Michelle C. Jarrett

ALT Common Selection Criteria for Instructional Materials, Library Materials and Reading Lists Factors to consider for any material include: • Avoiding unsolicited theories that may lead to student indoctrination. • Meetings for the purpose of selecting instructional materials must be open to the public, including parents (s. 1006.28(2)(a)4, F.S.) Consultation with school community stakeholders, including parents is required in the purchasing of new library media materials (s. 1006.28(2)(d), F.S.) Age of the students who normally could be expected to have access to the material • Educational purpose to be served by the material • The degree to which the material will be supplemented and explained by classroom instruction • The broad racial, ethnic, socioeconomic and cultural diversity of the students of this state • Materials must be free of pornography and prohibited by s. 847.012

ALT Slide from the Library Media Training that includes the rubric for instructional material reviewers. On it, you see that materials should be free from Critical Race Theory, Culturally Responsive Teaching, Social Justice, Social Emotional Learning and follow the Principles of Individual Freedom (Stop W.O.K.E/ HB7). Finally, it has “student welfare” listed asking if the materials exclude any instruction regarding sexual orientation or gender identity for grades K-3.

ALT As noted, the Lake County School has never wanted to do anything other than comply with the law - no more and no less. Based on the penalties for educators for violating 2022 House Bill 1557 and the State Board of Education guidance to media center specialists to err on the side of caution when evaluating age-appropriate materials, the Lake County School District age restricted materials in line with the legislative determination that such materials were not age appropriate. Obviously, if the State Board of Education takes the position in our federal court that the 2022 House Bill 1557 age restriction on sexual orientation and gender identity "does not even arguably restrict library books," then educators cannot be violating the statute by not age restricting library books because of the statutory regulation as to sexual orientation and gender identity.

ALT Letter from Lake County attorneys to FL DOE legal in response to the memorandum sent by FLDOE to explain that HB 1557 does not apply to library books. As we discussed on our call yesterday, I and my law firm represent the Lake County School District, and are aware of the litigation that has been filed in the US District Court for the Middle District of FL against the School District and the State BOE. I greatly appreciate your insight into the multiple other cases that have been filed regarding various school districts efforts to comply with 2022 HB 1557, codified at Florida Statutes Section 1001.42. Most notable for my client was our discussion regarding the suit currently pending in the US District Court for the Middle District of Florida, 6:22-cv-01312-WWB-LHP, in which Jennifer Cousins and others sued the School Board of Orange County, Florida; the School Board of Indian River County, Florida; the School Board of Duval County, Florida; and the School Board of Palm Beach County.

ALT Age appropriateness is based on the development of cognitive, emotional, physical, and behavioral capacity that is typical for an age or age group." By declaring that classroom instruction for certain ages was expressly prohibited, 2022 House Bill 1557 essentially deemed sexual orientation and gender identity as not age-appropriate material for students aged kindergarten through grade 3. Given the penalties for violating 2022 House Bill 1557, a statement from the Florida Department of Education to err on the side of caution was not ignored. The Lake County School District has always maintained, and continues to maintain, that the Lake County School District's age restriction of certain books that mention or contain a reference to sexual orientation or gender identity was done in compliance with Florida state law, specifically 2022 House Bill 1557. The Lake County School District's age restriction explicitly stated it was done in compliance with HB 1557.