Bill Text: FL S1414 | 2024 | Regular Session | Introduced
Bill Title: Education
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2024-03-08 - Died in Education Pre-K -12 [S1414 Detail]
Download: Florida-2024-S1414-Introduced.html
Florida Senate - 2024 SB 1414 By Senator Davis 5-00611A-24 20241414__ 1 A bill to be entitled 2 An act relating to education; providing a short title; 3 repealing s. 1000.05(4), F.S., relating to prohibited 4 training or instruction in specified concepts which 5 constitutes discrimination on the basis of race, 6 color, national origin, or sex; repealing s. 1000.071, 7 F.S., relating to personal titles and pronouns; 8 amending s. 1001.42, F.S.; prohibiting school 9 districts from adopting a procedure that compels or 10 authorizes school personnel to share certain 11 information with a parent under certain circumstances; 12 deleting a provision authorizing school districts to 13 adopt procedures that permit school personnel to 14 withhold certain information from a parent under 15 certain circumstances; deleting a prohibition against 16 classroom instruction on sexual orientation and gender 17 identity in specified grades; deleting an exception; 18 deleting a provision requiring student support 19 services to adhere to specified guidelines; amending 20 s. 1001.706, F.S.; deleting a requirement for the 21 Board of Governors to include in its review of state 22 university missions a directive to each university 23 regarding its programs for curricula that violate 24 certain provisions; repealing s. 1001.92(5), F.S., 25 relating to an educational institution losing its 26 eligibility for performance funding if a certain 27 violation is substantiated; amending s. 1003.42, F.S.; 28 requiring instruction in LGBTQ history in public 29 schools; conforming a cross-reference; amending s. 30 1004.06, F.S.; authorizing and encouraging Florida 31 College System institutions, state universities, and 32 direct-support organizations to develop programs based 33 on diversity, equity, and inclusion principles; 34 authorizing the expenditure of state or federal funds 35 to promote such programs; deleting a prohibition 36 against Florida College System institutions, state 37 universities, and direct-support organizations 38 expending funds on programs or activities that 39 advocate for diversity, equity, and inclusion or that 40 promote or engage in political or social activism; 41 deleting obsolete language; amending s. 1006.28, F.S.; 42 providing that certain provisions relating to district 43 school board duties and materials made available in 44 schools do not apply to classroom libraries; revising 45 requirements for resolving objections to instructional 46 materials; deleting a requirement that any 47 instructional material that is subject to an objection 48 be removed within 5 school days; deleting a 49 requirement that a school board discontinue use of an 50 instructional material if certain conditions are met; 51 providing that school libraries may provide materials 52 and information presenting all points of view; 53 providing that materials may not be proscribed or 54 removed due to partisan or doctrinal disapproval; 55 amending s. 1007.25, F.S.; deleting certain 56 prohibitions for general education courses; providing 57 an effective date. 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1. This act may be cited as the “Freedom to Learn 62 Act.” 63 Section 2. Subsection (4) of section 1000.05, Florida 64 Statutes, is repealed. 65 Section 3. Section 1000.071, Florida Statutes, is repealed. 66 Section 4. Paragraph (c) of subsection (8) of section 67 1001.42, Florida Statutes, is amended to read: 68 1001.42 Powers and duties of district school board.—The 69 district school board, acting as a board, shall exercise all 70 powers and perform all duties listed below: 71 (8) STUDENT WELFARE.— 72 (c)1. In accordance with the rights of parents enumerated 73 in ss. 1002.20 and 1014.04, adopt procedures for notifying a 74 student’s parent if there is a change in the student’s services 75 or monitoring related to the student’s mental, emotional, or 76 physical health or well-being and the school’s ability to 77 provide a safe and supportive learning environment for the 78 student. The procedures must reinforce the fundamental right of 79 parents to make decisions regarding the upbringing and control 80 of their children by requiring school district personnel to 81 encourage a student to discuss issues relating to his or her 82 well-being with his or her parent or to facilitate discussion of 83 the issue with the parent. The procedures may not prohibit 84 parents from accessing any of their student’s education and 85 health records created, maintained, or used by the school 86 district, as required by s. 1002.22(2). 