To update and prescribe the procedures governing the adoption of instructional materials for use by Florida school districts for the 2022-2023 adoption and beyond in order to improve the quality of the review process and ....

 

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 2022-2023 adoption and beyond in order to improve the quality of the review process and to include changes as a result of House Bill 7.

SUMMARY: This rule has been updated to include forms for reviewers and publishers and to include increased requirements for reviewers.

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 or business competitiveness, or increase regulatory costs or any other factor set forth in s. 120.541(2), F.S., and will not require legislative ratification. This is based upon the nature of the proposed rule, which updates the existing standards for instructional materials publishers and reviewers.

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), (2)(n), 1006.34(1), F.S.

LAW IMPLEMENTED: 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: October 19, 2022, 9 a.m.

PLACE: Caribe Royal, 8101 World Center Drive, Orlando, Florida 32821.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Amber Baumbach, Bureau of Standards and Instructional Support, [phone] or [e-mail].

 

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-12107) is hereby incorporated by reference (effective November 2022 August 2020) 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 Portal at https://www.flimadoption.org or by contacting the Department of Education, 325 West Gaines Street, Room 424, Tallahassee, Florida 32399.

(a) through (n) No change.

(o) Form IM19, Principles of Individual Freedom Assurance for Publishers (DOS link) (Effective November 2022).

(3) Instructional materials submitted by publishers or manufacturers for adoption will be evaluated as follows:

(a) through (c) No change.

(d) State and district instructional materials reviewers will evaluate materials utilizing the Department’s instructional materials database and online evaluation system accessible through the main instructional materials website http://www.fldoe.org/academics/standards/instructional-materials. The Instructional Materials Reviewer Portal (http://www.flrules.org/Gateway/reference.asp?No=Ref-06883) is hereby incorporated by reference and effective June 2016. The state instructional materials reviewers shall be state or national experts in the academic content area being reviewed for adoption. Prior to beginning the review process, state instructional materials reviewers shall complete a training provided by the Department of Education on how materials will be evaluated for alignment to state academic standards, applicable Florida Statutes and applicable State Board of Education rules. The state instructional materials reviewers will generally hold one or more of the following credentials:

1. through 4. No change.

(e) If the state instructional materials reviewer is a Florida teacher and has a student growth model score as outlined in s. 1012.34(7)(a), F.S., that contains data from the most recent school year, then the classification of the score must be effective or highly effective as outlined in Rule 6A-5.0411(5), F.A.C.

(f)(e) State instructional materials reviewers must complete Form IM15, Affidavit of State Instructional Materials Reviewers (Reviewer) (http://www.flrules.org/Gateway/reference.asp?No=Ref-06884) which is available on the instructional materials website http://www.fldoe.org/academics/standards/instructional-materials and is hereby incorporated by reference (effective June 2016). The original must be filed with the department before the reviewer completes the reviewer training and is assigned materials to review.

(g) Form IM20, Principles of Individual Freedom Assurance for Instructional Materials Reviewers (DOS link) (Effective November 2022).

(h)(f) The approved adopted list and the associated reviewer ratings from the standards alignment portion of the state reviewer rubric will be published on the instructional materials website http://www.fldoe.org/academics/standards/instructional-materials.

(4) through (5) No change.

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, 10-24-19, 8-18-20,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Amber Baumbach, Bureau of Standards and Instructional Support.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 22, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 12, 2022