The Florida Senate

228.001  Name.

228.002  Purpose; construction.

228.01  State plan for public education.

228.02  State system of public education established.

228.03  Scope of state system.

228.04  Uniform system of public schools included.

228.041  Definitions.

228.051  Organization and funding of required public schools.

228.053  Developmental research schools.

228.054  Joint Developmental Research School Planning, Articulation, and Evaluation Committee.

228.055  Regional autism centers.

228.056  Charter schools.

228.0561  Charter schools capital outlay funding.

228.0565  Deregulated public schools.

228.0568  Charter school financial arrangements; indemnification of the state and school district; credit or taxing power not to be pledged.

228.057  Public school parental choice.

228.058  Charter School Districts Pilot Program.

228.0581  Conversion charter school pilot program.

228.061  Other public schools; preschool programs, prekindergarten early intervention programs, school-age child care programs, special schools and courses.

228.062  Migrant education program.

228.081  Other public educational services.

228.082  The Florida On-Line High School.

228.0857  Regional consortium service organizations.

228.086  Regional centers of excellence in mathematics, science, computers, technology, and global awareness.

228.092  Retention of records of students attending nonpublic schools.

228.093  Pupil and student records and reports; rights of parents, guardians, pupils, and students; notification; penalty.

228.101  Display of flags.

228.111  School officers to turn over money and property to successors.

228.121  Nonresident tuition fee; tuition fee exemptions.

228.151  Sources of State School Fund.

228.195  School food service programs.

228.2001  Discrimination against students and employees in state system of public education; prohibitions; equality of access; strategies to overcome underrepresentation; remedies.

228.301  Test security.

228.401  Temporary assignment of professional staff among public education agencies.

228.501  Learning Development and Evaluation Center.

228.503  Dropout reentry and mentor project.

228.505  Charter technical career centers.

228.001  Name.--All of the laws of Florida relating to public education shall be known as and shall comprise "The Florida School Code."

History.--s. 2, ch. 29764, 1955; s. 1, ch. 72-221.

228.002  Purpose; construction.--The purpose of the Florida School Code is for the establishment, maintenance and support of public education in the state and the provisions thereof shall be liberally construed to the end that its objects may be effected. It is declared to be the legislative intent that if any section, subsection, sentence, clause or provision of the Florida School Code is held invalid, the remainder of the code shall not be affected.

History.--s. 3, ch. 29764, 1955; s. 1, ch. 67-181; s. 1, ch. 72-221.

228.01  State plan for public education.--It is the purpose of the state plan for public education to ensure the establishment of a state system of schools, courses, classes, institutions, and services adequate to meet the educational needs of all citizens of the state.

History.--s. 201, ch. 19355, 1939; CGL 1940 Supp. 892(20); s. 1, ch. 72-221.

228.02  State system of public education established.--There is organized and established in keeping with the state plan for public education a state system of public education which shall be maintained and supported as hereinafter provided.

History.--s. 202, ch. 19355, 1939; CGL 1940 Supp. 892(21); s. 1, ch. 72-221.

228.03  Scope of state system.--The state system of public education includes such school systems, schools, institutions, agencies, services, and types of instruction as may be provided and authorized by law, or by regulations of the state board and of the Commissioner of Education within limits prescribed by law.

History.--s. 203, ch. 19355, 1939; CGL 1940 Supp. 892(22); s. 1, ch. 72-221; s. 73, ch. 97-190.

228.04  Uniform system of public schools included.--As required by s. 1, Art. IX of the Constitution, this state system of public education shall include the uniform system of free public schools as established and which shall be liberally maintained.

History.--s. 204, ch. 19355, 1939; CGL 1940 Supp. 892(23); s. 22, ch. 69-216; s. 1, ch. 72-221.

228.041  Definitions.--Specific definitions shall be as follows, and wherever such defined words or terms are used in the Florida School Code, they shall be used as follows:

(1)  STATE SYSTEM OF PUBLIC EDUCATION.--The state system of public education shall consist of such publicly supported and controlled schools, institutions of higher education, other educational institutions, and other educational services as may be provided or authorized by the Constitution and laws of this state.

(a)  Public schools.--The public schools shall consist of kindergarten classes; elementary and secondary school grades and special classes; adult, part-time, vocational, and evening schools, courses, or classes authorized by law to be operated under the control of school boards; and developmental research schools to be operated under the control of the State University System.

(b)  Community colleges.--Community colleges shall consist of all educational institutions which are operated by local community college district boards of trustees under specific authority and regulations of the State Board of Education and which offer courses and programs of general and academic education parallel to that of the first and second years of work in institutions in the State University System, of career education, and of adult continuing education.

(c)  Institutions of higher education.--The institutions of higher education shall consist of all state-supported educational institutions offering work above the public school level, other than community colleges, that are authorized and established by law, together with all activities and services authorized by law to be administered by or through each of those institutions.

(d)  Other educational institutions.--Other state-supported institutions primarily of an educational nature shall be considered parts of the state system of public education. The educational functions of other state-supported institutions which are not primarily of an educational nature but which have specific educational responsibilities shall be considered responsibilities belonging to the state system of public education.

(e)  Other education-related services.--Other education-related services may include health services, and other special services and functions as may be authorized by law or rule as necessary to improve, promote, or protect the education system.

(f)  Florida School for the Deaf and the Blind.--The Florida School for the Deaf and the Blind is a part of the state system of education.

(2)  DISTRICT SCHOOL SYSTEM.--A district school system is a part of the state system of public education and shall consist of all schools, courses, agencies, and services under the control of a school board.

(3)  SCHOOL DISTRICT.--A school district is a district created and existing pursuant to s. 4, Art. IX of the State Constitution.

(4)  SCHOOL DISTRICT MILLAGE ELECTION.--A school district millage election is the election which may be held at any time for the purpose of voting the school district tax levy, except that not more than one election shall be held during any 12-month period.

(5)  SCHOOL.--A school is an organization of pupils for instructional purposes on an elementary, secondary, or other public school level, approved under regulations of the Commissioner of Education or state board.

(6)  SCHOOL CENTER.--A school center is a place of location of any school or schools on the same or on adjacent sites or on a site under the control of the principal and within a reasonable distance of the main center as prescribed by regulations of the Commissioner of Education.

(7)  SCHOOL PLANT.--A school plant includes all physical features incident to or necessary to accommodate pupils and teachers and the activities of the educational program of each school center. It includes site, playgrounds and equipment, athletic field, the school building or buildings with all their mechanical and educational equipment, gymnasiums, vocational buildings, bus sheds, teachers' homes, and other equipment wherever located necessary to provide an adequate school program.

(8)  SCHOOL OFFICERS.--The officers of the state system of public education shall be the Commissioner of Education and the members of the State Board of Education; and, for each district school system, the officers shall be the superintendent of schools and members of the school board.

(9)  INSTRUCTIONAL PERSONNEL.--"Instructional personnel" means any staff member whose function includes the provision of direct instructional services to students. Instructional personnel also includes personnel whose functions provide direct support in the learning process of students. Included in the classification of instructional personnel are:

(a)  Classroom teachers.--Classroom teachers are staff members assigned the professional activity of instructing students in courses in classroom situations, including basic instruction, exceptional student education, and vocational-technical and adult education, including substitute teachers.

(b)  Pupil personnel services.--Pupil personnel services include staff members responsible for: advising students with regard to their abilities and aptitudes, educational and occupational opportunities, and personal and social adjustments; providing placement services; performing educational evaluations; and similar functions. Included in this classification are guidance counselors, social workers, occupational/placement specialists, and school psychologists.

(c)  Librarians/media specialists.--Librarians/media specialists are staff members responsible for providing school library media services. These employees are responsible for evaluating, selecting, organizing, and managing media and technology resources, equipment, and related systems; facilitating access to information resources beyond the school; working with teachers to make resources available in the instructional programs; assisting teachers and students in media productions; and instructing students in the location and use of information resources.

(d)  Other instructional staff.--Other instructional staff are staff members who are part of the instructional staff but are not classified in one of the categories specified in paragraphs (a)-(c). Included in this classification are primary specialists, learning resource specialists, instructional trainers, and similar positions.

(e)  Instructional paraprofessionals.--Instructional paraprofessionals are individuals who are under the direct supervision of an instructional staff member, aiding the instructional process. Included in this classification are classroom paraprofessionals in regular instruction, exceptional education paraprofessionals, career education paraprofessionals, adult education paraprofessionals, library paraprofessionals, physical education and playground paraprofessionals, and other school-level paraprofessionals.

(10)  ADMINISTRATIVE PERSONNEL.--"Administrative personnel" includes personnel who perform management activities such as developing broad policies for the school district and executing those policies through the direction of personnel at all levels within the district. Administrative personnel are generally high-level, responsible personnel who have been assigned the responsibilities of systemwide or schoolwide functions, such as superintendents, assistant superintendents, deputy superintendents, principals, assistant principals, vocational center directors, and others who perform management activities. Broad classifications of administrative personnel are as follows:

(a)  District-based instructional administrators.--Included in this classification are persons with district-level administrative or policymaking duties who have broad authority for management policies and general school district operations related to the instructional program. Such personnel often report directly to the superintendent and supervise other administrative employees. This classification includes assistant, associate, or deputy superintendents and directors of major instructional areas, such as curriculum, federal programs such as Title I, specialized instructional program areas such as exceptional student education, career education, and similar areas.

(b)  District-based noninstructional administrators.--Included in this classification are persons with district-level administrative or policymaking duties who have broad authority for management policies and general school district operations related to the noninstructional program. Such personnel often report directly to the superintendent and supervise other administrative employees. This classification includes assistant, associate, or deputy superintendents and directors of major noninstructional areas, such as personnel, construction, facilities, transportation, data processing, and finance.

(c)  School administrators.--Included in this classification are:

1.  Principals or school directors who are staff members performing the assigned activities as the administrative head of a school and to whom have been delegated responsibility for the coordination and administrative direction of the instructional and noninstructional activities of the school. This classification also includes vocational center directors.

2.  Assistant principals who are staff members assisting the administrative head of the school. This classification also includes assistant principals for curriculum and administration.

(11)  PARENT AND SCHOOL PATRON.--The terms "parent" and "school patron" shall be interpreted to refer to either or both parents, to any guardian, or to any person who is in a parental relationship to a child or who is exercising supervisory authority in place of a parent over a child of public school age.

(12)  SCHOOL GRADE.--A school grade is one of the divisions or sections of the public school program which represents the work of a school year.

(13)  SCHOOL DAY.--A school day for any group of students is that portion of the day in which school is actually in session and shall comprise not less than 5 net hours, excluding intermissions, for all grades above the third; not less than 4 net hours for the first three grades; and not less than 3 net hours for kindergarten or prekindergarten students with disabilities, or the equivalent as calculated on a weekly basis. The net hours specified in this subsection shall consist only of instruction in an approved course of study and shall exclude all noninstructional activities as defined by rules of the Commissioner of Education. Three of the last days of the 90-day term, and of the 180-day term, may be designated by the district school board as final examination days for secondary school students. These final examination days shall consist of no less than 4 net hours, excluding intermissions. The minimum length of the school day herein specified may be decreased under rules which shall be adopted by the state board for double session schools or programs, experimental schools, or schools operating under emergency conditions.

