Complaint

Filing # 57073425 E-Filed 05/31/2017 08:08:51 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLL...

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Filing # 57073425 E-Filed 05/31/2017 08:08:51 AM

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION FLORIDA CITIZENS ALLIANCE, INC., a Florida not for profit corporation, DOUGLAS LEWIS, BRANTLEY OAKEY, and ERIC KONUK Plaintiffs,

Case No. 17-CA-____________

-vsTHE SCHOOL COUNTY,

BOARD

OF

COLLIER

Defendant. -----------------------------------------------------------

COMPLAINT Plaintiff, FLORIDA CITIZENS’ ALLIANCE, INC., a Florida not-for-profit corporation (“Citizens’ Alliance”), DOUGLAS LEWIS (“Lewis”), BRANTLEY OAKEY (“Oakey”), and ERIK KONUK (“Konuk;” and together with Lewis and Oakey the “Parent Plaintiffs”), sue the SCHOOL BOARD OF COLLIER COUNTY ("School Board"), and in support states:

JURISDICTION AND VENUE 1.

This is an action for declaratory judgment and injunctive relief under Fla. Stat. §§

86.011 and 26.012. This includes a request for temporary injunctive relief. All constitutional and statutory references herein are to those effective in 2016. 2.

Venue is proper because the Defendant resides in Collier County, and because the

actions which gave rise to this Complaint occurred in Collier County.

PARTIES 3.

Plaintiff, CITIZENS’ ALLIANCE, is a non-profit corporation that represents a

coalition of citizens and grassroots groups throughout Florida to advance, among other things, the causes of liberty; excellent education for all; and sound, transparent government. CITIZENS’ ALLIANCE is based in Collier County, Florida. 4.

Plaintiff LEWIS is a parent of one or more children in the Collier County School

District, and a resident of Collier County, Florida. 5.

Plaintiff OAKEY is a parent of one or more children in the Collier County School

District, and a resident of Collier County, Florida. 6.

Plaintiff KONUK is a parent of one or more children in the Collier County School

District, and a resident of Collier County, Florida. The foregoing plaintiffs are collectively referred to herein as the “Plaintiffs”). 7.

Defendant, SCHOOL BOARD OF COLLIER COUNTY, is the governing body of

the Collier County School District and is constituted as a body corporate, pursuant to Fla. Stat. § 1001.40. Whenever an act is alleged to have been performed by the School Board of Collier County, or its Staff (including the Superintendent), acting on the School Board’s behalf, and within the scope of services for those individual, Plaintiff intends to reference such actions as attributable to the School Board of Collier County. BACKGROUND AND GENERAL ALLEGATIONS 8.

The Plaintiffs seek relief because the School Board is undertaking official acts with

respect to the selection of new student textbook instructional materials by delegation of a substantial portion of the textbook ranking and elimination process to “Instructional Review Committees” that are operating behind closed doors to the exclusion of the public, without public

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notice, thus denying the rights of parents and other concerned citizens such as the Plaintiffs from observing first-hand the way in which the School District’s textbooks are reviewed, recommended and selected, and which directly impact the students of Collier County’s public schools. 1 9.

The Parent Plaintiffs further seek relief because the School Board has informed

them that they will each receive only ten (10) minutes to present their objections to textbooks pursuant to Fla. Stat. § 1006.28(1)(a)(3), and School Board Policy 2520 (“Policy 2520”), notwithstanding that the textbook that each Parent Plaintiff contests is hundreds of pages in length, with many specific examples of how the textbooks are deficient based upon standards enumerated in Fla. Stat. § 1003.42(2), and Policy 2520. 10.

The Plaintiffs also seek relief because the School Board has materially failed to

follow and enforce its own instructional review committee requirements as set forth in Policy 2520, including without limitation the requirement for there to be separate committees for each school level, and for the committees to provide a final report enumerating the basis for its disagreements, and the materials upon which the committee relied in reaching its conclusion. 11.

The Plaintiffs are therefore in doubt about their rights, and the obligations of the

School Board, as those issues are affected by the following: a.

Article I, § 24, Fla. Const., which contains the constitutional “open

government meetings” provision; b.

Fla. Stat. § 286.011, commonly known as the “Sunshine Law;”

c.

School Board Policy #2520 titled “Instructional Materials and Resources;”

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The adopted textbooks referenced throughout this Complaint are only available in electronic form via online links, pursuant to Fla. Stat. § 1006.28 3

d.

Fla. Stat. § 1001.42(9), whereby the Legislature required that the School

Board shall provide adequate instructional materials for all students in accordance with the requirements of Chapter 1006, Florida Statutes. e.

Fla. Stat. § 1006.28(1)(a)(3) requiring the School Board to hold at least one

hearing on any parent petition contesting the adoption of any instructional materials; f.

Fla. Stat. § 1003.42(2) and 1006.31(2), each containing certain enumerated

statutory requirements for instructional materials; g.

Florida Statutes Chapter 120, “The Administrative Procedures Act,”

including without limitation the § 120.52(1) defining an “agency,” § 120.569 describing administrative procedural due process for proceedings deciding the “substantial interests” of parties, and 120.57(1) describing administrative procedural due process for “matters involving disputed issues of material fact;” h.

Article IX, § 1(a), Fla. Const., providing that the Legislature shall make

“adequate provision” for a “uniform…and high quality system of free public schools” i.

Article IX, § 4(b), Fla. Const., providing that “the school board shall

operate, control and supervise all free public schools within the school district;” and j.

Any other material agreements, documents, policies, administrative

procedures, statutes, case law and common law which are relevant to the above-listed items and the claims set forth herein. 12.

The Plaintiffs allege that there is a bona fide, actual, present, and practical need for

a declaration of rights of the parties hereto. The Plaintiffs’ request for declaratory relief is not made for the purpose of obtaining legal advice, but is presently necessary to determine the parties’ rights and responsibilities with respect to the issues presented.

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13.

All parties necessary for a determination of those rights are before this Court.

14.

Insofar as any supplemental equitable relief is sought herein such as for injunction,

Plaintiffs allege that they have no adequate remedy at law and the School Board’s actions or proposed actions will result in irreparable injury to The Plaintiffs. What is at stake in this instance is a decision by the School Board to purchase textbooks that may be defective based on standards enumerated by the Florida Legislature and the School Board itself, such decision potentially costing the taxpayers of Collier County in excess of $1,000,000 upon information and belief, and with textbooks that may remain in use within the Collier County public school system for up to 5 years or more.

COUNT I – VIOLATION OF THE SUNSHINE LAW (SELECTION OF TEXTBOOKS) 15.

This is a claim for violation of the Florida Sunshine Law, Art. I., § 24, Fla. Const.,

and Fla. Stat. § 286.011, Florida Statutes, including declaratory and supplement injunctive relief (temporary and permanent) under Fla. Stat. § 86.011, and Fla. Stat. §26.012. 16.

Paragraphs 1, through 8, and 11 through 14, are included in this count by reference.

17.

During a period spanning between 2015 and 2017 and continuing through present,

the School Board created a process whereby multiple “Instructional Materials Review Committees” were established for the process of reviewing textbooks, ranking them, eliminating certain textbooks from consideration, and ultimately recommending one single textbook per class subject for final consideration and approval of the recommendation by the School Board. 18.

The aforementioned review, ranking, elimination and selection functions were

delegated to the Instructional Materials Review Committees by the School Board, which has the

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power to provide adequate instructional materials for all students pursuant to Fla. Stat. § 1001.42(9). 19.

The Instructional Materials Review Committees met in closed sessions, at meetings

not open to the public, and without public meeting notices. By this process, the Plaintiffs and the public were denied the opportunity to observe first-hand the process by which the textbooks were reviewed, ranked, eliminated, and ultimately recommended to the School Board. 20.

The process by which the Instructional Materials Review Committees operated is

described, in part, by School Board Policy #2520 which is attached hereto as Composite Exhibit A. Composite Exhibit A includes the body of Policy #2520 together with its companion form of “Application for Instructional Materials Adoption Committee,” further describing the committees’ adoption recommendation process. 21.

The process by which the Instructional Materials Review Committees made their

final textbook adoption recommendation is further described, in part, by a Powerpoint titled “Instructional Material Voting Procedures on Adoption,” attached as Exhibit B, including the following: •

“The Instructional Materials Manager will distribute one ballot per eligible voter for each textbook being reviewed.”

* * * •

“Each ballot will be tabulated by totaling the points given by the committee members to each publisher. The publisher with the highest number of points will be the committee’s recommendation for the instructional materials under review.”



“The ballots will be tabulated as a group to ensure accuracy.”

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“If there should be a tie for first place, the top two choices will be re-evaluated and voting will continue until a decisive vote occurs.”



“The selection will be submitted as a recommendation to the District School Board for consideration.

If the Board fails to ratify the Committee’s selection, the

Committee will reconvene and the instructional materials review and selection process will continue until the Board approves the selection.” 22.

Ultimately, after reviewing, scoring, ranking and eliminating certain textbooks, the

various Instructional Review Committees made one final textbook selection per course utilizing an Instructional Materials Selection Form. 23.

The final recommendations (selections) were then compiled and sent to the School

Board for approval at the April 11, 2017, school board meeting. The agenda item and posted backup compiled list of the review committees’ recommended textbook selections for the April 11 school board meeting is attached hereto as Composite Exhibit C. At the April 11 meeting, the School Board voted unanimously to adopt each of the recommended textbooks, as noted on the bottom of the Exhibit C agenda item. 24.

