Text of FL HB 7 (2022)
Individual Freedom
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As introduced
47,657 characters
HB 7
2022
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A bill to be entitled
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An act relating to individual freedom; amending s.
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760.10, F.S.; providing that subjecting any
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individual, as a condition of employment, membership,
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certification, licensing, credentialing, or passing an
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examination, to training, instruction, or any other
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required activity that espouses, promotes, advances,
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inculcates, or compels such individual to believe
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specified concepts constitutes discrimination based on
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race, color, sex, or national origin; providing
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construction; amending s. 1000.05, F.S.; providing
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that subjecting any student or employee to training or
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instruction that espouses, promotes, advances,
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inculcates, or compels such individual to believe
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specified concepts constitutes discrimination based on
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race, color, sex, or national origin; conforming
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provisions to changes made by the act; amending s.
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1003.42, F.S.; revising the requirements for required
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instruction on health education; requiring such
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instruction to comport with certain principles and
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include certain life skills; requiring civic and
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character education instead of a character development
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program; providing the requirements of such education;
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providing legislative findings; requiring instruction
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to be consistent with specified principles of
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individual freedom; authorizing instructional
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personnel to facilitate discussions and use curricula
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to address, in an age-appropriate manner, specified
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topics; prohibiting classroom instruction and
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curricula from being used to indoctrinate or persuade
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students in a manner inconsistent with certain
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principles or state academic standards; conforming
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cross-references to changes made by the act; amending
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s. 1006.31, F.S.; prohibiting instructional materials
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reviewers from recommending instructional materials
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that contain any matter that contradicts certain
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principles; amending s. 1012.98, F.S.; requiring the
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Department of Education to review school district
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professional development systems for compliance with
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certain provisions of law; amending ss. 1002.20 and
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1006.40, F.S.; conforming cross-references; providing
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an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (8) through (10) of section 760.10,
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Florida Statutes, are renumbered as subsections (9) through
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(11), respectively, and a new subsection (8) is added to that
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section, to read:
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760.10 Unlawful employment practices.—
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(8)(a) Subjecting any individual, as a condition of
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employment, membership, certification, licensing, credentialing,
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or passing an examination, to training, instruction, or any
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other required activity that espouses, promotes, advances,
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inculcates, or compels such individual to believe any of the
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following concepts constitutes discrimination based on race,
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color, sex, or national origin under this section:
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1. Members of one race, color, sex, or national origin are
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morally superior to members of another race, color, sex, or
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national origin.
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2. An individual, by virtue of his or her race, color,
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sex, or national origin, is inherently racist, sexist, or
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oppressive, whether consciously or unconsciously.
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3. An individual'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, sex, or national origin.
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4. Members of one race, color, sex, or national origin
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cannot and should not attempt to treat others without respect to
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race, color, sex, or national origin.
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5. An individual, by virtue of his or her race, color,
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sex, or national origin, 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, sex, or national origin.
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6. An individual, by virtue of his or her race, color,
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sex, or national origin, should be discriminated against or
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receive adverse treatment to achieve diversity, equity, or
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inclusion.
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7. An individual should feel discomfort, guilt, anguish,
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or any other form of psychological distress on account of his or
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her race, color, sex, or national origin.
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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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sex, or national origin to oppress members of another race,
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color, sex, or national origin.
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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 course of
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training or instruction, provided such training or instruction
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is given in an objective manner without endorsement of the
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concepts.
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Section 2. Subsections (4) through (8) of section 1000.05,
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Florida Statutes, are renumbered as subsections (5) through (9),
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respectively, subsections (2) and (3), present subsection (4),
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and paragraph (d) of present subsection (6) are amended, and a
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new subsection (4) is added to that section, 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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(2)(a) Discrimination on the basis of race, color
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ethnicity, national origin, sex gender, disability, religion, or
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marital status against a student or an employee in the state
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system of public K-20 education is prohibited. No person in this
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state shall, on the basis of race, color ethnicity, national
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origin, sex gender, disability, religion, or marital status, be
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excluded from participation in, be denied the benefits of, or be
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subjected to discrimination under any public K-20 education
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program or activity, or in any employment conditions or
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practices, conducted by a public educational institution that
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receives or benefits from federal or state financial assistance.
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(b) The criteria for admission to a program or course
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shall not have the effect of restricting access by persons of a
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particular race, color ethnicity, national origin, sex gender,
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disability, religion, or marital status.
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(c) All public K-20 education classes shall be available
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to all students without regard to race, color ethnicity,
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national origin, sex gender, disability, religion, or marital
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status; however, this is not intended to eliminate the provision
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of programs designed to meet the needs of students with limited
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proficiency in English, gifted students, or students with
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disabilities or programs tailored to students with specialized
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talents or skills.
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(d) Students may be separated by sex gender for a single-
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gender program as provided under s. 1002.311, for any portion of
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a class that deals with human reproduction, or during
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participation in bodily contact sports. For the purpose of this
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section, bodily contact sports include wrestling, boxing, rugby,
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ice hockey, football, basketball, and other sports in which the
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purpose or major activity involves bodily contact.
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(e) Guidance services, counseling services, and financial
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assistance services in the state public K-20 education system
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shall be available to students equally. Guidance and counseling
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services, materials, and promotional events shall stress access
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to academic and career opportunities for students without regard
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to race, color ethnicity, national origin, sex gender,
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disability, religion, or marital status.
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(3)(a) No person shall, on the basis of sex gender, be
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excluded from participating in, be denied the benefits of, or be
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treated differently from another person or otherwise be
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discriminated against in any interscholastic, intercollegiate,
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club, or intramural athletics offered by a public K-20
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educational institution; and no public K-20 educational
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institution shall provide athletics separately on such basis.
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(b) Notwithstanding the requirements of paragraph (a), a
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public K-20 educational institution may operate or sponsor
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separate teams for members of each sex gender if the selection
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for such teams is based upon competitive skill or the activity
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involved is a bodily contact sport. However, when a public K-20
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educational institution operates or sponsors a team in a
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particular sport for members of one sex gender but does not
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operate or sponsor such a team for members of the other sex
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gender, and athletic opportunities for that sex gender have
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previously been limited, members of the excluded sex gender must
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be allowed to try out for the team offered.
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(c) This subsection does not prohibit the grouping of
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students in physical education classes and activities by ability
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as assessed by objective standards of individual performance
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developed and applied without regard to sex gender. However,
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when use of a single standard of measuring skill or progress in
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a physical education class has an adverse effect on members of
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one sex gender, the educational institution shall use
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appropriate standards which do not have such effect.
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(d) A public K-20 educational institution which operates
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or sponsors interscholastic, intercollegiate, club, or
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intramural athletics shall provide equal athletic opportunity
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for members of both sexes genders.
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1. The Board of Governors shall determine whether equal
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opportunities are available at state universities.
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2. The Commissioner of Education shall determine whether
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equal opportunities are available in school districts and
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Florida College System institutions. In determining whether
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equal opportunities are available in school districts and
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Florida College System institutions, the Commissioner of
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Education shall consider, among other factors:
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a. Whether the selection of sports and levels of
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competition effectively accommodate the interests and abilities
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of members of both sexes genders.