(14)  SCHOOL HOLIDAY.--A school holiday is a legal or other prescribed holiday falling on a regular school day during which schools are authorized in accordance with regulations of the state board not to be in session.

(15)  SCHOOL VACATION PERIOD.--That period of the school year beginning on or before December 24 and continuing for a period of time to be fixed by the school board, which shall include January 1, shall be set apart as a vacation period, and during that time schools shall not be in session; and that time shall not be considered a part of the school month. Any period when schools are not in session between the end of one school year and the beginning of the next school year shall also be considered a school vacation period.

(16)  SCHOOL YEAR.--The school year shall comprise the period during which the schools are regularly in session for the minimum number of 180 days of instruction or the equivalent on an hourly basis for pupils as specified by regulations of the state board for pupils plus periods for preschool and postschool conferences as approved under regulations of the state board. A district school board may decrease the minimum number of days of instruction by up to 4 days for 12th grade pupils for purposes of graduation without proportionate reduction in funding.

(17)  SCHOOL FISCAL YEAR.--The school fiscal year shall begin on July 1 and shall end at the close of June 30 in each and every year.

(18)  EXCEPTIONAL STUDENT.--The term "exceptional student" means any child or youth who has been determined eligible for a special program in accordance with rules of the Commissioner of Education or the State Board of Education. The term "exceptional students" includes students who are gifted and students with disabilities who are mentally handicapped, speech and language impaired, deaf or hard of hearing, visually impaired, dual sensory impaired, physically impaired, emotionally handicapped, specific learning disabled, hospital and homebound, autistic, developmentally delayed children, ages birth through 5 years, or children with established conditions, ages birth through 2 years.

(19)  SPECIAL EDUCATION SERVICES.--The term "special education services" means instruction and such related services as are necessary for the student to benefit from education. Such services may include: transportation; diagnostic and evaluation services; social services; physical and occupational therapy; job placement; orientation and mobility training; braillists, typists, and readers for the blind; interpreters and auditory amplification; rehabilitation counseling; transition services; mental health services; guidance and career counseling; specified materials, assistive technology devices, and other specialized equipment; and other such services as approved by regulations of the state board.

(20)  YEAR OF SERVICE.--The minimum time which may be recognized in administering the state program of education, not including retirement, as a year of service by a school employee shall be full-time actual service; and, beginning July 1963, such service shall also include sick leave and holidays for which compensation was received but shall exclude all other types of leave and holidays for a total of more than one-half of the number of days required for the normal contractual period of service for the position held, which shall be 196 days or longer, or the minimum required for the district to participate in the Florida Education Finance Program in the year service was rendered, or the equivalent for service performed on a daily or hourly basis; provided, further, that absence from duty after the date of beginning service shall be covered by leave duly authorized and granted; further, the school board shall have authority to establish a different minimum for local district school purposes.

(21)  COMMUNITY COLLEGE DISTRICT.--A community college district is a part of the state system of public education. It shall consist of such centers, courses, and services as are authorized by the State Board of Education under control of the district board of trustees.

(22)  CAREER EDUCATION.--"Career education" is vocational education that provides instruction for the following purposes:

(a)  At the elementary, middle, and secondary school levels, exploratory courses designed to give students initial exposure to a broad range of occupations to assist them in preparing their academic and occupational plans, and practical arts courses that provide generic skills that may apply to many occupations but are not designed to prepare students for entry into a specific occupation. Vocational and career instruction provided before high school completion must be designed to enhance both vocational and academic skills through integration with academic instruction.

(b)  At the secondary school level, job-preparatory instruction in the competencies that prepare students for effective entry into an occupation, including diversified cooperative education, work experience, and job-entry programs that coordinate directed study and on-the-job training.

(c)  At the postsecondary education level, courses of study that provide vocational competencies needed for entry into specific occupations or for advancement within an occupation.

(23)  EDUCATION PARAPROFESSIONAL.--An education paraprofessional is any paid person appointed by a school board to assist members of the instructional staff in carrying out their instructional or professional duties and responsibilities.

(24)  SCHOOL VOLUNTEER.--A school volunteer is any nonpaid person who may be appointed by a school board or its designee. School volunteers may include, but may not be limited to, parents, senior citizens, students, and others who assist the teacher or other members of the school staff.

(25)  SUSPENSION.--

(a)  Suspension, also referred to as out-of-school suspension, is the temporary removal of a student from all classes of instruction on public school grounds and all other school-sponsored activities, except as authorized by the principal or the principal's designee, for a period not to exceed 10 school days and remanding of the student to the custody of the student's parent with specific homework assignments for the student to complete.

(b)  In-school suspension is the temporary removal of a student from the student's regular school program and placement in an alternative program, such as that provided in s. 230.2316, under the supervision of school district personnel, for a period not to exceed 10 school days.

(26)  EXPULSION.--Expulsion is the removal of the right and obligation of a student to attend a public school under conditions set by the school board, and for a period of time not to exceed the remainder of the term or school year and 1 additional year of attendance. Expulsions may be imposed with or without continuing educational services and shall be reported accordingly.

(27)  CORPORAL PUNISHMENT.--Corporal punishment is the moderate use of physical force or physical contact by a teacher or principal as may be necessary to maintain discipline or to enforce school rule. However, the term "corporal punishment" does not include the use of such reasonable force by a teacher or principal as may be necessary for self-protection or to protect other students from disruptive students.

(28)  HABITUAL TRUANT.--A habitual truant is a student who has 15 unexcused absences within 90 calendar days with or without the knowledge or consent of the student's parent or legal guardian, is subject to compulsory school attendance under s. 232.01, and is not exempt under s. 232.06 or s. 232.09, or by meeting the criteria for any other exemption specified by law or rules of the State Board of Education. Such a student must have been the subject of the activities specified in ss. 232.17 and 232.19, without resultant successful remediation of the truancy problem before being dealt with as a child in need of services according to the provisions of chapter 984.

(29)  DROPOUT.--A dropout is a student who meets any one or more of the following criteria:

(a)  The student has voluntarily removed himself or herself from the school system before graduation for reasons that include, but are not limited to, marriage, or the student has withdrawn from school because he or she has failed the statewide student assessment test and thereby does not receive any of the certificates of completion;

(b)  The student has not met the relevant attendance requirements of the school district pursuant to State Board of Education rules, or the student was expected to attend a school but did not enter as expected for unknown reasons, or the student's whereabouts are unknown;

(c)  The student has withdrawn from school, but has not transferred to another public or private school or enrolled in any vocational, adult, home education, or alternative educational program;

(d)  The student has withdrawn from school due to hardship, unless such withdrawal has been granted under the provisions of s. 322.091, court action, expulsion, medical reasons, or pregnancy; or

(e)  The student is not eligible to attend school because of reaching the maximum age for an exceptional student program in accordance with the district's policy.

The State Board of Education may adopt rules to implement the provisions of this subsection.

(30)  ALTERNATIVE MEASURES FOR STUDENTS WITH SPECIAL NEEDS.--Alternative measures for students with special needs are measures designed to meet the special needs of a student that cannot be met by regular school curricula, including, but not limited to, student services, parent conferences, physical examinations, remedial techniques, educational alternatives, and properly supervised activities relating to the upkeep and maintenance of school facilities, notwithstanding the provisions of chapter 450 to the contrary.

(31)  SCHOOL DISTRICT AD VALOREM MILLAGE.--School district millage shall be defined as provided in s. 200.001(3).

(32)  MATRICULATION FEE.--The basic fee charged to a student for instruction provided by a public postsecondary educational institution in this state. A charge for any other purpose shall not be included within this fee.

(33)  TUITION.--The additional fee for instruction provided by a public postsecondary educational institution in this state, which fee is charged to a non-Florida student as defined in rules of the State Board of Education, the State Board of Community Colleges, or the Board of Regents. A charge for any other purpose shall not be included within this fee.

(34)  HOME EDUCATION PROGRAM.--A home education program is sequentially progressive instruction of a student directed by his or her parent or guardian in order to satisfy the requirements of ss. 232.01 and 232.0201.

(35)  HOMELESS CHILD.--A homeless child is one whose primary nighttime residence is in a supervised publicly or privately operated shelter for temporary accommodations or in a public or private place not designated for, or ordinarily used for, continuing human habitation.

(36)  PERFORMANCE STANDARD.--The term "performance standard" means a measurable objective that specifies an outcome at the school level which fulfills or partially fulfills a goal.

(37)  YEAR-ROUND SCHOOL.--The term "year-round school" means a school where each student receives at least 180 days of instruction as provided for in subsection (16); however, rather than attending school for 8 or 9 consecutive months with consecutive months for vacation or beyond 180-day school year instructional periods, students are offered educational opportunities over an 11-month or 12-month period, with shorter, staggered vacation periods or beyond 180-day school year instructional periods throughout the year.

(38)  EDUCATIONAL SUPPORT EMPLOYEES.--"Educational support employees" means employees whose job functions are neither administrative nor instructional, yet whose work supports the educational process.

(a)  Other professional staff or nonadministrative/noninstructional employees are staff members who perform professional job functions which are nonadministrative/noninstructional in nature and who are not otherwise classified in this section. Included in this classification are employees such as doctors, nurses, attorneys, certified public accountants, and others appropriate to the classification.

(b)  Technicians are individuals whose occupations require a combination of knowledge and manual skill which can be obtained through about 2 years of post-high school education, such as is offered in many technical institutes and community colleges, or through equivalent on-the-job training.

(c)  Clerical/secretarial workers are individuals whose job requires skills and training in clerical-type work, including activities such as preparing, transcribing, systematizing, or preserving written communications and reports or operating equipment performing those functions. Included in this classification are secretaries, bookkeepers, messengers, and office machine operators.

(d)  Skilled crafts workers are individuals who perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the-job training and experience or through apprenticeship or other formal training programs. Lead workers for the various skilled crafts areas shall be included in this classification.

(e)  Service workers are staff members performing a service for which there are no formal qualifications, including those responsible for: cleaning the buildings, school plants, or supporting facilities; maintenance and operation of such equipment as heating and ventilation systems; preserving the security of school property; and keeping the school plant safe for occupancy and use. Lead workers in the various service areas shall be included in this broad classification.

(39)  MANAGERS.--"Managers" includes those staff members who perform managerial and supervisory functions while usually also performing general operations functions. Managers may be either instructional or noninstructional in their responsibility. They may direct employees' work, plan the work schedule, control the flow and distribution of work or materials, train employees, handle complaints, authorize payments, and appraise productivity and efficiency of employees. This classification includes coordinators and supervisors working under the general direction of those staff identified as district-based instructional or noninstructional administrators.

