SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS | Policy Manual

2520 - SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS

Instructional Materials
1. The Board adopts courses of study pursuant to State law and Policy 2220. When adopting courses of study, State law also requires the Board to adopt and provide adequate instructional materials to students enrolled in the District.
2. "Adequate instructional materials" means a sufficient number of student or site licenses or sets of materials that are available in bound, unbound, kit, or package form and may consist of hard-backed or soft-backed textbooks, electronic content, consumables, learning laboratories, manipulatives, electronic media, and computer courseware or software that serves as the basis for instruction for each student in the core courses of mathematics, language arts, social studies, science, reading, and literature.
3. Furthermore, Federal law requires the Board to provide accessible instructional materials as specified in a student's Individualized Education Program (IEP). Such accessible instructional materials may be of a type or in a format as specified in the definition of adequate instructional materials in this policy.
4. "Library media center" means any collection of books, ebooks, periodicals, or videos maintained and accessible on the site of a school, including in classrooms.
  
  As required by State law, instructional materials adopted and used in the District shall be consistent with the goals and objectives in the District's adopted course of study and with the course descriptions established by State Board rule. The Board is responsible for the content of all instructional materials and any other materials used in a classroom, made available in a school or classroom library, or included on a reading list.
5. Each principal shall provide that instructional materials are used to provide instruction to students enrolled at the grade level or levels for which the materials are designed pursuant to adopted Board policies. Each principal shall communicate to parents the manner in which instructional materials are used to implement the curricular objectives of the school and the procedures for contesting the adoption and use of instructional materials. Principals are also responsible for overseeing compliance with District procedures for selecting school library media center materials at the school to which they are assigned and notifying parents of the process for objecting to the use of specific materials.
6. The Superintendent shall develop administrative procedures that set forth a process to involve staff in the review and evaluation of instructional materials. The staff involved in this process shall recommend to the Superintendent for submission to the Board for adoption the instructional materials that address the goals and objectives for adopted courses of study and the course descriptions established by State Board rule. The instructional materials shall be from the State-adopted instructional materials list if there has been a State adoption or from publishers and other resources if there has not been a State adoption. A meeting of a committee for the purpose of ranking, eliminating, or selecting instructional materials for recommendation to the Board must be noticed and open to the public in accordance with F.S. 286.011. A committee convened for such purposes must include parents of District students who will have access to such materials.
7. The Superintendent's procedures shall also prescribe the process for the acquisition, management, use, accountability, and reporting requirements of all instructional materials.
Certification by Superintendent
1. The Superintendent shall annually provide notice to the Department of Education of the State-adopted instructional materials that will be requisitioned for use in the district, including the District's plan for use of the materials.
2. On or before July 1 each year, the Superintendent will certify to the Commissioner of Education (1) the estimated allocation of state funds for instructional materials for the ensuing fiscal year; and (2) that school librarians and media specialists who are involved in the selection of library media materials for students have completed the online Library Media Training course.
3. By August 1 each year, the Superintendent will certify to the Commissioner of Education that the Board has approved a comprehensive staff development plan that supports fidelity of implementation of instructional materials programs, including verification that training was provided the materials are being implemented as designed, and that core reading materials and reading intervention materials used in kindergarten through grade 5 meet the requirements of F.S. 1001.215
Adoption of Instructional Materials
1. Prior to submitting a recommendation to the Board regarding the recommended instructional materials, those materials will be accessible for review online for at least twenty (20) calendar days prior to the open publicly noticed meeting at which a public hearing will be held so that the Board can receive comment, if any, about the instructional material under consideration for adoption. The Superintendent shall establish reasonable safeguards against the unauthorized use, reproduction, and distribution of the instructional material under consideration.
2. Following the public hearing, the Board may act upon the Superintendent's recommendation to adopt the instructional materials.
3. At an open publicly noticed meeting following the meeting at which the instructional material is adopted, the Board shall consider a recommendation to approve an annual instructional materials plan that identifies any instructional materials to be purchased pursuant to the instructional materials review process described herein.
