The Florida Senate

232.01  School attendance.

232.02  Regular school attendance.

232.0201  Home education programs.

232.0202  Private tutoring programs.

232.0205  Student disclosures required at school registration.

232.021  Attendance records and reports required.

232.022  Attendance defined.

232.0225  Absence for religious instruction or holidays.

232.03  Evidence of date of birth required.

232.0315  School-entry health examinations.

232.032  Immunization against communicable diseases; school attendance requirements; exemptions.

232.06  Certificates of exemptions authorized in certain cases.

232.09  Parents and legal guardians responsible for attendance of children; attendance policy.

232.16  Superintendent responsible for enforcement.

232.17  Enforcement of school attendance.

232.19  Court procedure and penalties.

232.195  Continuation of truancy remedial activities upon transfer of student; retention of legal jurisdiction.

232.197  Notice to schools of court action.

232.23  Procedures for maintenance and transfer of pupil records.

232.245  Pupil progression; remedial instruction; reporting requirements.

232.2451  Readiness for postsecondary education and the workplace.

232.24521  Report cards; end-of-the-year status.

232.2454  District student performance standards, instruments, and assessment procedures.

232.246  General requirements for high school graduation.

232.2462  Definition of "credit".

232.2463  High school grading system.

232.2466  College-ready diploma program.

232.247  Special high school graduation requirements for certain exceptional students.

232.248  Confidentiality of assessment instruments.

232.2481  Graduation and promotion requirements for publicly operated schools.

232.25  Pupils subject to control of school.

232.256  Search of student locker or storage area; authority.

232.26  Authority of principal.

232.27  Authority of teacher; responsibility for control of students; school district duties.

232.271  Removal by teacher.

232.272  Placement review committee.

232.273  Standards for use of reasonable force.

232.275  Liability of teacher or principal.

232.277  Reports of suspected substance or alcohol abuse; exemption from liability.

232.28  Authority of school bus drivers; school district duties.

232.36  Sanitation of schools.

232.39  Secret societies prohibited in public schools.

232.40  Pupils prohibited from belonging to secret societies.

232.41  School boards may prescribe regulations.

232.425  Student standards for participation in interscholastic extracurricular student activities; regulation.

232.426  Sponsorship of athletic activities similar to those for which scholarships offered; rulemaking.

232.43  Insuring school students engaged in athletic activities against injury.

232.433  Safety standards for cheerleaders.

232.435  Extracurricular athletic activities; athletic trainers.

232.44  Audit of records of nonprofit corporations and associations handling interscholastic activities.

232.45  Eye-protective devices required in certain chemical laboratory courses.

232.46  Administration of medication by school district personnel.

232.465  Provision of medical services; restrictions.

232.47  Asthmatic students; possession of inhalers.

232.50  Child abuse, abandonment, and neglect policy.

232.60  Athletics; governing nonprofit organization.

232.61  Governing organization for athletics; adoption of bylaws.

232.62  Governing organization for athletics; structure.

232.63  Governing organization for athletics; board of directors.

232.64  Governing organization for athletics; representative assembly.

232.65  Governing organization for athletics; public liaison advisory committee.

232.66  Governing organization for athletics; appeals.

232.67  Governing organization for athletics; amendment of bylaws.

232.68  Governing organization for athletics; rules adoption.

232.01  School attendance.--

(1)(a)1.  All children who have attained the age of 6 years or who will have attained the age of 6 years by February 1 of any school year or who are older than 6 years of age but who have not attained the age of 16 years, except as hereinafter provided, are required to attend school regularly during the entire school term.

2.  Children who will have attained the age of 5 years on or before September 1 of the school year are eligible for admission to public kindergartens during that school year under rules prescribed by the school board.

3.  Children who will have attained the age of 3 years on or before September 1 of the school year are eligible for admission to prekindergarten early intervention programs during that school year as provided in s. 230.2305 or a preschool program as provided in s. 228.061.

(b)  Any child who has attained the age of 6 years on or before September 1 of the school year and who has been enrolled in a public school or who has attained the age of 6 years on or before September 1 and has satisfactorily completed the requirements for kindergarten in a nonpublic school from which the district school board accepts transfer of academic credit, or who otherwise meets the criteria for admission or transfer in a manner similar to that applicable to other grades, shall progress according to the district's pupil progression plan. However, nothing in this section shall authorize the state or any school district to oversee or exercise control over the curricula or academic programs of nonpublic schools or home education programs.

(c)  A child who attains the age of 16 years during the school year is not subject to compulsory school attendance beyond the date upon which he or she attains that age if the child files a formal declaration of intent to terminate school enrollment with the district school board. The declaration must acknowledge that terminating school enrollment is likely to reduce the student's earning potential and must be signed by the child and the child's parent or legal guardian. The school district must notify the child's parent or legal guardian of receipt of the child's declaration of intent to terminate school enrollment. A child who attains the age of 18 years during the school year is not subject to compulsory school attendance beyond the date upon which he or she attains that age.

(d)  Students who become or have become married and students who are pregnant shall not be prohibited from attending school. These students and students who are parents shall receive the same educational instruction or its equivalent as other students, but may voluntarily be assigned to a class or program suited to their special needs. Consistent with s. 230.23166, pregnant or parenting teens shall be entitled to participate in a teenage parent program. Pregnant students may attend alternative education programs or adult education programs, provided that the curriculum allows the student to continue to work toward a high school diploma.

(e)  Beginning with the 1991-1992 school year and consistent with rules adopted by the commissioner, children with disabilities who have attained the age of 3 years shall be eligible for admission to public special education programs and for related services under rules adopted by the school board. Exceptional children who are deaf or hard of hearing, visually impaired, dual sensory impaired, severely physically handicapped, trainable mentally handicapped, or profoundly handicapped, or who have established conditions, or exhibit developmental delays, below age 3 may be eligible for special programs; or, if enrolled in other prekindergarten or day care programs, they may be eligible for supplemental instruction. Rules for the identification of established conditions for children birth through 2 years of age and developmental delays for children birth through 5 years of age must be adopted by the Commissioner of Education.

(f)  Homeless children, as defined in s. 228.041, must have access to a free public education and must be admitted to school in the school district in which they or their families live. School districts shall assist homeless children to meet the requirements of ss. 232.03, 232.0315, and 232.032, as well as local requirements for documentation.

(2)  The Commissioner of Education may adopt rules under which pupils not meeting the entrance age may be transferred from another state if their parents or guardians have been legal residents of that state.

History.--s. 601, ch. 19355, 1939; CGL 1940 Supp. 892(172); s. 24, ch. 23726, 1947; s. 1, ch. 59-419; ss. 1, 2, ch. 59-412; s. 7, ch. 61-288; s. 69, ch. 65-239; s. 1, ch. 67-3; s. 8, ch. 67-387; s. 8, ch. 68-24; s. 1, ch. 69-300; ss. 1, 2, ch. 71-21; s. 3, ch. 71-193; s. 1, ch. 73-261; s. 1, ch. 73-265; s. 27, ch. 73-345; s. 3, ch. 74-238; ss. 8, 12, ch. 79-288; s. 1, ch. 80-21; s. 2, ch. 81-150; s. 4, ch. 82-138; s. 9, ch. 85-109; s. 4, ch. 89-101; s. 2, ch. 89-304; s. 17, ch. 89-379; s. 4, ch. 90-288; s. 29, ch. 91-105; s. 5, ch. 91-266; s. 5, ch. 93-198; s. 130, ch. 94-209; s. 60, ch. 94-232; s. 5, ch. 94-303; s. 1539, ch. 95-147; ss. 17, 115, ch. 97-190; s. 3, ch. 97-234; s. 3, ch. 98-272.

232.02  Regular school attendance.--Regular attendance is the actual attendance of a pupil during the school day as defined by law and regulations of the state board. Regular attendance within the intent of s. 232.01 may be achieved by attendance in:

(1)  A public school supported by public funds;

(2)  A parochial, religious, or denominational school;

(3)  A private school supported in whole or in part by tuition charges or by endowments or gifts;

(4)  A home education program that meets the requirements of s. 232.0201; or

(5)  A private tutoring program that meets the requirements of s. 232.0202.

History.--s. 602, ch. 19355, 1939; CGL 1940 Supp. 892(173); s. 9, ch. 59-371; s. 92, ch. 72-221; ss. 2, 3, ch. 85-144; s. 1, ch. 87-64; s. 16, ch. 87-252; s. 11, ch. 89-70; s. 26, ch. 90-306; s. 19, ch. 91-57; s. 1258, ch. 95-147; s. 52, ch. 95-228; s. 20, ch. 97-198; s. 212, ch. 97-264; s. 4, ch. 98-272.

232.0201  Home education programs.--

(1)  Regular attendance as defined in s. 232.02 may be achieved by attendance in a home education program as defined in s. 228.041. The parent or guardian is not required to hold a valid regular Florida certificate to teach.

(a)  The parent or guardian shall notify the superintendent of schools of the county in which the parent or guardian resides of her or his intent to establish and maintain a home education program. The notice shall be in writing, signed by the parent or guardian, and shall include the names, addresses, and birthdates of all children who shall be enrolled as students in the home education program. The notice shall be filed in the superintendent's office within 30 days of the establishment of the home education program. A written notice of termination of the home education program shall be filed in the superintendent's office within 30 days of said termination.

(b)  The parent or guardian shall maintain a portfolio of records and materials. The portfolio shall consist of the following:

1.  A log of educational activities which is made contemporaneously with the instruction and which designates by title any reading materials used.

2.  Samples of any writings, worksheets, workbooks, or creative materials used or developed by the student.

The portfolio shall be preserved by the parent or guardian for 2 years and shall be made available for inspection by the superintendent, or the superintendent's agent, upon 15 days' written notice. Nothing in this section shall require the superintendent to inspect the portfolio.

(c)  The parent or guardian shall provide for an annual educational evaluation in which is documented the pupil's demonstration of educational progress at a level commensurate with her or his ability. The parent or guardian shall select the method of evaluation and shall file a copy of the evaluation annually with the superintendent's office in the county in which the pupil resides. The annual educational evaluation shall consist of one of the following:

1.  A teacher selected by the parent or guardian shall evaluate the pupil's educational progress upon review of the portfolio and discussion with the pupil. Such teacher shall hold a valid regular Florida certificate to teach academic subjects at the elementary or secondary level;

2.  The pupil shall take any nationally normed student achievement test administered by a certified teacher;

3.  The pupil shall take a state student assessment test used by the school district and administered by a certified teacher, at a location and under testing conditions approved by the school district;

4.  The pupil shall be evaluated by an individual holding a valid, active license pursuant to the provisions of s. 490.003(7) or (8); or

5.  The pupil shall be evaluated with any other valid measurement tool as mutually agreed upon by the school superintendent of the district in which the pupil resides and the pupil's parent or guardian.

(2)  The school superintendent shall review and accept the results of the annual educational evaluation of the pupil in a home education program. If the pupil does not demonstrate educational progress at a level commensurate with her or his ability, the superintendent shall notify the parent or guardian, in writing, that such progress has not been achieved. The parent or guardian shall have 1 year from the date of receipt of the written notification to provide remedial instruction to the pupil. At the end of the 1-year probationary period, the pupil shall be reevaluated as specified in paragraph (1)(c). Continuation in a home education program shall be contingent upon the pupil demonstrating educational progress commensurate with her or his ability at the end of the probationary period.

(3)  A home education program shall be excluded from meeting the requirements of a school day as defined in s. 228.041.

History.--ss. 2, 3, ch. 85-144; s. 1, ch. 87-64; s. 16, ch. 87-252; s. 11, ch. 89-70; s. 26, ch. 90-306; s. 19, ch. 91-57; s. 1258, ch. 95-147; s. 52, ch. 95-228; s. 20, ch. 97-198; s. 212, ch. 97-264; s. 4, ch. 98-272.

Note.--Former s. 232.02(4).

232.0202  Private tutoring programs.--Regular attendance as defined in s. 232.02 may be achieved by attendance in a private tutoring program if the person tutoring the student meets the following requirements:

(1)  Holds a valid Florida certificate to teach the subjects or grades in which instruction is given.

(2)  Keeps all records and makes all reports required by the state and district school board and makes regular reports on the attendance of students in accordance with the provisions of s. 232.021.

(3)  Requires students to be in actual attendance for the minimum length of time prescribed by s. 228.041(16).

History.--s. 5, ch. 98-272.

232.0205  Student disclosures required at school registration.--According to procedures established by the district school board, each student at the time of initial registration for school in a school district shall note previous school expulsions, arrests resulting in a charge, and juvenile justice actions the student has had.

History.--s. 2, ch. 97-234.

232.021  Attendance records and reports required.--All officials, teachers, and other employees in public, parochial, denominational, and private schools, including private tutors, shall keep all records and shall prepare and submit promptly all reports that may be required by law and by regulations of state and district boards. Such records shall include a register of enrollment and attendance and all such persons named above shall make such reports therefrom as may be required by the state board. The enrollment register shall show the absence or attendance of each child enrolled for each school day of the year in a manner prescribed by the state board. The register shall be open for the inspection by the designated school representative or the superintendent of the district in which the school is located. Violation of the provisions of this section shall be a misdemeanor of the second degree, punishable as provided by law. This section shall not apply to home education programs provided in s. 232.0201.

History.--s. 614, ch. 19355, 1939; CGL 1940 Supp. 892(185); s. 75, ch. 65-239; s. 1, ch. 69-300; s. 134, ch. 71-136; s. 96, ch. 72-221; s. 18, ch. 97-190; s. 6, ch. 98-272.

Note.--Former s. 232.14.

232.022  Attendance defined.--The attendance of all public school pupils shall be checked each school day in the manner prescribed by regulations of the state board and recorded in the teacher's register or by some approved system of recording attendance. Pupils may be counted in attendance only if they are actually present at school or are away from school on a school day and are engaged in an educational activity which constitutes a part of the school-approved instructional program for the pupil.

History.--s. 1, ch. 29802, 1955; s. 97, ch. 72-221.

Note.--Former s. 232.141.

232.0225  Absence for religious instruction or holidays.--Each school board shall adopt a policy which authorizes a parent or guardian to request and be granted permission for absence of a student from school for religious instruction or religious holidays.

History.--s. 1, ch. 78-306; s. 1, ch. 88-317; s. 1259, ch. 95-147; s. 19, ch. 97-190.