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b. The provision of equipment and supplies.
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c. Scheduling of games and practice times.
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d. Travel and per diem allowances.
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e. Opportunities to receive coaching and academic
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tutoring.
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f. Assignment and compensation of coaches and tutors.
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g. Provision of locker room, practice, and competitive
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facilities.
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h. Provision of medical and training facilities and
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services.
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i. Provision of housing and dining facilities and
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services.
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j. Publicity.
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Unequal aggregate expenditures for members of each sex gender or
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unequal expenditures for male and female teams if a public
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school or Florida College System institution operates or
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sponsors separate teams do not constitute nonimplementation of
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this subsection, but the Commissioner of Education shall
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consider the failure to provide necessary funds for teams for
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one sex gender in assessing equality of opportunity for members
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of each sex gender.
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(e) A public school or Florida College System institution
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may provide separate toilet, locker room, and shower facilities
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on the basis of gender, but such facilities shall be comparable
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to such facilities provided for students of the other sex
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gender.
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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 should feel discomfort, guilt, anguish, or any
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other form of psychological distress on account of his or her
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race, color, national origin, 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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(5)(4) Public schools and Florida College System
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institutions shall develop and implement methods and strategies
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to increase the participation of students of a particular race,
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color ethnicity, national origin, sex gender, disability, or
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marital status in programs and courses in which students of that
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particular race, color ethnicity, national origin, sex gender,
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disability, or marital status have been traditionally
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underrepresented, including, but not limited to, mathematics,
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science, computer technology, electronics, communications
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technology, engineering, and career education.
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(7)(6) The functions of the Office of Equal Educational
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Opportunity of the Department of Education shall include, but
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are not limited to:
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(d) Conducting studies of the effectiveness of methods and
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strategies designed to increase the participation of students in
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programs and courses in which students of a particular race,
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color ethnicity, national origin, sex gender, disability, or
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marital status have been traditionally underrepresented and
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monitoring the success of students in such programs or courses,
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including performing followup monitoring.
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Section 3. Subsection (3) of section 1003.42, Florida
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Statutes, is renumbered as subsection (4), paragraph (b) of
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subsection (1) and subsection (2) are amended, and a new
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subsection (3) is added to that section, to read:
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1003.42 Required instruction.—
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(1)
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(b) All instructional materials, as defined in s.
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1006.29(2), used to teach reproductive health or any disease,
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including HIV/AIDS, its symptoms, development, and treatment, as
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part of the courses referenced in subsection (4) (3), must be
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annually approved by a district school board in an open, noticed
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public meeting.
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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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(a) The history and content of the Declaration of
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Independence, including national sovereignty, natural law, self-
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evident truth, equality of all persons, limited government,
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popular sovereignty, and inalienable rights of life, liberty,
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and property, and how they form the philosophical foundation of
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our government.
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(b) The history, meaning, significance, and effect of the
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provisions of the Constitution of the United States and
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amendments thereto, with emphasis on each of the 10 amendments
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that make up the Bill of Rights and how the constitution
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provides the structure of our government.
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(c) The arguments in support of adopting our republican
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form of government, as they are embodied in the most important
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of the Federalist Papers.
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(d) Flag education, including proper flag display and flag
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salute.
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(e) The elements of civil government, including the
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primary functions of and interrelationships between the Federal
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Government, the state, and its counties, municipalities, school
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districts, and special districts.
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(f) The history of the United States, including the period
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of discovery, early colonies, the War for Independence, the
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Civil War, the expansion of the United States to its present
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boundaries, the world wars, and the civil rights movement to the
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present. American history shall be viewed as factual, not as
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constructed, shall be viewed as knowable, teachable, and
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testable, and shall be defined as the creation of a new nation
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based largely on the universal principles stated in the
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Declaration of Independence.
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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(8) s. 1000.05(7), 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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(h) The history of African Americans, including the
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history of African peoples before the political conflicts that
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led to the development of slavery, the passage to America, the
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enslavement experience, abolition, and the contributions of
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African Americans to society. Instructional materials shall
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include the contributions of African Americans to American
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society.
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(i) The elementary principles of agriculture.
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(j) The true effects of all alcoholic and intoxicating
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liquors and beverages and narcotics upon the human body and
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mind.
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(k) Kindness to animals.
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(l) The history of the state.
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(m) The conservation of natural resources.
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(n)1. Comprehensive age-appropriate and developmentally
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appropriate K-12 instruction on: health education that addresses
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1. Health education that addresses concepts of community
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health, consumer health, environmental health, and family life,
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including:
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a. Mental and emotional health.
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a.b. Injury prevention and safety.
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b.c. Internet safety.
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c.d. Nutrition.
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d.e. Personal health.
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e.f. Prevention and control of disease.
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f.g. Substance use and abuse.
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g.h. Prevention of child sexual abuse, exploitation, and
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human trafficking.
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2. The health education curriculum For students in grades
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7 through 12, shall include a teen dating violence and abuse.
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This component must include that includes, but is not be limited
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to, the definition of dating violence and abuse, the warning
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signs of dating violence and abusive behavior, the
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characteristics of healthy relationships, measures to prevent
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and stop dating violence and abuse, and community resources
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available to victims of dating violence and abuse.
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3. The health education curriculum For students in grades
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6 through 12, shall include an awareness of the benefits of
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sexual abstinence as the expected standard and the consequences
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of teenage pregnancy.
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4. Life skills that build confidence, support mental and
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emotional health, and enable students to overcome challenges,
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including:
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a. Self-awareness and self-management.
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b. Responsible decisionmaking.
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c. Resiliency.
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d. Relationship skills and conflict resolution.
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e. Understanding and respecting other viewpoints and
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backgrounds.
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f. For grades 9 through 12, developing leadership skills,
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interpersonal skills, organization skills, and research skills;
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creating a resume, including a digital resume; exploring career
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pathways; using state career planning resources; developing and
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practicing the skills necessary for employment interviews;
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workplace ethics and workplace law; managing stress and
393
expectations; and self-motivation.
394
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Health education and life skills instruction and materials may
396
not contradict the principles enumerated in subsection (3).
397
(o) Such additional materials, subjects, courses, or
398
fields in such grades as are prescribed by law or by rules of
399
the State Board of Education and the district school board in
400
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fulfilling the requirements of law.
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(p) The study of Hispanic contributions to the United
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States.
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(q) The study of women's contributions to the United
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States.
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(r) The nature and importance of free enterprise to the
406
United States economy.
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(s) Civic and character education on A character
408
development program in the elementary schools, similar to
409
Character First or Character Counts, which is secular in nature.
410
Beginning in school year 2004-2005, the character development
411
program shall be required in kindergarten through grade 12. Each
412
district school board shall develop or adopt a curriculum for
413
the character development program that shall be submitted to the
414
department for approval.
415
1. The character development curriculum shall stress the
416
qualities and responsibilities of patriotism and;
417
responsibility; citizenship, including,; kindness; respect for
418
authority, life, liberty, and personal property; honesty;
419
charity; self-control; racial, ethnic, and religious tolerance;
420
and cooperation and,.
