Bill Text: FL S1454 | 2019 | Regular Session | Introduced
Bill Title: Instructional Materials
Spectrum: Partisan Bill (Republican 3-0)
Status: (Failed) 2019-05-03 - Died in Education [S1454 Detail]
Download: Florida-2019-S1454-Introduced.html
Florida Senate - 2019 SB 1454 By Senator Mayfield 17-01367B-19 20191454__ 1 A bill to be entitled 2 An act relating to instructional materials; amending 3 s. 847.001, F.S.; revising definitions; amending s. 4 847.012, F.S.; prohibiting a public school employee or 5 volunteer from providing certain materials to minors; 6 revising the requirements for a material to be 7 considered harmful to minors; amending s. 1003.42, 8 F.S.; requiring a school principal to notify certain 9 parents of the inclusion of sex education 10 instructional materials in a course; requiring a 11 parent to provide written approval for his or her 12 child to be included in portions of the course 13 containing such instructional materials; prohibiting 14 penalization of students exempt from such portions of 15 the course; amending s. 1006.28, F.S.; revising and 16 providing definitions; requiring the chair of each 17 school district to annually provide a certain 18 certification to the Department of Education; 19 requiring district school boards to make certain 20 information relating to instructional materials 21 available to the public; revising the requirements for 22 a school district policy relating to an objection to 23 the use of a specified instructional material; 24 requiring a school district to evaluate certain 25 materials by a specified date and remove materials 26 meeting certain criteria; providing that certain 27 persons who purchase certain prohibited materials 28 commit a felony of the third degree; providing 29 criminal penalties; revising the district school board 30 process for contesting the adoption of specific 31 instructional materials; providing school district 32 notification requirements; providing requirements for 33 hearing officers; providing that certain persons may 34 attend specified hearings but may not participate; 35 prohibiting an attorney for the school district from 36 designing or establishing the rules of operations for 37 certain hearings; authorizing a petitioner to appeal a 38 school board decision to the State Board of Education; 39 authorizing a petitioner to appeal a state board 40 decision to the circuit court; authorizing the 41 petitioner to recover reasonable attorney fees and 42 costs; revising district school board duties relating 43 to the use of supplemental instructional materials; 44 requiring the district school board to post certain 45 information on its website; requiring the district 46 school superintendent to provide an annual 47 certification relating to instructional materials; 48 amending s. 1006.283, F.S.; revising the requirements 49 for the district school board instructional materials 50 review process; providing requirements for certain 51 hearings and public meetings; requiring instructional 52 materials to comply with department contract 53 provisions; amending s. 1006.31, F.S.; revising duties 54 of the department and school district instructional 55 materials reviewers; requiring instructional materials 56 to comply with certain requirements; amending s. 57 1006.34, F.S.; conforming provisions to changes made 58 by the act; amending s. 1006.40, F.S.; encouraging 59 school districts to purchase certain instructional 60 materials and literature; revising the requirements 61 for materials purchased using the instructional 62 materials allocation; providing an effective date. 63 64 Be It Enacted by the Legislature of the State of Florida: 65 66 Section 1. Subsections (3) and (6) of section 847.001, 67 Florida Statutes, are amended to read: 68 847.001 Definitions.—As used in this chapter, the term: 69 (3) “Child pornography” means any image or text depicting a 70 minor engaged in sexual conduct. 71 (6) “Harmful to minors” means any reproduction, imitation, 72 characterization, description, exhibition, presentation, or 73 representation, of whatever kind or form, depicting nudity, 74 sexual conduct, or sexual excitement when it: 75 (a) Predominantly appeals to a prurient, shameful, or 76 morbid interest; 77 (b) Is patently offensiveto prevailing standards in the78adult community as a wholewith respect to what is suitable 79 material or conduct for minors; and 80 (c) Depicts an image or text that meets the definition of 81 “deviate sexual intercourse” under subsection (5)Taken as a82whole, is without serious literary, artistic, political, or83scientific value for minors. 84 85 The term “harmful to minors” does not include materials used in 86 a formal, scheduled sex education course.A mother’s87breastfeeding of her baby is not under any circumstance “harmful88to minors.”89 Section 2. Subsections (3) and (5) of section 847.012, 90 Florida Statutes, are amended, and subsection (6) of that 91 section is republished, to read: 92 847.012 Harmful materials; sale or distribution to minors 93 or using minors in production prohibited; penalty.