During the April 11 meeting, the School Board discussed the process of how the

Instructional Review Committee met to review the textbook instructional materials. However, the School Board did not discuss the substance of any of the textbooks that were recommended by the Instructional Review Committees, nor those that were previously eliminated. 25.

By this process, the Plaintiffs and the public were denied the opportunity to review

the full process by which the textbooks were reviewed, ranked, eliminated, and selected for recommendation. These actions constitute official acts of the School Board.

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26.

The School Board’s delegation of its textbook review, ranking, elimination, and

final recommendation process to the closed-session Instructional Review Committees violates the Sunshine Law. 27.

The exclusion of the Plaintiffs from these closed meetings constitutes an irreparable

harm to the Plaintiffs and the public. 28.

The School Board’s adoption and approval of the textbooks is void ab initio, as the

product of the Sunshine Law violation. 29.

The School Board contemplates approving the final purchase of the newly approved

textbooks at its June 13, 2017, board meeting. If this purchase order occurs, then the Plaintiffs and the public will be injured in multiple ways including (i) the risk of the School District wasting public education funds on the purchase of tens of thousands of textbooks for its 45,000+ students, which may ultimately be deemed illegitimate by this lawsuit; and (ii) the risk of the school district’s students being exposed to textbooks that were not properly reviewed in the Sunshine. 30.

Accordingly, emergency temporary injunctive relief is proper in this instance. It is

particularly proper since this is a matter within the public realm affecting the Plaintiffs and other parents, students and citizens of Collier County. WHEREFORE, the Plaintiffs seek a judgment by this Court declaring that: (a)

the School Board has violated Art. I., § 24, Fla. Const., and Fla. Stat. § 286.011,

the “Sunshine Law:” (b)

the School Board’s April 11, 2017, final approval of the textbooks is void ab initio;

(c)

the School Board is enjoined from purchasing any textbooks or other instructional

review materials that are the product of the Sunshine Law violation;

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(d)

the School Board is enjoined from allowing future instructional review committees

to rank, eliminate, and select textbook recommendations without requiring that those meetings are publicly noticed and open to the public, with minutes taken, as required by the Sunshine Law; (e)

in to timely enforce the foregoing and to preserve the status quo without irreparable

harm, the Court should set a hearing for emergency temporary injunctive relief, to be heard prior to the June 13, 2017, school board meeting when the textbooks may be approved for purchase by the School Board; (f)

the Plaintiff is entitled to an award of reasonable attorney's fees from the School

Board in this action under Section 286.011(4), Fla. Stat.; and (g)

the Court may grant such other relief as it deems just and proper.

COUNT II – SUNSHINE LAW VIOLATION (REVIEW OF APPLICANTS AND SELECTION OF TEXTBOOK REVIEWERS) 31.

This is a claim for violation of the Florida Sunshine Law, Art. I., § 24, Fla. Const.,

and Fla. Stat. § 286.011, Florida Statutes, including declaratory and supplement injunctive relief (temporary and permanent) under Fla. Stat. § 86.011, and Fla. Stat. §26.012. 32.

Paragraphs 1, through 8, and 11 through 14, are included in this count by

reference. 33.

Starting in 2015 and continuing into late 2016, the School Board accepted

applications from Collier County school district parents and community members to serve on various Instructional Review Committees.

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34.

The School Board, by delegation to its Staff, created various committees who

scored the applicants and made the final selection of parents and community members for the textbook committees (the “Applicant Selection Committees”). 35.

The Applicant Selection Committees met in closed sessions, at meetings not open

to the public, and without published meeting notices. By this process, the Plaintiffs and the public were denied the opportunity to observe first-hand the process by which the parent and community member applicants for the Instructional Review Committees were scored and selected. 36.

The Applicant Selection Committees thereafter reviewed, ranked, eliminated and

ultimately selected applicants for recommendation to the School Board, and thereafter the School Board adopted the recommendations. These actions all constitute officials acts of the School Board. 37.

The School Board’s process of selecting the parent and community members from

the pool of applicants for its Instructional Review Committees violates the Sunshine Law. 38.

The exclusion of the Plaintiffs and the public from the closed meetings where

applicants were selected constitutes an irreparable harm to Plaintiffs and the public. 39.

Because the Sunshine Law was violated with respect to the process by which the

textbook review applicants were selected, the product of those committees, being the final textbook recommendations that were made and presented to the School Board, and the School Board’s ultimate adoption and approval of those textbooks, is void ab initio. 40.

The School Board contemplates approving the final purchase of the newly approved

textbooks at its June 13, 2017, board meeting. If this occurs, then the public is injured in multiple ways including (i) the risk of the School District purchasing tens of thousands of textbooks for its 45,000+ students, which may ultimately be deemed illegitimate by this lawsuit; and (ii) the risk of

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the school district’s students being exposed to textbooks that were not properly reviewed in the Sunshine. 41.

Accordingly, emergency temporary injunctive relief is proper in this instance. It is

particularly proper since this is a matter within the public realm affecting the Plaintiffs and other parents, students and citizens of Collier County. WHEREFORE, the Plaintiffs seek a judgment by this Court declaring that: (a)

the School Board’s process of selecting the applicants to serve on the Instructional

Review Committees violated Art. I., § 24, Fla. Const., and Fla. Stat. § 286.011, the “Sunshine Law:” (b)

the School Board’s April 11, 2017, adoption of the textbooks is the product of that

Sunshine Law violation, and is void ab initio; (c)

the School Board is enjoined from purchasing the textbook instructional materials

or otherwise implementing the textbook instructional materials into the Collier County School District curriculum; (d)

the School Board is enjoined from allowing the Applicant Review Committees

from scoring and selecting parent and community members from the pool of applicants in the future, without requiring that those meetings are publicly noticed and open to the public, with minutes taken, as required by the Sunshine Law; (g)

in order to timely enforce the foregoing and to preserve the status quo without

irreparable harm, the Court should set a hearing for emergency temporary injunctive relief, to be heard prior to the June 13, 2017, school board meeting when the textbooks may be approved for purchase by the School Board;

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(h)

the Plaintiffs are entitled to an award of reasonable attorney's fees from the School

Board in this action under Fla. Stat. § 286.011(4); and (i)

the Court may grant such other relief as it deems just and proper.

COUNT III – DECLARATORY AND INJUNCTIVE RELIEF (DUE PROCESS FOR JUNE 1, 2017, CONTEST HEARING FOR TEXTBOOK ADOPTIONS) 42.

Paragraphs 1-7, 9, and 11-14 are incorporated herein.

43.

The Parent Plaintiffs bring this Count III seeking declaratory and injunctive relief,

including emergency injunctive relief, because they are uncertain as to their due process rights at the School Board’s Instructional Materials Contest hearing scheduled for June 1, 2017, at 4:00 p.m. 44.

Each of the Parent Plaintiffs timely submitted their contest petition to one of the

textbook instructional materials adopted by the School Board at its hearing on April 11, 2017. 45.

Pursuant to Fla. Stat. § 1006.28(1)(a)(3), the School Board is required to hold “at

least one open public hearing on all petitions timely received and provide the petitioner written notification of the date and time of the hearing at least 7 days before the hearing.” The section further provides that “[t]he school board’s decision after convening a hearing is final and not subject to further petition or review.” 46.

Policy 2520 mirrors the Legislature’s Fla. Stat. § 1006.28(1)(a)(3) nearly verbatim

with respect to the contest hearings, except that the 7 day notice has been changed to 10 days. 47.

The nature of the hearing involves a dispute as to the substantive quality of the

instructional review materials that were adopted by the School Board on April 11, 2017. By its

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adoption of the textbooks, the School Board asserts that the content of the textbooks substantively complies with, or does not contravene, Fla. Stat. § 1003.42(2) (containing 19 or more enumerated criteria), Fla. Stat. § 1006.31(2) (containing at least 4 enumerated criteria), and Policy 2520 (containing 4 enumerated criteria). 48.

By their contest of the adopted textbooks, the Parent Plaintiffs dispute the School

Board’s findings. 49.

The School Board will make the ultimate decision on this fact issue at the hearing

June 1, 2017, sitting in a quasi-judicial capacity. 50.

On May 16, 2017, the School Board informed the Parent Plaintiffs by e-mail that

“[t]he Special Board Meeting on Instructional Materials to hear parental objections submitted will be held on Thursday, June 1, 2017 at 4:00 p.m. at the Dr. Martin Luther King, Jr. Administrative Center. Additional information will be forthcoming.” The form of notice was in substantially the same form as Exhibit D. 51.

On May 18, 2017, the School Board informed the Parent Plaintiffs by e-mail that

“[f]ollowing general public comments, only those parents who submitted such objections shall have up to ten (10) minutes each to address their respective submissions to the Board. Items to be displayed or referenced must be submitted to [email protected] no later than noon on May 30, 2017, to ensure that the materials requested will work properly.” The form of notice was in substantially the same form as Exhibit E. 52.

On or about May 21, 2017, the School Board posted the agenda for the June 1,

2017, textbook adoption contest hearing. No procedural processes were included on the agenda with respect to the Parent Plaintiffs, other than informing the general public that they will each be

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allowed three (3) minutes to speak publicly on the contests. A composite copy is the agenda is attached hereto as Exhibit F. 53.

