This rule sets forth the objection form for district school boards, and to consider changing the form incorporated in the rule. This rule amendment is designed to implement House Bill 1069 from the 2023 legislative session.....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-7.0714Library and Instructional Materials Objection Report

PURPOSE AND EFFECT: This rule sets forth the objection form for district school boards, and to consider changing the form incorporated in the rule. This rule amendment is designed to implement House Bill 1069 from the 2023 legislative session.

SUMMARY: The proposed rule incorporates a new form for school districts to post on their website, the School District Material Objection form, and updates the criteria for the basis of an objection.

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 prescribes the form for school districts to post on their website and updates the criteria for the basis of an objection.

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), 1006.28(2)(a)2., F.S.

LAW IMPLEMENTED: 1006.28, F.S.

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

DATE AND TIME: October 18, 2023, 9:00 a.m.

PLACE: Caribe Royale Orlando, 8101 World Center Drive, Grand Sierra Ballroom D, Orlando, FL 32821.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Katelyn Barrington, Bureau of Standards and Instructional Support, 850-245-0633 or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-7.0714 Library and Instructional Materials Objection Report and Specific Material Objection Template.

(1) Purpose. The purpose of this rule is to provide school districts reporting instructions for materials that were subject to an objection by a parent or resident of a school district so that the Department of Education can publish an annual objection report, identifying materials removed or discontinued as a result of an objection, and to include the Specific Material Objection Template.

(2) No change.

(3) Specific Material Objection Template.

(a) School districts must use the template incorporated in this rule for objections to the school board for the following types of materials:

1. Materials used in a classroom in the district. This does not include instructional materials as defined in Section 1006.29(2), F.S., except as noted in subparagraph (3)(a)4. of this rule;

2. Materials made available to students in a school or classroom library;

3. Materials included on a school or classroom reading list; and

4. If applicable, instructional materials adopted and made available to students without the opportunity for public notice, review and hearing procedures by districts that implement their own instructional materials program under Section 1006.283, F.S.

(b) In order to assist a parent or resident of the county with the submission of an objection, Part I of the template must be modified by school districts with information and directions based upon policies adopted by the school board to handle objections, as required by Section 1006.28(2)(a)2., F.S. The information must:

1. Be easily understandable.

2. Include information about, and directions for, the district’s process for submission, review and disposition of an objection. This information must include any resolution procedures required before consideration by the school board, such as school-level review requirements.

3. Include district contact and submittal information for objections.

(c) The text of Part II of the template must not be modified by school districts, except as follows:

1. Districts must insert a Weblink to their processes and forms to object to instructional materials as shown on the template under Part II, Introduction, item 1.; and

2. Districts that do not implement their own instructional materials program under Section 1006.283, F.S., must remove item 4. from Part II, Introduction, as shown on the template. 

(d) Districts may modify the appearance of the template by placing it on their letterhead, changing the title or making other changes to the appearance of the template to assist in the ease of use. The text of the template may not be modified except as noted in this rule and in the incorporated template.

(e) The template entitled Specific Material Objection Template, (DOS link), effective November 2023, is incorporated in this rule and can be found at https://www.fldoe.org/academics/standards/instructional-materials/.

(4) (3) School District Objection Reporting. School Districts must report objections using the form entitled Library and Instructional Materials Objection Report, Form No. IM-D, http://www.flrules.org/Gateway/reference.asp?No=Ref-15453 (effective November June 2023). The form is incorporated by reference in this rule and may be obtained at https://www.fldoe.org/academics/standards/instructional-materials/.

(a) through (b) No change.

(5) (4) School districts must annually report the following information on the incorporated form:

(a) through (d) No change.

(e) The basis for the objection based on the following reasons:

1. through 2. No change.

3. Depicts or describes sexual conduct as defined in Section 847.001(19), F.S., unless such material is used in a health education course for instruction required by Sections 1003.46, 1003.42(2)(o)1.g., or 1003.42(2)(o)3., F.S.

4. 3. Not suited to student needs and ability to comprehend the material;

5. 4. Inappropriate for grade level and age group;

6. 5. Fails to meet criteria of Section 1006.31(2), F.S., including a description of the criteria that forms the basis for the objection; or

7. 6. Other, including a description of the criteria that forms the basis for the objection.

(f) through (g) No change.

(6) (5) Posting List of Removed or Discontinued Materials. Annually, by August 30, the Department will compile a list of materials removed or discontinued and publish the list at https://www.fldoe.org/academics/standards/instructional-materials/.

Rulemaking Authority 1001.02(1), (2)(n), 1006.28 FS. Law Implemented 1006.28(2)(e) FS. History‒New 6-27-23,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Katelyn Barrington, 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, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 22, 2023