The Florida Senate

229.011  State functions.

229.012  Composition of the State Board of Education.

229.021  Meeting dates.

229.031  Quorum.

229.041  Regulations and standards have force of law.

229.053  General powers of state board.

229.0535  Authority to enforce school improvement.

229.064  Bond issue pursuant to s. 9(d), Art. XII; interest rate.

229.066  Community college indebtedness; bonds and tax anticipation certificates; payment.

229.085  Custody of educational funds.

229.111  State board authorized to accept gifts.

229.121  State board authorized to exchange land.

229.133  Career education programs to meet workforce shortages; rulemaking.

229.134  Rules adopted pursuant to statutes amended by ch. 97-190; effect.

229.011  State functions.--Public education is basically a function and responsibility of the state. The responsibility for establishing standards and regulations to assure efficient operation of all schools and adequate educational opportunities for all children is retained by the state.

History.--s. 301, ch. 19355, 1939; CGL 1940 Supp. 892(41); ss. 9, 13, ch. 65-239; s. 83, ch. 97-190.

Note.--Former s. 229.01.

229.012  Composition of the State Board of Education.--The State Board of Education shall consist of the Governor, the Secretary of State, the Attorney General, the Comptroller, the Treasurer, the Commissioner of Agriculture, and the Commissioner of Education. The Governor shall be the chair of the board, and the Commissioner of Education shall be its secretary and executive officer.

History.--s. 315, ch. 19355, 1939; CGL 1940 Supp. 892(55); s. 20, ch. 29764, 1955; ss. 10, 13, ch. 65-239; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 1, ch. 69-389; s. 1212, ch. 95-147.

Note.--Former s. 229.15.

229.021  Meeting dates.--On or before July 1 of each year the state board shall designate and set aside 1 day each month as a regular meeting day. Special meetings may be held on request of the Commissioner of Education.

History.--s. 304, ch. 19355, 1939; CGL 1940 Supp. 892(44); s. 13, ch. 65-239; s. 1, ch. 69-300.

Note.--Former s. 229.04.

229.031  Quorum.--Four members of the state board shall constitute a quorum. No business may be transacted at any meeting unless a quorum is present.

History.--s. 305, ch. 19355, 1939; CGL 1940 Supp. 892(45); s. 13, ch. 65-239; s. 2, ch. 69-389.

Note.--Former s. 229.05.

229.041  Regulations and standards have force of law.--All rules and regulations and minimum standards adopted or prescribed by the state board in carrying out the provisions of the school code shall, if not in conflict therewith, have the full force and effect of law.

History.--s. 306, ch. 19355, 1939; CGL 1940 Supp. 892(46); s. 13, ch. 65-239.

Note.--Former s. 229.06.

229.053  General powers of state board.--

(1)  The State Board of Education is the chief policymaking and coordinating body of public education in Florida. It has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of law conferring duties upon it for the improvement of the state system of public education. Except as otherwise provided herein, it may, as it shall find appropriate, delegate its general powers to the Commissioner of Education or the directors of the divisions of the department.

(2)  The board has the following duties:

(a)  To adopt comprehensive educational objectives for public education.

(b)  To adopt comprehensive long-range plans and short-range programs for the development of the state system of public education.

(c)  To exercise general supervision over the divisions of the Department of Education as necessary to ensure coordination of educational plans and programs and resolve controversies and to minimize problems of articulation and student transfers, to assure that students moving from one level of education to the next have acquired competencies necessary for satisfactory performance at that level, and to ensure maximum utilization of facilities.

(d)  To adopt for public universities and community colleges, and from time to time modify, minimum and uniform standards of college-level communication and computation skills generally associated with successful performance and progression through the baccalaureate level and to identify college-preparatory high school coursework and postsecondary-level coursework that prepares students with the academic skills necessary to succeed in postsecondary education.

(e)  To adopt and transmit to the Governor as chief budget officer of the state on official forms furnished for such purposes, on or before September 1 of each year, estimates of expenditure requirements for the State Board of Education, the Commissioner of Education, and all of the boards, institutions, agencies, and services under the general supervision of the State Board of Education for the ensuing fiscal year.

(f)  To hold meetings, transact business, keep records, adopt a seal, and perform such other duties as may be necessary for the enforcement of all laws and regulations relating to the state system of public education.

(g)  To approve plans for cooperating with the Federal Government.

(h)  To approve plans for cooperating with other public agencies in the development of regulations and in the enforcement of laws for which the state board and such agencies are jointly responsible.

(i)  To review plans for cooperating with appropriate nonpublic agencies for the improvement of conditions relating to the welfare of schools.

(j)  To create such subordinate advisory bodies as are required by law or as it finds necessary for the improvement of education.

(k)  To constitute the State Board for Career Education or other structures as required by federal law.

(l)  To assist in the economic development of the state by developing a state-level planning process to identify future training needs for industry, especially high-technology industry.

(m)  To assist in the planning and economic development of the state by establishing a clearinghouse for information on educational programs of value to economic development.

(n)  To contract with independent institutions accredited by an agency holding membership in the Commission on Recognition of Postsecondary Accreditation for the provision of those educational programs and facilities which will meet needs unfulfilled by the state system of public postsecondary education.

(o)  To recommend that a district school board take action consistent with the state board's decision relating to an appeal of a charter school application.

History.--ss. 15, 31, 35, ch. 69-106; s. 1, ch. 75-19; s. 107, ch. 79-222; s. 2, ch. 81-162; s. 1, ch. 82-46; s. 3, ch. 82-180; s. 2, ch. 83-265; s. 6, ch. 84-94; ss. 1, 2, ch. 91-37; s. 2, ch. 91-55; s. 32, ch. 91-109; s. 5, ch. 91-429; s. 3, ch. 94-310; s. 3, ch. 95-411; s. 4, ch. 96-186; s. 84, ch. 97-190; s. 28, ch. 98-200.

229.0535  Authority to enforce school improvement.--It is the intent of the Legislature that all public schools be held accountable for ensuring that students perform at acceptable levels. A system of school improvement and accountability that assesses student performance by school, identifies schools not providing adequate progress, and institutes appropriate measures for enforcing improvement shall be the responsibility of the State Board of Education.

(1)  Pursuant to Art. IX of the State Constitution prescribing the duty of the State Board of Education to supervise Florida's public school system and notwithstanding any other statutory provisions to the contrary, the State Board of Education shall have the authority to intervene in the operation of a district school system in cases where one or more schools in a school district have failed to make adequate progress for 3 consecutive school years. The state board may determine that the school district and/or school has not taken steps sufficient to ensure that students in the school in question are well served. Considering recommendations of the Commissioner of Education, the state board is authorized to recommend action to a district school board that is intended to ensure improved educational services to students in the low-performing schools in question. Recommendations for actions to be taken in the school district shall be made only after thorough consideration of the unique characteristics of a school, which shall also include student mobility rates and the number and type of exceptional students enrolled in the school. The state board shall adopt by rule steps to follow in this process. Such steps shall ensure that school districts have sufficient time to improve student performance in schools and have had the opportunity to present evidence of assistance and interventions that the school board has implemented.

(2)  The state board is specifically authorized to recommend one or more of the following actions to school boards to ensure that students in low-performing schools are well served by the public school system:

(a)  Provide additional resources, change certain practices, and provide additional assistance if the state board determines the causes of inadequate progress to be related to school district policy or practice;

(b)  Implement a plan that satisfactorily resolves the education equity problems in the school;

(c)  Contract for the educational services of the school, or reorganize the school at the end of the school year under a new principal who is authorized to hire new staff and implement a plan that addresses the causes of inadequate progress;

(d)  Allow parents of students in the school to send their children to another district school of their choice, if appropriate; or

(e)  Other action as deemed appropriate to improve the school's performance.

(3)  In recommending actions to school boards, the State Board of Education shall specify the length of time available to implement the recommended action. The state board may adopt rules to further specify how it may respond in specific circumstances. No action taken by the state board shall relieve a school from state accountability requirements.

(4)  The State Board of Education is authorized to require the Department of Education or Comptroller to withhold any transfer of state funds to the school district if, within the timeframe specified in state board action, the school district has failed to comply with said action ordered to improve low-performing schools. Withholding the transfer of funds shall occur only after all other recommended actions for school improvement have failed to improve the performance of the school. The State Board of Education may invoke the same penalty to any school board that fails to develop and implement a plan for assistance and intervention for low-performing schools as specified in s. 230.23(16)(c).

History.--s. 1, ch. 96-369; s. 47, ch. 97-190.

229.064  Bond issue pursuant to s. 9(d), Art. XII; interest rate.--Any bonds hereafter issued by the State Board of Education in accordance with the provisions of s. 9(d), Art. XII of the State Constitution of 1968, which, by reference adopted s. 18, Art. XII of the State Constitution of 1885, as said section was originally approved at the general election of November 1952, and as said s. 18 was thereafter amended at the general election of November 1964, shall bear interest at not exceeding 7.5 percent per annum.

History.--s. 1, ch. 68-117; s. 1, ch. 69-161; s. 31, ch. 69-216; s. 3, ch. 72-221.

229.066  Community college indebtedness; bonds and tax anticipation certificates; payment.--

(1)  The indebtedness incurred for the benefit of community colleges and represented by bonds or motor vehicle tax anticipation certificates issued from time to time by the State Board of Education, hereinafter called "state board," pursuant to s. 18, Art. XII of the State Constitution of 1885 on behalf of the several former county boards of public instruction shall not be considered by the state board in determining the amount of bonds or motor vehicle tax anticipation certificates which the state board may issue from time to time on behalf of the several school districts under the provisions of s. 9(d), Art. XII of the State Constitution, as amended at the general election held on November 7, 1972, hereinafter called "school capital outlay amendment." Such indebtedness incurred on behalf of community colleges, as described above, shall be considered by the state board in determining the amount of bonds or motor vehicle tax anticipation certificates which the state board may issue from time to time on behalf of the several community college districts under the provisions of the school capital outlay amendment.

(2)  The debt service requirements on the indebtedness incurred for the benefit of community colleges and represented by bonds or motor vehicle tax anticipation certificates issued from time to time by the state board on behalf of the several former county boards of public instruction, as described in subsection (1), shall be paid from funds distributable pursuant to the school capital outlay amendment to the credit of the several community college districts, and not from funds distributable pursuant to the school capital outlay amendment to the credit of the several school districts.

(3)  Nothing herein shall ever be construed to authorize the state board to affect adversely or impair the contractual rights created and vested by reason of the prior issuance of bonds or motor vehicle tax anticipation certificates by the state board.

History.--ss. 1, 2, 3, ch. 73-267.

229.085  Custody of educational funds.--

(1)  All funds received by the Department of Education shall be deposited in the State Treasury subject to disbursement in such manner and for such purpose as the Legislature may by law provide. However, funds held in trust for student organizations which are established and operated in conjunction with public school or community college programs may, upon approval by the state board, be exempted from this section and deposited outside the State Treasury.

(2)  There is created in the Department of Education the Projects, Contracts, and Grants Trust Fund. If, in executing the terms of such grants or contracts for specific projects, the employment of personnel shall be required, such personnel shall not be subject to the requirements of s. 216.262(1)(a). The personnel employed to plan and administer such projects shall be considered in time-limited employment not to exceed the duration of the grant or until completion of the project, whichever first occurs. Such employees shall not acquire retention rights under the Career Service System, the provisions of ¹s. 110.051(1) to the contrary notwithstanding. Any employee holding permanent career service status in a Department of Education position who is appointed to a position under the Projects, Contracts, and Grants Trust Fund shall retain such permanent status in the career service position.

History.--s. 9, ch. 72-333; s. 8, ch. 75-302; s. 1, ch. 79-112; s. 85, ch. 97-190.

¹Note.--Repealed by s. 42, ch. 79-190.

229.111  State board authorized to accept gifts.--

(1)  The Commissioner of Education may accept or decline, on behalf of the state system of public education or of any school fund established or recognized by law, any gift or bequest of money, royalty, or other personal or real property given or bequeathed to the state system of public education, or to any school fund established or recognized by law. Conditions may not be attached to any such gift or bequest of money, royalty, or other personal or real property given or bequeathed for the purposes designated herein which are contrary to the provisions of law or regulations of the state board relating to the use or expenditure of the fund.

(2)  The State Treasurer shall be treasurer and custodian of all such gifts and bequests of money, royalty, and other personal property given or bequeathed for the purposes designated herein. He or she shall receive and provide for the proper custody and disbursement of any such funds, in accordance with the provisions of law and regulations of the state board.

History.--ss. 1, 2, ch. 20879, 1941; s. 13, ch. 65-239; s. 1213, ch. 95-147; s. 86, ch. 97-190.

Note.--Former s. 229.24.

229.121  State board authorized to exchange land.--

(1)  The State Board of Education of this state is hereby authorized in its discretion to exchange land of the State School Fund held by said board for other land in this state held by any other state agency, or by any county in this state, or by any person, private or corporate, where such exchange will be advantageous to said fund.

(2)  The said State Board of Education shall have authority to fix the terms and conditions of any such exchange and to select and agree upon the lands to be conveyed to and to be received by said board, and to make and enter into contracts and agreements therefor. To be acceptable, the land to be received by said board in exchange shall be free of tax or other debt and shall be clear as to title.

(3)  In making exchange of land, the said board may in its discretion convey said land without the reservation of oil, gas, or of phosphate and other minerals required by s. 270.11, where deeds to land received in exchange convey title in fee simple without such reservations, or to determine the part or parts to be reserved and the part or parts to be conveyed so as to facilitate exchange on a basis as nearly equal as may be.

(4)  The land comprising part of the State School Fund shall not be subject to taxes of any kind whatsoever, but shall enjoy constitutional immunity therefrom, nor shall taxes of any kind be imposed thereon; nor, since not subject to tax, shall the state or any state agency be liable for taxes or the equivalent thereof sought to be imposed upon said land. All outstanding tax sale certificates against land of the state school fund are hereby canceled.

(5)  Any such exchanges of land heretofore made by said State Board of Education are hereby confirmed and validated.

History.--ss. 1-5, ch. 25186, 1949; s. 13, ch. 65-239; s. 55, ch. 71-355; s. 6, ch. 72-221.

Note.--Former s. 229.241.

229.133  Career education programs to meet workforce shortages; rulemaking.--The State Board of Education shall adopt rules pursuant to which an ¹area technical center or community college may conduct ²career education programs to meet statewide workforce shortage needs.

History.--s. 2, ch. 91-122.

¹Note.--The term "area technical center" was substituted for the term "area vocational-technical center" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

²Note.--The term "career education" was substituted for the term "vocational education" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

229.134  Rules adopted pursuant to statutes amended by ch. 97-190; effect.--All rules of the State Board of Education adopted pursuant to the provisions of law amended by chapter 97-190, Laws of Florida, in effect on June 30, 1997, remain in effect until specifically altered, amended, or revoked in the manner provided by law.

History.--s. 160, ch. 97-190.

229.512  Commissioner of Education; general powers and duties.

229.513  Rules and statutes relating to facilities and classrooms; periodic review.

229.515  Rulemaking by commissioner.

229.52  State Board of Education; assistance in economic development.

229.551  Educational management.

229.555  Educational planning and information systems.

229.559  Social security numbers used as student identification numbers.

229.565  Educational evaluation procedures.

229.57  Student assessment program.

229.58  District and school advisory councils.

229.59  Educational improvement projects.

229.591  Comprehensive revision of Florida's system of school improvement and education accountability.

229.592  Implementation of state system of school improvement and education accountability.

229.593  Florida Commission on Education Reform and Accountability.

229.594  Powers and duties of the commission.

229.595  Implementation of state system of education accountability for school-to-work transition.

229.601  Career education program.

229.602  Florida private sector and education partnerships.

229.603  Instructional Technology Grant Program.

229.6054  International education; intent.

229.6055  International education programs encouraged.

229.6058  School readiness pilot program.

229.512  Commissioner of Education; general powers and duties.--The Commissioner of Education is the chief educational officer of the state, and has the following general powers and duties:

(1)  To appoint staff necessary to carry out his or her powers and duties.

(2)  To suspend, for cause, with the approval of the State Board of Education, a public community college president. Such suspension shall be acted upon expeditiously by the local community college board of trustees.

(3)  To advise and counsel with the State Board of Education on all matters pertaining to education; to recommend to the State Board of Education actions and policies as, in the commissioner's opinion, should be acted upon or adopted; and to execute or provide for the execution of all acts and policies as are approved.

(4)  To call such special meetings of the State Board of Education as the commissioner deems necessary.

(5)  To keep such records as are necessary to set forth clearly all acts and proceedings of the state board.

(6)  To have a seal for his or her office with which, in connection with his or her own signature, the commissioner shall authenticate true copies of decisions, acts, or documents.