The May 16 and 17 e-mails, and the agenda, constitute the sum total of the

procedural hearing instructions that the School Board has provided to the Parent Plaintiffs. 54.

Since the date when the School Board began announcing its procedure for the June

1 contest hearing, several objecting parents expressed concern to the School Board in writing, asserting that 10 minutes was not sufficient time to properly present their objections to textbooks that were each several hundred pages in length. Included in these e-mails were assertions as to the amount of time that certain objectors anticipated needing. A copy of Parent Plaintiff Douglas Lewis’ due process objection is attached hereto as Exhibit G. 55.

The School Board has refused to grant additional time to the Parent Plaintiffs.

56.

Of further concern to the Parent Plaintiffs is that each member of the general public

is allowed 3 minutes to speak on the subject matter of the contests, with no limit on the total number of public speakers who may comment on the contests. Thus, in addition to each Parent Plaintiff having to present his case-in-chief within his allotted ten minutes, he must also address all counter-arguments that may be raised by the general public, the sum total of which may well exceed the ten minutes allotted to the objectors. 57.

The Parent Plaintiffs are thus uncertain as to whether the procedural process

enumerated by the School Board affords the Parent Plaintiffs sufficient procedural due process. 58.

The Parent Plaintiffs are in doubt whether the June 1, 2017, instructional materials

contest hearing is subject to Chapter 120, the Administrative Procedures Act (the “APA”). 59.

If the APA applies, then the Parent Plaintiffs are also in doubt whether the contest

hearing decides “the substantial interests” of the Parent Plaintiffs such that the procedural

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requirements of Fla. Stat. § 120.569 applies, and whether the School Board has complied with those procedural requirements. 60.

If the APA applies, then the Parent Plaintiffs are also in doubt whether the contest

hearing involves a “material issue of disputed fact” such that the procedural requirements of Fla. Stat. § 120.57(1) applies, and whether the School Board has complied with those procedural requirements. 61.

With respect to the applicability of the APA, the Plaintiffs are in doubt as to whether

the School Board is an “agency” as defined under Fla. Stat. § 120.52(1), in this instance. “Agency” is defined to include “the following officers or governmental entities if acting pursuant to powers other than those derived from the constitution: (a) …. educational units.” 62.

Specifically, Plaintiffs are in doubt whether the June 1 contest hearing will

constitute the School Board “acting pursuant to powers other than those derived from the constitution” which includes the School Board’s power to “operate, control and supervise” the free public schools pursuant to Art. IX, Section 4(b), Fla. Const.; or rather, whether the hearing is being held by the School Board as a requirement under the constitutional power of the Legislature to provide for a “uniform… system of free public schools” under Art. IX, Section 1(a), Fla. Const. 63.

Plaintiffs are further in doubt whether the Legislature’s requirements imposed upon

the School Board for its instructional review process results in the School Board acting not under its own constitutional authority, but rather by delegation of authority from the Legislature pursuant to Fla. Stat. § 1001.42(9) (requiring the School Board to “[p]rovide adequate instructional materials for all students in accordance with the requirements of chapter 1006”); and “Part I.F” of the K-20 Education Code titled “Instructional Materials for K-12 Public Education which includes Fla. Stat. § 1006.28(1)(a)(3) providing that parents of school children may file a petition to contest

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the School Board’s adoption of textbooks, and that “the school board must conduct at least one open public hearing on all petitions timely received.” Policy 2520, adopted by the School Board, mirrors § 1006.28(1)(a)(3) nearly verbatim in describing the petition contest and hearing process. 64.

The Parent Plaintiffs are in doubt whether common law principles of procedural

due process support their concern that the ten (10) minutes allotted by the School Board is simply not sufficient time to present evidence and testimony regarding a textbook that is several hundred pages in length, and to rebut opposing evidence and testimony from the general public and School Board staff. As set forth above, there are at least 27 substantive statutory and policy based criteria that each textbook must meet, all of which must be address by the Plaintiff Parents within their allotted ten (10) minutes. 65.

The School Board’s staff, including its general counsel, have not provided any

public clarification on whether the APA applies, despite specific inquiry from the public on May 24, 2017. 66.

The Parent Plaintiffs’ request for emergency injunctive relief prior to the June 1,

2017, textbook adoption contest hearing is all the more heightened because Fla. Stat. § 1006.28(1)(a)(3) provides that “[t]he school board’s decision after convening a hearing is final and not subject to further petition or review.” WHEREFORE, the Parent Plaintiffs seek a judgment by this Court declaring that: (a)

the School Board is an “agency” under the APA for purposes of the scheduled June

1, 2017, instructional materials contest hearing, and that the procedures set forth in the APA apply to those proceedings; (b)

the contest hearings will determine the substantial interests of the parties, rendering

§ 120.569 of the APA applicable;

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(c)

the contest hearings involve one or more disputed issues of material fact, rendering

§ 120.57(1) of the APA applicable; (d)

the School Board has materially failed to follow the procedural requirements of §§

120.569 and 120.57(1) in the noticing and scheduling of the June 1, 2017, contest hearing; (d)

under the APA and common law principles of due process, allotting only ten (10)

minutes to each Parent Plaintiff to contest the textbook instructional materials, including presenting evidence, testimony, rebuttal, any cross-examination and argument, constitutes a violation of the Parent Plaintiffs’ rights to procedural due process; (e)

the Parent Plaintiffs are entitled to such reasonable unlimited time to contest the

textbook instructional materials, including without limitation presenting evidence, testimony, rebuttal, cross-examination and argument; and (f)

the Court may grant such other relief as it deems just and proper.

COUNT IV – DECLARATORY RELIEF AND INJUNCTIVE RELIEF (FAILURE TO FOLLOW SCHOOL BOARD POLICY 2520 AND FLORIDA STATUTE § 1003.42) 67.

Paragraphs 1-7, and 12-14 are incorporated herein.

68.

The School Board has adopted policies to follow in selecting instructional

materials. Chapter 2520 of the School Board’s policies deals with the “Duties and Responsibilities Pertaining to Instruction Materials. It is attached as Exhibit A. 69.

Section two titled “Instructional Materials Review Process,” paragraph B states

“There will be separate Instructional Materials Review Committees for each school level.”

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70.

The School Board failed to create separate committees for each school level for the

textbooks that were adopted on April 11, 2017. Rather, the School Board established committees based on various subjects, that made recommendations for all school levels. 71.

Section two, paragraph B states “The Instructional Materials Review Committee

selected for any given level content area shall not only prepare the minutes of each meeting held but also prepare a report of its findings and conclusions and submit it in writing and electronically to the Superintendent for transmittal to the Board.” 72.

The Instructional Materials Review Committees (IMRCs) constituted for the 2017

adoption did not prepare such a report. 73.

Section two, paragraph B states that the IMRCs “shall specifically note whether

during the course and scope of meeting discussions, and final report preparation, there were areas members of the given Materials Instruction Committee were in agreement or in disagreement and the substance of any such agreement or disagreement.” 74.

For the 2017 adoption of materials, the minutes prepared by the IMRCs did not note

whether there were areas of agreement or disagreement between the members of the IMRCs. 75.

Paragraph B further states “The final report shall include all documentation used or

relied upon by the Instructional Materials Review Committee in order to provide the Board with as complete a record as possible for its review.” 76.

For the 2017 adoption, the documentation submitted by the IMRCs did not include

nor reference any documentation on which the IMRCs relied in making their final recommendation to the School Board. 77.

The Plaintiffs are uncertain as to whether the School Board violated its policy in

each instance listed above.

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78.

The Plaintiffs are uncertain as to whether they have a right to demand and require

the School Board follow its own policies. 79.

The Plaintiffs are uncertain as to whether they have a right to demand that the

School Board take reasonable measures to implement and follow Fla. Stat. § 1003.42. 80.

The Plaintiffs are not seeking legal advice, but rather they need the Court to settle

this bona fide, justiciable controversy of what violations occurred and what rights the Plaintiffs have to enforce these Board policies. 81.

Fla. Stat. § 1003.42 provides a number of detailed requirements for education

materials used in public schools such as requiring the courses to teach “The history and content of the Declaration of Independence, including national sovereignty, natural law, self-evident truth, equality of persons, limited government, popular sovereignty…” and “The arguments in support of adopting our republican form of government, as they are embodied in the most important of the Federalist Papers.” 82.

Despite the detail these statutory requirements, their significance, and the large

volume of requirements contained in Fla. Stat. § 1003.42, the School Board did not provide any training to the IMRC on how to follow Fla. Stat. § 1003.42. Nor did the School Board require that the IMRCs review and score the textbook instructional materials based on their compliance with Fla. Stat. § 1003.42. 83.

What is at stake in this controversy and what prompts a need for the Court to render

a declaratory judgment is the potential purchase of materials for various grades costing the community hundreds of thousands or even perhaps more than a million dollars where the texts were not reviewed in accordance with School Board policy, and may be inferior and unsuitable texts for the students of Collier County.

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EXHIBIT A

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2520 - INSTRUCTIONAL MATERIALS AND RESOURCES

Page 1 of 8

The School Board of Collier County Bylaws & Policies

2520 - INSTRUCTIONAL MATERIALS AND RESOURCES Introduction: Duties and Responsibilities Pertaining To Instructional Materials A.

