HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1467 K-12 Education
SPONSOR(S): Appropriations Committee, Garrison & others
TIED BILLS: None IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Education & Employment Committee 13 Y, 7 N Aaronson Hassell
2) Appropriations Committee 15 Y, 10 N, As CS Potvin Pridgeon
SUMMARY ANALYSIS
Florida’s Constitution provides that each school district shall include a school board of five or more elected
members that work to operate, control, and supervise public schools in the district. Currently, each member of
a district school board earns a salary based on the population of the county the district school board member
serves. The bill repeals the salary for school board members who are newly elected or re-elected on or after
August 1, 2022. However, the bill provides these members a $200 stipend per regular or special school board
meeting, with an annual cap of $4,800.
The bill increases the transparency and accountability for selecting and using instructional materials and library
materials in schools by:
requiring that certain school district instructional material review committee meetings be noticed and
open to the public;
requiring school district personnel who are involved in reviewing and selecting certain instructional
materials and library materials to complete training developed by the Department of Education (DOE)
on selecting quality, age-appropriate books, prior to making selections;
requiring school districts to adopt and publicly post procedures for developing library media center
collections;
requiring each elementary school to post on its website a list of all materials maintained in the school
library or recommended or assigned as part of a school- or grade-level reading list ;
requiring that each material in a school library or assigned school- or grade-level reading list be
selected by a certified educational media specialist;
requiring school districts to provide access to all materials for public inspection as allowed by law and to
publish a list of all materials available to students on the school website in a searchable format;
requiring school districts to provide a public review process for the adoption of all materials consistent
with current instructional materials adoption requirements and to select, approve, adopt, or purchase
materials as a separate line item on a board meeting agenda and provide reasonable opportunity for
public comment;
beginning June 30, 2023, requiring school districts annually to submit to the Commissioner of
Education a report identifying materials adopted by the district school board for which the school district
received an objection for the school year and requiring the DOE to publish removed or discontinued
materials as a result of an objection; and
requiring that school principals oversee compliance with school library media center materials selection
procedures.
The bill does not appear to have a fiscal impact on state government and has an indeterminate fiscal impact on
local school districts. See fiscal comments, infra.
The bill takes effect on July 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1467c.APC
DATE: 2/2/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
District School Board Members’ Salaries
Present Situation
Florida’s Constitution provides that each county shall constitute a school district, to include a school
board composed of five or more members chosen by vote. School board duties including operating,
controlling, and supervising all public schools in a school district and determining the rate of school
district taxes.1
Currently, Florida law dictates a base salary for each member of a district school board. The base
salary is dependent upon the population of the county the district school board member serves. In
2009, district school board members were authorized to voluntarily reduce their salary. 2 In 2018, the
Legislature aligned district school board member salaries with the beginning teacher salary or the
amount calculated by statute, or whatever is less.3 The below chart establishes the salary calculation to
determine school board member’s salaries.4
Pop. Group County Pop. Range Base Salary Group Rate
Minimum Maximum
I -0- 9,999 $5,000 $0.08330
II 10,000 49,999 5,833 0.020830
III 50,000 99,999 6,666 0.016680
IV 100,000 199,999 7,500 0.008330
V 200,000 399,999 8,333 0.004165
VI 400,000 999,999 9,166 0.001390
VII 1,000,000 10,000 0.000000
In Fiscal Year 2021-2022, elected school board member salaries ranged between $26,965 (Liberty
County) to $47,189 (Broward, Hillsborough, Miami-Dade, Orange, and Palm Beach counties).5
The district is also authorized to reimburse travel expenses for district school board members from the
district school fund. Travel outside the district that exceeds $500 requires approval by the school board
to confirm that the travel is for official business, and all travel outside of the state must include an
itemized list detailing all anticipated expenses.6
Effect of Proposed Changes
The bill provides that newly elected or re-elected district school board members on or after August 1,
2022, may not receive a salary. The bill provides a $200 stipend per regular or special meeting for
school board members who do not receive a salary, not to exceed $4,800 per year per member.7 The
bill repeals s. 1001.395, F.S., effective January 1, 2025, removing the authority for school board
members to receive a salary. School board members may continue to receive a salary through the end
of their current term.