421
2. The character development curriculum for grades 9
422
through 12 shall, at a minimum, include instruction on
423
developing leadership skills, interpersonal skills, organization
424
skills, and research skills; creating a resume, including a
425
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digital resume; exploring career pathways; using state career
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planning resources; developing and practicing the skills
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necessary for employment interviews; conflict resolution,
428
workplace ethics, and workplace law; managing stress and
429
expectations; and developing skills that enable students to
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become more resilient and self-motivated.
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3. The character development curriculum for grades 11 and
432
12, shall include instruction on voting using the uniform
433
primary and general election ballot described in s. 101.151(9).
434
(t) In order to encourage patriotism, the sacrifices that
435
veterans and Medal of Honor recipients have made in serving our
436
country and protecting democratic values worldwide. Such
437
instruction must occur on or before Medal of Honor Day,
438
Veterans' Day, and Memorial Day. Members of the instructional
439
staff are encouraged to use the assistance of local veterans and
440
Medal of Honor recipients when practicable.
441
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The State Board of Education is encouraged to adopt standards
443
and pursue assessment of the requirements of this subsection.
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Instructional programming A character development program that
445
incorporates the values of the recipients of the Congressional
446
Medal of Honor and that is offered as part of a social studies,
447
English Language Arts, or other schoolwide character building
448
and veteran awareness initiative meets the requirements of
449
paragraph (t) paragraphs (s) and (t).
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(3) The Legislature acknowledges the fundamental truth
451
that all persons are equal before the law and have inalienable
452
rights. Accordingly, instruction and supporting materials on the
453
topics enumerated in this section must be consistent with the
454
following principles of individual freedom:
455
(a) No person is inherently racist, sexist, or oppressive,
456
whether consciously or unconsciously, solely by virtue of his or
457
her race or sex.
458
(b) No race is inherently superior to another race.
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(c) No person should be discriminated against or receive
460
adverse treatment solely or partly on the basis of race, color,
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national origin, religion, disability, or sex.
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(d) Meritocracy or traits such as a hard work ethic are
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not racist but fundamental to the right to pursue happiness and
464
be rewarded for industry.
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(e) A person, by virtue of his or her race or sex, does
466
not bear responsibility for actions committed in the past by
467
other members of the same race or sex.
468
(f) A person should not be made to feel discomfort, guilt,
469
anguish, or any other form of psychological distress on account
470
of his or her race.
471
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Instructional personnel may facilitate discussions and use
473
curricula to address, in an age-appropriate manner, how the
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freedoms of persons have been infringed by sexism, slavery,
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racial oppression, racial segregation, and racial
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discrimination, including topics relating to the enactment and
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enforcement of laws resulting in sexism, racial oppression,
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racial segregation, and racial discrimination. However,
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classroom instruction and curriculum may not be used to
480
indoctrinate or persuade students to a particular point of view
481
inconsistent with the principles of this subsection or state
482
academic standards.
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Section 4. Paragraph (d) of subsection (2) of section
484
1006.31, Florida Statutes, is amended to read:
485
1006.31 Duties of the Department of Education and school
486
district instructional materials reviewer.—The duties of the
487
instructional materials reviewer are:
488
(2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To use the
489
selection criteria listed in s. 1006.34(2)(b) and recommend for
490
adoption only those instructional materials aligned with the
491
Next Generation Sunshine State Standards provided for in s.
492
1003.41. Instructional materials recommended by each reviewer
493
shall be, to the satisfaction of each reviewer, accurate,
494
objective, balanced, noninflammatory, current, free of
495
pornography and material prohibited under s. 847.012, and suited
496
to student needs and their ability to comprehend the material
497
presented. Reviewers shall consider for recommendation materials
498
developed for academically talented students, such as students
499
enrolled in advanced placement courses. When recommending
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instructional materials, each reviewer shall:
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(d) Require, when appropriate to the comprehension of
502
students, that materials for social science, history, or civics
503
classes contain the Declaration of Independence and the
504
Constitution of the United States. A reviewer may not recommend
505
any instructional materials that contain any matter reflecting
506
unfairly upon persons because of their race, color, creed,
507
national origin, ancestry, gender, religion, disability,
508
socioeconomic status, or occupation or otherwise contradict the
509
principles enumerated under s. 1003.42(3).
510
Section 5. Paragraph (b) of subsection (4) of section
511
1012.98, Florida Statutes, is amended to read:
512
1012.98 School Community Professional Development Act.—
513
(4) The Department of Education, school districts,
514
schools, Florida College System institutions, and state
515
universities share the responsibilities described in this
516
section. These responsibilities include the following:
517
(b) Each school district shall develop a professional
518
development system as specified in subsection (3). The system
519
shall be developed in consultation with teachers, teacher-
520
educators of Florida College System institutions and state
521
universities, business and community representatives, and local
522
education foundations, consortia, and professional
523
organizations. The professional development system must:
524
1. Be reviewed and approved by the department for
525
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compliance with s. 1003.42(3) and this section. All substantial
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revisions to the system shall be submitted to the department for
527
review for continued approval.
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2. Be based on analyses of student achievement data and
529
instructional strategies and methods that support rigorous,
530
relevant, and challenging curricula for all students. Schools
531
and districts, in developing and refining the professional
532
development system, shall also review and monitor school
533
discipline data; school environment surveys; assessments of
534
parental satisfaction; performance appraisal data of teachers,
535
managers, and administrative personnel; and other performance
536
indicators to identify school and student needs that can be met
537
by improved professional performance.
538
3. Provide inservice activities coupled with followup
539
support appropriate to accomplish district-level and school-
540
level improvement goals and standards. The inservice activities
541
for instructional personnel shall focus on analysis of student
542
achievement data, ongoing formal and informal assessments of
543
student achievement, identification and use of enhanced and
544
differentiated instructional strategies that emphasize rigor,
545
relevance, and reading in the content areas, enhancement of
546
subject content expertise, integrated use of classroom
547
technology that enhances teaching and learning, classroom
548
management, parent involvement, and school safety.
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4. Provide inservice activities and support targeted to
550
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the individual needs of new teachers participating in the
551
professional development certification and education competency
552
program under s. 1012.56(8)(a).
553
5. Include a master plan for inservice activities,
554
pursuant to rules of the State Board of Education, for all
555
district employees from all fund sources. The master plan shall
556
be updated annually by September 1, must be based on input from
557
teachers and district and school instructional leaders, and must
558
use the latest available student achievement data and research
559
to enhance rigor and relevance in the classroom. Each district
560
inservice plan must be aligned to and support the school-based
561
inservice plans and school improvement plans pursuant to s.
