Text of FL H 1355 (2024)
Education
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As introduced
40,625 characters
HB 1355
2024
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A bill to be entitled
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An act relating to education; providing a short title;
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amending s. 1000.05, F.S.; deleting provisions
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relating to prohibited training or instruction in
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specified concepts which constitutes discrimination on
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the basis of race, color, national origin, or sex;
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repealing s. 1000.071, F.S., relating to personal
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titles and pronouns; amending s. 1001.42, F.S.;
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prohibiting school districts from adopting a procedure
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that compels or authorizes school personnel to share
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certain information with a parent under certain
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circumstances; deleting a provision authorizing school
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districts to adopt procedures that permit school
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personnel to withhold certain information from a
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parent under certain circumstances; deleting a
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prohibition against classroom instruction on sexual
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orientation and gender identity in specified grades;
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deleting an exception; deleting a provision requiring
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student support services to adhere to specified
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guidelines; amending s. 1001.706, F.S.; deleting a
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requirement for the Board of Governors to include in
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its review of state university missions a directive to
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each university regarding its programs for curricula
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that violate certain provisions; amending s. 1001.92,
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F.S.; deleting provisions relating to a state
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university losing its eligibility for performance
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funding if a certain violation is substantiated;
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amending s. 1003.42, F.S.; requiring instruction in
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LGBTQ history in public schools; conforming a cross-
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reference; amending s. 1004.06, F.S.; authorizing and
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encouraging Florida College System institutions, state
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universities, and direct-support organizations to
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develop programs based on diversity, equity, and
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inclusion principles; authorizing the expenditure of
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state or federal funds to promote such programs;
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deleting a prohibition against Florida College System
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institutions, state universities, and direct-support
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organizations expending funds on programs or
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activities that advocate for diversity, equity, and
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inclusion or that promote or engage in political or
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social activism; deleting obsolete language; amending
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s. 1006.28, F.S.; providing that certain provisions
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relating to district school board duties and materials
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made available in schools do not apply to classroom
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libraries; revising requirements for resolving
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objections to instructional materials; deleting a
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requirement that any instructional material that is
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subject to an objection be removed within 5 school
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days; deleting a requirement that a school board
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discontinue use of an instructional material if
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certain conditions are met; providing that school
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libraries may provide materials and information
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presenting all points of view; providing that
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materials may not be proscribed or removed due to
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partisan or doctrinal disapproval; amending s.
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1007.25, F.S.; deleting certain prohibitions for
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general education courses; providing an effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Freedom to Learn
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Act."
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Section 2. Subsection (4) of section 1000.05, Florida
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Statutes, is amended to read:
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1000.05 Discrimination against students and employees in
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the Florida K-20 public education system prohibited; equality of
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access required.—
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(4)(a) It shall constitute discrimination on the basis of
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race, color, national origin, or sex under this section to
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subject any student or employee to training or instruction that
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espouses, promotes, advances, inculcates, or compels such
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student or employee to believe any of the following concepts:
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1. Members of one race, color, national origin, or sex are
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morally superior to members of another race, color, national
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origin, or sex.
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2. A person, by virtue of his or her race, color, national
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origin, or sex, is inherently racist, sexist, or oppressive,
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whether consciously or unconsciously.
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3. A person's moral character or status as either
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privileged or oppressed is necessarily determined by his or her
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race, color, national origin, or sex.
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4. Members of one race, color, national origin, or sex
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cannot and should not attempt to treat others without respect to
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race, color, national origin, or sex.
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5. A person, by virtue of his or her race, color, national
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origin, or sex, bears responsibility for, or should be
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discriminated against or receive adverse treatment because of,
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actions committed in the past by other members of the same race,
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color, national origin, or sex.
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6. A person, by virtue of his or her race, color, national
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origin, or sex, should be discriminated against or receive
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adverse treatment to achieve diversity, equity, or inclusion.
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7. A person, by virtue of his or her race, color, sex, or
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national origin, bears personal responsibility for and must feel
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guilt, anguish, or other forms of psychological distress because
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of actions, in which the person played no part, committed in the
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past by other members of the same race, color, national origin,
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or sex.
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8. Such virtues as merit, excellence, hard work, fairness,
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neutrality, objectivity, and racial colorblindness are racist or
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sexist, or were created by members of a particular race, color,
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national origin, or sex to oppress members of another race,
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color, national origin, or sex.
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(b) Paragraph (a) may not be construed to prohibit
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discussion of the concepts listed therein as part of a larger
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course of training or instruction, provided such training or
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instruction is given in an objective manner without endorsement
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of the concepts.