1 Art. IX, s. 4(a), Fla. Const.
2 Section 1, ch. 2009-3, L.O.F.
3 Section 5, ch. 2018-5, L.O.F.
4 Section 1001.395(1), F.S.
5 The Florida Legislature’s Office of Economic and Demographic Research, Salaries of Elected County Constitutional Officers and
School District Officials for Fiscal Year 2021-22 (2021), pgs. 12-13, available at
https://www.flsenate.gov/Session/Bill/2021/1461/Analyses/h1461a.SEC.PDF .
6 Section 1001.39, F.S.
7 Comparable reimbursement authority is provided for supervisors of community development districts. See s. 190.006(8), F.S.
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Curriculum and Library Materials in Florida Public Schools
Present Situation
Instructional Materials Adoption
Each district school board has the constitutional duty and responsibility to select and provide adequate
instructional materials to each student for core courses in mathematics, language arts, science, s ocial
studies, reading, and literature for kindergarten through grade 12. 8 “Adequate instructional materials”
are defined by law as a sufficient number of student or site licenses or sets of materials that are
available in bound, unbound, kit, or package form and may consist of hardbacked or softbacked
textbooks, electronic content, consumables, learning laboratories, manipulatives, electronic media, and
computer courseware or software that serve as the basis for instruction for students. 9
The Florida Department of Education (DOE) facilitates the instructional materials adoption process
statewide through evaluation of materials submitted by publishers and manufacturers. 10 Expert
reviewers chosen by the DOE must objectively evaluate materials based on alignment to Florida’s
state-adopted standards, accuracy, and appropriateness for age and grade level.11 Based on reviewer
recommendations of materials that are “suitable, usable, and desirable,” the Commissioner of
Education then selects and adopts instructional materials for each grade and subject under
consideration.12 The DOE must provide training to instructional materials reviewers on competencies
for making valid, culturally sensitive, and objective recommendations prior to the reviewers beginning
the review and selection process.13
After adoption, the DOE must make the final report of instructional materials available at all times for
public inspection. The DOE Office of Instructional Materials announces the adoption by publicly posting
the list on its website, as well as emailing district instructional materials contacts with the newly
approved materials.14
School districts receive an allocation of state funds each year for instructional materials, library books,
and reference books.15 Unless a school district has implemented its own instructional materials review
process,16 at least 50 percent of the allocation of funds must be used to purchase instructional
materials on the state-adopted list.17 The remaining 50 percent of the annual allocation may be used for
the purchase of library and reference books, nonprint materials, and the repair and renovation of
materials; however, such materials are not subject to the same school-district adoption procedures as
instructional materials.18 Each district school board is required to maintain a list of all purchased
instructional materials, by grade level, on its website.19
Prior to the purchase of any instructional material, whether from the state-adopted list or through a
district-established instructional materials review process, a district school board must:
8 See s. 1006.40(2), F.S.
9 Section 1006.28(1), F.S. Digital and instructional materials, including software applications, must be provided by each school board,
in consultation with the district school superintendent, to students with disabilities in prekindergarten through grade 12. S ection
1003.4203(2), F.S.
10 Section 1006.34(1), F.S.
11 Section 1006.31, F.S.
12 Section 1006.34(2)(a), F.S. Generally, the commissioner adopts instructional materials according to a 5-year rotating schedule. The
commissioner may approve a shorter schedule if the content area requires more frequent revision. Section 1006.36(1), F.S.
13 Section 1006.29(5), F.S.
14 Florida Department of Education, Instructional Materials, Archive, https://www.fldoe.org/academics/standards/instructional-
materials/archive/ (last visited Jan. 1, 2022). The DOE website has all adopted instructional materials lists from 2005 to present.
15 See s. 1011.67, F.S.
16 See s. 1006.283, F.S.
17 Section 1006.34, F.S. All adopted materials are posted on the DOE Instructional Materials webpage. Florida Department of
Education, Instructional Materials, https://www.fldoe.org/academics/standards/instructional-materials/ (last visited January 17, 2022).