School Board

The Board has the constitutional duty and responsibility to select and provide adequate instructional materials for all its students to enhance student achievement and development. In conformity with prevailing law, the term "adequate instructional materials" shall be understood to mean a sufficient number of student site licenses or sets of materials that are available in bound, unbound, kit, or package form and may consist of hardbacked or softbacked textbooks, electronic content, consumables, learning laboratories, manipulatives, electronic media, and computer courseware or software that serve as the basis for instruction for each student in the core subject areas of mathematics, language arts, social studies, science, reading, and literature. The Board is also responsible for the content of all instructional materials used in District classrooms, whether adopted or purchased from the State-adopted instructional materials list, or adopted, or purchased through the District’s instructional materials program or otherwise purchased and made available for instruction in the classroom. These materials shall be provided in a variety of formats that are determined to be necessary for the attainment of educational and instructional goals and designed to present materials in an objective manner. Such formats shall also include accessible materials and computer software for special needs students as specified in a student’s IEP or Section 504 plan. Instructional materials including textbooks, educational media materials, digital content materials, films, educational television used for instructional purposes, and so on are typically used for enhancing instruction, furthering instruction, and assisting group instruction. Given the Board’s constitutional duty and responsibility, it must adopt instructional materials selected from (a) State approved materials in accordance with the State’s instructional materials adoption cycles; or (b) the Board’s instructional adoption program; or (c) a combination of both of these options. Beginning with the 2015-2016 academic year, all materials considered for adoption for students in grades kindergarten through grade 12 must be provided in electronic or digital format. Electronic format shall be understood to mean text based or image based content in a form that is produced on, published by, or readable on a computer or other digital device and is an electronic version of a printed book. Digital format shall be understood to mean such text based or image based content in a form that provides students with multiple interactive functions and activities that can be used for individualized and group learning and has the ability to be accessed at anytime and anywhere (See F.S. 1006.29

http://www.neola.com/collier-fl/search/policies/po2520.htm

5/29/2017

2520 - INSTRUCTIONAL MATERIALS AND RESOURCES

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(3) and the FDOE’s 2014 Policies and Procedures for the Florida Instructional Materials Adoption approved pursuant to F.A.C. Rule 6A-7.0710). Electronic and digital formats do not include electronic or computer hardware even if bundled with software or other electronic media, nor does it include equipment or supplies. Beginning with the 2015-2016 fiscal year, the Board shall use at least fifty percent (50%) of its annual allocation for instructional materials purchase for the purchase of digital or electronic instructional materials that align with State standards and are included on either the State’s or the District’s adoption list. Up to fifty percent (50%) of the annual allocation may also be used for the purchase of its instructional materials including library and reference books and non-print materials not included on the State-adopted list and for repair and renovation of textbooks and library books. B.

Superintendent

As part of the statutory division of responsibilities, the Superintendent has the duty to recommend plans for improving, providing, distributing, accounting, and caring for instructional materials and other instructional aids in conformity with Board rules or administrative procedures relative to the requisition, purchase, receipt, storage, distribution, use, conservation, records, and reports of, and management practices and property accountability concerning instructional materials. This shall also include providing for an evaluation of any instructional materials to be requisitioned that have not been used previously in the District’s schools, as well as the development of any rubric of criteria to evaluate instructional materials to be reviewed. C.

Principals

In addition, school principals have the duty to assure that instructional materials are appropriately used to provide instruction to students enrolled at the grade level or levels for which the materials are designed, pursuant to adopted Board rule. School principals shall communicate with parents the manner in which instructional materials are used to implement the curricular objectives of the school. School principals are also responsible for collection from each student, or the student’s parent, the purchase price of any instructional material that the student has lost, destroyed, or unnecessarily damaged and report and transmit the money collected to the Superintendent, or the Superintendent’s designee. The failure to collect any such sum, upon reasonable effort by the school principal, may result in the suspension of the student from participation in extra-curricular activities or satisfaction of the debt by the student through community service activities at the given school site as determined by the principal, pursuant to Board policy or administrative procedure. Further, upon the request of parents of District students, principals shall sell to them any instructional materials used in the given school. All such sales shall be made in accordance with policy or administrative procedure. Principals shall annually provide information to parents that they may purchase instructional materials as well as how to purchase such materials. All money collected from the sale, exchange, loss, or

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damage of instructional materials shall be transmitted to the Superintendent, or the Superintendent’s designee, to be deposited in the District’s accounts and added to the District’s line item appropriation for instructional materials. Finally, the school principal shall see that all instructional materials are fully and properly accounted for and identified and maintain a record of the same.

Evaluation and Adoption of Instructional Materials In accordance with F.S. 1006.34(2)(b), in selecting instructional material, including but not limited to textbooks, library, media, and other reading material used in District schools, priority must be given to selecting those materials that align with State standards as set forth in F.S. 1003.41. The selection of instructional material must take into account the following: (1) the age of the students who normally could be expected to have access to such material; (2) the educational purpose of the material including instructional objectives within the curriculum frameworks for career and technical education as well as adult education; (3) the degree to which the material would be supplemented as part of classroom discussion; and (4) consideration of the racial, ethnic, socio-economic and cultural diversity with the School District. In addition, in accordance with F.S. 1006.31, instructional materials reviewers, both State and District reviewers, as part of both the State and School District adoption process, must include the following as part of any recommendation for adoption of the following: A.

only instructional materials that accurately portray the ethnic, socioeconomic, cultural, religious, physical, and racial diversity of our society, including men and women in professional, career, and executive roles, and the role and contributions of the entrepreneur and labor in the total development of this state and the United States.

B.

only materials that accurately portray, whenever appropriate, humankind’s place in ecological systems, including the necessity for the protection of our environment and conservation of our natural resources and the effects on the human system of the use of tobacco, alcohol, controlled substances, and other dangerous substances.

C.

materials that encourage thrift, fire prevention, and humane treatment of people and animals.

D.

require, when appropriate to the instructional comprehension of students, that materials for social science, history, or civics classes contain the Declaration of Independence and the Constitution of the United States. A reviewer may not recommend any instructional materials that contain any matter reflecting unfairly upon persons because of their race, color, creed, national origin, ancestry, gender, religion, disability, socioeconomic status, or occupation.

These criteria do not limit or remove the District from including in its curriculum the instructional requirements set forth in F.S. 1003.42 such as the history of the United States, the history of the Holocaust, African American history, the study of Hispanic contributions to the United States, the study of women’s contributions to the United States, the nature and importance of free enterprise to the U.S. economy, patriotism, the events surrounding the terrorist attacks occurring in September 11, 2001, and the impact of those events on the nation; the elementary principles of agriculture; kindness to animals; history of the State of Florida; comprehensive health education; conservation of natural resources; and character development curricula. (See, fn. 1 to F.S. 1006.31 and 1003.42). The Board must purchase current instructional materials in order to provide each student in grades 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

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within the first three (3) years after the effective date of the adoption cycle unless the Board, or a consortium of districts to which it might belong, has implemented its own instructional materials program. In this regard, a major tool shall be understood to refer to (a) materials that provide instructional content and student learning activities for the courses noted above as well as physical education, health, world languages, visual arts and performing arts; and (b) materials for the instructional content and learning activities for the Career and Technical Education Curriculum Frameworks (See, 2014 FDOE Policies and Procedures for the Florida Instructional Materials Adoption, at p.1).

Instructional Materials Review Process A.

Review of Only State Instructional Materials Being Considered For Adoption The Board shall have the right to consider, review, and adopt State instructional materials submitted for adoption, pursuant to F.S. 1006.29. The Superintendent, at the request of the Commissioner of Education, shall nominate one (1) classroom teacher or District-level content supervisor to review two (2) or three (3) of the submissions recommended by the State instructional materials reviewers who have been appointed by the Commissioner to undertake such a review. For the purposes of State adoption, the term instructional materials shall be understood to mean those items having intellectual content that by design serve as a major tool for assisting in the instruction of a subject or course. District reviewers shall independently rate the recommended submissions on the basis of instructional usability of recommended submissions in the classroom. After careful review of State submitted instructional materials, District reviewers shall prepare a report of its findings and submit it electronically to the Department of Education. Once the District receives the State’s recommended list for adoption, such list shall be subject to review by the Instructional Materials Review Committees as more fully noted in subsection B of this section below.

B.

