eLaws of Florida

  SECTION 1006.40. Use of instructional materials allocation; instructional materials, library books, and reference books; repair of books.  


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  • 1(1) 2On or before July 1 each year, the commissioner shall certify to each district school superintendent the estimated allocation of state funds for instructional materials, computed pursuant to the provisions of s. 341011.67 35for the ensuing fiscal year.
    40(2) 41Each district school board must purchase current instructional materials to provide each student in kindergarten through grade 12 with a major tool of instruction in core courses of the subject areas of mathematics, language arts, science, social studies, reading, and literature. Such purchase must be made within the first 3 years after the effective date of the adoption cycle unless a district school board or a consortium of school districts has implemented an instructional materials program pursuant to s. 1201006.283121.
    122(3)(a) 123Except for a school district or a consortium of school districts that implements an instructional materials program pursuant to s. 1431006.283, 144each district school board shall use the annual allocation only for the purchase of instructional materials that align with state standards and are included on the state-adopted list, except as otherwise authorized in paragraphs (b) and (c).
    181(b) 182Up to 50 percent of the annual allocation may be used for:
    1941. 195The purchase of library and reference books and nonprint materials.
    2052. 206The purchase of other materials having intellectual content which assist in the instruction of a subject or course. These materials may be available in bound, unbound, kit, or package form and may consist of hardbacked or softbacked textbooks, novels, electronic content, consumables, learning laboratories, manipulatives, electronic media, computer courseware or software, and other commonly accepted instructional tools as prescribed by district school board rule.
    2703. 271The repair and renovation of textbooks and library books and replacements for items which were part of previously purchased instructional materials.
    292(c) 293District school boards may use 100 percent of that portion of the annual allocation designated for the purchase of instructional materials for kindergarten, and 75 percent of that portion of the annual allocation designated for the purchase of instructional materials for first grade, to purchase materials not on the state-adopted list.
    344(d) 345Any materials purchased pursuant to this section must be:
    3541. 355Free of pornography and material prohibited under s. 363847.012364.
    3652. 366Suited to student needs and their ability to comprehend the material presented.
    3783. 379Appropriate for the grade level and age group for which the materials are used or made available.
    396(4) 397Each district school board is responsible for the content of all materials used in a classroom or otherwise made available to students. Each district school board shall adopt rules, and each district school superintendent shall implement procedures, that:
    435(a) 436Maximize student use of the district-approved instructional materials.
    444(b) 445Provide a process for public review of, public comment on, and the adoption of instructional materials that satisfies the requirements of s. 4671006.283(2)(b)8468., 9., and 11.
    472(5) 473District school boards may issue purchase orders subsequent to February 1 in an aggregate amount which does not exceed 20 percent of the current year’s allocation, and subsequent to April 1 in an aggregate amount which does not exceed 90 percent of the current year’s allocation, for the purpose of expediting the delivery of instructional materials which are to be paid for from the ensuing year’s allocation. This subsection does not apply to a district school board or a consortium of school districts that implements an instructional materials program pursuant to s. 5651006.283566.
    567(6) 568In any year in which the total instructional materials allocation for a school district has not been expended or obligated prior to June 30, the district school board shall carry forward the unobligated amount and shall add it to the next year’s allocation.
    611(7) 612A district school board or a consortium of school districts that implements an instructional materials program pursuant to s. 6311006.283 632may use the annual allocation to purchase instructional materials not on the state-adopted list. However, instructional materials purchased pursuant to this section which are not included on the state-adopted list must meet the criteria of s. 6681006.31(2), 669align with state standards adopted by the State Board of Education pursuant to s. 6831003.41, 684and be consistent with course expectations based on the district’s comprehensive plan for student progression and course descriptions adopted in state board rule.
History.-s. 315, ch. 2002-387; s. 10, ch. 2009-3; s. 19, ch. 2009-59; s. 21, ch. 2010-154; s. 31, ch. 2011-55; s. 14, ch. 2012-133; s. 6, ch. 2013-237; s. 5, ch. 2014-15; s. 63, ch. 2014-39; s. 62, ch. 2017-116; s. 5, ch. 2017-177.

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Cited by Court Cases:

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