursuant to adopted 275 HB 1069 2023 CODING: Words stricken are deletions; words underlined are additions. hb1069-00 Page 12 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S district school board rule. The school principal shall 276 communicate to parents the manner in which instructional 277 materials are used to implement the curricular objectives of the 278 school and the procedures for contesting the adoption and use of 279 instructional materials. 280 (f) Selection of library media center materials.—School 281 principals are responsible for overseeing compliance with school 282 district procedures for selecting school library media center 283 materials at the school to which they are assigned and notifying 284 parents of the process for objecting to the use of specific 285 materials. 286 Section 5. Sections 1000.05(2), (3), (4)(a), (5), and 287 (6)(d), 1001.453(2)(c), 1002.42(3)(a), 1003.27(2)(b) and (c), 288 1003.42(3)(a), (c), (e), and (f), 1004.43(2), 1006.205(2)(b) and 289 (3), 1009.23(7), 1009.24(10)(b), 1009.983(6), 1009.986(3)(e), 290 and 1014.05(1)(c), (d), and (f), Florida Statutes, are reenacted 291 for the purpose of incorporating the amendment made by this act 292 to s. 1000.21, Florida Statutes, in references thereto. 293 Section 6. This act shall take effect July 1, 2023. 294

ENROLLED CS/CS/HB 1069 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1069-03-er Page 1 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 1 An act relating to education; amending s. 1000.21, 2 F.S.; defining the term "sex" for the Florida Early 3 Learning-20 Education Code; creating s. 1000.071, 4 F.S.; requiring specified policies relating to a 5 person's sex at certain educational institutions; 6 providing applicability; prohibiting employees, 7 contractors, and students of such educational 8 institutions from being required to use, from 9 providing, and from being asked to provide certain 10 titles and pronouns; prohibiting students from being 11 penalized or subjected to certain treatment for not 12 providing certain titles and pronouns; authorizing the 13 State Board of Education to adopt rules; amending s. 14 1001.42, F.S.; prohibiting classroom instruction on 15 sexual orientation or gender identity from occurring 16 in prekindergarten through grade 8, rather than 17 kindergarten through grade 3; providing an exception; 18 providing requirements if such instruction is provided 19 in grades 9 through 12; providing that such 20 prohibition applies to charter schools; requiring 21 school districts to post specified policies on their 22 websites; amending s. 1003.42, F.S.; requiring all 23 materials used for specified instruction relating to 24 reproductive health to be approved by the Department 25 ENROLLED CS/CS/HB 1069 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1069-03-er Page 2 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S of Education; amending s. 1003.46, F.S.; providing 26 additional requirements for certain instruction 27 regarding human sexuality; requiring the department to 28 approve specified instructional materials; amending s. 29 1006.28, F.S.; providing that district school boards 30 are responsible for materials used in classroom 31 libraries; requiring that a specified objection form 32 and district school board process meet certain 33 requirements; providing requirements for materials 34 used in a classroom library; revising the criteria a 35 parent or resident must meet to object to certain 36 materials used in the classroom; requiring certain 37 classroom materials to be removed within a specified 38 time period and be unavailable to certain students 39 until the resolution of certain objections; providing 40 that parents have the right to read passages from 41 specified materials; requiring the discontinuation of 42 specified materials under certain circumstances; 43 providing requirements for certain meetings of school 44 district committees relating to instructional 45 materials; requiring the Commissioner of Education to 46 appoint a special magistrate under certain 47 circumstances; providing requirements for and duties 48 of the special magistrate; requiring the State Board 49 of Education to approve or reject the special 50 ENROLLED CS/CS/HB 1069 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1069-03-er Page 3 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S magistrate's recommendation within a specified 51 timeframe; requiring school districts to bear the 52 costs of the special magistrate; requiring the State 53 Board of Education to adopt rules; revising certain 54 district school board procedures relating to library 55 media center collections; revising elementary school 56 requirements relating to materials in specified 57 libraries; requiring district school boards to adopt 58 and publish a specified process relating to student 59 access to certain materials; revising district school 60 board reporting requirements relating to materials 61 which received certain objections; requiring school 62 principals to communicate to and notify parents of 63 certain procedures and processes relating to 64 instructional materials; reenacting ss. 1000.05(2), 65 (3), (4)(a), (5), and (6)(d), 1001.453(2)(c), 66 1002.42(3)(a), 1003.27(2)(b) and (c), 1003.42(3)(a), 67 (c), (e), and (f), 1004.43(2), 1006.205(2)(b) and (3), 68 1009.23(7), 1009.24(10)(b), 1009.983(6), 69 1009.986(3)(e), and 1014.05(1)(c), (d), and (f), F.S., 70 to incorporate the amendment made to s. 1000.21, F.S., 71 in references thereto; providing severability; 72 providing an effective date. 73 74 Be It Enacted by the Legislature of the State of Florida: 75 ENROLLED CS/CS/HB 1069 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1069-03-er Page 4 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 76 Section 1. Subsection (9) is added to section 1000.21, 77 Florida Statutes, to read: 78 1000.21 Systemwide definitions.