HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 551 Required African-American Instruction
SPONSOR(S): Education Quality Subcommittee, Benjamin, Fine and others
TIED BILLS: None. IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Education Quality Subcommittee 18 Y, 0 N, As CS Suppiah Sanchez
2) PreK-12 Appropriations Subcommittee 14 Y, 0 N Bailey Potvin
3) Education & Employment Committee 21 Y, 0 N Suppiah Hassell
SUMMARY ANALYSIS
Chapter 1003.42, Florida Statutes, outlines the required instructional topics for public education, including the
history of the Declaration of Independence, the Constitution of the United States and the Bill of Rights,
kindness to animals, the study of women’s and Hispanic contributions to the United States, the history of the
Holocaust, and the history of African Americans.
Instruction on the history of African Americans must include the history of African peoples prior to: the
development of slavery; the passage to America; the experience of slaves; the abolition of slavery; the
contributions of African Americans to American society; and, the history of local African American cemeteries
when possible.
The bill requires school districts to provide evidence that requirements relating to the instruction of African
American history are being met. The bill also allows the Department of Education (DOE) to seek input from and
contract with state or nationally recognized African American educational organizations to support curriculum
on the history of African Americans.
The bill requires school districts to submit to the Commissioner of Education (commissioner) and post on their
website an implementation plan for required instruction topics that includes methods in which instruction will be
delivered for each grade level, professional qualifications of instructional personnel, and a description of
instructional materials. The bill also requires the commissioner or the DOE to notify school districts if they do
not meet implementation plan requirements and gives school districts 45 days from the date of notification to
submit revisions to their implementation plans. The bill allows the State Board of Education (SBE) to initiate
compliance actions outlined in s. 1008.32(4), F.S. against school districts for failure to comply with
implementation plan requirements.
The bill does not appear to have a fiscal impact. See Fiscal Comments, infra.
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 .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Required African-American Instruction
Florida law requires that public school students in kindergarten through grade 12 receive instruction on
specific subjects including historical time periods, comprehensive health education, and government,
among others.1 Instructional personnel are required to teach these subjects efficiently and faithfully,
using historically accurate books and materials, and following prescribed courses and approved
methods of instruction.2 Florida law does not dictate grade level, instructional material, or instructional
hour requirements.3
Florida public schools are required to teach about African-American history.4 The instruction must
include, “the history of African peoples before the political conflicts that led to the development of
slavery, the passage to America, the enslavement experience, abolition, and the contributions of
African Americans to American society.”5
Commissioner of Education’s African American History Task Force
The Commissioner of Education’s African American History Task Force (task force) ensures awareness
of: African-American history educational requirements; identifies and recommends needed state
education leadership action; assists in adoption of instructional materials by the state; and builds
supporting partnerships.6 The task force creates models for relevant curricula, including specific topics
pertinent to each grade level. Models incorporate recommended student activities, focused questions,
and provide assessment tools for each topic. Current topics in African American history include the
Harlem Renaissance, the slave trade, the expansion of the Sahara Desert, and the Rosewood
Massacre.7
Other Required Instruction in Florida
Each district school board must provide all courses required for middle grades promotion, high school
graduation, and appropriate instruction designed to ensure that students meet State Board of Education
(SBE) adopted standards 8 in the following subject areas:
reading and other language arts;
mathematics;
science;
social studies;
foreign languages;
health and physical education; and
1 Section 1003.42, F.S.
2 Section 1003.42(2), F.S.
3 The State Board of Education is encouraged to adopt standards and pursue assessment for K-12 public schools for subjects, such as
the history of the Holocaust and African-American history, among others. Section 1003.42(3) (flush left provision at the end of the
subsection).
4 Section 1003.42(2)(h), F.S.
5 Id.
6 Afroamfl.org, Commissioner of Education’s African American History Task Force, available at https://afroamfl.org/ (last visited
March 13, 2023).
7 Afroamfl.org, African American History Instructional Standards Guide, available at : https://afroamfl.org/wp-
content/uploads/2022/03/AAHTF-Instructional-Standards-July-2021.pdf (last visited March 19, 2023).
8 In 2020, the State Board of Education adopted new standard s for English language arts and mathematics, called the Benchmarks for
Excellent Student Thinking (BEST) standards. The English Language Arts standards implementation began with the 2021-2022
school year and implementation of the math standards began in the 2022-2023 school year. Rule 6A-1.09401, F.A.C.