— 94 (3) A person, including a public school employee or 95 volunteer, may not knowingly sell, rent, or loanfor monetary96considerationto a minor: 97 (a) Any picture, photograph, drawing, sculpture, motion 98 picture film, videocassette, or similar visual representation or 99 image of a person or portion of the human body which depicts 100 nudity or sexual conduct, sexual excitement, sexual battery, 101 bestiality, or sadomasochistic abuse and which is harmful to 102 minors; or 103 (b) Any book, pamphlet, magazine, printed matter however 104 reproduced, or sound recording that contains any matter defined 105 in s. 847.001, explicit and detailed verbal descriptions or 106 narrative accounts of sexual excitement, or sexual conductand107that is harmful to minors. 108 (5) An adult may not knowingly distribute to a minor on 109 school property, or post on school property, any material 110 described in subsection (3). As used in this subsection, the 111 term “school property” means the grounds or facility of any 112 kindergarten, elementary school, middle school, junior high 113 school, or secondary school, whether public or nonpublic. This 114 subsection does not apply to the distribution or posting of 115 school-approved instructional materials that by design serve as 116 a major tool for assisting in the instruction of a sex education 117 subject or course by school officers, instructional personnel, 118 administrative personnel, school volunteers, educational support 119 employees, or managers as those terms are defined in s. 1012.01. 120 (6) Any person violating any provision of this section 121 commits a felony of the third degree, punishable as provided in 122 s. 775.082, s. 775.083, or s. 775.084. 123 Section 3. Subsection (3) of section 1003.42, Florida 124 Statutes, is amended to read: 125 1003.42 Required instruction.— 126 (3)(a) A school principal must notify each parent of a 127 student enrolled in a course that will include sex education 128 instructional materials of the content and the nature of such 129 materials at least 10 instructional days before such materials 130 are to be used. A parent must provide written approval for his 131 or her child to be included in the portions of the course that 132 include such instructional materials. A student so exempted may 133 not be penalized by reason of that exemption. 134 (b) Any student whose parent makes written request to the 135 school principal shall be exempted from the teaching of 136 reproductive health or any disease, including HIV/AIDS, its 137 symptoms, development, and treatment. A student so exempted may 138 not be penalized by reason of that exemption. Course 139 descriptions for comprehensive health education shall not 140 interfere with the local determination of appropriate curriculum 141 which reflects local values and concerns. 142 Section 4. Subsections (1) and (2) and paragraph (a) of 143 subsection (3) of section 1006.28, Florida Statutes, are amended 144 to read: 145 1006.28 Duties of district school board, district school 146 superintendent; and school principal regarding K-12 147 instructional materials.— 148 (1) DEFINITIONS.— 149 (a) As used in this section, the term: 150 1. “Adequate instructional materials” means a sufficient 151 number of student or site licenses or sets of materials that are 152 available in bound, unbound, kit, or package form and may 153 consist of hardbacked or softbacked textbooks, electronic 154 content, consumables, learning laboratories, manipulatives, 155 electronic media, and computer courseware or software that serve 156 as the basis for instruction for each student in the core 157 subject areas of mathematics, language arts, social studies, 158 science, reading, and literature. 159 2. “Instructional materials” means systematically arranged 160 content in text, digital, braille, and large print or audio 161 format which may be used within the state curriculum framework 162 for courses of study by public school students. The term 163 includes textbooks, workbooks, worksheets, handouts, computer 164 software, online and Internet courses, CDs or DVDs, all 165 materials used in the classroom, including supplemental 166 materials and materials available to students in school 167 libraries or media centers, and multiple forms of communication 168 and electronic media. Instructional materials must be designed 169 for student use and may contain or be accompanied by teaching 170 and study guideshas the same meaning as in s. 1006.29(2). 171 (b) As used in this section, the term “hearing officer” 172 means a general magistrate, a special magistrate, or a hearing 173 officer who is employed by the circuit court of the county or by 174 a state agency. 