5-00611A-24 20241414__ 1 A bill to be entitled 2 An act relating to education; providing a short title; 3 repealing s. 1000.05(4), F.S., relating to prohibited 4 training or instruction in specified concepts which 5 constitutes discrimination on the basis of race, 6 color, national origin, or sex; repealing s. 1000.071, 7 F.S., relating to personal titles and pronouns; 8 amending s. 1001.42, F.S.; prohibiting school 9 districts from adopting a procedure that compels or 10 authorizes school personnel to share certain 11 information with a parent under certain circumstances; 12 deleting a provision authorizing school districts to 13 adopt procedures that permit school personnel to 14 withhold certain information from a parent under 15 certain circumstances; deleting a prohibition against 16 classroom instruction on sexual orientation and gender 17 identity in specified grades; deleting an exception; 18 deleting a provision requiring student support 19 services to adhere to specified guidelines; amending 20 s. 1001.706, F.S.; deleting a requirement for the 21 Board of Governors to include in its review of state 22 university missions a directive to each university 23 regarding its programs for curricula that violate 24 certain provisions; repealing s. 1001.92(5), F.S., 25 relating to an educational institution losing its 26 eligibility for performance funding if a certain 27 violation is substantiated; amending s. 1003.42, F.S.; 28 requiring instruction in LGBTQ history in public 29 schools; conforming a cross-reference; amending s. 30 1004.06, F.S.; authorizing and encouraging Florida 31 College System institutions, state universities, and 32 direct-support organizations to develop programs based 33 on diversity, equity, and inclusion principles; 34 authorizing the expenditure of state or federal funds 35 to promote such programs; deleting a prohibition 36 against Florida College System institutions, state 37 universities, and direct-support organizations 38 expending funds on programs or activities that 39 advocate for diversity, equity, and inclusion or that 40 promote or engage in political or social activism; 41 deleting obsolete language; amending s. 1006.28, F.S.; 42 providing that certain provisions relating to district 43 school board duties and materials made available in 44 schools do not apply to classroom libraries; revising 45 requirements for resolving objections to instructional 46 materials; deleting a requirement that any 47 instructional material that is subject to an objection 48 be removed within 5 school days; deleting a 49 requirement that a school board discontinue use of an 50 instructional material if certain conditions are met; 51 providing that school libraries may provide materials 52 and information presenting all points of view; 53 providing that materials may not be proscribed or 54 removed due to partisan or doctrinal disapproval; 55 amending s. 1007.25, F.S.; deleting certain 56 prohibitions for general education courses; providing 57 an effective date. 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1.âThis act may be cited as the âFreedom to Learn 62 Act.â 63 Section 2.âSubsection (4) of section 1000.05, Florida 64 Statutes, is repealed. 65 Section 3.âSection 1000.071, Florida Statutes, is repealed. 66 Section 4.âParagraph (c) of subsection (8) of section 67 1001.42, Florida Statutes, is amended to read: 68 1001.42âPowers and duties of district school board.âThe 69 district school board, acting as a board, shall exercise all 70 powers and perform all duties listed below: 71 (8)âSTUDENT WELFARE.â 72 (c)1.âIn accordance with the rights of parents enumerated 73 in ss. 1002.20 and 1014.04, adopt procedures for notifying a 74 studentâs parent if there is a change in the studentâs services 75 or monitoring related to the studentâs mental, emotional, or 76 physical health or well-being and the schoolâs ability to 77 provide a safe and supportive learning environment for the 78 student. The procedures must reinforce the fundamental right of 79 parents to make decisions regarding the upbringing and control 80 of their children by requiring school district personnel to 81 encourage a student to discuss issues relating to his or her 82 well-being with his or her parent or to facilitate discussion of 83 the issue with the parent. The procedures may not prohibit 84 parents from accessing any of their studentâs education and 85 health records created, maintained, or used by the school 86 district, as required by s. 1002.22(2). 87 2.âA school district may not adopt procedures or student 88 support forms that prohibit school district personnel from 89 notifying a parent about his or her studentâs mental, emotional, 90 or physical health or well-being, or a change in related 91 services or monitoring, or that encourage or have the effect of 92 encouraging a student to withhold from a parent such 93 information. School district personnel may not discourage or 94 prohibit parental notification of and involvement in critical 95 decisions affecting a studentâs mental, emotional, or physical 96 health or well-being. A school district may not adopt a 97 procedure that compels or authorizes school personnel to provide 98 such information to a parent if a reasonably prudent person 99 would believe that disclosure would result in harm to the 100 student, including, but not limited to, This subparagraph does 101 not prohibit a school district from adopting procedures that 102 permit school personnel to withhold such information from a 103 parent if a reasonably prudent person would believe that 104 disclosure would result in abuse, abandonment, or neglect, as 105 those terms are defined in s. 39.01. 