Review of Both State and Non-State Adopted Instruction Materials

The Board shall also have the right to consider review and adopt instructional materials that are not State adopted. Thus, even if the District adopts and purchases State-adopted instruction materials for given content areas, it remains responsible for providing any and all additional instructional materials for instructional areas it has determined have not been adequately covered or provided for by State adopted materials or allocation. To this end, the Superintendent shall establish Instructional Materials Review Committees comprised of teachers, academic coaches or qualified content area coordinators, principals and/or other administrators drawn from District elementary, middle and/or high schools. The committees shall also include parents and community members. There will be separate Instructional Materials Review Committees for each school level and, within such level, instructional and administrative personnel serving on the given committee must be certified in the appropriate content areas, and/or serve at the appropriate school level, of the instructional materials adoptions to be reviewed. With this in mind, all Instructional Materials Review Committees shall have between fifteen(15) to twenty-one (21) persons unless a lesser number is warranted given a particular content area for instructional

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materials adoption review, at the discretion of the Superintendent or the Superintendent’s designee within the Department of Curriculum & Instruction. To this end, the Instructional Materials Review Committees shall be comprised as follows: a) one-third (1/3) of any such Instructional Materials Review Committee shall include classroom teachers as nominated by their principals, with respect to teacher composition, at least one (1) teacher serving on any such committee must be nominated by the Collier County Educational Association ("CCEA") in accordance with Section 3.12 of the Collective Bargaining Agreement ("CBA"); b) one-third (1/3) of any such committee shall include administrators and or academic coaches or content area coordinators nominated by the head of the Department of Curriculum & Instruction; and c) one-third (1/3) of any such committee shall include a parent(s), community member(s), and/or any other person who has content area knowledge and expertise as nominated by Board members and the Superintendent. When necessary, the Superintendent will utilize his/her nominations to ensure parental and/or community representation on the Committee. In connection with the first two-thirds (2/3) of the committee’s composition, the pool of such candidates shall be chosen by a team drawn from the Curriculum and Instruction Department as determined by the head of such Department and the Deputy Superintendent. With respect to issue of the composition on an Instructional Materials Review Committee, expertise shall be understood to mean that a person serving on a committee has developed skill and/or knowledge in the textbook adoption subject or content area based upon education and experience that would enable such person to be able to form an opinion in the subject or content area that would assist in the committee’s review. In this connection, parent shall be understood to mean a parent, guardian, or a person exercising supervisory authority in place of a parent, of a student enrolled in a District school. Finally, community member shall be understood to mean any person who resides full-time in Collier County inclusive of any parent who may have a child who is enrolled in a private school or who is home schooled. All persons, as described above, who have interest in serving, must complete an application of interest as shall be posted online and filed with the office of the Superintendent electronically. Any person who serves on an Instructional Materials Review Committee must attend a minimum of two-thirds (2/3) of the meetings in order to be able to vote to recommend to the Superintendent any instructional material being considered for adoption. The given Instructional Materials Review Committee will review the particular instructional materials being considered for adoption based upon (a) the accuracy of the materials; (b) whether they are up-to-date and in alignment with statutory mandated State standards; (c) in conformity with the criteria noted in the Evaluation and Adoption of Instructional Materials section set forth above; and (d) an attentiveness to the quality of the particular instructional materials being reviewed where quality shall be understood to mean the character or degree of excellence of the instructional materials being reviewed especially in comparison with other substantially similar materials committee members have reviewed or have had experience. To enhance objectivity in the reviewing process, a rubric of evaluation criteria being applied, that is quantitative in nature, will be used by the given Instructional Materials Review Committee. The rubric will be

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standardized for Instructional Materials Review Committees at all levels of review. The Instructional Materials Review Committee selected for any given level content area shall not only prepare the minutes of each meeting held but also prepare a report of its findings and conclusions and submit it in writing and electronically to the Superintendent for transmittal to the Board. The minutes, as well as the final report, shall specifically note whether during the course and scope of meeting discussions, and final report preparation, there were areas members of the given Materials Instruction Committee were in agreement or in disagreement and the substance of any such agreement or disagreement. The final report shall include all documentation used or relied upon by the Instructional Materials Review Committee in order to provide the Board with as complete a record as possible for its review. The committees will insure during review and thereafter that safeguards are in place against the unauthorized use, reproduction, and distribution of materials being considered for adoption. Prior to the first meeting of any Materials Instructional Committee, an orientation session will be held to discuss and review the nature of the committee process, expectations for service on the Committee, the role individual members will play on the committee, and any other area determined to be part of the committee review and participation process. The orientation shall be conducted by a member of the Curriculum and Instruction Department as determined by the head of that department.

Parental Objections To Adopted Instructional Materials A.

Introduction

Any parent or legal guardian of a student currently enrolled in a District school may file a petition contesting either (1) specific content items within instructional materials already in use, or to be used in any of the student’s classes (see, too, Subsection B of this section); or (2) any instructional materials to be considered by the Board for adoption. In accordance with F.S. 1006.28, the parent must file a petition on a form provided by the Board and made available for the public and posted on the District’s website. In connection with any instructional materials being proposed for adoption, the contesting parent or legal guardian must file the petition form within thirty (30) calendar days after the Board’s adoption of the instructional material. The petitioner must (1) sign the form; (2) state the objection and the bases for it; and (3) provide the required contact information. After the thirty (30) day calendar period has expired, the Board shall conduct at least one (1) public hearing only on such timely received petitions and provide the petitioner(s) written notification of the date and time of the hearing at least ten (10) calendar days before the hearing. In this regard, the contested instructional materials must be posted on-line for public review at least ten (10) calendar days before the hearing date. The Board’s decision after convening and conducting the hearing shall be final and not subject to any further petition or review. B.

Specific Petition Procedures

With respect to instructional materials already adopted and in use, or proposed to be used in the classroom, any parent, legal guardian or

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person exercising supervisory authority in place of a parent, of a student currently enrolled in a District school shall file a petition for review with the office of the principal of the school where the challenged material is being used. Such material shall include not only instructional materials used in the classroom, but also books and/or other media material that will be placed in the school’s media center for use. The petitioner may object only to the instructional materials used in the class in which his/her child, or the student of which s/he is legal guardian or exercising supervisory authority, is a student. Within five (5) calendar days of receipt of the petition, the Principal and/or a designee who has knowledge of the school’s curriculum, shall meet with the parent to try to resolve the matter informally by explaining the criteria for the selection of the challenged material and the usage and application of such material in the curriculum, the individual classroom and/or the school’s media center if need be. If multiple parents have challenged the same materials, the Principal may consolidate the group and meet with them collectively. If the matter is not resolved at the informal level, the petition shall proceed to a formal review ten (10) calendar days thereafter before a School’s Materials Review Committee ("SMRC"). The SMRC shall be appointed by the Principal. It shall be comprised of the Principal and/or his designee, two (2) teachers from the subject area and grade, one (1) teacher from a different grade and subject area, a teacher chosen by the CCEA in accordance with the CBA, a media specialist, and at least one (1) parent who is a member of the school’s School Advisory Committee (SAC). The parent or parents, if a consolidated group is involved as noted above, shall present their concerns to the SMRC. The Principal shall establish the time limit for such presentations. The SMRC may then ask questions or solicit additional information from the petitioner(s) as may be necessary. The SMRC will then meet, independently of the Principal within five (5) calendar days thereafter to prepare a response setting forth its findings and conclusions and deliver it electronically to the parent(s). Such response will be sent to the parent(s) within five (5) calendar days after the meeting. If the petitioner or petitioners are not satisfied with the SMRC’s response and recommendation, such person or persons may appeal the SMRC’s findings and conclusions to the Superintendent within five (5) calendar days after receipt of the response. The Superintendent will convene a meeting of the District Materials Committee ("DMC") within ten (10) calendar days upon receipt of the appeal. The DMC shall be chaired by the Superintendent or his/her designee. The Committee shall include: the head of the Department of Curriculum and Instruction, or his/her designee from within that department; a Principal at the appropriate level; coordinator in the appropriate subject area; a teacher; a media specialist; a teacher chosen by the CCEA in accordance with Section 3.12 of the CBA; a parent representative from the SAC from the school where the petition has been filed; and a non-parent member of the community chosen from a list of interested persons. The request for such persons to participate shall be promptly posted on the District website upon approval of Policy 2520 by the Board. The DMC will meet to review the appeal and provide the Superintendent with a report and recommendation, with supporting reasons, within ten (10) calendar days after the meeting. The Superintendent will inform the petitioner(s) of the report by email and/or regular U.S. mail which shall

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include an attached copy of the report for review. If the report and recommendation is not accepted, the petitioner(s) may exercise his/her or their right to be heard by the Board at a public hearing in accordance with timetable noted in subsection A above to this Section IV pertaining to Parental Objections Section of this policy. F.S. 1006.28 – 1006.40 F.A.C. 6A-7.0710 FDOE 2014 Policies and Procedures for the Florida Instructional Materials Adoption Revised 2/17/15

© Collier 2015

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Collier County Public Schools Application for Instructional Materials Adoption Committee The Collier County Public School District will soon begin the process of reviewing instructional materials for __________________________________________ with the goal of making a recommendation for adoption during ______________________. The new instructional materials will be utilized beginning in _______________________. The Committee will consist of parent/community representatives, teachers, academic coaches, school and district administrators, Committee Membership The committee will conduct the instructional materials review process aligned to state standards using objective criteria (rubric), and will make an adoption recommendation based upon the objective evidence gathered during the process. Responsibilities of Committee Representatives: · · · ·

Attend scheduled meetings. Must attend 2/3 of meetings to vote Serve as a communication link to the community Help facilitate informational meetings for parents and community members Assist in applying reviewing instructional materials using objective criteria (rubrics)

How to Apply: It is important that the selection committee represents a wide range of skills, knowledge, experience, needs and interests. Parents on the committee should have a child currently enrolled in grades ____ in the Collier County Public School District and be objective and passionate about student learning in _____________. The time commitment will be a minimum of 8 hours of face-to-face meeting time with additional time required outside the meeting to review instructional materials (only members attending 2/3 of face-to-face meetings will be eligible to vote). We expect to hold 2-3 meetings to review and recommend the new materials. The first meeting will be held on the following dates and times ____________. Please complete the application form and submit it to Julia Lorenzo, Instructional Materials Manager at [email protected], or mail to 5775 Osceola Trail, Naples, FL 34109 Attn: Julia Lorenzo by ____________________________. Applicants selected to participate will be notified by email, if possible, or by telephone, not later than _________________. If you have questions, please contact __________________, Coordinator of _______

Collier County Public Schools Application for

Instructional Materials Adoption Committee Name:____________________________________________________________ Home Phone: _______________________Cell Phone:______________________ Email Address:______________________________________________________ Mailing Address:_____________________________________________________ Check and complete the group you will represent: _____ I am a parent. My children are in grades ______, and attend the following schools:_______________________________________________________ _____ I am a community member _____ I am a teacher at __________________ school _____ I am an academic coach at ________________ school _____ I am an administrator at ___________________ school ______________________________________________________________________ Please describe any unique perspectives or experience including educational, administrative, or instructional you could bring to the committee.

