Section 1006.40 - Purchase of instructional materials(1) On or before July 1 each year, each district school superintendent shall certify to the Commissioner of Education the estimated allocation of state funds for instructional materials for the ensuing fiscal year.(2) Each 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. 1006.283.(3)(a) Except for a school district or a consortium of school districts that implements an instructional materials program pursuant to s. 1006.283, each district school board shall purchase instructional materials that align with state standards and are included on the state-adopted list.(b) Up to 50 percent of the amount the school district has budgeted for instructional materials may be used for: 1. The purchase of library and reference books and nonprint materials.2. The 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.3. The repair and renovation of textbooks and library books and replacements for items which were part of previously purchased instructional materials.(c) Any materials purchased pursuant to this section must be:1. Free of pornography and material prohibited under s. 847.012.2. Suited to student needs and their ability to comprehend the material presented.3. Appropriate for the grade level and age group for which the materials are used or made available.(4) Each 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: (a) Maximize student use of the district-approved instructional materials.(b) Provide a process for public review of, public comment on, and the adoption of materials, including those used to provide instruction required by s. 1003.42, which satisfies the requirements of s. 1006.283(2)(b)8., 9., and 11.(5) A district school board or a consortium of school districts that implements an instructional materials program pursuant to s. 1006.283 may 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. 1006.31(2), align with state standards adopted by the State Board of Education pursuant to s. 1003.41, and be consistent with course expectations based on the district's comprehensive plan for student progression and course descriptions adopted in state board rule.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; s.3, ch. 2021-69; s.4, ch. 2022-21; s.7, ch. 2022-72; s.32, ch. 2023-245.Amended by 2023 Fla. Laws, ch. 245,s 32, eff. 7/1/2023.Amended by 2022 Fla. Laws, ch. 72, s 7, eff. 7/1/2022.Amended by 2022 Fla. Laws, ch. 21, s 4, eff. 7/1/2022.Amended by 2021 Fla. Laws, ch. 69, s 3, eff. 7/1/2021.Amended by 2017 Fla. Laws, ch. 177, s 5, eff. 7/1/2017.Amended by 2017 Fla. Laws, ch. 116, s 62, eff. 7/1/2017.Amended by 2014 Fla. Laws, ch. 15, s 5, eff. 7/1/2014.Amended by 2014 Fla. Laws, ch. 39, s 63, eff. 5/12/2014.Amended by 2013 Fla. Laws, ch. 237, s 6, eff. 7/1/2013.