562
1001.42(18). Each district inservice plan must provide a
563
description of the training that middle grades instructional
564
personnel and school administrators receive on the district's
565
code of student conduct adopted pursuant to s. 1006.07;
566
integrated digital instruction and competency-based instruction
567
and CAPE Digital Tool certificates and CAPE industry
568
certifications; classroom management; student behavior and
569
interaction; extended learning opportunities for students; and
570
instructional leadership. District plans must be approved by the
571
district school board annually in order to ensure compliance
572
with subsection (1) and to allow for dissemination of research-
573
based best practices to other districts. District school boards
574
must submit verification of their approval to the Commissioner
575
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of Education no later than October 1, annually. Each school
576
principal may establish and maintain an individual professional
577
development plan for each instructional employee assigned to the
578
school as a seamless component to the school improvement plans
579
developed pursuant to s. 1001.42(18). An individual professional
580
development plan must be related to specific performance data
581
for the students to whom the teacher is assigned, define the
582
inservice objectives and specific measurable improvements
583
expected in student performance as a result of the inservice
584
activity, and include an evaluation component that determines
585
the effectiveness of the professional development plan.
586
6. Include inservice activities for school administrative
587
personnel that address updated skills necessary for
588
instructional leadership and effective school management
589
pursuant to s. 1012.986.
590
7. Provide for systematic consultation with regional and
591
state personnel designated to provide technical assistance and
592
evaluation of local professional development programs.
593
8. Provide for delivery of professional development by
594
distance learning and other technology-based delivery systems to
595
reach more educators at lower costs.
596
9. Provide for the continuous evaluation of the quality
597
and effectiveness of professional development programs in order
598
to eliminate ineffective programs and strategies and to expand
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effective ones. Evaluations must consider the impact of such
600
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activities on the performance of participating educators and
601
their students' achievement and behavior.
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10. For middle grades, emphasize:
603
a. Interdisciplinary planning, collaboration, and
604
instruction.
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b. Alignment of curriculum and instructional materials to
606
the state academic standards adopted pursuant to s. 1003.41.
607
c. Use of small learning communities; problem-solving,
608
inquiry-driven research and analytical approaches for students;
609
strategies and tools based on student needs; competency-based
610
instruction; integrated digital instruction; and project-based
611
instruction.
612
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Each school that includes any of grades 6, 7, or 8 must include
614
in its school improvement plan, required under s. 1001.42(18), a
615
description of the specific strategies used by the school to
616
implement each item listed in this subparagraph.
617
11. Provide training to reading coaches, classroom
618
teachers, and school administrators in effective methods of
619
identifying characteristics of conditions such as dyslexia and
620
other causes of diminished phonological processing skills;
621
incorporating instructional techniques into the general
622
education setting which are proven to improve reading
623
performance for all students; and using predictive and other
624
data to make instructional decisions based on individual student
625
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needs. The training must help teachers integrate phonemic
626
awareness; phonics, word study, and spelling; reading fluency;
627
vocabulary, including academic vocabulary; and text
628
comprehension strategies into an explicit, systematic, and
629
sequential approach to reading instruction, including
630
multisensory intervention strategies. Each district must provide
631
all elementary grades instructional personnel access to training
632
sufficient to meet the requirements of s. 1012.585(3)(f).
633
Section 6. Paragraph (d) of subsection (3) of section
634
1002.20, Florida Statutes, is amended to read:
635
1002.20 K-12 student and parent rights.—Parents of public
636
school students must receive accurate and timely information
637
regarding their child's academic progress and must be informed
638
of ways they can help their child to succeed in school. K-12
639
students and their parents are afforded numerous statutory
640
rights including, but not limited to, the following:
641
(3) HEALTH ISSUES.—
642
(d) Reproductive health and disease education.—A public
643
school student whose parent makes written request to the school
644
principal shall be exempted from the teaching of reproductive
645
health or any disease, including HIV/AIDS, in accordance with s.
646
1003.42(4) s. 1003.42(3). Each school district shall, on the
647
district's website homepage, notify parents of this right and
648
the process to request an exemption. The homepage must include a
649
link for a student's parent to access and review the
650
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instructional materials, as defined in s. 1006.29(2), used to
651
teach the curriculum.
652
Section 7. Paragraph (b) of subsection (4) of section
653
1006.40, Florida Statutes, is amended to read:
654
1006.40 Use of instructional materials allocation;
655
instructional materials, library books, and reference books;
656
repair of books.—
657
(4) Each district school board is responsible for the
658
content of all materials used in a classroom or otherwise made
659
available to students. Each district school board shall adopt
660
rules, and each district school superintendent shall implement
661
procedures, that:
662
(b) Provide a process for public review of, public comment
663
on, and the adoption of instructional materials, including
664
instructional materials used to teach reproductive health or any
665
disease, including HIV/AIDS, under ss. 1003.42(4) and 1003.46
666
ss. 1003.42(3) and 1003.46, which satisfies the requirements of
667
s. 1006.283(2)(b)8., 9., and 11.
668
Section 8. This act shall take effect July 1, 2022.
669
As enrolled or final
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An act relating to individual freedom; amending s.
2
760.10, F.S.; providing that subjecting any
3
individual, as a condition of employment, membership,
4
certification, licensing, credentialing, or passing an
5
examination, to training, instruction, or any other
6
required activity that espouses, promotes, advances,
7
inculcates, or compels such individual to believe
8
specified concepts constitutes discrimination based on
9
race, color, sex, or national origin; providing
10
construction; amending s. 1000.05, F.S.; providing
11
that subjecting any student or employee to training or
12
instruction that espouses, promotes, advances,
13
inculcates, or compels such individual to believe
14
specified concepts constitutes discrimination based on
15
race, color, sex, or national origin; conforming
16
provisions to changes made by the act; amending s.
17
1003.42, F.S.; revising requirements for required
18
instruction on the history of African Americans;
19
authorizing instructional personnel to facilitate
20
discussions and use curricula to address, in an age-
21
appropriate manner, specified topics; prohibiting
22
classroom instruction and curricula from being used to
23
indoctrinate or persuade students in a manner
24
inconsistent with certain principles or state academic
25
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standards; requiring the department to prepare and
26
offer certain standards and curriculum; authorizing
27
the department to seek input from a specified
28
organization for certain purposes; revising the
29
requirements for required instruction on health
30
education; requiring such instruction to comport with
31
certain principles and include certain life skills;
32
requiring civic and character education instead of a
33
character development program; providing the
34
requirements of such education; providing legislative
35
findings; requiring instruction to be consistent with
36
specified principles of individual freedom;
37
authorizing instructional personnel to facilitate
38
discussions and use curricula to address, in an age-
39
appropriate manner, specified topics; prohibiting
40
classroom instruction and curricula from being used to
41
indoctrinate or persuade students in a manner
42
inconsistent with certain principles or state academic
43
standards; conforming cross-references to changes made
44
by the act; requiring the State Board of Education to
45
adopt a specified curriculum to be made available to
46
schools for a certain purpose; amending s. 1006.31,
47
F.S.; prohibiting instructional materials reviewers
48
from recommending instructional materials that contain
49
any matter that contradicts certain principles;
50
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amending s. 1012.98, F.S.; requiring the Department of
51
Education to review school district professional
52
development systems for compliance with certain
53
provisions of law; amending ss. 1002.20 and 1006.40,
54
F.S.; conforming cross-references; providing an
55
effective date.