232.03  Evidence of date of birth required.--Before admitting a child to prekindergarten or kindergarten, the principal shall require evidence that the child has attained the age at which he or she should be admitted in accordance with the provisions of s. 232.01. The superintendent may require evidence of the age of any child whom he or she believes to be within the limits of compulsory attendance as provided for by law. If the first prescribed evidence is not available, the next evidence obtainable in the order set forth below shall be accepted:

(1)  A duly attested transcript of the child's birth record filed according to law with a public officer charged with the duty of recording births;

(2)  A duly attested transcript of a certificate of baptism showing the date of birth and place of baptism of the child, accompanied by an affidavit sworn to by the parent;

(3)  An insurance policy on the child's life which has been in force for at least 2 years;

(4)  A bona fide contemporary Bible record of the child's birth accompanied by an affidavit sworn to by the parent;

(5)  A passport or certificate of arrival in the United States showing the age of the child;

(6)  A transcript of record of age shown in the child's school record of at least 4 years prior to application, stating date of birth; or

(7)  If none of these evidences can be produced, an affidavit of age sworn to by the parent, accompanied by a certificate of age signed by a public health officer or by a public school physician, or, if neither of these shall be available in the county, by a licensed practicing physician designated by the school board, which certificate shall state that the health officer or physician has examined the child and believes that the age as stated in the affidavit is substantially correct.

History.--s. 603, ch. 19355, 1939; CGL 1940 Supp. 892(174); s. 51, ch. 29764, 1955; s. 1, ch. 69-300; s. 1, ch. 70-72; s. 93, ch. 72-221; s. 9, ch. 79-288; s. 5, ch. 89-101; s. 1261, ch. 95-147; s. 21, ch. 97-190.

232.0315  School-entry health examinations.--

(1)  The school board of each district and the governing authority of each nonpublic school shall require that each child who is entitled to admittance to prekindergarten or kindergarten, or is entitled to any other initial entrance into a public or nonpublic school in this state, present a certification of a school-entry health examination performed within 1 year prior to enrollment in school. The school board of each district, and the governing authority of each nonpublic school, may establish a policy which permits a student up to 30 school days to present a certification of a school-entry health examination. Any school board which establishes such a policy shall include provisions in its local school health services plan to assist students in obtaining the health examinations. However, any child shall be exempt from the requirement of a health examination upon written request of the parent or guardian of such child stating objections to such examination on religious grounds.

(2)  The Department of Education, subject to the concurrence of the ¹Department of Health and Rehabilitative Services, shall adopt rules to govern medical examinations performed under this section.

History.--s. 1, ch. 80-197; s. 2, ch. 81-18; s. 22, ch. 84-317; s. 30, ch. 91-105.

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.

232.032  Immunization against communicable diseases; school attendance requirements; exemptions.--

(1)  The Department of Health may adopt rules necessary to administer and enforce this section. The Department of Health, after consultation with the Department of Education, shall adopt rules governing the immunization of children against, the testing for, and the control of preventable communicable diseases. The rules must include procedures for exempting a child from immunization requirements. Immunizations shall be required for poliomyelitis, diphtheria, rubeola, rubella, pertussis, mumps, tetanus, and other communicable diseases as determined by rules of the Department of Health. The manner and frequency of administration of the immunization or testing shall conform to recognized standards of medical practice. The Department of Health shall supervise and secure the enforcement of the required immunization. Immunizations required by this section shall be available at no cost from the county health departments.

(2)  The school board of each district and the governing authority of each nonpublic school shall establish and enforce as policy that, prior to admittance to or attendance in a public or nonpublic school, grades preschool through 12, each child present or have on file with the school a certification of immunization for the prevention of those communicable diseases for which immunization is required by the Department of Health and further shall provide for appropriate screening of its pupils for scoliosis at the proper age. Such certification shall be made on forms approved and provided by the Department of Health and shall become a part of each student's permanent record, to be transferred when the student transfers, is promoted, or changes schools. The transfer of such immunization certification by Florida public schools shall be accomplished using the Florida Automated System for Transferring Education Records and shall be deemed to meet the requirements of this section.

(3)  The provisions of this section shall not apply if:

(a)  The parent or guardian of the child objects in writing that the administration of immunizing agents conflicts with his or her religious tenets or practices;

(b)  A physician licensed under the provisions of chapter 458 or chapter 459 certifies in writing, on a form approved and provided by the Department of Health, that the child should be permanently exempt from the required immunization for medical reasons stated in writing, based upon valid clinical reasoning or evidence, demonstrating the need for the permanent exemption;

(c)  A physician licensed under the provisions of chapter 458, chapter 459, or chapter 460 certifies in writing, on a form approved and provided by the Department of Health, that the child has received as many immunizations as are medically indicated at the time and is in the process of completing necessary immunizations;

(d)  The Department of Health determines that, according to recognized standards of medical practice, any required immunization is unnecessary or hazardous; or

(e)  An authorized school official issues a temporary exemption, for a period not to exceed 30 school days, to permit a child who transfers into a new county to attend class until his or her records can be obtained. The public school health nurse or authorized nonpublic school official is responsible for followup of each such child until proper documentation or immunizations are obtained.

(4)(a)  No person licensed by this state as a physician or nurse shall be liable for any injury caused by his or her action or failure to act in the administration of a vaccine or other immunizing agent pursuant to the provisions of this section if the person acts as a reasonably prudent person with similar professional training would have acted under the same or similar circumstances.

(b)  No member of a school board, or any of its employees, or member of a governing board of a nonpublic school, or any of its employees, shall be liable for any injury caused by the administration of a vaccine to any student who is required to be so immunized or for a failure to diagnose scoliosis pursuant to the provisions of this section.

(5)  The parents or guardians of any child admitted to or in attendance at a Florida public or nonpublic school, grades preschool through 12, are responsible for assuring that the child is in compliance with the provisions of this section.

(6)  Each public school, kindergarten, or preschool, and each nonpublic school, kindergarten, or preschool shall be required to provide to the county health department director or administrator annual reports of compliance with the provisions of this section. Reports shall be completed on forms provided by the Department of Health for each preschool, kindergarten, and other grade as specified; and the reports shall include the status of children who were admitted at the beginning of the school year. After consultation with the Department of Education, the Department of Health shall establish by administrative rule the dates for submission of these reports, the grades for which the reports shall be required, and the forms to be used.

(7)  The presence of any of the communicable diseases for which immunization is required by the Department of Health in a Florida public or nonpublic school shall permit the county health department director or administrator or the State Health Officer to declare a communicable disease emergency. The declaration of such emergency shall mandate that all children in attendance in the school who are not in compliance with the provisions of this section be identified by the district school board or by the governing authority of the nonpublic school; and the school health and immunization records of such children shall be made available to the county health department director or administrator. Those children identified as not being immunized against the disease for which the emergency has been declared shall be temporarily excluded from school by the district school board, or the governing authority, until such time as is specified by the county health department director or administrator.

(8)  The school board of each district and the governing authority of each private school shall:

(a)  Refuse admittance to any child otherwise entitled to admittance to kindergarten, or any other initial entrance into a Florida public or nonpublic school, who is not in compliance with the provisions of subsection (2).

(b)  Temporarily exclude from attendance any student who is not in compliance with the provisions of subsection (2).

(9)  The provisions of this section do not apply to those persons admitted to or attending adult education classes unless the adult students are under 21 years of age.

History.--ss. 1, 2, 3, ch. 71-283; s. 39, ch. 77-147; s. 10, ch. 79-288; s. 1, ch. 80-79; s. 5, ch. 81-283; s. 97, ch. 83-217; s. 4, ch. 86-220; s. 31, ch. 91-105; s. 1, ch. 94-320; s. 1540, ch. 95-147; s. 25, ch. 97-101; s. 22, ch. 97-190; s. 14, ch. 97-237; s. 1, ch. 98-151.

232.06  Certificates of exemptions authorized in certain cases.--Children within the compulsory attendance age limits who hold valid certificates of exemption which have been issued by the superintendent shall be exempt from attending school. A certificate of exemption shall cease to be valid at the end of the school year in which it is issued.

History.--s. 606, ch. 19355, 1939; CGL 1940 Supp. 892(177); s. 1, ch. 57-229; s. 9, ch. 68-24; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 21, ch. 73-334; s. 13, ch. 79-288; s. 2, ch. 80-21; s. 32, ch. 91-105; s. 1263, ch. 95-147; s. 23, ch. 97-190.

232.09  Parents and legal guardians responsible for attendance of children; attendance policy.--

(1)  The Legislature finds:

(a)  It is essential that our children receive an education.

(b)  Failure to attend school in a regular and timely fashion hinders the education process.

(c)  Truancy and poor school performance have a direct relationship to juvenile delinquency and destructive behavior.

(d)  A disproportionate percentage of juvenile crime occurs when juveniles should be in school.

(e)  Parents and guardians must be responsible, within reason, for sending their children to school.

(f)  If a juvenile refuses to attend school or a parent or guardian refuses to compel the child to attend school, there must exist an efficient and expedient process to enforce attendance laws.

(2)  Each parent and legal guardian of a child within the compulsory attendance age is responsible for the child's school attendance as required by law. The absence of a child from school is prima facie evidence of a violation of this section; however, criminal prosecution may not be brought against a parent, guardian, or other person having control of the child until the provisions of s. 232.17(2) have been complied with. A parent or guardian of a child is not responsible for the child's nonattendance at school under any of the following conditions:

(a)  With permission.--The absence was with permission of the head of the school; or

(b)  Without knowledge.--The absence was without the parent's knowledge, consent, or connivance, in which case the child shall be dealt with as a dependent child; or

(c)  Financial inability.--The parent was unable financially to provide necessary clothes for the child, which inability was reported in writing to the superintendent prior to the opening of school or immediately after the beginning of such inability; provided, that the validity of any claim for exemption under this subsection shall be determined by the superintendent subject to appeal to the school board; or

(d)  Sickness, injury, or other insurmountable condition.--Attendance was impracticable or inadvisable on account of sickness or injury, attested to by a written statement of a licensed practicing physician, or was impracticable because of some other stated insurmountable condition as defined by rules of the state board. If a student is continually sick and repeatedly absent from school, he or she must be under the supervision of a physician in order to receive an excuse from attendance. Such excuse provides that a student's condition justifies absence for more than the number of days permitted by the district school board.

Each district school board shall establish an attendance policy which includes, but is not limited to, the required number of days each school year that a student must be in attendance and the number of absences and tardinesses after which a statement explaining such absences and tardinesses must be on file at the school. Each school in the district must determine if an absence or tardiness is excused or unexcused according to criteria established by the district school board.

History.--s. 609, ch. 19355, 1939; CGL 1940 Supp. 892(180); s. 1, ch. 69-300; s. 94, ch. 72-221; s. 25, ch. 75-48; s. 13, ch. 79-288; s. 1, ch. 80-56; s. 24, ch. 97-190; s. 1, ch. 97-234.

232.16  Superintendent responsible for enforcement.--The superintendent shall be responsible for the enforcement of the provisions of this chapter. In a district in which no attendance assistant is employed, the superintendent shall have those duties and responsibilities and exercise those powers assigned by law to attendance assistants.

History.--s. 616, ch. 19355, 1939; CGL 1940 Supp. 892(187); s. 1, ch. 69-300; s. 99, ch. 72-221.

232.17  Enforcement of school attendance.--Pursuant to procedures established by the district school board, a designated school representative must complete activities designed to determine the cause and attempt the remediation of truant behavior, as provided in this section.

(1)  INVESTIGATE NONENROLLMENT AND UNEXCUSED ABSENCES.--A designated school representative shall investigate cases of nonenrollment and unexcused absences from school of all children subject to compulsory school attendance.

(2)  GIVE WRITTEN NOTICE.--Under the direction of the superintendent, a designated school representative shall give written notice, in person or by return-receipt mail, to the parent, guardian, or other person having control when no valid reason is found for a child's nonenrollment in school or when the child has a minimum of 3 but fewer than 6 unexcused absences within 90 calendar days, requiring enrollment or attendance within 3 days after the date of notice. If the notice and requirement are ignored, the designated school representative shall report the case to the superintendent, and may refer the case to the case staffing committee, established pursuant to s. 984.12, if the conditions of s. 232.19(3) have been met. The superintendent may take such steps as are necessary to bring criminal prosecution against the parent, guardian, or other person having control.

(3)  RETURN CHILD TO PARENT.--A designated school representative shall visit the home or place of residence of a child and any other place in which he or she is likely to find any child who is required to attend school when such child is not enrolled or is absent from school during school hours without an excuse, and, when the child is found, shall return the child to his or her parent or to the principal or teacher in charge of the school, or to the private tutor from whom absent.

(4)  REPORT TO THE DIVISION OF JOBS AND BENEFITS.--A designated school representative shall report to the Division of Jobs and Benefits of the Department of Labor and Employment Security or to any person acting in similar capacity who may be designated by law to receive such notices, all violations of the Child Labor Law that may come to his or her knowledge.

(5)  RIGHT TO INSPECT.--A designated school representative shall have the same right of access to, and inspection of, establishments where minors may be employed or detained as is given by law to the Division of Jobs and Benefits only for the purpose of ascertaining whether children of compulsory school age are actually employed there and are actually working there regularly. The designated school representative shall, if he or she finds unsatisfactory working conditions or violations of the Child Labor Law, report his or her findings to the Division of Jobs and Benefits or its agents.

¹(6)  RESUMING SERIES.--If a child repeats a pattern of nonattendance within one school year, the designated school representative shall resume the series of escalating activities at the point at which he or she had previously left off.

History.--s. 617, ch. 19355, 1939; CGL 1940 Supp. 892(188); s. 10, ch. 26484, 1951; s. 54, ch. 29764, 1955; ss. 17, 35, ch. 69-106; s. 1, ch. 69-300; s. 100, ch. 72-221; s. 1, ch. 73-283; s. 13, ch. 79-7; s. 3, ch. 81-103; s. 10, ch. 81-192; s. 7, ch. 83-174; s. 7, ch. 84-255; s. 48, ch. 85-80; s. 1264, ch. 95-147; s. 2, ch. 95-345; s. 7, ch. 96-369; s. 26, ch. 97-190; s. 8, ch. 97-234; s. 20, ch. 98-280.

¹Note.--This material added by s. 8, ch. 97-234. Section 26, ch. 97-190, deleted the former text of this provision, which had been amended by s. 8, ch. 97-234.

232.19  Court procedure and penalties.--The court procedure and penalties for the enforcement of the provisions of this chapter, relating to compulsory school attendance, shall be as follows:

(1)  COURT JURISDICTION.--The circuit court has original and exclusive jurisdiction of all proceedings against, or prosecutions of, children under the provisions of this chapter. Proceedings against, or prosecutions of, parents or employers as provided by this section shall be in the court of each county having jurisdiction of misdemeanors wherein trial by jury is afforded the defendant.

(2)  NONENROLLMENT AND NONATTENDANCE CASES.--

(a)  In each case of nonenrollment or of nonattendance upon the part of a child who is required to attend some school, when no valid reason for such nonenrollment or nonattendance is found, the superintendent shall institute a criminal prosecution against the child's parent.

