HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1213 Holocaust Education
SPONSOR(S): Education Committee, PreK-12 Innovation Subcommittee, Fine, Caruso and others
TIED BILLS: None IDEN./SIM. BILLS: CS/SB 1628
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) PreK-12 Innovation Subcommittee 17 Y, 0 N, As CS McAlarney Brink
2) PreK-12 Appropriations Subcommittee 11 Y, 0 N Bailey Potvin
3) Education Committee 16 Y, 0 N, As CS McAlarney Hassell
SUMMARY ANALYSIS
The bill requires the Florida Department of Education (DOE) to prepare and offer curriculum standards for
teaching the history of the Holocaust, a subject required for K-12 public school students under s. 1003.42, F.S.
The DOE may work with the Commissioner of Education’s Task Force on Holocaust Education, the Florida
Holocaust Museum, and other state or nationally recognized Holocaust educational organizations to develop
curricula, training for instructional personnel, and classroom instructional material for the instruction.
The bill requires each school district to include in this instruction the state policy against anti-Semitism, as
described in s. 1000.05(7), F.S. The DOE must create a process for school districts to annually certify and
provide evidence of compliance with the Holocaust instructional requirements to the DOE.
This bill does not appear to have a fiscal impact since any costs associated with the DOE establishing
curriculum standards as required by the bill can be absorbed within existing resources.
The bill takes effect on July 1, 2020.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1213e.EDC
DATE: 2/14/2020
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Florida Educational Equity Act
The Florida Educational Equity Act1 (FEEA) governs students’ and employees’ civil rights in Florida’s
public educational systems. The FEEA mirrors civil rights protections under Title VI of the federal Civil
Rights Act.2
The FEEA requires equal access for all people to the Florida K-20 public education system and
prohibits discrimination against any student or employee in the system. The FEEA prohibits
discrimination based on race, ethnicity, gender, national origin, disability, religion, or marital status,3
and requires all education opportunities offered by public educational institutions be made available
without discrimination on those bases.4 Additionally, the FEEA requires that a “public K-20 educational
institution must treat discrimination by students or employees or resulting from institutional policies
motivated by anti-Semitic intent in an identical manner to discrimination motivated by race.”5
Required Holocaust Instruction
Florida law requires that public school students in grades K-12 receive instruction on specific subjects
including historical time periods, comprehensive health education, and government, among others.
Instructional personnel are required to teach these subjects efficiently and faithfully, using historically
accurate books and materials, following prescribed courses and approved methods of instruction.6 The
statute does not dictate grade level, instructional material, or instructional hour requirements.7 In
October 2019, the DOE adopted a rule requiring school districts to report, annually each summer, on
how instruction was provided during the previous school year for certain subjects defined in s. 1003.42,
F.S., including the history of the Holocaust. The report must include specific courses offered for each
grade level and what materials and resources were used.8
Florida law describes the history of the Holocaust as “the systematic, planned annihilation of European
Jews and other groups by Nazi Germany.”9 Instructional personnel are required to teach the history of
the Holocaust, “in a manner that leads to an investigation of human behavior, an understanding of the
ramifications of prejudice, racism, and stereotyping, and an examination of what it means to be a
responsible and respectful person, for the purposes of encouraging tolerance of diversity in a pluralistic
society and for nurturing and protecting democratic values and institutions.”10
For grades K-8, the DOE has not promulgated standards for history of the Holocaust, thus, according to
the DOE, school districts may teach this subject in ways they deem appropriate.11 For example, some
1
Section 1000.05, F.S.
2
E-mail from Legislative Affairs Director, Florida Department of Education, RE: Office of Equal Educational Opportunity, Feb. 19,
2019.
3
Section 1000.05(2)(a), F.S.
4
Section 1002.20(7), F.S.
5
Section 1000.05(7)(a), F.S. The term “anti-Semitism” includes a certain perception of the Jewish people, which may be expressed as
hatred toward Jewish people, rhetorical and physical manifestations of anti-Semitism directed toward a person, his or her property, or
toward Jewish community institutions or religious facilities. See s. 1000.05(7)(a)-(c), F.S., for examples of anti-Semitism.
6
Section 1003.42(2), F.S.
7
See id.
8
Rule 6A-1.094124, F.A.C.
9
Section 1003.42(2)(g), F.S.
10
Id.
11
Florida Department of Education, 2020 Agency Legislative Bill Analysis, SB 184, July 1, 2020, available at
http://abar.laspbs.state.fl.us/ABAR/Attachment.aspx?ID=29714.