—As used in the Florida 79 Early Learning-20 Education Code: 80 (9) "Sex" means the classification of a person as either 81 female or male based on the organization of the body of such 82 person for a specific reproductive role, as indicated by the 83 person's sex chromosomes, naturally occurring sex hormones, and 84 internal and external genitalia present at birth. 85 Section 2. Section 1000.071, Florida Statutes, is created 86 to read: 87 1000.071 Personal titles and pronouns.— 88 (1) It shall be the policy of every public K-12 89 educational institution that is provided or authorized by the 90 Constitution and laws of Florida that a person's sex is an 91 immutable biological trait and that it is false to ascribe to a 92 person a pronoun that does not correspond to such person's sex. 93 This section does not apply to individuals born with a 94 genetically or biochemically verifiable disorder of sex 95 development, including, but not limited to, 46, XX disorder of 96 sex development; 46, XY disorder of sex development; sex 97 chromosome disorder of sex development; XX or XY sex reversal; 98 and ovotesticular disorder. 99 (2) An employee, contractor, or student of a public K-12 100 ENROLLED CS/CS/HB 1069 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1069-03-er Page 5 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S educational institution may not be required, as a condition of 101 employment or enrollment or participation in any program, to 102 refer to another person using that person's preferred personal 103 title or pronouns if such personal title or pronouns do not 104 correspond to that person's sex. 105 (3) An employee or contractor of a public K-12 educational 106 institution may not provide to a student his or her preferred 107 personal title or pronouns if such preferred personal title or 108 pronouns do not correspond to his or her sex. 109 (4) A student may not be asked by an employee or 110 contractor of a public K-12 educational institution to provide 111 his or her preferred personal title or pronouns or be penalized 112 or subjected to adverse or discriminatory treatment for not 113 providing his or her preferred personal title or pronouns. 114 (5) The State Board of Education may adopt rules to 115 administer this section. 116 Section 3. Paragraph (c) of subsection (8) of section 117 1001.42, Florida Statutes, is amended to read: 118 1001.42 Powers and duties of district school board.—The 119 district school board, acting as a board, shall exercise all 120 powers and perform all duties listed below: 121 (8) STUDENT WELFARE.— 122 (c)1. In accordance with the rights of parents enumerated 123 in ss. 1002.20 and 1014.04, adopt procedures for notifying a 124 student's parent if there is a change in the student's services 125 ENROLLED CS/CS/HB 1069 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1069-03-er Page 6 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S or monitoring related to the student's mental, emotional, or 126 physical health or well-being and the school's ability to 127 provide a safe and supportive learning environment for the 128 student. The procedures must reinforce the fundamental right of 129 parents to make decisions regarding the upbringing and control 130 of their children by requiring school district personnel to 131 encourage a student to discuss issues relating to his or her 132 well-being with his or her parent or to facilitate discussion of 133 the issue with the parent. The procedures may not prohibit 134 parents from accessing any of their student's education and 135 health records created, maintained, or used by the school 136 district, as required by s. 1002.22(2). 137 2. A school district may not adopt procedures or student 138 support forms that prohibit school district personnel from 139 notifying a parent about his or her student's mental, emotional, 140 or physical health or well-being, or a change in related 141 services or monitoring, or that encourage or have the effect of 142 encouraging a student to withhold from a parent such 143 information. School district personnel may not discourage or 144 prohibit parental notification of and involvement in critical 145 decisions affecting a student's mental, emotional, or physical 146 health or well-being. This subparagraph does not prohibit a 147 school district from adopting procedures that permit school 148 personnel to withhold such information from a parent if a 149 reasonably prudent person would believe that disclosure would 150 ENROLLED CS/CS/HB 1069 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1069-03-er Page 7 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S result in abuse, abandonment, or neglect, as those terms are 151 defined in s. 39.01. 