2522 - CHALLENGES TO ADOPTION OR USE OF INSTRUCTIONAL, LIBRARY, OR READING LIST MATERIALS

The following individuals may contest the adoption of a specific instructional material, or object to the use of specific material used in a classroom, made available in a school or classroom library, or included on a reading list:

1. parent of a student in the district; or
2. resident of the county.

For purposes of this policy, "parent" means a parent of a student enrolled in the District's schools. "Resident" means a person residing in the county who has maintained their residence in Florida for the preceding year, has purchased a home that is occupied by them as their residence, or has established a domicile in Florida pursuant to F.S. 222.17.

Contest of Board's Adoption

Filing a Petition

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 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

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

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

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.

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 the instructional material does not meet the criteria required under F.S. 1006.28, or contains prohibited material under that statute, the material shall be removed in accordance with Florida law. The Board's decision is final and not subject to further petition or review.

Hearings under this policy are not subject to the provisions of F.S. Chapter 120. 

Objections to Material Used in Classrooms, Made Available in a School or Classroom Library, or Included On a Reading List 

Parents or residents of the county may object to the use of a specific instructional material in the classroom, made available in a school or classroom library, or included on a reading list, based on the criteria set forth in F.S. 1006.28(2)(a)2. or F.S. 1014.05(1)(c).    

A resident of the county who is not the parent or guardian of a student with access to School District materials may not object to more than one (1) material per month in accordance with State Board rules.

Parents or residents of the county may object to the use of a specific instructional material in the classroom, made available in a school or classroom library, or included on a reading list, based on the criteria set forth in F.S. 1006.28(2)(a)2. or F.S. 1014.05(1)(c). A resident of the county who is not the parent or guardian of a student with access to School District materials may not object to more than one(1) material per month in accordance with State Board rules. 

The District's process and objection form, which are easy to read and understand, are accessible on the homepage of the District's website.

1. 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 2520 F2) 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 the school year and modified following a change in school 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.
2. 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.
3. 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
4. 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.
5. 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.  
6. The Board’s decision is final for five (5) years.
7. 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 after the objection and remain unavailable to students of that school until the objection is resolved.
8. 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 in the District.
9. No challenged material may be removed from the curriculum or from a collection of resource materials except by action of the Board or as otherwise required in this policy and Florida law, and no challenged material may be removed solely because it presents ideas that may be unpopular or offensive to some. Any Board action to remove material will be accompanied by the Board's statement of its reasons for the removal.
10. 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.
11. 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.
12. 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.
13. 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.

Annual Report to the Florida Department of Education

Annually, beginning June 30, 2023, the Board shall submit to the Commissioner of Education a report that identifies the following:

1. Each material for which the District received an objection, including the grade level and course the material was used in, for the school year and the specific objections thereto;
2. Each material that was removed or discontinued; and,
3. Each material that was not removed or discontinued and the rationale for not removing or discontinuing the material.

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