(40)  GRADUATION RATE.--The term "graduation rate" means the percentage of students who graduate from high school within 4 years after entering 9th grade for the first time, not counting students who transfer out of the student population to enroll in another school system; students who withdraw to enroll in a private school, a home education program, or an adult education program; or deceased students. Incoming transfer students, at the time of their enrollment, are included in the count of the class with which they are scheduled to graduate. For this rate calculation, students are counted as graduates upon receiving a standard high school diploma, as provided in s. 232.246, or a special diploma, as provided in s. 232.247. Also counted as graduates are students 19 years of age or younger who receive a general equivalency diploma, as provided in s. 229.814. The number of 9th grade students used in the calculation of a graduation rate for this state shall be students enrolling in the grade for the first time. In conjunction with calculating the graduation rate for this state, the Department of Education shall conduct a study to evaluate the impact of the rate of students who withdraw from high school to attend adult education programs and the students in exceptional student education programs. The department shall report its findings to the Legislature by February 1, 2000. The Department of Education may calculate a 5-year graduation rate using the same methodology described in this section.

¹(41)  HABITUAL TRUANCY RATE.--The term "habitual truancy rate" means the annual percentage of students in membership within the age of compulsory school attendance pursuant to s. 232.01 who are classified as habitual truants as defined in subsection (28).

(42)  DROPOUT RATE.--The term "high school dropout rate" means the annual percentage calculated by dividing the number of students in grades 9 through 12 who are classified as dropouts, pursuant to subsection (29), by the total number of students in grades 9-12 in attendance at any time during the school year. The Department of Education shall report the number of students initially classified as students who transfer to an adult education program but who do not enroll in an adult education program.

(43)  SCHOOL YEAR FOR JUVENILE JUSTICE PROGRAMS.--For schools operating for the purpose of providing educational services to youth in Department of Juvenile Justice programs, the school year shall be comprised of 250 days of instruction distributed over 12 months. A district school board may decrease the minimum number of days of instruction by up to 10 days for teacher planning.

(44)  JUVENILE JUSTICE PROVIDER.--"Juvenile justice provider" means the Department of Juvenile Justice or a private, public, or other governmental organization under contract with the Department of Juvenile Justice which provides treatment, care and custody, or educational programs for youth in juvenile justice intervention, detention, or commitment programs.

History.--s. 2, ch. 19203, 1939; CGL 892(216); s. 46, ch. 23726, 1947; s. 4, ch. 29764, 1955; ss. 1, 2, ch. 57-217; ss. 1, 2, ch. 59-371; s. 1, ch. 61-288; s. 1, ch. 63-495; s. 1, ch. 63-376; s. 1, ch. 65-183; ss. 1, 2, 13, ch. 65-239; s. 1, ch. 65-506; s. 1, ch. 67-387; s. 1, ch. 67-438; ss. 1, 2, 3, ch. 68-5; ss. 1, 10, ch. 68-24; s. 1, ch. 69-171; s. 29, ch. 69-216; s. 1, ch. 69-300; s. 7, ch. 69-344; ss. 1, 17, ch. 69-402; s. 1, ch. 70-193; s. 1, ch. 71-76; s. 1, ch. 71-95; s. 1, ch. 71-162; s. 1, ch. 71-164; s. 1, ch. 71-192; s. 1, ch. 71-193; s. 1, ch. 71-289; ss. 52, 53, ch. 71-355; s. 1, ch. 72-221; s. 25, ch. 73-345; s. 16, ch. 74-227; ss. 1, 2, ch. 74-351; s. 3, ch. 75-284; s. 2, ch. 75-306; s. 1, ch. 76-236; ss. 1, 2, ch. 77-274; s. 8, ch. 78-416; s. 12, ch. 78-423; s. 43, ch. 80-274; ss. 2, 16, ch. 80-295; s. 1, ch. 81-193; s. 1, ch. 82-138; s. 26, ch. 82-154; s. 32, ch. 83-324; s. 10, ch. 83-326; ss. 14, 23, ch. 83-327; s. 6, ch. 83-348; s. 2, ch. 84-255; s. 2, ch. 84-336; s. 2, ch. 85-109; ss. 1, 3, ch. 85-144; s. 28, ch. 86-156; s. 1, ch. 87-64; ss. 1, 50, ch. 87-329; s. 3, ch. 88-317; s. 8, ch. 88-557; s. 21, ch. 89-278; ss. 14, 23, ch. 89-298; s. 2, ch. 89-302; s. 1, ch. 89-304; s. 1, ch. 90-16; s. 1, ch. 90-49; ss. 26, 37, ch. 90-288; s. 2, ch. 91-105; s. 7, ch. 91-283; s. 32, ch. 92-136; s. 3, ch. 93-198; s. 135, ch. 94-209; ss. 27, 54, ch. 94-232; s. 1, ch. 94-303; s. 1520, ch. 95-147; s. 63, ch. 95-267; s. 1, ch. 96-269; s. 5, ch. 96-369; ss. 31, 74, 117, ch. 97-190; s. 5, ch. 97-234; s. 19, ch. 97-246; s. 9, ch. 97-307; s. 1, ch. 98-272; s. 16, ch. 98-280; s. 1, ch. 98-292; s. 41, ch. 99-284; s. 43, ch. 99-398; s. 1, ch. 2000-235.

¹Note.--As amended by s. 31, ch. 97-190. The material that became subsections (40)-(42) was also amended by s. 117, ch. 97-190, and that version included flush left material applicable to the text that became subsections (40)-(42). Subsections (40) and (42) were amended without reference to the flush left material by s. 43, ch. 99-398; subsection (41) was not; the flush left material reads:


The Commissioner of Education may adopt rules to implement this subsection.

Note.--Former s. 242.17; s. 236.161; s. 229.0118; subsections (40)-(42) former s. 232.2468(1).

228.051  Organization and funding of required public schools.--The public schools of the state shall provide 13 consecutive years of instruction, beginning with kindergarten, and shall also provide such instruction for exceptional children and youth in Department of Juvenile Justice programs as may be required by law. The funds for support and maintenance of such schools shall be derived from state, district, federal, or other lawful sources or combinations of sources and shall include any tuition fees charged nonresidents as provided by law. Public schools, institutions, and agencies providing this instruction shall constitute the uniform system of free public schools prescribed by Art. IX of the State Constitution.

History.--ss. 213, 216, ch. 19355, 1939; CGL 1940 Supp. 892(32), (35); s. 2, ch. 23726, 1947; s. 9, ch. 29764, 1955; s. 3, ch. 57-252; s. 1, ch. 59-388; s. 7, ch. 65-239; s. 5, ch. 68-5; s. 1, ch. 68-12; ss. 2, 4, ch. 68-24; s. 22, ch. 69-216; s. 1, ch. 69-300; s. 1, ch. 72-221; s. 7, ch. 79-288; s. 3, ch. 80-295; s. 42, ch. 99-284.

Note.--Former ss. 228.13 and 228.16.

228.053  Developmental research schools.--

(1)  SHORT TITLE.--This section may be cited as the "Sidney Martin Developmental Research School Act."

(2)  ESTABLISHMENT.--There is established a category of public schools to be known as developmental research schools. Each developmental research school shall provide sequential instruction and shall be affiliated with the college of education within the state university of closest geographic proximity. A developmental research school to which a charter has been issued under s. 228.056(4)(e) must be affiliated with the college of education within the state university that issued the charter, but is not subject to the requirement that the state university be of closest geographic proximity. For the purpose of state funding, Florida Agricultural and Mechanical University, Florida Atlantic University, Florida State University, the University of Florida, and other universities approved by the Board of Regents, the State Board of Education, and the Legislature are authorized to sponsor developmental research schools.

(3)  MISSION.--The mission of a developmental research school shall be the provision of a vehicle for the conduct of research, demonstration, and evaluation regarding management, teaching, and learning. Programs to achieve the mission of a developmental research school shall embody the goals and standards established pursuant to ss. 229.591 and 229.592 and shall ensure an appropriate education for its students.

(a)  Each developmental research school shall emphasize mathematics, science, computer science, and foreign languages. The primary goal of a developmental research school is to enhance instruction and research in such specialized subjects by using the resources available on a state university campus, while also providing an education in nonspecialized subjects. Each developmental research school shall provide sequential elementary and secondary instruction where appropriate. A developmental research school may not provide instruction at grade levels higher than grade 12 without authorization from the State Board of Education. Each developmental research school shall develop and implement a school improvement plan pursuant to s. 230.23(16).

(b)  Research, demonstration, and evaluation conducted at a developmental research school may be generated by the college of education with which the school is affiliated.

(c)  Research, demonstration, and evaluation conducted at a developmental research school may be generated by the Education Standards Commission. Such research shall respond to the needs of the education community at large, rather than the specific needs of the affiliated college.

(d)  Research, demonstration, and evaluation conducted at a developmental research school may consist of pilot projects to be generated by the affiliated college, the Education Standards Commission, or the Legislature.

(e)  The exceptional education programs offered at a developmental research school shall be determined by the research and evaluation goals and the availability of students for efficiently sized programs. The fact that a developmental research school offers an exceptional education program in no way lessens the general responsibility of the local school district to provide exceptional education programs.

(4)  STUDENT ADMISSIONS.--Each developmental research school may establish a primary research objective related to fundamental issues and problems which occur in the public elementary and secondary schools of the state. A student population reflective of the student population of the public school environment in which the issues and problems are most prevalent shall be promoted and encouraged through the establishment and implementation of an admission process, notwithstanding the provisions of s. 228.2001, which is designed to result in a representative sample of public school enrollment based on sex, race, socioeconomic status, and academic ability.

(5)  STUDENT FEES.--Each developmental research school may charge a student activity and service fee. Any school that elects to charge such a fee shall provide information regarding the use of the fee as well as an annual report that documents the manner in which the moneys provided by such fee were expended. The annual report prescribed in this subsection shall be distributed to the parents or guardians of each student. No additional fees shall be charged.

(6)  SUPPLEMENTAL-SUPPORT ORGANIZATIONS.--Each developmental research school may accrue supplemental revenue from voluntary-support organizations, which include, but are not limited to, alumni associations, foundations, parent-teacher associations, and booster associations. The governing body of each supplemental-support organization shall recommend the expenditure of moneys collected by the organization for the benefit of the school. Such expenditures shall be contingent upon the recommendations of the school advisory council and review of the director. The director may override any proposed expenditure of the organization that would violate Florida Statutes or breach sound educational management.

(7)  PERSONNEL.--

(a)  Each developmental research school may employ either a director or a principal, or both, at the discretion of the university. The duties of such personnel shall be as follows:

1.  Each director shall be the chief executive officer and shall oversee the education, research, and evaluation goals of the school. The director shall be responsible for recommending policy to the advisory board. The director shall be accountable for the financial resources of the school.

2.  Each principal shall be the chief educational officer and shall oversee the educational program of the school. The principal shall be accountable for the daily operation and administration of the school.

(b)  Faculty may serve simultaneously as instructional personnel for the developmental research school and the university with which the school is affiliated. Nothing in this section is intended to affect the collective bargaining rights of developmental research school employees, except as specifically provided in this section.

(c)  Developmental research school faculty members shall meet the certification requirements of ss. 231.02, 231.095, and 231.096, by the 1995-1996 school year.

