Current through Reg. 50, No. 187; September 24, 2024
(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) Definitions. In this rule, the following
definitions apply:
(a) "Instructional
materials" means the definition of instructional materials set forth in Section
1006.29(2),
F.S.
(b) "Objection" means those
objections to materials submitted by a parent or resident of the school
district and resolved under a school district's policy adopted to implement
Section 1006.28(2)(a)2., F.S.
(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, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-16950),
effective September 2024, is incorporated in this rule and can be found at
https://www.fldoe.org/academics/standards/instructional-materials/.
(4) 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-16014
(effective November 2023). The form is incorporated by reference in this rule
and may be obtained at
https://www.fldoe.org/academics/standards/instructional-materials/.
(a) The form must be submitted electronically
to
https://districts.flimadoption.org.
(b) The form is due annually by June
30.
(5) School districts
must annually report the following information on the incorporated form:
(a) Whether materials were subject to an
objection submitted to the school district between July 1 and June
30.
(b) The type of material
subject to an objection based upon two categories: instructional materials and
all other materials.
(c) The title,
author and, where applicable, the ISBN of the material.
(d) The grade level(s), and course name and
number, as set forth in the Course Code Directory incorporated in Rule
6A-1.09441, F.A.C., where use or
access to the material was objected to, where applicable.
(e) The basis for the objection based on the
following reasons:
1. Pornographic;
2. Prohibited under Section
847.012, F.S.;
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. Not suited to student needs
and ability to comprehend the material;
5. Inappropriate for grade level and age
group;
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. Other, including a
description of the criteria that forms the basis for the objection.
(f) School district action on an
objection. A school district's action on the objection must be reported using
the following description of school district decision on the objection:
1. The material was removed, discontinued or
access limited. Include grade level and course name and number, or other area
where material was removed, discontinued or access limited, if
applicable;
2. The material was not
removed, discontinued or access limited; or
3. Pending, where the objection is not
resolved by June 30. Any pending objection must be reported the following year
when the objection is resolved by a school district.
(g) The rationale for removing,
discontinuing, or limiting access to the material or not taking any of these
actions.
(6) 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.
New 6-27-23, Amended
11-21-23.
