(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.

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    (2) Definitions. In this rule, the following definitions apply:
    (a) “”Instructional materials”” means the definition of instructional materials set forth in Florida Statutes § 1006.29(2)
    (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 Florida Statutes § 1006.29(2), 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 Florida Statutes § 1006.283
    (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 Florida Statutes § 1006.283, 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-16015), effective November 2023, 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 Fl. Admin. Code R. 6A-1.09441, 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 Florida Statutes § 847.012;
    3. Depicts or describes sexual conduct as defined in Florida Statutes § 847.001(19), 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 Florida Statutes § 1006.31(2), 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. History—New 6-27-23, Amended 11-21-23.