152 3. Classroom instruction by school personnel or third 153 parties on sexual orientation or gender identity may not occur 154 in prekindergarten kindergarten through grade 8, except when 155 required by ss. 1003.42(2)(n)3. and 1003.46. If such instruction 156 is provided in grades 9 through 12, the instruction must be 3 or 157 in a manner that is not age-appropriate or developmentally 158 appropriate for students in accordance with state standards. 159 This subparagraph applies to charter schools. 160 4. Student support services training developed or provided 161 by a school district to school district personnel must adhere to 162 student services guidelines, standards, and frameworks 163 established by the Department of Education. 164 5. At the beginning of the school year, each school 165 district shall notify parents of each health care service 166 offered at their student's school and the option to withhold 167 consent or decline any specific service in accordance with s. 168 1014.06. Parental consent to a health care service does not 169 waive the parent's right to access his or her student's 170 educational or health records or to be notified about a change 171 in his or her student's services or monitoring as provided by 172 this paragraph. 173 6. Before administering a student well-being questionnaire 174 or health screening form to a student in kindergarten through 175 ENROLLED CS/CS/HB 1069 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1069-03-er Page 8 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S grade 3, the school district must provide the questionnaire or 176 health screening form to the parent and obtain the permission of 177 the parent. 178 7. Each school district shall adopt procedures for a 179 parent to notify the principal, or his or her designee, 180 regarding concerns under this paragraph at his or her student's 181 school and the process for resolving those concerns within 7 182 calendar days after notification by the parent. 183 a. At a minimum, the procedures must require that within 184 30 days after notification by the parent that the concern 185 remains unresolved, the school district must either resolve the 186 concern or provide a statement of the reasons for not resolving 187 the concern. 188 b. If a concern is not resolved by the school district, a 189 parent may: 190 (I) Request the Commissioner of Education to appoint a 191 special magistrate who is a member of The Florida Bar in good 192 standing and who has at least 5 years' experience in 193 administrative law. The special magistrate shall determine facts 194 relating to the dispute over the school district procedure or 195 practice, consider information provided by the school district, 196 and render a recommended decision for resolution to the State 197 Board of Education within 30 days after receipt of the request 198 by the parent. The State Board of Education must approve or 199 reject the recommended decision at its next regularly scheduled 200 ENROLLED CS/CS/HB 1069 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1069-03-er Page 9 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S meeting that is more than 7 calendar days and no more than 30 201 days after the date the recommended decision is transmitted. The 202 costs of the special magistrate shall be borne by the school 203 district. The State Board of Education shall adopt rules, 204 including forms, necessary to implement this subparagraph. 205 (II) Bring an action against the school district to obtain 206 a declaratory judgment that the school district procedure or 207 practice violates this paragraph and seek injunctive relief. A 208 court may award damages and shall award reasonable attorney fees 209 and court costs to a parent who receives declaratory or 210 injunctive relief. 211 c. Each school district shall adopt and post on its 212 website policies to notify parents of the procedures required 213 under this subparagraph. 214 d. Nothing contained in this subparagraph shall be 215 construed to abridge or alter rights of action or remedies in 216 equity already existing under the common law or general law. 217 Section 4. Paragraph (b) of subsection (1) of section 218 1003.42, Florida Statutes, is amended to read: 219 1003.42 Required instruction.— 220 (1) 221 (b) All instructional materials, as defined in s. 222 1006.29(2), used to teach reproductive health or any disease, 223 including HIV/AIDS, its symptoms, development, and treatment, as 224 part of the courses referenced in subsection (5), must be 225 ENROLLED CS/CS/HB 1069 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1069-03-er Page 10 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S annually approved by the department a district school board in 226 an open, noticed public meeting. 227 Section 5. Subsection (2) of section 1003.46, Florida 228 Statutes, is amended to read: 229 1003.46 Health education; instruction in acquired immune 230 deficiency syndrome.— 231 (2) Throughout instruction in acquired immune deficiency 232 syndrome, sexually transmitted diseases, or health education, 233 when such instruction and course material contains instruction 234 in human sexuality, a school shall: 235 (a) Classify males and females as provided in s. 236 1000.21(9) and teach that biological males impregnate biological 237 females by fertilizing the female egg with male sperm; that the 238 female then gestates the offspring; and that these reproductive 239 roles are binary, stable, and unchangeable. 