56
57
Be It Enacted by the Legislature of the State of Florida:
58
59
Section 1. Subsections (8) through (10) of section 760.10,
60
Florida Statutes, are renumbered as subsections (9) through
61
(11), respectively, and a new subsection (8) is added to that
62
section, to read:
63
760.10 Unlawful employment practices.—
64
(8)(a) Subjecting any individual, as a condition of
65
employment, membership, certification, licensing, credentialing,
66
or passing an examination, to training, instruction, or any
67
other required activity that espouses, promotes, advances,
68
inculcates, or compels such individual to believe any of the
69
following concepts constitutes discrimination based on race,
70
color, sex, or national origin under this section:
71
1. Members of one race, color, sex, or national origin are
72
morally superior to members of another race, color, sex, or
73
national origin.
74
2. An individual, by virtue of his or her race, color,
75
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sex, or national origin, is inherently racist, sexist, or
76
oppressive, whether consciously or unconsciously.
77
3. An individual's moral character or status as either
78
privileged or oppressed is necessarily determined by his or her
79
race, color, sex, or national origin.
80
4. Members of one race, color, sex, or national origin
81
cannot and should not attempt to treat others without respect to
82
race, color, sex, or national origin.
83
5. An individual, by virtue of his or her race, color,
84
sex, or national origin, bears responsibility for, or should be
85
discriminated against or receive adverse treatment because of,
86
actions committed in the past by other members of the same race,
87
color, sex, or national origin.
88
6. An individual, by virtue of his or her race, color,
89
sex, or national origin, should be discriminated against or
90
receive adverse treatment to achieve diversity, equity, or
91
inclusion.
92
7. An individual, by virtue of his or her race, color,
93
sex, or national origin, bears personal responsibility for and
94
must feel guilt, anguish, or other forms of psychological
95
distress because of actions, in which the individual played no
96
part, committed in the past by other members of the same race,
97
color, sex, or national origin.
98
8. Such virtues as merit, excellence, hard work, fairness,
99
neutrality, objectivity, and racial colorblindness are racist or
100
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sexist, or were created by members of a particular race, color,
101
sex, or national origin to oppress members of another race,
102
color, sex, or national origin.
103
(b) Paragraph (a) may not be construed to prohibit
104
discussion of the concepts listed therein as part of a course of
105
training or instruction, provided such training or instruction
106
is given in an objective manner without endorsement of the
107
concepts.
108
Section 2. Subsections (4) through (8) of section 1000.05,
109
Florida Statutes, are renumbered as subsections (5) through (9),
110
respectively, subsections (2) and (3), present subsection (4),
111
and paragraph (d) of present subsection (6) are amended, and a
112
new subsection (4) is added to that section, to read:
113
1000.05 Discrimination against students and employees in
114
the Florida K-20 public education system prohibited; equality of
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access required.—
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(2)(a) Discrimination on the basis of race, color
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ethnicity, national origin, sex gender, disability, religion, or
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marital status against a student or an employee in the state
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system of public K-20 education is prohibited. No person in this
120
state shall, on the basis of race, color ethnicity, national
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origin, sex gender, disability, religion, or marital status, be
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excluded from participation in, be denied the benefits of, or be
123
subjected to discrimination under any public K-20 education
124
program or activity, or in any employment conditions or
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practices, conducted by a public educational institution that
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receives or benefits from federal or state financial assistance.
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(b) The criteria for admission to a program or course
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shall not have the effect of restricting access by persons of a
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particular race, color ethnicity, national origin, sex gender,
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disability, religion, or marital status.
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(c) All public K-20 education classes shall be available
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to all students without regard to race, color ethnicity,
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national origin, sex gender, disability, religion, or marital
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status; however, this is not intended to eliminate the provision
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of programs designed to meet the needs of students with limited
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proficiency in English, gifted students, or students with
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disabilities or programs tailored to students with specialized
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talents or skills.
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(d) Students may be separated by sex gender for a single-
140
gender program as provided under s. 1002.311, for any portion of
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a class that deals with human reproduction, or during
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participation in bodily contact sports. For the purpose of this
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section, bodily contact sports include wrestling, boxing, rugby,
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ice hockey, football, basketball, and other sports in which the
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purpose or major activity involves bodily contact.
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(e) Guidance services, counseling services, and financial
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assistance services in the state public K-20 education system
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shall be available to students equally. Guidance and counseling
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services, materials, and promotional events shall stress access
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to academic and career opportunities for students without regard
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to race, color ethnicity, national origin, sex gender,
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disability, religion, or marital status.
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(3)(a) No person shall, on the basis of sex gender, be
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excluded from participating in, be denied the benefits of, or be
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treated differently from another person or otherwise be
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discriminated against in any interscholastic, intercollegiate,
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club, or intramural athletics offered by a public K-20
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educational institution; and no public K-20 educational
159
institution shall provide athletics separately on such basis.
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(b) Notwithstanding the requirements of paragraph (a), a
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public K-20 educational institution may operate or sponsor
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separate teams for members of each sex gender if the selection
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for such teams is based upon competitive skill or the activity
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involved is a bodily contact sport. However, when a public K-20
165
educational institution operates or sponsors a team in a
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particular sport for members of one sex gender but does not
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operate or sponsor such a team for members of the other sex
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gender, and athletic opportunities for that sex gender have
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previously been limited, members of the excluded sex gender must
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be allowed to try out for the team offered.
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(c) This subsection does not prohibit the grouping of
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students in physical education classes and activities by ability
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as assessed by objective standards of individual performance
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developed and applied without regard to sex gender. However,
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when use of a single standard of measuring skill or progress in
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a physical education class has an adverse effect on members of
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one sex gender, the educational institution shall use
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appropriate standards which do not have such effect.
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(d) A public K-20 educational institution which operates
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or sponsors interscholastic, intercollegiate, club, or
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intramural athletics shall provide equal athletic opportunity
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for members of both sexes genders.
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1. The Board of Governors shall determine whether equal
184
opportunities are available at state universities.
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2. The Commissioner of Education shall determine whether
186
equal opportunities are available in school districts and
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Florida College System institutions. In determining whether
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equal opportunities are available in school districts and
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Florida College System institutions, the Commissioner of
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Education shall consider, among other factors:
191
a. Whether the selection of sports and levels of
192
competition effectively accommodate the interests and abilities
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of members of both sexes genders.
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b. The provision of equipment and supplies.
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c. Scheduling of games and practice times.
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d. Travel and per diem allowances.
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e. Opportunities to receive coaching and academic
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tutoring.
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f. Assignment and compensation of coaches and tutors.
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g. Provision of locker room, practice, and competitive
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facilities.
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h. Provision of medical and training facilities and
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services.
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i. Provision of housing and dining facilities and
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services.
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j. Publicity.
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Unequal aggregate expenditures for members of each sex gender or
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unequal expenditures for male and female teams if a public
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school or Florida College System institution operates or
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sponsors separate teams do not constitute nonimplementation of
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this subsection, but the Commissioner of Education shall
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consider the failure to provide necessary funds for teams for
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one sex gender in assessing equality of opportunity for members
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of each sex gender.