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the arts.9
Public school teachers must teach the following:10
The Declaration of Independence – including a history and content of national sovereignty, natural
law, self-evident truth, equality of all persons, limited government, popular sovereignty, and the
inalienable rights of life, liberty, and property and how they form the foundation of our government.
The U.S. Constitution and amendments – including instruction on the Bill of Rights and how the
Constitution provides the structure of our government.
Arguments supporting the adoption of our republican form of government - as embodied in the
Federalist Papers.
Flag education - including proper flag display and flag salute.
Elements of civil government - including the primary functions of and interrelationships between the
Federal Government, the state, and its counties, municipalities, school districts, and special
districts.
United States history - including the period of discovery, early colonies, the War for Independence,
the Civil War, the expansion of the U.S., the world wars, and the civil rights movement. 11
The history of the Holocaust12 - including the systematic, planned annihilation of European Jews
and other groups by Nazi Germany to be taught 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.13 Required instruction in
this area also includes the recognition and prevention of prohibited anti-Semitic discrimination, such
as “. . . making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews or
the power of Jews as a collective . . .”14 Each school district is required to provide evidence and
annually certify to the DOE that the history of the Holocaust has been taught as prescribed by law. 15
The principles of agriculture.
The effects of alcoholic beverages and narcotics – including effects upon the body and mind.
Kindness to animals.
Florida history.
Conservation of natural resources.
Health education16 – including age and developmentally appropriate concepts of community health;
consumer health; environmental health; family life, such as: injury prevention and safety; internet
safety; nutrition; personal health; prevention and control of disease; substance use and abuse; and
the prevention of child sexual abuse, exploitation, and human trafficking.17
Life skills – including self-awareness and self-management; responsible decision making;
resiliency; relationship skills and conflict resolution; and understanding and respecting other
9 Section 1003.42(1)(a), F.S.
10 Section 1003.42(2)(a)-(t), F.S.
11 Section 1003.42(2)(f), F.S. American history must be viewed as factual, knowable, teachable, and testable and must be defined as
the creation of a new nation based largely on the universal principles stated in the Declaration of Independence.
12 The second week in November is designated as "Holocaust Education Week" in Florida. See s. 1003.42(2)(g)2., F.S.
13 In 2021, the State Board of Education adopted Holocaust education standards as part of the updated social studies standards. See
rule 6A-1.09401, F.A.C.
14 Section 1000.05(8)(a)2., F.S.
15 Section 1003.42(2)(g)1., F.S.
16 In 2021, the State Board of Education adopted new standards for health education. Rule 6A -1.09401, F.A.C. In 2022, the
Legislature established the Safer, Smarter Schools Program to implement the revised health education standards. The program must
provide a comprehensive personal safety curriculum that helps students remain safe from abuse and exploitation. Section 1003.4204,
F.S.
17 Section 1003.42(2)(n)1., F.S. The health education curriculum for students in grades 7 through 12 must include a teen dating
violence and abuse component. Section 1003.42(2)(n )2., F.S. For students in grades 6 through 12, the health education curriculum
must include an awareness of the benefits of sexual abstinence and the consequences of teenage pregnancy. Section 1003.42(2)( n)3.,
F.S. Any student whose parent makes a written request is exempt from the teaching of reproductive health or any disease, including
HIV/AIDS, its symptoms, development, and treatment. School districts are require d to notify parents of the right to reques t an
exemption. An exempt student may not be penalized because of the exemption. Section 1003.42( 5), F.S. All instructional materials
used in the instruction of reproductive health or any disease, including HIV/AIDS, must be approved annually by the district school
board in an open, noticed public meeting and be made available for review on the school district’s homepage. Section 1003.42( 1)(b)
and (5), F.S.
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viewpoints and backgrounds to build confidence, support mental and emotional health, and enable
students to overcome challenges.18
Additional materials, subjects, courses, or fields as prescribed by law or rules of the State Board of
Education and the district school board.19
Hispanic contributions to the U.S.
Women’s contributions to the U.S.
The nature and importance of free enterprise to the U.S. economy.