(b)  Each public school principal or the principal's designee shall notify the district school board of each minor under its jurisdiction who accumulates 15 unexcused absences in a period of 90 calendar days. Each designee of the governing body of each private school, and each parent whose child is enrolled in a home education program, may provide the Department of Highway Safety and Motor Vehicles with the legal name, sex, date of birth, and social security number of each minor under his or her jurisdiction who fails to satisfy relevant attendance requirements and who fails to otherwise satisfy the requirements of s. 322.091. The superintendent must provide the Department of Highway Safety and Motor Vehicles the legal name, sex, date of birth, and social security number of each minor who has been reported under this paragraph and who fails to otherwise satisfy the requirements of s. 322.091. The Department of Highway Safety and Motor Vehicles may not issue a driver's license or learner's driver's license to, and shall suspend any previously issued driver's license or learner's driver's license of, any such minor, pursuant to the provisions of s. 322.091.

(3)  HABITUAL TRUANCY CASES.--In accordance with procedures established by the district school board, the designated school representative shall refer a student who is habitually truant and the student's family to the children-in-need-of-services and families-in-need-of-services provider or the case staffing committee, established pursuant to s. 984.12, as determined by the cooperative agreement required in this section. The case staffing committee may request the Department of Juvenile Justice or its designee to file a child-in-need-of-services petition based upon the report and efforts of the school district or other community agency or may seek to resolve the truant behavior through the school or community-based organizations or agencies. Prior to and subsequent to the filing of a child-in-need-of-services petition due to habitual truancy, the appropriate governmental agencies must allow a reasonable time to complete actions required by this subsection to remedy the conditions leading to the truant behavior. The following criteria must be met and documented in writing prior to the filing of a petition:

(a)  The child must have 15 unexcused absences within 90 calendar days with or without the knowledge or consent of the child's parent or legal guardian, must be subject to compulsory school attendance, and must not be exempt under s. 232.06, s. 232.09, or any other exemption specified by law or the rules of the State Board of Education.

(b)  In addition to the actions described in s. 232.17, the school administration must have completed the following activities to determine the cause, and to attempt the remediation, of the child's truant behavior:

1.  After a minimum of 3 and prior to 6 unexcused absences within 90 calendar days, one or more meetings must have been held, either in person or by phone, between a designated school representative, the child's parent or guardian, and the child, if necessary, to report and to attempt to solve the truancy problem. However, if the designated school representative has documented the refusal of the parent or guardian to participate in the meetings, this requirement has been met.

2.  Educational counseling must have been provided to determine whether curriculum changes would help solve the truancy problem, and, if any changes were indicated, such changes must have been instituted but proved unsuccessful in remedying the truant behavior. Such curriculum changes may include enrollment of the child in a dropout prevention program that meets the specific educational and behavioral needs of the child, including a second chance school, as provided for in s. 230.2316, designed to resolve truant behavior.

3.  Educational evaluation, which may include psychological evaluation, must have been provided to assist in determining the specific condition, if any, that is contributing to the child's nonattendance. The evaluation must have been supplemented by specific efforts by the school to remedy any diagnosed condition.

If a child who is subject to compulsory school attendance is responsive to the interventions described in this paragraph and has completed the necessary requirements to pass the current grade as indicated in the district pupil progression plan, the child shall be passed.

(4)  COOPERATIVE AGREEMENTS.--The district manager of the Department of Juvenile Justice or the district manager's designee, the district administrator of the Department of Children and Family Services or the district administrator's designee, and the superintendent of the local school district or the superintendent's designee must develop a cooperative interagency agreement that:

(a)  Clearly defines each department's role, responsibility, and function in working with habitual truants and their families.

(b)  Identifies and implements measures to resolve and reduce truant behavior.

(c)  Addresses issues of streamlining service delivery, the appropriateness of legal intervention, case management, the role and responsibility of the case staffing committee, student and parental intervention and involvement, and community action plans.

(d)  Delineates timeframes for implementation and identifies a mechanism for reporting results by the district juvenile justice manager or the district manager's designee and the superintendent of schools or the superintendent's designee to the Department of Juvenile Justice and the Department of Education and other governmental entities as needed.

(e)  Designates which agency is responsible for each of the intervention steps in this section, to yield more effective and efficient intervention services.

(5)  ATTENDANCE REGISTER AS EVIDENCE.--The register of attendance of pupils at a public, parochial, denominational, or private school, or of pupils taught by a private tutor, kept in compliance with rules of the state board is prima facie evidence of the facts which it is required to show. A certified copy of any rule and a statement of the date of its adoption by the state board is admissible as prima facie evidence of the provisions of the rule and of the date of its adoption.

(6)  PROCEEDINGS AND PROSECUTIONS; WHO MAY BEGIN.--Proceedings or prosecutions under this chapter may be commenced by the superintendent, by a designated school representative, by the probation officer of the county, by the executive officer of any court of competent jurisdiction, or by an officer of any court of competent jurisdiction, or by a duly authorized agent of the Department of Education or the Department of Juvenile Justice. If a proceeding has been commenced against both a parent or legal guardian and a child pursuant to this chapter, the presiding courts shall make every effort to coordinate sanctions against the child and parent or legal guardian, including ordering the child and parent or legal guardian to perform community service hours or attend counseling together.

(7)  PENALTIES.--The penalties for refusing or failing to comply with this chapter shall be as follows:

(a)  The parent or legal guardian.--

1.  A parent or legal guardian who refuses or fails to have a child who is under his or her control attend school regularly, or who refuses or fails to comply with the requirements in subsection (3), commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

2.  The continued or habitual absence of a child without the consent of the principal or teacher in charge of the school he or she attends or should attend, or of the tutor who instructs or should instruct him or her, is prima facie evidence of a violation of this chapter; however, a showing that the parent or legal guardian has made a bona fide and diligent effort to control and keep the child in school shall be an affirmative defense to any criminal or other liability under this subsection and the court shall refer the parent or legal guardian and child for counseling, guidance, or other needed services.

3.  In addition to any other punishment, the court shall order a parent or legal guardian who has violated this section to send the child to school, and may also order the parent or legal guardian to participate in an approved parent training class, attend school with the child unless this would cause undue hardship, perform community service hours at the school, or participate in counseling or other services, as appropriate. If a parent or legal guardian is ordered to attend school with a child, the school shall provide for programming to educate the parent or legal guardian and child on the importance of school attendance. It shall be unlawful to terminate any employee solely because he or she is attending school with his or her child pursuant to a court order.

(b)  The principal or teacher.--A principal or teacher in any public, parochial, denominational, or private school, or a private tutor who willfully violates any provision of this chapter may, upon satisfactory proof of such violation, have his or her certificate revoked by the Department of Education.

(c)  The employer.--

1.  An employer who fails to notify the superintendent when he or she ceases to employ a child commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

2.  An employer who terminates any employee solely because he or she is attending school with a child pursuant to court order commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(d)  The child.--

1.  In addition to any other authorized sanctions, the court shall order a child found to be a habitual truant to make up all school work missed and may order the child to pay a civil penalty of up to $2, based on the child's ability to pay, for each day of school missed, perform up to 25 community service hours at the school, or participate in counseling or other services, as appropriate.

2.  Upon a second or subsequent finding that a child is a habitual truant, the court, in addition to any other authorized sanctions, shall order the child to make up all school work missed and may order the child to pay a civil penalty of up to $5, based on the child's ability to pay, for each day of school missed, perform up to 50 community service hours at the school, or participate in counseling or other services, as appropriate.

History.--s. 619, ch. 19355, 1939; CGL 1940 Supp. 892(190), 8115(8), (9); s. 56, ch. 29764, 1955; s. 1, ch. 61-101; s. 77, ch. 65-239; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 135, ch. 71-136; s. 101, ch. 72-221; s. 29, ch. 72-404; s. 21, ch. 73-334; s. 26, ch. 75-48; s. 2, ch. 80-56; s. 11, ch. 81-192; s. 8, ch. 84-255; s. 17, ch. 84-311; s. 9, ch. 87-133; s. 35, ch. 90-288; s. 143, ch. 94-209; s. 61, ch. 94-232; s. 1541, ch. 95-147; s. 24, ch. 95-267; s. 8, ch. 96-369; s. 27, ch. 97-190; s. 9, ch. 97-234; s. 21, ch. 98-280.

232.195  Continuation of truancy remedial activities upon transfer of student; retention of legal jurisdiction.--

(1)  If, during the activities designed to remedy truant behavior as described in s. 232.19, the parent or legal guardian of the student who is the subject of such activities transfers the student to another school district in this state in an attempt to circumvent the remedial procedures which have already begun, the administration of the school from which the student transferred shall provide to the administration of the new school, at no charge, copies of all available records and documents relevant to such remedial activities, and the administration of the new school shall begin remedial activities in the program that most closely meets the transfer student's needs.

(2)  In the event that a legal proceeding has commenced, as provided in s. 232.19, against a student who has been determined to be a habitual truant, the movement of the student who is the subject of such proceeding to another circuit court district in this state will not affect the jurisdiction of the court to proceed with the case under the law.

History.--s. 9, ch. 84-255; s. 10, ch. 97-234.

232.197  Notice to schools of court action.--If a court takes action that directly involves a child's school, including, but not limited to, an order that a student attend school, attend school with his or her parent or legal guardian, perform at grade level, or perform community service hours at the school, the office of the clerk of the court shall provide notice to the school of the court's action.

History.--s. 11, ch. 97-234.

232.23  Procedures for maintenance and transfer of pupil records.--

(1)  Each principal shall maintain a permanent cumulative record for each pupil enrolled in a public school. Such record shall be maintained in the form, and contain all data, prescribed by rule by the Commissioner of Education. The cumulative record is confidential and exempt from the provisions of s. 119.07(1) and is open to inspection only as provided in s. 228.093.

(2)  The procedure for transferring and maintaining records of pupils who transfer from school to school shall be prescribed by regulations of the commissioner.

(3)  Procedures relating to the acceptance of transfer work and credit for pupils shall be prescribed by rule by the Commissioner of Education.

History.--s. 623, ch. 19355, 1939; CGL 1940 Supp. 892(194); s. 79, ch. 65-239; s. 12, ch. 73-338; s. 3, ch. 77-60; s. 81, ch. 84-336; s. 2, ch. 86-65; s. 7, ch. 86-145; s. 65, ch. 87-224; s. 1, ch. 88-259; s. 3, ch. 88-292; s. 66, ch. 90-360; s. 84, ch. 96-406; s. 116, ch. 97-190.

¹232.245  Pupil progression; remedial instruction; reporting requirements.--

(1)  It is the intent of the Legislature that each student's progression from one grade to another be determined, in part, upon proficiency in reading, writing, and mathematics; that school district policies facilitate such proficiency; and that each student and his or her parent or legal guardian be informed of that student's academic progress.

(2)  Each district school board shall establish a comprehensive program for pupil progression which must include:

(a)  Standards for evaluating each pupil's performance, including how well he or she masters the performance standards approved by the state board according to s. 229.565; and

(b)  Specific levels of performance in reading, writing, and mathematics for each grade level, including the levels of performance on statewide assessments at selected grade levels in elementary school, middle school, and high school as defined by the Commissioner of Education, below which a student must receive remediation and may be retained.

(3)  Each student must participate in the statewide assessment tests required by s. 229.57. Each student who does not meet specific levels of performance as determined by the district school board in reading, writing, and mathematics for each grade level, or who does not meet specific levels of performance, determined by the Commissioner of Education, on statewide assessments at selected grade levels, must be provided with additional diagnostic assessments to determine the nature of the student's difficulty and areas of academic need. The school in which the student is enrolled must develop, in consultation with the student's parent or legal guardian, and implement an academic improvement plan designed to assist the student in meeting state and district expectations for proficiency. Each plan must include the provision of intensive remedial instruction in the areas of weakness through one or more of the following activities, as considered appropriate by the school administration:

(a)  Summer school coursework;

(b)  Extended-day services;

(c)  Parent tutorial programs;

(d)  Contracted academic services;

(e)  Exceptional education services; or

(f)  Suspension of curriculum other than reading, writing, and mathematics. Remedial instruction provided during high school may not be in lieu of English and mathematics credits required for graduation.

Upon subsequent evaluation, if the documented deficiency has not been corrected in accordance with the academic improvement plan, the student may be retained. Each student who does not meet the minimum performance expectations defined by the Commissioner of Education for the statewide assessment tests in reading, writing, and mathematics must retake the state assessment test in the subject area of deficiency and must continue remedial instruction until the expectations are met or the student graduates from high school or is not subject to compulsory school attendance.

(4)  Any student who exhibits substantial deficiency in reading skills, based on locally determined assessments conducted before the end of grade 1, grade 2, and grade 3, or based on teacher recommendation, must be given intensive reading instruction immediately following the identification of the reading deficiency. The student's reading proficiency must be reassessed by locally determined assessment or based on teacher recommendation at the beginning of the grade following the intensive reading instruction, and the student must continue to be given intensive reading instruction until the reading deficiency is remedied. If the student's reading deficiency, as determined by the locally determined assessment, is not remedied by the end of grade 2 or grade 3, or if the student scores below the specific level of performance, determined by the local school board, on the statewide assessment test in reading and writing given in elementary school, the student must be retained. The local school board may exempt a student from mandatory retention for good cause.

(5)  Beginning with the 1997-1998 school year, any student who exhibits substantial deficiency in reading skills, based on locally determined assessments conducted at the beginning of grade 2, grade 3, and grade 4, or based on teacher recommendation, must be given intensive reading instruction immediately following the identification of the reading deficiency. The student's reading proficiency must be reassessed by locally determined assessment or based on teacher recommendation at the beginning of the grade following the intensive reading instruction, and the student must continue to be given intensive reading instruction until the reading deficiency is remedied. If the student's reading deficiency is not remedied by the end of grade 5, the student may be retained.

(6)  Each district must annually report to the parent or legal guardian of each student the progress of the student towards achieving state and district expectations for proficiency in reading, writing, and mathematics. The district must report to the parent or legal guardian the student's results on each statewide assessment test. The evaluation of each student's progress must be based upon the student's classroom work, observations, tests, district and state assessments, and other relevant information. Progress reporting must be provided to the parent or legal guardian in writing in a format adopted by the district school board.

(7)  The Commissioner of Education shall adopt rules necessary for the administration of this section.

(8)  The Department of Education shall provide technical assistance as needed to aid school districts in administering this section.

History.--s. 15, ch. 76-223; s. 1, ch. 77-174; s. 4, ch. 78-424; s. 14, ch. 87-243; ss. 3, 28, ch. 87-329; s. 6, ch. 90-99; s. 34, ch. 91-105; s. 1265, ch. 95-147; s. 5, ch. 97-2; s. 28, ch. 97-190; s. 1, ch. 97-309.

¹Note.--Section 3, ch. 97-309, provides that "[n]otwithstanding the provisions of sections 1 and 2 of this act, implementation shall be contingent upon legislative appropriation for this purpose or the identification of federal funds which can be specifically used for this purpose."