4. The Superintendent shall maintain a list of all adopted instructional materials.
Publication on Website the List of Instructional Materials and Process to Limit Student Access
1. The Board will publish on its website, in a searchable format, a list of all instructional materials, including those used to provide required instruction under Florida law.
2. The Board will adopt and publish on its website the process for a parent to limit his/her student's access to materials in the school or classroom library.
School Library Media Centers and Reading Lists
1. Effective July 1, 2022, each book newly made available to students through a school library media center or included in a recommended or assigned school or grade level reading list must be selected and approved by a District employee who holds a valid educational media specialist certificate, regardless of whether the book is purchased, donated or otherwise made available to students.
Procedures for Developing Media Collections
1. The media specialist will endeavor to stay informed about appropriate new publications, using multiple sources, such as discussions with colleagues, attendance at conferences, and reading a variety of periodicals and book reviews. The media specialist will also receive and consider suggestions or requests brought forward by other faculty, students, and parents.
2. In purchasing new acquisitions for the school library media center and reading lists, the media specialist will consult reputable, professionally recognized reviewing periodicals and school community stakeholders to determine if they would be suitable for student needs and whether they would be appropriate for the intended grade level and age group. The media specialist will also assess the level of student interest in the subject(s) presented and the ability of students to comprehend the material. Books that are selected must be free of pornography and material prohibited under F.S. 847.012.
3. The goal of the selection process is for the school’s library media center and reading list collections to be based on reader interest, the support of State standards and aligned curriculum, and the academic needs of students and faculty.
4. After evaluation, the media specialist will inform the principal of those books that have been evaluated and are approved for inclusion in the collections.
5. Periodically, books will be removed from the collection or discontinued, based on their poor condition, low rate of circulation, non-alignment to State standards, out-of-date content, or status following a parent’s or community member’s objection.
6. The procedure for developing library media center and reading list collections will be posted on the website for each school in the District.
7. Upon written request, an individual will be provided access to material or books specified in the written request that are maintained in a District library if such material or books are available for review. The Principal shall arrange for a convenient time to provide such access.
8. Each elementary school must publish on its website, in a searchable format, a list of all materials maintained and accessible in the school library media center or a classroom library which can be checked out or used by a student or required as part of a school or grade-level reading list. The format must:
  1. identify the type of material maintained in the library media center by category, such as books, ebooks, periodicals, and videos;
  2. list, at a minimum, the following information:
    1. the title and author for books and ebooks;
    2. the name or title for periodicals and videos; and,
    3. the title for any other material maintained in the media center.
9. Books and ebooks must be searchable by, at a minimum, author and title. All other materials must be searchable by, at a minimum, title.
Purchase of Instructional Materials
1. Following adoption by the Board, requisitions shall be issued to purchase current instructional materials from the State-adopted instructional materials list so that each student in kindergarten through grade 12 will have a major tool of instruction in core courses of the subject areas of mathematics, language arts, science, social studies, reading, and literature. Any materials purchased shall be free of pornography and material prohibited under F.S. 847.12, suited to student needs and their ability to comprehend the material presented, and appropriate for the grade level and age group for which the materials are used or made available. The Board will purchase all materials as a separate line item on the regular (non-consent) agenda and will provide reasonable opportunity for public comment.
2. Requisitions shall also be issued to purchase instructional materials that will be the major tool of instruction for subjects in the State Course Code Directory for which the Board has adopted courses of study, but for which there are no materials on the State-adopted instructional materials list.
3. The Superintendent shall approve these purchases.
4. In any year in which the total instructional materials allocation for District has not been expended or obligated prior to June 30th, the unobligated amount shall be carried forward and added to the next year's allocation.
5. The District shall maintain on its website a current list of instructional materials, by grade level, purchased by the District.
