Board Policy & Procedural Guidelines
Any parent of a public-school student in the District or resident of Miami-Dade County may contest the Board’s adoption of a specific instructional material. For purposes of this policy, “resident” means a resident of the county who has maintained his/her residence in Florida for the preceding year, has purchased a home that is occupied by him/her as his/her residence, or has established a domicile in Florida pursuant to F.S. 222.17.
Pursuant to F.S. 1006.28(2)(a)3. the following is the process by which the parent of a public-school student in the District or a resident of Miami-Dade County may contest the Board’s adoption of a specific instructional material:
- A parent of a public-school student in the District or a resident of Miami-Dade County may file a petition with the Board Clerk within thirty (30) calendar days after the Board’s adoption of specific instructional materials on a form provided by the Board. An individual petitioner may submit only one (1) petition directly to the Board Clerk that contains all of the petitioner’s objections to the specific adopted instructional materials.
- The petition must be signed and attested by the parent or resident, include the required contact information, and state the objection to the instructional material based on the criteria set forth in F.S. 1006.31(2) or 1006.40(3)(d) and Sections I and V of Board Policy 2510. The petitioner must cite to the specific sections and pages of the text that are objectionable. Petitions that do not contain the requisite information may not be considered by the hearing officer.
- Within thirty (30) days after the thirty (30) day period has expired, an unbiased and qualified hearing officer shall conduct an open public hearing on all petitions timely received. The hearing officer shall be appointed by the Superintendent and shall be neither an employee nor an agent of the Board.
- The hearing before the hearing officer is not subject to the provisions of F.S. Chapter 120 but the hearing officer shall provide sufficient procedural protections to allow each petitioner an adequate and fair opportunity to be heard and present evidence to the hearing officer.
- Petitioners will have an adequate and fair opportunity to be heard and present evidence (including documents and testimony) to the hearing officer that is related to the criteria for adopted instructional materials.
- Additional procedures for the review of petitions may be established by the hearing officer.
- Within fourteen (14) days of the conclusion of the hearing, the hearing officer will present his/her findings and recommendation in writing to the Board.
- Within thirty (30) days after the Board receives the hearing officer’s findings and recommendation, the Board, at a public meeting, will consider the petition, the hearing officer’s findings and recommendation, and any evidence presented to the hearing officer, and make a final decision on the petition.
- If a parent disagrees with the decision made by the Board on the objection to the use of a specific material, a parent may request the Commissioner of Education to appoint a special magistrate who is a member of the Florida Bar in good standing and who has at least five (5) years’ experience in administrative law. The special magistrate shall determine facts relating to the School District’s determination, consider information provided by the parent and the School District, and render a recommended decision for resolution to the State Board of Education within thirty (30) days after receipt of the request by the parent. The State Board of Education must approve or reject the recommended decision at its next regularly scheduled meeting that is more than seven (7) calendar days and no more than thirty (30) days after the date the recommended decision is transmitted. The costs of the special magistrate shall be borne by the School District.
- Any committee meetings convened for the purpose of resolving an objection by a parent or resident to specific materials must be noticed and open to the public in accordance with F.S. 286.011. Any committees convened for such purposes must include parents of students who will have access to such materials.
Begin a Petition to Object
1. As provided in section 1006.28(2a)2, Florida Statutes, and School Board Policy 2510, for this petition to be considered, you must be:
- a parent of a public-school student in the District; or
- a resident of Miami-Dade County.
2. Petitioners must complete all sections of this form legibly and in full (specifically, the form must include all required information, including petitioner contact information and signature.
3. No petition will be accepted or considered after the deadline. As stated in section 1006.28, Florida Statutes, the petition must be filed within thirty (30) calendar days after the meeting in which the Board adopts instructional materials. Hardcopy, original petitions must be physically received at the address shown below. No reproductions, copies, faxed copies, or emailed copies will be accepted.
Office of the School Board Clerk
1450 N.E. Second Avenue, Room 311
Miami, FL 33132
Phone: 305 995-1440
4. Using the link below, petitioners can generate FM-7581 | Petition to Object to Instructional Materials Selected for Adoption. Upon completing the form, the petitioner will be prompted with the ability to download a copy of their completed petition which must be hand-delivered or mailed (postmarked prior to the petition deadline) to the Office of the School Board Clerk.