232.2451  Readiness for postsecondary education and the workplace.--

(1)  It is the intent of the Legislature that students and parents or guardians set early achievement and career goals for the student's post-high school experience. This section sets forth a model which schools, through their school advisory councils, may choose to implement to ensure that students are ready for postsecondary education and the workplace. If such a program is adopted, students and their parents or guardians shall have the option of participating in this model to plan the student's secondary level course of study. Parents or guardians and students are to become partners with school personnel in educational choice. Clear academic course expectations shall be made available to all students by allowing both student and parent or guardian choice.

(2)(a)  Students entering the 9th grade and their parents or guardians shall be active participants in choosing an end-of-high-school student destination based upon both student and parent or guardian goals. Four or more destinations should be available with bridges between destinations to enable students to shift destinations should they choose to change goals. The destinations shall accommodate the needs of students served in exceptional education programs to the extent appropriate for individual students. Exceptional education students may continue to follow the courses outlined in the school district pupil progression plan. Participating students and their parents or guardians shall choose among destinations, which must include:

1.  Four-year university, community college plus university, or military academy.

2.  Two-year postsecondary degree.

3.  Postsecondary vocational-technical certificate.

4.  Immediate employment or entry-level military.

(b)  The student progression model toward a chosen destination shall include:

1.  A "path" of core courses leading to each of the destinations provided in paragraph (a).

2.  A recommended group of electives which shall help define each path.

3.  Provisions for a teacher, school administrator, other school staff member, or community volunteer to be assigned to a student as an "academic advocate" if parental or guardian involvement is lacking.

(c)  The common placement test authorized in s. 240.117 or a similar test may be administered to all high school second semester sophomores who have chosen one of the four destinations. The results of the placement test shall be used to target additional instructional needs in reading, writing, and mathematics prior to graduation.

(d)  Ample opportunity shall be provided for students to move from one destination to another, and some latitude shall exist within each destination, to meet the individual needs of students.

(e)  Destinations specified in subparagraphs (a)1., 2., and 3. shall support the goals of the Tech Prep program. Students participating in Tech Prep shall be enrolled in articulated, sequential programs of study which include a technical component and at least a minimum of a postsecondary certificate or 2-year degree.

(f)  In order for these destinations to be attainable, the business community shall be encouraged to support real-world internships and apprenticeships.

(g)  All students shall be encouraged to take part in service learning opportunities.

(h)  High school equivalency diploma preparation programs shall not be a choice for high school students leading to any of the four destinations provided in paragraph (a) since the appropriate coursework, counseling component, and career preparation cannot be ensured.

(i)  Schools shall ensure that students and parents or guardians are made aware of the destinations available and provide the necessary coursework to assist the student in reaching the chosen destination. Students and parents or guardians shall be made aware of the student's progress toward the chosen destination.

(j)  The Department of Education shall offer technical assistance to school districts to ensure that the destinations offered also meet the academic standards adopted by the state.

(3)(a)  Access to Level I courses for graduation credit and for pursuit of a declared destination shall be limited to only those students for whom assessment indicates a more rigorous course of study would be inappropriate.

(b)  The school principal shall:

1.  Designate a member of the existing instructional or administrative staff to serve as a specialist to help coordinate the use of student achievement strategies to help students succeed in their coursework. The specialist shall also assist teachers in integrating the academic and vocational curricula, utilizing technology, providing feedback regarding student achievement, and implementing the Blueprint for Career Preparation and Tech Prep programs.

2.  Institute strategies to eliminate reading, writing, and mathematics deficiencies of secondary students.

(4)  This section shall take effect for those students entering the 9th grade in 1997 and each year thereafter.

History.--s. 1, ch. 97-21.

232.24521  Report cards; end-of-the-year status.--

(1)  Each school district shall establish and publish policies requiring the content and regular issuance of student report cards for all elementary school, middle school, and high school students. These report cards must clearly depict and grade:

(a)  The student's academic performance in each class or course, which in grades 1 through 12 must be based upon examinations as well as written papers, class participation, and other academic performance criteria.

(b)  The student's conduct and behavior.

(c)  The student's attendance, including absences and tardiness.

(2)  A student's final report card for a school year shall contain a statement indicating end-of-the-year status regarding performance or nonperformance at grade level, acceptable or unacceptable behavior and attendance, and promotion or nonpromotion.

School districts shall not allow schools to exempt students from academic performance requirements based on practices or policies designed to encourage student attendance.

History.--s. 12, ch. 97-234.

¹232.2454  District student performance standards, instruments, and assessment procedures.--

(1)  School districts are required to obtain or develop and implement assessments of student achievement as necessary to accurately measure student progress and to report this progress to parents or legal guardians according to s. 232.245. Each school district shall implement the assessment program pursuant to the procedures it adopts.

(2)  Each district school board shall adopt student performance standards for each course in grades 9 through 12 for which credit toward high school graduation is awarded. The board shall also establish policies that require student mastery of performance standards before credit for a course may be awarded. Teacher observations, classroom assignments, and examinations may be considered appropriate methods of assessing student mastery.

History.--s. 2, ch. 83-324; s. 100, ch. 84-336; s. 7, ch. 90-99; s. 6, ch. 97-2; s. 2, ch. 97-309.

¹Note.--Section 3, ch. 97-309, provides that "[n]otwithstanding the provisions of sections 1 and 2 of this act, implementation shall be contingent upon legislative appropriation for this purpose or the identification of federal funds which can be specifically used for this purpose."

232.246  General requirements for high school graduation.--

¹(1)  Graduation requires successful completion of either a minimum of 24 academic credits in grades 9 through 12 or an International Baccalaureate curriculum. The 24 credits shall be distributed as follows:

(a)  Four credits in English, with major concentration in composition and literature.

(b)  Three credits in mathematics. Effective for students entering the 9th grade in the 1997-1998 school year and thereafter, one of these credits must be Algebra I, a series of courses equivalent to Algebra I, or a higher-level mathematics course.

(c)  Three credits in science, two of which must have a laboratory component. The State Board of Education may grant an annual waiver of the laboratory requirement to a school district that certifies that its laboratory facilities are inadequate, provided the district submits a capital outlay plan to provide adequate facilities and makes the funding of this plan a priority of the school board.

(d)  One credit in American history.

(e)  One credit in world history, including a comparative study of the history, doctrines, and objectives of all major political systems.

(f)  One-half credit in economics, including a comparative study of the history, doctrines, and objectives of all major economic systems. The Florida Council on Economic Education shall provide technical assistance to the department and local school boards in developing curriculum materials for the study of economics.

(g)  One-half credit in American government, including study of the Constitution of the United States. For students entering the 9th grade in the 1997-1998 school year and thereafter, the study of Florida government, including study of the State Constitution, the three branches of state government, and municipal and county government, shall be included as part of the required study of American government.

(h)1.  One credit in practical arts career education or exploratory career education. Any vocational course as defined in s. 228.041(22) may be taken to satisfy the high school graduation requirement for one credit in practical arts or exploratory career education provided in this subparagraph;

2.  One credit in performing fine arts to be selected from music, dance, drama, painting, or sculpture. A course in any art form, in addition to painting or sculpture, that requires manual dexterity, or a course in speech and debate, may be taken to satisfy the high school graduation requirement for one credit in performing arts pursuant to this subparagraph; or

3.  One-half credit each in practical arts career education or exploratory career education and performing fine arts, as defined in this paragraph.

Such credit for practical arts career education or exploratory career education or for performing fine arts shall be made available in the 9th grade, and students shall be scheduled into a 9th grade course as a priority.

(i)  One-half credit in life management skills to include consumer education, positive emotional development, marriage and relationship skill-based education, nutrition, prevention of human immunodeficiency virus infection and acquired immune deficiency syndrome and other sexually transmissible diseases, benefits of sexual abstinence and consequences of teenage pregnancy, information and instruction on breast cancer detection and breast self-examination, cardiopulmonary resuscitation, drug education, and the hazards of smoking. Such credit shall be given for a course to be taken by all students in either the 9th or 10th grade.

(j)  One-half credit in physical education to include assessment, improvement, and maintenance of personal fitness. Participation in an interscholastic sport, whether at the freshman, junior varsity, or varsity level, for a full season, shall satisfy the one-half credit requirement in physical education.

(k)  Nine elective credits.

School boards may award a maximum of one-half credit in social studies and one-half elective credit for student completion of nonpaid voluntary community or school service work. Students choosing this option must complete a minimum of 75 hours of service in order to earn the one-half credit in either category of instruction. Credit may not be earned for service provided as a result of court action. School boards that approve the award of credit for student volunteer service shall develop guidelines regarding the award of the credit, and school principals are responsible for approving specific volunteer activities. A course designated in the Course Code Directory as grade 9 through grade 12 which is taken below the 9th grade may be used to satisfy high school graduation requirements or Florida Academic Scholar's Certificate Program requirements as specified in a district's pupil progression plan.

(2)  Remedial and compensatory courses taken in grades 9 through 12 may only be counted as elective credit as provided in subsection (1).

(3)  Credit for high school graduation may be earned for volunteer activities and nonacademic activities which have been approved for such credit by the State Board of Education.

(4)(a)  A district school board may require specific courses and programs of study within the minimum credit requirements for high school graduation and shall modify basic courses, as necessary, to assure exceptional students the opportunity to meet the graduation requirements for a standard diploma, using one of the following strategies:

1.  Assignment of the exceptional student to an exceptional education class for instruction in a basic course with the same student performance standards as those required of nonexceptional students in the district pupil progression plan; or

2.  Assignment of the exceptional student to a basic education class for instruction which is modified to accommodate the student's exceptionality.

(b)  The district shall determine which of these strategies to employ based upon an assessment of the student's needs and shall reflect this decision in the student's individual educational plan.

(c)  District school boards are authorized and encouraged to establish requirements for high school graduation in excess of the minimum requirements; however, an increase in academic credit or minimum grade point average requirements shall not apply to those students enrolled in grades 9 through 12 at the time the district school board increases the requirements.

(5)  Each district school board shall establish standards for graduation from its schools, and these standards must include:

(a)  Earning passing scores on the high school competency test defined in s. 229.57(3)(c).

(b)  Completion of all other applicable requirements prescribed by the district school board pursuant to s. 232.245.

(c)  Achievement of a cumulative grade point average of 1.5 on a 4.0 scale, or its equivalent, for students entering 9th grade before the 1997-1998 school year; however, these students must earn a cumulative grade point average of 2.0 on a 4.0 scale, or its equivalent, in the courses required by subsection (1) that are taken after July 1, 1997, or have an overall cumulative grade point average of 2.0 or above.

(d)  Achievement of a cumulative grade point average of 2.0 on a 4.0 scale, or its equivalent, in the courses required by subsection (1), for students entering 9th grade in the 1997-1998 school year and thereafter.

(e)  For purposes of paragraphs (c) and (d):

1.  Each district shall adopt policies designed to assist students in meeting these requirements. These policies may include, but are not limited to: forgiveness policies, summer school attendance, special counseling, volunteer and/or peer tutors, school-sponsored help sessions, homework hotlines, and study skills classes.

2.  At the end of each semester, the parent or guardian of each student in grades 9, 10, 11, and 12 who has a cumulative grade point average of less than 0.5 above the cumulative grade point average required for graduation shall be notified that the student is at risk of not meeting the requirements for graduation. The notice shall contain an explanation of the policies the district has in place to assist the student in meeting the grade point average requirement.

3.  Special assistance to obtain a high school equivalency diploma pursuant to s. 229.814 may be given only when the student has completed all requirements for graduation except the attainment of the required cumulative grade point average.

The standards required in this subsection, and any subsequent modifications, shall be reprinted in the Florida Administrative Code even though not defined as "rules."

(6)  The Legislature recognizes that adult learners are unique in situation and needs. The following graduation requirements are therefore instituted for students enrolled in adult general education in accordance with s. 239.301 in pursuit of a high school diploma:

¹(a)  The one-half credit in physical education required for graduation, pursuant to subsection (1), is not required for graduation and shall be substituted with elective credit keeping the total credits needed for graduation consistent with subsection (1).

(b)  Each school board may waive the laboratory component of the science requirement expressed in subsection (1) when such facilities are inaccessible or do not exist.

(c)  Adult students enrolled in adult secondary education in pursuit of a high school diploma after the beginning of the 1978-1979 school year and before the 1984-1985 school year are required to meet only those requirements for graduation that were in effect at the time of their enrollment when such enrollment has been continuous except for summer terms. The State Board of Education shall adopt rules to implement this paragraph.

(d)  Any course listed within the Department of Education Course Code Directory in the areas of art, dance, drama, or music may be undertaken by adult secondary education students. Enrollment and satisfactory completion of such a course shall satisfy the credit in performing fine arts required for high school graduation pursuant to subsection (1).

(7)  No student may be granted credit toward high school graduation for enrollment in the following courses or programs:

(a)  More than a total of nine elective credits in remedial programs as provided for in s. 236.0841.

(b)  More than one credit in exploratory vocational courses as defined in ²s. 228.041(22)(a)2.

(c)  More than three credits in practical arts family and consumer sciences classes as defined in ²s. 228.041(22)(a)4.

(d)  Any Level I course unless the student's assessment indicates that a more rigorous course of study would be inappropriate, in which case a written assessment of the need must be included in the student's individual educational plan or in a student performance plan, signed by the principal, the guidance counselor, and the parent or guardian of the student, or the student if the student is 18 years of age or older.

(8)  The state board, after a public hearing and consideration, shall make provision for appropriate modification of testing instruments and procedures for students with identified handicaps or disabilities in order to ensure that the results of the testing represent the student's achievement, rather than reflecting the student's impaired sensory, manual, speaking, or psychological process skills.

(9)  A student who meets all requirements prescribed in subsections (1), (4), and (5) shall be awarded a standard diploma in a form prescribed by the state board. A school board may attach the Florida gold seal vocational endorsement to a standard diploma or, instead of the standard diploma, award differentiated diplomas to those exceeding the prescribed minimums. A student who completes the minimum number of credits and other requirements prescribed by subsections (1) and (4), but who is unable to meet the standards of paragraph (5)(a), paragraph (5)(b), or paragraph (5)(c), shall be awarded a certificate of completion in a form prescribed by the state board. However, any student who is otherwise entitled to a certificate of completion may elect to remain in the secondary school either as a full-time student or a part-time student for up to 1 additional year and receive special instruction designed to remedy his or her identified deficiencies. This special instruction shall be funded from the state compensatory education funds of the district.

(10)  The public hearing and consideration required in subsection (8) shall not be construed to amend or nullify the requirements of security relating to the contents of examinations or assessment instruments and related materials or data as prescribed in s. 232.248.