Please share any previous or current school, district, or state-level education-related activities in which you have been involved, for example: PTA/PTO, classroom volunteer, School Advisory Council (SAC).

What background or knowledge do you have of ____________ (content area) or its use in the workplace?

All applications must be received by _______________. Email, mail or fax application to: Julia Lorenzo, Instructional Materials Manager, [email protected] , or Julia Lorenzo, 5775 Osceola Trail, Naples, FL 34109, or FAX 239-377-0081.

EXHIBIT B

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Instructional Materials Voting Procedures On Adoption

Revision Date: 3/16/2016

• The Instructional Materials Manager will distribute one ballot per eligible voter for each textbook being reviewed. • An eligible voter is a member of the review committee who has attended at least 2/3 of the meetings. Revision Date: 3/16/2016

Voting Procedures • Each ballot will be tabulated by totaling the points given by the committee members to each publisher. The publisher with the highest number of points will be the committee’s recommendation for the instructional materials under review. • The ballots will be tabulated as a group to ensure accuracy. • If there should be a tie for first place, the top two choices will be re-evaluated and voting will continue until a decisive vote occurs. • The selection will be submitted as a recommendation to the District School Board for consideration. If the Board fails to ratify the Committee’s selection, the Committee will reconvene and the instructional materials review and selection process will continue until the Board approves the selection Revision Date: 3/16/2016

Collier County Public Schools | www.collierschools.com

Voting Procedures • All rubrics, ballots, sign-in sheets, minutes and other documentation will be collected at the end of each meeting by the Instructional Materials Manage and placed in a LiveBinder. • The LiveBinder can be accessed and viewed by the public at livebinders.com

Revision Date: 3/16/2016

Collier County Public Schools | www.collierschools.com

Thank you! Revision Date: 3/16/2016

Collier County Public Schools | www.collierschools.com

Instructional Materials Voting Procedures Session Feedback and Questions

Q&A Revision Date: 3/16/2016

Collier County Public Schools | www.collierschools.com

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Agenda Item Details Meeting

Apr 11, 2017 - Regular School Board Meeting

Category

New Business

Subject

B1 Instructional Materials Review Committee Recommendations Hearing

Type

Action

Preferred Date

Apr 11, 2017

Absolute Date

Apr 11, 2017

Fiscal Impact

Yes

Budgeted

Yes

Budget Source

Instructional Materials Categorical Funds

Recommended Approve Recommendations of Instructional Materials Review Committees. Action

FEDERAL STATUTE: n/a FLORIDA STATUTE: F.S.1006.28; F.S.1006.283 SCHOOL BOARD POLICY: 2520 EXECUTIVE SUMMARY: The Instructional Materials Hearing includes the following information: Instructional Materials Review Committees have met, reviewed materials, received publisher presentations and identified the instructional materials of the highest quality and best aligned with state standards. Approval of the recommendations of the Instructional Materials Review Committee is recommended. Pending approval of this item, costs for purchase of Board-approved materials will be presented as a separate Board item. LEGAL APPROVAL: n/a CONTACT: Jennifer Kincaid, Executive Director, Elementary Programs (239) 377-0107 B1_041117_20172018InstructionalMaterialsRecommendations_final.pdf (331 KB)

Motion & Voting A motion was made to approve the recommendations of the Instructional Materials Review Committees.

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Motion by Stephanie Lucarelli, second by Erick Carter. Final Resolution: Motion Carries Aye: Erick Carter, Erika Donalds, Kelly Lichter, Stephanie Lucarelli, Roy Terry

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2016-2017 Instructional Materials Committee Recommendations for District Adoption Fine Arts K-5 Elementary Art  Davis Publications – Explorations in Art, Grades K-5 Elementary Music  Quaver Music – Quaver’s General Music Florida Curriculum, Grades K-5

Social Studies K-5 Social Studies K-5  McGraw-Hill – Networks Social Studies Florida, Grades K-5

Social Studies – Middle School United State States History  McGraw-Hill – United States History: Early Years United State States History Advanced  Houghton Mifflin Harcourt – United States History: Beginnings to 1877 World History Regular and Advanced  Houghton Mifflin Harcourt – Florida World History: Ancient Civilizations Civics Regular & Advanced  McGraw-Hill – Florida Middle School Civics

Social Studies – High School United States History  McGraw-Hill – United States History & Geography: Modern Times United States History Honors  Pearson Education – Pearson Florida United States History AP United States History  Pearson Education – By the People: A History of the United States World History  McGraw-Hill – World History and Geography World History Honors  Pearson Education – Pearson Florida World History

Social Studies – High School Cont. AP World History  McGraw-Hill – Traditions & Encounters: A Global Perspective on the Past AP European History  Pearson Education – The Western Heritage Since 1300 United States Government Regular & Honors  McGraw-Hill – United States Government AP United States Government & Politics  W.W. Norton – We the People AP Comparative Government & Politics  W.W. Norton – Essentials of Comparative Politics Comprehensive Law Studies Regular & Honors  McGraw-Hill – Street Law: A Course in Practical Law Constitutional Law Honors  McGraw-Hill – Taking Sides: Clashing Views Law Studies  McGraw-Hill – Street Law: A Course in Practical Law Legal Systems & Concepts  McGraw-Hill – Street Law: A Course in Practical Law Court Procedures  McGraw-Hill – Street Law: A Course in Practical Law Economics w/Financial Literacy Regular & Honors  McGraw-Hill – Understanding Economics AP Macroeconomics & Microeconomics  Bedford, Freeman & Worth – AP Economics Psychology 1 & 2  Pearson Education – Prentice Hall Psychology AP Psychology  Pearson Education - Psychology AP Human Geography  Pearson Education – The Cultural Landscape, An Introduction to Human Geography Sociology  Houghton Mifflin Harcourt – HMH Social Studies: Sociology

HOPE & Personal Fitness HOPE CORE  Human Kinetics – Health Opportunities Through Physical Education Personal Fitness  Human Kinetics – Health Opportunities Through Physical Education

HOPE & Personal Fitness Cont. HOPE PE-V  Human Kinetics – Health Opportunities Through Physical Education

French Language French Language Level 1  EMC Publishing – T’es branche? Level 1 French Language Level 2  EMC Publishing – T’es branche? Level 2 French Language Level 3  EMC Publishing – T’es branche? Level 3 French Language Level 4  EMC Publishing – T’es branche? Level 4 French Language Level 5/AP  Vista Higher Learning – Themes

EXHIBIT D

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Steve Bracci Kincaid, Jennifer Tuesday, May 16, 2017 3:22 PM Steve Bracci Lorenzo, Julia; Fishbane, Jon (Jonathan) Special Board Meeting on Instructional Materials

From: Sent: To: Cc: Subject:

The Special Board Meeting on Instructional Materials to hear parental objections submitted will be held on Thursday, June 1, 2017 at 4:00 p.m. at the Dr. Martin Luther King, Jr. Administrative Center. Additional information will be forthcoming.

Jennifer Kincaid Executive Director, Elementary Programs Collier County Public Schools 5775 Osceola Trail | Naples, FL 34109 p: 239.377.0107 | f: 239.377.0081 Greatness is not in where we stand, but in what direction we are moving. We must sail sometimes with the wind and sometimes against it - but sail we must and not drift, nor lie at anchor. - Oliver Wendell Holmes

Pursuant to School Board policy and administrative procedures, this e-mail system is the property of the School District of Collier County and to be used for official business only. In addition, all users are cautioned that messages sent through this system are subject to the Public Records Law of the State of Florida and also to review by the school system. There should be no expectation of privacy.

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EXHIBIT E

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Steve Bracci Kincaid, Jennifer Thursday, May 18, 2017 5:40 PM Steve Bracci Special Board Meeting

From: Sent: To: Subject:

Good afternoon, Mr. Bracci, As we previously notified you on Tuesday, May 16, 2017, and as was previously posted on the District website on May 10, 2017, the Special Board Meeting to hear objections submitted by parents as to particular instructional materials adopted by the Board on April 11, 2017 is scheduled for June 1, 2017 at 4 p.m. in the Board Room of the Dr. Martin Luther King, Jr., Administrative Center. Following general public comments, only those parents who submitted such objections shall have up to ten (10) minutes each to address their respective submissions to the Board. Items to be displayed or referenced must be submitted to [email protected] no later than noon on May 30, 2017, to ensure that the materials requested will work properly. The agenda, including the meeting format and all parental submissions of objections, will be posted on the District website for public review no later than 4:00 p.m. on May 21, 2017, along with the links to those particular instructional materials which have been objected to.

Jennifer Kincaid Executive Director, Elementary Programs Collier County Public Schools 5775 Osceola Trail | Naples, FL 34109 p: 239.377.0107 | f: 239.377.0081 Greatness is not in where we stand, but in what direction we are moving. We must sail sometimes with the wind and sometimes against it - but sail we must and not drift, nor lie at anchor. - Oliver Wendell Holmes

Pursuant to School Board policy and administrative procedures, this e-mail system is the property of the School District of Collier County and to be used for official business only. In addition, all users are cautioned that messages sent through this system are subject to the Public Records Law of the State of Florida and also to review by the school system. There should be no expectation of privacy.