240 (b)(a) Teach abstinence from sexual activity outside of 241 marriage as the expected standard for all school-age students 242 while teaching the benefits of monogamous heterosexual marriage. 243 (c)(b) Emphasize that abstinence from sexual activity is a 244 certain way to avoid out-of-wedlock pregnancy, sexually 245 transmitted diseases, including acquired immune deficiency 246 syndrome, and other associated health problems. 247 (d)(c) Teach that each student has the power to control 248 personal behavior and encourage students to base actions on 249 reasoning, self-esteem, and respect for others. 250 ENROLLED CS/CS/HB 1069 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1069-03-er Page 11 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (e)(d) Provide instruction and material that is 251 appropriate for the grade and age of the student. 252 253 The Department of Education must approve any materials used for 254 instruction under this subsection. 255 Section 6. Paragraphs (a), (d), and (e) of subsection (2) 256 and paragraphs (a) and (f) of subsection (4) of section 1006.28, 257 Florida Statutes, are amended to read: 258 1006.28 Duties of district school board, district school 259 superintendent; and school principal regarding K-12 260 instructional materials.— 261 (2) DISTRICT SCHOOL BOARD.—The district school board has 262 the constitutional duty and responsibility to select and provide 263 adequate instructional materials for all students in accordance 264 with the requirements of this part. The district school board 265 also has the following specific duties and responsibilities: 266 (a) Courses of study; adoption.—Adopt courses of study, 267 including instructional materials, for use in the schools of the 268 district. 269 1. Each district school board is responsible for the 270 content of all instructional materials and any other materials 271 used in a classroom, made available in a school or classroom 272 library, or included on a reading list, whether adopted and 273 purchased from the state-adopted instructional materials list, 274 adopted and purchased through a district instructional materials 275 ENROLLED CS/CS/HB 1069 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1069-03-er Page 12 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S program under s. 1006.283, or otherwise purchased or made 276 available. 277 2. Each district school board must adopt a policy 278 regarding an objection by a parent or a resident of the county 279 to the use of a specific material, which clearly describes a 280 process to handle all objections and provides for resolution. 281 The objection form, as prescribed by State Board of Education 282 rule, and the district school board's process must be easy to 283 read and understand and be easily accessible on the homepage of 284 the school district's website. The objection form must also 285 identify the school district point of contact and contact 286 information for the submission of an objection. The process must 287 provide the parent or resident the opportunity to proffer 288 evidence to the district school board that: 289 a. An instructional material does not meet the criteria of 290 s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 291 a course or otherwise made available to students in the school 292 district but was not subject to the public notice, review, 293 comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 294 and 11. 295 b. Any material used in a classroom, made available in a 296 school or classroom library, or included on a reading list 297 contains content which: that 298 (I) Is pornographic or prohibited under s. 847.012;, 299 (II) Depicts or describes sexual conduct as defined in s. 300 ENROLLED CS/CS/HB 1069 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1069-03-er Page 13 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 847.001(19), unless such material is for a course required by s. 301 1003.46, s. 1003.42(2)(n)1.g., or s. 1003.42(2)(n)3., or 302 identified by State Board of Education rule; 303 (III) Is not suited to student needs and their ability to 304 comprehend the material presented;, or 305 (IV) Is inappropriate for the grade level and age group 306 for which the material is used. 307 308 Any material that is subject to an objection on the basis of 309 sub-sub-subparagraph b.(I) or sub-sub-subparagraph b.(II) must 310 be removed within 5 school days of receipt of the objection and 311 remain unavailable to students of that school until the 312 objection is resolved. Parents shall have the right to read 313 passages from any material that is subject to an objection. If 314 the school board denies a parent the right to read passages due 315 to content that meets the requirements under sub-sub- 316 subparagraph b.(I), the school district shall discontinue the 317 use of the material. If the district school board finds that any 318 an instructional material meets does not meet the requirements 319 criteria under sub-subparagraph a. or that any other material 320 contains prohibited content under sub-sub-subparagraph b.(I) 321 sub-subparagraph b., the school district shall discontinue use 322 of the material. If the district school board finds that any 323 other material contains prohibited content under sub-sub- 324 subparagraph b. (II)-(IV), the school district shall discontinue 325 ENROLLED CS/CS/HB 1069 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1069-03-er Page 14 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S use of the material for any grade level or age group for which 326 such use is inappropriate or unsuitable. 