(7)  To assemble all data relative to the preparation of the long-range plan for the development of the state system of public education; to propose for adoption by the State Board of Education such a plan; and to propose revisions in the plan as may be necessary.

(8)  To recommend to the State Board of Education policies and steps designed to protect and preserve the principal of the State School Fund; to provide an assured and stable income from the fund; to execute such policies and actions as are approved; and to administer the State School Fund.

(9)  To take action on the release of mineral rights based upon the recommendations of the Board of Trustees of the Internal Improvement Trust Fund.

(10)  To submit to the State Board of Education, at least 30 days prior to the date fixed herein, recommendations of expenditures for the State Board of Education, the Commissioner of Education, and all of the boards, institutions, agencies, and services under the general supervision of the State Board of Education for the ensuing fiscal year.

(11)  To develop and implement a plan for cooperating with the Federal Government in carrying out any or all phases of the educational program and to recommend policies for administering funds that are appropriated by Congress and apportioned to the state for any or all educational purposes.

(12)  To develop and implement policies for cooperating with other public agencies in carrying out those phases of the program in which such cooperation is required by law or is deemed by the commissioner to be desirable and to cooperate with public and nonpublic agencies in planning and bringing about improvements in the educational program.

(13)  To prepare forms and procedures as are necessary to be used by district school boards and all other educational agencies to assure uniformity, accuracy, and efficiency in the keeping of records, the execution of contracts, the preparation of budgets, or the submission of reports; to furnish at state expense, when deemed advisable by the commissioner, those forms that can more economically and efficiently be provided.

(14)  To implement a program of school improvement and education accountability as provided by statute and State Board of Education rule which is based upon the achievement of the state education goals, recognizing the State Board of Education as the body corporate responsible for the supervision of the system of public education, the school board as responsible for school and student performance, and the individual school as the unit for education accountability; to arrange for the preparation, publication, and distribution of materials relating to the state system of public education which will supply information concerning needs, problems, plans, and possibilities; to prepare and publish annually reports giving statistics and other useful information pertaining to the state system of public education; and to have printed copies of school laws, forms, instruments, instructions, and regulations of the State Board of Education and to provide for the distribution of the same.

(15)  To develop criteria for use by state instructional materials committees in evaluating materials submitted for adoption consideration. The criteria shall, as appropriate, be based on instructional expectations reflected in curriculum frameworks and student performance standards. The criteria for each subject or course shall be made available to publishers of instructional materials at least 24 months prior to the date on which bids are due as provided by s. 233.14, except as otherwise permitted under s. 233.17(3). It is the intent of the Legislature that publishers have ample time to develop instructional materials designed to meet requirements in this state.

(16)  To prescribe procedures for evaluating instructional materials submitted by publishers and manufacturers in each adoption.

History.--s. 15, ch. 69-106; ss. 7, 8, ch. 72-221; s. 2, ch. 75-302; s. 109, ch. 79-222; s. 129, ch. 81-259; s. 11, ch. 83-326; s. 14, ch. 91-182; s. 9, ch. 91-283; s. 1215, ch. 95-147; s. 45, ch. 95-280; s. 87, ch. 97-190; s. 1, ch. 97-285.

229.513  Rules and statutes relating to facilities and classrooms; periodic review.--

(1)  The Commissioner of Education shall review rules of the State Board of Education and of the Department of Education on a periodic basis, as determined by the commissioner, and recommend revisions or repeals to eliminate obsolete, excessively restrictive, and unnecessary requirements applicable to school districts in the construction, renovation, remodeling, leasing, or repair of facilities and related matters affecting the physical quality of classrooms for instructional purposes.

(2)  The Commissioner of Education shall recommend to the Legislature on a periodic basis, as determined by the commissioner, the revision or repeal of provisions of the Florida Statutes to eliminate obsolete, excessively restrictive, and unnecessary requirements applicable to school districts in the construction, renovation, remodeling, leasing, or repair of facilities and related matters affecting the physical quality of classrooms for instructional purposes.

History.--s. 1, ch. 97-265; s. 21, ch. 97-384.

229.515  Rulemaking by commissioner.--The Commissioner of Education has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of the school code conferring duties upon the commissioner, with the exception of provisions relating to state universities and community colleges and the Florida School for the Deaf and the Blind.

History.--s. 88, ch. 97-190; s. 29, ch. 98-200.

229.52  State Board of Education; assistance in economic development.--

(1)  To assist in the economic development of the state, the State Board of Education shall develop a state-level planning process to identify future training needs for industries, especially high-technology industry.

(2)  To assist in this planning and to assist in the economic development of the state, the state board shall establish a clearinghouse for information on educational programs of value to the economic development of the state. This clearinghouse should provide access to information on expertise of faculty and staff in public and independent institutions of postsecondary education and data on the quality and number of postsecondary education programs in areas critical to economic development.

History.--s. 2, ch. 83-325.

229.551  Educational management.--

(1)  The department is directed to identify all functions which under the provisions of this act contribute to, or comprise a part of, the state system of educational accountability and to establish within the department the necessary organizational structure, policies, and procedures for effectively coordinating such functions. Such policies and procedures shall clearly fix and delineate responsibilities for various aspects of the system and for overall coordination of the total system. The commissioner shall perform the following duties and functions:

(a)  Coordination of department plans for meeting educational needs and for improving the quality of education provided by the state system of public education;

(b)  Coordination of management information system development for all levels of education and for all divisions of the department, to include the development and utilization of cooperative education computing networks for the state system of public education;

(c)  Development of database definitions and all other items necessary for full implementation of a comprehensive management information system as required by s. 229.555;

(d)  Coordination of all planning functions for all levels and divisions within the department;

(e)  Coordination of all cost accounting and cost reporting activities for all levels of education, including public schools, vocational programs, community colleges, and institutions in the State University System;

(f)  Development and coordination of a common course designation and numbering system for postsecondary education in school districts, community colleges, participating nonpublic postsecondary education institutions, and the State University System which will improve program planning, increase communication among all postsecondary delivery systems, and facilitate the transfer of students. The system shall not encourage or require course content prescription or standardization or uniform course testing, and the continuing maintenance of the system shall be accomplished by appropriate faculty committees representing public and participating nonpublic institutions. The Articulation Coordinating Committee, whose membership represents public and nonpublic postsecondary institutions, shall:

1.  Identify the highest demand degree programs within the State University System.

2.  Conduct a study of courses offered by universities and accepted for credit toward a degree. The study shall identify courses designated as either general education or required as a prerequisite for a degree. The study shall also identify these courses as upper-division level or lower-division level.

3.  Appoint faculty committees representing both community college and university faculties to recommend a single level for each course included in the common course numbering and designation system. Any course designated as an upper-division level course must be characterized by a need for advanced academic preparation and skills that a student would be unlikely to achieve without significant prior coursework. A course that is offered as part of an associate in science degree program and as an upper-division course for a baccalaureate degree shall be designated for both the lower and upper division. Of the courses required for each baccalaureate degree, at least half of the credit hours required for the degree shall be achievable through courses designated as lower-division courses, except in degree programs approved by the Board of Regents pursuant to s. 240.209(5)(e). A course designated as lower-division may be offered by any community college. The Articulation Coordinating Committee shall recommend to the State Board of Education the levels for the courses. The common course numbering and designation system shall include the courses at the recommended levels, and, by fall semester of 1996, the registration process at each state university and community college shall include the courses at their designated levels and common course numbers.

4.  Appoint faculty committees representing both community college and university faculties to recommend those courses identified to meet general education requirements within the subject areas of communication, mathematics, social sciences, humanities, and natural sciences. The Articulation Coordinating Committee shall recommend to the State Board of Education those courses identified to meet these general education requirements by their common course code number. All community colleges and state universities shall accept these general education courses.

5.  Appoint faculty committees representing both community colleges and universities to recommend common prerequisite courses and identify course substitutions when common prerequisites cannot be established for degree programs across all institutions. Faculty work groups shall adopt a strategy for addressing significant differences in prerequisites, including course substitutions. The Board of Regents shall be notified by the Articulation Coordinating Committee when significant differences remain. Common degree program prerequisites shall be offered and accepted by all state universities and community colleges, except in cases approved by the Board of Regents pursuant to s. 240.209(5)(f). The Board of Regents shall work with the State Board of Community Colleges on the development of a centralized database containing the list of courses and course substitutions that meet the prerequisite requirements for each baccalaureate degree program;

(g)  Expansion and ongoing maintenance of the common course designation and numbering system to include the numbering and designation of postsecondary vocational courses and facilitate the transfer of credits between public schools, community colleges, and state universities. The Articulation Coordinating Committee shall:

1.  Adopt guidelines for the participation of public school districts and community colleges in offering courses that may be transferred to a certificate, diploma, or degree program. These guidelines shall establish standards addressing faculty qualifications, admissions, program curricula, participation in the common course designation and numbering system, and other issues identified by the Task Force on Workforce Development and the Commissioner of Education. Guidelines should also address the role of accreditation in the designation of courses as transferable credit. Such guidelines must not jeopardize the accreditation status of educational institutions and must be based on data related to the history of credit transfer among institutions in this state and others.

2.  Identify postsecondary vocational programs offered by community colleges and public school districts. The list shall also identify vocational courses designated as college credit courses applicable toward a vocational diploma or degree. Such courses must be identified within the common course numbering and designation system.

3.  Appoint faculty committees representing both community college and public school faculties to recommend a standard program length and appropriate occupational completion points for each postsecondary vocational certificate program, diploma, and degree; and

(h)  Development of common definitions necessary for managing a uniform coordinated system of career education for all levels of the state system of public education.

(2)  It is the intent of the Legislature that the commissioner, as appropriate, draw upon the expertise and the staff of all appropriate departments and agencies of the state in assuring that the system of educational accountability is administered in the most effective and efficient manner possible.

(3)  As a part of the system of educational accountability, the department shall:

(a)  Develop minimum performance standards for various grades and subject areas, as required in ss. 229.565 and 229.57.

(b)  Administer the statewide assessment testing program created by s. 229.57.

(c)  Develop and administer an educational evaluation program, including the provisions of the Plan for Educational Assessment developed pursuant to s. 9, chapter 70-399, Laws of Florida, and adopted by the State Board of Education.

(d)  Review the school advisory councils of each district as required by s. 229.58.

(e)  Conduct the program evaluations required by s. 229.565.

(f)  Maintain a listing of college-level communication and computation skills defined by the Articulation Coordinating Committee as being associated with successful student performance through the baccalaureate level and submit the same to the State Board of Education for approval.

(g)  Maintain a listing of tests and other assessment procedures which measure and diagnose student achievement of college-level communication and computation skills and submit the same to the State Board of Education for approval.

(h)  Maintain for the information of the State Board of Education and the Legislature a file of data compiled by the Articulation Coordinating Committee to reflect achievement of college-level communication and computation competencies by students in state universities and community colleges.

(i)  Develop or contract for, and submit to the State Board of Education for approval, tests which measure and diagnose student achievement of college-level communication and computation skills. Any tests and related documents developed are exempt from the provisions of s. 119.07(1). The commissioner shall maintain statewide responsibility for the administration of such tests and may assign administrative responsibilities for the tests to any public university or community college. The state board, upon recommendation of the commissioner, is authorized to enter into contracts for such services beginning in one fiscal year and continuing into the next year which are paid from the appropriation for either or both fiscal years.

(j)  Perform any other functions that may be involved in educational planning, research, and evaluation or that may be required by the commissioner, the State Board of Education, or law.

History.--s. 8, ch. 68-13; s. 1, ch. 69-300; s. 13, ch. 72-221; s. 3, ch. 75-302; s. 2, ch. 76-223; s. 108, ch. 79-222; s. 2, ch. 81-193; s. 2, ch. 82-180; s. 3, ch. 83-325; s. 50, ch. 84-336; s. 40, ch. 85-80; s. 10, ch. 85-109; s. 1, ch. 86-225; s. 47, ch. 87-329; s. 1, ch. 88-18; s. 20, ch. 89-189; s. 57, ch. 89-381; s. 56, ch. 90-360; s. 10, ch. 91-283; s. 68, ch. 92-136; s. 1, ch. 95-243; s. 75, ch. 96-406; s. 3, ch. 97-246; s. 6, ch. 97-307; s. 4, ch. 98-58.

229.555  Educational planning and information systems.--

(1)  EDUCATIONAL PLANNING.--

(a)  The commissioner shall be responsible for all planning functions for the department, including collection, analysis, and interpretation of all data, information, test results, evaluations, and other indicators that are used to formulate policy, identify areas of concern and need, and serve as the basis for short-range and long-range planning. Such planning shall include assembling data, conducting appropriate studies and surveys, and sponsoring research and development activities designed to provide information about educational needs and the effect of alternative educational practices.

(b)  Each district school board shall maintain a continuing system of planning and budgeting which shall be designed to aid in identifying and meeting the educational needs of students and the public. Provision shall be made for coordination between district school boards and community college district boards of trustees concerning the planning for vocational and adult educational programs. The major emphasis of the system shall be upon locally determined goals and objectives, the state plan for education, and the minimum performance standards developed by the Department of Education. The district planning and budgeting system must include consideration of student achievement data obtained pursuant to s. 229.57. The system shall be structured to meet the specific management needs of the district. The system of planning and budgeting shall ensure that the budget adopted by the district school board reflect the plan the board has also adopted. Each district school board shall utilize its system of planning and budgeting to emphasize a system of school-based management in which individual school centers become the principal planning units and eventually to integrate planning and budgeting at the school level.

(2)  COMPREHENSIVE MANAGEMENT INFORMATION SYSTEMS.--The commissioner shall develop and implement an integrated information system for educational management. The system shall support, as feasible, the management decisions to be made in each division of the department and at the individual school and district levels. Similar data elements among divisions and levels shall be compatible. The system shall be based on an overall conceptual design; the information needed for such decisions, including fiscal, student, program, personnel, facility, community, evaluation, and other relevant data; and the relationship between cost and effectiveness. The system shall be managed and administered by the commissioner and shall include a district subsystem component to be administered at the district level, with input from the reports-and-forms control management committees. Each district school system with a unique management information system shall assure that compatibility exists between its unique system and the district component of the state system to the extent that all data required as input to the state system shall be made available in the appropriate input format.

(a)  The specific responsibilities of the commissioner shall include:

1.  Consulting with school district representatives in the development of the system design model and implementation plans for the management information system for public school education management;

2.  Providing operational definitions for the proposed system;

3.  Determining the information and specific data elements required for the management decisions made at each educational level, recognizing that the primary unit for information input shall be the individual school and recognizing that time and effort of instructional personnel expended in collection and compilation of data should be minimized;

4.  Developing standardized terminology and procedures to be followed at all levels of the system;

5.  Developing a standard transmittal format to be used for collection of data from the various levels of the system;

6.  Developing appropriate computer programs to assure integration of the various information components dealing with students, personnel, facilities, fiscal, program, community, and evaluation data;

7.  Developing the necessary programs to provide statistical analysis of the integrated data provided in subparagraph 6. in such a way that required reports may be disseminated, comparisons may be made, and relationships may be determined in order to provide the necessary information for making management decisions at all levels;

8.  Developing output report formats which will provide district school systems with information for making management decisions at the various educational levels;

9.  Developing a phased plan for distributing computer services equitably among all public schools and school districts in this state as rapidly as possible. The plan shall describe alternatives available to the state in providing such computing services and shall contain estimates of the cost of each alternative, together with a recommendation for action. In developing such plan, the feasibility of shared use of computing hardware and software by school districts, community colleges, and universities shall be examined. Laws or administrative rules regulating procurement of data processing equipment, communication services, or data processing services by state agencies shall not be construed to apply to local agencies which share computing facilities with state agencies;

10.  Assisting the district school systems in establishing their subsystem components and assuring compatibility with current district systems;

11.  Establishing procedures for continuous evaluation of system efficiency and effectiveness;

12.  Initiating a reports-management and forms-management system to ascertain that duplication in collection of data does not exist and that forms and reports for reporting under state and federal requirements and other forms and reports are prepared in a logical and uncomplicated format, resulting in a reduction in the number and complexity of required reports, particularly at the school level; and

13.  Initiating such other actions as are necessary to carry out the intent of the Legislature that a management information system for public school management needs be implemented. Such other actions shall be based on criteria including, but not limited to:

a.  The purpose of the reporting requirement;

b.  The origination of the reporting requirement;

c.  The date of origin of the reporting requirement; and

d.  The date of repeal of the reporting requirement.

(b)  The specific responsibilities of each district school system shall include:

1.  Establishing, at the district level, a reports-control and forms-control management system committee composed of school administrators and classroom teachers. The district school board shall appoint school administrator members and classroom teacher members; or, in school districts where appropriate, the classroom teacher members shall be appointed by the bargaining agent. Teachers shall constitute a majority of the committee membership. The committee shall periodically recommend procedures to the district school board for eliminating, reducing, revising, and consolidating paperwork and data collection requirements and shall submit to the district school board an annual report of its findings.

