F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1355 2024
1 A bill to be entitled
2 An act relating to education; providing a short title;
3 amending s. 1000.05, F.S.; deleting provisions
4 relating to prohibited training or instruction in
5 specified concepts which constitutes discrimination on
6 the basis of race, color, national origin, or sex;
7 repealing s. 1000.071, F.S., relating to personal
8 titles and pronouns; amending s. 1001.42, F.S.;
9 prohibiting school districts from adopting a procedure
10 that compels or authorizes school personnel to share
11 certain information with a parent under certain
12 circumstances; deleting a provision authorizing school
13 districts to adopt procedures that permit school
14 personnel to withhold certain information from a
15 parent under certain circumstances; deleting a
16 prohibition against classroom instruction on sexual
17 orientation and gender identity in specified grades;
18 deleting an exception; deleting a provision requiring
19 student support services to adhere to specified
20 guidelines; amending s. 1001.706, F.S.; deleting a
21 requirement for the Board of Governors to include in
22 its review of state university missions a directive to
23 each university regarding its programs for curricula
24 that violate certain provisions; amending s. 1001.92,
25 F.S.; deleting provisions relating to a state
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HB 1355 2024
26 university losing its eligibility for performance
27 funding if a certain violation is substantiated;
28 amending s. 1003.42, F.S.; requiring instruction in
29 LGBTQ history in public schools; conforming a cross -
30 reference; amending s. 1004.06, F.S.; authorizing and
31 encouraging Florida College System institutions, state
32 universities, and direct-support organizations to
33 develop programs based on diversity, equity, and
34 inclusion principles; authorizing the expenditure of
35 state or federal funds to promote such programs;
36 deleting a prohibition against Florida College System
37 institutions, state universities, and direct-support
38 organizations expending funds on programs or
39 activities that advocate for diversity, equity, and
40 inclusion or that promote or engage in political or
41 social activism; deleting obsolete language; amending
42 s. 1006.28, F.S.; providing that certain provisions
43 relating to district school board duties and materials
44 made available in schools do not apply to classroom
45 libraries; revising requirements for resolving
46 objections to instructional materials; deleting a
47 requirement that any instructional material that is
48 subject to an objection be removed within 5 school
49 days; deleting a requirement that a school board
50 discontinue use of an instructional material if
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51 certain conditions are met; providing that school
52 libraries may provide materials and information
53 presenting all points of view; providing that
54 materials may not be proscribed or removed due to
55 partisan or doctrinal disapproval; amending s.
56 1007.25, F.S.; deleting certain prohibitions for
57 general education courses; providing an effective
58 date.
59
60 Be It Enacted by the Legislature of the State of Florida:
61
62 Section 1. This act may be cited as the "Freedom to Learn
63 Act."
64 Section 2. Subsection (4) of section 1000.05, Florida
65 Statutes, is amended to read:
66 1000.05 Discrimination against students and employees in
67 the Florida K-20 public education system prohibited; equality of
68 access required.—
69 (4)(a) It shall constitute discrimination on the basis of
70 race, color, national origin, or sex under this section to
71 subject any student or employee to training or instruction that
72 espouses, promotes, advances, inculcates, or compels such
73 student or employee to believe any of the following concepts:
74 1. Members of one race, color, national origin, or sex are
75 morally superior to members of another race, color, national
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76 origin, or sex.
77 2. A person, by virtue of his or her race, color, national
78 origin, or sex, is inherently racist, sexist, or oppressive,
79 whether consciously or unconsciously.
80 3. A person's moral character or status as either
81 privileged or oppressed is necessarily determined by his or her
82 race, color, national origin, or sex.
83 4. Members of one race, color, national origin, or sex
84 cannot and should not attempt to treat others without respect to
85 race, color, national origin, or sex.
86 5. A person, by virtue of his or her race, color, national
87 origin, or sex, bears responsibility for, or should be
88 discriminated against or receive adverse treatment because of,
89 actions committed in the past by other members of the same race,
90 color, national origin, or sex.
91 6. A person, by virtue of his or her race, color, national
92 origin, or sex, should be discriminated against or receive
93 adverse treatment to achieve diversity, equity, or inclusion.
94 7. A person, by virtue of his or her race, color, sex, or
95 national origin, bears personal responsibility for and must feel
96 guilt, anguish, or other forms of psychological distress because
97 of actions, in which the person played no part, committed in the
98 past by other members of the same race, color, national origin,
99 or sex.
100 8. Such virtues as merit, excellence, hard work, fairness,
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101 neutrality, objectivity, and racial colorblindness are racist or
102 sexist, or were created by members of a particular race, color,
103 national origin, or sex to oppress members of another race,
104 color, national origin, or sex.
105 (b) Paragraph (a) may not be construed to prohibit
106 discussion of the concepts listed therein as part of a larger
107 course of training or instruction, provided such training or
108 instruction is given in an objective manner without endorsement
109 of the concepts.