87 2. A school district may not adopt procedures or student 88 support forms that prohibit school district personnel from 89 notifying a parent about his or her student’s mental, emotional, 90 or physical health or well-being, or a change in related 91 services or monitoring, or that encourage or have the effect of 92 encouraging a student to withhold from a parent such 93 information. School district personnel may not discourage or 94 prohibit parental notification of and involvement in critical 95 decisions affecting a student’s mental, emotional, or physical 96 health or well-being. A school district may not adopt a 97 procedure that compels or authorizes school personnel to provide 98 such information to a parent if a reasonably prudent person 99 would believe that disclosure would result in harm to the 100 student, including, but not limited to,This subparagraph does101not prohibit a school district from adopting procedures that102permit school personnel to withhold such information from a103parent if a reasonably prudent person would believe that104disclosure would result inabuse, abandonment, or neglect, as 105 those terms are defined in s. 39.01. 106 3.Classroom instruction by school personnel or third107parties on sexual orientation or gender identity may not occur108in prekindergarten through grade 8, except when required by ss.1091003.42(2)(n)3. and 1003.46. If such instruction is provided in110grades 9 through 12, the instruction must be age-appropriate or111developmentally appropriate for students in accordance with112state standards. This subparagraph applies to charter schools.1134. Student support services training developed or provided114by a school district to school district personnel must adhere to115student services guidelines, standards, and frameworks116established by the Department of Education.1175.At the beginning of the school year, each school 118 district shall notify parents of each health care service 119 offered at their student’s school and the option to withhold 120 consent or decline any specific service in accordance with s. 121 1014.06. Parental consent to a health care service does not 122 waive the parent’s right to access his or her student’s 123 educational or health records or to be notified about a change 124 in his or her student’s services or monitoring as provided by 125 this paragraph. 126 4.6.Before administering a student well-being 127 questionnaire or health screening form to a student in 128 kindergarten through grade 3, the school district must provide 129 the questionnaire or health screening form to the parent and 130 obtain the permission of the parent. 131 5.7.Each school district shall adopt procedures for a 132 parent to notify the principal, or his or her designee, 133 regarding concerns under this paragraph at his or her student’s 134 school and the process for resolving those concerns within 7 135 calendar days after notification by the parent. 136 a. At a minimum, the procedures must require that within 30 137 days after notification by the parent that the concern remains 138 unresolved, the school district must either resolve the concern 139 or provide a statement of the reasons for not resolving the 140 concern. 141 b. If a concern is not resolved by the school district, a 142 parent may: 143 (I) Request the Commissioner of Education to appoint a 144 special magistrate who is a member of The Florida Bar in good 145 standing and who has at least 5 years’ experience in 146 administrative law. The special magistrate shall determine facts 147 relating to the dispute over the school district procedure or 148 practice, consider information provided by the school district, 149 and render a recommended decision for resolution to the State 150 Board of Education within 30 days after receipt of the request 151 by the parent. The State Board of Education must approve or 152 reject the recommended decision at its next regularly scheduled 153 meeting that is more than 7 calendar days and no more than 30 154 days after the date the recommended decision is transmitted. The 155 costs of the special magistrate shall be borne by the school 156 district. The State Board of Education shall adopt rules, 157 including forms, necessary to implement this subparagraph. 158 (II) Bring an action against the school district to obtain 159 a declaratory judgment that the school district procedure or 160 practice violates this paragraph and seek injunctive relief. A 161 court may award damages and shall award reasonable attorney fees 162 and court costs to a parent who receives declaratory or 163 injunctive relief. 164 c. Each school district shall adopt and post on its website 165 policies to notify parents of the procedures required under this 166 subparagraph. 167 d. Nothing contained in this subparagraph shall be 168 construed to abridge or alter rights of action or remedies in 169 equity already existing under the common law or general law. 170 Section 5. Paragraph (a) of subsection (5) of section 171 1001.706, Florida Statutes, is amended to read: 172 1001.706 Powers and duties of the Board of Governors.