(8)  ADVISORY BOARDS.--Each public school in the state shall establish a school advisory council that is reflective of the population served by the school, pursuant to s. 229.58, and is responsible for the development and implementation of the school improvement plan pursuant to s. 230.23(16). Developmental research schools shall comply with the provisions of s. 229.58 in one of two ways:

(a)  Two advisory bodies.--Each developmental research school may:

1.  Establish an advisory body pursuant to the provisions and requirements of s. 229.58 to be responsible for the development and implementation of the school improvement plan, pursuant to s. 230.23(16).

2.  Establish an advisory board to provide general oversight and guidance. The dean of the affiliated college of education shall be a standing member of the board, and the president of the university shall appoint three faculty members from the college of education, one layperson who resides in the county in which the school is located, and two parents or legal guardians of students who attend the developmental research school to serve on the advisory board. The term of each member shall be for 2 years, and any vacancy shall be filled with a person of the same classification as his or her predecessor for the balance of the unexpired term. The president shall stagger the terms of the initial appointees in a manner that results in the expiration of terms of no more than two members in any year. The president shall call the organizational meeting of the board. The board shall annually elect a chair and a vice chair. There shall be no limitation on successive appointments to the board or successive terms that may be served by a chair or vice chair. The board shall adopt internal organizational procedures or bylaws necessary for efficient operation as provided in chapter 120. Board members shall not receive per diem or travel expenses for the performance of their duties. The board shall:

a.  Meet at least quarterly.

b.  Monitor the operations of the school and the distribution of moneys allocated for such operations.

c.  Establish necessary policy, program, and administration modifications.

d.  Evaluate biennially the performance of the director and principal and recommend corresponding action to the dean of the college of education.

e.  Annually review evaluations of the school's operation and research findings.

(b)  One advisory body.--Each developmental research school may establish an advisory body responsible for the development and implementation of the school improvement plan, pursuant to s. 230.23(16), in addition to general oversight and guidance responsibilities. The advisory body shall reflect the membership composition requirements established in s. 229.58, but may also include membership by the dean of the college of education and additional members appointed by the president of the university that represent faculty members from the college of education, the university, or other bodies deemed appropriate for the mission of the school.

(9)  FUNDING.--Funding for a developmental research school, including a developmental research school to which a charter has been issued under s. 228.056(4)(e), shall be provided as follows:

(a)  Each developmental research school shall be allocated its proportional share of operating funds from the Florida Education Finance Program as provided in s. 236.081 and the General Appropriations Act. The nonvoted ad valorem millage that would otherwise be required for developmental research schools shall be allocated from state funds. The required local effort funds calculated pursuant to s. 236.081 shall be allocated from state funds to the schools as a part of the allocation of operating funds pursuant to s. 236.081. Each eligible developmental research school shall also receive a proportional share of the sparsity supplement as calculated pursuant to s. 236.081. In addition, each developmental research school shall receive its proportional share of all categorical funds, with the exception of s. 236.083, and new categorical funds enacted after July 1, 1994, for the purpose of elementary or secondary academic program enhancement. The sum of funds available as provided in this paragraph shall be included annually in the Florida Education Finance Program and appropriate categorical programs funded in the General Appropriations Act.

(b)  There is created a Developmental Research School Educational Facility Trust Fund to be administered by the Commissioner of Education. Allocations from such fund shall be expended solely for the purpose of facility construction, repair, renovation, remodeling, site improvement, or maintenance. The commissioner shall administer the fund in accordance with ss. 235.41-235.435.

(c)  All operating funds provided under this section shall be deposited in a Developmental Research School Trust Fund in the State Treasury and shall be expended for the purposes of this section. The university assigned a developmental research school shall be the fiscal agent for these funds, and all rules of the university governing the budgeting and expenditure of state funds shall apply to these funds unless otherwise provided by law or rule of the State Board of Education. The Board of Regents shall be the public employer of developmental research school personnel for collective bargaining purposes.

(d)  Each developmental research school shall receive funds for operating purposes in an amount determined as follows: multiply the maximum allowable nonvoted discretionary millage for operations pursuant to s. 236.25(1) by the value of 95 percent of the current year's taxable value for school purposes for the district in which each developmental research school is located; divide the result by the total full-time equivalent membership of the district; and multiply the result by the full-time equivalent membership of the developmental research school. The amount thus obtained shall be discretionary operating funds and shall be appropriated from state funds in the General Appropriations Act to the Developmental Research School Trust Fund.

(e)  Each developmental research school shall receive funds for capital improvement purposes in an amount determined as follows: multiply the maximum allowable nonvoted discretionary millage for capital improvements pursuant to s. 236.25(2) by the value of 95 percent of the current year's taxable value for school purposes for the district in which each developmental research school is located; divide the result by the total full-time equivalent membership of the district; and multiply the result by the full-time equivalent membership of the developmental research school. The amount thus obtained shall be discretionary capital improvement funds and shall be appropriated from state funds in the General Appropriations Act to the Developmental Research School Educational Facility Trust Fund.

(f)  In addition to the funds appropriated for capital outlay budget needs, developmental research schools may receive specific funding as specified in the General Appropriations Act for upgrading, renovating, and remodeling science laboratories.

(g)  Each developmental research school is designated a teacher education center and may provide inservice training to school district personnel. The Department of Education shall provide funds to the Developmental Research School Trust Fund for this purpose from appropriations for inservice teacher education.

(h)  A developmental research school to which a charter has been issued under s. 228.056(4)(e) is eligible to receive funding for charter school capital outlay if it meets the eligibility requirements of s. 228.0561. If the developmental research school receives funds from charter school capital outlay, the school shall receive capital outlay funds otherwise provided in this subsection only to the extent that funds allocated pursuant to s. 228.0561 are insufficient to provide capital outlay funds to the developmental research school at one-fifteenth of the cost per student station.

(10)  IMPLEMENTATION.--The State Board of Education shall adopt any rules necessary to facilitate the implementation of this section.

(11)  AUDIT.--

(a)  The Auditor General shall include developmental research schools within the scope of his or her annual financial and compliance audits of the State University System. The Auditor General shall further conduct compliance and program audits of such schools no less than once every 10 years.

(b)  A report of the audit findings shall be provided to the school audited, the State Board of Education, the President of the Senate, and the Speaker of the House of Representatives.

(12)  EXCEPTIONS TO LAW.--To encourage innovative practices and facilitate the mission of the developmental research schools, in addition to the exceptions to law specified in s. 229.592, the following exceptions shall be permitted for developmental research schools:

(a)  The methods and requirements of the following statutes shall be held in abeyance: ss. 230.01; 230.02; 230.03; 230.04; 230.05; 230.061; 230.10; 230.105; 230.11; 230.12; 230.15; 230.16; 230.17; 230.173; 230.18; 230.19; 230.201; 230.202; 230.21; 230.22; 230.2318; 230.24; 230.241; 230.26; 230.28; 230.30; 230.303; 230.31; 230.32; 230.321; 230.33; 230.35; 230.39; 230.63; 230.64; 230.643; 234.01; 234.021; 236.25; 236.261; 236.29; 236.31; 236.32; 236.35; 236.36; 236.37; 236.38; 236.39; 236.40; 236.41; 236.42; 236.43; 236.44; 236.45; 236.46; 236.47; 236.48; 236.49; 236.50; 236.51; 236.52; 236.55; 236.56; 237.051; 237.071; 237.091; 237.201; 237.40; and 316.75. With the exception of subsection (16) of s. 230.23, s. 230.23 shall be held in abeyance. Reference to school boards in s. 230.23(16) shall mean the president of the university or the president's designee.

(b)  The following statutes or related rules may be waived for any developmental research school so requesting, provided the general statutory purpose of each section is met and the developmental research school has submitted a written request to the Joint Developmental Research School Planning, Articulation, and Evaluation Committee for approval pursuant to this subsection: ss. 229.555; 231.291; 232.2462; 233.34; 237.01; 237.02; 237.031; 237.041; 237.061; 237.081; 237.111; 237.121; 237.131; 237.141; 237.151; 237.161; 237.162; 237.171; 237.181; 237.211; and 237.34. Notwithstanding reference to the responsibilities of the superintendent or school board in chapter 237, developmental research schools shall follow the policy intent of the chapter and shall, at least, adhere to the general state agency accounting procedures established in s. 11.46.

1.  Two or more developmental research schools may jointly originate a request for waiver and submit the request to the committee if such waiver is approved by the school advisory council of each developmental research school desiring the waiver.

2.  A developmental research school may submit a request to the committee for a waiver if such request is presented by a school advisory council established pursuant to s. 229.58, if such waiver is required to implement a school improvement plan required by s. 230.23(16), and if such request is made using forms established pursuant to s. 229.592. The Joint Developmental Research School Planning, Articulation, and Evaluation Committee shall monitor the waiver activities of all developmental research schools and shall report annually to the department, in conjunction with the feedback report required pursuant to s. 229.592, the number of waivers requested and submitted to the committee by developmental research schools, and the number of such waiver requests not approved. For each waiver request not approved, the committee shall report the statute or rule for which the waiver was requested, the rationale for the developmental research school request, and the reason the request was not approved.

(c)  The written request for waiver of statute or rule shall indicate at least how the general statutory purpose will be met, how granting the waiver will assist schools in improving student outcomes related to the student performance standards adopted pursuant to s. 229.592, and how student improvement will be evaluated and reported. In considering any waiver, the committee shall ensure protection of the health, safety, welfare, and civil rights of the students and protection of the public interest.

(d)  Notwithstanding the request provisions of s. 229.592, developmental research schools shall request all waivers through the Joint Developmental Research School Planning, Articulation, and Evaluation Committee, as established in s. 228.054. The committee shall approve or disapprove said requests pursuant to this subsection and s. 229.592; however, the Commissioner of Education shall have standing to challenge any decision of the committee should it adversely affect the health, safety, welfare, or civil rights of the students or public interest. The department shall immediately notify the committee and developmental research school of the decision and provide a rationale therefor.

History.--s. 2, ch. 90-49; s. 55, ch. 94-232; s. 16, ch. 94-292; s. 2, ch. 94-319; s. 1521, ch. 95-147; s. 32, ch. 95-269; s. 45, ch. 97-190; s. 95, ch. 99-2; s. 16, ch. 99-326; s. 17, ch. 99-398; s. 10, ch. 2000-152; s. 7, ch. 2000-306; s. 23, ch. 2000-331; s. 5, ch. 2000-339.

228.054  Joint Developmental Research School Planning, Articulation, and Evaluation Committee.--

(1)  The Commissioner of Education and the Chancellor of the State University System shall each appoint three persons to serve on a Joint Developmental Research School Planning, Articulation, and Evaluation Committee. For administrative purposes, the committee shall be under the Department of Education. The commissioner shall also appoint a seventh member to serve as chair.

(2)  The committee shall have the duty and responsibility to:

(a)  Annually review Board of Regents and Department of Education rules for conflicts or barriers and provide the Commissioner of Education with recommendations for necessary revisions or new rules and guidelines to implement provisions relating to developmental research schools.