2.  With assistance from the commissioner, developing systems compatibility between the state management information system and unique local systems.

3.  Providing, with the assistance of the department, inservice training dealing with management information system purposes and scope, a method of transmitting input data, and the use of output report information.

4.  Establishing a plan for continuous review and evaluation of local management information system needs and procedures.

5.  Advising the commissioner of all district management information needs.

6.  Transmitting required data input elements to the appropriate processing locations in accordance with guidelines established by the commissioner.

7.  Determining required reports, comparisons, and relationships to be provided to district school systems by the system output reports, continuously reviewing these reports for usefulness and meaningfulness, and submitting recommended additions, deletions, and change requirements in accordance with the guidelines established by the commissioner.

8.  Being responsible for the accuracy of all data elements transmitted to the department.

(c)  It is the intent of the Legislature that the expertise in the state system of public education, as well as contracted services, be utilized to hasten the plan for full implementation of a comprehensive management information system.

History.--s. 3, ch. 76-223; s. 130, ch. 81-259; s. 21, ch. 83-324; s. 3, ch. 85-191; s. 2, ch. 90-99; s. 69, ch. 91-105.

229.559  Social security numbers used as student identification numbers.--Each school district shall request that each student enrolled in a public school in this state provide his or her social security number. Each school district shall use social security numbers as student identification numbers in the management information system maintained by the school district. However, a student is not required to provide his or her social security number as a condition for enrollment or graduation. A student satisfies this requirement by presenting to school enrollment officials his or her social security card or a copy of the card. The school district shall include the social security number in the student's permanent records and shall indicate if the student identification number is not a social security number. The commissioner shall provide assistance to school districts to assure that the assignment of student identification numbers other than social security numbers is kept to a minimum and to avoid duplication of any student identification number.

History.--s. 71, ch. 90-288; s. 24, ch. 90-302; s. 1216, ch. 95-147; s. 89, ch. 97-190.

229.565  Educational evaluation procedures.--

(1)  STUDENT PERFORMANCE STANDARDS.--

¹(a)  The State Board of Education shall approve student performance standards in the various program categories and chronological grade levels which the Commissioner of Education designates as necessary for maintaining a good educational system. The standards must apply, without limitation, to language arts, mathematics, science, social studies, the arts, health and physical education, foreign language, reading, writing, history, government, geography, economics, and computer literacy. The commissioner shall obtain opinions and advice from citizens, educators, and members of the business community in developing the standards. For purposes of this section, the term "student performance standard" means a statement describing a skill or competency students are expected to learn.

(b)  The student performance standards must address the skills and competencies that a student must learn in order to graduate from high school. The commissioner shall also develop performance standards for students who learn a higher level of skills and competencies.

(2)  EDUCATION EVALUATION.--The Commissioner of Education, or the Auditor General as provided in paragraph (a), shall periodically examine and evaluate procedures, records, and programs in each district to determine compliance with law and rules established by the state board, or by the Commissioner of Education, and in each correctional institution operated by the Department of Corrections to determine compliance with law and rules established by the Department of Corrections for the Correctional Education Program pursuant to s. 944.801. Such evaluations must include, but need not be limited to:

(a)  Reported full-time equivalent membership in each program category. This evaluation must be conducted by the Auditor General for the Florida Education Finance Program full-time enrollment verification function.

(b)  The organization of all special programs to ensure compliance with law and the criteria established and approved by the state board pursuant to the provisions of this section and s. 230.23(4)(m).

(c)  The procedures for identification and placement of students in educational alternative programs for students who are disruptive or unsuccessful in a normal school environment and for diagnosis and placement of students in special programs for exceptional students, to determine that the district is following the criteria for placement established by rules of the state board and of the Commissioner of Education and the procedures for placement established by that district school board and by the Commissioner of Education.

(d)  An evaluation of the standards by which the school district evaluates basic and special programs for quality, efficiency, and effectiveness.

(e)  Determination of the ratio of administrators to teachers in each school district.

(f)  Compliance with the cost accounting and reporting requirements of s. 237.34 and the extent to which the percentage expenditure requirements therein are being met.

(g)  Clearly defined data collection and documentation requirements, including specifications of which records and information need to be kept and how long the records need to be retained. The information and documentation needs for evaluation must be presented to the school districts and explained well in advance of the actual audit date.

(h)  Determination of school district achievement in meeting the performance standards specified in s. 232.2454.

(3)  ASSISTANCE AND ADJUSTMENTS.--If discrepancies or deficiencies are found, the Commissioner of Education must provide information and assistance to the superintendent and personnel of the district in correcting the cited deficiencies. Priority for such assistance must be given to providing the most deficient individual school programs with research-based problem identification strategies and alternatives to improve student performance. Such alternatives must be systematically drawn from research related to school effectiveness, teacher effectiveness, or management effectiveness. If it is determined that the approved criteria and procedures for the placement of students and the conduct of programs have not been followed by the district, appropriate adjustments in the full-time equivalent student count for that district must be made, and any excess funds must be deducted from subsequent allocations of state funds to that district. As provided for by rule, if errors in a specific program of a district recur in consecutive years due to lack of corrective action by the district, adjustments may be made based upon statistical estimates of error projected to the overall district program.

History.--s. 5, ch. 76-223; s. 4, ch. 78-405; s. 3, ch. 79-288; s. 22, ch. 83-324; ss. 3, 23, ch. 83-327; s. 6, ch. 83-348; s. 102, ch. 84-336; s. 14, ch. 86-183; s. 1, ch. 87-113; s. 63, ch. 87-224; s. 4, ch. 88-161; s. 3, ch. 89-101; s. 3, ch. 90-99; s. 33, ch. 92-136; s. 10, ch. 95-325; s. 1, ch. 95-395; s. 2, ch. 97-2; ss. 48, 90, ch. 97-190; s. 1, ch. 97-266.

¹Note.--As amended by s. 1, ch. 97-266. This version is published as the last expression of legislative will (see Journal of the Senate 1997, p. 1843, and Journal of the House of Representatives 1997, p. 1399). Paragraph (a) of subsection (1) was also amended by s. 90, ch. 97-190, and that version reads:

(a)  The State Board of Education shall approve student performance standards in the various program categories and chronological grade levels which the Commissioner of Education designates as necessary for maintaining a good educational system. The standards must apply, without limitation, to language arts, mathematics, science, social studies, the arts, health and physical education, and foreign language. The commissioner shall obtain opinions and advice from citizens, educators, and members of the business community in developing the standards. For purposes of this section, the term "student performance standard" means a statement describing a skill or competency that students are expected to learn.

229.57  Student assessment program.--

(1)  PURPOSE.--The primary purpose of the statewide assessment program is to provide information needed for the improvement of the public schools. The program must be designed to:

(a)  Identify the educational strengths and needs of students.

(b)  Assess how well educational goals and performance standards are met at the school, district, and state levels.

(c)  Provide information to aid in the evaluation and development of educational programs and policies.

(2)  NATIONAL EDUCATION COMPARISONS.--It is Florida's intent to participate in the measurement of national educational goals set by the President and governors of the United States. The Commissioner of Education is directed to provide for school districts to participate in the administration of the National Assessment of Educational Progress, or a similar national assessment program, both for the national sample and for any state-by-state comparison programs which may be initiated. Such assessments must be conducted using the data collection procedures, the student surveys, the educator surveys, and other instruments included in the National Assessment of Educational Progress or a similar program. The results of these assessments shall be included in the annual report of the Commissioner of Education specified in this section. The administration of the National Assessment of Educational Progress or a similar program shall be in addition to and separate from the administration of the statewide assessment program otherwise described in this section.

(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner is directed to design and implement a statewide program of educational assessment that provides information for the improvement of the operation and management of the public schools. The program must be designed, as far as possible, so as not to conflict with ongoing district assessment programs and so as to use information obtained from district programs. Pursuant to the statewide assessment program, the commissioner shall:

(a)  Submit to the state board a list that specifies student skills and competencies to which the goals for education specified in the state plan apply, including, but not limited to, reading, writing, and mathematics. The skills and competencies must include problem-solving and higher-order skills as appropriate. The commissioner shall select such skills and competencies after receiving recommendations from educators, citizens, and members of the business community. The commissioner shall submit to the state board revisions to the list of student skills and competencies in order to maintain continuous progress toward improvements in student proficiency.

(b)  Develop and implement a uniform system of indicators to describe the performance of public school students and the characteristics of the public school districts and the public schools. These indicators must include, without limitation, information gathered by the comprehensive management information system created pursuant to s. 229.555 and student achievement information obtained pursuant to this section.

(c)  Develop and implement a student achievement testing program as part of the statewide assessment program, to be administered at designated times at the elementary, middle, and high school levels to measure reading, writing, and mathematics. The testing program must be designed so that:

1.  The tests measure student skills and competencies adopted by the state board as specified in paragraph (a). The tests must measure and report student proficiency levels in reading, writing, and mathematics. Other content areas may be included as directed by the commissioner. The commissioner shall provide for the tests to be developed or obtained, as appropriate, through contracts and project agreements with private vendors, public vendors, public agencies, postsecondary institutions, or school districts. The commissioner shall obtain input with respect to the design and implementation of the testing program from state educators and the public.

2.  The tests are criterion-referenced and include, to the extent determined by the commissioner, items that require the student to produce information or perform tasks in such a way that the skills and competencies he or she uses can be measured.

3.  Each testing program, whether at the elementary, middle, or high school level, includes a test of writing in which students are required to produce writings which are then scored by appropriate methods.

4.  A score is designated for each subject area tested, below which score a student's performance is deemed inadequate. The school districts shall provide appropriate remedial instruction to students who score below these levels.

5.  All 11th grade students take a high school competency test developed by the state board to test minimum student performance skills and competencies in reading, writing, and mathematics. The test must be based on the skills and competencies adopted by the state board pursuant to paragraph (a). Upon recommendation of the commissioner, the state board shall designate a passing score for each part of the high school competency test. In establishing passing scores, the state board shall consider any possible negative impact of the test on minority students. The commissioner may establish criteria whereby a student who successfully demonstrates proficiency in either reading or mathematics or both may be exempted from taking the corresponding section of the high school competency test or the college placement test. A student must earn a passing score or have been exempted from each part of the high school competency test in order to qualify for a regular high school diploma. The school districts shall provide appropriate remedial instruction to students who do not pass part of the competency test.

6.  Participation in the testing program is mandatory for all students, except as otherwise prescribed by the commissioner. The commissioner shall recommend rules to the state board for the provision of test adaptations and modifications of procedures as necessary for students in exceptional education programs and for students who have limited English proficiency.

7.  A student seeking an adult high school diploma must meet the same testing requirements that a regular high school student must meet.

The commissioner may design and implement student testing programs for any grade level and subject area, based on procedures designated by the commissioner to monitor educational achievement in the state.

(d)  Obtain or develop a career planning assessment to be administered to students, at their option, in grades 7 and 10 to assist them in preparing for further education or entering the workforce. The statewide student assessment program must include career planning assessment.

(e)  Conduct ongoing research to develop improved methods of assessing student performance, including, without limitation, the use of technology to administer tests, the use of electronic transfer of data, the development of work-product assessments, and the development of process assessments.

(f)  Conduct ongoing research and analysis of student achievement data, including, without limitation, monitoring trends in student achievement, identifying school programs that are successful, and analyzing correlates of school achievement.

(g)  Provide technical assistance to school districts in the implementation of state and district testing programs and the use of the data produced pursuant to such programs.

(4)  DISTRICT TESTING PROGRAMS.--Each district shall periodically assess student performance and achievement within each school of the district. The assessment programs must be based upon local goals and objectives that are compatible with the state plan for education and that supplement the skills and competencies adopted by the State Board of Education. In grades 4 and 8, each district shall administer a nationally normed achievement test selected from a list approved by the state board; the data resulting from these tests must be provided to the Department of Education according to procedures specified by the commissioner. The commissioner may request achievement data for other grade levels as necessary.

(5)  SCHOOL TESTING PROGRAMS.--Each public school administering an achievement test, whether at the elementary, middle, or high school level, and each public school administering the high school competency test, shall prepare an analysis of the resultant data after each administration. The analysis must identify strengths and needs in the educational program and trends over time. The analysis must be used in conjunction with the budgetary planning processes developed pursuant to s. 229.555 and the development of the programs of remediation described in s. 233.051.

(6)  ANNUAL REPORTS.--The commissioner shall prepare annual reports of the results of the statewide assessment program which describe student achievement in the state, each district, and each school. The commissioner shall prescribe the design and content of these reports which must include, without limitation, descriptions of the performance of students at both low levels and exemplary levels, as well as the performance of students scoring in the middle 50 percent of the test population.

(7)  APPLICABILITY OF TESTING STANDARDS.--A student must meet the testing requirements for high school graduation which were in effect at the time the student entered 9th grade provided the student's enrollment was continuous.

(8)  RULES.--The State Board of Education shall adopt rules as necessary to implement the provisions of this section.

History.--ss. 1, 2, 3, 4, ch. 71-197; s. 1, ch. 74-205; s. 6, ch. 76-223; ss. 3, 4, ch. 80-392; s. 2, ch. 87-113; s. 4, ch. 90-99; s. 46, ch. 95-280; s. 3, ch. 97-2; s. 91, ch. 97-190; s. 19, ch. 98-281.

229.58  District and school advisory councils.--

(1)  ESTABLISHMENT.--

(a)  The school board shall establish an advisory council for each school in the district, and shall develop procedures for the election and appointment of advisory council members. Each school advisory council shall include in its name the words "school advisory council." The school advisory council shall be the sole body responsible for final decisionmaking at the school relating to implementation of the provisions of ss. 229.591, 229.592, and 230.23(16). A majority of the members of each school advisory council must be persons who are not employed by the school. Each advisory council shall be composed of the principal and an appropriately balanced number of teachers, education support employees, students, parents, and other business and community citizens who are representative of the ethnic, racial, and economic community served by the school. Vocational-technical center and high school advisory councils shall include students, and middle and junior high school advisory councils may include students. School advisory councils of vocational-technical and adult education centers are not required to include parents as members. Council members representing teachers, education support employees, students, and parents shall be elected by their respective peer groups at the school in a fair and equitable manner as follows:

1.  Teachers shall be elected by teachers.

2.  Education support employees shall be elected by education support employees.

3.  Students shall be elected by students.

4.  Parents shall be elected by parents.

The school board shall establish procedures for use by schools in selecting business and community members. Such procedures shall include means of ensuring wide notice of vacancies and for taking input on possible members from local business, chambers of commerce, community and civic organizations and groups, and the public at large. The school board shall review the membership composition of each advisory council. Should the school board determine that the membership elected by the school is not representative of the ethnic, racial, and economic community served by the school, the board shall appoint additional members to achieve proper representation. The Florida Commission on Education Reform and Accountability shall serve as a review body to determine if schools have maximized their efforts to include on their advisory councils minority persons and persons of lower socioeconomic status. Although schools should be strongly encouraged to establish school advisory councils, any school district that has a student population of 10,000 or fewer may establish a district advisory council which shall include at least one duly elected teacher from each school in the district. For the purposes of school advisory councils and district advisory councils, the term "teacher" shall include classroom teachers, certified student services personnel, and media specialists. For purposes of this paragraph, "education support employee" means any person employed by a school who is not defined as instructional or administrative personnel pursuant to s. 228.041 and whose duties require 20 or more hours in each normal working week.

(b)  The school board may establish a district advisory council representative of the district and composed of teachers, students, parents, and other citizens or a district advisory council which may be comprised of representatives of each school advisory council. Recognized schoolwide support groups which meet all criteria established by law or rule may function as school advisory councils.

(2)  DUTIES.--Each advisory council shall perform such functions as are prescribed by regulations of the school board; however, no advisory council shall have any of the powers and duties now reserved by law to the school board. Each school advisory council shall assist in the preparation and evaluation of the school improvement plan required pursuant to s. 230.23(16). By the 1999-2000 academic year, with technical assistance from the Department of Education, each school advisory council shall assist in the preparation of the school's annual budget and plan as required by s. 229.555(1). A portion of funds provided in the annual General Appropriations Act for use by school advisory councils must be used for implementing the school improvement plan.

History.--s. 8, ch. 76-223; s. 1, ch. 78-416; ss. 11, 21, ch. 91-283; s. 5, ch. 91-429; s. 1, ch. 93-93; s. 49, ch. 97-190; s. 2, ch. 97-279; s. 2, ch. 98-271; s. 21, ch. 98-281.