History.--s. 1, ch. 78-424; s. 2, ch. 79-20; s. 2, ch. 79-74; s. 4, ch. 79-213; s. 1, ch. 83-324; s. 1, ch. 83-348; s. 5, ch. 84-222; s. 29, ch. 84-317; ss. 4, 6, 22, 80, ch. 84-336; s. 4, ch. 85-109; s. 29, ch. 86-156; ss. 4, 49, ch. 87-329; s. 5, ch. 88-317; s. 14, ch. 88-380; s. 5, ch. 89-302; s. 18, ch. 89-379; s. 8, ch. 90-99; s. 1, ch. 90-356; s. 35, ch. 91-105; s. 44, ch. 92-136; s. 1, ch. 93-210; s. 18, ch. 93-260; s. 62, ch. 94-232; s. 1542, ch. 95-147; s. 1, ch. 95-180; s. 7, ch. 97-2; s. 13, ch. 97-77; s. 21, ch. 97-246; s. 3, ch. 98-403; s. 40, ch. 98-421.

¹Note.--Section 40, ch. 98-421, amended subsection (1) and paragraph (a) of subsection (6), effective July 1, 1999, to read:

(1)  Graduation requires successful completion of either a minimum of 24 academic credits in grades 9 through 12 or an International Baccalaureate curriculum. The 24 credits shall be distributed as follows:

(a)  Four credits in English, with major concentration in composition and literature.

(b)  Three credits in mathematics. Effective for students entering the 9th grade in the 1997-1998 school year and thereafter, one of these credits must be Algebra I, a series of courses equivalent to Algebra I, or a higher-level mathematics course.

(c)  Three credits in science, two of which must have a laboratory component. The State Board of Education may grant an annual waiver of the laboratory requirement to a school district that certifies that its laboratory facilities are inadequate, provided the district submits a capital outlay plan to provide adequate facilities and makes the funding of this plan a priority of the school board.

(d)  One credit in American history.

(e)  One credit in world history, including a comparative study of the history, doctrines, and objectives of all major political systems.

(f)  One-half credit in economics, including a comparative study of the history, doctrines, and objectives of all major economic systems. The Florida Council on Economic Education shall provide technical assistance to the department and local school boards in developing curriculum materials for the study of economics.

(g)  One-half credit in American government, including study of the Constitution of the United States. For students entering the 9th grade in the 1997-1998 school year and thereafter, the study of Florida government, including study of the State Constitution, the three branches of state government, and municipal and county government, shall be included as part of the required study of American government.

(h)1.  One credit in practical arts career education or exploratory career education. Any vocational course as defined in s. 228.041(22) may be taken to satisfy the high school graduation requirement for one credit in practical arts or exploratory career education provided in this subparagraph;

2.  One credit in performing fine arts to be selected from music, dance, drama, painting, or sculpture. A course in any art form, in addition to painting or sculpture, that requires manual dexterity, or a course in speech and debate, may be taken to satisfy the high school graduation requirement for one credit in performing arts pursuant to this subparagraph; or

3.  One-half credit each in practical arts career education or exploratory career education and performing fine arts, as defined in this paragraph.


Such credit for practical arts career education or exploratory career education or for performing fine arts shall be made available in the 9th grade, and students shall be scheduled into a 9th grade course as a priority.

(i)  One-half credit in life management skills to include consumer education, positive emotional development, marriage and relationship skill-based education, nutrition, prevention of human immunodeficiency virus infection and acquired immune deficiency syndrome and other sexually transmissible diseases, benefits of sexual abstinence and consequences of teenage pregnancy, information and instruction on breast cancer detection and breast self-examination, cardiopulmonary resuscitation, drug education, and the hazards of smoking. Such credit shall be given for a course to be taken by all students in either the 9th or 10th grade.

(j)  One credit in physical education to include assessment, improvement, and maintenance of personal fitness. Participation in an interscholastic sport at the junior varsity or varsity level, for two full seasons, shall satisfy the one-credit requirement in physical education if the student passes a competency test on personal fitness with a score of "C" or better. The competency test on personal fitness must be developed by the Department of Education. A school board may not require that the one credit in physical education be taken during the 9th grade year.

(k)  Eight and one-half elective credits.


School boards may award a maximum of one-half credit in social studies and one-half elective credit for student completion of nonpaid voluntary community or school service work. Students choosing this option must complete a minimum of 75 hours of service in order to earn the one-half credit in either category of instruction. Credit may not be earned for service provided as a result of court action. School boards that approve the award of credit for student volunteer service shall develop guidelines regarding the award of the credit, and school principals are responsible for approving specific volunteer activities. A course designated in the Course Code Directory as grade 9 through grade 12 which is taken below the 9th grade may be used to satisfy high school graduation requirements or Florida Academic Scholars award requirements as specified in a district's pupil progression plan.

(a)  The one credit in physical education required for graduation, pursuant to subsection (1), is not required for graduation and shall be substituted with elective credit keeping the total credits needed for graduation consistent with subsection (1).

²Note.--Deleted by s. 9, ch. 97-307. Similar material is now in s. 228.041(22)(a) as created by s. 9, ch. 97-307.

232.2462  Definition of "credit".--

(1)(a)  For the purposes of requirements for high school graduation, one full credit means a minimum of 150 hours of bona fide instruction in a designated course of study which contains student performance standards as provided for in s. 232.2454. Six semester credit hours of instruction which are earned through enrollment pursuant to s. 240.116 and which satisfy the requirements of a district's interinstitutional articulation agreement according to s. 240.1161 also equal one full credit.

(b)  The hourly requirements for one-half credit are one-half the requirements specified in paragraph (a).

(2)  In awarding credit for high school graduation, each school district shall maintain a one-half credit earned system which shall include courses provided on a full-year basis. A student enrolled in a full-year course shall receive one-half credit if the student successfully completes either the first half or the second half of a full-year course but fails to successfully complete the other half of the course and the averaging of the grades obtained in each half would not result in a passing grade. A student enrolled in a full-year course shall receive a full credit if the student successfully completes either the first half or the second half of a full-year course but fails to successfully complete the other half of the course and the averaging of the grades obtained in each half would result in a passing grade, provided that such additional requirements specified in school board policies, such as class attendance, homework, participation, and other indicators of performance, shall be successfully completed by the student.

History.--s. 1, ch. 84-336; s. 3, ch. 85-109; s. 17, ch. 87-212; s. 36, ch. 90-288; s. 1267, ch. 95-147; s. 1, ch. 95-173; s. 8, ch. 97-2; s. 2, ch. 97-21; s. 30, ch. 97-190; s. 6, ch. 97-234.

232.2463  High school grading system.--The grading system and interpretation of letter grades used in public high schools shall be as follows:

(1)  Grade "A" equals 94 percent through 100 percent, has a grade point average value of 4, and is defined as "outstanding progress."

(2)  Grade "B" equals 85 percent through 93 percent, has a grade point average value of 3, and is defined as "above average progress."

(3)  Before the 1997-1998 school year, grade "C" equals 75 percent through 84 percent, has a grade point average value of 2, and is defined as "average progress." For the 1997-1998 school year and each year thereafter, grade "C" equals 77 percent through 84 percent, has a grade point average value of 2, and is defined as "average progress."

(4)  Before the 1997-1998 school year, grade "D" equals 65 percent through 74 percent, has a grade point average value of 1, and is defined as "lowest acceptable progress." For the 1997-1998 school year and each year thereafter, grade "D" equals 70 percent through 76 percent, has a grade point average value of 1, and is defined as "lowest acceptable progress."

(5)  Before the 1997-1998 school year, grade "F" equals zero percent through 64 percent, has a grade point average value of zero, and is defined as "failure." For the 1997-1998 school year and each year thereafter, grade "F" equals zero percent through 69 percent, has a grade point average value of zero, and is defined as "failure."

(6)  Grade "I" equals zero percent, has a grade point average value of zero, and is defined as "incomplete."

For the purposes of class ranking, school districts may exercise a weighted grading system.

History.--s. 5, ch. 87-329; s. 2, ch. 95-173; s. 9, ch. 97-2.

232.2466  College-ready diploma program.--

(1)  Beginning with the 1998-1999 school year, each school district shall award a differentiated college-ready diploma to each student who:

(a)  Successfully completes the requirements for a standard high school diploma as prescribed by s. 232.246. Among courses taken to fulfill the 24-academic-credit requirement, a student must take high school courses that are adopted by the Board of Regents and recommended by the State Board of Community Colleges as college-preparatory academic courses.

(b)  Takes the postsecondary education common placement test prescribed in s. 240.117, or an equivalent test identified by the State Board of Education, before graduation and scores at or above the established statewide passing score in each test area.

(2)  A college-ready diploma entitles a student to admission without additional placement testing to a public postsecondary education program that terminates in a technical certificate, an applied technology diploma, an associate in applied science degree, an associate in science degree, or an associate in arts degree, if the student enters postsecondary education within 2 years after earning the college-ready diploma.

(3)  The Department of Education shall periodically convene a task force of educators and employers to recommend additional incentives for students to pursue a college-ready diploma. The incentives may include awards and recognition, preference for positions in firms, and early registration privileges in postsecondary education institutions.

History.--s. 6, ch. 97-246; s. 1, ch. 98-421.

232.247  Special high school graduation requirements for certain exceptional students.--A student who has been properly classified, in accordance with rules established by the commissioner, as "educable mentally handicapped," "trainable mentally handicapped," "hearing impaired," "specific learning disabled," "physically or language impaired," or "emotionally handicapped" shall not be required to meet all requirements of s. 232.246 and shall, upon meeting all applicable requirements prescribed by the school board pursuant to s. 232.245, be awarded a special diploma in a form prescribed by the commissioner; however, such special graduation requirements prescribed by the school board must include minimum graduation requirements as prescribed by the commissioner. Any such student who meets all special requirements of the district school board for exceptionality, but is unable to meet the appropriate special state minimum requirements, shall be awarded a special certificate of completion in a form prescribed by the commissioner. A student who has been properly classified as "profoundly handicapped" and who meets the special requirements of the district school board for a special diploma in accordance with requirements for any exceptional student identified in this section shall be awarded a special diploma; however, such a student shall alternatively be eligible for a special certificate of completion, in a form prescribed by the commissioner, if all school requirements for students who are "profoundly handicapped" have been met. However, this section does not limit or restrict the right of an exceptional student solely to a special diploma or special certificate of completion. Any such student shall, upon proper request, be afforded the opportunity to fully meet all requirements of s. 232.246 through the standard procedures established therein and thereby to qualify for a standard diploma upon graduation.

History.--s. 2, ch. 78-424; s. 12, ch. 80-325; s. 6, ch. 83-324; s. 38, ch. 91-105; s. 1268, ch. 95-147; s. 118, ch. 97-190.

232.248  Confidentiality of assessment instruments.--All examination and assessment instruments, including developmental materials and workpapers directly related thereto, which are prepared, prescribed, or administered pursuant to ss. 229.57, 232.245, 232.246, and 232.247 shall be confidential and exempt from the provisions of s. 119.07(1) and from ss. 229.781 and 230.331. Provisions governing access, maintenance, and destruction of such instruments and related materials shall be prescribed by rules of the state board.

History.--s. 3, ch. 78-424; s. 1, ch. 88-19; s. 67, ch. 90-360; s. 86, ch. 96-406.

232.2481  Graduation and promotion requirements for publicly operated schools.--

(1)  Each state or local public agency, including the ¹Department of Health and Rehabilitative Services, the Department of Corrections, the Board of Regents, boards of trustees of community colleges, and the Board of Trustees of the Florida School for the Deaf and the Blind, which agency is authorized to operate educational programs for students at any level of grades kindergarten through 12 shall be subject to all applicable requirements of ss. 232.245, 232.246, 232.247, and 232.248. Within the content of these cited statutes each such state or local public agency shall be considered a "district school board."

(2)  The Commissioner of Education shall establish procedures to extend the state-administered assessment program to school programs operated by such state or local public agencies in the same manner and to the same extent as such program is administered in each district school system.

History.--s. 7, ch. 79-213; s. 3, ch. 87-298; s. 11, ch. 95-325.

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.

232.25  Pupils subject to control of school.--

(1)  Subject to law and rules and regulations of the commissioner and of the school board, each pupil enrolled in a school shall:

(a)  During the time she or he is being transported to or from school at public expense;

(b)  During the time she or he is attending school;

(c)  During the time she or he is on the school premises participating with authorization in a school-sponsored activity; and

(d)  During a reasonable time before and after a pupil is on the premises for attendance at school or for authorized participation in a school-sponsored activity, and only when on the premises,

be under the control and direction of the principal or teacher in charge of the school, and under the immediate control and direction of the teacher or other member of the instructional staff or of the bus driver to whom such responsibility may be assigned by the principal. However, the commissioner or the district school board may, by rules and regulations, subject each pupil to the control and direction of the principal or teacher in charge of the school during the time she or he is otherwise en route to or from school or is presumed by law to be attending school.

(2)  There is a rebuttable presumption that the term "reasonable time" means 30 minutes before or after the activity is scheduled or actually begins or ends, whichever period is longer. A school or school district may, by policy or other formal action, assume a longer period of supervision. Casual or incidental contact between school district personnel and students on school property shall not result in a legal duty to supervise outside of the reasonable times set forth in this section, provided that parents shall be advised in writing twice per year or by posted signs of the school's formal supervisory responsibility and that parents should not rely on additional supervision. The duty of supervision shall not extend to anyone other than students attending school and students authorized to participate in school-sponsored activities.

(3)  Nothing shall prohibit a district school board from having the right to expel, or to take disciplinary action against, a student who is found to have committed an offense on school property at any time if:

(a)  The student is found to have committed a delinquent act which would be a felony if committed by an adult;

(b)  The student has had adjudication withheld for a delinquent act which, if committed by an adult, would be a felony; or

(c)  The student has been found guilty of a felony.

(4)  Each pupil enrolled in a school may be required to take the following school child's daily conduct pledge:

(a)  I will be respectful at all times and obedient unless asked to do wrong.

(b)  I will not hurt another person with my words or my acts, because it is wrong to hurt others.

(c)  I will tell the truth, because it is wrong to tell a lie.

(d)  I will not steal, because it is wrong to take someone else's property.

(e)  I will respect my body, and not take drugs.

(f)  I will show strength and courage, and not do something wrong, just because others are doing it.

(g)  I pledge to be nonviolent and to respect my teachers and fellow classmates.

History.--s. 625, ch. 19355, 1939; CGL 1940 Supp. 892(196); s. 1, ch. 69-300; s. 1, ch. 71-255; s. 1269, ch. 95-147; s. 1, ch. 96-246; s. 1, ch. 96-286; s. 119, ch. 97-190; s. 13, ch. 97-234.

232.256  Search of student locker or storage area; authority.--

(1)  The Legislature finds that the case law of this state provides that relaxed standards of search and seizure apply under the State Constitution to searches of students' effects by school officials, owing to the special relationship between students and school officials and, to a limited degree, the school officials' standing in loco parentis to students. Accordingly, it is the purpose of this section to provide procedures by which school officials may search students' effects within the bounds of the case law established by the courts of this state.

(2)  A principal of a public school or a school employee designated by the principal, if she or he has reasonable suspicion that a prohibited or illegally possessed substance or object is contained within a student's locker or other storage area, may search the locker or storage area.