(b)  Review annual evaluation studies of developmental research schools.

(c)  Periodically provide statutory, regulatory, funding, and other recommendations to the Commissioner of Education and the Legislature to improve the implementation of provisions relating to developmental research schools.

(d)  Provide assistance to schools in the waiver process established under s. 228.053(12), review and approve or disapprove waivers requested pursuant to ss. 228.053(12) and 229.592, and annually review, identify, and report to the Legislature additional barriers and statutes that hinder the implementation of s. 228.053.

History.--s. 5, ch. 90-49; s. 5, ch. 91-429; s. 3, ch. 94-319; s. 1522, ch. 95-147; s. 18, ch. 99-398; s. 27, ch. 2000-158.

228.055  Regional autism centers.--

(1)  Six regional autism centers are established to provide nonresidential resource and training services for persons of all ages and of all levels of intellectual functioning who have autism, as defined in s. 393.063; who have a pervasive developmental disorder that is not otherwise specified; who have an autistic-like disability; who have a dual sensory impairment; or who have a sensory impairment with other handicapping conditions. Each center shall be operationally and fiscally independent and shall provide services within its geographical region of the state. Each center shall coordinate services within and between state and local agencies and school districts but may not duplicate services provided by those agencies or school districts. The respective locations and service areas of the centers are:

(a)  The Department of Communication Disorders at Florida State University, which serves Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and Washington Counties.

(b)  The College of Medicine at the University of Florida, which serves Alachua, Bradford, Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando, Lafayette, Levy, Marion, Putnam, Suwannee, and Union Counties.

(c)  The University of Florida Health Science Center at Jacksonville, which serves Baker, Clay, Duval, Flagler, Nassau, and St. Johns Counties.

(d)  The Louis de la Parte Florida Mental Health Institute at the University of South Florida, which serves Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands, Hillsborough, Indian River, Lee, Manatee, Martin, Okeechobee, Pasco, Pinellas, Polk, St. Lucie, and Sarasota Counties.

(e)  The Mailman Center for Child Development at the University of Miami, which serves Broward, Dade, Monroe, and Palm Beach Counties.

(f)  The College of Health and Public Affairs at the University of Central Florida, which serves Brevard, Lake, Orange, Osceola, Seminole, Sumter, and Volusia Counties.

(2)  There is established for each center a constituency board, which shall work collaboratively with the center. Each board shall consist of no fewer than six members, each of whom is either an individual who has a disability that is described in subsection (1) or is a member of a family that includes a person who has such a disability, who are selected by each university president from a list that has been developed by the Autism Society of Florida and other relevant constituency groups that represent persons who have sensory impairments as described in subsection (1). As representatives of the center's constituencies, these boards shall meet quarterly with the staff of each of the centers to provide advice on policies, priorities, and activities. Each board shall submit to the university president and to the Department of Education an annual report that evaluates the activities and accomplishments of its center during the year.

(3)  To promote statewide planning and coordination, a conference must be held annually for staff from each of the five centers and representatives from each center's constituency board. The purpose of the conference is to facilitate coordination, networking, cross-training, and feedback among the staffs and constituency boards of the centers.

(4)  Each center shall provide:

(a)  A staff that has expertise in autism and autistic-like behaviors and in sensory impairments.

(b)  Individual and direct family assistance in the home, community, and school. A center's assistance should not supplant other responsibilities of state and local agencies, and each school district is responsible for providing an appropriate education program for clients of a center who are school age.

(c)  Technical assistance and consultation services, including specific intervention and assistance for a client of the center, the client's family, and the school district, and any other services that are appropriate.

(d)  Professional training programs that include developing, providing, and evaluating preservice and inservice training in state-of-the-art practices for personnel who work with the populations served by the centers and their families.

(e)  Public education programs to increase awareness of the public about autism, autistic-related disabilities of communication and behavior, dual sensory impairments, and sensory impairments with other handicapping conditions.

(5)  The Department of Education, in cooperation with the regional autism centers, shall adopt the necessary rules to carry out the purposes of this section.

History.--s. 1, ch. 93-54; s. 1, ch. 96-148; s. 2, ch. 98-65; s. 96, ch. 99-2.

Note.--Former s. 393.0697.

228.056  Charter schools.--

(1)  AUTHORIZATION.--The creation of charter schools is hereby authorized. Charter schools shall be part of the state's program of public education. All charter schools in Florida are fully recognized as public schools. A charter school may be formed by creating a new school or converting an existing public school to charter status.

(2)  PURPOSE.--The purpose of charter schools shall be to:

(a)  Improve student learning.

(b)  Increase learning opportunities for all students, with special emphasis on expanded learning experiences for students who are identified as academically low achieving.

(c)  Encourage the use of different and innovative learning methods.

(d)  Increase choice of learning opportunities for students.

(e)  Establish a new form of accountability for schools.

(f)  Require the measurement of learning outcomes and create innovative measurement tools.

(g)  Make the school the unit for improvement.

(h)  Create new professional opportunities for teachers, including the opportunity to own the learning program at the school site.

(3)  APPLICATION; UNLAWFUL REPRISAL.--

(a)  An application for a new charter school may be made by an individual, teachers, parents, a group of individuals, a municipality, or a legal entity organized under the laws of this state. The district school board or the principal, teachers, parents, and/or the school advisory council at an existing public school, including a public school-within-a-school that is designated as a school by the district school board, shall submit any application for converting the school to a charter school. An application submitted proposing to convert an existing public school to a charter school shall demonstrate the support of at least 50 percent of the teachers employed at the school and 50 percent of the parents voting whose children are enrolled at the school, provided that a majority of the parents eligible to vote participate in the ballot process, according to procedures established by rules of the state board. A private school, parochial school, or home education program shall not be eligible for charter school status.

(b)  No district school board, or district school board employee who has control over personnel actions, shall take unlawful reprisal against another district school board employee because that employee is either directly or indirectly involved with an application to establish a charter school. As used in this subsection, the term "unlawful reprisal" means an action taken by a district school board or a school system employee against an employee who is directly or indirectly involved in a lawful application to establish a charter school, which occurs as a direct result of that involvement, and which results in one or more of the following: disciplinary or corrective action; adverse transfer or reassignment, whether temporary or permanent; suspension, demotion, or dismissal; an unfavorable performance evaluation; a reduction in pay, benefits, or rewards; elimination of the employee's position absent of a reduction in force as a result of lack of moneys or work; or other adverse significant changes in duties or responsibilities that are inconsistent with the employee's salary or employment classification. The following procedures shall apply to an alleged unlawful reprisal which occurs as a consequence of an employee's direct or indirect involvement with an application to establish a charter school:

1.  Within 60 days after a reprisal prohibited by this subsection, an employee may file a complaint with the Department of Education.

2.  Within 3 working days after receiving a complaint under this section, the department shall acknowledge receipt of the complaint and provide copies of the complaint and any other relevant preliminary information available to each of the other parties named in the complaint, which parties shall each acknowledge receipt of such copies to the complainant.

3.  If the department determines that the complaint demonstrates reasonable cause to suspect that an unlawful reprisal has occurred, the department shall conduct an investigation to produce a fact-finding report.

4.  Within 90 days after receiving the complaint, the department shall provide the superintendent of schools of the complainant's district and the complainant with a fact-finding report that may include recommendations to the parties or proposed resolution of the complaint. The fact-finding report shall be presumed admissible in any subsequent or related administrative or judicial review.

5.  If the department determines that reasonable grounds exist to believe that an unlawful reprisal has occurred, is occurring, or is to be taken, and is unable to conciliate a complaint within 60 days after receipt of the fact-finding report, the department shall terminate the investigation. Upon termination of any investigation, the department shall notify the complainant and the superintendent of schools of the termination of the investigation, providing a summary of relevant facts found during the investigation and the reasons for terminating the investigation. A written statement under this paragraph is presumed admissible as evidence in any judicial or administrative proceeding.

6.  The department shall either contract with the Division of Administrative Hearings under s. 120.65, or otherwise provide for a complaint for which the department determines reasonable grounds exist to believe that an unlawful reprisal has occurred, is occurring, or is to be taken, and is unable to conciliate, to be heard by a panel of impartial persons. Upon hearing the complaint, the panel must make findings of fact and conclusions of law for a final decision by the department.

It shall be an affirmative defense to any action brought pursuant to this section that the adverse action was predicated upon grounds other than, and would have been taken absent, the employee's exercise of rights protected by this section.

(c)  In any action brought under this section for which it is determined reasonable grounds exist to believe that an unlawful reprisal has occurred, is occurring, or is to be taken, the relief must include the following:

1.  Reinstatement of the employee to the same position held before the unlawful reprisal was commenced, or to an equivalent position, or payment of reasonable front pay as alternative relief.

2.  Reinstatement of the employee's full fringe benefits and seniority rights, as appropriate.

3.  Compensation, if appropriate, for lost wages, benefits, or other lost remuneration caused by the unlawful reprisal.

4.  Payment of reasonable costs, including attorney's fees, to a substantially prevailing employee, or to the prevailing employer if the employee filed a frivolous action in bad faith.

5.  Issuance of an injunction, if appropriate, by a court of competent jurisdiction.

6.  Temporary reinstatement to the employee's former position or to an equivalent position, pending the final outcome on the complaint, if it is determined that the action was not made in bad faith or for a wrongful purpose, and did not occur after a district school board's initiation of a personnel action against the employee which includes documentation of the employee's violation of a disciplinary standard or performance deficiency.

(4)  SPONSOR.--A district school board may sponsor a charter school in the county over which the board has jurisdiction.

(a)  A district school board shall receive and review all applications for a charter school. A district school board shall receive and consider charter school applications received on or before October 1 of each calendar year for charter schools to be opened at the beginning of the school district's next school year, or to be opened at a time agreed to by the applicant and the district school board. A district school board may receive applications later than this date if it chooses. In order to facilitate an accurate budget projection process, a district school board shall be held harmless for FTE students which are not included in the FTE projection due to approval of charter school applications after the FTE projection deadline. In a further effort to facilitate an accurate budget projection, within 15 calendar days after receipt of a charter school application, a district school board or other sponsor shall report to the Department of Education the name of the applicant entity, the proposed charter school location, and its projected FTE. A district school board must by a majority vote approve or deny an application no later than 60 calendar days after the application is received, unless the district school board and the applicant mutually agree to temporarily postpone the vote to a specific date, at which time the district school board must by a majority vote approve or deny the application. If the district school board fails to act on the application, an applicant may appeal to the State Board of Education as provided in paragraph (b). If an application is denied, the district school board must, within 10 calendar days, articulate in writing the specific reasons based upon good cause supporting its denial of the charter application. For budget projection purposes, the district school board or other sponsor shall report to the department the approval or denial of a charter application within 10 calendar days after such approval or denial. In the event of approval, the report to the department must include the final projected FTE for the approved charter school. Upon approval of a charter application, the initial startup must be consistent with the beginning of the public school calendar for the district in which the charter is granted unless the district school board allows a waiver of this provision for good cause.