229.59  Educational improvement projects.--

(1)  Pursuant to rules adopted by the Commissioner of Education, each district school board, or each principal through the district school board, may submit to the commissioner for approval a proposal for implementing an educational improvement project. Such proposals shall be developed with the assistance of district and school advisory councils and may address any or all of the following areas:

(a)  The improvement of school management;

(b)  The improvement of the district and school advisory councils;

(c)  School volunteers;

(d)  The professional development of teachers;

(e)  The restructuring of educational programs to meet the needs of diverse students; and

(f)  Global awareness.

Such projects may also address any other educational area which would be improved through the encouragement of closer working relationships among the school principal, the teachers, and the parents and other members of the community. Priority shall be given to proposals which provide for the inclusion of existing resources, such as district educational training funds, in the implementation of an educational improvement project.

(2)  For each project approved, the commissioner shall authorize distribution of a grant from funds available to the Department of Education for educational improvements projects. Promising innovations resulting from the implementation of such projects shall be disseminated through publications, training programs, and conferences. Projects that are determined to be exceptional and innovative by the department may be further used as demonstration and training models for other projects. The Department of Education shall initiate field-based research to assess the impact of education improvement efforts.

History.--s. 2, ch. 78-416; s. 1, ch. 89-278; s. 81, ch. 90-201; s. 24, ch. 91-5; s. 12, ch. 91-283; s. 92, ch. 97-190.

229.591  Comprehensive revision of Florida's system of school improvement and education accountability.--

(1)  INTENT.--The Legislature recognizes that the children and youth of the state are its future and its most precious resource. To provide these developing citizens with the sound education needed to grow to a satisfying and productive adulthood, the Legislature intends that, by the year 2000, Florida establish a system of school improvement and education accountability based on the performance of students and educational programs. The intent of the Legislature is to provide clear guidelines for achieving this purpose and for returning the responsibility for education to those closest to the students, that is the schools, teachers, and parents. The Legislature recognizes, however, its ultimate responsibility and that of the Governor, the Commissioner of Education, and the State Board of Education and other state policymaking bodies in providing the strong leadership needed to forge a new concept of school improvement and in making adequate provisions for a uniform system of free public schools as required by s. 1, Art. IX of the State Constitution. It is further the intent of the Legislature to build upon the foundation established by the Educational Accountability Act of 1976 and to implement a program of education accountability and school improvement based upon the achievement of state goals, recognizing the State Board of Education as the body corporate responsible for the supervision of the system of public education, the district school board as responsible for school and student performance, and the individual school as the unit for education accountability.

(2)  REQUIREMENTS.--Florida's system for school improvement and education accountability shall:

(a)  Establish state and local educational goals.

(b)  Increase the use of educational outcomes over educational processes in assessing educational programs.

(c)  Redirect state fiscal and human resources to assist school districts and schools to meet state and local goals for student success in school and in later life.

(d)  Provide methods for measuring, and public reporting of, state, school district, and individual school progress toward the education goals.

(e)  Recognize successful schools.

(f)  Ensure that unsuccessful schools are provided assistance and intervention such that improvement occurs, and further ensure that action should occur when schools do not improve.

(3)  EDUCATION GOALS.--The state as a whole shall work toward the following goals:

(a)  Readiness to start school.--Communities and schools collaborate to prepare children and families for children's success in school.

(b)  Graduation rate and readiness for postsecondary education and employment.--Students graduate and are prepared to enter the workforce and postsecondary education.

(c)  Student performance.--Students successfully compete at the highest levels nationally and internationally and are prepared to make well-reasoned, thoughtful, and healthy lifelong decisions.

(d)  Learning environment.--School boards provide a learning environment conducive to teaching and learning.

(e)  School safety and environment.--Communities provide an environment that is drug-free and protects students' health, safety, and civil rights.

(f)  Teachers and staff.--The schools, district, all postsecondary institutions, and state ensure professional teachers and staff.

(g)  Adult literacy.--Adult Floridians are literate and have the knowledge and skills needed to compete in a global economy and exercise the rights and responsibilities of citizenship.

(h)  Parental involvement.--Communities, school boards, and schools provide opportunities for involving parents and guardians as active partners in achieving school improvement and education accountability. The State Board of Education shall adopt standards for indicating progress toward this state education goal by January 1, 1997.

History.--s. 64, ch. 90-288; s. 2, ch. 91-283; s. 1, ch. 93-198; s. 1, ch. 96-329; s. 93, ch. 97-190; s. 22, ch. 98-281.

229.592  Implementation of state system of school improvement and education accountability.--

(1)  DEVELOPMENT.--It is the intent of the Legislature that every public school in the state shall have a school improvement plan, as required by s. 230.23(16), fully implemented and operational by the beginning of the 1993-1994 school year. Vocational standards considered pursuant to s. 239.229 shall be incorporated into the school improvement plan for each area technical center operated by a school board by the 1994-1995 school year, and area technical centers shall prepare school report cards incorporating such standards, pursuant to s. 230.23(16), for the 1995-1996 school year. In order to accomplish this, the Florida Commission on Education Reform and Accountability and the school districts and schools shall carry out the duties assigned to them by ss. 229.594 and 230.23(16), respectively.

(2)  ESTABLISHMENT.--Based upon the recommendations of the Florida Commission on Education Reform and Accountability, the Legislature may enact such laws as it considers necessary to establish and maintain a state system of school improvement and accountability. If, after considering the recommendations of the commission, the Legislature determines an adequate system of accountability to be in place to protect the public interest, the Legislature may repeal or revise laws, including fiscal policies, deemed to stand in the way of school improvement.

(3)  COMMISSIONER.--The commissioner shall be responsible for implementing and maintaining a system of intensive school improvement and stringent education accountability.

(a)  Based on the recommendations of the Florida Commission on Education Reform and Accountability, the commissioner shall develop and implement the following programs and procedures:

1.  A system of data collection and analysis that will improve information about the educational success of individual students and schools. The information and analyses must be capable of identifying educational programs or activities in need of improvement, and reports prepared pursuant to this subparagraph shall be distributed to the appropriate school boards prior to distribution to the general public. This provision shall not preclude access to public records as provided in chapter 119.

2.  A program of school improvement that will analyze information to identify schools, educational programs, or educational activities in need of improvement.

3.  A method of delivering services to assist school districts and schools to improve.

4.  A method of coordinating with the state educational goals and school improvement plans any other state program that creates incentives for school improvement.

(b)  The commissioner shall be held responsible for the implementation and maintenance of the system of school improvement and education accountability outlined in this subsection. There shall be an annual determination of whether adequate progress is being made toward implementing and maintaining a system of school improvement and education accountability.

(c)  The annual feedback report shall be developed by the commission and the Department of Education.

(d)  The commissioner and the commission shall review each school board's feedback report and submit its findings to the State Board of Education. If adequate progress is not being made toward implementing and maintaining a system of school improvement and education accountability, the State Board of Education shall direct the commissioner to prepare and implement a corrective action plan. The commissioner and State Board of Education shall monitor the development and implementation of the corrective action plan.

(e)  As co-chair of the Florida Commission on Education Reform and Accountability, the commissioner shall appear before the appropriate committees of the Legislature annually in October to report and recommend changes in state policy necessary to foster school improvement and education accountability. The report shall reflect the recommendations of the Florida Commission on Education Reform and Accountability. Included in the report shall be a list of the schools for which school boards have developed assistance and intervention plans and an analysis of the various strategies used by the school boards. School reports shall be distributed pursuant to this paragraph and s. 230.23(16)(e) according to guidelines adopted by the State Board of Education.

(4)  DEPARTMENT.--

(a)  The Department of Education shall implement a training program to develop among state and district educators a cadre of facilitators of school improvement. These facilitators shall assist schools and districts to conduct needs assessments and develop and implement school improvement plans to meet state goals.

(b)  Upon request, the department shall provide technical assistance and training to any school, school advisory council, district, or school board for conducting needs assessments, developing and implementing school improvement plans, developing and implementing assistance and intervention plans, or implementing other components of school improvement and accountability. Priority for these services shall be given to school districts in rural and sparsely populated areas of the state.

(c)  Pursuant to s. 24.121(5)(d), the department shall not release funds from the Educational Enhancement Trust Fund to any district in which a school does not have an approved school improvement plan, pursuant to s. 230.23(16), after 1 full school year of planning and development, or does not comply with school advisory council membership composition requirements pursuant to s. 229.58(1). The department shall send a technical assistance team to each school without an approved plan to develop such school improvement plan or to each school without appropriate school advisory council membership composition to develop a strategy for corrective action. The department shall release the funds upon approval of the plan or upon establishment of a plan of corrective action. Notice shall be given to the public of the department's intervention and shall identify each school without a plan or without appropriate school advisory council membership composition.

(5)  STATE BOARD.--The State Board of Education shall adopt rules necessary to implement a state system of school improvement and education accountability. Such rules must be based on recommendations of the Commission on Education Reform and Accountability and must include, but need not be limited to, a requirement that each school report identify the annual Education Enhancement Trust Fund allocations to the district and the school and how those allocations were used for educational enhancement and supporting school improvement.

(6)  EXCEPTIONS TO LAW.--To facilitate innovative practices and to allow local selection of educational methods, the commissioner may waive, upon the request of a school board, requirements of chapters 230 through 239 of the Florida School Code that relate to instruction and school operations, except those pertaining to civil rights, and student health, safety, and welfare. The Commissioner of Education is not authorized to grant waivers for any provisions of law pertaining to the allocation and appropriation of state and local funds for public education; the election, compensation, and organization of school board members and superintendents; graduation and state accountability standards; financial reporting requirements; public meetings; public records; or due process hearings governed by chapter 120. Prior to approval, the commissioner shall report pending waiver requests to the state board on a monthly basis, and shall, upon request of any state board member, bring a waiver request to the state board for consideration. If, within 2 weeks of receiving the report, no member requests that a waiver be considered by the state board, the commissioner may act on the original waiver request. No later than January 1 of each year, the commissioner shall report to the President and Minority Leader of the Senate and the Speaker and Minority Leader of the House of Representatives all approved waiver requests in the preceding year.

(a)  Graduation requirements in s. 232.246 must be met by demonstrating performance of intended outcomes for any course in the Course Code Directory unless a waiver is approved by the commissioner. In developing procedures for awarding credits based on performance outcomes, districts may request waivers from State Board of Education rules relating to curriculum frameworks and credits for courses and programs in the Course Code Directory. Credit awarded for a course or program beyond that allowed by the Course Code Directory counts as credit for electives. Upon request by any school district, the commissioner shall evaluate and establish procedures for variations in academic credits awarded toward graduation by a high school offering six periods per day compared to those awarded by high schools operating on other schedules.

1.  A school board may originate a request for waiver and submit the request to the commissioner if such a waiver is required to implement districtwide improvements.

2.  A school board may submit a request to the commissioner for a waiver if such request is presented to the school board by a school advisory council established pursuant to s. 229.58 and if such a waiver is required to implement a school improvement plan required by s. 230.23(16). The school board shall report annually to the Florida Commission on Education Reform and Accountability, in conjunction with the feedback report required pursuant to subsection (3), the number of waivers requested by school advisory councils, the number of such waiver requests approved and submitted to the commissioner, and the number of such waiver requests not approved and not submitted to the commissioner. For each waiver request not approved, the school board shall report the statute or rule for which the waiver was requested, the rationale for the school advisory council request, and the reason the request was not approved.

3.  When approved by the commissioner, a waiver requested under this paragraph is effective for a 5-year period.

(b)  Notwithstanding the provisions of chapter 120 and for the purpose of implementing this subsection, the commissioner may waive State Board of Education rules if the school board has submitted a written request to the commissioner for approval pursuant to this subsection.

(c)  The written request for waiver of statute or rule must indicate at least how the general statutory purpose will be met, how granting the waiver will assist schools in improving student outcomes related to the student performance standards adopted pursuant to subsection (5), and how student improvement will be evaluated and reported. In considering any waiver, the commissioner shall ensure protection of the health, safety, welfare, and civil rights of the students and protection of the public interest.

(d)  Upon denying a request for a waiver, the commissioner must state with particularity the grounds or basis for the denial. The commissioner shall report the specific statutes and rules for which waivers are requested and the number and disposition of such requests to the Florida Commission on Education Reform and Accountability for use in determining which statutes and rules stand in the way of school improvement.

History.--s. 65, ch. 90-288; s. 3, ch. 91-283; s. 1, ch. 92-64; s. 34, ch. 92-136; s. 2, ch. 93-198; s. 129, ch. 94-209; s. 56, ch. 94-232; s. 1523, ch. 95-147; s. 2, ch. 96-369; ss. 50, 94, ch. 97-190; s. 3, ch. 98-271.

229.593  Florida Commission on Education Reform and Accountability.--

(1)  The Florida Commission on Education Reform and Accountability is created to provide a means by which the state may oversee the establishment and implementation of a new system of school improvement and education accountability from preschool through grade 12. The commission shall be assigned to the Office of the Commissioner of Education for administrative and fiscal accountability purposes, but it shall otherwise function independently.

(2)  The commission shall consist of the following members:

(a)  The Commissioner of Education, who shall serve as a voting ex officio member and as co-chair.

(b)  The Lieutenant Governor, who shall serve as a voting ex officio member and as co-chair.

(c)  Four members appointed by the Governor. Such members shall include three representatives of the business community and a teacher.

(d)  Six members appointed by the President of the Senate. Such members shall include three members of the Senate, a teacher, a parent of a child enrolled in a Florida public school, and a dean of a college of education within the state.

(e)  Six members appointed by the Speaker of the House of Representatives. Such members shall include three members of the House of Representatives, a vocational educator, a parent of a child enrolled in a Florida public school, and a school board member.

(f)  Five members appointed by the Commissioner of Education. Such members shall include a school superintendent, a school principal, a teacher, an expert in testing and measurement, and a parent of a child enrolled in a Florida public school.

(3)  Recognized statewide organizations representing each interest enumerated in this section shall submit no fewer than two nor more than three nominees to the appropriate public official for consideration. The public officials shall appoint members representative of the ethnic, racial, gender, and economic population of the state. The term of each appointed private citizen member shall be for 4 years. A vacancy shall be filled for the remainder of the unexpired term by the person who had appointment jurisdiction of the vacated member. Members shall serve until their successors are duly appointed. Provisions of ¹s. 11.611(8)(b) to the contrary notwithstanding, private citizen members shall be appointed as provided in this section and are not subject to confirmation by the Senate. Members of the commission may be removed for cause by the appointing authority. Any member who, without cause, fails to attend three consecutive meetings may be removed by the appointing authority.

(4)  The commission shall adopt internal organizational procedures or bylaws necessary for its efficient operation. The commission shall elect a vice chair annually, who shall chair the commission in the absence of the chair. The commission may appoint committees from its membership or may create such ad hoc advisory committees as it deems necessary. The commission shall clearly assign to each committee duties that are consistent with the statutory duties of the commission. At least one such committee must be created to address the development of performance standards consistent with the state education goals. Any committee is to serve the commission in a strictly advisory capacity and must have a commission member as chair.

(5)  Members of the commission shall serve without compensation but are entitled to reimbursement for per diem and travel expenses incurred in the performance of their duties as provided in s. 112.061. Legislators are entitled to receive travel and per diem expenses as provided by the Office of Legislative Services for meetings of legislative committees. When appropriate, commission members who are parents are to receive a stipend for child care costs incurred while attending commission meetings.

History.--s. 66, ch. 90-288; ss. 4, 21, ch. 91-283; s. 5, ch. 91-429; s. 1217, ch. 95-147; s. 95, ch. 97-190; s. 27, ch. 98-136.

¹Note.--Repealed by s. 5, ch. 91-429; ratified by s. 33, ch. 96-318.

229.594  Powers and duties of the commission.--

(1)  The commission shall review and recommend procedures for a new system of school improvement and education accountability and recommend the repeal or modification of statutes, fiscal policies, and rules that stand in the way of school improvement. Specifically, the commission shall:

(a)  Serve as an advisory body to oversee the development, establishment, implementation, and maintenance of a program of school improvement and education accountability based upon the achievement of state education goals. This responsibility shall include the following:

1.  Holding public hearings, as necessary, in various parts of the state. The purpose of these hearings is to receive public comment on the status of education and suggestions regarding the establishment and implementation of a system of school improvement and education accountability. When feasible, alternative methods such as teleconferencing shall be employed to increase public involvement.

2.  Observing the development and implementation of school improvement plans pursuant to s. 230.23(16). Particular attention shall be paid to ensuring the involvement of teachers, parents, and community in the development and implementation of individually prepared school improvement plans.

3.  Involving the business community in the provision of needed training for school advisory councils, teachers, principals, district administrators, and school board members.

4.  Annually recommending changes in statutes, rules, and policies needed to implement and maintain a system of school improvement and education accountability in the state.