— 173 (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.— 174 (a) The Legislature intends that the Board of Governors 175 shall align the missions of each constituent university with the 176 academic success of its students; the existing and emerging 177 economic development needs of the state; the national reputation 178 of its faculty and its academic and research programs; the 179 quantity of externally generated research, patents, and 180 licenses; and the strategic and accountability plans required in 181 paragraphs (b) and (c). The Board of Governors shall 182 periodically review the mission of each constituent university 183 and make updates or revisions as needed. Upon completion of a 184 review of the mission, the board shall review existing academic 185 programs for alignment with the mission.The board shall include186in its review a directive to each constituent university187regarding its programs for any curriculum that violates s.1881000.05 or that is based on theories that systemic racism,189sexism, oppression, and privilege are inherent in the190institutions of the United States and were created to maintain191social, political, and economic inequities.The mission 192 alignment and strategic plan must consider peer institutions at 193 the constituent universities. The mission alignment and 194 strategic plan must acknowledge that universities that have a 195 national and international impact have the greatest capacity to 196 promote the state’s economic development through: new 197 discoveries, patents, licenses, and technologies that generate 198 state businesses of global importance; research achievements 199 through external grants and contracts that are comparable to 200 nationally recognized and ranked universities; the creation of a 201 resource rich academic environment that attracts high-technology 202 business and venture capital to the state; and this generation’s 203 finest minds focusing on solving the state’s economic, social, 204 environmental, and legal problems in the areas of life sciences, 205 water, sustainability, energy, and health care. A nationally 206 recognized and ranked university that has a global perspective 207 and impact must be afforded the opportunity to enable and 208 protect the university’s competitiveness on the global stage in 209 fair competition with other institutions of other states in the 210 highest Carnegie Classification. 211 Section 6. Subsection (5) of section 1001.92, Florida 212 Statutes, is repealed. 213 Section 7. Paragraph (g) of subsection (2) of section 214 1003.42, Florida Statutes, is amended, and paragraph (v) is 215 added to that subsection, to read: 216 1003.42 Required instruction.— 217 (2) Members of the instructional staff of the public 218 schools, subject to the rules of the State Board of Education 219 and the district school board, shall teach efficiently and 220 faithfully, using the books and materials required that meet the 221 highest standards for professionalism and historical accuracy, 222 following the prescribed courses of study, and employing 223 approved methods of instruction, the following: 224 (g)1. The history of the Holocaust (1933-1945), the 225 systematic, planned annihilation of European Jews and other 226 groups by Nazi Germany, a watershed event in the history of 227 humanity, to be taught in a manner that leads to an 228 investigation of human behavior, an understanding of the 229 ramifications of prejudice, racism, and stereotyping, and an 230 examination of what it means to be a responsible and respectful 231 person, for the purposes of encouraging tolerance of diversity 232 in a pluralistic society and for nurturing and protecting 233 democratic values and institutions, including the policy, 234 definition, and historical and current examples of anti 235 Semitism, as described in s. 1000.05(7)s. 1000.05(8), and the 236 prevention of anti-Semitism. Each school district must annually 237 certify and provide evidence to the department, in a manner 238 prescribed by the department, that the requirements of this 239 paragraph are met. The department shall prepare and offer 240 standards and curriculum for the instruction required by this 241 paragraph and may seek input from the Commissioner of 242 Education’s Task Force on Holocaust Education or from any state 243 or nationally recognized Holocaust educational organizations. 244 The department may contract with any state or nationally 245 recognized Holocaust educational organizations to develop 246 training for instructional personnel and grade-appropriate 247 classroom resources to support the developed curriculum. 248 2. The second week in November shall be designated as 249 “Holocaust Education Week” in this state in recognition that 250 November is the anniversary of Kristallnacht, widely recognized 251 as a precipitating event that led to the Holocaust. 