忘却からの帰還〜Intelligent Design

州法案	Florida Senate Bill 1644, 2018 Regular Session
提案者	Tom Lee (R-District 20) 州上院議員
提案	2018/01/05 受理 2018/01/17 提案
状況	2018/02/12 州上院教育委員会 7:3 で通過 2018/03/10 会期切れ廃案

HB827とよく似た州法案で、一般市民が州または学区の教育委員会が検討する教材を推薦できるように、教材採択手順を改正するもの。

Florida Senate Bill 1644


A bill to be entitled
An act relating to instructional materials; amending s. 1006.283, F.S.; requiring district school board rules to include a longer public review period for student editions of recommended instructional materials; requiring district school boards to establish by rule a process by which certain persons may recommend instructional materials for consideration by district instructional materials reviewers; requiring a district school board to provide notification to certain publishers; amending s. 1006.31, F.S.; requiring public access to and an opportunity to comment on instructional materials recommended for adoption; requiring certain comments to be provided to the Commissioner of Education; requiring specified virtual presentations to be posted on the Department of Education’s website; authorizing members of the public to recommend instructional materials for consideration; requiring the Department of Education to provide notification to certain publishers; conforming a cross-reference; amending s. 1006.34, F.S.; exempting certain instructional materials from certain public review procedures; authorizing district school board members to initiate certain public review procedures before instructional materials are adopted under certain conditions; amending s. 1006.40, F.S.; conforming a provision to changes made by the act; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Paragraph (b) of subsection (2) of section 1006.283, Florida Statutes, is amended to read:
1006.283 District school board instructional materials
review process.—
(2)
(b) District school board rules must also:
1. Identify, by subject area, a review cycle for instructional materials.
2. Specify the qualifications for an instructional materials reviewer and the process for selecting reviewers; list a reviewer’s duties and responsibilities, including compliance with the requirements of s. 1006.31; and provide that all instructional materials recommended by a reviewer be accompanied by the reviewer’s statement that the materials align with the state standards pursuant to s. 1003.41 and the requirements of s. 1006.31.
3. State the requirements for an affidavit to be made by each district instructional materials reviewer which substantially meet the requirements of s. 1006.30.
4. Comply with s. 1006.32, relating to prohibited acts.
5. Establish a process that certifies the accuracy of instructional materials.
6. Incorporate applicable requirements of s. 1006.31, which relates to the duties of instructional materials reviewers.
7. Incorporate applicable requirements of s. 1006.38, relating to the duties, responsibilities, and requirements of publishers of instructional materials.
8. Establish the process by which instructional materials are adopted by the district school board, which must include:
a. A process to allow student editions of recommended instructional materials to be accessed and viewed online by the public at least 45 calendar days before the school board hearing and public meeting as specified in this subparagraph. This process must include reasonable safeguards against the unauthorized use, reproduction, and distribution of instructional materials considered for adoption.
b. An open, noticed school board hearing to receive public comment on the recommended instructional materials.
c. An open, noticed public meeting to approve an annual instructional materials plan to identify any instructional materials that will be purchased through the district school board instructional materials review process pursuant to this section. This public meeting must be held on a different date than the school board hearing.
d. Notice requirements for the school board hearing and the public meeting that must specifically state which instructional materials are being reviewed and the manner in which the instructional materials can be accessed for public review. The hearing must allow the parent of a public school student or a resident of the county to proffer evidence that a recommended instructional material does not meet the criteria provided in s. 1006.31(2), taking into consideration course expectations based on the district’s comprehensive plan for student progression under s. 1008.25(2) and course descriptions in the course code directory.
9. Establish the process by which the district school board shall receive public comment on, and review, the recommended instructional materials.
10. Establish the process by which instructional materials will be purchased, including advertising, bidding, and purchasing requirements.
11. Establish the process by which the school district will notify parents of their ability to access their children’s instructional materials through the district’s local instructional improvement system and by which the school district will encourage parents to access the system. This notification must be displayed prominently on the school district’s website and provided annually in written format to all parents of enrolled students.