106 3.âClassroom instruction by school personnel or third 107 parties on sexual orientation or gender identity may not occur 108 in prekindergarten through grade 8, except when required by ss. 109 1003.42(2)(n)3. and 1003.46. If such instruction is provided in 110 grades 9 through 12, the instruction must be age-appropriate or 111 developmentally appropriate for students in accordance with 112 state standards. This subparagraph applies to charter schools. 113 4.âStudent support services training developed or provided 114 by a school district to school district personnel must adhere to 115 student services guidelines, standards, and frameworks 116 established by the Department of Education. 117 5.âAt the beginning of the school year, each school 118 district shall notify parents of each health care service 119 offered at their studentâs school and the option to withhold 120 consent or decline any specific service in accordance with s. 121 1014.06. Parental consent to a health care service does not 122 waive the parentâs right to access his or her studentâs 123 educational or health records or to be notified about a change 124 in his or her studentâs services or monitoring as provided by 125 this paragraph. 126 4.6.âBefore administering a student well-being 127 questionnaire or health screening form to a student in 128 kindergarten through grade 3, the school district must provide 129 the questionnaire or health screening form to the parent and 130 obtain the permission of the parent. 131 5.7.âEach school district shall adopt procedures for a 132 parent to notify the principal, or his or her designee, 133 regarding concerns under this paragraph at his or her studentâs 134 school and the process for resolving those concerns within 7 135 calendar days after notification by the parent. 136 a.âAt a minimum, the procedures must require that within 30 137 days after notification by the parent that the concern remains 138 unresolved, the school district must either resolve the concern 139 or provide a statement of the reasons for not resolving the 140 concern. 141 b.âIf a concern is not resolved by the school district, a 142 parent may: 143 (I)âRequest the Commissioner of Education to appoint a 144 special magistrate who is a member of The Florida Bar in good 145 standing and who has at least 5 yearsâ experience in 146 administrative law. The special magistrate shall determine facts 147 relating to the dispute over the school district procedure or 148 practice, consider information provided by the school district, 149 and render a recommended decision for resolution to the State 150 Board of Education within 30 days after receipt of the request 151 by the parent. The State Board of Education must approve or 152 reject the recommended decision at its next regularly scheduled 153 meeting that is more than 7 calendar days and no more than 30 154 days after the date the recommended decision is transmitted. The 155 costs of the special magistrate shall be borne by the school 156 district. The State Board of Education shall adopt rules, 157 including forms, necessary to implement this subparagraph. 158 (II)âBring an action against the school district to obtain 159 a declaratory judgment that the school district procedure or 160 practice violates this paragraph and seek injunctive relief. A 161 court may award damages and shall award reasonable attorney fees 162 and court costs to a parent who receives declaratory or 163 injunctive relief. 164 c.âEach school district shall adopt and post on its website 165 policies to notify parents of the procedures required under this 166 subparagraph. 167 d.âNothing contained in this subparagraph shall be 168 construed to abridge or alter rights of action or remedies in 169 equity already existing under the common law or general law. 170 Section 5.âParagraph (a) of subsection (5) of section 171 1001.706, Florida Statutes, is amended to read: 172 1001.706âPowers and duties of the Board of Governors.â 173 (5)âPOWERS AND DUTIES RELATING TO ACCOUNTABILITY.â 174 (a)âThe Legislature intends that the Board of Governors 175 shall align the missions of each constituent university with the 176 academic success of its students; the existing and emerging 177 economic development needs of the state; the national reputation 178 of its faculty and its academic and research programs; the 179 quantity of externally generated research, patents, and 180 licenses; and the strategic and accountability plans required in 181 paragraphs (b) and (c). The Board of Governors shall 182 periodically review the mission of each constituent university 183 and make updates or revisions as needed. Upon completion of a 184 review of the mission, the board shall review existing academic 185 programs for alignment with the mission. The board shall include 186 in its review a directive to each constituent university 187 regarding its programs for any curriculum that violates s. 188 1000.05 or that is based on theories that systemic racism, 189 sexism, oppression, and privilege are inherent in the 190 institutions of the United States