252 (v) The study of LGBTQ history in Florida and the LGBTQ 253 community’s contributions to the United States, which may 254 include important United States Supreme Court cases, such as 255 Obergefell v. Hodges and Windsor v. United States; the Florida 256 Legislative Investigation Committee; and the tragedy at Pulse 257 Nightclub. 258 259 The State Board of Education is encouraged to adopt standards 260 and pursue assessment of the requirements of this subsection. 261 Instructional programming that incorporates the values of the 262 recipients of the Congressional Medal of Honor and that is 263 offered as part of a social studies, English Language Arts, or 264 other schoolwide character building and veteran awareness 265 initiative meets the requirements of paragraph (u). 266 Section 8. Subsections (2) and (3) of section 1004.06, 267 Florida Statutes, are amended to read: 268 1004.06 Prohibited expenditures.— 269 (2) A Florida College System institution, state university, 270 Florida College System institution direct-support organization, 271 or state university direct-support organization may, and is 272 encouraged to, develop programs and campus activities anchored 273 in the principles of diversity, equity, and inclusion. Programs 274 and courses maynotexpendanystate or federal funds to 275 promote, support, or maintain any such programs or campus 276 activitiesthat:277(a) Violate s. 1000.05; or278(b) Advocate for diversity, equity, and inclusion, or279promote or engage in political or social activism, as defined by280rules of the State Board of Education and regulations of the281Board of Governors. 282 283 Student fees to support student-led organizations are permitted 284notwithstanding any speech or expressive activity by such285organizations which would otherwise violate this subsection, 286 provided that the public funds must be allocated to student-led 287 organizations pursuant to written policies or regulations of 288 each Florida College System institution or state university, as 289 applicable. Use of institution facilities by student-led 290 organizations is permittednotwithstanding any speech or291expressive activity by such organizations which would otherwise292violate this subsection, provided that such use must be granted 293 to student-led organizations pursuant to written policies or 294 regulations of each Florida College System institution or state 295 university, as applicable. 296(3) Subsection (2) does not prohibit programs, campus297activities, or functions required for compliance with general or298federal laws or regulations; for obtaining or retaining299institutional or discipline-specific accreditation with the300approval of either the State Board of Education or the Board of301Governors; or for access programs for military veterans, Pell302Grant recipients, first generation college students,303nontraditional students, “2+2” transfer students from the304Florida College System, students from low-income families, or305students with unique abilities.306 Section 9. Paragraphs (a) and (d) of subsection (2) of 307 section 1006.28, Florida Statutes, are amended to read: 308 1006.28 Duties of district school board, district school 309 superintendent; and school principal regarding K-12 310 instructional materials.— 311 (2) DISTRICT SCHOOL BOARD.—The district school board has 312 the constitutional duty and responsibility to select and provide 313 adequate instructional materials for all students in accordance 314 with the requirements of this part. The district school board 315 also has the following specific duties and responsibilities: 316 (a) Courses of study; adoption.—Adopt courses of study, 317 including instructional materials, for use in the schools of the 318 district. 319 1. Each district school board is responsible for the 320 content of all instructional materials and any other materials 321 used in a classroom, made available in a schoolor classroom322 library, or included on a reading list, whether adopted and 323 purchased from the state-adopted instructional materials list, 324 adopted and purchased through a district instructional materials 325 program under s. 1006.283, or otherwise purchased or made 326 available. 327 2. Each district school board must adopt a policy regarding 328 an objection by a parentor a resident of the countyto the use 329 of a specific material, which clearly describes a process to 330 handle all objections and provides for resolution. The objection 331 form, as prescribed by State Board of Education rule, and the 332 district school board’s process must be easy to read and 333 understand and be easily accessible on the homepage of the 334 school district’s website. The objection form must also identify 335 the school district point of contact and contact information for 336 the submission of an objection. The process must provide the 337 parentor residentthe opportunity to proffer evidence to the 338 district school board that: 339 a. An instructional material does not meet the criteria of 340 s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 341 a course or otherwise made available to students in the school 342 district but was not subject to the public notice, review, 343 comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 344 and 11. 