(b)  Review and, with assistance from the Department of Education, analyze results of school needs assessments submitted by district school boards. The report shall include recommendations for changes in the school improvement and accountability required by s. 230.23(16) which are considered necessary as a result of the school needs assessments. The report shall also include a recommendation regarding the minimum number of credits, subjects, and courses that should be required by the state for regular and alternative high school diplomas; the number of hours of instruction required to receive a credit; the length of a high school day; and the number of periods per day for high schools.

(c)  Recommend to the Legislature, the State Board of Education, and the Commissioner of Education, as appropriate, the components of a system of school improvement and accountability. Initial recommendations must be reviewed and revised as necessary annually and must include:

1.  Performance standards for indicating state, school district, and school progress toward the state education goals and a definition of what shall be considered "adequate progress" toward meeting these performance standards. Effective June 1, 1993, such standards must incorporate the provisions of s. 239.229.

2.  Methods for measuring state, school district, and school progress toward the goals. These assessment methods must include the most effective and efficient procedures available from the current system of assessment and alternative and new assessment practices.

3.  Methods for public reporting on the progress toward the goals by the state, school districts, and individual schools. Emphasis shall be placed on reporting individual school improvement and progress, and comparisons between schools shall be minimized. Methods for reporting the status of children and families and community services available in each school district to help children and families in need shall also be developed.

4.  Effective use of existing methods for recognizing schools and development of necessary additional methods to recognize schools that meet or make adequate progress toward the education goals. The commission shall also consider the development of incentives including financial incentives for schools that make exceptional progress toward the education goals.

5.  Guidelines that may be adopted as rule by the State Board of Education, or the Commissioner of Education, and the school board in determining the action for any school that does not improve after 3 years of assistance and intervention, including commission responsibility in recommending action for said schools. The guidelines must be stringent and must ensure that the school is not permitted to continue serving students in a less than adequate manner.

If in the opinion of the commission an adequate system of accountability is in place to protect the public interest, the commission may recommend to the Legislature the repeal or revision of laws, including fiscal policies, and to the State Board of Education and the Commissioner of Education the repeal or revision of rules, which in the opinion of the commission stand in the way of school improvement. The commission may defer any or all recommendations for repeal or revision of laws and rules until such time as it determines an adequate system of accountability is established and implemented.

(2)  The commission shall:

(a)  Appoint an executive director who shall serve under the direction, supervision, and control of the commission. The executive director shall be the chief administrative officer of the commission and shall be responsible for appointing all employees and staff members of the commission, who shall serve under her or his direction and control. All employees of the commission are exempt from the Career Service System.

(b)  Use the talents, expertise, and resources within the state, and especially those of the public education system, to whatever extent practicable. The commission may call upon appropriate agencies of state government for staff assistance, clerical resources, materials, and other support services and coordinate and consult with existing agency and legislative staff, in order that minimum costs and maximum expertise may be achieved.

(c)  Have the authority to make and enter into contracts or agreements with private individuals, corporations, organizations, and others, as the commission determines is necessary, expedient, or incidental to the performance of its duties or the execution of its powers.

(d)  Have the authority to apply for and accept funds, grants, donations, expenses, in-kind services, or other valued goods or services from the government of the United States or any of its agencies, state government, local governments, or any other public or private source. Funds or services acquired or accepted under this paragraph shall be used to carry out the commission's assigned duties and responsibilities.

(e)  Keep full, detailed, and accurate records pursuant to chapter 119.

(f)  Prepare and submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Commissioner of Education, and each Cabinet member a report and recommendations by October 1 of each year. The annual reports of the commission shall be made available to other appropriate governmental officials and to the public schools in this state.

History.--s. 67, ch. 90-288; ss. 5, 21, ch. 91-283; s. 5, ch. 91-429; s. 1, ch. 92-100; s. 35, ch. 92-136; s. 6, ch. 95-146; s. 1218, ch. 95-147; ss. 51, 96, ch. 97-190.

229.595  Implementation of state system of education accountability for school-to-work transition.--

(1)  The Legislature recognizes that the most efficient and cost-effective means of preparing youth to enter the workforce is through the provision of instructional experiences in elementary and secondary schools that enable students to attain entry-level employment and enroll in postsecondary institutions. The Legislature further recognizes that such preparation requires student demonstration of competence in a comprehensive array of academic, social, and technical skills. The Legislature intends that education accountability efforts specifically include measures through which schools can document the manner in which they have prepared students to enter the workforce.

(2)  School accountability efforts shall include information regarding the provision of accurate, timely career and curricular counseling to students. Such accountability shall include a delineation of the information available to students regarding career opportunities, educational requirements associated with each career, educational institutions that prepare students to enter each career, and student financial aid available to enable students to pursue any postsecondary instruction required to enter that career. Such accountability shall also delineate school procedures for identifying individual student interests and aptitudes which enable students to make informed decisions about the curriculum that best addresses their individual interests and aptitudes while preparing them to enroll in postsecondary education and enter the workforce. Information shall include recommended high school coursework that prepares students for success in college-level work. Such information shall be made known to parents and students annually through inclusion in the institution's handbook, manual, or other similar documents regularly provided to parents and students. Schools are encouraged to implement innovative methods for the communication of information to parents and students.

(3)  School accountability efforts shall delineate the availability of applied instruction that utilizes concrete, real-world examples to elicit demonstrated student competence comparable to the student performance standards delineated for corresponding traditional college-preparatory courses. Such efforts shall also delineate the support services available for students who require assistance in order to successfully complete instruction necessary to enroll in postsecondary education or enter the workforce.

(4)  School accountability efforts shall delineate the availability of instruction that enables students to acquire the technical skills associated with specific clusters of occupations as well as employability skills that apply to most occupations. In addition, such efforts shall describe and identify the availability of workplace-based learning experiences. Any school that conducts secondary vocational programs shall identify any agreements through which each program articulates into corresponding postsecondary programs.

(5)  Any assessment required for student receipt of a high school diploma shall include items designed to assess student preparation to enter the workforce. The Florida Commission on Education Reform and Accountability shall identify the employability skills associated with successful entry into the workforce from which such items shall be derived.

History.--s. 5, ch. 94-319; s. 4, ch. 97-246.

229.601  Career education program.--

(1)  This section may be cited as the "Florida Career Education Act."

(2)  There is hereby established a career education program in the state educational system. The Commissioner of Education and his or her designated staff shall administer this program. In developing and administering the career education program, the purpose of which is to promote positive career opportunities for all students regardless of their race, color, creed, national origin, ancestry, socioeconomic status, or gender, the commissioner shall:

(a)  Coordinate the efforts of the various disciplines or programs within the educational system, from kindergarten through postsecondary levels, and coordinate and articulate the activities of the various divisions of the Department of Education that are concerned with career education.

(b)  Assemble, develop, and distribute instructional materials for use in career education. Such materials shall include information regarding recommended high school coursework that prepares students for success in college-level coursework.

(c)  Develop programs for preservice and inservice training for the purpose of infusing career education concepts into the basic curricula of public schools and core curricula of community colleges and state universities and programs for preservice and inservice training for counselors and occupational and placement specialists to assist in career counseling and placement and followup activities.

(d)  Coordinate and assist the efforts of business and industry, community-based organizations, and governmental agencies that are concerned with education and work.

(e)  Integrate career education in the general curricula of all public school grades and postsecondary education levels, directing special efforts toward defining high-technology needs and incorporating these needs into the career planning process.

History.--s. 4, ch. 85-191; s. 2, ch. 92-100; s. 1219, ch. 95-147; s. 5, ch. 97-246.

229.602  Florida private sector and education partnerships.--

(1)  This section may be cited as the "Florida Private Sector and Education Partnership Act."

(2)  The Legislature recognizes that the public school system would be strengthened by a closer cooperation between the private sector and the schools. Where such cooperation exists, teachers, schools, and students benefit from the support, recognition, and expertise provided from the business community. The business community also benefits by enhancing its image and enlarging its pool of prepared potential employees. Further, local communities with strong support from the business community have better educational systems, contributing to a better quality of life, greater community stability, and a healthier economic climate. It is therefore the intent of the Legislature to enhance existing cooperation between the private sector and education entities and to facilitate the expansion and development of new partnership activities.

(3)  The Commissioner of Education shall designate an office within the Department of Education to encourage and enhance partnerships between education and the private sector, to function as a clearinghouse for material dissemination, and to provide training and consultation to school districts as appropriate. The duties of the office shall include, but not be limited to, the following:

(a)  Developing recommendations for establishing private sector and education partnerships and for the distribution of funds to local districts for partnership activities.

(b)  Evaluating grant proposals and making recommendations to the commissioner for distribution of funds to local districts with priority given to partnership activities which involve teacher development strategies, high school completion programs for students identified as at-risk, telecommunications, senior citizen involvement, rural districts with financial needs, new innovative programs, and other priority programs deemed appropriate.

(c)  Developing recommendations for soliciting and utilizing funds of the state direct-support organization as defined in s. 229.8021.

(d)  Expanding the network for exchange of expertise and information about private sector and education partnerships throughout the state.

(e)  Providing technical assistance and workshops to facilitate the exchange of information and expertise about partnership programs.

(f)  Establishing a method of measuring the impact of private sector and education partnerships on improving the quality of education.

(g)  Establishing appropriate award systems to recognize business for its contribution to improving education.

(h)  Identifying exemplary materials and models to be disseminated to local school districts.

(4)  Beginning January 1, 1989, the commissioner shall make an annual report to the Legislature within 60 days prior to the beginning of the regular legislative session. The report shall include:

(a)  A summary of the status of private sector and education partnership programs including the Florida public schools challenge grants program and other grant programs.

(b)  Recommendations to improve the efficiency and promote the growth of private sector and education partnerships.

(5)  Each school district shall designate one or more persons to coordinate local private sector and education partnership activities. The general activities of these coordinators shall be to enhance private sector and education partnership activities. The specific duties of the district coordinators shall include, but not be limited to, the following:

(a)  Maintaining contact with local businesses and industries, local chamber of commerce organizations, private industry councils with Job Training Partnership Act programs, district occupational specialists, guidance personnel, economics educators, volunteer coordinators, community education coordinators, appropriate governmental personnel, and any others interested in private sector and education partnerships.

(b)  Coordinating private sector and education partnership activities.

(c)  Receiving materials and information disseminated by the office and communicating this information to appropriate district and business personnel.

(d)  Providing assistance in applying partnership models.

(e)  Providing communication linkage between the local education agency and the private sector.

(f)  Disseminating information about successful partnerships to the local print and broadcast media.

(g)  Providing assistance in writing grant proposals to receive funds.

(h)  Providing information to local employers and postsecondary education institutions regarding the Florida gold seal vocational endorsement program.

(i)  Seeking partnerships to provide recipients of the Florida gold seal vocational endorsement with job and advanced training opportunities, including scholarships to postsecondary vocational-technical institutions.

(6)(a)  The Commissioner of Education shall authorize Florida public schools challenge grants to school districts. These funds shall be distributed by the commissioner on a fair and equitable basis. Eighty percent of the available funds shall be applied to projects in which matching funding support is provided by foundations or the private sector. The commissioner may include documented market value of private sector services in awarding challenge grants. The remaining 20 percent of available funds may be granted directly to school districts based on local need and limited private sector resources. Funding matches shall be conducted with a ratio of 60 percent provided by the private sector and 40 percent provided by the state. Submitted proposals shall indicate the agencies involved in the partnership agreement, an outline of activities to be undertaken, the procedures for joint planning and coordination, a budget request explaining the proposed expenditure of funds, the outcomes and advantages expected from the funded activities, and a provision for reporting the results at a regional or state conference held at the conclusion of the project. Grant proposals shall be signed by representatives of the agencies involved in the partnership agreement. The State Board of Education, in consultation with the department, shall adopt a simple format to facilitate grant proposal applications.

(b)  Florida public schools challenge grants shall be awarded for, but not limited to, the following types of programs:

1.  Dropout prevention and alcohol and substance abuse prevention.

2.  Preservice and inservice training of teachers, administrators, and other school personnel.

3.  Teacher internships or sabbaticals in the private sector.

4.  Joint community/school long-range planning.

5.  Tutoring and mentoring of students.

¹6.  Career education.

7.  Student or teacher incentive and motivational programs.

8.  Community/school resource development.

9.  Physical plant and workplace enhancement.

10.  Community/school public relations and communication.

11.  Private sector/education coordinating activities to facilitate the further establishment of partnerships.

12.  Management training which would involve both school and private sector managers.

13.  Programs which bring business volunteers into the classroom.

(7)(a)  The Florida compact pilot program is hereby established with the intent to provide incentives for local school districts to establish formal agreements with business, industry, vocational programs, postsecondary institutions of higher education, government, and other community resources in an effort to reduce the rate of school dropouts, to provide jobs for high school graduates, and to increase opportunities for high school graduates to attend vocational programs and other postsecondary institutions of higher education.

(b)  The Commissioner of Education is authorized to select at least three school districts or consortia of districts to participate in a 5-year pilot program to foster improved interagency collaboration among those who educate, work with, and employ young people. Such program shall be implemented beginning with the 1987-1988 school year. Evidence of collaboration shall take the form of a written agreement, or compact, that is the result of a formal strategic planning model and specifically defined linkages.


The compact shall include commitments, stated as goals which are accompanied by operational strategies, from business, community, government, and schools for comprehensive efforts including, but not limited to, activities for raising student achievement and reducing school dropouts and youth unemployment.

(c)  Each school district or consortium of districts may apply to participate in this pilot program on forms prescribed by the department. Factors to be considered in selection of the pilot sites shall include, but not be limited to, the following:

1.  Dropout rate and youth unemployment rate within the district or districts. Those districts with high rates of school dropout and youth unemployment shall have priority in the selection process.

2.  Socioeconomic demographics of the school district or districts. The districts selected shall reflect a broad cross section of economic, social, and ethnic backgrounds.

3.  Commitment and involvement of private sector and education entities. Evidence of involvement from a wide variety of business, community, government, and school groups shall be submitted. Such evidence may include signed agreements and pledges of matching funds. Commitment to build and sustain the compact throughout the 5-year pilot period shall be demonstrated.

4.  The potential effectiveness of the planning model and the procedures for joint goal setting and coordination. A comprehensive planning model shall be developed which shall reflect well-defined, quantifiable goals of school effectiveness, including, but not limited to, raising student achievement and reducing school dropouts and youth unemployment. This planning model shall include provisions for the ongoing review and monitoring of compact goals and activities through the use of advisory councils, the designation of persons for coordination of compact pursuits, and other such mechanisms.

5.  Ability to evaluate and disseminate results. Plans shall be submitted for thorough evaluation of all activities and documentation of results in raising student achievement and reducing school dropouts and youth unemployment and for dissemination of the model to other school districts.

(d)  From the district or consortium proposals received, the commissioner shall approve at least three proposals for participation in the program. In order to promote diversity and maximum potential for replication, one proposal shall be approved from districts with up to 5,000 students, one from districts with 5,001 to 25,000 students, and one from districts with over 25,000 students. At least one proposal shall represent a rural community.

(e)  Each participating district or consortium shall submit annual reports of progress and evidence of effectiveness to the commissioner who shall review each pilot project individually and make recommendations to the Legislature for annual funding. At the end of the 5-year period each district shall submit a final report of all activities and evidence of effectiveness to both the commissioner and the Legislature.

(8)  Partnership vocational education programs shall be those job-preparatory vocational education programs offered through signed partnership agreements between area technical centers and business, industry, or apprenticeship committees. Partnership vocational education programs are limited to:

(a)  Apprenticeship programs approved pursuant to chapter 446.

(b)  Cooperative education programs where instruction is provided, including required academic courses and related vocational instruction, by alternation of study in school with a job in any occupational field, provided that the two experiences must be planned and supervised by the school and employers so that each contributes to the student's education and employability.

(c)  Courses provided through the area technical center in which the sole instructor is a full-time salaried employee of a business or industry whose teaching services are provided free to the school district, thus allowing the school district to provide the course at a lower cost per pupil.

(9)(a)  There is created the Mathematics and Science Partnership Program. Funds appropriated for this program shall be distributed by the Commissioner of Education to the state's elementary, middle, and junior high schools and developmental research schools on the basis of proposals submitted for projects that include matching fund partnerships with foundations or private sector individuals or agencies. The ratio of matching funds for each project shall be 60 percent from private sources and 40 percent from state funds.

(b)  Project proposals must include the following:

1.  Identification of the school and the private entity to be involved in the partnership agreement;

2.  An outline of the proposed project activities;

3.  Procedures for joint planning and coordination by partnership participants;

4.  A budget request describing the proposed expenditure of funds;

5.  A description of the anticipated project outcomes;

6.  Procedures for assessing the success of the project in achieving stated objectives;

7.  Provision for reporting project results to the Department of Education and at a regional or state conference of program participants;

8.  A description of how the project implements the Comprehensive Plan for Mathematics, Science, and Computer Education.

(c)  Project proposals must be signed by representatives of the parties involved in the partnership agreement.