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Section 3. Section 1000.071, Florida Statutes, is
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repealed.
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Section 4. Paragraph (c) of subsection (8) of section
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1001.42, Florida Statutes, is amended to read:
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1001.42 Powers and duties of district school board.—The
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district school board, acting as a board, shall exercise all
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powers and perform all duties listed below:
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(8) STUDENT WELFARE.—
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(c)1. In accordance with the rights of parents enumerated
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in ss. 1002.20 and 1014.04, adopt procedures for notifying a
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student's parent if there is a change in the student's services
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or monitoring related to the student's mental, emotional, or
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physical health or well-being and the school's ability to
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provide a safe and supportive learning environment for the
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student. The procedures must reinforce the fundamental right of
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parents to make decisions regarding the upbringing and control
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of their children by requiring school district personnel to
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encourage a student to discuss issues relating to his or her
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well-being with his or her parent or to facilitate discussion of
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the issue with the parent. The procedures may not prohibit
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parents from accessing any of their student's education and
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health records created, maintained, or used by the school
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district, as required by s. 1002.22(2).
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2. A school district may not adopt procedures or student
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support forms that prohibit school district personnel from
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notifying a parent about his or her student's mental, emotional,
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or physical health or well-being, or a change in related
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services or monitoring, or that encourage or have the effect of
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encouraging a student to withhold from a parent such
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information. School district personnel may not discourage or
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prohibit parental notification of and involvement in critical
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decisions affecting a student's mental, emotional, or physical
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health or well-being. A school district may not adopt a
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procedure that compels or authorizes school personnel to provide
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such information to a parent if a reasonably prudent person
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would believe that disclosure would result in harm to the
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student, including, but not limited to, This subparagraph does
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not prohibit a school district from adopting procedures that
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permit school personnel to withhold such information from a
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parent if a reasonably prudent person would believe that
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disclosure would result in abuse, abandonment, or neglect, as
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those terms are defined in s. 39.01.
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3. Classroom instruction by school personnel or third
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parties on sexual orientation or gender identity may not occur
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in prekindergarten through grade 8, except when required by ss.
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1003.42(2)(n)3. and 1003.46. If such instruction is provided in
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grades 9 through 12, the instruction must be age-appropriate or
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developmentally appropriate for students in accordance with
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state standards. This subparagraph applies to charter schools.
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4. Student support services training developed or provided
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by a school district to school district personnel must adhere to
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student services guidelines, standards, and frameworks
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established by the Department of Education.
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5. At the beginning of the school year, each school
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district shall notify parents of each health care service
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offered at their student's school and the option to withhold
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consent or decline any specific service in accordance with s.
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1014.06. Parental consent to a health care service does not
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waive the parent's right to access his or her student's
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educational or health records or to be notified about a change
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in his or her student's services or monitoring as provided by
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this paragraph.
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4.6. Before administering a student well-being
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questionnaire or health screening form to a student in
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kindergarten through grade 3, the school district must provide
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the questionnaire or health screening form to the parent and
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obtain the permission of the parent.
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5.7. Each school district shall adopt procedures for a
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parent to notify the principal, or his or her designee,
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regarding concerns under this paragraph at his or her student's
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school and the process for resolving those concerns within 7
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calendar days after notification by the parent.
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a. At a minimum, the procedures must require that within
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30 days after notification by the parent that the concern
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remains unresolved, the school district must either resolve the
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concern or provide a statement of the reasons for not resolving
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the concern.
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b. If a concern is not resolved by the school district, a
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parent may:
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(I) Request the Commissioner of Education to appoint a
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special magistrate who is a member of The Florida Bar in good
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standing and who has at least 5 years' experience in
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administrative law. The special magistrate shall determine facts
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relating to the dispute over the school district procedure or
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practice, consider information provided by the school district,
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and render a recommended decision for resolution to the State
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Board of Education within 30 days after receipt of the request
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by the parent. The State Board of Education must approve or
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reject the recommended decision at its next regularly scheduled
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meeting that is more than 7 calendar days and no more than 30
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days after the date the recommended decision is transmitted. The
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costs of the special magistrate shall be borne by the school
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district. The State Board of Education shall adopt rules,
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including forms, necessary to implement this subparagraph.
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(II) Bring an action against the school district to obtain
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a declaratory judgment that the school district procedure or
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practice violates this paragraph and seek injunctive relief. A
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court may award damages and shall award reasonable attorney fees
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and court costs to a parent who receives declaratory or
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injunctive relief.
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c. Each school district shall adopt and post on its
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website policies to notify parents of the procedures required
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under this subparagraph.