345 b. Any material used in a classroom, made available in a 346 schoolor classroomlibrary, or included on a reading list 347 contains content which: 348 (I) Is pornographic or prohibited under s. 847.012; 349 (II)Depicts or describes sexual conduct as defined in s.350847.001(19), unless such material is for a course required by s.3511003.46, s. 1003.42(2)(n)1.g., or s. 1003.42(2)(n)3., or352identified by State Board of Education rule;353(III)Is not suited to student needs and their ability to 354 comprehend the material presented; or 355 (III)(IV)Is inappropriate for the grade level and age 356 group for which the material is used. 357 358Any material that is subject to an objection on the basis of359sub-sub-subparagraph b.(I) or sub-sub-subparagraph b.(II) must360be removed within 5 school days of receipt of the objection and361remain unavailable to students of that school until the362objection is resolved.Parents shall have the right to read 363 passages from any material that is subject to an objection.If364the school board denies a parent the right to read passages due365to content that meets the requirements under sub-sub366subparagraph b.(I), the school district shall discontinue the367use of the material. If the district school board finds that any368material meets the requirements under sub-subparagraph a. or369that any other material contains prohibited content under sub370sub-subparagraph b.(I), the school district shall discontinue371use of the material. If the district school board finds that any372other material contains prohibited content under sub-sub373subparagraphs b.(II)-(IV), the school district shall discontinue374use of the material for any grade level or age group for which375such use is inappropriate or unsuitable.376 3. Each district school board must establish a process by 377 which the parent of a public school studentor a resident of the378countymay contest the district school board’s adoption of a 379 specific instructional material. The parentor residentmust 380 file a petition, on a form provided by the school board, within 381 30 calendar days after the adoption of the instructional 382 material by the school board. The school board must make the 383 form available to the public and publish the form on the school 384 district’s website. The form must be signed by the parentor385resident, include the required contact information, and state 386 the objection to the instructional material based on the 387 criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days 388 after the 30-day period has expired, the school board must, for 389 all petitions timely received, conduct at least one open public 390 hearing before an unbiased and qualified hearing officer. The 391 hearing officer may not be an employee or agent of the school 392 district. The hearing is not subject to the provisions of 393 chapter 120; however, the hearing must provide sufficient 394 procedural protections to allow each petitioner an adequate and 395 fair opportunity to be heard and present evidence to the hearing 396 officer. The school board’s decision after convening a hearing 397 is final and not subject to further petition or review. 398 4. Meetings of committees convened for the purpose of 399 ranking, eliminating, or selecting instructional materials for 400 recommendation to the district school board must be noticed and 401 open to the public in accordance with s. 286.011. Any committees 402 convened for such purposes must include parents of students who 403 will have access to such materials. 404 5. Meetings of committees convened for the purpose of 405 resolving an objection by a parentor residentto specific 406 materials must be noticed and open to the public in accordance 407 with s. 286.011. Any committees convened for such purposes must 408 include parents of students who will have access to such 409 materials. 410 6. If a parent disagrees with the determination made by the 411 district school board on the objection to the use of a specific 412 material, a parent may request the Commissioner of Education to 413 appoint a special magistrate who is a member of The Florida Bar 414 in good standing and who has at least 5 years’ experience in 415 administrative law. The special magistrate shall determine facts 416 relating to the school district’s determination, consider 417 information provided by the parent and the school district, and 418 render a recommended decision for resolution to the State Board 419 of Education within 30 days after receipt of the request by the 420 parent. The State Board of Education must approve or reject the 421 recommended decision at its next regularly scheduled meeting 422 that is more than 7 calendar days and no more than 30 days after 423 the date the recommended decision is transmitted. The costs of 424 the special magistrate shall be borne by the school district. 