327 3. Each district school board must establish a process by 328 which the parent of a public school student or a resident of the 329 county may contest the district school board's adoption of a 330 specific instructional material. The parent or resident must 331 file a petition, on a form provided by the school board, within 332 30 calendar days after the adoption of the instructional 333 material by the school board. The school board must make the 334 form available to the public and publish the form on the school 335 district's website. The form must be signed by the parent or 336 resident, include the required contact information, and state 337 the objection to the instructional material based on the 338 criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days 339 after the 30-day period has expired, the school board must, for 340 all petitions timely received, conduct at least one open public 341 hearing before an unbiased and qualified hearing officer. The 342 hearing officer may not be an employee or agent of the school 343 district. The hearing is not subject to the provisions of 344 chapter 120; however, the hearing must provide sufficient 345 procedural protections to allow each petitioner an adequate and 346 fair opportunity to be heard and present evidence to the hearing 347 officer. The school board's decision after convening a hearing 348 is final and not subject to further petition or review. 349 4. Meetings of committees convened for the purpose of 350 ENROLLED CS/CS/HB 1069 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1069-03-er Page 15 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ranking, eliminating, or selecting instructional materials for 351 recommendation to the district school board must be noticed and 352 open to the public in accordance with s. 286.011. Any committees 353 convened for such purposes must include parents of district 354 students who will have access to such materials. 355 5. Meetings of committees convened for the purpose of 356 resolving an objection by a parent or resident to specific 357 materials must be noticed and open to the public in accordance 358 with s. 286.011. Any committees convened for such purposes must 359 include parents of students who will have access to such 360 materials. 361 6. If a parent disagrees with the determination made by 362 the district school board on the objection to the use of a 363 specific material, a parent may request the Commissioner of 364 Education to appoint a special magistrate who is a member of The 365 Florida Bar in good standing and who has at least 5 years' 366 experience in administrative law. The special magistrate shall 367 determine facts relating to the school district's determination, 368 consider information provided by the parent and the school 369 district, and render a recommended decision for resolution to 370 the State Board of Education within 30 days after receipt of the 371 request by the parent. The State Board of Education must approve 372 or reject the recommended decision at its next regularly 373 scheduled meeting that is more than 7 calendar days and no more 374 than 30 days after the date the recommended decision is 375 ENROLLED CS/CS/HB 1069 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1069-03-er Page 16 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S transmitted. The costs of the special magistrate shall be borne 376 by the school district. The State Board of Education shall adopt 377 rules, including forms, necessary to implement this 378 subparagraph. 379 (d) School library media services; establishment and 380 maintenance.—Establish and maintain a program of school library 381 media services for all public schools in the district, including 382 school library media centers, or school library media centers 383 open to the public, and, in addition such traveling or 384 circulating libraries as may be needed for the proper operation 385 of the district school system. Beginning January 1, 2023, school 386 librarians, media specialists, and other personnel involved in 387 the selection of school district library materials must complete 388 the training program developed pursuant to s. 1006.29(6) before 389 reviewing and selecting age-appropriate materials and library 390 resources. Upon written request, a school district shall provide 391 access to any material or book specified in the request that is 392 maintained in a district school system library and is available 393 for review. 394 1. Each book made available to students through a school 395 district library media center or included in a recommended or 396 assigned school or grade-level reading list must be selected by 397 a school district employee who holds a valid educational media 398 specialist certificate, regardless of whether the book is 399 purchased, donated, or otherwise made available to students. 400 ENROLLED CS/CS/HB 1069 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1069-03-er Page 17 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 2. Each district school board shall adopt procedures for 401 developing library media center collections and post the 402 procedures on the website for each school within the district. 