Civic and character education – including the qualities and responsibilities of patriotism and
citizenship, such as kindness; respect for authority, life, liberty, and personal property; honesty;
charity; racial, ethnic, and religious tolerance; and cooperation.20 Required instruction in this area
also includes instruction in voting for grade 11 and 12. 21
The sacrifices of veterans and Medal of Honor recipients – instruction must occur on or before
Medal of Honor Day, Veterans’ Day, and Memorial Day. Teachers are encouraged to use the
assistance of local veterans and Medal of Honor recipients. 22
The law specifies that teachers must teach these topics efficiently and faithfully, using books and
materials meeting the highest standards for professionalism and historical accuracy, following the
prescribed courses of study, and employing approved methods of instruction. 23 Unless otherwise
specified, the law generally does not prescribe grade level, instructional hours, or instructional materials
requirements for these topics.
In November 2022, the Department of Education (DOE) adopted a rule requiring school districts to
report, annually by July 1, on how instruction was provided during the previous school year for certain
subjects defined in s. 1003.42(2), F.S., including the history of African Americans.24 The report must
include specific courses offered for each grade level and what materials and resources were used. 25
Guiding Principles for Teaching Required Instruction Topics
In 2022, the Legislature required that instruction on required topics be consistent with the following
principles of individual freedom:26
No person is inherently racist, sexist, or oppressive, whether consciously or unconsciously, solely
by virtue of his or her race or sex.
No race is inherently superior to another race.
No person should be discriminated against or receive adverse treatment solely or partly on the
basis of race, color, national origin, religion, disability, or sex.
Meritocracy or traits such as a hard work ethic are not racist but fundamental to the right to pursue
happiness and be rewarded for industry.
A person, by virtue of his or her race or sex, does not bear responsibility for actions committed in
the past by other members of the same race or sex.
18 Section 1003.42(2)(n)4., F.S. For grades 9 through 12, life skills instruction must also include developing leadership skills,
interpersonal skills, organization skills, and research skills; creating a resume, including a digital resume; exploring care er pathways;
using state career planning resources; developing and practicing the skills necessary for employment interviews; workplace ethics and
workplace law; managing stress and expectations; and self-motivation. Section 1003.42(2)(n)4.f., F.S.
19 In June 2021, the SBE amended rule 6A-1.094124, F.A.C., clarifying that required instruction of topics such as the Holocaust,
slavery, the Civil War and Reconstruction, the civil rights movement and the contributions of women cannot suppress or distor t these
historical events. The amended rule expressly prohibits instruction that includes denial of the Holocaust and teaching of Critical Race
Theory, including a prohibition on the use of materials from the 1619 Project. Rule 6A -1.094124(3)(b), F.A.C.
20 Section 1003.42(2)(s), F.S.
21 Id.
22 A character development program that incorporates the values of the Medal of Honor and is offered in social studies, ELA, or other
character building and veteran awareness initiatives meets the character-development, and veterans and Medal of Honor instruction
requirements of s. 1003.42(2)(t), F.S. (flush left provisions at end of paragraph).
23 Section 1003.42(2), F.S.
24 Rule 6A-1.094124, F.A.C.
25 Id.
26 Section 1003.42(3), F.S.
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A person should not be instructed that he or she must feel guilt, anguish, or other forms of
psychological distress for actions, in which he or she played no part, committed in the past by other
members of the same race or sex.
The Legislature specified that instructional personnel may facilitate discussions and use curricula to
address, in an age-appropriate manner, how the freedoms of persons have been infringed by sexism,
slavery, racial oppression, racial segregation, and racial discrimination. However, classroom instruction
and curriculum may not be used to indoctrinate or persuade students to a particular point of view
inconsistent with the above principles.27
To enable students to better understand and appreciate the principles of individual freedom, the SBE is
required to develop a “Stories of Inspiration” curriculum to inspire future generations through motivating
stories of American history that demonstrate important life skills and the principles of individual freedom
that enabled persons to prosper even in the most difficult circumstances. 28
Effects of Proposed Changes
The bill requires school districts to annually certify and provide evidence to the DOE that requirements
on the instruction of African American history are being met. The DOE may prescribe the manner in
which this evidence is provided. In addition to seeking input from the Commissioner of Education’s
African American History Task Force, the bill allows the DOE to seek input from state or nationally
recognized African American educational organizations. This input may be used when preparing and
offering standards and curriculum for instruction in A