To update and prescribe the procedures governing the adoption of instructional materials for use by Florida school districts for the 2019-20 adoption and beyond.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-7.0710Instructional Materials Evaluation Procedures

PURPOSE AND EFFECT: To update and prescribe the procedures governing the adoption of instructional materials for use by Florida school districts for the 2019-20 adoption and beyond.

SUMMARY: The proposed rule updates the procedures governing the adoption of instructional materials for use by Florida school districts for the 2019-20 adoption and beyond. More specifically, the proposed amendments modify the incorporated document entitled, “Policies and Procedures Specifications for the Florida Instructional Materials Adoption” by specifying new evaluation criteria for Middle/Junior High School (M/J) Civics education materials, the addition of a Substitution Request form and No Common Core and Common Core Standards Assurance form for publishers. Substitution policy and procedure will not change.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed rule is not expected to have any adverse impact on economic growth, business competitiveness, regulatory costs or other factors listed in s. 120.541(2)(a), F.S. and is not expected to require legislative ratification. Since the proposed rule primarily includes new links to submit materials for consideration for state adoption and two forms without changing existing criteria for submission for and approval, it is not anticipated that the proposed rule will require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1001.02(1), 1003.4156(1), 1006.34(1), F.S.

LAW IMPLEMENTED: 1001.215(4), 1003.4156(1), 1006.29, 1006.30, 1006.31, 1006.32, 1006.33, 1006.34, 1006.36, 1006.38, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: September 20, 2019, 9:00 a.m.

PLACE: KIPP Jacksonville, 1440 North McDuff Avenue, Jacksonville, Florida 32254.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Cathy Seeds, Director of Library Media & Instructional Materials, K-12 Public Schools, at [e-mail] or [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-7.0710 Instructional Materials Evaluation Procedures.

(1) Publishers and manufacturers of instructional materials may submit sealed bids or proposals for the adoption of instructional materials by the Department of Education in response to the advertisement required by section 1006.33(1), F.S. The Policies and Procedures Specifications for the Florida Instructional Materials Adoption (http://www.flrules.org/Gateway/reference.asp?No=Ref-10030) is hereby incorporated by reference (effective October 2019November 2018) and will be available on the Florida Department of Education’s Office of Instructional Materials website at http://www.fldoe.org/academics/standards/instructional-materials.

(2) The following forms shall be submitted by instructional materials publishers or manufacturers when proposing instructional materials for adoption and are hereby incorporated by reference in this rule. These forms may be found on the Florida Instructional Materials Adoption Publisher Registration and online Bid Process Portal at https://www.flimadoption.org https://web01.fldoe.org/InstructMat/Publisher/Account/Login.aspx or by contacting the Department of Education, 325 West Gaines Street, Room 424, Tallahassee, Florida 32399.

(a) through (m) No change.

(n)  Form IM18, No Common Core and Common Core Standards Assurance (http://www.flrules.org/Gateway/reference.asp?No=) (Effective October 2019).

(3) through (4) No change.

(5)  Publishers may request permission to substitute editions of adopted materials.

(a)  A publisher requesting a substitution of materials must make the request in writing by completing Form IM17, Substitution Policies and Procedures, (DOS link) which is available by request to [e-mail] and is hereby incorporated by reference (effective October 2019).

(b)  Substitution of instructional materials submitted by publishers or manufacturers on a completed Form IM17, entitled Substitution Policies and Procedures, will be evaluated for approval based upon the following criteria:

1. The instructional materials are currently approved for adoption,

2. More than six (6) months have elapsed since execution of the contract with the Department of Education,

3. The materials must be revised editions that correct or update content,

4. The revised edition can be used satisfactorily with the currently adopted edition simultaneously in the same classroom,

5. The materials are identical, equal or superior to the specifications of the currently adopted edition, and

6. The materials are available at no increase in price.

Rulemaking Authority 1001.02(1), 1006.34(1) FS. Law Implemented 1006.29, 1006.30, 1006.31, 1006.32, 1006.33, 1006.34, 1006.36, 1006.38 FS. History–New 12-29-11, Amended 6-23-16, 11-28-18,

 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Cathy Seeds, Director of Library Media & Instructional Materials, K-12 Public Schools.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Richard Corcoran, Commissioner, Florida Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 19, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 1, 2019