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EXHIBIT F

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Agenda Item Details Meeting

Jun 01, 2017 - Special School Board Meeting

Category

Parental Objections to Previously Approved Instructional Materials

Subject

Comments by Parents Who Provided Submissions Objecting to Previously Adopted Instructional Materials

Type

Action

Recommended To be determined by Board Members subsequent to deliberation. Action FEDERAL STATUTE: n/a FLORIDA STATUTE: 1006.28 SCHOOL BOARD POLICY: 2520 EXECUTIVE SUMMARY: At this Special Board Meeting, parents who submitted objections to particular instructional materials adopted by the Board will have an opportunity to address their submissions to the Board. A list of the particular instructional materials being objected to is attached hereto with a link for each such material. All parental submissions objecting to previously adopted instructional materials are available hereto in PDF format. The order of parent speakers is based on alphabetical listing by course as follows: • • • • • • •

Advanced Placement (AP) United States History - Objection - Bolduc Economics with Financial Literacy - Regular and Honors - Objection - Kelly K-5 Social Studies - Objection - Dixon Law Studies - Objection - Bracci Law Studies - Objection - Oakey United States Government - Regular and Honors - Objection - Konuk United States History - Honors - Objection - Lewis

LEGAL APPROVAL: This item was reviewed by Jon Fishbane, District General Counsel. CONTACT: Jennifer Kincaid, Executive Director, Elementary Programs (239) 377-0107

Adopted-Instructional-Materials-with-Objections.pdf (317 KB) AP-United-States-History-Objection-Bolduc.pdf (2,848 KB) Understanding-Economics-Objection-Kelly.pdf (825 KB) Networks-Social-Studies-Florida-Objection-Dixon.pdf (2,017 KB) Street-Law-A-Course-In-Practical-Law-Objection-Bracci.pdf (8,160 KB) Street-Law-A-Course-In-Practical-Law-Objection-Oakey.pdf (6,063 KB)

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United-States-Government-Our-Democracy-Objection-Konuk.pdf (8,761 KB) Florida-United-States-History-Objection-Lewis.pdf (10,070 KB)

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Agenda Item Details Meeting

Jun 01, 2017 - Special School Board Meeting

Category

Public Comments Concerning Special Board Meeting Topic

Subject

Public Comments Concerning Special Board Meeting Topic

Type

Procedural

Members of the public wishing to speak on the submitted objections to the previously adopted instructional materials must complete a Speaker Registration Card and deliver it to the Executive Director of Communications and Community Engagement who will announce the names and order of speakers. Public speakers will have up to three (3) minutes unless granted additional time by the Board Chair. All comments and questions are to be directed to the District School Board. To assist the speaker, a yellow caution light will appear on the timer when one minute remains, and a red light will appear when the time expires. The District General Counsel, as the Parliamentarian, shall work with the Board Chair to enforce the Meeting Guidelines.

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Steve Bracci From: Sent: To: Subject:

Douglas Lewis Wednesday, May 24, 2017 12:21 PM Oakey Brantley; Steve Bracci Fwd: Special Board Meeting

Sent from my iPhone Begin forwarded message: From: "Kincaid, Jennifer" Date: May 24, 2017 at 12:10:00 PM EDT To: "'[email protected]'" Cc: "Fishbane, Jon (Jonathan)" Subject: Special Board Meeting Dear Mr. Lewis, In response to your recent email, the Special Board Meeting will proceed on June 1, 2017 as scheduled. Sincerely, Jennifer Kincaid Jennifer Kincaid Executive Director, Elementary Programs Collier County Public Schools 5775 Osceola Trail | Naples, FL 34109 p: 239.377.0107 | f: 239.377.0081 Greatness is not in where we stand, but in what direction we are moving. We must sail sometimes with the wind and sometimes against it - but sail we must and not drift, nor lie at anchor. - Oliver Wendell Holmes

From: Douglas Lewis [mailto:[email protected]] Sent: Tuesday, May 23, 2017 12:41 PM To: Kincaid, Jennifer Cc: Fishbane, Jon (Jonathan) ; Lichter, Kelly ; Donalds, Erika ; Carter, Erick ; Terry, Roy ; Zinser, Leanne ; [email protected]; 'Brantley Oakey' ; 'Keith Flaugh' ; [email protected] Subject: RE: Special Board Meeting

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Jennifer, In follow-up to your May 18 e-mail, I am left to conclude that the hearing rules as stated in your May 18 e-mail were established, created and/or noticed to the parents/community on May 18. Further, neither the May 10, 2017 public notice of the June 1 meeting, nor your May 16 e-mail that you mention in your May 18 e-mail contain any of the hearing procedure rules that you first noticed or informed me of on May 18. Please let me know if disagree with any of the foregoing. In view of the harmful impacts of such rules on my procedural due process rights, kindly advise who specially made this rule and under what authority the May 18 rules were established, created and noticed. This e-mail will also confirm that I was noticed of the below rule well after I timely filed my objection and a mere 2 weeks prior to the hearing date (that you scheduled without my input or consent) on my appeal. I have carefully reviewed existing and applicable Board policy and the District’s Administrative Procedures including, without limitation, Policy 2520, and the May 18 hearing procedure rules simply do not exist in Policy or your Administrative Procedures (at the Neola.com site) as of May 23. In fact and in connection with AP 2520, I have copied AP 2520 (in full) below confirming that it contains none of the hearing procedure rules noticed on May 18. For example AP 2520 (and Policy 2520): • • • • • • •

Do not limit parent petitions (challenging textbooks per FS 1006.28 and the requirements of the APA) to 10 minutes as you state below; Do not provide that, “Items to be displayed or referenced must be submitted to [email protected] no later than noon on” x date, Do not provide that “all parental submissions of objections, will be posted on the District website for public review no later than” x date, Do not assert that the APA rules do not apply to the hearing, Do not assert that basic procedural due process will not be afforded to parents in these quasijudicial hearings, Do not limit the ability of parents to call witnesses or cross-examine, Do not limit pre-hearing discovery/motions, etc.

As you should be are aware, the reviewed textbook contains well over 500 pages of material (not including scores of links to external texts, videos and other content – none of which were provided to parents during the statutory review period), and 10 minutes flatly precludes any reasonable ability to present key information to the Board and, more importantly, evidence necessary to support my objection to the challenged instructional material. As I need at least 3 to 4 hours to properly present my evidence, involve key experts and inform the Board and public of the reasoned basis for the objections, I fully object to what is being done and respectfully request all legal authority and written policies, procedures and rules supporting your May 18 e-mail. I also remind you again of my June 1 meeting conflict. As we are only in the first year of the adoption cycle, we have time. Let’s get the process right. Let’s make the right investment in our children’s future. Let’s provide the very best instructional materials for our children. Let’s work together as a community to do what is best for our children. In this regard, let’s start by cancelling the June 1 special meeting. Doug Lewis, Parent 2

The School Board of Collier County Administrative Procedures 2520 - INSTRUCTIONAL MATERIALS Instructional Materials Review Committees A.

Creation of Committees 1. Instructional materials review committees shall be established by the Superintendent in accordance with School Board Policy 2520. 2. The application window for each instructional materials review committee will be open for a minimum of two (2) weeks and advertised via the District website. 3. All instructional materials review committees shall have between fifteen (15) to twenty-one (21) persons unless a lesser number is warranted given a particular content area for instructional materials adoption review, at the discretion of the Superintendent. 4. Committees shall be comprised of 1/3 classroom teachers, 1/3 administrators/academic coaches/content area coordinators, 1/3 parents/community members/content area experts. While a balanced committee is the goal, a certain group may be overrepresented in a specific category due to limitations in the application process. Parents/Community members/Content area experts in the latter category shall not be teachers since teachers have a distinct category within the makeup of the committee. 5. Committee members must attend 2/3 of the meetings to be able to vote on the recommendation to the Superintendent. B. Processes for Review and Report Committee members will receive an overview of instructional materials adoption procedures and review instructional materials considered for adoption based on: 1. accuracy 2. currency 3. alignment with State standards 4. conformity with criteria for evaluation and adoption of instructional materials in Board Policy 2520 5. quality of the materials 6. committee’s application of a rubric of evaluation criteria to each resource considered for adoption C. Agendas and minutes will be posted and a final report will be transmitted electronically to the Board by the Superintendent detailing information specific to Board Policy 2520. D. Committee members will conduct a balloting process under the supervision of the respective Content Area Coordinator and Instructional Materials Manager. E. A final report will be prepared for the Superintendent to submit to the Board. F. Superintendent will present the recommendation of the Committee to the Board for consideration and review specific to Board Policy 2520. If Recommendation is Contested A. A parent or legal guardian may file a petition form to object to the adoption of any instructional materials within thirty (30) calendar days after the Board’s vote to adopt the material. B. After the thirty (30) day calendar period has expired, the Board shall conduct at least one public hearing on petitions received during the objection period. C. The contested instructional materials must be posted online at least ten calendar days before the hearing. D. The Board’s decision after convening and conducting the hearing is final. Nature of Materials for Review and Public Access

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A.