175 (c)(b)As used in this section and s. 1006.283, the term 176 “resident” means a person who has maintained his or her 177 residence in this state for the preceding year, has purchased a 178 home that is occupied by him or her as his or her residence, or 179 has established a domicile in this state pursuant to s. 222.17. 180 (d)(c)As used in this section and ss. 1006.283, 1006.32, 181 1006.35, 1006.37, 1006.38, 1006.40, and 1006.42, the term 182 “purchase” includes purchase, lease, license, and acquire. 183 (2) DISTRICT SCHOOL BOARD.—The district school board has 184 the constitutional duty and responsibility to select and provide 185 the highest qualityadequateinstructional materials for all 186 students. Annually, by January 1, the chair of each district 187 school board shall certify in writing to the Department of 188 Education that all school district instructional materials 189 comply with all state laws relating to instructional materials 190in accordance with the requirements of this part. The district 191 school board also has the following specific duties and 192 responsibilities: 193 (a) Courses of study; adoption.—Adopt courses of study, 194 including instructional materials, for use in the schools of the 195 district. 196 1. Each district school board is responsible for the 197 quality and content of all instructional materialsand any other198materialsused in a classroom, made available in a school 199 library, or included on a reading list, whether adopted and 200 purchased from the state-adopted instructional materials list, 201 adopted and purchased through a district instructional materials 202 program under s. 1006.283, or otherwise purchased or made 203 available. Each district school board shall maintain on its 204 website a current list of instructional materials, by grade 205 level, purchased by the district and make such materials 206 available to the public. Such list must contain, at a minimum, 207 the title, author, and, if appropriate, ISBN number for all 208 instructional materials. 209 2. Each district school board must adopt a policy regarding 210 an objection by a parent or a resident of the county to the use 211 of a specific instructional material, which clearly describes a 212 process to handle each objectionall objectionsand provide 213providesfor resolution. The process must provide the parent or 214 resident with adequate time and the opportunity to proffer 215 evidence for each objection to the district school board that: 216 a. An instructional material does not meet the criteria of 217 s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 218 a course or otherwise made available to students in the school 219 district but was not subject to the public notice, review, 220 comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 221 and 11. 222 b. Any material used in a classroom, made available in a 223 school library, or included on a reading list containing 224containscontent that is pornographic or prohibited under s. 225 847.012 or,is not acceptablesuited to student needs and their226ability to comprehend the material presented, or is227inappropriate for the grade level and age group for which the228material is used. 229 3.a. If the district school board finds that an 230 instructional material does not meet the criteria under sub 231 subparagraph 2.a.a.or that any other material contains 232 prohibited content under sub-subparagraph 2.b.b., the school 233 district shall proactively removediscontinue use ofthe 234 material regardless of whether a parent or resident has objected 235 to the materialfor any grade level or age group for which such236use is inappropriate or unsuitable. 237 b. Each school district must evaluate all such materials no 238 later than October 1, 2019, and remove materials that are 239 pornographic or prohibited under s. 847.012. 240 c. Effective October 1, 2019, any person who purchases a 241 textbook, novel, or material that is pornographic or prohibited 242 under s. 847.012 with the intent to expose students to such 243 material commits a felony of the third degree, punishable as 244 provided in s. 775.082, s. 775.083, or s. 775.084. Every 245 textbook, novel, or material purchased shall constitute a 246 separate offense and is punishable as such. 247 d. After exhausting all local policy remedies and appealing 248 to the State Board of Education, a parent or resident may sue in 249 circuit court for an injunction to remove such materials and may 250 recover reasonable attorney fees and costs. 