18 See s. 1006.40(3)(b ), F.S.
19 Section 1006.28(2)(a)(1), F.S.
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establish a process to allow student editions of recommended instructional materials to be
accessed and viewed online by the public at least 20 calendar days before the required school
board hearing and public meeting;
conduct an open, noticed school board hearing to receive public comment on the recommended
instructional materials;
conduct an open, noticed public meeting, on another date, to approve an annual instructional
materials plan to identify any instructional materials that will be purchased;
provide notice for the school board hearing and the public meeting that specifically states the
instructional materials being reviewed and how they can be accessed for public review; and
establish a process for public comment on, and review of, the recommended instructional
materials.20
The below graphic portrays the state and district level adoption of instructional materials compared to
the adoption of all other materials, including library media materials. 21
As part of the adoption process, some school districts convene a committee composed of teachers and
other stakeholders to provide a preliminary review of instructional materials and make
recommendations to the district school board for adoption. 22 Not all instructional materials review
20 Sections 1006.40(4)(b) and 1006.283(2)(b)8., 9., and 11., F.S.
21 Florida House of Representatives, Education and Employment Committee, Instructional Materials Fact Sheet (2020).
22 See The School District of Palm Beach County, District Instructional Materials Guidelines for Selection Procedures, available at
https://p14cdn4static.sharpschool.com/UserFiles/Servers/Server_270532/File/Students%20&%20Parents/Textbooks/Gu idelines%20fo
r%20District%20Adoptions.pdf.
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committee meetings are noticed and open to the public. However, in September 2021, the Second
District Court of Appeal held that when a district school board delegates decision-making authority to an
instructional materials review committee, any meeting in which the committee exercises the authority to
rank, eliminate, or select materials for final approval by the school board must be noticed and open in
accordance with the Sunshine Law.23
Library Media and Other Materials
In addition to instructional materials, each district school board is responsible for the content of any
other materials used in the classroom, made available in a school library, or included on a reading list,
whether adopted and purchased from the state-adopted instructional materials list, adopted and
purchased through a district instructional materials program, or otherwise purchased or made
available.24
The Office of Library Media Services at the DOE supports district library media supervisors to help
create and maintain quality library programs and foster a love of reading and effective use of ideas and
information by students and faculty.25
Librarians/Media Specialists
Librarians/media specialists are defined by law as staff members responsible for evaluating, selecting,
organizing, and managing media and technology resources, equipment, and related systems. They are
also responsible for working with teachers and students to make resources available in instructional
programs, media productions, and location and use of information resources.26 Educators in Florida
may become certified educational media specialists through the DOE certification process, but Florida
schools are not required to employ a certified educational media specialist.
To become a certified educational media specialist in grades prekindergarten through 12, an individual
must complete one of the following pathways:27
a bachelor’s degree or higher with an undergraduate or graduate major in educational media or
library science; or
a bachelor’s degree or higher with thirty semester hours in educational media or library science
to include credit in management of library media programs, collection development, library
media resources, reference sources and services, organization of collections, and design and
production of educational media.
Each school district must provide training to school librarians and media specialists regarding the
prohibition against distributing harmful materials to minors, and best practices for providing students
access to age-appropriate materials and library resources.28
Selection Processes of Library Media Materials
The selection of instructional materials, library media, and other reading materials used in the public -
school system must include consideration of the age of the students who normally could be expected to
have access to the material, the educational purpose to be served by the material, the degree to which
the material would be supplemented and explained by classroom programs, and the consideration of
the diversity of the students in Florida.29 As provided, supra, library media books and materials are not
23 Florida Citizens Alliance, Inc. v. School Bd. of Collier Cnty., 328 So.3d 22 (Fla. 2d DCA 2021). Florida's Sunshine Law is
established in s. 286.011, F.S.
24 Section 1006.28(2)(a)1., F.S.
25 Florida Department of Education, Library Media Services, https://www.fldoe.org/academics/standards/subject-areas/library-media-
services-instructional-t/ (last visited Jan. 18, 2022).
26 Section 1012.01(2)(c), F.S.
27 Rule 6A-4.0251, F.A.C.
28 Sec