425 The State Board of Education shall adopt rules, including forms, 426 necessary to implement this subparagraph. 427 (d) School library media services; establishment and 428 maintenance.—Establish and maintain a program of school library 429 media services for all public schools in the district, including 430 school library media centers, or school library media centers 431 open to the public, and, in addition such traveling or 432 circulating libraries as may be needed for the proper operation 433 of the district school system. Beginning January 1, 2023, school 434 librarians, media specialists, and other personnel involved in 435 the selection of school district library materials must complete 436 the training program developed pursuant to s. 1006.29(6) before 437 reviewing and selecting age-appropriate materials and library 438 resources. Upon written request, a school district shall provide 439 access to any material or book specified in the request that is 440 maintained in a district school system library and is available 441 for review. 442 1. Each book made available to students through a school 443 district library media center or included in a recommended or 444 assigned school or grade-level reading list must be selected by 445 a school district employee who holds a valid educational media 446 specialist certificate, regardless of whether the book is 447 purchased, donated, or otherwise made available to students. 448 2. Each district school board shall adopt procedures for 449 developing library media center collections and post the 450 procedures on the website for each school within the district. 451 School libraries may provide materials and information 452 presenting all points of view on current and historical issues. 453 Materials may not be proscribed or removed because of partisan 454 or doctrinal disapproval. The procedures must: 455 a. Require that book selections meet the criteria in s. 456 1006.40(3)(d). 457 b. Require consultation of reputable, professionally 458 recognized reviewing periodicals and school community 459 stakeholders. 460 c. Provide for library media center collections, including 461 classroom libraries, based on reader interest, support of state 462 academic standards and aligned curriculum, and the academic 463 needs of students and faculty. 464 d. Provide for the regular removal or discontinuance of 465 books based on, at a minimum, physical condition, rate of recent 466 circulation, alignment to state academic standards and relevancy 467 to curriculum, out-of-date content, and required removal 468 pursuant to subparagraph (a)2. 469 3. Each elementary school must publish on its website, in a 470 searchable format prescribed by the department, a list of all 471 materials maintained and accessible in the school library media 472 centeror a classroom libraryor required as part of a school or 473 grade-level reading list. 474 4. Each district school board shall adopt and publish on 475 its website the process for a parent to limit his or her 476 student’s access to materials in the schoolor classroom477 library. 478 Section 10. Paragraph (c) of subsection (3) of section 479 1007.25, Florida Statutes, is amended to read: 480 1007.25 General education courses; common prerequisites; 481 other degree requirements.— 482 (3) The chair of the State Board of Education and the chair 483 of the Board of Governors, or their designees, shall jointly 484 appoint faculty committees to review and recommend to the 485 Articulation Coordinating Committee for approval by the State 486 Board of Education and the Board of Governors statewide general 487 education core course options for inclusion in the statewide 488 course numbering system established under s. 1007.24. Faculty 489 committees shall, by July 1, 2024, and by July 1 every 4 years 490 thereafter, review and submit recommendations to the 491 Articulation Coordinating Committee and the commissioner for the 492 removal, alignment, realignment, or addition of general 493 education core courses that satisfy the requirements of this 494 subsection. 495(c) General education core courses may not distort496significant historical events or include a curriculum that497teaches identity politics, violates s. 1000.05, or is based on498theories that systemic racism, sexism, oppression, and privilege499are inherent in the institutions of the United States and were500created to maintain social, political, and economic inequities.501 Section 11. This act shall take effect July 1, 2024.