251 4.3.Each district school board must establish a process by 252 which the parent of a public school student or a resident of the 253 county may contest the district school board’s adoption of a 254 specific instructional material. The parent or resident must 255 file a petition, on a form provided by the school board, within 256 30 calendar days after the adoption of the material by the 257 school board. The school board must make the form easy to use, 258 prominently advertise the school board’s policy and the form 259availableto the public, and publish the form on the school 260 district’s website. The form must be signed by the parent or 261 resident, include the required contact information, and state 262 the objection to the instructional material based on the 263 criteria of s. 1006.31(2) or s. 1006.40(3)(d). A hearing officer 264 must give priority to a parent’s or resident’s objections based 265 on failure of a material to comply with the criteria of s. 266 1006.31(2) or s. 1006.40(3)(d) in his or her written findings. 267 Within 30 days after the 30-day period has expired, the school 268 board must, for all petitions timely received, commission 269conductat least one open public hearing by an independent 270before an unbiasedand qualified hearing officer. A district 271 school board may not appoint its own hearing officer, and the 272 hearing officer may not be an employee or agent of the school 273 district. At least 7 days before the hearing, a school board 274 must provide each petitioner with a written notification of the 275 date and time of the hearing and publish on its website for the 276 public all instructional materials included in a petition. A 277 school board’s failure to provide petitioners with the required 278 written notice or publish such instructional materials on its 279 website for the public shall result in the hearing being 280 rescheduled to satisfy these requirements. The hearing isnot281 subject tothe provisions ofchapter 120.; however,The hearing 282 must provide sufficient procedural protections to allow each 283 petitioner an adequate and fair opportunity to be heard and 284 present evidence to the hearing officer on all petitions timely 285 received. The hearing officer shall provide written findings on 286 each objection with his or her recommendations to the school 287 board. Failure of the hearing officer to provide written 288 findings on each objection voids the adoption process. Members 289 of the district school board, the district school 290 superintendent, and any attorney for the school district may 291 attend a hearing as part of the audience, but may not 292 participate in the hearing. An attorney for the school district 293 may not have been involved in designing or establishing the 294 rules of operation for the hearing. 295 296 The rationale for the school board’s decision for each contested 297 instructional material must be documented and available to the 298 public. Decisions regarding such instructional materials by the 299 school board may be appealed by the petitioner to the State 300 Board of Education. A petitioner may appeal the decision of the 301 state board to a circuit court and may seek damages or 302 injunctive relief, or both. The circuit court has original and 303 exclusive jurisdiction of all proceedings brought under this 304 section. If any proceeding brought under this section is deemed 305 to be frivolous by the court, the petitioner may recover 306 reasonable attorney fees and costsafter convening a hearing is307final and not subject to further petition or review. 308 (b) Instructional materials.—Provide for proper 309 requisitioning, distribution, accounting, storage, care, and use 310 of all instructional materials and furnish such other 311 instructional materials as may be needed. Instructional 312 materials used must be consistent with the district goals and 313 objectives and the course descriptions established in rule of 314 the State Board of Education, as well as with the applicable 315 Next Generation Sunshine State Standards provided for in s. 316 1003.41. 317 (c) Other instructional materials.—Provide such other 318 teaching accessories and aids as are needed for the school 319 district’s educational program, including supplemental 320 instructional materials. Each school district shall create a 321 policy and training program for the use of supplemental 322 instructional materials in the classroom to ensure that the 323 materials used comply with s. 1006.31(2) and any other state 324 laws relating to instructional materials. 325 (d) School library media services; establishment and 326 maintenance.—Establish and maintain a program of school library 327 media services for all public schools in the district, including 328 school library media centers, or school library media centers 329 open to the public, and, in addition such traveling or 330 circulating libraries as may be needed for the proper operation 331 of the district school system. Each school district shall post 332 on its website a current list of all instructional materials, 333 including library materials. Upon written request, a school 334 district shall provide access to any material or book specified 335 in the request that is maintained in a district school system 336 library and is available for review. 337 (3) DISTRICT SCHOOL SUPERINTENDENT.— 338 (a) The district school superintendent has the duty to 339 annually certify, by March 31, that he or she is following state 340 laws relating to instructional materials. If there is a conflict 341 between state law and the Next Generation Sunshine State 342 Standards, state law prevails. The district school 343 superintendent shalltorecommendsuchplans for improving, 344 providing, distributing, accounting for, and caring for 345 instructional materials and other instructional aids as will 346 result in general improvement of the district school system, as 347 prescribed in this part, in accordance with adopted district 348 school board rules prescribing the duties and responsibilities 349 of the district school superintendent regarding the requisition, 350 purchase, receipt, storage, distribution, use, conservation, 351 records, and reports of, and management practices and property 352 accountability concerning, instructional materials, and 353 providing for an evaluation of any instructional materials to be 354 requisitioned that have not been used previously in the 355 district’s schools. The district school superintendent must keep 356 adequate records and accounts for all financial transactions for 357 funds collected pursuant to subsection (4). 358 Section 5. Subsection (2) of section 1006.283, Florida 359 Statutes, is amended to read: 360 1006.283 District school board instructional materials 361 review process.— 362 (2)(a) If a district school board chooses to implement its 363 own instructional materials program, the school board shall 364 adopt rules implementing the district’s instructional materials 365 program which must include its processes, criteria, and 366 requirements for the following: 367 1. Selection of reviewers, one-thirdone or moreof whom 368 must be parents with children in public schools. 369 2. Review of instructional materials. 370 3. Selection of instructional materials, including a 371 thorough review of curriculum content. 372 4. Reviewer recommendations. 373 5. District school board adoption. 374 6. Purchase of instructional materials. 375 (b) District school board rules must also: 376 1. Identify, by subject area, a review cycle for 377 instructional materials. 378 2. Specify the qualifications for an instructional 379 materials reviewer and the process for selecting reviewers; list 380 a reviewer’s duties and responsibilities; provide for training 381 to ensure, includingcompliance with the requirements of ss. 382 847.012, 1003.42(2)(a)-(f), and 1006.28s. 1006.31; and provide 383 that all instructional materials recommended by a reviewer be 384 accompanied by the reviewer’s statement that the materials align 385 with or exceed the state standards pursuant to s. 1003.41 and 386 the requirements of s. 1006.31. 387 3. State the requirements for an affidavit to be made by 388 each district instructional materials reviewer which 389 substantially meet the requirements of s. 1006.30. 390 4. Comply with s. 1006.32, relating to prohibited acts. 391 5. Establish a process that certifies the accuracy and 392 quality of instructional materials in accordance with the 393 criteria established under s. 1006.28 and other state laws 394 relating to instructional materials. 395 6. Incorporate applicable requirements of s. 1006.31, which 396 relates to the duties of instructional materials reviewers. 397 7. Incorporate applicable requirements of s. 1006.38, 398 relating to the duties, responsibilities, and requirements of 399 publishers of instructional materials. 400 8. Establish the process by which instructional materials 401 are adopted by the district school board, which must include: 402 a. A process to allow student and teacher editions of 403 recommended instructional materials to be accessed and viewed 404 onlineby the publicat least 4520calendar days before the 405 district school board’s independentboardhearing and public 406 meeting as specified in this subparagraph. Failure to meet the 407 45-calendar day deadline shall result in the hearing and public 408 meeting being rescheduled. This process must include reasonable 409 safeguards against the unauthorized use, reproduction, and 410 distribution of instructional materials considered for adoption. 411 b. An open, noticed school board hearing to receive public 412 comment on the recommended instructional materials. 413 c. An open, noticed public meeting to approve an annual 414 instructional materials plan to identify any instructional 415 materials that will be purchased through the district school 416 board instructional materials review process pursuant to this 417 section. This public meeting must be held at least 10 days after 418 the last hearing to address objections to instructional 419 materials as provided in s. 1006.28 to allow the school board 420 adequate time to review the findings of the hearing officer. 