(3)  The school board shall cause to be posted in each public school, in a place readily seen by students, a notice stating that a student's locker or other storage area is subject to search, upon reasonable suspicion, for prohibited or illegally possessed substances or objects.

(4)  This section shall not be construed to prohibit the use of metal detectors or specially trained animals in the course of a search authorized by subsection (2) or subsection (3).

History.--s. 3, ch. 82-216; s. 1270, ch. 95-147.

232.26  Authority of principal.--

(1)(a)  Subject to law and to the rules of the state board and the district school board, the principal in charge of the school or the principal's designee shall develop policies for delegating to any teacher or other member of the instructional staff or to any bus driver transporting students of the school responsibility for the control and direction of students. The principal or the principal's designee shall consider the recommendation for discipline made by a teacher, other member of the instructional staff, or a bus driver when making a decision regarding student referral for discipline.

(b)  The principal or the principal's designee may suspend a student only in accordance with the rules of the district school board. The principal or the principal's designee shall make a good faith effort to immediately inform a student's parent or guardian by telephone of a student's suspension and the reasons for the suspension. Each suspension and the reasons for the suspension shall be reported in writing within 24 hours to the student's parent or guardian by United States mail. Each suspension and the reasons for the suspension shall also be reported in writing within 24 hours to the superintendent. A good faith effort shall be made by the principal or the principal's designee to employ parental assistance or other alternative measures prior to suspension, except in the case of emergency or disruptive conditions which require immediate suspension or in the case of a serious breach of conduct as defined by rules of the district school board. Such rules shall require oral and written notice to the student of the charges and an explanation of the evidence against him or her prior to the suspension. Each student shall be given an opportunity to present his or her side of the story. No student shall be suspended for unexcused tardiness, lateness, absence, or truancy. The principal or the principal's designee may suspend any student transported to or from school at the public expense from the privilege of riding on a school bus for violation of school board transportation policies, which shall include a policy regarding behavior at school bus stops, and the principal or the principal's designee shall give notice in writing to the student's parent or guardian and to the superintendent within 24 hours. School personnel shall not be held legally responsible for suspensions of students made in good faith.

(c)  The principal or the principal's designee may recommend to the superintendent the expulsion of any student who has committed a serious breach of conduct, including, but not limited to, willful disobedience, open defiance of authority of a member of his or her staff, violence against persons or property, or any other act which substantially disrupts the orderly conduct of the school. A recommendation of expulsion or assignment to a second chance school may also be made for any student found to have intentionally made false accusations that jeopardize the professional reputation, employment, or professional certification of a teacher or other member of the school staff, according to the school district code of student conduct. Any recommendation of expulsion shall include a detailed report by the principal or the principal's designated representative on the alternative measures taken prior to the recommendation of expulsion.

(d)  The principal or the principal's designee shall include an analysis of suspensions and expulsions in the annual report of school progress.

(2)  Suspension proceedings, pursuant to rules of the State Board of Education, may be initiated against any pupil enrolled as a student who is formally charged with a felony, or with a delinquent act which would be a felony if committed by an adult, by a proper prosecuting attorney for an incident which allegedly occurred on property other than public school property, if that incident is shown, in an administrative hearing with notice provided to the parents or legal guardian or custodian of such pupil by the principal of the school pursuant to rules promulgated by the State Board of Education and to rules developed pursuant to s. 231.085, to have an adverse impact on the educational program, discipline, or welfare in the school in which the student is enrolled. Any pupil who is suspended as the result of such proceedings may be suspended from all classes of instruction on public school grounds during regular classroom hours for a period of time, which may exceed 10 days, as determined by the superintendent. Such suspension shall not affect the delivery of educational services to the pupil, and the pupil shall be immediately enrolled in a daytime alternative education program, or an evening alternative education program, where appropriate. If the court determines that the pupil did commit the felony or delinquent act which would have been a felony if committed by an adult, the school board shall have the authority to expel the student, provided that expulsion under this subsection shall not affect the delivery of educational services to the pupil in any residential, nonresidential, alternative, daytime, or evening program outside of the regular school setting. Any pupil who is subject to discipline or expulsion for unlawful possession or use of any substance controlled under chapter 893 may be entitled to a waiver of the discipline or expulsion:

(a)  If the pupil divulges information leading to the arrest and conviction of the person who supplied such controlled substance to him or her, or if the pupil voluntarily discloses his or her unlawful possession of such controlled substance prior to his or her arrest. Any information divulged which leads to such arrest and conviction is not admissible in evidence in a subsequent criminal trial against the pupil divulging such information.

(b)  If the pupil commits himself or herself, or is referred by the court in lieu of sentence, to a state-licensed drug abuse program and successfully completes the program.

(3)  A pupil may be disciplined or expelled for unlawful possession or use of any substance controlled under chapter 893 upon the third violation of this provision.

(4)  Any recommendation for the expulsion of a handicapped student shall be made in accordance with the rules promulgated by the State Board of Education.

History.--s. 626, ch. 19355, 1939; CGL 1940 Supp. 892(197); s. 15, ch. 63-376; s. 1, ch. 69-300; s. 1, ch. 72-381; s. 1, ch. 73-162; s. 16, ch. 73-331; s. 77, ch. 73-333; s. 4, ch. 76-236; s. 68, ch. 77-104; s. 1, ch. 82-216; s. 1, ch. 84-242; s. 49, ch. 85-80; s. 10, ch. 87-243; s. 11, ch. 90-208; s. 38, ch. 90-288; s. 39, ch. 91-105; s. 1, ch. 92-74; s. 139, ch. 94-209; s. 1544, ch. 95-147; s. 3, ch. 96-246; s. 16, ch. 96-369.

232.27  Authority of teacher; responsibility for control of students; school district duties.--Subject to law and to the rules of the district school board, each teacher or other member of the staff of any school shall have such authority for the control and discipline of students as may be assigned to him or her by the principal or the principal's designated representative and shall keep good order in the classroom and in other places in which he or she is assigned to be in charge of students.

(1)  Within the framework of the school district code of student conduct, teachers and other instructional personnel shall have the authority to undertake any of the following actions in managing student behavior and ensuring the safety of all students in their classes and school:

(a)  Establish classroom rules of conduct.

(b)  Establish and implement consequences, designed to change behavior, for infractions of classroom rules.

(c)  Have violent, abusive, uncontrollable, or disruptive students temporarily removed from the classroom for behavior management intervention.

(d)  Assist in enforcing school rules on school property, on school-sponsored transportation, and during school-sponsored activities.

(e)  Request and receive information as to the disposition of any referrals to the administration for violation of classroom or school rules.

(f)  Request and receive immediate assistance in classroom management if a student becomes uncontrollable or in case of emergency.

(g)  Request and receive training and other assistance to improve skills in classroom management, violence prevention, conflict resolution, and related areas.

(h)  Press charges if a crime has been committed against the teacher or other instructional personnel on school property, on school-sponsored transportation, or during school-sponsored activities.

(i)  Use reasonable force, according to standards recommended by the Education Standards Commission and the Education Practices Commission and adopted by the State Board of Education, to protect himself or herself or others from injury.

(j)  Use corporal punishment according to school board policy and at least the following procedures, if a teacher feels that corporal punishment is necessary:

1.  The use of corporal punishment shall be approved in principle by the principal before it is used, but approval is not necessary for each specific instance in which it is used. The principal shall prepare guidelines for administering such punishment which identify the types of punishable offenses, the conditions under which the punishment shall be administered, and the specific personnel on the school staff authorized to administer the punishment.

2.  A teacher or principal may administer corporal punishment only in the presence of another adult who is informed beforehand, and in the student's presence, of the reason for the punishment.

3.  A teacher or principal who has administered punishment shall, upon request, provide the pupil's parent or guardian with a written explanation of the reason for the punishment and the name of the other adult who was present.

(2)  Teachers and other instructional personnel shall have responsibility to:

(a)  Set and enforce reasonable classroom rules that treat all students equitably.

(b)  Seek professional development to improve classroom management skills when data show that they are not effective in handling minor classroom disruptions.

(c)  Maintain a positive and effective learning environment that maximizes learning and minimizes disruption.

(d)  Work with parents and other school personnel to solve discipline problems in their classrooms.

(3)  When knowledgeable of the likely risk of physical violence in the schools, the school district shall take reasonable steps to ensure that teachers, other school staff, and students are not at undue risk of violence or harm.

History.--s. 627, ch. 19355, 1939; CGL 1940 Supp. 892(198); s. 5, ch. 76-236; s. 1, ch. 77-174; s. 1, ch. 79-282; s. 1272, ch. 95-147; s. 4, ch. 96-246.

232.271  Removal by teacher.--

(1)  A teacher may send a student to the principal's office to maintain effective discipline in the classroom. The principal shall respond by employing appropriate discipline-management techniques consistent with the student code of conduct under s. 230.23.

(2)  A teacher may remove from class a student:

(a)  Who has been documented by the teacher to repeatedly interfere with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn; or

(b)  Whose behavior the teacher determines is so unruly, disruptive, or abusive that it seriously interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn.

(3)  If a teacher removes a student from class under subsection (2), the principal may place the student in another appropriate classroom, in in-school suspension, or in a dropout prevention program as provided by s. 230.2316; or the principal may recommend the student for out-of-school suspension or expulsion, as appropriate. The student may be prohibited from attending or participating in school-sponsored or school-related activities. The principal may not return the student to that teacher's class without the teacher's consent unless the committee established under s. 232.272 determines that such placement is the best or only available alternative. The teacher and the placement review committee must render decisions within 5 days of the removal of the student from the classroom.

(4)  Any teacher who removes 25 percent of his or her total class enrollment shall be required to complete professional development to improve classroom management skills.

(5)  The department shall conduct a study on the number of students who are expelled from classrooms, placement alternatives for students who are expelled, and the number of decisions by teachers that are overridden by the placement review committee. A preliminary report to the Legislature shall be submitted no later than March 1, 1997. A final report shall be submitted to the Legislature by September 1, 1997.

History.--s. 5, ch. 96-246; s. 18, ch. 96-369; s. 33, ch. 97-190.

232.272  Placement review committee.--Each school shall establish a committee to determine placement of a student when a teacher withholds consent to the return of a student to the teacher's class. Committee membership must include at least the following:

(1)  Two teachers selected by the school's faculty; and

(2)  One member from the school's staff who is selected by the principal.

The teacher who withheld consent to readmitting the student may not serve on the committee. The teacher and the placement review committee must render decisions within five days of the removal of the student from the classroom.

History.--s. 6, ch. 96-246; s. 19, ch. 96-369.

232.273  Standards for use of reasonable force.--The State Board of Education shall adopt, based on recommendations of the Education Standards Commission and the Education Practices Commission, administrative standards for the use of reasonable force by school personnel to maintain a safe and orderly learning environment. Such standards shall be distributed to each school in the state and shall provide guidance to school personnel in receiving the limitations on liability specified in s. 232.275.

History.--s. 7, ch. 96-246.

232.275  Liability of teacher or principal.--Except in the case of excessive force or cruel and unusual punishment, a teacher or other member of the instructional staff, a principal or the principal's designated representative, or a bus driver shall not be civilly or criminally liable for any action carried out in conformity with the state board and district school board rules regarding the control, discipline, suspension, and expulsion of students.

History.--s. 6, ch. 76-236; s. 1273, ch. 95-147.

232.277  Reports of suspected substance or alcohol abuse; exemption from liability.--

(1)  School personnel are required to report to the principal or principal's designee any suspected unlawful use, possession, or sale by a student of any controlled substance, as defined in s. 893.02; any counterfeit controlled substance, as defined in s. 831.31; any alcoholic beverage, as defined in s. 561.01(4); or model glue. School personnel are exempt from civil liability when reporting in good faith to the proper school authority such suspected unlawful use, possession, or sale by a student. Only a principal or principal's designee is authorized to contact a parent or legal guardian of a student regarding this situation.

(2)(a)  It is the intent of the Legislature that all school students understand that the magnitude of the harm caused by unlawful use, possession, or sale of the substances set forth in subsection (1) mandates the reporting of occurrences of such unlawful acts for prosecution or other action as appropriate.

(b)  Reports made and verified under subsection (1) shall be forwarded to an appropriate agency.

(c)  School personnel shall timely notify the student's parent, guardian, or legal custodian that a verified report made under subsection (1) with respect to the student has been made and forwarded as provided for in this subsection.

History.--s. 1, ch. 82-48; s. 98, ch. 83-217; s. 1, ch. 84-34; s. 3, ch. 92-19; s. 19, ch. 97-234.

232.28  Authority of school bus drivers; school district duties.--

(1)  The school bus driver shall preserve order and good behavior on the part of all students being transported on school buses.

(2)  The school district shall require a system of progressive discipline of transported students for actions which are prohibited by the code of student conduct. Disciplinary actions, including suspension of students from riding on school district owned or contracted school buses, shall be subject to school board policies and procedures and may be imposed by the principal or the principal's designee. The principal or the principal's designee may delegate any disciplinary authority to school bus drivers except for suspension of students from riding the bus.

(3)  The school bus driver shall have the authority to control students during the time students are on the school bus, but shall not have such authority when students are waiting at the school bus stop or when students are en route to or from the school bus stop except when the bus is present at the bus stop.

(4)  If an emergency should develop due to the conduct of students on the bus, the bus driver may take such steps as are immediately necessary to protect the students on the bus.

(5)  Bus drivers shall not be required to operate a bus under conditions in which one or more students pose a clear and present danger to the safety of the driver or other students, or the safety of the bus while in operation. The school district shall have measures in place designed to protect the bus driver from threats or physical injury from students.

(6)  School districts may use transportation, school safety, or FEFP funds to provide added security for buses transporting disruptive or delinquent students to and from school or other educational activities.

(7)  In the case of a student having engaged in violent or blatantly unsafe actions while riding the school bus, the school district shall take corrective measures to ensure, to the extent feasible, that such actions are not repeated prior to reassigning the student to the bus.

History.--s. 628, ch. 19355, 1939; CGL 1940 Supp. 892(199); s. 80, ch. 65-239; s. 1274, ch. 95-147; s. 8, ch. 96-246.

232.36  Sanitation of schools.--

(1)  The State Board of Education and the ¹Department of Health and Rehabilitative Services shall jointly adopt and promulgate all needful rules having to do with sanitation of school buildings, grounds, shops, cafeterias, toilets, school buses, laboratories, restrooms, first aid rooms, and all rooms or places in which pupils congregate in pursuit of the school duties or activities, and the school board shall see that such rules are enforced.

(2)  Each school cafeteria must post, in a visible place, its annual sanitation certificate and a copy of its most recent sanitation inspection report.

(3)  Additional rules and regulations not in conflict with state rules may be adopted by the school board and enforced through the superintendent.