(d)  The State Board of Education shall adopt forms for proposal applications.

(e)  Proposals shall be funded based on the merit of proposals submitted, as determined by the commissioner, to the extent of the state funds appropriated for this purpose.

(f)  Mathematics and Science Partnership Program grants shall be used to encourage initiatives from elementary and middle school teachers for teaching mathematics, science, and computer skills through programs which:

1.  Allocate resources for the materials necessary to implement the curricular goals of the comprehensive plan; and

2.  Develop and implement alternative classroom and laboratory designs that enhance and encourage active learning and laboratory learning in mathematics, science, and computer education.

(10)(a)  There is hereby created the teacher/quest partnership program. This program establishes a new education partnership with business, industry, or nonprofit or government agencies for the purpose of providing teachers with the opportunity to enhance their knowledge and improve their teaching skills in the areas of science, mathematics, and computer science.

(b)  Teachers shall participate in a project in association with a business, industry, or agency partner. Teachers shall explore job-related science, mathematics, and computer skills, and the application of mathematical, scientific, and computing concepts to problems faced in business, industry, or agency settings. This experience will keep them current, provide them with a "real world" perspective and experiential knowledge, and enable them to develop resource contacts from the participating organizations who could be invited to participate in classroom demonstrations or other learning experiences.

(c)  The Department of Education is authorized to distribute grants to school districts for teacher/quest partnership projects. Each project shall provide salary stipends to teachers for the summer recess at their regular rate of pay. Each school district and participating business, industry, or agency shall reach a contractual agreement which shall be included in a proposal submitted to the Department of Education. A business, industry, or agency shall agree to hire teachers, and teacher recipients shall make a commitment to continue teaching or repay the cost of the stipend. The proposed projects shall be judged on their originality and the potential transfer of knowledge to learning opportunities for students. All projects shall require the participating business, industry, or agency to match state dollars one for one.

(d)  The program shall be funded wholly or in part by the Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund, pursuant to s. 240.408.

(11)  The State Board of Education is authorized to make rules as necessary to carry out the provisions of this section.

(12)  Nothing in this section shall be construed as prohibiting appropriate governmental agencies, vocational programs, postsecondary educational institutions, and other publicly funded entities from participating in partnership activities with the public schools.

History.--s. 20, ch. 87-329; s. 38, ch. 89-278; s. 8, ch. 89-298; s. 4, ch. 89-302; s. 37, ch. 92-136; s. 17, ch. 93-260; s. 47, ch. 95-280; s. 97, ch. 97-190.

¹Note.--Subparagraph (6)(b)7., listing "[v]ocational education," was deleted to conform to the directive of the Legislature in s. 16, ch. 94-232. That directive required editorial substitution of the term "career education" for the term "vocational education." Subparagraph (6)(b)6. already listed career education.

229.603  Instructional Technology Grant Program.--There is created the Instructional Technology Grant Program.

(1)  GRANT FUNDING.--

(a)  Eighty percent of the funds appropriated for this program shall be distributed by the Commissioner of Education to the state's school districts on the basis of proposals submitted for implementing instructional technology. These funds may be used to replicate existing instructional technology programs. At least 10 percent of these funds shall be used for teacher and other related training.

(b)  At least 10 percent of the funds appropriated for this program shall be used to fund research and development and codevelopment of new instructional technologies and their implementation in the classroom.

(c)  Up to 10 percent of the funds appropriated for this program shall be used to fund new or innovative use of instructional technology or use of new instructional technology.

(2)  GRANT ADMINISTRATION.--

(a)  Project proposals must include the following:

1.  An outline of the proposed project activities and project budget.

2.  A description of how the proposed project will integrate instructional technology with regular classroom teaching.

3.  A description of how the project incorporates state-of-the-art instructional technology which utilizes advanced integrated learning systems technology and other newly developed systems geared to hands-on learning and to developing higher order thinking skills, including problem-solving skills, understanding of abstract concepts, and high-level critical thinking and applied learning skills.

4.  A description of how the project will affect and be incorporated into the overall implementation of instructional technology in the school district over the next 5 years.

5.  A description of the anticipated project results and procedures for assessing the success of the project.

(b)  During fiscal year 1990-1991, preference for grant approval shall be given to projects which are dedicated to elementary school implementation and which utilize advanced technology to incorporate self-paced learning.

(c)  Preference for grant approval shall be given to districts which maximize their match of the grant request with district funds and private sector contributions.

(d)  The Department of Education shall adopt forms for proposal applications.

(e)  Proposals shall be recommended to the commissioner by a nine-member grant review panel appointed by the commissioner. The panel shall consist of two teachers, two district administrators, two business people, a school administrator, and two additional members selected at the commissioner's discretion.

(f)  A portion of the grant funds utilized by the commissioner under paragraph (1)(c) may be utilized to:

1.  Administer the program.

2.  Fund development and codevelopment activities.

3.  Establish a clearinghouse to identify, evaluate, and disseminate information regarding developments in the private and public sectors of instructional technology, including both software and hardware.

4.  Disseminate information regarding successful state-of-the-art systems, including an annual catalog of exemplary projects and products.

(g)  The department shall assist grant recipients in using state central-purchasing resources to maximize cost advantages and shall, where necessary, provide districts with technical assistance for needs assessment and grant preparation.

(3)  REPORTS.--Beginning January 1, 1991, the commissioner shall make an annual report to the Legislature within 60 days prior to the beginning of the regular legislative session. The report shall include:

(a)  A summary of the status of the Instructional Technology Grant Program.

(b)  Recommendations to improve the efficiency and promote the utilization of instructional technology.

History.--s. 3, ch. 90-273; s. 75, ch. 90-288; s. 23, ch. 91-201; s. 5, ch. 91-429.

229.6054  International education; intent.--

(1)  The Legislature finds that in a world marked by increasing interdependence, Florida's students, as the leaders of tomorrow, must be capable of:

(a)  Understanding social, political, and economic problems of other countries, particularly those of developing countries with whom Florida is likely to have stronger social and economic relations in the future.

(b)  Understanding the interdependence of various world economies and the interaction of our culture with other cultures within a context of mutual understanding and respect.

(c)  Effective communication across business, linguistic, and cultural frontiers.

(2)  It is the intent of the Legislature to promote international education at a level consistent with the needs of our rapidly changing society and to promote effective linkage between international education and the expansion of international economic activities for the state. It is the further intent of the Legislature that educational programs in our state be designed to provide an appropriate recognition of international issues such as world environmental interdependence, world monetary policies, North-South and East-West relations, and migratory movements among nations so students can better understand the world in which they live and better compete in the global marketplace.

History.--s. 75, ch. 90-201; s. 17, ch. 91-5.

229.6055  International education programs encouraged.--Public schools, community colleges, and universities may and are encouraged to incorporate international education into their programs and strengthen the international character of course offerings, faculty resources, and research opportunities. Such activities may include, but not be limited to, the provision of:

(1)  Instruction in foreign languages and culture, political education, and economic development, as part of the regular kindergarten through grade 12 curriculum and in postsecondary education.

(2)  Foreign languages and international studies as components of in-field courses for the certification and recertification of elementary and secondary school teachers.

(3)  Faculty and nonfaculty human resources as well as other available resources, including preservice and inservice education funds, to assist instructional personnel with the development of international education activities which will foster the delivery of instruction as provided in subsection (1).

(4)  Networking activities through which representatives of the international business and education communities may interact.

(5)  Means through which the delivery of foreign language instruction may be strengthened.

(6)  Foreign language and international education components within summer inservice institutes and staff and program development activities.

(7)  Short-term instruction and seminars for emerging Latin American and Caribbean leaders on the importance and benefits of democracy, including the contributions of private enterprise.

(8)  Participation in overseas academic, research, international trade, and cross-cultural exchange programs for Florida and Latin American/Caribbean students and faculty members.

(9)  International magnet high schools and international programs which draw on the resources of the local international business community, other postsecondary institutions, and other agencies.

History.--s. 3, ch. 86-139.

229.6058  School readiness pilot program.--

(1)  The Commissioner of Education may create a pilot program to promote school readiness for children ages 2 to 5. The program must be provided through an existing early childhood program such as the Prekindergarten Early Intervention Program, the Head Start Program, the Title I program, a subsidized child-care program, or a private child-care program. The pilot program shall provide education for parents of preschool students in order to foster parental support for their children's success in school and in life.

(2)  The Department of Education shall conduct an annual evaluation of the program to assess the children's progress and a longitudinal study to document the achievement of the students in elementary school.

(3)  From federal funds appropriated to the Department of Education, up to $150,000 may be expended to fund the pilot program.

History.--ss. 1, 2, 3, ch. 97-46.

229.75  Department under direction of state board.

229.76  Functions of department.

229.771  Removal from office.

229.775  Computer database of certain persons whose employment was terminated.

229.78  Maintenance of department.

229.781  Records; preservation; destruction.

229.79  Special services of the department; pooling of purchases by school boards.

229.80  Apportionment of state school funds.

229.8021  Direct-support organization; use of property; board of directors; audit.

229.8041  Educational computing.

229.805  Educational television.

229.8051  Public broadcasting program system.

229.8052  State satellite network.

229.8055  Environmental education.

229.8056  Office of Environmental Education.

229.8058  Advisory Council on Environmental Education; establishment; responsibilities.

229.8065  Expenditures for Knott Data Center and Projects, Contracts, and Grants Programs; limitation on state appropriations.

229.807  Conferences of public school personnel.

229.8075  Florida Education and Training Placement Information Program.

229.808  Annual nonpublic school survey.

229.814  High school equivalency diploma program.

229.832  Creation of a system of diagnostic and learning resource centers.

229.8331  Procurement of health services.

229.8333  School-Related Employee of the Year Program; duties of Department of Education.

229.834  Services to other than public school students.

229.8341  Services for infants and preschool children.

229.8343  Persons delinquent in child support; activities; model rule.

229.8345  Habitual truants; identification.

229.75  Department under direction of state board.--The Department of Education shall act as an administrative and supervisory agency under the policy direction of the State Board of Education.

History.--s. 318, ch. 19355, 1939; CGL 1940 Supp. 892(58); s. 22, ch. 29764, 1955; s. 13, ch. 65-239; ss. 15, 35, ch. 69-106; s. 98, ch. 97-190.

Note.--Former s. 229.18.

229.76  Functions of department.--The department is to be located in the offices of the Commissioner of Education and shall assist in providing professional leadership and guidance and in carrying out the policies, procedures, and duties authorized by law or by the board or found necessary by it to attain the purposes and objectives of the school code.

History.--s. 319, ch. 19355, 1939; CGL 1940 Supp. 892(59); s. 13, ch. 65-239; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 99, ch. 97-190.

Note.--Former s. 229.19.

229.771  Removal from office.--The State Board of Education shall remove from office for cause any person appointed by the state board under the provisions of the school code or any subordinate school officer. Incompetency, immorality, misconduct in office, gross insubordination, or willful neglect of duty constitutes cause for such removal. Notice and hearing must be provided pursuant to chapter 120.

History.--ss. 308, 317, ch. 19355, 1939; CGL 1940 Supp. 892(48), (57); s. 13, ch. 65-239; ss. 15, 35, ch. 69-106; s. 56, ch. 71-355; s. 13, ch. 78-95; s. 100, ch. 97-190.

Note.--Former s. 229.08; s. 229.17; s. 229.061(15); s. 229.521(15). This section is a composite of former ss. 229.061(15) and 229.521(15) and of a portion of s. 3, Art. XII of the Constitution of 1885 which was converted to statutory law by s. 10, Art. XII of the Constitution as revised in 1968.

229.775  Computer database of certain persons whose employment was terminated.--

(1)  The Department of Education shall establish a computer database containing the names of persons whose employment is terminated under s. 231.36(1)(a) or (4)(c), which information shall be available to the superintendents of the public school districts and their designees.

(2)  The superintendent of each public school district shall report to the Department of Education the name of any person terminated under s. 231.36(1)(a) or (4)(c) within 10 working days after the date of final action by the school board on the termination, and the department shall immediately enter the information in the computer records.

History.--s. 11, ch. 96-369.

229.78  Maintenance of department.--Appropriations and other funds available for the maintenance of the department shall be expended as provided by law.

History.--s. 321, ch. 19355, 1939; CGL 1940 Supp. 892(61); s. 13, ch. 65-239; ss. 15, 35, ch. 69-106.

Note.--Former s. 229.21.

229.781  Records; preservation; destruction.--

(1)  After complying with the provisions of s. 257.37, the Department of Education is authorized to photograph, microphotograph, or reproduce on film or prints, documents, records, data, and information of a permanent character which in its discretion it may select, and the Department of Education is authorized to destroy any of the said documents after they have been photographed and after audit of the department has been completed for the period embracing the dates of said instruments. Photographs or microphotographs in the form of film or prints made in compliance with the provisions of this section shall have the same force and effect as the originals thereof would have, and shall be treated as originals for the purpose of their admissibility in evidence. Duly certified or authenticated reproductions of such photographs or microphotographs shall be admitted in evidence equally with the original photographs or microphotographs.

(2)  After complying with the provisions of s. 257.37, the Department of Education is authorized, in its discretion, to destroy general correspondence which is over 3 years old; records of bills, accounts, vouchers and requisitions which are over 5 years old and copies of which have been filed with the Comptroller; and other records, papers and documents over 3 years old which do not serve as part of an agreement or understanding nor have value as permanent records.

History.--ss. 1-3, ch. 29745, 1955; s. 13, ch. 65-239; ss. 15, 35, ch. 69-106; s. 14, ch. 72-221; s. 58, ch. 91-45.

Note.--Former s. 229.201; s. 229.531.

229.79  Special services of the department; pooling of purchases by school boards.--The Department of Education shall render such special services as will be of benefit to the schools of the state. As one phase of these services it shall assist school boards in securing school buses, contractual needs, equipment, and supplies at as reasonable prices as possible by providing a plan under which school boards may voluntarily pool their bids for such purchases. The Department of Education shall prepare bid forms and specifications, obtain quotations of prices and make such information available to school boards in order to facilitate this service. School boards from time to time, as prescribed by the state board, shall furnish the Department of Education with information concerning the prices paid for such items and the Department of Education shall furnish to school boards periodic information concerning the lowest prices at which school buses, equipment, and school supplies are available based upon comparable specifications.

History.--s. 323, ch. 19355, 1939; CGL 1940 Supp. 892(63); s. 4, ch. 23726, 1947; s. 23, ch. 29764, 1955; s. 2, ch. 61-288; s. 13, ch. 65-239; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 15, ch. 72-221.

Note.--Former s. 229.23.

229.80  Apportionment of state school funds.--The department shall apportion all state school funds to the credit of the district school funds of the respective districts in accordance with the provisions of law and of rules and regulations of the state board.

History.--s. 317, ch. 19355, 1939; CGL 1940 Supp. 892(57); s. 13, ch. 65-239; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 16, ch. 72-221.

Note.--Former s. 229.17; s. 229.521(4).

229.8021  Direct-support organization; use of property; board of directors; audit.--

(1)  DEFINITIONS.--For the purposes of this section, the term:

(a)  "Department of Education direct-support organization" means an organization:

1.  Which is a corporation not for profit that is incorporated under the provisions of chapter 617 and approved by the Department of State;

2.  Which is organized and operated exclusively to receive, hold, invest, and administer property and to make expenditures to or for the benefit of public prekindergarten through 12th grade education in this state; and

3.  Which the State Board of Education, after review, has certified to be operating in a manner consistent with the goals and best interest of the Department of Education.

(b)  "Personal services" includes full-time or part-time personnel, as well as payroll processing.

(2)  USE OF PROPERTY.--The State Board of Education:

(a)  Is authorized to permit the use of property, facilities, and personal services of the Department of Education by the direct-support organization, subject to the provisions of this section.

(b)  Shall prescribe by rule conditions with which the direct-support organization must comply in order to use property, facilities, or personal services of the Department of Education. Such rules shall provide for budget and audit review and for oversight by the department.

(c)  Shall not permit the use of property, facilities, or personal services of the direct-support organization if such organization does not provide equal employment opportunities to all persons, regardless of race, color, national origin, sex, age, or religion.

(3)  BOARD OF DIRECTORS.--The board of directors of the Department of Education direct-support organization shall be appointed by the Commissioner of Education and shall include representation from business, industry, and other components of Florida's economy.