Replacement and Purchase of Instructional Materials by Students/Parents
1. Students may be held responsible for the cost of replacing any instructional materials lost, destroyed, or unnecessarily damaged. Failure to provide payment for the damage or loss may result in the suspension of the student from participation in extra-curricular activities, or the debt may be satisfied by the student performing community service activities at the school site as determined by the school principal.
2. A student or his/her parent(s) may purchase a copy of the designated course instructional materials, regardless of format, for the District's purchase price, including shipping, plus ten percent (10%).
3. Cost of materials may be charged for materials used in those activities beyond the basic curriculum in which a student elects to participate, particularly in activities where the product becomes the property of the student.
Filing a Petition
1. A parent or resident must file a petition with the Board within thirty (30) calendar days after the Board's adoption of specific instructional material, on a form provided by the Board. The petition form (2520 F1) shall be publicly available by visiting any school in person or by accessing the link on the Board's website. The petition must be signed by the parent or resident, include the required contact information, and state the objection to the instructional material based on the criteria set forth in F.S. 1006.31(2) or 1006.40(3)(d).
Timeframe for Hearing
1. When the thirty (30) calendar day period following Board adoption of the instructional material in question has expired, the Board will conduct at least one (1) open public hearing before an unbiased and qualified hearing officer for all timely petitions received.
Hearing Officers
1. Hearing officers are not employees or agents of the District with the exception of any agreement entered into for purposes of conducting the hearings set forth herein. Hearing officers shall be selected annually by the Board from a list of candidates provided by the Superintendent.
Procedures for Hearings
1. Petitioners will have an adequate and fair opportunity to be heard and present evidence to the hearing officer. Hearings shall be conducted as follows:
  1. The petitioner may make an opening statement.
  2. The District’s representative may make an opening statement.
  3. The petitioner may present evidence (including documents and testimony from witnesses) that instructional material does not meet the criteria of F.S. 1006.31(2) or 1006.40(3)(d) if it was selected for use in a course or otherwise made available to students in the School District but was not subject to the public notice, review, comment, and hearing procedures under F.S. 1006.283(2)(b)8., 9., and 11.
  4. The District representative may present evidence (including documents and testimony from witnesses) that the instructional material does meet the criteria of F.S. 1006.31(2) or 1006.40(3)(d) if it was selected for use in a course or otherwise made available to students in the School District but was not subject to the public notice, review, comment, and hearing procedures under F.S. 1006.283(2)(b)8., 9., and 11.
  5. The petitioner may make a closing statement.
  6. The District representative may make a closing statement.
2. Within fourteen (14) days of the date of the hearing, the hearing officer shall submit a recommended order to the Board. The Board shall consider the recommended order and enter a final order at a publicly noticed Board meeting. If the petitioner proves that instructional material does not meet the criteria required under F.S.1006.28, or contains prohibited material under that statute, it shall be removed in accordance with Florida law. The Board’s decision is final and not subject to further petition or review.
3. Hearings under this policy are not subject to the provisions of F.S. Chapter 120.
Process for Objection of Non-State-Adopted Instructional Materials (Classroom and Library)
1. Reference to non-state adopted instructional materials are in use in the classroom and/or other material that may be placed in the school’s library.
2. A parent/legal guardian of a public school student or a resident of the county shall use the following procedures to present evidence that the material does not meet the criteria of F.S. 1006.28 and 1006.40(3)(d) by requesting reconsideration of the challenged material.
3. Procedures:
  1. A parent/legal guardian, student, or district resident who has an objection(s) to the use of specific non-state adopted instructional material accessed in school classrooms and/or libraries must first request, in writing to the Assistant Superintendent of Curriculum and Instruction. The Assistant Superintendent or designee will schedule the follow-up to the requestor.
  2. Each impacted school will be notified by the Assistant Superintendent of Curriculum and Instruction to commence the informal review of the material/s in consideration of F.S. 1006.28 and F.S. 1006.40(3)(d) sections 1, 2, and 3.
  3. Results of the informal review will be shared with the petitioner within thirty (30) days excluding summer, winter break, or spring break. Informal requests and their results will be posted on the District Library/Media website.