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(e) A public school or Florida College System institution
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may provide separate toilet, locker room, and shower facilities
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on the basis of gender, but such facilities shall be comparable
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to such facilities provided for students of the other sex
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gender.
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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
230
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
233
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
236
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,
241
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
244
origin, or sex should be discriminated against or receive
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adverse treatment to achieve diversity, equity, or inclusion.
246
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
249
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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(5)(4) Public schools and Florida College System
263
institutions shall develop and implement methods and strategies
264
to increase the participation of students of a particular race,
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color ethnicity, national origin, sex gender, disability, or
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marital status in programs and courses in which students of that
267
particular race, color ethnicity, national origin, sex gender,
268
disability, or marital status have been traditionally
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underrepresented, including, but not limited to, mathematics,
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science, computer technology, electronics, communications
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technology, engineering, and career education.
272
(7)(6) The functions of the Office of Equal Educational
273
Opportunity of the Department of Education shall include, but
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are not limited to:
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(d) Conducting studies of the effectiveness of methods and
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strategies designed to increase the participation of students in
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programs and courses in which students of a particular race,
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color ethnicity, national origin, sex gender, disability, or
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marital status have been traditionally underrepresented and
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monitoring the success of students in such programs or courses,
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including performing followup monitoring.
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Section 3. Subsection (3) of section 1003.42, Florida
283
Statutes, is renumbered as subsection (5), paragraph (b) of
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subsection (1) and subsection (2) are amended, and a new
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subsection (3) and subsection (4) are added to that section, to
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read:
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1003.42 Required instruction.—
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(1)
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(b) All instructional materials, as defined in s.
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1006.29(2), used to teach reproductive health or any disease,
291
including HIV/AIDS, its symptoms, development, and treatment, as
292
part of the courses referenced in subsection (5) (3), must be
293
annually approved by a district school board in an open, noticed
294
public meeting.
295
(2) Members of the instructional staff of the public
296
schools, subject to the rules of the State Board of Education
297
and the district school board, shall teach efficiently and
298
faithfully, using the books and materials required that meet the
299
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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(a) The history and content of the Declaration of
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Independence, including national sovereignty, natural law, self-
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evident truth, equality of all persons, limited government,
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popular sovereignty, and inalienable rights of life, liberty,
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and property, and how they form the philosophical foundation of
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our government.
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(b) The history, meaning, significance, and effect of the
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provisions of the Constitution of the United States and
310
amendments thereto, with emphasis on each of the 10 amendments
311
that make up the Bill of Rights and how the constitution
312
provides the structure of our government.
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(c) The arguments in support of adopting our republican
314
form of government, as they are embodied in the most important
315
of the Federalist Papers.
316
(d) Flag education, including proper flag display and flag
317
salute.
318
(e) The elements of civil government, including the
319
primary functions of and interrelationships between the Federal
320
Government, the state, and its counties, municipalities, school
321
districts, and special districts.
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(f) The history of the United States, including the period
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of discovery, early colonies, the War for Independence, the
324
Civil War, the expansion of the United States to its present
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boundaries, the world wars, and the civil rights movement to the
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present. American history shall be viewed as factual, not as
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constructed, shall be viewed as knowable, teachable, and
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testable, and shall be defined as the creation of a new nation
329
based largely on the universal principles stated in the
330
Declaration of Independence.
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(g)1. The history of the Holocaust (1933-1945), the
332
systematic, planned annihilation of European Jews and other
333
groups by Nazi Germany, a watershed event in the history of
334
humanity, to be taught in a manner that leads to an
335
investigation of human behavior, an understanding of the
336
ramifications of prejudice, racism, and stereotyping, and an
337
examination of what it means to be a responsible and respectful
338
person, for the purposes of encouraging tolerance of diversity
339
in a pluralistic society and for nurturing and protecting
340
democratic values and institutions, including the policy,
341
definition, and historical and current examples of anti-
342
Semitism, as described in s. 1000.05(8) s. 1000.05(7), and the
343
prevention of anti-Semitism. Each school district must annually
344
certify and provide evidence to the department, in a manner
345
prescribed by the department, that the requirements of this
346
paragraph are met. The department shall prepare and offer
347
standards and curriculum for the instruction required by this
348
paragraph and may seek input from the Commissioner of
349
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
352
recognized Holocaust educational organizations to develop
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training for instructional personnel and grade-appropriate
354
classroom resources to support the developed curriculum.
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2. The second week in November shall be designated as
356
"Holocaust Education Week" in this state in recognition that
357
November is the anniversary of Kristallnacht, widely recognized
358
as a precipitating event that led to the Holocaust.
359
(h) The history of African Americans, including the
360
history of African peoples before the political conflicts that
361
led to the development of slavery, the passage to America, the
362
enslavement experience, abolition, and the history and
363
contributions of African Americans of the African diaspora to
364
society. Students shall develop an understanding of the
365
ramifications of prejudice, racism, and stereotyping on
366
individual freedoms, and examine what it means to be a
367
responsible and respectful person, for the purpose of
368
encouraging tolerance of diversity in a pluralistic society and
369
for nurturing and protecting democratic values and institutions.
370
Instruction shall include the roles and contributions of
371
individuals from all walks of life and their endeavors to learn
372
and thrive throughout history as artists, scientists, educators,
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businesspeople, influential thinkers, members of the faith
374
community, and political and governmental leaders and the
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courageous steps they took to fulfill the promise of democracy
376
and unite the nation. Instructional materials shall include the
377
vital contributions of African Americans to build and strengthen
378
American society and celebrate the inspirational stories of
379
African Americans who prospered, even in the most difficult
380
circumstances. Instructional personnel may facilitate
381
discussions and use curricula to address, in an age-appropriate
382
manner, how the individual freedoms of persons have been
383
infringed by slavery, racial oppression, racial segregation, and
384
racial discrimination, as well as topics relating to the
385
enactment and enforcement of laws resulting in racial
386
oppression, racial segregation, and racial discrimination and
387
how recognition of these freedoms has overturned these unjust
388
laws. However, classroom instruction and curriculum may not be
389
used to indoctrinate or persuade students to a particular point
390
of view inconsistent with the principles enumerated in
391
subsection (3) or the state academic standards. The department
392
shall prepare and offer standards and curriculum for the
393
instruction required by this paragraph and may seek input from
394
the Commissioner of Education's African American History Task
395
Force.
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(i) The elementary principles of agriculture.
397
(j) The true effects of all alcoholic and intoxicating
398
liquors and beverages and narcotics upon the human body and
399
mind.
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(k) Kindness to animals.
401
(l) The history of the state.
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(m) The conservation of natural resources.
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(n)1. Comprehensive age-appropriate and developmentally
404
appropriate K-12 instruction on: health education that addresses
405
1. Health education that addresses concepts of community
406
health, consumer health, environmental health, and family life,
407
including:
408
a. Mental and emotional health.
409
a.b. Injury prevention and safety.
410
b.c. Internet safety.
411
c.d. Nutrition.
412
d.e. Personal health.