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districts include the history of the Holocaust in character education and civics classes.12 For grades 9-
12, it is included in American History13 and World History standards.14
Commissioner of Education’s Task Force on Holocaust Education
After required instruction on the history of the Holocaust became law in 1994, the Commissioner of
Education created the Department of Education Commissioner’s Task Force on Holocaust Education
(Task Force).15 The Task Force designs, encourages, and promotes the implementation of Holocaust
education in schools. Additionally, the Task Force provides programs for each school district and
coordinates events to memorialize the Holocaust.16
Florida Holocaust Museum
The Florida Holocaust Museum (Museum) is a museum dedicated to memorializing the history of the
Holocaust, with a goal of teaching people of “all races and cultures the inherent worth and dignity of
human life in order to prevent future genocides.”17 The Museum is funded by private donors and
receives $300,000 annually from the Florida legislature. The Museum displays exhibitions, permanent
and temporary, depicting life events of Jews in Nazi occupied Europe.18 The Museum also has hosted
exhibits highlighting other persecuted groups.
The Museum provides teacher training19 and creates free Holocaust educational resources for Florida
public, private, and parochial schools.20 As “a service provider contracted by the DOE,”21 the Museum
produced a teaching tool, the Teaching Trunk.22 Teaching Trunks include lesson plans, literature sets,
videos, posters, and instructional aides.23 The “Arts” trunk explores “the themes of the Holocaust,
character education, genocide studies and human behavior through the arts. The lessons discuss
artwork and are designed for art as well as all other classes.”24
Effects of Proposed Changes
The bill requires the DOE to prepare and offer curriculum standards for teaching the history of the
Holocaust. The DOE may work with the Commissioner of Education’s Task Force on Holocaust
Education, the Florida Holocaust Museum, and other state or nationally recognized Holocaust
12
Id.
13
CPALMS, Standards, Social Studies, American History, SS.912.A.6.7, available at
https://www.cpalms.org/Public/PreviewStandard/Preview/3371 (last visited January 28, 2020). CPALMS is the State of Florida’s
official source for standards information and course descriptions. It provides access to thousands of standards-aligned, free, and high-
quality instructional/educational resources that have been developed specifically for the standards and vetted through a rigorous
review process.
14
CPALMS, Standards, Social Studies, World History, SS.912.W.7.8, available at
https://www.cpalms.org/Public/PreviewStandard/Preview/3497 (last visited January 28, 2020).
15
Florida Department of Education, Commissioner of Education’s Task Force on Holocaust Education,
http://www.fldoe.org/holocausteducation (last visited January 28, 2020).
16
Id.
17
The Florida Holocaust Museum, Mission, https://www.flholocaustmuseum.org/mission/ (last visited January 28, 2020).
18
The Florida Holocaust Museum, About, The Florida Holocaust Museum History, https://www.flholocaustmuseum.org/about/fhm-
history/ (last visited January 28, 2020).
19
The Florida Holocaust Museum, Learn, Teacher Training, https://www.flholocaustmuseum.org/learn/teacher-training/ (last visited
January 28, 2020).
20
Id.
21
Id.
22
Id.
23
Id.
24
Id.
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educational organizations to develop curricula, training for instructional personnel, and classroom
instructional material.
The bill requires each school district to include in this instruction the state policy against anti-Semitism,
as described in s. 1000.05(7), F.S. The DOE must create a process for school districts to annually
certify and provide evidence of compliance with Holocaust instructional requirements.
B. SECTION DIRECTORY:
Section 1. Amends s. 1003.42, F.S., authorizing the Department of Education to work with the
Commissioner of Education’s Task Force on Holocaust Education, the Florida Holocaust Museum, and
other state or nationally recognized Holocaust educational organizations for specified purposes relating
to required instruction; requiring the Department of Education to prepare and offer curriculum
standards; requiring public schools to report compliance to the Department of Education.
Section 2. Provides an effective date of July 1, 2020.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None. See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The DOE may incur costs associated with developing curriculum standards required by the bill;
however, such costs can be absorbed within existing resources.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
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2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On January 28, 2020, the House PreK-12 Innovation Subcommittee adopted an amendment and reported
the bill favorably as a committee substitute. The amendment:
requires each school district and charter school to include in the teaching of the Holocaust the
policy against anti-Semitism, as described in s. 1000.05(7), F.S;
requires each school district and charter school to annually certify and provide evidence of
compliance to the DOE;
requires the DOE to prepare and offer curriculum standards for Holocaust instruction; and
permits the DOE to work with the Florida Holocaust Museum and other state or nationally
recognized Holocaust educational organizations to develop curricula, training for instructional
personnel, and classroom instructional material.
On February 12, 2020, the House Education Committee adopted an amendment and reported the bill
favorably as a committee substitute. The amendment:
allows the DOE to work with the Commissioner of Education’s Task Force on Holocaust Education,
the Florida Holocaust Museum, and other state or nationally recognized Holocaust educational
organizations to develop curricula, training for instructional personnel, and classroom instructional
material.
removes charter schools from reporting requirements.
The bill analysis is drafted to the committee substitute.
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Statutes affected: H 1213 Filed: 1003.42
H 1213 c1: 1003.42
H 1213 c2: 1003.42
H 1213 e1: 1003.42
H 1213 e2: 1003.42
H 1213 e3: 1003.42
H 1213 er: 1003.42