421 Failure to adhere to this timeline will render the school 422 board’s adoption of materials voidon a different date than the423school board hearing. 424 d. Notice requirements for the school board hearing and the 425 public meeting that must specifically state which instructional 426 materials are being reviewed and the manner in which the 427 instructional materials can be accessed for public review. The 428 hearing officer must allow the parent of a public school student 429 or a resident of the county a minimum of 10 minutes per 430 objection to proffer evidence that a recommended instructional 431 material does not meet the criteria provided in s. 1006.31(2),432taking into consideration course expectations based on the433district’s comprehensive plan for student progression under s.4341008.25(2) and course descriptions in the course code directory. 435 9. Establish the process by which the district school board 436 shall receive public comment on and accept or deny each of the 437 findings of the independent hearing officer, and review, the438recommended instructional materials. 439 10. Establish the process by which instructional materials 440 will be purchased, including advertising, bidding, and 441 purchasing requirements. Purchased instructional materials must 442 comply with Department of Education contract provisions. All bid 443 contract terms, whether acquired from department-approved lists 444 or under this section, are subject to public records requests 445 during and after the acquisition process. 446 11. Establish the process by which the school district will 447 notify parents of their ability to access their children’s 448 instructional materials through the district’s local 449 instructional improvement system and by which the school 450 district will encourage parents to access the system. This 451 notification must be displayed prominently on the school 452 district’s website and provided annually in written format to 453 all parents of enrolled students. 454 Section 6. Subsection (2) of section 1006.31, Florida 455 Statutes, is amended to read: 456 1006.31 Duties of the Department of Education and school 457 district instructional materials reviewer.—The duties of the 458 instructional materials reviewer are: 459 (2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To use the 460 selection criteria listed in s. 1006.34(2)(b) and recommend for 461 adoption only those instructional materials aligned with or 462 exceeding the Next Generation Sunshine State Standards provided 463 for in s. 1003.41. Instructional materials recommended by each 464 reviewer shall comply with all quality and content criteria 465 established in state law, including an assurance that such 466 materials are researched-based and proven to be effective in 467 supporting student learning; arebe, to the satisfaction of each468reviewer,accurate and factual; provide,objective, balanced, 469 and noninflammatory viewpoints on controversial issues; are,470current,free of pornography and material prohibited under s. 471 847.012; are of acceptable quality; are in full compliance with 472 s. 847.012, s. 1003.42, and all other state laws relating to 473 instructional materials;,and are suited to student needs and 474 their ability to comprehend the material presented. Reviewers 475 shall consider for recommendation materials developed for 476 academically talented students, such as students enrolled in 477 advanced placement courses. When recommending instructional 478 materials, each reviewer shall: 479 (a) Include only instructional materials that accurately 480 portray the ethnic, socioeconomic, cultural, religious, 481 physical, and racial diversity of our society, including men and 482 women in professional, career, and executive roles, and the role 483 and contributions of the entrepreneur and labor in the total 484 development of this state and the United States. Instructional 485 materials that are recommended must comply with s. 1002.206 486 relating to religious expression in public schools. 487 (b) Include only materials that accurately portray, 488 whenever appropriate, humankind’s place in ecological systems, 489 including the necessity for the protection of our environment 490 and conservation of our natural resources and the effects on the 491 human system of the use of tobacco, alcohol, controlled 492 substances, and other dangerous substances. 493 (c) Include materials that encourage thrift, fire 494 prevention, and humane treatment of people and animals. 495 (d) Require, when appropriate to the comprehension of 496 students, that materials for social science, history, or civics 497 classes contain the Declaration of Independence and the 498 Constitution of the United States. A reviewer may not recommend 499 any instructional materials that contain any matter that 500 contradicts s. 1003.42(2)(a)-(f) or that reflectsreflecting501 unfairly upon persons because of their race, color, creed, 502 national origin, ancestry, gender, religion, disability, 503 socioeconomic status, or occupation. 