(b)  An applicant may appeal any denial of that applicant's application or failure to act on an application to the State Board of Education no later than 30 calendar days after the district school board's decision or failure to act and shall notify the district school board of its appeal. Any response of the school board shall be submitted to the state board within 30 calendar days after notification of the appeal. The state board must by majority vote accept or reject the decision of the district school board no later than 60 calendar days after an appeal is filed in accordance with state board rule. The state board may reject an appeal submission for failure to comply with procedural rules governing the appeals process. The rejection shall describe the submission errors. The appellant may have up to 15 calendar days from notice of rejection to resubmit an appeal that meets requirements of rule. An application for appeal submitted subsequent to such rejection shall be considered timely if the original appeal was filed within 30 calendar days after the school board denial. The state board shall remand the application to the district school board with its written recommendation that the district board approve or deny the application consistent with the state board's decision. The decision of the State Board of Education is not subject to the provisions of the Administrative Procedure Act, chapter 120.

(c)  The district school board must act upon the recommendation of the State Board of Education within 30 calendar days after it is received. The district board may fail to act in accordance with the recommendation of the state board only for good cause. Good cause for failing to act in accordance with the state board's recommendation arises only if the district school board determines by competent substantial evidence that approving the state board's recommendation would be contrary to law or contrary to the best interests of the pupils or the community. The district school board must articulate in written findings the specific reasons based upon good cause supporting its failure to act in accordance with the state board's recommendation. The district board's action on the state board's recommendation is a final action subject to judicial review.

(d)  The Department of Education may provide technical assistance to an applicant upon written request.

(e)  Paragraph (a) notwithstanding, a state university may grant a charter to a developmental research school created under s. 228.053. In considering such charter, the state university must consult with the district school board of the county in which the developmental research school is located. The decision of a state university may be appealed pursuant to the procedure established in this subsection.

(f)  The terms and conditions for the operation of a charter school shall be set forth by the sponsor and the applicant in a written contractual agreement, called a charter. The sponsor shall not impose unreasonable rules or regulations that violate the intent of giving charter schools greater flexibility to meet educational goals. The applicant and sponsor shall have 6 months in which to mutually agree to the provisions of the charter. The Department of Education shall provide mediation services for any dispute regarding this section subsequent to the approval of a charter application, except disputes regarding charter school application denials. If the Commissioner of Education determines that the dispute cannot be settled through mediation, the dispute may be appealed to an administrative law judge appointed by the Division of Administrative Hearings. The administrative law judge may rule on issues of equitable treatment of the charter school as a public school, whether proposed provisions of the charter violate the intended flexibility granted charter schools by statute, or on any other matter regarding this section except a charter school application denial, and shall award the prevailing party reasonable attorney's fees and costs incurred to be paid by the losing party. The costs of the administrative hearing shall be paid by the party whom the administrative law judge rules against.

(g)  The sponsor shall monitor and review the charter school in its progress towards the goals established in the charter.

(h)  The sponsor shall monitor the revenues and expenditures of the charter school.

(5)  NUMBER OF SCHOOLS.--

(a)  The number of newly created charter schools is limited to no more than 28 in each school district that has 100,000 or more students, no more than 20 in each school district that has 50,000 to 99,999 students, and no more than 12 in each school district with fewer than 50,000 students.

(b)  An existing public school which converts to a charter school shall not be counted towards the limit established by paragraph (a).

Notwithstanding any limit established by this subsection, a district school board or a charter school applicant shall have the right to request an increase of the limit on the number of charter schools authorized to be established within the district from the State Board of Education.

(6)  ELIGIBLE STUDENTS.--

(a)  A charter school shall be open to any student covered in an interdistrict agreement or residing in the school district in which the charter school is located; however, in the case of a developmental research school created under s. 228.053 to which a charter has been issued under paragraph (4)(e), the charter school shall be open to any student eligible to attend the developmental research school as provided in s. 228.053 or who resides in the school district in which the charter school is located. Any eligible student shall be allowed interdistrict transfer to attend a charter school when based on good cause. When a public school converts to charter status, enrollment preference shall be given to students who would have otherwise attended that public school. A charter school may give enrollment preference to a sibling of a student enrolled in the charter school, to the child of a member of the governing board of the charter school, or to the child of an employee of the charter school.

(b)  The charter school shall enroll an eligible student who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building. In such case, all applicants shall have an equal chance of being admitted through a random selection process.

(c)  A charter school may limit the enrollment process only to target the following student populations:

1.  Students within specific age groups or grade levels.

2.  Students considered at risk of dropping out of school or academic failure. Such students shall include exceptional education students.

3.  Students enrolling in a charter school-in-the-workplace established pursuant to subsection (22).

4.  Students residing within a reasonable distance of the charter school, as described in paragraph (13)(c). Such students shall be subject to a random lottery and to the racial/ethnic balance provisions described in subparagraph (9)(a)8. or any federal provisions which require a school to achieve a racial/ethnic balance reflective of the community it serves or within the racial/ethnic range of other public schools in the same school district.

(d)  A student may withdraw from a charter school at any time and enroll in another public school as determined by school board policy.

(e)  Students with handicapping conditions and students served in English for Speakers of Other Languages programs shall have an equal opportunity of being selected for enrollment in a charter school.

(7)  LEGAL ENTITY.--A charter school shall organize as, or be operated by, a nonprofit organization. A charter school may be operated by a municipality or other public entity as provided for by law. As such, the charter school may be either a private or a public employer. As a public employer, a charter school may participate in the Florida Retirement System upon application and approval as a "covered group" under s. 121.021(34). If a charter school participates in the Florida Retirement System, the charter school employees shall be compulsory members of the Florida Retirement System. As either a private or a public employer, a charter school may contract for services with an individual or group of individuals who are organized as a partnership or a cooperative. Individuals or groups of individuals who contract their services to the charter school are not public employees.

(8)  REQUIREMENTS.--

(a)  A charter school shall be nonsectarian in its programs, admission policies, employment practices, and operations.

(b)  A charter school shall admit students as provided in subsection (6).

(c)  A charter school shall be accountable to its sponsor for performance as provided in subsection (9).

(d)  A charter school shall not charge tuition or fees, except those fees normally charged by other public schools. However, a developmental research school to which a charter has been issued pursuant to paragraph (4)(e) may charge a student activity and service fee as authorized by s. 228.053(5).

(e)  A charter school shall meet all applicable state and local health, safety, and civil rights requirements.

(f)  A charter school shall not violate the antidiscrimination provisions of s. 228.2001.

(g)  A charter school shall be subject to an annual financial audit in a manner similar to that of a school district.

(h)  No organization shall hold more than 15 charters statewide.

(i)  In order to provide financial information that is comparable to that reported for other public schools, charter schools are to maintain all financial records which constitute their accounting system in accordance with the accounts and codes prescribed in the most recent issuance of the publication titled "Financial and Program Cost Accounting and Reporting for Florida Schools." Charter schools are to provide annual financial report and program cost report information in the state-required formats for inclusion in district reporting in compliance with s. 236.02(1). Charter schools which are operated by a municipality or are a component unit of a parent nonprofit organization may use the accounting system of the municipality or the parent, but must reformat this information for reporting according to this paragraph.

(9)  CHARTER.--The major issues involving the operation of a charter school shall be considered in advance and written into the charter. The charter shall be signed by the governing body of the charter school and the sponsor, following a public hearing to ensure community input.

(a)  The charter shall address, and criteria for approval of the charter shall be based on:

1.  The school's mission, the students to be served, and the ages and grades to be included.

2.  The focus of the curriculum, the instructional methods to be used, and any distinctive instructional techniques to be employed.

3.  The current incoming baseline standard of student academic achievement, the outcomes to be achieved, and the method of measurement that will be used. This section shall include a detailed description for each of the following:

a.  How the baseline student academic achievement levels and prior rates of academic progress will be established.

b.  How these baseline rates will be compared to rates of academic progress achieved by these same students while attending the charter school.

c.  To the extent possible, how these rates of progress will be evaluated and compared with rates of progress of other closely comparable student populations.

4.  The methods used to identify the educational strengths and needs of students and how well educational goals and performance standards are met by students attending the charter school. Students in charter schools shall, at a minimum, participate in the statewide assessment program.

5.  In secondary charter schools, a method for determining that a student has satisfied the requirements for graduation in s. 232.246.

6.  A method for resolving conflicts between the governing body of the charter school and the sponsor.

7.  The admissions procedures and dismissal procedures, including the school's code of student conduct.

8.  The ways by which the school will achieve a racial/ethnic balance reflective of the community it serves or within the racial/ethnic range of other public schools in the same school district.

9.  The financial and administrative management of the school, including a reasonable demonstration of the professional experience or competence of those individuals or organizations applying to operate the charter school or those hired or retained to perform such professional services. Both public sector and private sector professional experience shall be equally valid in such a consideration.

10.  The manner in which the school will be insured, including whether or not the school will be required to have liability insurance, and, if so, the terms and conditions thereof and the amounts of coverage.

11.  The term of the charter which shall provide for cancellation of the charter if insufficient progress has been made in attaining the student achievement objectives of the charter and if it is not likely that such objectives can be achieved before expiration of the charter. The initial term of a charter shall be for 3, 4, or 5 years. In order to facilitate access to long-term financial resources for charter school construction, charter schools that are operated by a municipality or other public entity as provided by law are eligible for up to a 15-year charter, subject to approval by the local school board. A developmental research school is eligible for a charter for a term of up to 15 years issued by a state university pursuant to paragraph (4)(e). In addition, to facilitate access to long-term financial resources for charter school construction, charter schools that are operated by a private, not-for-profit, s. 501(c)(3) status corporation are eligible for up to a 10-year charter, subject to approval by the local school board. Such long-term charters remain subject to annual review and may be terminated during the term of the charter, but only for specific good cause according to the provisions set forth in subsection (10).

12.  The facilities to be used and their location.

13.  The qualifications to be required of the teachers.

14.  The governance structure of the school, including the status of the charter school as a public or private employer as required in subsection (7).

15.  A timetable for implementing the charter which addresses the implementation of each element thereof and the date by which the charter shall be awarded in order to meet this timetable.

16.  In the case of an existing public school being converted to charter status, alternative arrangements for current students who choose not to attend the charter school and for current teachers who choose not to teach in the charter school after conversion in accordance with the existing collective bargaining agreement or school board policy in the absence of a collective bargaining agreement. However, alternative arrangements shall not be required for current teachers who choose not to teach in a developmental research school to which a charter has been issued pursuant to paragraph (4)(e), except as authorized by the employment policies of the state university which grants the charter to the developmental research school.

(b)  A charter may be renewed every 5 school years, provided that a program review demonstrates that the criteria in paragraph (a) have been successfully accomplished and that none of the grounds for nonrenewal established by paragraph (10)(a) have been documented. In order to facilitate long-term financing for charter school construction, charter schools operating for a minimum of 2 years and demonstrating exemplary academic programming and fiscal management are eligible for a 15-year charter renewal. Such long-term charter is subject to annual review and may be terminated during the term of the charter.

(c)  A charter may be modified during its initial term or any renewal term upon the recommendation of the sponsor or the charter school governing board and the approval of both parties to the agreement.