  4. If the requester is not satisfied with the results of the informal review, the parent/legal guardian or resident will be provided with the Request for Objection Form (Form 2522 F1) to file a written request for reconsideration. The Assistant Superintendent or designee shall also provide an explanation of the process that will be followed. Any such written request for reconsideration will be filed with the Assistant Superintendent of Curriculum and Instruction or designee.
  5. The Request for Objection Form (Form 2522 F1) per title must be filed with the Assistant Superintendent of Curriculum and Instruction. The Assistant Superintendent shall notify the Library/Media Content Specialist, the Superintendent, and the Board.
  6. Schools with the identified titles will be notified to remove the books from circulation pending the outcome of the objection process.
  7. Upon receipt of a Request for Objection Form (Form 2522 F1), the District Library/Media Content Specialist shall convene the District Material Review Advisory Committee to review the objectionable materials. The District Material Review Advisory Committee shall be established at the beginning of each school year and modified following a change in board member(s). The District Material Review Advisory Committee shall include:
    1. the District library media content specialist – or designee (who shall serve as the Non-Voting Committee’s chair);
    2. one (1) parent/legal guardian/community member per school board member preselected to serve excluding the requestor.
    3. at least one (1) committee member must be a parent/legal guardian of students who will have access to such materials.
    4. in the event of the need for additional committees, the Board has the authority to add additional review advisory committees following the established protocols.
  8. In preparation for its review:
    1. Each member of the District Material Review Advisory Committee shall receive a copy of the completed Request for Objection Form (Form 2522 F1) and any other information about the objectionable material that the District Material Review Advisory Committee may want to see.
    2. The District Review Advisory Committee will receive a copy of the book and given adequate time to read the book. (A minimum of 100 pages within the book per week or at an increased pace based on committee determination) The District will utilize existing book copies prior to purchasing new books.
    3. The District Material Review Advisory Committee shall meet in the Sunshine (meaning the meeting shall be open to the public and advertised at the District level).
    4. The District Material Review Advisory Committee shall meet to review the objectionable material within fifteen (15) working days after the process of reading has been completed per book up for reconsideration.
  9. The advisory committee, in evaluating the material questioned, shall be guided by F.S. 1006.28 and 1006.40 and the following criteria:
    1. The District Material Review Advisory Committee shall have an understanding of the entire work.
    2. The appropriateness of the material for the age and maturity level of the students with whom it is being used
    3. The accuracy of the material
    4. The objectivity of the material
    5. The use being made of the material
  10. The advisory committee’s recommendation shall be based on one (1) of the following:
    1. the objectionable instructional material contains prohibited content under F.S. 1006.40(3) (pornographic or depicts sexual conduct or not suited to student needs or inappropriate for age and grade level) and/or contains prohibited content under F.S. 1006.28 or 1006.40. The recommendation would be to discontinue use of the material for any grade level or age group for which the committee determines such use is inappropriate or unsuitable. The District Material Review Advisory Committee’s recommendation will be submitted.
      
      OR
    2. the objectional instructional material does not contain prohibited content under F. S. 1006.28 and 1006.40. The recommendation would be for the instructional materials(s) to remain available in the schools for which the committee determined the grade level was appropriate and/or recommend limited access for specific grade levels deemed appropriate.
  11. The recommendation will be reported to the Superintendent in writing within two (2) student school days following the completion of the process. The Superintendent or designee will advise the requestor, in writing, of the committee’s recommendation that will be submitted to the Board. The Superintendent or designee will submit the committee recommendation to the Board for final decision-making.
  12. The Board’s decision is final for five (5) years.
  13. Any material that is subject to an objection on the basis that it is pornographic or prohibited under F.S. 847.012 or depicts or describes sexual conduct as defined in F.S. 847.001(19) (unless such material is for a course required by F.S. 1003.46, F.S. 1003.42(2)(n)1.g., F.S. 1003.42(2)(n)3., or identified by State Board of Education rule) must be removed within five (5) school days of receipt of the objection and remain unavailable to students of that school until the objection is resolved.