(4)  ANNUAL AUDIT.--The direct-support organization shall make provision for an annual postaudit of its financial accounts to be conducted by an independent, certified public accountant in accordance with rules to be promulgated by the State Board of Education. The annual audit report shall include a management letter and shall be submitted to the Auditor General and the State Board of Education for review. The State Board of Education and the Auditor General have the authority to require and receive from the organization or from its independent auditor any detail or supplemental data relative to the operation of the organization. The identity of donors and all information identifying donors and prospective donors is confidential and exempt from the provisions of s. 119.07(1), and that anonymity shall be maintained in the auditor's report. All other records and information shall be considered public records for the purposes of chapter 119.

History.--s. 1, ch. 84-172; s. 41, ch. 85-80; s. 24, ch. 87-329; s. 1, ch. 88-154; s. 57, ch. 90-360; s. 76, ch. 96-406.

229.8041  Educational computing.--

(1)  STATE POLICY.--It is the policy of the state to use computers and related technology to make instruction and learning more effective and efficient, to make educational programs more relevant to contemporary society, and to reduce the paperwork and data collection requirements placed on classroom teachers.

(2)  IMPLEMENTATION OF POLICY.--The department is authorized and encouraged to assist school districts, community colleges, and state universities to make appropriate use of computing. Department actions for this purpose may include, but need not be limited to:

(a)  Providing information and consultation on computing for education.

(b)  Establishing agreements with vendors of computing hardware and software which allow districts and institutions to purchase such commodities under favorable terms.

(c)  Surveying districts and institutions to determine how available resources for educational computing can be used most effectively.

(d)  Conducting evaluations of available equipment or programs to determine the effectiveness or cost-effectiveness of such equipment or programs.

History.--s. 6, ch. 80-378; s. 23, ch. 83-324.

229.805  Educational television.--

(1)  STATE POLICY.--It is hereby declared to be the public policy of the state to provide through educational television and radio the powers of teaching, raising living and educational standards of the citizens and residents of the state, and protecting and promoting public interest in educational television and radio in accordance with existing state and federal laws.

(2)  ESTABLISHMENT AND UTILIZATION OF NETWORK.--The Department of Education is authorized and empowered to establish a television network connecting such communities or such stations as it may designate. For this purpose, it may lease facilities in the name of the state from communications' common carriers and use such transmission channels as may be necessary; however, should the department decide, upon investigation, that it could more economically construct and maintain such transmission channels, it is authorized and empowered to design, construct, operate, and maintain the same, including a television microwave network. Said network shall be utilized primarily for the instruction of students at existing and future public and private educational institutions and of the general public, or so many thereof as may prove practical. The origination and transmission of all programs over such networks shall be as directed under policies approved by the state board. The department may cooperate with and assist all local and state educational agencies in making surveys pertaining to the use and economics of educational television in the fields of primary, elementary, secondary, or college level education and in the field of adult education, and may assist all public agencies in the planning of programs calculated to further the education of the citizens of the state.

(3)  POWERS OF DEPARTMENT OF EDUCATION.--

(a)  The Department of Education is authorized to encourage:

1.  The extension of educational television network facilities;

2.  The coordination of Florida's educational television with that of other states and with the Federal Government; and

3.  The further development of educational television within the state.

(b)  The department shall provide through educational television and other electronic media a means of extending educational services to all the state system of public education, except the State University System as defined in s. 240.2011, which provision by the department shall be limited by paragraph (c) and by s. 229.8051(1). The department shall recommend to the Commissioner of Education rules and regulations necessary to provide such services.

(c)  The department is authorized to provide equipment, funds, and other services to extend and update both the existing and the proposed educational television and radio systems of tax-supported and nonprofit, corporate-owned facilities. All stations funded must be qualified by the Corporation for Public Broadcasting. New stations eligible for funding shall provide a first service to an audience that is not currently receiving a broadcast signal or provide a significant new program service as defined by Commissioner of Education rules. Funds appropriated to the department for educational television and funds appropriated to the department for educational radio may be used by the department for either educational television or educational radio, or for both.

(4)  PROHIBITED USE, PENALTY.--

(a)  None of the facilities, plant, or personnel of any educational television system that is supported in whole or in part by state funds shall be used directly or indirectly for the promotion, advertisement, or advancement of any political candidate for any municipal, county, legislative, congressional, or state office. However, fair, open, and free discussion between political candidates for municipal, county, legislative, congressional, or state office may be permitted in order to help materially reduce the excessive cost of campaigns and to ensure that the citizens of this state shall be fully informed about such issues and candidates in such campaigns. The above provisions apply to the advocacy for, or opposition to, any specific program, existing or proposed, of governmental action which shall include, but shall not be limited to, constitutional amendments, tax referenda, and bond issues. The provisions of this paragraph shall be in accordance with reasonable rules and regulations prescribed by the Commissioner of Education or the Board of Regents, whichever has authority in the premises.

(b)  Violation of any prohibition contained in this section shall be a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(5)  DUTY OF DEPARTMENT OF EDUCATION.--The Department of Education is responsible for identifying the needs of the state system of public education as they relate to the development and production of materials used in instruction. When such identified needs are considered to be best satisfied by the production of new materials, the department may commission or contract for the production of such materials. The Commissioner of Education shall adopt and prescribe rules and regulations for the proper enforcement and carrying out of these provisions.

History.--ss. 1, 2, 3, 4, 5, 6, 8, ch. 67-569; ss. 15, 35, ch. 69-106; s. 1, ch. 70-191; s. 131, ch. 71-136; s. 1, ch. 71-291; s. 1, ch. 72-255; s. 4, ch. 78-323; s. 1, ch. 80-124; ss. 1, 3, ch. 81-5; s. 131, ch. 81-259; s. 30, ch. 91-55; s. 101, ch. 97-190.

Note.--Former s. 229.131; s. 229.521(29).

229.8051  Public broadcasting program system.--

(1)  There is created a public broadcasting program system for the state. The Department of Education shall administer this program system pursuant to policies adopted by the Commissioner of Education. This program system must complement and share resources with the instructional programming service of the Department of Education and educational UHF, VHF, ITFS, and FM stations in the state. The program system must include:

(a)  Support for existing Corporation for Public Broadcasting qualified program system educational radio and television stations and new stations meeting Corporation for Public Broadcasting qualifications and providing a first service to an audience that does not currently receive a broadcast signal or providing a significant new program service as defined by rule by the Commissioner of Education.

(b)  Maintenance of quality broadcast capability for educational stations that are part of the program system.

(c)  Interconnection of all educational stations that are part of the program system for simultaneous broadcast and of such stations with all universities and other institutions as necessary for sharing of resources and delivery of programming.

(d)  Establishment and maintenance of a capability for statewide program distribution with facilities and staff, provided such facilities and staff complement and strengthen existing or future educational television and radio stations in accordance with paragraph (a) and s. 229.805(3)(c).

(e)  Provision of both statewide programming funds and station programming support for educational television and educational radio to meet statewide priorities. Priorities for station programming need not be the same as priorities for programming to be used statewide. Station programming may include, but shall not be limited to, citizens' participation programs, music and fine arts programs, coverage of public hearings and governmental meetings, equal air time for political candidates, and other public interest programming.

(2)  The Department of Education is assigned responsibility for implementing the provisions of this section pursuant to ¹part III of chapter 287 and is authorized to employ personnel, acquire equipment and facilities, and perform all duties necessary for carrying out the purposes and objectives of this section.

(3)  The Commissioner of Education shall adopt rules for the proper enforcement and carrying out of these provisions.

History.--ss. 1, 2, ch. 73-293; ss. 10, 11, ch. 73-338; s. 2, ch. 80-124; s. 2, ch. 81-5; s. 31, ch. 91-55; s. 102, ch. 97-190.

¹Note.--The sections that made up part III of chapter 287 were transferred to chapter 282 in 1983.

229.8052  State satellite network.--

(1)  There is created a state satellite network, which shall provide one-way video and audio transmissions with regional access for all Floridians, state agencies, county and municipal governments, business and industry, and other public and private entities to participate in classroom instruction, continuing education, special events programs, and one-way video teleconferencing.

(2)  The network shall consist of compatible satellite receiving equipment at public educational institutions in each of the 28 community college regions.

(3)  The Department of Education, in consultation with the Department of Management Services, shall implement the provisions of this section and coordinate the network. Specifically, the department shall:

(a)  Provide for technical analysis of suitable existing satellite receiving equipment at Florida public postsecondary institutions for inclusion in the network.

(b)  Acquire by competitive sealed bid and place appropriate receiving equipment in those community college regions of the state in which such equipment is presently not available at a public postsecondary institution.

(c)  Develop an implementation plan which provides for designation of a site in each community college region for inclusion in the initial network. Criteria for selection shall include:

1.  Accessibility to a substantial portion of the population of the region.

2.  Demonstrated institutional commitment to support and encourage use of the network both within the region and statewide.

3.  Willingness to complement state support with matching institutional resources.

4.  Evidence of cooperation and coordinated planning with other postsecondary institutions in the region.

5.  Availability of existing telecommunications equipment which is compatible or adaptable for use in the network.

(d)  Identify additional sites for inclusion in the network in the event that demand exceeds the capacity of the initial network.

(e)  Coordinate scheduling and encourage use of the network.

(f)  Develop operating procedures for the system and recommend fee schedules for both public and private entities wishing to transmit or receive programming through the network. Scheduling procedures shall assign the highest priority to educational programming.

(g)  Provide training for institutional, state agency, and other personnel in effective techniques for the use of the network.

(h)  Provide initial startup support for operations, maintenance, and publicity costs of the network. Continuation costs in these areas shall be recovered through user fees and local resources.

(4)  All audio components of this system that are not transmitted simultaneously with video to a domestic satellite shall be transmitted through common carriers regulated pursuant to chapter 364.

(5)  The State Board of Education may adopt any rules necessary for the implementation of this section.

(6)  This section shall be implemented only to the extent specifically authorized and funded by law.

History.--s. 2, ch. 85-196; s. 20, ch. 86-225; s. 4, ch. 90-268; s. 167, ch. 92-279; s. 55, ch. 92-326.

229.8055  Environmental education.--

(1)  This section may be cited as the "Florida Environmental Education Act."

(2)  The Legislature recognizes that this state is the fourth most populous state in the nation and will continue to be a growth state into the 21st century and that the quality of life for future Floridians cannot be maintained or improved unless the state is able to sustain such growth. The Legislature further recognizes that the education of the people in this state is critical to maintaining the delicate relationships among all forms of life and their environments. It is the intent of the Legislature that the public schools, community colleges, and state universities serve as a primary delivery system to create a continuing awareness of the essential mission to preserve the earth's capability to sustain life in the most healthful, enjoyable, and productive environment possible. It is the further intent that the public schools, community colleges, and state universities integrate environmental education throughout the educational system so that the desired awareness is thorough, continuous, and meaningful.

(3)  To achieve this intent, the Commissioner of Education shall foster the development and dissemination of educational activities and materials which will assist Florida public school students, teachers, and administrators in the perception, appreciation, and understanding of ecological principles and environmental problems; in the identification and evaluation of alternative solutions to these problems; and in the assessment of their benefits and risks.

(4)  There is hereby created an environmental education program. Responsibility for the administration of the environmental education program shall rest with the Commissioner of Education, the school districts, the Board of Regents, and the State Board of Community Colleges. In developing the environmental education program, the commissioner shall have the power of:

(a)  Coordinating the efforts of the various disciplines within the educational system and coordinating the activities of the various divisions of the Department of Education.

(b)  Assembling, developing, and distributing model instructional materials for use in environmental education, with special concern being given to the ecological system of this state and the ways human beings depend upon and interact with the system.

(c)  Developing model programs for inservice and preservice teacher training in environmental education.

(d)  Coordinating and soliciting the efforts of private organizations and other governmental agencies that are concerned with conserving Florida's environment.

(e)  Integrating environmental education into the general curriculum of public school districts, community colleges, and universities.

(5)  The Department of Education shall:

(a)  Assign appropriate staff to work directly with general curriculum development activities through district and school administrators responsible for general curriculum in order to explicitly integrate appropriate environmental topics into the regular curriculum, where appropriate.

(b)  Provide consultation to districts concerning the inclusion of instructional components addressing environmental education in district master inservice plans and teacher education programs.

(c)  Include environmental education in the summer camp programs for students authorized by s. 228.087 and the General Appropriations Act, as a part of the science or computer component.

(d)  Include components which address the teaching of environmental education in summer inservice institutes for teachers, develop model components for district inservice training and staff development programs in environmental education, and assist districts to provide such training.

(e)  Collect, analyze, evaluate, and disseminate to school districts information about environmental curriculum materials, validated projects, and other successful programs, including programs for adults.

(f)  Include adequate assessment items related to environmental topics addressed by required curriculum frameworks and student performance standards so as to be able to assess the extent to which students have developed an understanding of the importance of a healthy environment to the future of this state and its citizens.

(g)  Use current technology, such as the Florida Information Resource Network, to produce and maintain abstracts of environmental education programs and materials available for use by teachers across the state, including their source and availability.

(h)  Develop an annual status report on environmental education activities and deliver it to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Advisory Council on Environmental Education at least 90 days prior to the convening of the regular session of the Legislature.

(i)  Assist the Advisory Council on Environmental Education in selecting five regional service projects to serve the public education system. With the cooperation of the Advisory Council on Environmental Education, the Department of Education shall administer the regional service projects, which must provide:

1.  Information about environmental education resources, materials, teacher training, and grant funding opportunities by means of newsletters and other forms of communications to teachers, school districts, and postsecondary institutions.

2.  Technical assistance in planning, offering, and evaluating teacher inservice and preservice education.

3.  Technical assistance in developing comprehensive plans and master plans for district environmental education programs.

4.  Assistance in coordinating with governmental agencies, local businesses, and community organizations to promote environmental education in the public education system.

History.--ss. 1, 2, 3, ch. 70-241; s. 1, ch. 70-439; s. 1, ch. 73-338; s. 4, ch. 75-302; s. 1, ch. 77-174; s. 10, ch. 77-320; s. 4, ch. 78-323; s. 7, ch. 79-261; s. 1, ch. 81-182; s. 2, ch. 86-172; s. 30, ch. 89-175; s. 1, ch. 90-243; s. 1, ch. 91-161; s. 1, ch. 92-128; s. 52, ch. 97-190.

229.8056  Office of Environmental Education.--

(1)  There is created, within the Department of Education, the Office of Environmental Education, charged with developing a formal environmental education program to meet the objectives of s. 229.8055(5).

(2)  There is created within the Office of Environmental Education the position of Director of Environmental Education, which position shall report to the Commissioner of Education or the commissioner's designee and shall be included in the Selected Exempt Service. Duties of the Director of Environmental Education shall specifically include, but not be limited to, maintaining an information resource system on environmental education. This system shall include a current documentation, referral, and dissemination program for environmental education materials and information to educators in the state.

History.--s. 31, ch. 89-175; s. 2, ch. 90-243; s. 2, ch. 91-161; s. 2, ch. 92-128; s. 1220, ch. 95-147.

¹229.8058  Advisory Council on Environmental Education; establishment; responsibilities.--

(1)  There is created within the Legislature the Advisory Council on Environmental Education. The council shall have 14 voting members, including:

(a)  Two members of the Senate, appointed by the President of the Senate.

(b)  Two members of the House of Representatives, appointed by the Speaker of the House of Representatives.

(c)  Five members appointed by the Governor.

(d)  A representative of the Department of Education.

(e)  A representative of the Department of Environmental Protection.

(f)  A representative of the Game and Fresh Water Fish Commission.

(g)  A representative of the Executive Office of the Governor.

(h)  The chair of the Environmental Education Foundation.

(2)  Each member who is a public official shall perform the duties of a member of the council as additional duties required of that member in his or her other official capacity.

(3)  Legislative members shall be appointed to terms that correspond to their terms of office. All other members shall be appointed to staggered 4-year terms. All members may be reappointed.

(4)  The council shall elect a chairperson from among its legislator members and a vice chairperson and other officers as it finds necessary. The chairperson and vice chairperson shall serve for 1 year and may be reelected.

(5)  If a legislator who is a member of the council, or a legislator who appointed a member, ceases to be a member or officer of the unit he or she was selected to represent, the legislator or the member he or she appointed shall resign from the council immediately and a vacancy shall exist in the membership. A vacancy shall be filled in the manner of the regular appointment, and the person so appointed shall serve only to the end of the unexpired term or until a successor is appointed and qualified, whichever is later, or as otherwise provided in this subsection.

(6)  A member of the council shall not be compensated for his or her services but shall be entitled to per diem and travel expenses as provided in s. 112.061.

(7)  The council shall hold meetings at least semiannually at the call of the chairperson.

(8)(a)  The council shall employ and set the compensation of an executive director, who shall serve at its pleasure. Within available funds, the executive director may employ and set the compensation of professional, technical, legal, or clerical staff as needed. With the consent of the council, the executive director may employ consultants and enter into contracts on behalf of the council.