(d)  The governing body of the charter school shall make annual progress reports to its sponsor, which upon verification shall be forwarded to the Commissioner of Education at the same time as other annual school accountability reports. The report shall contain at least the following information:

1.  The charter school's progress towards achieving the goals outlined in its charter.

2.  The information required in the annual school report pursuant to s. 229.592.

3.  Financial records of the charter school, including revenues and expenditures.

4.  Salary and benefit levels of charter school employees.

(e)  A sponsor shall ensure that the charter is innovative and consistent with the state education goals established by s. 229.591.

(f)  Upon receipt of the annual report required by paragraph (d), the Department of Education shall provide to the State Board of Education, the Commissioner of Education, the President of the Senate, and the Speaker of the House of Representatives an analysis and comparison of the overall performance of charter school students, to include all students whose scores are counted as part of the state assessment program, versus comparable public school students in the district as determined by the state assessment program currently administered in the school district, and, as appropriate, the Florida Writes Assessment Test, the High School Competency Test, and other assessments administered pursuant to s. 229.57(3).

(g)  Whenever a municipality has submitted charter applications for the establishment of a charter school feeder pattern (elementary, middle, and senior high schools), and upon approval of each individual charter application by the district school board, such applications will then be designated as one charter for all purposes listed pursuant to this section.

¹(10)  CAUSES FOR NONRENEWAL OR TERMINATION.--

(a)  At the end of the term of a charter, the sponsor may choose not to renew the charter for any of the following grounds:

1.  Failure to meet the requirements for student performance stated in the charter.

2.  Failure to meet generally accepted standards of fiscal management.

3.  Violation of law.

4.  Other good cause shown.

(b)  During the term of a charter, the sponsor may terminate the charter for any of the grounds listed in paragraph (a).

(c)  At least 90 days prior to renewing or terminating a charter, the sponsor shall notify the governing body of the school of the proposed action in writing. The notice shall state in reasonable detail the grounds for the proposed action and stipulate that the school's governing body may, within 14 calendar days after receiving the notice, request an informal hearing before the sponsor. The sponsor shall conduct the informal hearing within 30 calendar days after receiving a written request. The charter school's governing body may, within 14 calendar days after receiving the sponsor's decision to terminate or refuse to renew the charter, appeal the decision pursuant to the procedure established in subsection (4).

(d)  A charter may be terminated immediately if the sponsor determines that good cause has been shown or if the health, safety, or welfare of the students is threatened. The school district in which the charter school is located shall assume operation of the school under these circumstances.

(e)  When a charter is not renewed or is terminated, the school shall be dissolved under the provisions of law under which the school was organized, and any unencumbered funds from the charter school shall revert to the district school board. In the event a charter school is dissolved or is otherwise terminated, all district school board property and improvements, furnishings, and equipment purchased with public funds shall automatically revert to full ownership by the district school board, subject to complete satisfaction of any lawful liens or encumbrances.

(f)  If a charter is not renewed or is terminated, the governing body of the school is responsible for all debts of the charter school. The district may not assume the debt from any contract for services made between the governing body of the school and a third party, except for a debt that is previously detailed and agreed upon in writing by both the district and the governing body of the school and that may not reasonably be assumed to have been satisfied by the district.

(g)  If a charter is not renewed or is terminated, a student who attended the school may apply to, and shall be enrolled in, another public school. Normal application deadlines shall be disregarded under such circumstances.

(11)  EXEMPTION FROM STATUTES.--A charter school shall operate in accordance with its charter and shall be exempt from all statutes of the Florida School Code, except those specifically applying to charter schools; those pertaining to the provision of services to students with disabilities; those pertaining to civil rights, including s. 228.2001, relating to discrimination; and those pertaining to student health, safety, and welfare; or as otherwise required by this section. A charter school shall not be exempt from the following statutes: chapter 119, relating to public records, and s. 286.011, relating to public meetings and records, public inspection, and penalties. The sponsor, upon request of a charter school, may apply to the Commissioner of Education for a waiver of provisions of chapters 230-239 which are applicable to charter schools under this section, except that the provisions of chapter 236 or chapter 237 shall not be eligible for waiver if the waiver would affect funding allocations or create inequity in public school funding. The commissioner may grant the waiver if necessary to implement the school program.

(12)  EMPLOYEES OF CHARTER SCHOOLS.--

(a)  A charter school shall select its own employees. A charter school may contract with its sponsor for the services of personnel employed by the sponsor.

(b)  Charter school employees shall have the option to bargain collectively. Employees may collectively bargain as a separate unit or as part of the existing district collective bargaining unit as determined by the structure of the charter school.

(c)  The employees of a conversion charter school shall remain public employees for all purposes, unless such employees choose not to do so.

(d)  The teachers at a charter school may choose to be part of a professional group that subcontracts with the charter school to operate the instructional program under the auspices of a partnership or cooperative that they collectively own. Under this arrangement, the teachers would not be public employees.

(e)  Employees of a school district may take leave to accept employment in a charter school upon the approval of the district school board. While employed by the charter school and on leave that is approved by the school board, the employee may retain seniority accrued in that school district and may continue to be covered by the benefit programs of that school district, if the charter school and the district school board agree to this arrangement and its financing. School districts shall not require resignations of teachers desiring to teach in a charter school. This paragraph shall not prohibit a school board from approving alternative leave arrangements consistent with chapter 231.

(f)  Teachers employed by or under contract to a charter school shall be certified as required by chapter 231. A charter school governing board may employ or contract with skilled selected noncertified personnel to provide instructional services or to assist instructional staff members as education paraprofessionals in the same manner as defined in chapter 231, and as provided by State Board of Education rule for charter school governing boards. A charter school may not employ an individual to provide instructional services or to serve as an education paraprofessional if the individual's certification or licensure as an educator is suspended or revoked by this or any other state. A charter school may not knowingly employ an individual who has resigned from a school district in lieu of disciplinary action with respect to child welfare or safety, or who has been dismissed for just cause by any school district with respect to child welfare or safety. The qualifications of teachers shall be disclosed to parents.

(g)  A charter school shall employ or contract with employees who have been fingerprinted as provided in s. 231.02. Members of the governing board of the charter school shall also be fingerprinted in a manner similar to that provided in s. 231.02.

(13)  REVENUE.--Students enrolled in a charter school, regardless of the sponsorship, shall be funded as if they are in a basic program or a special program, the same as students enrolled in other public schools in the school district. Funding for a chartered developmental research school shall be as provided in s. 228.053(9).

(a)  Each charter school shall report its student enrollment to the district school board as required in s. 236.081, and in accordance with the definitions in s. 236.013. The district school board shall include each charter school's enrollment in the district's report of student enrollment.

(b)  The basis for the agreement for funding students enrolled in a charter school shall be the sum of the school district's operating funds from the Florida Education Finance Program as provided in s. 236.081 and the General Appropriations Act, including gross state and local funds, discretionary lottery funds, and funds from the school district's current operating discretionary millage levy; divided by total funded weighted full-time equivalent students in the school district; multiplied by the weighted full-time equivalent students for the charter school. Charter schools whose students or programs meet the eligibility criteria in law shall be entitled to their proportionate share of categorical program funds included in the total funds available in the Florida Education Finance Program by the Legislature, including transportation. Total funding for each charter school will be recalculated during the year to reflect the revised calculations under the Florida Education Finance Program by the state and the actual weighted full-time equivalent students reported by the charter school during the full-time equivalent student survey periods designated by the Commissioner of Education.

(c)  Transportation of charter school students shall be provided by the charter school consistent with the requirements of chapter 234. The governing body of the charter school may provide transportation through an agreement or contract with the district school board, a private provider, or parents. The charter school and the sponsor shall cooperate in making arrangements that ensure that transportation is not a barrier to equal access for all students residing within a reasonable distance of the charter school as determined in its charter.

(d)  If the district school board is providing programs or services to students funded by federal funds, any eligible students enrolled in charter schools in the school district shall be provided federal funds for the same level of service provided students in the schools operated by the district school board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all charter schools shall receive all federal funding for which the school is otherwise eligible, including Title I funding, not later than 5 months after the charter school first opens and within 5 months after any subsequent expansion of enrollment.

(e)  Any administrative fee charged by the school district relating to a charter school shall be limited to 5 percent of the available funds as defined in paragraph (b). The sponsor shall provide certain administrative and educational services to charter schools at no additional fee. These services shall include contract management services, FTE and data reporting, exceptional student education administration, test administration, processing of teacher certificate data, and information services.

(f)  School boards shall make every effort to ensure that charter schools receive timely and efficient reimbursement, including processing paperwork required to access special state and federal funding for which they may be eligible. The district school board may distribute funds to a charter school for up to 3 months based on the projected full-time equivalent student membership of the charter school. Thereafter, the results of full-time equivalent student membership surveys must be used in adjusting the amount of funds distributed monthly to the charter school for the remainder of the fiscal year. The payment shall be issued no later than 10 working days after the district school board receives a distribution of state or federal funds. If a warrant for payment is not issued within 30 working days after receipt of funding by the district school board, the school district shall pay to the charter school, in addition to the amount of the scheduled disbursement, interest at a rate of 1 percent per month calculated on a daily basis on the unpaid balance from the expiration of the 30-day period until such time as the warrant is issued.

(g)  If a district school board facility or property is available because it is surplus, marked for disposal, or otherwise unused, it shall be provided for a charter school's use on the same basis as it is made available to other public schools in the district. A charter school receiving property from the school district may not sell or dispose of such property without written permission of the school district. Similarly, for an existing public school converting to charter status, no rental or leasing fee for the existing facility or for the property normally inventoried to the conversion school may be charged by the district school board to the parents and teachers organizing the charter school. The charter organizers shall agree to reasonable maintenance provisions in order to maintain the facility in a manner similar to district school board standards.

(h)  If other goods and services are made available to the charter school through the contract with the school district, they shall be provided to the charter school at a rate no greater than the district's actual cost. To maximize the use of state funds, school districts shall allow charter schools to participate in the sponsor's bulk purchasing program if applicable.

(14)  IMMUNITY.--For the purposes of tort liability, the governing body and employees of a charter school shall be governed by s. 768.28.

(15)  LENGTH OF SCHOOL YEAR.--A charter school shall provide instruction for at least the number of days required by law for other public schools, and may provide instruction for additional days.

(16)  FACILITIES.--

(a)  A charter school shall utilize facilities which comply with the State Uniform Building Code for Public Educational Facilities Construction adopted pursuant to s. 235.26 or with applicable state minimum building codes pursuant to chapter 553 and state minimum fire protection codes pursuant to s. 633.025, as adopted by the authority in whose jurisdiction the facility is located.

(b)  Any facility, or portion thereof, used to house a charter school whose charter has been approved by the sponsor and the governing board, pursuant to subsection (9), shall be exempt from ad valorem taxes pursuant to s. 196.1983.

(c)  After January 1, 2001, charter school facilities shall utilize facilities which comply with the Florida Building Code, pursuant to chapter 553, and the Florida Fire Prevention Code, pursuant to chapter 633.