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d. Nothing contained in this subparagraph shall be
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construed to abridge or alter rights of action or remedies in
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equity already existing under the common law or general law.
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Section 5. Paragraph (a) of subsection (5) of section
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1001.706, Florida Statutes, is amended to read:
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1001.706 Powers and duties of the Board of Governors.—
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(5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
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(a) The Legislature intends that the Board of Governors
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shall align the missions of each constituent university with the
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academic success of its students; the existing and emerging
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economic development needs of the state; the national reputation
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of its faculty and its academic and research programs; the
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quantity of externally generated research, patents, and
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licenses; and the strategic and accountability plans required in
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paragraphs (b) and (c). The Board of Governors shall
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periodically review the mission of each constituent university
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and make updates or revisions as needed. Upon completion of a
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review of the mission, the board shall review existing academic
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programs for alignment with the mission. The board shall include
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in its review a directive to each constituent university
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regarding its programs for any curriculum that violates s.
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1000.05 or that is based on theories that systemic racism,
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sexism, oppression, and privilege are inherent in the
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institutions of the United States and were created to maintain
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social, political, and economic inequities. The mission
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alignment and strategic plan must consider peer institutions at
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the constituent universities. The mission alignment and
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strategic plan must acknowledge that universities that have a
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national and international impact have the greatest capacity to
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promote the state's economic development through: new
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discoveries, patents, licenses, and technologies that generate
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state businesses of global importance; research achievements
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through external grants and contracts that are comparable to
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nationally recognized and ranked universities; the creation of a
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resource rich academic environment that attracts high-technology
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business and venture capital to the state; and this generation's
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finest minds focusing on solving the state's economic, social,
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environmental, and legal problems in the areas of life sciences,
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water, sustainability, energy, and health care. A nationally
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recognized and ranked university that has a global perspective
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and impact must be afforded the opportunity to enable and
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protect the university's competitiveness on the global stage in
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fair competition with other institutions of other states in the
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highest Carnegie Classification.
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Section 6. Subsection (5) of section 1001.92, Florida
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Statutes, is amended to read:
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1001.92 State University System Performance-Based
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Incentive.—
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(5) Notwithstanding any other provision of this section,
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if any institution is found to have a substantiated violation of
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s. 1000.05(4)(a), the institution shall be ineligible to receive
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performance funding during the next fiscal year following the
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year in which the violation is substantiated. Substantiated
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findings are those as determined by a court of law, a standing
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committee of the Legislature, or the Board of Governors.
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Section 7. Paragraph (g) of subsection (2) of section
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1003.42, Florida Statutes, is amended, and paragraph (v) is
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added to that subsection, to read:
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1003.42 Required instruction.—
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(2) Members of the instructional staff of the public
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schools, subject to the rules of the State Board of Education
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and the district school board, shall teach efficiently and
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faithfully, using the books and materials required that meet the
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highest standards for professionalism and historical accuracy,
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following the prescribed courses of study, and employing
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approved methods of instruction, the following:
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(g)1. The history of the Holocaust (1933-1945), the
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systematic, planned annihilation of European Jews and other
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groups by Nazi Germany, a watershed event in the history of
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humanity, to be taught in a manner that leads to an
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investigation of human behavior, an understanding of the
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ramifications of prejudice, racism, and stereotyping, and an
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examination of what it means to be a responsible and respectful
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person, for the purposes of encouraging tolerance of diversity
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in a pluralistic society and for nurturing and protecting
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democratic values and institutions, including the policy,
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definition, and historical and current examples of anti-
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Semitism, as described in s. 1000.05(7) s. 1000.05(8), and the
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prevention of anti-Semitism. Each school district must annually
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certify and provide evidence to the department, in a manner
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prescribed by the department, that the requirements of this
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paragraph are met. The department shall prepare and offer
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standards and curriculum for the instruction required by this
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paragraph and may seek input from the Commissioner of
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Education's Task Force on Holocaust Education or from any state
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or nationally recognized Holocaust educational organizations.
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The department may contract with any state or nationally
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recognized Holocaust educational organizations to develop
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training for instructional personnel and grade-appropriate
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classroom resources to support the developed curriculum.
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2. The second week in November shall be designated as
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"Holocaust Education Week" in this state in recognition that
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November is the anniversary of Kristallnacht, widely recognized
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as a precipitating event that led to the Holocaust.
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(v) The study of LGBTQ history in Florida and the LGBTQ
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community's contributions to the United States, which may
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include important United States Supreme Court cases, such as
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Obergefell v. Hodges and Windsor v. United States; the Florida
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Legislative Investigation Committee; and the tragedy at Pulse
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Nightclub.