Core Considerations 1. In accordance with F.S. 1006.31(2)(a), instructional materials must include those that accurately portray ethnic, socioeconomic, cultural, religious, physical and racial diversity of our society, including men and women in professional, career, and executive roles and the role and contributions of the entrepreneur and labor in the total development of Florida and the United States. 2. Recommended materials cannot contain materials that reflect unfairly on anyone because of race, color creed, national origin, ancestry, gender, religion, socioeconomic status, or occupation as noted in F.S. 1006.31(2)(d). B. District Instructional Review and Improvement System 1. District will have online elementary, middle, and high school curriculum materials proposed for adoption for review. 2. Modifications and/or changes to curriculum materials will be posted on-line once they are finalized. C. Supplemental Instructional Materials and Policy Review 1. Teachers shall provide anticipated supplemental materials to the Principal for review prior to class usage and implementation. 2. Principals will annually review with instructional staff the District’s Instructional Materials and Resources Policy 2520, Selection and Maintenance of Library Media Collection AP 2520A, along with Controversial Issues Policy 2240. D. Website Postings 1. Notification of instructional materials being recommended for adoption will be posted on the District’s website at least twenty (20) days in advance of any public hearing in accordance with F.S. 1006.283(8)(c). Notice will identify the materials being recommended. 2. Materials contested shall be placed online at least seven (7) days in advance of any hearing. 3. Hearing times for instructional materials adoptions and contested materials will be posted at least seven (7) days in advance thereof. 4. Safeguards against unauthorized use and distribution of materials shall be posted online. 5. Only student materials may be posted online. Approved 9/17/15 © Collier 2015 From: Kincaid, Jennifer [mailto:[email protected]] Sent: May 18, 2017 5:37 PM To: '[email protected]' Subject: Special Board Meeting

Good afternoon, Mr. Lewis, As we previously notified you on Tuesday, May 16, 2017, and as was previously posted on the District website on May 10, 2017, the Special Board Meeting to hear objections submitted by parents as to particular instructional materials adopted by the Board on April 11, 2017 is scheduled for June 1, 2017 at 4 p.m. in the Board Room of the Dr. Martin Luther King, Jr., Administrative Center. Following general public comments, only those parents who submitted such objections shall have up to ten (10) minutes each to address their respective submissions to the Board. Items to be displayed or referenced must be submitted to [email protected] no later than noon on May 30, 2017, to ensure that the materials requested will work properly.

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The agenda, including the meeting format and all parental submissions of objections, will be posted on the District website for public review no later than 4:00 p.m. on May 21, 2017, along with the links to those particular instructional materials which have been objected to.

Jennifer Kincaid Executive Director, Elementary Programs Collier County Public Schools 5775 Osceola Trail | Naples, FL 34109 p: 239.377.0107 | f: 239.377.0081 Greatness is not in where we stand, but in what direction we are moving. We must sail sometimes with the wind and sometimes against it - but sail we must and not drift, nor lie at anchor. - Oliver Wendell Holmes

Pursuant to School Board policy and administrative procedures, this e-mail system is the property of the School District of Collier County and to be used for official business only. In addition, all users are cautioned that messages sent through this system are subject to the Public Records Law of the State of Florida and also to review by the school system. There should be no expectation of privacy.

From: Douglas Lewis [mailto:[email protected]] Sent: May 16, 2017 5:09 PM To: 'Lorenzo, Julia' Cc: 'Kincaid, Jennifer' ; 'Lichter, Kelly' ; 'Donalds, Erika' ; 'Terry, Roy' ; 'Lucarelli, Stephanie' ; 'Patton, Kamela' ; 'Carter, Erick' Subject: RE: Objection to Instructional Material Ms. Lorenzo & Ms. Kincaid, We are now six (6) days past my May 10th appeal filing, and this e-mail will confirm that to date you have failed or refused to satisfy or provide the necessary information in response to the below items and reasonable requests. Frankly, I find this concerning. Additionally, please note that the District has failed or refused to provide parents with complete online access, during the 30 day review period, to all of the instructional materials/textbook content including active links to articles, maps, essays, books, videos and other content. All of these links were disabled or non-functioning during our review. The limited and restricted textbook access was further deficient as the online restricted viewing platform allowed for viewing 2 pages at a time and textbook pages could only be viewed in ascending or descending page order. As such, several hundreds of clicks and significant wasted time are required to move from the front pages of the textbook to the last pages of 5

the textbook. Intermittent connection breaks and timeouts resulted in the need to start clicking again from the beginning of the textbook to move to the back of the book by clicking each page again and again. This resulted in countless of hours of wasted computer time. I trust that students will be given access to fully-interactive electronic textbooks with active links in place, which interactive textbook should allow students (for example) to move from the front of the book to the end of the book, full text search, move to a new chapter, etc. with merely a SINGLE click. In view of these legal violations and problems, I respectfully request that the above access issues be corrected immediately and that parents be provided with full and proper online, interactive access to the textbooks for a new and full 30 day statutory review time-period. In follow-up to the below, I fully object to your failure to communicate and work with me to date on the below items. Additionally, I look forward to your timely response to the above items/objections. Given the serious nature of your failures in this regard, I am copying the elected members of our local school board. Best, Doug Lewis, Parent

From: Kincaid, Jennifer [mailto:[email protected]] Sent: May 16, 2017 3:23 PM To: '[email protected]' Cc: Lorenzo, Julia ; Fishbane, Jon (Jonathan) Subject: Special Board Meeting on Instructional Materials The Special Board Meeting on Instructional Materials to hear parental objections submitted will be held on Thursday, June 1, 2017 at 4:00 p.m. at the Dr. Martin Luther King, Jr. Administrative Center. Additional information will be forthcoming. Jennifer Kincaid Executive Director, Elementary Programs Collier County Public Schools 5775 Osceola Trail | Naples, FL 34109 p: 239.377.0107 | f: 239.377.0081 Greatness is not in where we stand, but in what direction we are moving. We must sail sometimes with the wind and sometimes against it - but sail we must and not drift, nor lie at anchor. - Oliver Wendell Holmes

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From: Douglas Lewis [mailto:[email protected]] Sent: May 11, 2017 4:42 PM To: 'Lorenzo, Julia' Cc: 'Kincaid, Jennifer' Subject: RE: Objection to Instructional Material Thank you for responding to my request. I have another meeting on my calendar for the that night (it is a re-occurring monthly meeting every first Thursday of the month). Also, this does not afford sufficient time on my end to prepare for the hearing. Do you have a later hearing date available for the appeal? Also and as per my original request, kindly provide the proposed appeal hearing procedure, schedule, process, rules, etc. ASAP. I find nothing specific on your website in this regard. Please advise of computer projectors, TV screens and other tools that I can use as part of my presentation. Also, kindly provide me with the list of an “experts” or other witnesses, presenters, speakers that you plan to present, if any, in opposition to the appeal. Finally, kindly provide me with copies of all documentation that you will present at the hearing in opposition to the appeal. Best, Doug Lewis, Parent From: Lorenzo, Julia [mailto:[email protected]] Sent: May 11, 2017 4:07 PM To: 'Douglas Lewis' Cc: Kincaid, Jennifer Subject: RE: Objection to Instructional Material

Dear Mr. Lewis, This is to advise you that a hearing will be held at a special board meeting on June 1, 2017 at the Dr. Martin Luther King Administration Building, located at 5775 Osceola Trail. Please note that this special board meeting date has also been placed on our District website. Kind regards, Julie

From: Douglas Lewis [mailto:[email protected]] Sent: Thursday, May 11, 2017 3:48 PM To: Lorenzo, Julia Cc: Kincaid, Jennifer Subject: RE: Objection to Instructional Material

Thank you. In regards to, “We will follow-up within a few days of the date and time of the hearing.”

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Did you mean to say that you will follow-up within a few days of May 11, 2017 with proposed dates and times, so that my appeal can be properly heard and considered by the Board? Please confirm ASAP. I trust that you are not going to arbitrarily set a date and time for the appeal (without coordinating our calendars) and then provide me with notice of the same within a few days of the appeal hearing, correct? Please provide me with a few date/time options ASAP, so I can find a time that works with my schedule and also so that I can adequately prepare for the hearing. Also, kindly provide the proposed appeal hearing procedure, schedule, process, rules, etc. ASAP. I find nothing specific on your website in this regard. Best, Doug Lewis, Parent From: Lorenzo, Julia [mailto:[email protected]] Sent: May 11, 2017 7:11 AM To: 'Douglas Lewis' Cc: Kincaid, Jennifer Subject: RE: Objection to Instructional Material Good morning Mr. Lewis, This is to acknowledge receipt of your objection, for which we thank you. We will follow-up within a few days of the date and time of the hearing. Regards, Julie From: Douglas Lewis [mailto:[email protected]] Sent: Wednesday, May 10, 2017 11:57 PM To: Lorenzo, Julia Cc: [email protected] Subject: Objection to Instructional Material

Ms. Lorenz, I tried to submit the objections to one of the text books online, but was unable to do so. Please accept my objection to the book 2018 Pearson Florida United States History by email attachment instead. Additionally, please confirm receipt of this submitted objection by return email. Thank you. Best, Douglas Lewis, Parent

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Pursuant to School Board policy and administrative procedures, this e-mail system is the property of the School District of Collier County and to be used for official business only. In addition, all users are cautioned that messages sent through this system are subject to the Public Records Law of the State of Florida and also to review by the school system. There should be no expectation of privacy.

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EXHIBIT H

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