413
e.f. Prevention and control of disease.
414
f.g. Substance use and abuse.
415
g.h. Prevention of child sexual abuse, exploitation, and
416
human trafficking.
417
2. The health education curriculum For students in grades
418
7 through 12, shall include a teen dating violence and abuse.
419
This component must include that includes, but is not be limited
420
to, the definition of dating violence and abuse, the warning
421
signs of dating violence and abusive behavior, the
422
characteristics of healthy relationships, measures to prevent
423
and stop dating violence and abuse, and community resources
424
available to victims of dating violence and abuse.
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3. The health education curriculum For students in grades
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6 through 12, shall include an awareness of the benefits of
427
sexual abstinence as the expected standard and the consequences
428
of teenage pregnancy.
429
4. Life skills that build confidence, support mental and
430
emotional health, and enable students to overcome challenges,
431
including:
432
a. Self-awareness and self-management.
433
b. Responsible decisionmaking.
434
c. Resiliency.
435
d. Relationship skills and conflict resolution.
436
e. Understanding and respecting other viewpoints and
437
backgrounds.
438
f. For grades 9 through 12, developing leadership skills,
439
interpersonal skills, organization skills, and research skills;
440
creating a resume, including a digital resume; exploring career
441
pathways; using state career planning resources; developing and
442
practicing the skills necessary for employment interviews;
443
workplace ethics and workplace law; managing stress and
444
expectations; and self-motivation.
445
446
Health education and life skills instruction and materials may
447
not contradict the principles enumerated in subsection (3).
448
(o) Such additional materials, subjects, courses, or
449
fields in such grades as are prescribed by law or by rules of
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the State Board of Education and the district school board in
451
fulfilling the requirements of law.
452
(p) The study of Hispanic contributions to the United
453
States.
454
(q) The study of women's contributions to the United
455
States.
456
(r) The nature and importance of free enterprise to the
457
United States economy.
458
(s) Civic and character education on A character
459
development program in the elementary schools, similar to
460
Character First or Character Counts, which is secular in nature.
461
Beginning in school year 2004-2005, the character development
462
program shall be required in kindergarten through grade 12. Each
463
district school board shall develop or adopt a curriculum for
464
the character development program that shall be submitted to the
465
department for approval.
466
1. The character development curriculum shall stress the
467
qualities and responsibilities of patriotism and;
468
responsibility; citizenship, including,; kindness; respect for
469
authority, life, liberty, and personal property; honesty;
470
charity; self-control; racial, ethnic, and religious tolerance;
471
and cooperation and,.
472
2. The character development curriculum for grades 9
473
through 12 shall, at a minimum, include instruction on
474
developing leadership skills, interpersonal skills, organization
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skills, and research skills; creating a resume, including a
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digital resume; exploring career pathways; using state career
477
planning resources; developing and practicing the skills
478
necessary for employment interviews; conflict resolution,
479
workplace ethics, and workplace law; managing stress and
480
expectations; and developing skills that enable students to
481
become more resilient and self-motivated.
482
3. The character development curriculum for grades 11 and
483
12, shall include instruction on voting using the uniform
484
primary and general election ballot described in s. 101.151(9).
485
(t) In order to encourage patriotism, the sacrifices that
486
veterans and Medal of Honor recipients have made in serving our
487
country and protecting democratic values worldwide. Such
488
instruction must occur on or before Medal of Honor Day,
489
Veterans' Day, and Memorial Day. Members of the instructional
490
staff are encouraged to use the assistance of local veterans and
491
Medal of Honor recipients when practicable.
492
493
The State Board of Education is encouraged to adopt standards
494
and pursue assessment of the requirements of this subsection.
495
Instructional programming A character development program that
496
incorporates the values of the recipients of the Congressional
497
Medal of Honor and that is offered as part of a social studies,
498
English Language Arts, or other schoolwide character building
499
and veteran awareness initiative meets the requirements of
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paragraph (t) paragraphs (s) and (t).
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(3) The Legislature acknowledges the fundamental truth
502
that all persons are equal before the law and have inalienable
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rights. Accordingly, instruction and supporting materials on the
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topics enumerated in this section must be consistent with the
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following principles of individual freedom:
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(a) No person is inherently racist, sexist, or oppressive,
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whether consciously or unconsciously, solely by virtue of his or
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her race or sex.
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(b) No race is inherently superior to another race.
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(c) No person should be discriminated against or receive
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adverse treatment solely or partly on the basis of race, color,
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national origin, religion, disability, or sex.
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(d) Meritocracy or traits such as a hard work ethic are
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not racist but fundamental to the right to pursue happiness and
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be rewarded for industry.
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(e) A person, by virtue of his or her race or sex, does
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not bear responsibility for actions committed in the past by
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other members of the same race or sex.
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(f) A person should not be instructed that he or she must
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feel guilt, anguish, or other forms of psychological distress
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for actions, in which he or she played no part, committed in the
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past by other members of the same race or sex.
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Instructional personnel may facilitate discussions and use
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curricula to address, in an age-appropriate manner, how the
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freedoms of persons have been infringed by sexism, slavery,
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racial oppression, racial segregation, and racial
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discrimination, including topics relating to the enactment and
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enforcement of laws resulting in sexism, racial oppression,
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racial segregation, and racial discrimination, including how
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recognition of these freedoms have overturned these unjust laws.
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However, classroom instruction and curriculum may not be used to
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indoctrinate or persuade students to a particular point of view
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inconsistent with the principles of this subsection or state
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academic standards.
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(4) The State Board of Education shall develop or adopt a
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curriculum to inspire future generations through motivating
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stories of American history that demonstrate important life
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skills and the principles of individual freedom that enabled
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persons to prosper even in the most difficult circumstances.
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This curriculum shall be known as "Stories of Inspiration" and
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made available to schools to implement the requirements of
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subsection (3).
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Section 4. Paragraph (d) of subsection (2) of section
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1006.31, Florida Statutes, is amended to read:
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1006.31 Duties of the Department of Education and school
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district instructional materials reviewer.—The duties of the
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instructional materials reviewer are:
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(2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To use the
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selection criteria listed in s. 1006.34(2)(b) and recommend for
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adoption only those instructional materials aligned with the
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Next Generation Sunshine State Standards provided for in s.
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1003.41. Instructional materials recommended by each reviewer
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shall be, to the satisfaction of each reviewer, accurate,
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objective, balanced, noninflammatory, current, free of
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pornography and material prohibited under s. 847.012, and suited
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to student needs and their ability to comprehend the material
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presented. Reviewers shall consider for recommendation materials
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developed for academically talented students, such as students
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enrolled in advanced placement courses. When recommending
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instructional materials, each reviewer shall:
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(d) Require, when appropriate to the comprehension of
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students, that materials for social science, history, or civics
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classes contain the Declaration of Independence and the
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Constitution of the United States. A reviewer may not recommend
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any instructional materials that contain any matter reflecting
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unfairly upon persons because of their race, color, creed,
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national origin, ancestry, gender, religion, disability,
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socioeconomic status, or occupation or otherwise contradict the
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principles enumerated under s. 1003.42(3).