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The State Board of Education is encouraged to adopt standards
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and pursue assessment of the requirements of this subsection.
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Instructional programming that incorporates the values of the
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recipients of the Congressional Medal of Honor and that is
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offered as part of a social studies, English Language Arts, or
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other schoolwide character building and veteran awareness
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initiative meets the requirements of paragraph (u).
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Section 8. Subsection (4) of section 1004.06, Florida
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Statutes, is renumbered as subsection (3), and subsections (2)
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and (3) of that section are amended to read:
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1004.06 Prohibited expenditures.—
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(2) A Florida College System institution, state
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university, Florida College System institution direct-support
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organization, or state university direct-support organization
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may, and is encouraged to, develop programs and campus
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activities anchored in the principles of diversity, equity, and
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inclusion. Programs and courses may not expend any state or
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federal funds to promote, support, or maintain any such programs
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or campus activities that:
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(a) Violate s. 1000.05; or
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(b) Advocate for diversity, equity, and inclusion, or
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promote or engage in political or social activism, as defined by
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rules of the State Board of Education and regulations of the
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Board of Governors.
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Student fees to support student-led organizations are permitted
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notwithstanding any speech or expressive activity by such
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organizations which would otherwise violate this subsection,
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provided that the public funds must be allocated to student-led
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organizations pursuant to written policies or regulations of
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each Florida College System institution or state university, as
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applicable. Use of institution facilities by student-led
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organizations is permitted notwithstanding any speech or
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expressive activity by such organizations which would otherwise
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violate this subsection, provided that such use must be granted
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to student-led organizations pursuant to written policies or
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regulations of each Florida College System institution or state
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university, as applicable.
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(3) Subsection (2) does not prohibit programs, campus
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activities, or functions required for compliance with general or
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federal laws or regulations; for obtaining or retaining
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institutional or discipline-specific accreditation with the
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approval of either the State Board of Education or the Board of
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Governors; or for access programs for military veterans, Pell
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Grant recipients, first generation college students,
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nontraditional students, "2+2" transfer students from the
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Florida College System, students from low-income families, or
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students with unique abilities.
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Section 9. Paragraphs (a) and (d) of subsection (2) of
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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)(d) 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, s. 1003.42(2)(n)1.g., or s. 1003.42(2)(n)3., or
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identified by State 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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(III)(IV) Is inappropriate for the grade level and age
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group for which the material is used.
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Any material that is subject to an objection on the basis of
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sub-sub-subparagraph b.(I) or sub-sub-subparagraph b.(II) must
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be removed within 5 school days of 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. If the district school board finds that any
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material meets the requirements under sub-subparagraph a. or
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that any other material contains prohibited content under sub-
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sub-subparagraph b.(I), the school district shall discontinue
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use 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.(II)-(IV), the school district shall discontinue
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use of the material for any grade level or age group for which
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such use is inappropriate or unsuitable.
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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)(d). 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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(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. Beginning January 1, 2023, school
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librarians, media specialists, and other personnel involved in
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the selection of school district library materials must complete
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the training program developed pursuant to s. 1006.29(6) before
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reviewing and selecting age-appropriate materials and library
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resources. Upon written request, a school district shall provide
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access to any material or book specified in the request that is
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maintained in a district school system library and is available
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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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School libraries may provide materials and information
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presenting all points of view on current and historical issues.
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Materials may not be proscribed or removed because of partisan
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or doctrinal disapproval. The procedures must:
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a. Require that book selections meet the criteria in s.
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1006.40(3)(d).
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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, 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
533
library.
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Section 10. Paragraph (c) of subsection (3) of section
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1007.25, Florida Statutes, is amended to read:
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1007.25 General education courses; common prerequisites;
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other degree requirements.—
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(3) The chair of the State Board of Education and the
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chair of the Board of Governors, or their designees, shall
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jointly appoint faculty committees to review and recommend to
541
the Articulation Coordinating Committee for approval by the
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State Board of Education and the Board of Governors statewide
543
general education core course options for inclusion in the
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statewide course numbering system established under s. 1007.24.
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Faculty committees shall, by July 1, 2024, and by July 1 every 4
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years thereafter, review and submit recommendations to the
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Articulation Coordinating Committee and the commissioner for the
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removal, alignment, realignment, or addition of general
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education core courses that satisfy the requirements of this
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subsection.
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(c) General education core courses may not distort
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significant historical events or include a curriculum that
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teaches identity politics, violates s. 1000.05, or is based on
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theories that systemic racism, sexism, oppression, and privilege
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are inherent in the institutions of the United States and were
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created to maintain social, political, and economic inequities.
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Section 11. This act shall take effect July 1, 2024.
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