HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1069 Education
SPONSOR(S): Education & Employment Committee, Education Quality Subcommittee, McClain and others
TIED BILLS: None. IDEN./SIM. BILLS: CS/SB 1320
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Education Quality Subcommittee 13 Y, 5 N, As CS Wolff Sanchez
2) Education & Employment Committee 14 Y, 6 N, As CS Wolff Hassell
SUMMARY ANALYSIS
The bill continues Florida’s efforts to increase transparency of a school district’s instructional and specific materials
adoption processes and empower parents control of their children’s education. The bill increases school district
transparency and accountability for selecting and using instructional materials and library materials by requiring that
district school boards be responsible for the contents of classroom libraries, in addition to instructional materials and
school libraries. As part of fulfilling this responsibility, the bill requires that district school board policies regarding
objections to specific materials include objection on the basis that the material depicts or describes sexual conduct, as
defined in law. The bill provides for an exception to this objection for material used in required instruction on HIV/AIDS,
child sexual abuse prevention, or any other course identified by the DOE.
Any specific materials subject to an objection on the basis that the materials are pornographic, harmful to minors, or
describe or depict sexual conduct must be removed from circulation at the school where the objection was made, within 5
days of the objection, until the completion of the objection process. Committees convened by a school district to review
and make recommendations related to the adoption of instructional materials must include parents of students that will
have access to the materials being reviewed. All meetings of such committees must be publicly noticed and open to the
public. The bill creates an appeals process for a parent that disagrees with the school board’s determination on his or her
objection. The DOE must adopt an objection form for use by school districts.
The bill requires that all books in elementary school classroom libraries be included in the required online catalogue of
elementary school library materials and school districts must adopt and implement a process for parents to limit their
child’s access to library materials. The bill revises the annual reporting requirements regarding objections to materials.
The bill requires the DOE to annually approve all instructional materials used to teach reproductive health and any
disease, including HIV/AIDS. The bill defines “sex” for the purposes of the education code and requires that instruction in
human sexuality include instruction on the binary, stable, and unchanging nature of biological sex.
The bill expands existing parental authority over a child’s education by extending the existing prohibition on inst ruction
relating to sexual orientation and gender identity in kindergarten through grade 3 to include prekindergarten through grade
8 and expressly stating that charter schools must comply with this requirement. Consistent with existing law, the bill
requires that instruction on sexual orientation and gender identity in grades 9 through 12 be age-appropriate or
developmentally appropriate for students. Additionally, the bill requires additional transparency regarding school district
policies and procedures.
The bill implements new requirements relating to the use of personal titles and pronouns in Florida’s public schools, with
an exception for individuals with specified conditions. The bill prohibits an employee, contractor, or student, as a conditio n
of employment, enrollment, or participation, at a public K-12 educational institution, be required to refer to another
individual by a personal title or pronouns that do not align with the person’s sex. Similarly, a K -12 public institution
employee or contractor may not provide a student with the individuals preferred personal title or pronouns if they do not
correspond to the employee or contactor’s sex. A school may not require a student to provide his or her preferred
personal title or pronouns and may not apply any penalty or adverse action against a student for not providing this
information.
The bill does not appear to have a fiscal impact.
The bill takes effect on July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1069b.EEC
DATE: 3/23/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Instructional and Specific Materials Review and Adoption
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, social
studies, reading, and literature for kindergarten through grade 12. 1 “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.2
The Florida Department of Education (DOE) facilitates the instructional materials adoption process
statewide through evaluation of materials submitted by publishers and manufacturers. 3 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. 4 Instructional
materials selected by reviewers must:
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;
accurately portray 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;
encourage thrift, fire prevention, and humane treatment of people and animals;
contain the Declaration of Independence and the Constitution of the United States when
appropriate to the comprehension of students for social science, history, or civics classes; and
not contain any matter reflecting unfairly upon persons because of their race, color, creed,
national origin, ancestry, gender, religion, disability, socioeconomic status, or occupation. 5
Based on reviewer recommendations of materials that are “suitable, usable, and desirable,” the
Commissioner of Education then selects and adopts instructional materials for each subject and grade
under consideration.6 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. 7
1 See s. 1006.40(2), F.S.
2 Section 1006.28(1), F.S. Digital and instructional materials, including software applications, must be provided by each schoo l board,
in consultation with the district school superintendent, to students with disabilities in prekindergarten through grade 12. Section
1003.4203(2), F.S.
3 Section 1006.34(1), F.S. Effective November 2022, publishers must submit a Principles of Individual Freedom Assurance for
Publishers form for all bid materials, assuring that the materials submitted for review are consistent with the enumerated principles of
individual freedom. Section 1006.31(2)(d), F.S.
4 Section 1006.31, F.S.
5 Section 1006.31(2)(a)-(d), F.S.
6 Section 1006.34(2)(a), F.S. Generally, the commissioner adopts instructional materials acco rding 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.