and were created to maintain 191 social, political, and economic inequities. The mission 192 alignment and strategic plan must consider peer institutions at 193 the constituent universities. The mission alignment and 194 strategic plan must acknowledge that universities that have a 195 national and international impact have the greatest capacity to 196 promote the stateâs economic development through: new 197 discoveries, patents, licenses, and technologies that generate 198 state businesses of global importance; research achievements 199 through external grants and contracts that are comparable to 200 nationally recognized and ranked universities; the creation of a 201 resource rich academic environment that attracts high-technology 202 business and venture capital to the state; and this generationâs 203 finest minds focusing on solving the stateâs economic, social, 204 environmental, and legal problems in the areas of life sciences, 205 water, sustainability, energy, and health care. A nationally 206 recognized and ranked university that has a global perspective 207 and impact must be afforded the opportunity to enable and 208 protect the universityâs competitiveness on the global stage in 209 fair competition with other institutions of other states in the 210 highest Carnegie Classification. 211 Section 6.âSubsection (5) of section 1001.92, Florida 212 Statutes, is repealed. 213 Section 7.âParagraph (g) of subsection (2) of section 214 1003.42, Florida Statutes, is amended, and paragraph (v) is 215 added to that subsection, to read: 216 1003.42âRequired instruction.â 217 (2)âMembers of the instructional staff of the public 218 schools, subject to the rules of the State Board of Education 219 and the district school board, shall teach efficiently and 220 faithfully, using the books and materials required that meet the 221 highest standards for professionalism and historical accuracy, 222 following the prescribed courses of study, and employing 223 approved methods of instruction, the following: 224 (g)1.âThe history of the Holocaust (1933-1945), the 225 systematic, planned annihilation of European Jews and other 226 groups by Nazi Germany, a watershed event in the history of 227 humanity, to be taught in a manner that leads to an 228 investigation of human behavior, an understanding of the 229 ramifications of prejudice, racism, and stereotyping, and an 230 examination of what it means to be a responsible and respectful 231 person, for the purposes of encouraging tolerance of diversity 232 in a pluralistic society and for nurturing and protecting 233 democratic values and institutions, including the policy, 234 definition, and historical and current examples of anti 235 Semitism, as described in s. 1000.05(7) s. 1000.05(8), and the 236 prevention of anti-Semitism. Each school district must annually 237 certify and provide evidence to the department, in a manner 238 prescribed by the department, that the requirements of this 239 paragraph are met. The department shall prepare and offer 240 standards and curriculum for the instruction required by this 241 paragraph and may seek input from the Commissioner of 242 Educationâs Task Force on Holocaust Education or from any state 243 or nationally recognized Holocaust educational organizations. 244 The department may contract with any state or nationally 245 recognized Holocaust educational organizations to develop 246 training for instructional personnel and grade-appropriate 247 classroom resources to support the developed curriculum. 248 2.âThe second week in November shall be designated as 249 âHolocaust Education Weekâ in this state in recognition that 250 November is the anniversary of Kristallnacht, widely recognized 251 as a precipitating event that led to the Holocaust. 252 (v)âThe study of LGBTQ history in Florida and the LGBTQ 253 communityâs contributions to the United States, which may 254 include important United States Supreme Court cases, such as 255 Obergefell v. Hodges and Windsor v. United States; the Florida 256 Legislative Investigation Committee; and the tragedy at Pulse 257 Nightclub. 258 259 The State Board of Education is encouraged to adopt standards 260 and pursue assessment of the requirements of this subsection. 261 Instructional programming that incorporates the values of the 262 recipients of the Congressional Medal of Honor and that is 263 offered as part of a social studies, English Language Arts, or 264 other schoolwide character building and veteran awareness 265 initiative meets the requirements of paragraph (u). 266 Section 8.âSubsections (2) and (3) of section 1004.06, 267 Florida Statutes, are amended to read: 268 1004.06âProhibited expenditures.â 269 (2)âA Florida College System institution, state university, 270 Florida College System institution direct-support organization, 271 or state university direct-support organization may, and is 272 encouraged to, develop programs and campus activities anchored 273 in the principles of diversity, equity, and inclusion. Programs 274 and courses may not expend any state or federal funds to 275 promote, support, or maintain any such programs or campus 276 activities that: 277 (a)âViolate s. 1000.05; or 278 (b)âAdvocate for diversity, equity, and inclusion, or 279 promote or engage in political or social activism, as defined by 280 rules of the State Board of Education and regulations of the