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Section 5. Paragraph (b) of subsection (4) of section
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1012.98, Florida Statutes, is amended to read:
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1012.98 School Community Professional Development Act.—
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(4) The Department of Education, school districts,
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schools, Florida College System institutions, and state
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universities share the responsibilities described in this
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section. These responsibilities include the following:
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(b) Each school district shall develop a professional
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development system as specified in subsection (3). The system
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shall be developed in consultation with teachers, teacher-
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educators of Florida College System institutions and state
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universities, business and community representatives, and local
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education foundations, consortia, and professional
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organizations. The professional development system must:
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1. Be reviewed and approved by the department for
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compliance with s. 1003.42(3) and this section. All substantial
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revisions to the system shall be submitted to the department for
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review for continued approval.
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2. Be based on analyses of student achievement data and
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instructional strategies and methods that support rigorous,
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relevant, and challenging curricula for all students. Schools
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and districts, in developing and refining the professional
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development system, shall also review and monitor school
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discipline data; school environment surveys; assessments of
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parental satisfaction; performance appraisal data of teachers,
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managers, and administrative personnel; and other performance
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indicators to identify school and student needs that can be met
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by improved professional performance.
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3. Provide inservice activities coupled with followup
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support appropriate to accomplish district-level and school-
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level improvement goals and standards. The inservice activities
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for instructional personnel shall focus on analysis of student
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achievement data, ongoing formal and informal assessments of
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student achievement, identification and use of enhanced and
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differentiated instructional strategies that emphasize rigor,
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relevance, and reading in the content areas, enhancement of
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subject content expertise, integrated use of classroom
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technology that enhances teaching and learning, classroom
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management, parent involvement, and school safety.
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4. Provide inservice activities and support targeted to
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the individual needs of new teachers participating in the
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professional development certification and education competency
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program under s. 1012.56(8)(a).
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5. Include a master plan for inservice activities,
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pursuant to rules of the State Board of Education, for all
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district employees from all fund sources. The master plan shall
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be updated annually by September 1, must be based on input from
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teachers and district and school instructional leaders, and must
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use the latest available student achievement data and research
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to enhance rigor and relevance in the classroom. Each district
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inservice plan must be aligned to and support the school-based
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inservice plans and school improvement plans pursuant to s.
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1001.42(18). Each district inservice plan must provide a
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description of the training that middle grades instructional
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personnel and school administrators receive on the district's
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code of student conduct adopted pursuant to s. 1006.07;
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integrated digital instruction and competency-based instruction
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and CAPE Digital Tool certificates and CAPE industry
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certifications; classroom management; student behavior and
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interaction; extended learning opportunities for students; and
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instructional leadership. District plans must be approved by the
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district school board annually in order to ensure compliance
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with subsection (1) and to allow for dissemination of research-
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based best practices to other districts. District school boards
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must submit verification of their approval to the Commissioner
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of Education no later than October 1, annually. Each school
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principal may establish and maintain an individual professional
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development plan for each instructional employee assigned to the
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school as a seamless component to the school improvement plans
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developed pursuant to s. 1001.42(18). An individual professional
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development plan must be related to specific performance data
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for the students to whom the teacher is assigned, define the
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inservice objectives and specific measurable improvements
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expected in student performance as a result of the inservice
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activity, and include an evaluation component that determines
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the effectiveness of the professional development plan.
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6. Include inservice activities for school administrative
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personnel that address updated skills necessary for
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instructional leadership and effective school management
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pursuant to s. 1012.986.
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7. Provide for systematic consultation with regional and
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state personnel designated to provide technical assistance and
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evaluation of local professional development programs.
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8. Provide for delivery of professional development by
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distance learning and other technology-based delivery systems to
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reach more educators at lower costs.
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9. Provide for the continuous evaluation of the quality
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and effectiveness of professional development programs in order
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to eliminate ineffective programs and strategies and to expand
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effective ones. Evaluations must consider the impact of such
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activities on the performance of participating educators and
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their students' achievement and behavior.
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10. For middle grades, emphasize:
664
a. Interdisciplinary planning, collaboration, and
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instruction.
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b. Alignment of curriculum and instructional materials to
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the state academic standards adopted pursuant to s. 1003.41.
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c. Use of small learning communities; problem-solving,
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inquiry-driven research and analytical approaches for students;
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strategies and tools based on student needs; competency-based
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instruction; integrated digital instruction; and project-based
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instruction.
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Each school that includes any of grades 6, 7, or 8 must include
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in its school improvement plan, required under s. 1001.42(18), a
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description of the specific strategies used by the school to
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implement each item listed in this subparagraph.
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11. Provide training to reading coaches, classroom
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teachers, and school administrators in effective methods of
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identifying characteristics of conditions such as dyslexia and
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other causes of diminished phonological processing skills;
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incorporating instructional techniques into the general
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education setting which are proven to improve reading
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performance for all students; and using predictive and other
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data to make instructional decisions based on individual student
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needs. The training must help teachers integrate phonemic
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awareness; phonics, word study, and spelling; reading fluency;
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vocabulary, including academic vocabulary; and text
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comprehension strategies into an explicit, systematic, and
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sequential approach to reading instruction, including
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multisensory intervention strategies. Each district must provide
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all elementary grades instructional personnel access to training
693
sufficient to meet the requirements of s. 1012.585(3)(f).
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Section 6. Paragraph (d) of subsection (3) of section
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1002.20, Florida Statutes, is amended to read:
696
1002.20 K-12 student and parent rights.—Parents of public
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school students must receive accurate and timely information
698
regarding their child's academic progress and must be informed
699
of ways they can help their child to succeed in school. K-12
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students and their parents are afforded numerous statutory
701
rights including, but not limited to, the following:
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(3) HEALTH ISSUES.—
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(d) Reproductive health and disease education.—A public
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school student whose parent makes written request to the school
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principal shall be exempted from the teaching of reproductive
706
health or any disease, including HIV/AIDS, in accordance with s.
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1003.42(5) s. 1003.42(3). Each school district shall, on the
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district's website homepage, notify parents of this right and
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the process to request an exemption. The homepage must include a
710
link for a student's parent to access and review the
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instructional materials, as defined in s. 1006.29(2), used to
712
teach the curriculum.
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Section 7. Paragraph (b) of subsection (4) of section
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1006.40, Florida Statutes, is amended to read:
715
1006.40 Use of instructional materials allocation;
716
instructional materials, library books, and reference books;
717
repair of books.—
718
(4) Each district school board is responsible for the
719
content of all materials used in a classroom or otherwise made
720
available to students. Each district school board shall adopt
721
rules, and each district school superintendent shall implement
722
procedures, that:
723
(b) Provide a process for public review of, public comment
724
on, and the adoption of instructional materials, including
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instructional materials used to teach reproductive health or any
726
disease, including HIV/AIDS, under ss. 1003.42(5) and 1003.46
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ss. 1003.42(3) and 1003.46, which satisfies the requirements of
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s. 1006.283(2)(b)8., 9., and 11.
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Section 8. This act shall take effect July 1, 2022.
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