403 The procedures must: 404 a. Require that book selections meet the criteria in s. 405 1006.40(3)(d). 406 b. Require consultation of reputable, professionally 407 recognized reviewing periodicals and school community 408 stakeholders. 409 c. Provide for library media center collections, including 410 classroom libraries, based on reader interest, support of state 411 academic standards and aligned curriculum, and the academic 412 needs of students and faculty. 413 d. Provide for the regular removal or discontinuance of 414 books based on, at a minimum, physical condition, rate of recent 415 circulation, alignment to state academic standards and relevancy 416 to curriculum, out-of-date content, and required removal 417 pursuant to subparagraph (a)2. 418 3. Each elementary school must publish on its website, in 419 a searchable format prescribed by the department, a list of all 420 materials maintained and accessible in the school library media 421 center or a classroom library or required as part of a school or 422 grade-level reading list. 423 4. Each district school board shall adopt and publish on 424 its website the process for a parent to limit his or her 425 ENROLLED CS/CS/HB 1069 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1069-03-er Page 18 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S student's access to materials in the school or classroom 426 library. 427 (e) Public participation.—Publish on its website, in a 428 searchable format prescribed by the department, a list of all 429 instructional materials, including those used to provide 430 instruction required by s. 1003.42. Each district school board 431 must: 432 1. Provide access to all materials, excluding teacher 433 editions, in accordance with s. 1006.283(2)(b)8.a. before the 434 district school board takes any official action on such 435 materials. This process must include reasonable safeguards 436 against the unauthorized use, reproduction, and distribution of 437 instructional materials considered for adoption. 438 2. Select, approve, adopt, or purchase all materials as a 439 separate line item on the agenda and provide a reasonable 440 opportunity for public comment. The use of materials described 441 in this paragraph may not be selected, approved, or adopted as 442 part of a consent agenda. 443 3. Annually, beginning June 30, 2023, submit to the 444 Commissioner of Education a report that identifies: 445 a. Each material for which the school district received an 446 objection pursuant to subparagraph (a)2., including the grade 447 level and course the material was used in, for the school year 448 and the specific objections thereto. 449 b. Each material that was removed or discontinued as a 450 ENROLLED CS/CS/HB 1069 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1069-03-er Page 19 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S result of an objection. 451 c. Each material that was not removed or discontinued and 452 the rationale for not removing or discontinuing the material The 453 grade level and course for which a removed or discontinued 454 material was used, as applicable. 455 456 The department shall publish and regularly update a list of 457 materials that were removed or discontinued as a result of an 458 objection and disseminate the list to school districts for 459 consideration in their selection procedures. 460 (4) SCHOOL PRINCIPAL.—The school principal has the 461 following duties for the management and care of materials at the 462 school: 463 (a) Proper use of instructional materials.—The principal 464 shall assure that instructional materials are used to provide 465 instruction to students enrolled at the grade level or levels 466 for which the materials are designed, pursuant to adopted 467 district school board rule. The school principal shall 468 communicate to parents the manner in which instructional 469 materials are used to implement the curricular objectives of the 470 school and the procedures for contesting the adoption and use of 471 instructional materials. 472 (f) Selection of library media center materials.—School 473 principals are responsible for overseeing compliance with school 474 district procedures for selecting school library media center 475 ENROLLED CS/CS/HB 1069 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1069-03-er Page 20 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S materials at the school to which they are assigned and notifying 476 parents of the process for objecting to the use of specific 477 materials. 478 Section 7. Sections 1000.05(2), (3), (4)(a), (5), and 479 (6)(d), 1001.453(2)(c), 1002.42(3)(a), 1003.27(2)(b) and (c), 480 1003.42(3)(a), (c), (e), and (f), 1004.43(2), 1006.205(2)(b) and 481 (3), 1009.23(7), 1009.24(10)(b), 1009.983(6), 1009.986(3)(e), 482 and 1014.05(1)(c), (d), and (f), Florida Statutes, are reenacted 483 for the purpose of incorporating the amendment made by this act 484 to s. 1000.21, Florida Statutes, in references thereto. 485 Section 8. If any provision of this act or the application 486 thereof to any person or circumstance is held invalid, the 487 invalidity does not affect other provisions or applications of 488 this act which can be given effect without the invalid provision 489 or application, and to this end the provisions of this act are 490 severable. 491 Section 9. This act shall take effect July 1, 2023. 492