7 Section 1006.29(5), F.S.
STORAGE NAME: h1069b.EEC PAGE: 2
DATE: 3/23/2023
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.8
School districts receive an allocation of state funds each year for instructional materials, library books,
and reference books.9 Unless a school district has implemented its own instructional materials review
process,10 at least 50 percent of the allocation of funds must be used to purchase instructional
materials on the state-adopted list.11 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.12
Each school district superintendent must annually, by July 1, certify to the Commissioner of Education
that the district school board has approved a comprehensive staff development plan supporting fidelity
of implementation of instructional materials programs. Certification includes verification that: 13
training was provided;
materials are being implemented as designed; and
core reading and reading intervention materials used in kindergarten through grade 5 meet
minimum requirements.14
Each district school board must maintain a list of all purchased instructional materials, on its website. 15
Materials purchased, including instructional materials and library media and reference books, must be
free of pornography and materials harmful to minors 16; suited to student needs and their ability to
comprehend the materials presented; and appropriate for the grade level and age group for which the
materials are used or made available.17
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:
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 review of, and comment on, the recommended instructional
materials.18
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
8 Florida Department of Education, Instructional Materials, Archive, https://www.fldoe.org/academics/standards/instructional-
materials/archive/ (last visited Jan. 1, 2023). The DOE website archives all adopted instructional materials lists from 2005 to present.
9 See s. 1011.67, F.S.
10 See s. 1006.283, F.S.
11 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 Jan. 17, 2023).
12 See s. 1006.40(3)(b ), F.S.
13 Section 1011.67(2), F.S.
14 See s. 1001.215(8), F.S. (requirements for reading programs are established by the Just Read, Florida! Office at DOE).
15 Section 1006.28(2)(e), F.S.
16 See s. 847.012, F.S.
17 Section 1006.40(3)(d), F.S.
18 Sections 1006.40(4)(b) and 1006.283(2)(b)8., 9., and 11., F.S.
STORAGE NAME: h1069b.EEC PAGE: 3
DATE: 3/23/2023
recommendations to the district school board for adoption.19 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 it must be noticed and open in accordance with the Sunshine Law. 20
Instructional Materials Related to Reproductive Health
School districts must provide health education instruction to Florida’s students. 21 This instruction must
cover, among other topics, the prevention and control of disease, prevention of child sexual abuse,
exploitation, and human trafficking, teen dating violence and abuse, 22 and the benefits of sexual
abstinence and the consequences of teen pregnancy.23, 24 Additionally, school districts may provide
instruction in HIV/AIDS as part of their health education programs. 25 School districts must permit
parents to exempt their children from instruction related to reproductive health and any disease,
including HIV/AIDS.26
Throughout instruction in acquired immune deficiency syndrome, sexually transmitted diseases, or
health education, when such instruction and course material contains instruction in human sexuality, a
school must:
Teach abstinence from sexual activity outside of marriage as the expected standard for all
school-age students while teaching the benefits of monogamous heterosexual marriage.
Emphasize that abstinence from sexual activity is a certain way to avoid out-of-wedlock
pregnancy, sexually transmitted diseases, including acquired immune deficiency syndrome, and
other associated health problems.
Teach that each student has the power to control personal behavior and encourage students to
base actions on reasoning, self-esteem, and respect for others.
Provide instruction and material that is appropriate for the grade and age of the student. 27
Instructional materials used to teach reproductive health and any disease, including HIV/AIDS, must be
approved annually by the district school board in an open, noticed public meeting.28 The instructional
materials must be available through a link on the school district homepage for review by parents. 29 As
the instruction in these topics occurs over a range of grades, instruction and materials used m ust
always be appropriate for the grade and age of the student. 30
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.31 School district policies regarding library media materials selection vary. Some school
districts have policies that provide criteria for the selection of materials, with consideration being given
19 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.
20 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.
21 Section 1003.42(2)(n), F.S.
22 Instruction in teen dating violence and abuse occurs in grades 7 through 12. Section 1003.42(2)(n)2., F.S.
23 Instruction in sexual abstinence and the consequences of teen pregnancy occurs in grades 6 through 12. Section 1003.42(2)(n)3.,
F.S.
24 Section 1003.42(2)(n), F.S.
25 Section 1003.46(1), F.S.
26 Section 1003.42(5)
27 Section 1003.46(2), F.S.
28 Section 1003.42(1)(b), F.S.
29 Section 1003.42(5), F.S.
30 Section 1003.46(2)(d), F.S.
31 Section 1006.28(2)(a)1., F.S.
STORAGE NAME: h1069b.EEC PAGE: 4
DATE: 3/23/2023
to the needs of the school based on the knowledge of curriculum and existing collection, and the needs
of the students attending the school.32 Such procedures may include the school media specialist
evaluating reputable, unbiased, and professionally prepared aids such a