504 Section 7. Paragraph (b) of subsection (2) of section 505 1006.34, Florida Statutes, is amended to read: 506 1006.34 Powers and duties of the commissioner and the 507 department in selecting and adopting instructional materials.— 508 (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.— 509 (b) In the selection of instructional materials, library 510 media, and other reading material used in the public school 511 system, the standards used to determine the propriety of the 512 material shall include: 513 1. The age of the students who normally could be expected 514 to have access to the material. 515 2. The educational purpose to be served by the material. 516 Priority shall be given to the selection of materials that align 517 with or exceed the Next Generation Sunshine State Standards as 518 provided for in s. 1003.41 and include the instructional 519 objectives contained within the curriculum frameworks for career 520 and technical education and adult and adult general education 521 adopted by rule of the State Board of Education under s. 522 1004.92. 523 3. The degree to which the material would be supplemented 524 and explained by mature classroom instruction as part of a 525 normal classroom instructional program. 526 4. The consideration of the broad racial, ethnic, 527 socioeconomic, and cultural diversity of the students of this 528 state. 529 5. The requirements established in s. 1006.31(2). 530 531 Any instructional material containing pornography or otherwise 532 prohibited by s. 847.012 may not be used or made available 533 within any public school. 534 Section 8. Subsection (2), paragraphs (a) and (d) of 535 subsection (3), and subsections (4) and (7) of section 1006.40, 536 Florida Statutes, are amended to read: 537 1006.40 Use of instructional materials allocation; 538 instructional materials, library books, and reference books; 539 repair of books.— 540 (2) Each district school board must purchase current 541 instructional materials to provide each student in kindergarten 542 through grade 12 with a major tool of instruction in core 543 courses of the subject areas of mathematics, language arts, 544 science, social studies, reading, and literature. Such purchase 545 must be made within the first 3 years after the effective date 546 of the adoption cycle unless a district school board or a 547 consortium of school districts has implemented an instructional 548 materials program pursuant to s. 1006.283. Each district school 549 board is encouraged to purchase originally sourced instructional 550 materials and classical literature. 551 (3)(a) Except for a school district or a consortium of 552 school districts that implements an instructional materials 553 program pursuant to s. 1006.283, each district school board 554 shall use the annual allocation only for the purchase of 555 instructional materials that align with or exceed state 556 standards and are included on the state-adopted list, except as 557 otherwise authorized in paragraphs (b) and (c). 558 (d) AllAnymaterials purchased pursuant to this section 559 must be:5601.free of pornography and material prohibited under s. 561 847.012. 5622.Suited to student needs and their ability to comprehend563the material presented.5643.Appropriate for the grade level and age group for which565the materials are used or made available.566 (4) Each district school board is responsible for the 567 content and quality of all materials used in a classroom or 568 otherwise made available to students and the compliance of such 569 materials with state laws relating to instructional materials. 570 Each district school board shall adopt rules, and each district 571 school superintendent shall implement procedures, that: 572 (a) Maximize student use of the district-approved 573 instructional materials. 574 (b) Provide a process for public review of, public comment 575 on, formal objections to, appropriate hearings on, and the 576 adoption of instructional materials that satisfies the 577 requirements of s. 1006.283(2)(b)8., 9., and 11. 578 (7) A district school board or a consortium of school 579 districts that implements an instructional materials program 580 pursuant to s. 1006.283 may use the annual allocation to 581 purchase instructional materials not on the state-adopted list. 582 However, instructional materials purchased pursuant to this 583 section which are not included on the state-adopted list must 584 meet the criteria of s. 1006.31(2), align with or exceed state 585 standards adopted by the State Board of Education pursuant to s. 586 1003.41, and be consistent with course expectations based on the 587 district’s comprehensive plan for student progression and course 588 descriptions adopted in state board rule. 589 Section 9. This act shall take effect July 1, 2019.