  14. Parents shall have the right to read passages from any material that is subject to an objection. If the Board denies a parent the right to read passages due to content that is subject to an objection on the basis that it is pornographic or prohibited under F.S. 847.012 or depicts or describes sexual conduct as defined in F.S. 847.001(19) (unless such material is for a course required by F.S. 1003.46, F.S. 1003.42(2)(n)1.g., F.S. 1003.42(2)(n)3., or identified by State Board of Education rule), the District shall discontinue the use of the material.
  15. If the Board finds that any material meets the requirements under F.S. 1006.28(2)(a)2.a or that any other material contains prohibited content under F.S. 1006.28(2)(a)2.b.(I), the District shall discontinue use of the material.
  16. If the Board finds that any other material contains prohibited content under F.S. 1006.28(2)(a)2.b.(II)-(IV), the District shall discontinue use of the material for any grade level or age group for which such use is inappropriate or unsuitable.
  17. If a parent disagrees with the determination made by the Board on the objection to the use of a specific material, a parent may request the Commissioner of Education to appoint a special magistrate who is a member of The Florida Bar in good standing and who has at least five (5) years’ experience in administrative law. The special magistrate shall determine facts relating to the District’s determination, consider information provided by the parent and the District, and render a recommended decision for resolution to the State Board of Education within thirty (30) days after receipt of the request by the parent.
  18. The State Board of Education must approve or reject the recommended decision at its next regularly scheduled meeting that is more than seven (7) calendar days and no more than thirty (30) days after the date the recommended decision is transmitted. The costs of the special magistrate shall be borne by the District.
Free School-Related Instructional Materials
1. Free instructional materials may be accepted for classroom and school purposes under conditions that meet all the following criteria:
  1. The initiative for securing the materials should be of the type that teachers seek rather than materials forwarded to them to promote the interests of an outside agency.
  2. The materials should fill a legitimate purpose of the school curriculum.
  3. The advertising feature of the materials should be minimized. Educational films should contain a minimum amount of commercial advertising.
Equipment or Instructional Materials Vendors
1. The principal may permit vendors to demonstrate and show only that equipment and instructional materials which can be used to improve the instructional program and which are under consideration for purchase by the school.
New Worlds Reading Initiative
1. The New Worlds Reading Initiative, created by the Florida Department of Education, provides high-quality, free books directly to Prekindergarten-5 students who are not yet reading on grade level, who score below a level 3 on the most recent Statewide English Language Arts Assessment (ELA), or having a substantial deficiency in reading identified under F.S. 1008.25, or who have a substantial deficiency in early literacy skills based upon the results of the coordinated screening and progress monitoring under F.S. 1008.25.
2. The School District must notify parents of eligible students upon enrollment and at the beginning of each school year options for specific book topics or genres in order to maximize student interest in reading. The District must coordinate monthly book deliveries with the program administrator beginning no later than October and continuing through at least June. The District must participate in the initiative by partnering with local nonprofit organizations and raising awareness by using marketing materials provided by the program administrator. A student's eligibility for the initiative continues until promotion to grade 6 or until the parent opts out of the initiative.
3. The District shall coordinate with each charter school it sponsors for the purposes of identifying eligible students, notifying parents, coordinating book deliveries, providing the opportunity to annually select book topics and genres, and raising awareness of the initiative.
4. The District shall also establish a data-sharing agreement with the initiative's administrator to allow for a streamlined student verification and enrollment process.
5. The Statewide ELA is not the sole determiner of promotion. Additional evaluations, portfolio reviews, and assessments are available to the child to assist parents and schools in identifying the reading level of the student. A parent of a student in grade 3 who is identified anytime during the year as being at risk of retention may request that the school begin collecting evidence for a portfolio.

Revised 4/9/19
Revised 6/25/19
Revised 12/14/21
Revised 11/14/23
Revised 3/12/24
Revised 10/15/24
Revised 4/22/25