History.--s. 636, ch. 19355, 1939; CGL 1940 Supp. 892(207); s. 82, ch. 65-239; ss. 19, 35, ch. 69-106; s. 1, ch. 69-300; s. 41, ch. 77-147; s. 1, ch. 95-175.

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.

232.39  Secret societies prohibited in public schools.--

(1)  It is unlawful for any person, group, or organization to organize or establish a fraternity, sorority, or other secret society in the state whose membership shall be comprised in whole or in part of pupils enrolled in any public school, whether elementary or secondary, or to go upon any public school premises for the purpose of soliciting any pupils to join such an organization.

(2)  A secret society shall be interpreted to be a fraternity, sorority, or other organization whose active membership is comprised wholly or partly of pupils enrolled in the public schools of the state and which perpetuates itself wholly or partly by taking in additional members from the pupils enrolled in public schools on the basis of the decision of its membership rather than on the right of any pupil who is qualified by the rules of the school to be a member of and take part in any class or group exercise designated and classified according to sex, subjects included in the course of study, or program of school activities fostered and promoted by the school board and superintendent or by principals of the schools.

(3)  This section shall not be construed to prevent the establishment of an organization which is fostered and promoted by the school authorities, or which is first approved and accepted by the school authorities, and whose membership is selected on the basis of good character, good scholarship, leadership ability, and achievement. Full information regarding the charter, principles, purposes, and conduct of any such accepted organization shall always be available to all students and instructional personnel of any school where same may be organized.

(4)  This section shall not be construed to relate to any junior organization or society sponsored by the Police Athletic League, Knights of Pythias, Oddfellows, Moose, Woodmen of the World, Knights of Columbus, Elks, Masons, B'nai B'rith, Young Men's and Young Women's Hebrew Associations, Young Men's and Young Women's Christian Associations, Kiwanis, Rotary, Optimist, Civitan, Exchange Clubs, Florida Federation of Garden Clubs, and Florida Federation of Women's Clubs.

History.--s. 1, ch. 21777, 1943; s. 1, ch. 24072, 1947; s. 1, ch. 26987, 1951; s. 1, ch. 28287, 1953; s. 1, ch. 63-63; s. 1, ch. 65-180; s. 1, ch. 68-10; s. 1, ch. 69-300; s. 104, ch. 72-221; s. 3, ch. 82-48.

Note.--Former s. 242.46.

232.40  Pupils prohibited from belonging to secret societies.--It shall be unlawful for any pupil enrolled in any public school whether elementary or secondary of this state to be a member of, to join or to become a member of or to pledge himself or herself to become a member of any secret fraternity, sorority or group wholly or partly formed from the membership of pupils attending such public schools or to take part in the organization or formation of any such fraternity, sorority or secret society; provided that this shall not be construed to prevent any pupil from belonging to any organization fostered and promoted by the school authorities; or which is first approved and accepted by the school authorities and whose membership is selected on the basis of good character, good scholarship, leadership ability and achievement.

History.--s. 2, ch. 21777, 1943; s. 2, ch. 24072, 1947; s. 1276, ch. 95-147.

Note.--Former s. 242.47.

232.41  School boards may prescribe regulations.--The school board of each district shall have full power and authority to enforce the provisions for carrying out the provisions of this law and to prescribe and enforce such rules and regulations as are necessary for carrying out the provisions of this law. School boards are hereby required to enforce the provisions of this law by suspending or, if necessary, expelling any pupil in any elementary or secondary school who refuses or neglects to observe these provisions.

History.--s. 3, ch. 21777, 1943; s. 1, ch. 69-300.

Note.--Former s. 242.48.

232.425  Student standards for participation in interscholastic extracurricular student activities; regulation.--

(1)  This section may be cited as the "Craig Dickinson Act."

(2)  The Legislature recognizes the importance of interscholastic extracurricular student activities as a complement to the academic curriculum. Participation in a comprehensive extracurricular and academic program contributes to student development of the social and intellectual skills necessary to become a well-rounded adult. It is the intent of the Legislature to provide the mechanism for all students in Florida to participate in interscholastic extracurricular activities. As used in this section, the term "extracurricular" means any school-authorized or education-related activity occurring during or outside the regular instructional school day.

(3)(a)  To be eligible to participate in interscholastic extracurricular student activities, a student entering the 9th grade during the 1997-1998 school year and thereafter must maintain a cumulative grade point average of 2.0 or above on a 4.0 scale, or its equivalent, in the courses required by s. 232.246(1). In order to be eligible under this section, students who entered the 9th grade prior to the 1997-1998 school year must maintain a cumulative grade point average of 2.0 or above on a 4.0 scale, or its equivalent, in the courses required by s. 232.246(1) that are taken after July 1, 1997, or have an overall cumulative grade point average of 2.0 or above. Eligibility for the first semester of the 1997-1998 school year for those students who entered the 9th grade prior to the 1997-1998 school year shall be based on the school board's policy in effect for the 1996-1997 school year. Additionally, a student must maintain satisfactory conduct and, if a student is convicted of, or is found to have committed, a felony or a delinquent act which would have been a felony if committed by an adult, regardless of whether adjudication is withheld, the student's participation in interscholastic extracurricular activities is contingent upon established and published school board policy.

(b)  Any student who is exempt from attending a full school day under s. 228.041(13) must maintain the grade point average required by this section and pass each class for which he or she is enrolled.

(c)  An individual home education student is eligible to participate at a public school, and may develop an agreement to participate at a nonpublic school, in the interscholastic extracurricular activities of that school, provided the following conditions are met:

1.  The home education student must meet the requirements of the home education program pursuant to s. 232.0201.

2.  During the period of participation at a school, the home education student must demonstrate educational progress as required in paragraph (b) in all subjects taken in the home education program by a method of evaluation agreed upon by the parent or guardian and the principal which may include: review of the student's work by a certified teacher chosen by the parent; grades earned through correspondence; grades earned in courses taken at a community college, university, or trade school; standardized test scores above the 35th percentile; or any other method designated in s. 232.0201.

3.  The home education student must meet the same residency requirements as other students in the school at which he or she participates.

4.  The home education student must meet the same standards of acceptance, behavior, and performance as required of other students in extracurricular activities.

5.  The student must register with the school his or her intent to participate in interscholastic extracurricular activities as a representative of the school before the beginning date of the season for the activity in which he or she wishes to participate. A home education student must be able to participate in curricular activities if that is a requirement for an extracurricular activity.

6.  A student who transfers from a home education program to a public school before or during the first grading period of the school year is academically eligible to participate in interscholastic extracurricular activities during the first grading period provided the student has a successful evaluation from the previous school year, pursuant to subparagraph 2.

7.  Any public school or nonpublic school student who has been unable to maintain academic eligibility for participation in interscholastic extracurricular activities is ineligible to participate in such activities as a home education student until the student has successfully completed one grading period in home education pursuant to subparagraph 2. to become eligible to participate as a home education student.

(4)  The student standards for participation in interscholastic extracurricular activities must be applied beginning with the student's first semester of the 9th grade. Each student must meet such other requirements for participation as may be established by the school district; however, a school district may not establish requirements for participation in interscholastic extracurricular activities which make participation in such activities less accessible to home education students than to other students. Except as set forth in paragraph (3)(c), evaluation processes or requirements that are placed on home education student participants may not go beyond those that apply under s. 232.0201 to home education students generally.

(5)  Any organization or entity that regulates or governs interscholastic extracurricular activities of public schools:

(a)  Shall permit home education associations to join as member schools.

(b)  Shall not discriminate against any eligible student based on an educational choice of public, nonpublic, or home education.

(6)  Public schools are prohibited from membership in any organization or entity which regulates or governs interscholastic extracurricular activities and discriminates against eligible students in public, nonpublic, or home education.

(7)  Any insurance provided by school districts for participants in extracurricular activities shall cover the participating home education student. If there is an additional premium for such coverage, the participating home education student shall pay said premium.

History.--s. 4, ch. 83-324; s. 2, ch. 83-348; s. 1, ch. 84-305; s. 5, ch. 85-109; s. 1, ch. 87-196; s. 1277, ch. 95-147; s. 1, ch. 96-174; s. 10, ch. 97-2; s. 1, ch. 97-254; s. 7, ch. 98-272.

232.426  Sponsorship of athletic activities similar to those for which scholarships offered; rulemaking.--

(1)  If a district school board sponsors an athletic activity or sport that is similar to a sport for which a university in the State University System or a Florida public community college offers an athletic scholarship, it must sponsor the athletic activity or sport for which a scholarship is offered. This section does not affect academic requirements for participation or prevent the districts or community colleges from sponsoring activities in addition to those for which scholarships are provided.

(2)  If a Florida public community college sponsors an athletic activity or sport that is similar to a sport for which a university in the State University System offers an athletic scholarship, it must sponsor the athletic activity or sport for which a scholarship is offered.

(3)  Two athletic activities or sports that are similar may be offered simultaneously.

(4)  If the level of participation is insufficient to warrant continuation of an athletic activity or sport, the school may offer an alternative athletic activity or sport.

(5)  The State Board of Education shall adopt rules to administer this section, including rules that determine which athletic activities are similar to sports for which universities and community colleges offer scholarships.

History.--s. 4, ch. 86-172; s. 1, ch. 93-202.

232.43  Insuring school students engaged in athletic activities against injury.--Any district school board, school athletic association, or school of the state may formulate, conduct, and purchase a plan or method of insuring, or may self-insure, school students against injury sustained by reason of such students engaging and participating in the athletic activities conducted or sponsored by such district school board, association, or school in which such students are enrolled. A district school board, school athletic association, or school of the state may add a surcharge to the fee charged for admission to athletic events as a means of producing revenue to purchase such insurance or to provide self-insurance. Any district school board may pay for all or part of such plan or method of insurance or self-insurance from available school board funds.

History.--s. 1, ch. 20727, 1941; s. 3, ch. 59-339; s. 1, ch. 76-86; s. 1, ch. 79-94.

Note.--Former s. 242.45.

232.433  Safety standards for cheerleaders.--The Florida High School Activities Association or successor organization shall adopt statewide uniform safety standards for student cheerleaders and spirit groups that participate in any school activity or extracurricular student activity. The Florida High School Activities Association or successor organization shall adopt the "Official High School Spirit Rules," published by the National Federation of State High School Associations, as the statewide uniform safety standards.

History.--s. 23, ch. 97-234.

232.435  Extracurricular athletic activities; athletic trainers.--

(1)  The Legislature recognizes the importance of extracurricular activities as a complement to the academic curriculum. Participation in a comprehensive extracurricular and academic program contributes to student development of the social and intellectual skills necessary to become a well-rounded adult. It is the intent of the Legislature that student safety and welfare be the foremost consideration in the conduct of these programs, and, in particular, that athletic programs be conducted with special attention to the prevention of physical injuries, minimization of severe injuries, and prevention of a recurrence of injuries.

(2)  The Legislature hereby encourages each school district to establish and implement an athletic injuries prevention and treatment program. Central to this program should be the employment and availability of persons trained in the prevention and treatment of physical injuries which may occur during athletic activities. The program should reflect opportunities for progressive advancement and compensation in employment as provided in subsection (3) and meet certain other minimum standards developed by the Department of Education pursuant to paragraph (4)(c). The goal of the Legislature is to have school districts employ and have available a full-time teacher athletic trainer in each high school in the state.

(3)(a)  To the extent practicable, a school district program should include the following employment classification and advancement scheme:

1.  Teacher apprentice trainer I.--To qualify as a teacher apprentice trainer I, a person must possess a professional, temporary, part-time, adjunct, or substitute certificate pursuant to s. 231.17, be certified in first aid and cardiopulmonary resuscitation, and have earned a minimum of 6 semester hours or the equivalent number of inservice education points in the basic prevention and care of athletic injuries.

2.  Teacher apprentice trainer II.--To qualify as a teacher apprentice trainer II, a person must meet the requirements of teacher apprentice trainer I and also have earned a minimum of 15 additional semester hours or the equivalent number of inservice education points in such courses as anatomy, physiology, use of modalities, nutrition, counseling, and other courses approved by the Commissioner of Education.

3.  Teacher athletic trainer.--To qualify as a teacher athletic trainer, a person must meet the requirements of teacher apprentice trainer II, be certified by the Department of Education or a nationally recognized athletic trainer association, and perform one or more of the following functions: preventing athletic injuries; recognizing, evaluating, managing, treating, and rehabilitating athletic injuries; administering an athletic training program; and educating and counseling athletes.

(b)  If a school district uses the services of an athletic trainer who is not a teacher athletic trainer or a teacher apprentice trainer within the requirements of this section, such athletic trainer must be licensed as required by part XIV of chapter 468.

(4)  The Department of Education shall have the following responsibilities:

(a)  To provide technical assistance to school districts seeking assistance in developing and implementing an athletic injuries prevention and treatment program.

(b)  To singly, or collectively with school districts, develop and implement one or more inservice education programs in conjunction with teacher education centers, vocational-technical centers, community colleges, or state universities that assist instructional personnel in the attainment of standards required for designation as a teacher athletic trainer. Such programs may be conducted at the district, regional, or state level.

(c)  To recommend minimum standards for developing and implementing an athletic injuries prevention and treatment program.

History.--s. 1, ch. 88-257; s. 15, ch. 95-388; s. 121, ch. 97-190.

232.44  Audit of records of nonprofit corporations and associations handling interscholastic activities.--

(1)  The Auditor General shall, at least every 6 months, audit the books and records of any nonprofit association or corporation which operates for the purpose of supervising and controlling interscholastic activities of the public high schools in the state and whose membership is composed of duly certified representatives of public high schools in the state, and whose rules and regulations are established by members thereof.

(2)  Any such nonprofit association or corporation shall keep adequate and complete records of all moneys received by it, including the source and amount, and all moneys spent by it, including salaries, fees, expenses, travel allowances, and all other items of expense. All records of any such organization shall be open for inspection by the Auditor General or the Auditor General's employees.

History.--ss. 1, 2, ch. 59-474; s. 8, ch. 69-82; s. 1278, ch. 95-147.

232.45  Eye-protective devices required in certain chemical laboratory courses.--

(1)  Eye-protective devices shall be worn by students, teachers and visitors in courses including, but not limited to, chemistry, physics, or chemical-physical laboratories, at any time at which the individual is engaged in or observing an activity or the use of hazardous substances likely to cause injury to the eyes. Activity or the use of hazardous substances likely to cause injury to the eye includes:

(a)  Heat treatment; tempering or kiln firing of any metal or other materials;

(b)  Working with caustic or explosive materials;

(c)  Working with hot liquids or solids, including chemicals which are flammable, caustic, toxic, or irritating.

(2)  School boards shall furnish plano safety glasses or devices for students, may provide such glasses to teachers, and shall furnish such equipment for all visitors to such classrooms or laboratories, or may purchase such plano safety glasses or devices in large quantities and sell them at cost to students and teachers, but shall not purchase, furnish, or dispense prescription glasses or lenses.