110 Section 3. Section 1000.071, Florida Statutes, is
111 repealed.
112 Section 4. Paragraph (c) of subsection (8) of section
113 1001.42, Florida Statutes, is amended to read:
114 1001.42 Powers and duties of district school board.—The
115 district school board, acting as a board, shall exercise all
116 powers and perform all duties listed below:
117 (8) STUDENT WELFARE.—
118 (c)1. In accordance with the rights of parents enumerated
119 in ss. 1002.20 and 1014.04, adopt procedures for notifying a
120 student's parent if there is a change in the student's services
121 or monitoring related to the student's mental, emotional, or
122 physical health or well-being and the school's ability to
123 provide a safe and supportive learning environment for the
124 student. The procedures must reinforce the fundamental right of
125 parents to make decisions regarding the upbringing and control
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126 of their children by requiring school district personnel to
127 encourage a student to discuss issues relating to his or her
128 well-being with his or her parent or to facilitate discussion of
129 the issue with the parent. The procedures may not prohibit
130 parents from accessing any of their student's education and
131 health records created, maintained, or used by the school
132 district, as required by s. 1002.22(2).
133 2. A school district may not adopt procedures or student
134 support forms that prohibit school district personnel from
135 notifying a parent about his or her student's mental, emotional,
136 or physical health or well-being, or a change in related
137 services or monitoring, or that encourage or have the effect of
138 encouraging a student to withhold from a parent such
139 information. School district personnel may not discourage or
140 prohibit parental notification of and involvement in critical
141 decisions affecting a student's mental, emotional, or physical
142 health or well-being. A school district may not adopt a
143 procedure that compels or authorizes school personnel to provide
144 such information to a parent if a reasonably pruden t person
145 would believe that disclosure would result in harm to the
146 student, including, but not limited to, This subparagraph does
147 not prohibit a school district from adopting procedures that
148 permit school personnel to withhold such information from a
149 parent if a reasonably prudent person would believe that
150 disclosure would result in abuse, abandonment, or neglect, as
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151 those terms are defined in s. 39.01.
152 3. Classroom instruction by school personnel or third
153 parties on sexual orientation or gender identity may not occur
154 in prekindergarten through grade 8, except when required by ss.
155 1003.42(2)(n)3. and 1003.46. If such instruction is provided in
156 grades 9 through 12, the instruction must be age-appropriate or
157 developmentally appropriate for students in accordance with
158 state standards. This subparagraph applies to charter schools.
159 4. Student support services training developed or provided
160 by a school district to school district personnel must adhere to
161 student services guidelines, standards, and frameworks
162 established by the Department of Education.
163 5. At the beginning of the school year, each school
164 district shall notify parents of each health care service
165 offered at their student's school and the option to withhold
166 consent or decline any specific service in accordance with s.
167 1014.06. Parental consent to a health care service does not
168 waive the parent's right to access his or her student's
169 educational or health records or to be notified about a change
170 in his or her student's services or monitoring as provid ed by
171 this paragraph.
172 4.6. Before administering a student well-being
173 questionnaire or health screening form to a student in
174 kindergarten through grade 3, the school district must provide
175 the questionnaire or health screening form to the parent and
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176 obtain the permission of the parent.
177 5.7. Each school district shall adopt procedures for a
178 parent to notify the principal, or his or her designee,
179 regarding concerns under this paragraph at his or her student's
180 school and the process for resolving those concerns within 7
181 calendar days after notification by the parent.
182 a. At a minimum, the procedures must require that within
183 30 days after notification by the parent that the concern
184 remains unresolved, the school district must either resolve the
185 concern or provide a statement of the reasons for not resolving
186 the concern.
187 b. If a concern is not resolved by the school district, a
188 parent may:
189 (I) Request the Commissioner of Education to appoint a
190 special magistrate who is a member of The Florida Bar in good
191 standing and who has at least 5 years' experience in
192 administrative law. The special magistrate shall determine facts
193 relating to the dispute over the school district procedure or
194 practice, consider information provided by the school district,
195 and render a recommended decision for resolution to the State
196 Board of Education within 30 days after receipt of the request
197 by the parent. The State Board of Education must approve or
198 reject the recommended decision at its next regularly scheduled
199 meeting that is more than 7 calendar days and no more than 30
200 days after the date the recommended decision is transmitted. The
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201 costs of the special magistrate shall be borne by the school
202 district. The State Board of Education shall adopt rules,
203 including forms, necessary to implement this subparagraph.
204 (II) Bring an action against the school district to obtain
205 a declaratory judgment that the school district procedure or
206 practice violates this paragraph and seek injunctive relief. A
207 court may award damages and shall award reasonable attorney fees
208 and court costs to a parent who receives declaratory or
209 injunctive relief.
210 c. Each school district shall adopt and post on its
211 website policies to notify parents of the procedures required
212 under this subparagraph.
213 d. Nothing contained in this subparagraph shall be