12. Establish the process by which parents and residents of the county, as defined in s. 1006.28(1)(b), may recommend instructional materials for consideration by district instructional materials reviewers. The district school board must notify the publisher of any instructional material that is recommended for consideration and provide the publisher with the Florida Instructional Materials Adoption Schedule for the current adoption cycle.
Section 2. Subsection (2) of section 1006.31, Florida Statutes, is amended, and subsection (4) is added to that section, to read:
1006.31 Duties of the Department of Education and school district instructional materials reviewer.—The duties of the instructional materials reviewer are:
(2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To use the selection criteria listed in s. 1006.34(2)(c) and recommend for adoption only those instructional materials aligned with the Next Generation Sunshine State Standards provided for in s. 1003.41. Instructional materials recommended by each reviewer shall be, to the satisfaction of each reviewer, accurate, objective, balanced, noninflammatory, current, free of pornography and material prohibited under s. 847.012, and suited to student needs and their ability to comprehend the material presented. Reviewers shall consider for recommendation materials developed for academically talented students, such as students enrolled in advanced placement courses. When recommending instructional materials, each reviewer shall:
(a) Include only instructional materials that accurately portray the ethnic, socioeconomic, cultural, religious, physical, and racial diversity of our society, including men and women in professional, career, and executive roles, and the role and contributions of the entrepreneur and labor in the total development of this state and the United States.
(b) Include only materials that accurately portray, whenever appropriate, humankind’s place in ecological systems, including the necessity for the protection of our environment and conservation of our natural resources and the effects on the human system of the use of tobacco, alcohol, controlled substances, and other dangerous substances.
(c) Include materials that encourage thrift, fire prevention, and humane treatment of people and animals.
(d) Require, when appropriate to the comprehension of students, that materials for social science, history, or civics classes contain the Declaration of Independence and the Constitution of the United States. A reviewer may not recommend any instructional materials that contain any matter reflecting unfairly upon persons because of their race, color, creed, national origin, ancestry, gender, religion, disability, socioeconomic status, or occupation.
(4) PUBLIC ACCESS AND INPUT.—Members of the public must be provided access to, and be given an opportunity to submit comments on, instructional materials recommended for adoption by state instructional materials reviewers. Any submitted comment related to a specific recommended instructional material must be provided to the commissioner as part of his or her consideration of the instructional material pursuant to s. 1006.34(2)(a). Any virtual presentation provided by a bidding instructional material publisher or manufacturer must be posted on the department’s website for public access until the adoption period closes. Members of the public must also be allowed to recommend any instructional material for consideration by state instructional materials reviewers. The Department of Education must notify the publisher of any instructional material that is recommended for consideration and provide the publisher with the Florida Instructional Materials Adoption Schedule for the current adoption cycle.
Section 3. Present paragraph (b) of subsection (2) of section 1006.34, Florida Statutes, is redesignated as paragraph (c), and a new paragraph (b) is added to that subsection, to read:
1006.34 Powers and duties of the commissioner and the department in selecting and adopting instructional materials.—
(2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.—
(b) Instructional materials are not subject to public review procedures under s. 1006.40(4)(b) if the materials are found by the commissioner to fully meet or be more rigorous than the Next Generation Sunshine State Standards under s. 1003.41 and are found to comply with the adoption criteria and standards of paragraph (c) and s. 1003.42 and are not prohibited by ss. 847.012 and 1002.206. However, a district school board member may initiate the public review procedures before the instructional materials are adopted by the commissioner if he or she has evidence that the instructional materials do not meet the criteria required by this paragraph.
Section 4. Paragraph (b) of subsection (4) of section
1006.40, Florida Statutes, is amended to read:
1006.40 Use of instructional materials allocation;
instructional materials, library books, and reference books;
repair of books.—
(4) Each district school board is responsible for the content of all materials used in a classroom or otherwise made available to students. Each district school board shall adopt rules, and each district school superintendent shall implement procedures, that:
(b) Except as provided in s. 1006.34(2)(b), provide a process for public review of, public comment on, and the adoption of instructional materials that satisfies the requirements of s. 1006.283(2)(b)8., 9., and 11.
Section 5. This act shall take effect July 1, 2018.

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