History.--ss. 1-4, ch. 65-526; s. 1, ch. 67-126; s. 5, ch. 67-181; s. 1, ch. 69-300; s. 57, ch. 69-353; s. 45, ch. 92-136.

232.46  Administration of medication by school district personnel.--

(1)  Notwithstanding the provisions of the Nurse Practice Act, chapter 464, school district personnel shall be authorized to assist students in the administration of prescription medication when the following conditions have been met:

(a)  Each district school board shall include in its approved school health services plan a procedure to provide training, by a registered nurse, a licensed practical nurse, a physician licensed pursuant to chapter 458 or chapter 459, or a physician assistant licensed pursuant to chapter 458 or chapter 459, to the school personnel designated by the principal to assist students in the administration of prescribed medication. Such training may be provided in collaboration with other school districts, through contract with an education consortium, or by any other arrangement consistent with the intent of this section.

(b)  Each district school board shall adopt policies and procedures governing the administration of prescription medication by school district personnel. The policies and procedures shall include, but not be limited to, the following provisions:

1.  For each prescribed medication, the student's parent or guardian shall provide to the school principal a written statement which shall grant to the principal or the principal's designee permission to assist in the administration of such medication and which shall explain the necessity for such medication to be provided during the school day, including any occasion when the student is away from school property on official school business. The school principal or the principal's trained designee shall assist the student in the administration of such medication.

2.  Each prescribed medication to be administered by school district personnel shall be received, counted, and stored in its original container. When the medication is not in use, it shall be stored in its original container in a secure fashion under lock and key in a location designated by the principal.

(2)  There shall be no liability for civil damages as a result of the administration of such medication when the person administering such medication acts as an ordinarily reasonably prudent person would have acted under the same or similar circumstances.

History.--s. 1, ch. 83-121; s. 51, ch. 85-80; s. 1279, ch. 95-147; s. 1, ch. 96-294; s. 3, ch. 98-49.

232.465  Provision of medical services; restrictions.--

(1)  Nonmedical school district personnel shall not be allowed to perform invasive medical services that require special medical knowledge, nursing judgment, and nursing assessment. The procedures include, but are not limited to:

(a)  Sterile catheterization.

(b)  Nasogastric tube feeding.

(c)  Cleaning and maintaining a tracheostomy and deep suctioning of a tracheostomy.

(2)  Nonmedical assistive personnel shall be allowed to perform health-related services upon successful completion of child-specific training by a registered nurse, a licensed practical nurse, a physician licensed pursuant to chapter 458 or chapter 459, or a physician assistant licensed pursuant to chapter 458 or chapter 459. All procedures shall be monitored periodically by the nurse. Those procedures include, but are not limited to:

(a)  Cleaning intermittent catheterization.

(b)  Gastrostomy tube feeding.

(c)  Monitoring blood glucose.

(d)  Administering emergency injectable medication.

(3)  For all other invasive medical services not listed in subsection (1) or subsection (2), a registered nurse, a licensed practical nurse, a physician licensed pursuant to chapter 458 or chapter 459, or a physician assistant licensed pursuant to chapter 458 or chapter 459 shall determine if nonmedical school district personnel shall be allowed to perform such service.

(4)  Each district school board shall establish emergency procedures in accordance with s. 381.0056(5) for life-threatening emergencies.

(5)  School district personnel shall not refer students to or offer students at school facilities contraceptive services without the consent of a parent or legal guardian. To the extent that this subsection conflicts with any provision of chapter 381, the provisions of chapter 381 control.

History.--s. 2, ch. 96-294; s. 15, ch. 97-237; s. 4, ch. 98-49.

232.47  Asthmatic students; possession of inhalers.--An asthmatic student shall be able to carry a metered dose inhaler on their person while in school when they have approval from their parents and their physician. The school principal shall be provided with a copy of the parent's and physician's approval.

History.--s. 2, ch. 93-173.

232.50  Child abuse, abandonment, and neglect policy.--Every school board shall by March 1, 1985:

(1)  Post in a prominent place in each school a notice that, pursuant to chapter 39, all employees or agents of the district school board have an affirmative duty to report all actual or suspected cases of child abuse, abandonment, or neglect, have immunity from liability if they report such cases in good faith, and have a duty to comply with child protective investigations and all other provisions of law relating to child abuse, abandonment, and neglect. The notice shall also include the statewide toll-free telephone number of the state abuse registry.

(2)  Provide that the superintendent, or the superintendent's designee, at the request of the Department of Children and Family Services, will act as a liaison to the Department of Children and Family Services and the child protection team, as defined in s. 39.01, when in a case of suspected child abuse, abandonment, or neglect or an unlawful sexual offense involving a child the case is referred to such a team; except that this subsection may in no instance be construed as relieving or restricting the Department of Children and Family Services from discharging its duty and responsibility under the law to investigate and report every suspected or actual case of child abuse, abandonment, or neglect or unlawful sexual offense involving a child.

Each district school board shall comply with the provisions of this section, and such board shall notify the Department of Education and the Department of Children and Family Services of its compliance by March 1, 1985.

History.--s. 3, ch. 84-226; s. 1280, ch. 95-147; s. 132, ch. 98-403.

232.60  Athletics; governing nonprofit organization.--The Florida High School Activities Association is designated as the governing nonprofit organization of athletics in Florida public schools, provided that the organization operates pursuant to the provisions of this act by July 15, 1997. If the Florida High School Activities Association fails to meet the provisions of this act, the Commissioner of Education shall designate a nonprofit organization to govern athletics with the approval of the State Board of Education. The organization is not to be a state agency as defined in s. 120.52. The organization shall be subject to the provisions of s. 232.44. A nonpublic school that wishes to engage in high school athletic competition with a public high school may become a member of the organization. The bylaws of the organization are to be the rules by which high school athletic programs in its member schools, and the students who participate in them, are governed, unless otherwise specifically provided by statute. For the purposes of this act, "high school" includes grades 6 through 12.

History.--s. 1, ch. 97-53.

232.61  Governing organization for athletics; adoption of bylaws.--The organization shall adopt bylaws that, unless specifically provided by statute, establish eligibility requirements for all students who participate in high school athletic competition in its member schools. The bylaws governing residence and transfer shall allow the student to be eligible in the school in which he or she first enrolls each school year, or makes himself or herself a candidate for an athletic team by engaging in a practice prior to enrolling in any member school. The student shall be eligible in that school so long as he or she remains enrolled in that school. Subsequent eligibility shall be determined and enforced through the organization's bylaws. Where the student lives, with whom the student lives, or which school the student attended the previous year shall not be a factor in determining eligibility. The organization shall also adopt bylaws that specifically prohibit the recruiting of students for athletic purposes. The bylaws shall prescribe penalties and an appeals process for athletic recruiting violations.

History.--s. 2, ch. 97-53.

232.62  Governing organization for athletics; structure.--The governing structure of the organization is as follows:

(1)  The organization shall operate as a representative democracy in which the sovereign authority is within its member schools. Except as provided in this act, the organization shall govern its affairs through its bylaws.

(2)  Each member school, on its annual application for membership, shall name its official representative to the organization. This representative must be either the principal or his or her designee. That designee must either be an assistant principal or athletic director housed within that same school.

(3)  The organization's membership shall be divided along existing county lines into four contiguous and compact administrative regions, each containing an equal or nearly equal number of member schools to ensure equitable representation on the organization's board of directors, representative assembly, and committee on appeals.

History.--s. 3, ch. 97-53.

232.63  Governing organization for athletics; board of directors.--

(1)  The executive authority of the organization shall be vested in its board of directors. The board of directors shall be composed of 15 persons, as follows:

(a)  Four public member school representatives, one elected from among its public school representative members within each of the four administrative regions.

(b)  Four nonpublic member school representatives, one elected from among its nonpublic school representative members within each of the four administrative regions.

(c)  Two representatives appointed by the Commissioner of Education, one appointed from the two northernmost administrative regions and one appointed from the two southernmost administrative regions.

(d)  Two district school superintendents, one elected from the two northernmost administrative regions by the members in those regions and one elected from the two southernmost administrative regions by the members in those regions.

(e)  Two district school board members, one elected from the two northernmost administrative regions by the members in those regions and one elected from the two southernmost administrative regions by the members in those regions.

(f)  The Commissioner of Education or his or her designee from the Department of Education executive staff.

(2)  A quorum of the board of directors shall consist of nine members.

(3)  The board of directors shall elect a president and a vice president from among its members. These officers shall also serve as officers of the organization.

(4)  Members of the board of directors shall serve terms of 3 years and are eligible to succeed themselves only once. A member of the board of directors, other than the Commissioner of Education or his or her designee, may serve a maximum of 6 consecutive years. The organization's bylaws shall establish a rotation of terms to ensure that a majority of the members' terms do not expire concurrently.

(5)  The authority and duties of the board of directors, acting as a body and in accordance with the organization's bylaws, are as follows:

(a)  To act as the incorporated organization's board of directors and to fulfill the obligations of such as required by the organization's charter and articles of incorporation.

(b)  To establish such guidelines, regulations, policies, and procedures as are authorized by the bylaws.

(c)  To provide a commissioner for the organization. The commissioner shall have the authority to waive the bylaws of the organization in order to comply with statutory changes.

(d)  To levy annual dues and other fees and to set the percentage of contest receipts which is to be collected by the organization.

(e)  To approve the budget of the organization.

(f)  To organize and conduct statewide interscholastic competitions, which may or may not lead to state championships, and to establish the terms and conditions for these competitions.

(g)  To act as an administrative board in the interpretation of, and final decision on, all questions and appeals arising from the directing of interscholastic athletics of member schools.

History.--s. 4, ch. 97-53.

232.64  Governing organization for athletics; representative assembly.--

(1)  The legislative authority of the organization is vested in its representative assembly.

(2)  The representative assembly shall be composed of the following:

(a)  An equal number of member school representatives from each of the four administrative regions.

(b)  Four district school superintendents, one elected from each of the four administrative regions by the district school superintendents in their respective administrative regions.

(c)  Four district school board members, one elected from each of the four administrative regions by the district school board members in their respective administrative regions.

(d)  The Commissioner of Education or his or her designee from the Department of Education executive staff.

(3)  The organization's bylaws shall establish the number of member school representatives to serve in the representative assembly from each of the four administrative regions and shall establish the method for their selection.

(4)  No member of the board of directors other than the Commissioner of Education or his or her designee can serve in the representative assembly.

(5)  The representative assembly shall elect a chairperson and a vice chairperson from among its members.

(6)  Elected members of the representative assembly shall serve terms of 2 years and are eligible to succeed themselves for two additional terms. An elected member, other than the Commissioner of Education or his or her designee, may serve a maximum of 6 consecutive years in the representative assembly.

(7)  A quorum of the representative assembly consists of one more than half of its members.

(8)  The authority of the representative assembly is limited to its sole duty, which is to consider, adopt, or reject any proposed amendments to the organization's bylaws.

(9)  The representative assembly shall meet as a body annually. A two-thirds majority of the votes cast by members present is required for passage of any proposal.

History.--s. 5, ch. 97-53.

232.65  Governing organization for athletics; public liaison advisory committee.--

(1)  The organization shall establish, sustain, fund, and provide staff support to a public liaison advisory committee composed of the following:

(a)  The Commissioner of Education or his or her designee.

(b)  A member public school principal.

(c)  A member nonpublic school principal.

(d)  A member school principal who is a member of a racial minority.

(e)  An active athletic director.

(f)  An active coach, who is employed full time by a member school.

(g)  A student athlete.

(h)  A district school superintendent.

(i)  A district school board member.

(j)  A member of the Florida House of Representatives.

(k)  A member of the Florida Senate.

(l)  A parent of a high school student.

(m)  A member of a home education association.

(n)  A representative of the business community.

(o)  A representative of the news media.

(2)  No member of the board of directors, committee on appeals, or representative assembly is eligible to serve on the public liaison advisory committee.

(3)  The public liaison advisory committee shall elect a chairperson and vice chairperson from among its members.

(4)  The authority and duties of the public liaison advisory committee are as follows:

(a)  To act as a conduit through which the general public may have input into the decisionmaking process of the organization and to assist the organization in the development of procedures regarding the receipt of public input and disposition of complaints related to high school athletic and competition programs.

(b)  To conduct public hearings annually in each of the four administrative regions during which interested parties may address issues regarding the effectiveness of the rules, operation, and management of the organization.

(c)  To conduct an annual evaluation of the organization as a whole and present a report of its findings, conclusion, and recommendations to the board of directors, to the Commissioner of Education, and to the respective education committees of the Florida Senate and the Florida House of Representatives. The recommendations must delineate policies and procedures that will improve the implementation and oversight of high school athletic programs by the organization.

(5)  The public liaison advisory committee shall meet four times annually. Additional meetings may be called by the committee chairperson, the organization president, or the organization commissioner.

History.--s. 6, ch. 97-53.

232.66  Governing organization for athletics; appeals.--

(1)  The organization shall establish a procedure of due process which ensures each student the opportunity to appeal an unfavorable ruling with regard to his or her eligibility to compete. The initial appeal shall be made to a committee on appeals within the administrative region in which the student lives. The organization's bylaws shall establish the number, size, and composition of the committee on appeals.

(2)  No member of the board of directors is eligible to serve on the committee on appeals.

(3)  Members of the committee on appeals shall serve terms of 3 years and are eligible to succeed themselves only once. A member of the committee on appeals may serve a maximum of 6 consecutive years. The organization's bylaws shall establish a rotation of terms to ensure that a majority of the members' terms do not expire concurrently.

(4)  The authority and duties of the committee on appeals shall be to consider requests by member schools seeking exceptions to bylaws and regulations, to hear undue hardship eligibility cases filed by member schools on behalf of student athletes, and to hear appeals filed by member schools.

(5)  A student athlete or member school that receives an unfavorable ruling from a committee on appeals shall be entitled to appeal that decision to the board of directors at its next regularly scheduled meeting or called meeting. The board of directors shall have the authority to uphold, reverse, or amend the decision of the committee on appeals. In all such cases, the decision of the board of directors shall be final.

History.--s. 7, ch. 97-53.

232.67  Governing organization for athletics; amendment of bylaws.--Each member school representative, the board of directors acting as a whole or as members acting individually, any advisory committee acting as a whole to be established by the organization, and the organization's commissioner are empowered to propose amendments to the bylaws. Any other individual may propose an amendment by securing the sponsorship of any of the aforementioned individuals or bodies. All proposed amendments must be submitted directly to the representative assembly for its consideration. The representative assembly, while empowered to adopt, reject, or revise proposed amendments, may not, in and of itself, as a body be allowed to propose any amendment for its own consideration.

History.--s. 8, ch. 97-53.

232.68  Governing organization for athletics; rules adoption.--The bylaws of the organization shall require member schools to adopt rules for sports, which have been established by a nationally recognized sanctioning body, unless waived by at least a two-thirds vote of the board of directors.

History.--s. 9, ch. 97-53.