JODI HOFFMAN, Individually and as Mother and next friend of Nicole Hoffman, Dustin Hoffman and Donald Hoffman, her minor children,
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
|UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 98-6290-CIV-HURLEY
MAGISTRATE: JUDGE LYNCH
| WHEREAS, HOFFMAN and THE SCHOOL BOARD desire to resolve disputes existing between them as to the claims asserted in the mater of Jodi Hoffman, et. al., v. The School Board of Broward County, Florida, Case No. 98-6290-CIV-HURLEY, in the United States District Court for the Southern District of Florida; and
WHEREAS, the parties hereto have amicably resolved the disputes existing between them.
NOW THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, the parties do mutually agree as follows:
1. The foregoing recitals are true and correct and are herein incorporated by references.
2. Defendant THE SCHOOL BOARD agrees that its workshops given to teachers concerning instruction and course materials pertaining to acquired immune deficiency syndrome, sexually transmitted diseases, or health education containing instruction in human sexuality shall include a notification that such instructions is to include those matters specified in Section 233.0672(2), Florida Statutes, including, nut not limited to, subsection (2)(a) which provides that a school shall "[t]each abstinence from sexual activity outside of marriage as the expected standard for all school-age children while teaching the benefits of monogamous heterosexual marriage." In the event that Section 233.0672(2), Florida Statutes, or any subsection thereof, is repealed, any obligation founded upon a repealed provision ceases upon the effective date of the repeal.
3. Defendant THE SCHOOL BOARD agrees to issue to all school principals a page to be included in the Principal's Handbook which sets forth curriculum materials guidelines. A copy of said page is appended hereto as Exhibit "A" for identification purposes. THE SCHOOL BOARD will direct principals to distribute that page to all instructional personnel.
4. Defendant THE SCHOOL BOARD agrees to discontinue further classroom use of the fact file diskettes corresponding to "Chapter 12: The Politics of Sexuality: Abortion" (Frames 25829-30094) of the ABC News Interactive laserdisc entitled Understanding Ourselves: Teenage Sexuality, copyright 1990.
5. Defendant THE SCHOOL BOARD shall pay the sum of THREE THOUSAND FIVE HUNDRED COLLARS AND No/00 CENTS ($3,500.00) to Plaintiff JODI HOFFMAN, by January 8, 1999.
6. Plaintiff HOFFMAN acknowledges that THE SCHOOL BOARD has already implemented measures to utilize newspapers in classroom exercises on those weekdays during which the newspapers have historically printed the fewest number of adult entertainment advertisements. With regard to curriculum programs in which newspapers are used in the classroom, THE SCHOOL BOARD agrees to direct newspapers to include as part of their teacher training an emphasis of the curriculum materials guidelines in the Principal's Handbook.
7. Each party hereto shall bear its own attorney's fees and costs incurred in these proceedings.
8. HOFFMAN and THE SCHOOL BOARD shall enter into and file with the Court a Joint Stipulation for Final Order of Dismissal With Prejudice as to all claims asserted in the above-captioned proceedings and shall exchange general releases.
9. The settlement of this claim by THE SCHOOL BOARD is a business decision made as part of its risk management program and is not admission of wrongdoing.
10. This Agreement is contingent upon the approval of the Superintendent of Schools for THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA which approval shall be sought within three (3) days of the entry of this Agreement.
EXECUTED this 16th day of December, 1998 at Fort Lauderdale, Florida.
Policy 6000.1, Standards of Service/Pupil Progression states, "In order to support schools in the identification of quality instructional resources materials, the district will provide an approved Instructional Resource Materials list which will be continuously updated and which will include materials that encourage a wide variety of instructional techniques and technologies to accommodate various learning styles. This list does not preclude the use of supplementary resources to enhance the district-approved materials. All non state adopted instructional materials must be evaluated by the school staff and approved by the principal prior to purchase. The district will provide support and consultation."
Please consider the following guidelines when determining the appropriateness of materials used as curriculum resources.
The curriculum materials shall: