FLORIDA DEPARTMENT OF EDUCATION
     
    S
      
    TATE BOARD OF EDUCATION
     
    T. WILLARD FAIR,
    Chairman
    Members
    PETER BOULWARE
    AKSHAY DESAI
    ROBERTO MARTÍNEZ
    JOHN R. PADGET
    KATHLEEN SHANAHAN
    LINDA K. TAYLOR
     
    Dr. Eric J. Smith
    Commissioner of Education
      
     
      
     
      
     
     
     
    Contact Information:
    Todd Clark
    (850) 245-0423
    todd.clark@fldoe.org
    DPS: 2009-114
     
     
     
     
    MEMORANDUM
     
    TO:
    District Superintendents
     
    FROM:
    Dr. Frances Haithcock
     
    DATE:
    June 26, 2009
     
    SUBJECT: CHANGES AND REQUIREMENTS REGARDING ADOPTED
    INSTRUCTIONAL MATERIALS
     
    Legislation passed and signed by Governor Crist resulted in significant changes to required
    instructional materials purchases. These changes, passed as part of Senate Bill 1676, include the
    following:
     
    1. Redefines “adequate instructional materials” as: “a sufficient number of textbooks or sets
    of materials that are available in bound, unbound, kit, or package form and may consist of
    hard backed or soft-backed textbooks, consumables, learning laboratories, manipulatives,
    electronic media, and computer courseware or software that serve as the basis for
    instruction for each student in the core courses of mathematics, language arts, social
    studies, science, reading, and literature.” Per Florida Statute, school districts are required to
    provide sufficient materials in all core courses; this new definition provides for a broader
    definition for what these materials might include.
     
    2. Waives the requirement for purchases related to the 2008-2009 instructional materials
    adoption cycle, “for schools within the district which are identified in the top four
    categories of schools pursuant to s. 1008.33, as amended by CS/CS/HB 991, Engrossed 1.
    The Commissioner of Education may provide a waiver of this requirement for the adoption
    cycle occurring in the 2008-2009 academic year if the district demonstrates that it has
     
    DR. FRANCES HAITHCOCK
    CHANCELLOR OF PUBLIC SCHOOLS
     
    325 W. GAINES STREET • SUITE 514 • TALLAHASSEE, FL 32399-0400 • (850) 245-0509 • www.fldoe.org
     

     
    District School Superintendents
    June 26, 2009
    Page Two
     
     
     
    intervention and support strategies to address the particular needs of schools in the lowest
    two categories.” The 2008-2009 adoption included instructional materials for literature,
    language arts, ESOL and music. Therefore, except for 2009-2010 Correct II and Intervene
    schools, districts are not required to purchase these instructional materials. The format to
    submit waivers for Correct II and Intervene schools will be forthcoming after the schools’
    2009-2010 Differentiated Accountability (DA) status has been determined. Districts will
    have to provide evidence of meeting DA instructional materials requirements for each
    school and in each of the adoption content areas for which a waiver is being requested.
    Differentiated Accountability regional offices will be reviewing waiver requests.
     
    3. If a district school board finds and declares in a resolution adopted at a regular meeting of
    the school board that the funds received for any of the following categorical appropriations
    are urgently needed to maintain school board-specified academic classroom instruction, the
    school board may consider and approve an amendment to the school district operating
    budget transferring the identified amount of the categorical funds to the appropriate
    account for expenditure:
     
    1. Funds for student transportation.
    2. Funds for safe schools.
    3. Funds for supplemental academic instruction.
    4. Funds for research-based reading instruction.
    5. Funds for instructional materials if all instructional material purchases have been
    completed for that fiscal year, but no sooner than March 1, 2010.
     
    An additional change passed as part of Senate Bill 1248 includes:
     
    “Money collected for lost or damaged books; enforcement.
    —The school principal shall collect
    from each student or the student’s parent the purchase price of any instructional material the
    student has lost, destroyed, or unnecessarily damaged and to report and transmit the money
    collected to the district school superintendent. If instructional materials lost, destroyed, or
    damaged have been in school use for more than 1 year, a sum ranging between 50 and 75 percent
    of the purchase price of the book shall be collected, determined by the physical condition of the
    book. ” This change allows principals to collect the entire purchase price of the instructional
    materials.
     
    A continued requirement is the district certification regarding professional development; Section
    1011.67(2), Florida Statutes,
    Funds for Instructional Materials
    states, “Annually by July 1 and
    prior to the release of instructional materials funds, each district school superintendent shall
    certify to the Commissioner of Education that the district school board has approved a
    comprehensive staff development plan that supports fidelity of implementation of instructional
    materials programs. The report shall include verification that training was provided and that the
    materials are being implemented as designed.”
     

     
     
    District School Superintendents
    June 26, 2009
    Page Three
     
     
    Attached please find this year’s Certification of Fidelity of Implementation of Instructional
    Materials Form which should be signed and returned by June 30, 2009, to the Office of
    Instructional Materials, Room 424, Turlington Building, 325 West Gaines Street, Tallahassee,
    Florida 32399-0400. If you prefer, you may send a facsimile of the form to (850) 245-0826.
     
    If you have questions or need additional information, please contact the Instructional Materials
    office at (850) 245-0425.
     
    FH/mjt
     

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