(b)  The staff of the council shall be governed by the same rules as are the personnel of the Legislature and shall receive the same rights and benefits, including membership in the Florida Retirement System. The council shall make employer contributions for this purpose.

(c)  The Joint Legislative Management Committee shall assist the council in obtaining office space and equipment for council staff.

(9)  The council shall:

(a)  Advise the Governor and Cabinet and the Legislature on policies and practices needed to provide environmental education to visitors and residents who have little contact with the public education system of this state.

(b)  Serve as a forum for the discussion and study of problems that affect the environment and environmental education.

(c)  Recommend a priority list for the types of programs to be funded.

(d)  Recommend, with the assistance of the Office of Environmental Education of the Department of Education, five regional service projects to be funded for the purpose of serving the public education system in each of the five regions of the Department of Education. The council shall advise the Office of Environmental Education in administering the regional service projects, in accordance with the objectives of s. 229.8055(5)(f).

(e)  Not less than 90 days prior to the convening of each regular session of the Legislature, prepare an annual report of its findings and recommendations and transmit it to the Governor, each officer of the Cabinet, the President of the Senate, and the Speaker of the House of Representatives. The annual report must state the reasons and supporting data for each recommendation and may include draft legislation or rules as needed to implement such recommendations. In addition to the regular annual report, the council may issue interim or special reports on specific subjects as appropriate.

(10)  The council may:

(a)  To the extent not otherwise provided by law, evaluate the environmental education programs for visitors and residents who do not regularly receive services from the public education system of Florida provided by state, local, and private agencies and organizations and, as appropriate, prepare studies and recommendations to improve the effect of those programs on public support for environmental protection;

(b)  Examine proposed and existing programs that affect the environment and recommend statewide policies that will direct a unified, coordinated effort to educate the public about the programs; and

(c)  Encourage and, when appropriate, coordinate studies relating to the environment and environmental education conducted by universities, state, local, and federal agencies.

History.--s. 1, ch. 86-172; ss. 32, 38, 39, ch. 89-175; s. 11, ch. 90-192; ss. 3, 9, ch. 91-161; s. 5, ch. 91-429; ss. 3, 7, 8, ch. 92-128; s. 6, ch. 94-356; s. 1524, ch. 95-147; s. 12, ch. 96-321.

¹Note.--Repealed by s. 8, ch. 92-128.

229.8065  Expenditures for Knott Data Center and Projects, Contracts, and Grants Programs; limitation on state appropriations.--

(1)  The Knott Data Center and Projects, Contracts, and Grants Programs under the management of the Department of Education are exempt from the requirements of s. 216.023. The Department of Education, in consultation with the legislative appropriations committees, shall approve an estimated level of expenditures, salary rates, and positions for the Knott Data Center and for Projects, Contracts, and Grants Programs. If such expenditures exceed the prior year level by more than 10 percent, the full membership of the legislative appropriations committees shall be notified of the increase.

(2)  No new state appropriations shall be obligated as a source of matching funds for potential federal or private contracts or grants. Upon termination of any federal or private contracts or grants, the state shall not be obligated to provide continued funding for personnel or project costs related to such contracts or grants.

History.--s. 3, ch. 95-395.

229.807  Conferences of public school personnel.--As a means of stimulating the professional improvement of personnel in service, the Department of Education may call conferences of personnel of the public schools on matters relating solely to education, which conferences, if held on a school day within the period of time covered by a contract, shall be attended with pay by all who may be designated in the call of the Department of Education; provided, that the call of the Department of Education may indicate that attendance is optional, and that in any case of those absent from their usual duties during the time of the conference, only those actually in attendance at the conference shall be entitled to pay for time covered by the conference.

History.--s. 513, ch. 19355, 1939; CGL 1940 Supp. 892(57), (117); ss. 13, 54, ch. 65-239; ss. 15, 35, ch. 69-106.

Note.--Former s. 231.13; s. 229.521(26).

229.8075  Florida Education and Training Placement Information Program.--

(1)  The Department of Education shall develop and maintain a continuing program of information management named the "Florida Education and Training Placement Information Program," the purpose of which is to compile, maintain, and disseminate information concerning the educational histories, placement and employment, enlistments in the United States armed services, and other measures of success of former participants in state educational and workforce development programs. Placement and employment information shall contain data appropriate to calculate job retention and job retention rates.

(2)  Any project conducted by the Department of Education or the workforce development system that requires placement information shall use information provided through the Florida Education and Training Placement Information Program, and shall not initiate automated matching of records in duplication of methods already in place in the Florida Education and Training Placement Information Program. The department shall implement an automated system which matches the social security numbers of former participants in state educational and training programs with information in the files of state and federal agencies that maintain educational, employment, and United States armed service records and shall implement procedures to identify the occupations of those former participants whose social security numbers are found in employment records, as required by Specific Appropriation 337A, chapter 84-220, Laws of Florida; Specific Appropriation 337B, chapter 85-119, Laws of Florida; Specific Appropriation 350A, chapter 86-167, Laws of Florida; and Specific Appropriation 351, chapter 87-98, Laws of Florida.

(3)  The Florida Education and Training Placement Information Program must not make public any information that could identify an individual or the individual's employer. The Department of Education must assure that the purpose of obtaining placement information is to evaluate and improve public programs or to conduct research for the purpose of improving services to the individuals whose social security numbers are used to identify their placement. If an agreement assures that this purpose will be served and that privacy will be protected, the Department of Education shall have access to the unemployment insurance wage reports maintained by the Department of Labor and Employment Security, the files of the ¹Department of Health and Rehabilitative Services that contain information about the distribution of public assistance, the files of the Department of Corrections that contain records of incarcerations, and the files of the Department of Business and Professional Regulation that contain the results of licensure examination.

(4)  The Florida Education and Training Placement Information Program may perform longitudinal analyses for all levels of education and workforce development. These analyses must include employment stability, annual earnings, and relatedness of employment to education.

History.--s. 17, ch. 89-189; s. 54, ch. 89-381; s. 1, ch. 92-136; s. 25, ch. 94-218; s. 1526, ch. 95-147; s. 7, ch. 95-392; s. 1, ch. 96-314; s. 5, ch. 96-404; s. 39, ch. 97-307; s. 5, ch. 98-58.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

229.808  Annual nonpublic school survey.--

(1)  The Department of Education shall organize, maintain, and annually update a database of educational institutions within the state coming within the provisions of this section. There shall be included in the database of each institution the name, address, and telephone number of the institution; the type of institution; the names of administrative officers; the enrollment by grade or special group (e.g. ¹career education and exceptional child education); the number of graduates; the number of instructional and administrative personnel; the number of days the school is in session; and such data as may be needed to meet the provisions of ss. 228.092 and 232.021.

(2)  For the purpose of organizing, maintaining, and updating this database, each nonpublic school shall annually execute and file a database survey form on a date designated by the Department of Education which shall include a notarized statement ascertaining that the owner of the nonpublic school has complied with the provisions of subsection (3). For the purpose of this section, "owner" means any individual who is the chief administrative officer of a nonpublic school. For the purpose of this section, a "nonpublic school" is defined as an individual, association, copartnership, or corporation, or department, division, or section of such organization, which designates itself as an educational center which includes kindergarten or a higher grade or as an elementary, secondary, business, technical, or trade school below college level or any organization which provides instructional services which meet the intent of s. 232.02 or which gives preemployment or supplementary training in technology or in fields of trade or industry or which offers academic, literary, or vocational training below college level, or any combination of the above, including an institution which performs the functions of the above schools through correspondence or extension, except those licensed under the provisions of chapter 246. This definition shall not include home education programs conducted in accordance with s. 232.0201.

(3)(a)  Notwithstanding the provisions of subsection (8), each person who is an owner of a nonpublic school on July 1, 1990, and each person who establishes, purchases, or otherwise becomes an owner of a nonpublic school after such date shall, within 5 days of July 1, 1990, or 5 days of assuming ownership of a school, file with the Department of Law Enforcement a complete set of fingerprints for state processing and checking for criminal background. The fingerprints shall be taken by an authorized law enforcement officer or an employee of the school who is trained to take fingerprints. The costs of fingerprinting, criminal records checking, and processing shall be borne by the applicant or nonpublic school. The result of the criminal records checking by the Department of Law Enforcement shall be forwarded to the owner of the nonpublic school and shall be made available for public inspection in the nonpublic school office as soon as it is received.

(b)  It shall be unlawful for a person who has been convicted of a crime involving moral turpitude to own or operate a nonpublic school.

(c)  An owner of a nonpublic school may require school employees to file a complete set of fingerprints with the Department of Law Enforcement for processing and criminal records checking. Findings from such processing and checking shall be reported to the owner for use in employment decisions.

(d)  Owners or employees of nonpublic schools who have been fingerprinted pursuant to this subsection, s. 231.02, ²s. 402.3025, or s. 402.3055 shall not be required to be refingerprinted if they have not been unemployed or unassociated with a nonpublic school or child care facility for more than 90 days.

(e)  Persons holding a valid Florida teaching certificate who have been fingerprinted pursuant to ³s. 231.1712 or s. 231.47 shall not be required to comply with the provisions of this subsection.

(4)  The data inquiries to be included and answered in the survey required in subsection (2) shall be limited to matters set forth in subsection (1). The department shall furnish annually to each nonpublic school sufficient copies of this form.

(5)  To ensure completeness and accuracy of the database, each existing nonpublic educational institution falling within the provisions of this section shall notify the Department of Education of any change in the name of the institution, the address, or the chief administrative officer. Each new institution shall notify the department of its establishment.

(6)  Annually, the department shall make accessible to the public data on nonpublic education in this state. Such data shall include that collected pursuant to subsection (1) and from other sources.

(7)  The failure of any institution to submit the annual database survey form and notarized statement of compliance with the provisions of subsection (3), as required by this section, shall be judged a misdemeanor and, upon conviction, proper authorities of such institution shall be subject to a fine not exceeding $500. Submission of data for a nonexistent school or an institution providing no instruction or training, the purpose of which is to defraud the public, is unlawful, and, upon conviction, the person or persons responsible therefor shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Persons found to be in violation of paragraph (3)(b) shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(8)  It is the intent of the Legislature not to regulate, control, approve, or accredit nonpublic educational institutions, but to create a database where current information may be obtained relative to the educational institutions in this state coming within the provisions of this section as a service to the public, to governmental agencies, and to other interested parties. It is not the intent of the Legislature to regulate, control, or monitor, expressly or implicitly, churches, their ministries, or religious instruction, freedoms, or rites. It is the intent of the Legislature that the annual submission of the database survey by a school shall not be used by that school to imply approval or accreditation by the Department of Education.

History.--ss. 1-4, ch. 63-549; s. 13, ch. 65-239; ss. 15, 35, ch. 69-106; s. 18, ch. 72-221; s. 49, ch. 79-164; s. 1, ch. 79-177; s. 1, ch. 90-100; s. 13, ch. 91-105; s. 2, ch. 98-272.

¹Note.--The term "career education" was substituted for the term "vocational education" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

²Note.--Section 402.3025 contains no reference to fingerprinting.

³Note.--Repealed by s. 14, ch. 96-369.

Note.--Former s. 229.091; s. 229.101.

229.814  High school equivalency diploma program.--

(1)  The State Board of Education shall adopt rules which prescribe performance standards and provide for comprehensive examinations to be administered to candidates for high school equivalency diplomas. Such rules shall include, but not be limited to, provisions for fees, frequency of examinations, and procedures for retaking an examination upon unsatisfactory performance.

(2)  The Department of Education is authorized to award high school equivalency diplomas to candidates who meet the performance standards prescribed by the state board.

(3)  Each district school board shall offer and administer the high school equivalency diploma examinations and the subject area examinations to all candidates pursuant to rules of the state board.

(4)  A candidate for a high school equivalency diploma shall be at least 18 years of age on the date of the examination, except that in extraordinary circumstances, as provided for in rules of the school board of the district in which the candidate resides or attends school, a candidate may take the examination after reaching the age of 16.

(5)  Each district school board shall develop, in cooperation with the area community college district board of trustees, a plan for the provision of advanced instruction for those students who attain satisfactory performance on the high school equivalency examination or the subject area examinations or who demonstrate through other means a readiness to engage in postsecondary-level academic work. The plan shall include provisions for the equitable distribution of generated funds to cover personnel, maintenance, and other costs of offering the advanced instruction. Priority shall be given to programs of advanced instruction offered in high school facilities.

(6)  All high school equivalency diplomas issued under the provisions of this section shall have equal status with other high school diplomas for all state purposes, including admission to any institution in the State University System or to any public community college.

History.--s. 1, ch. 75-130; s. 9, ch. 76-223; s. 7, ch. 78-416; s. 132, ch. 81-259; s. 5, ch. 83-324; s. 37, ch. 87-329; s. 10, ch. 88-557; s. 73, ch. 91-105.

229.832  Creation of a system of diagnostic and learning resource centers.--The Department of Education is directed to establish regional diagnostic and learning resource centers for exceptional students, to assist in the provision of medical, physiological, psychological, and educational testing and other services designed to evaluate and diagnose exceptionalities, to make referrals for necessary instruction and service, and to facilitate the provision of instruction and services to exceptional students.

(1)  ESTABLISHMENT AND OPERATION.--The Department of Education shall cooperate with the ¹Department of Health and Rehabilitative Services in establishing regional centers and identifying service areas. All centers shall be operated by the Department of Education, either directly or through grants.

(2)  DUTIES AND RESPONSIBILITIES.--Within its identified service area, each regional center shall:

(a)  Provide assistance to parents, teachers, and other school personnel and community organizations in locating and identifying exceptional children and in planning educational programs for such children.

(b)  Assist in the provision of services for exceptional children, using to the maximum, but not supplanting, the existing facilities and services of each district.

(c)  Provide orientation meetings at least annually for teachers, principals, supervisors, and community agencies to familiarize them with center facilities and services for exceptional children.

(d)  Plan, coordinate, and assist in the implementation of inservice training programs, consistent with each district's program of staff development, for the development and updating of attitudes, skills, and instructional practices and procedures necessary to the education of exceptional children.

(e)  Assist districts in the identification, selection, acquisition, use, and evaluation of media and materials appropriate to the implementation of instructional programs based on individual educational plans for exceptional children.

(f)  Provide for the dissemination and diffusion of significant information and promising practices derived from educational research, demonstration, and other projects.

(g)  Assist in the delivery, modification, and integration of instructional technology, including microcomputer applications and adaptive and assistive devices, appropriate to the unique needs of exceptional students.

History.--s. 30, ch. 74-227; s. 1, ch. 75-69; s. 3, ch. 78-416; s. 1, ch. 87-339.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

229.8331  Procurement of health services.--Nothing contained in chapter 287 shall be construed as requiring competitive bids for health services involving examination, diagnosis, or treatment.

History.--s. 8, ch. 80-374.

229.8333  School-Related Employee of the Year Program; duties of Department of Education.--The Department of Education shall, by rule, provide for a School-Related Employee of the Year Program. In addition to any other provision, the department shall include in such rules that:

(1)  The program shall apply to school-related employees.

(2)  The program shall be modeled after the Teacher of the Year Program.

(3)  One school-related employee of the year shall be nominated by each district school board in the state.

(4)  A selection process shall be instituted to select the school-related employee of the year so that the top five finalists receive awards under the program.

History.--s. 1, ch. 89-159; s. 48, ch. 95-280.

229.834  Services to other than public school students.--Diagnostic and resource centers are authorized to provide testing and evaluation services to nonpublic school pupils or other children who are not enrolled in public schools.

History.--s. 32, ch. 74-227; s. 2, ch. 82-138.

229.8341  Services for infants and preschool children.--

(1)  Diagnostic and learning resource centers are authorized to assist districts in providing testing and evaluation services for high-risk or handicapped infants and preschool children.

(2)  Such centers are authorized to assist districts in providing interdisciplinary training and resources to parents of high-risk or handicapped infants and preschool children and to day care and preschool programs.

History.--s. 2, ch. 87-339.

229.8343  Persons delinquent in child support; activities; model rule.--The Department of Education shall develop a model rule that will allow an entity adopting it to deny participation in sports or other extracurricular activities to any person who has been determined by a court to be delinquent in paying a child support obligation. The model rule may be adopted by any district school board for all schools under its jurisdiction, any community college district board of trustees, or any institution in the State University System.

History.--s. 8, ch. 95-222.

229.8345  Habitual truants; identification.--The Department of Education shall analyze the current methods of collecting data on student attendance and shall develop improved methods of identifying children who are habitually truant. The department shall provide technical assistance to school districts in order to allow each district to accurately identify students whose chronic absence from school may not otherwise be readily apparent to school personnel.

History.--s. 18, ch. 97-281.