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Parental Rights in Education bill
Book Bans
The new law also sanctions and expedites book banning by expanding on existing law '''allowing for
any parent or resident to object to any instructional material, books or other materials used in the schools whether in classrooms or school libraries.''' School districts must adopt policies allowing for such objections that include:
• “[E]asy to read and understand” objection forms that are “easily accessible on the homepage of the school district’s website.” Fla Stat. § 1006.28(2)(a)(2).
• Parents and residents may object to “pornographic” materials, materials that “[d]epict[] or describe[] sexual conduct,” materials that are “not suited to student needs and their ability to comprehend the material presented,” or materials that are “inappropriate for the 4 grade level and age group for which the material is used.” Fla Stat. § 1006.28(2)(a)(2)(b).
• School districts must remove materials objected to as pornographic or detailing sexual conduct unless for a required health course “within 5 days of receipt of the objection” until “the objection is resolved.” Fla Stat. § 1006.28(2)(a)(2)(b).
•''' “Parents shall have the right to read passages from any material that is subject to an objection. If
the school board denies a parent the right to read passages” on the ground the content is pornographic, “the school district shall discontinue the use of the material.” Fla Stat. § 1006.28(2)(a)(2)(b).'''
• Meetings “for the purpose of resolving an objection . . . to specific materials must be noticed and open to the public.” Fla Stat. § 1006.28(2)(a)(5).
• If a parent disagrees with the determination of the school district on the objection, the parent may
request the Commissioner of Education appoint a special magistrate to determine the facts and render a recommended decision by the State Board of Education. Fla Stat. § 1006.28(2)(a)(6). The State Board, in turn, must approve or reject the recommended decision within 30 days’ time. Id. The school district must cover the costs of the special magistrate.
• School boards must publish on their websites “the process for a parent to limit his or her student’s access to materials in the school or classroom library.” Fla Stat. § 1006.28(2)(d)(4).
• Each school board must submit an annual report documenting all objections and identifying which
materials were removed and were not removed as well as the rationale for the decision. Fla Stat. § 1006.28(2)
(e)(3).
Enforcement
Beyond the specific enforcement provisions noted above, the provisions of the new law, like those of the 2022 Don’t Say Gay Law, may be enforced by school districts through individual disciplinary actions and/ or by non-renewing teachers and other educators at the end of a school year. Since the Florida legislature eliminated Professional Service Contracts for educators hired after 2011, a teacher can be dismissed at the end of their annual contracts without cause. Fla. Stat. § 1012.335. While tenure protections are available for those hired before 2011, schools may still attempt to
portray violations of the law as “gross insubordination” or “misconduct in office” that could potentially be used as grounds for discipline or dismissal. Id. §§ 1012.33,
1012.335; Fla. Admin. Code R. 6A-5.056. Education support professionals could be subject to similar
disciplinary sanctions for violating HB 1557 (2022) and HB 1069 (2023), but unlike teachers hired after 2011, they enjoy continuing employment status once they have completed their probation. Fla. Stat. § 1012.40(2)(b).