(17)  INITIAL COSTS.--A sponsor may approve a charter for a charter school before the applicant has secured space, equipment, or personnel, if the applicant indicates approval is necessary for it to raise working capital.

(18)  INFORMATION.--The Department of Education shall provide information to the public, directly and through sponsors, both on how to form and operate a charter school and on how to enroll in charter schools once they are created. This information shall include a standard application format which shall include the information specified in subsection (9). This application format may be used by chartering entities.

(19)  GENERAL AUTHORITY.--A charter school shall not levy taxes or issue bonds secured by tax revenues.

(20)  REVIEW.--

(a)  The Department of Education shall regularly convene a Charter School Review Panel in order to review issues, practices, and policies regarding charter schools. The composition of the review panel shall include individuals with experience in finance, administration, law, education, and school governance, and individuals familiar with charter school construction and operation. The panel shall include two appointees each from the Commissioner of Education, the President of the Senate, and the Speaker of the House of Representatives. The Governor shall appoint three members of the panel and shall designate the chair. Each member of the panel shall serve a 1-year term, unless renewed by the office making the appointment. The panel shall make recommendations to the Legislature, to the Department of Education, to charter schools, and to school districts for improving charter school operations and oversight and for ensuring best business practices at and fair business relationships with charter schools.

(b)  The Legislature shall review the operation of charter schools during the 2005 Regular Session of the Legislature.

(21)  RULEMAKING.--The Department of Education, after consultation with school districts and charter school directors, shall recommend that the State Board of Education adopt rules to implement specific subsections of this section. Such rules shall require minimum paperwork and shall not limit charter school flexibility authorized by statute.

(22)  CHARTER SCHOOLS-IN-THE-WORKPLACE.--

(a)  In order to increase business partnerships in education, to reduce school and classroom overcrowding throughout the state, and to offset the high costs for educational facilities construction, the Legislature intends to encourage the formation of business partnership schools or satellite learning centers through charter school status.

(b)  A charter school-in-the-workplace may be established when a business partner provides the school facility to be used; enrolls students based upon a random lottery which involves all of the children of employees of that business or corporation who are seeking enrollment, as provided for in subsection (6); and enrolls students according to the racial/ethnic balance provisions described in subparagraph (9)(a)8. Any portion of a facility used for a public charter school shall be exempt from ad valorem taxes, as provided for in s. 235.198, for the duration of its use as a public school.

History.--s. 1, ch. 96-186; s. 1, ch. 97-207; s. 20, ch. 97-384; s. 1, ch. 98-206; s. 2, ch. 98-292; s. 1, ch. 99-374; s. 44, ch. 99-398; s. 3, ch. 2000-306.

¹Note.--Section 3, ch. 2000-306, amended this section without publishing paragraph (10)(d). Absent affirmative evidence of legislative intent to repeal it, paragraph (10)(d) is published here, pending clarification by the Legislature.

228.0561  Charter schools capital outlay funding.--

(1)  In each year in which funds are appropriated for charter school capital outlay purposes, the Commissioner of Education shall allocate the funds among eligible charter schools. To be eligible for a funding allocation, a charter school must meet the provisions of subsection (6), must have received final approval from its sponsor pursuant to s. 228.056 for operation during that fiscal year, and must serve students in facilities that are not provided by the charter school's sponsor. Prior to the release of capital outlay funds to a school district on behalf of the charter school, the Department of Education shall ensure that the district school board and the charter school governing board enter into a written agreement that includes provisions for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the district school board, as provided for in subsection (3), in the event that the school terminates operations. Any funds recovered by the state shall be deposited in the General Revenue Fund. A charter school is not eligible for a funding allocation if it was created by the conversion of a public school and operates in facilities provided by the charter school's sponsor for a nominal fee or at no charge. Unless otherwise provided in the General Appropriations Act, the funding allocation for each eligible charter school shall be determined by multiplying the school's projected student enrollment by one-fifteenth of the cost-per-student station specified in s. 235.435(6)(b) for an elementary, middle, or high school, as appropriate. If the funds appropriated are not sufficient, the commissioner shall prorate the available funds among eligible charter schools. Funds shall be distributed on the basis of the capital outlay full-time equivalent membership by grade level, which shall be calculated by averaging the results of the second and third enrollment surveys. Sixty percent of the funds shall be distributed after the second enrollment survey, and the balance shall be distributed after the third enrollment survey. The commissioner shall adjust subsequent distributions as necessary to reflect each charter school's actual student enrollment. The commissioner shall establish the intervals and procedures for determining the projected and actual student enrollment of eligible charter schools.

(2)  A charter school's governing body may use charter school capital outlay funds for any capital outlay purpose that is directly related to the functioning of the charter school, including the:

(a)  Purchase of real property.

(b)  Construction, renovation, repair, and maintenance of school facilities.

(c)  Purchase, lease-purchase, or lease of permanent or relocatable school facilities.

(d)  Purchase of vehicles to transport students to and from the charter school.

(3)  When a charter school is nonrenewed or terminated, any unencumbered funds and all equipment and property purchased with district public funds shall revert to the ownership of the district school board, as provided for in s. 228.056(10)(e) and (f). In the case of a developmental research school established pursuant to s. 228.053 to which a charter has been issued, any unencumbered funds and all equipment and property purchased with university public funds shall revert to the ownership of the state university that issued the charter. The reversion of such equipment, property, and furnishings shall focus on recoverable assets, but not on intangible or irrecoverable costs such as rental or leasing fees, normal maintenance, and limited renovations. The reversion of all property secured with public funds is subject to the complete satisfaction of all lawful liens or encumbrances. If there are additional local issues such as the shared use of facilities or partial ownership of facilities or property, these issues shall be agreed to in the charter contract prior to the expenditure of funds.

(4)  The Commissioner of Education shall specify procedures for submitting and approving requests for funding under this section and procedures for documenting expenditures.

(5)  The annual legislative budget request of the Department of Education shall include a request for capital outlay funding for charter schools. The request shall be based on the projected number of students to be served in charter schools who meet the eligibility requirements of this section.

(6)  Unless authorized otherwise by the Legislature, allocation and proration of charter school capital outlay funds shall be made to eligible charter schools by the Commissioner of Education in an amount and in a manner authorized by subsection (1).

History.--s. 2, ch. 98-206; s. 2, ch. 99-374; s. 4, ch. 2000-306.

228.0565  Deregulated public schools.--

(1)  PILOT PROGRAM.--To provide public schools the same flexibility and accountability afforded charter schools, pilot programs for deregulated public schools shall be conducted. The following districts are authorized to conduct pilot programs in 1998-1999: Palm Beach, Pinellas, Seminole, Leon, Walton, and Citrus Counties. The schools and school districts which are participating in the pilot program as of January 1, 1999, are authorized to continue the pilot program through the 2003-2004 school year. Lee County is authorized to conduct the pilot program beginning in the 1999-2000 school year through the 2003-2004 school year.

(2)  PURPOSE.--The purpose of the pilot program for deregulated public schools shall be to:

(a)  Improve student learning.

(b)  Increase learning opportunities for all students, with special emphasis on expanded learning experiences for students who are identified as academically low achieving.

(c)  Encourage the use of different and innovative learning methods.

(d)  Increase choice of learning opportunities for students.

(e)  Establish a new form of accountability for schools.

(f)  Require the measurement of learning outcomes and create innovative measurement tools.

(g)  Make the school the unit for improvement.

(h)  Relieve schools of paperwork and procedures that are required by the state and the district for purposes other than health, safety, equal opportunity, fiscal accountability and documentation of student achievement.

(3)  PROPOSAL.--

(a)  A proposal to be a deregulated school must be developed by the school principal and the school advisory council. A majority of the members of the school advisory council must approve the proposal, and the principal and the school advisory council chair must sign the proposal. At least 50 percent of the teachers employed at the school must approve the proposal. The school must conduct a survey to show parental support for the proposal.

(b)  A district school board shall receive and review all proposals for a deregulated public school. A district school board must by a majority vote approve or deny a proposal no later than 30 days after the proposal is received. If a proposal is denied, the district school board must, within 10 calendar days, articulate in writing the specific reasons based upon good cause supporting its denial of the proposal.

(c)  The Department of Education may provide technical assistance to an applicant upon written request.

(d)  The terms and conditions for the operation of a deregulated public school shall be set forth in the proposal. The school district shall not impose unreasonable rules or regulations that violate the intent of giving schools greater flexibility to meet educational goals.

(4)  ELIGIBLE STUDENTS.--

(a)  A deregulated school shall be open to all students residing in the school's attendance boundaries as determined by the school district.

(b)  The deregulated public school shall have maximum flexibility to enroll students under the school district open enrolled plan.

(5)  REQUIREMENTS.--Like other public schools, a deregulated public school shall:

(a)  Be nonsectarian in its programs, admission policies, employment practices, and operations.

(b)  Not charge tuition or fees, except those fees normally charged by other public schools.

(c)  Meet all applicable state and local health, safety, and civil rights requirements.

(d)  Not violate the antidiscrimination provisions of s. 228.2001.

(e)  Be subject to an annual financial audit in a manner similar to that of other public schools in the district.

(6)  ELEMENTS OF THE PROPOSAL.--The major issues involving the operation of a deregulated public school shall be considered in advance and written into the proposal.

(a)  The proposal shall address, and criteria for approval of the proposal shall be based, on:

1.  The school's mission and the students to be served.

2.  The focus of the curriculum, the instructional methods to be used, and any distinctive instructional techniques to be employed.

3.  The current baseline standard of achievement and the outcomes to be achieved and the method of measurement that will be used.

4.  The methods used to identify the educational strengths and needs of students and how well educational goals and performance standards are met by students attending the school. Students in deregulated public schools shall, at a minimum, participate in the statewide assessment program.

5.  In secondary schools, a method for determining that a student has satisfied the requirements for graduation in s. 232.246.

6.  A method for resolving conflicts between the school and the district.

7.  The admissions procedures and dismissal procedures, including the school's code of student conduct.

8.  The ways by which the school's racial/ethnic balance reflects the community it serves or reflects the racial/ethnic range of other public schools in the same school district.

9.  The financial and administrative management of the school including a statement of the areas in which the school will have administrative and fiscal autonomy and the areas in which the school will follow school district fiscal and administrative policies.

10.  The manner in which the school will be insured, including whether or not the school will be required to have liability insurance, and, if so, the terms and conditions thereof and the amounts of coverage.

11.  The qualifications to be required of the teachers.

(b)  The school shall make annual progress reports to the district, which upon verification shall be forwarded to the Commissioner of Education at the same time as other annual school accountability reports. The report shall contain at least the following information:

1.  The school's progress towards achieving the goals outlined in its proposal.

2.  The information required in the annual school report pursuant to s. 229.592.

3.  Financial records of the school, including revenues and expenditures.

4.  Salary and benefit levels of school employees.

(c)  A school district shall ensure that the proposal is innovative and consistent with the state education goals established by s. 229.591.

(d)  Upon receipt of the annual report required by paragraph (b), the Department of Education shall provide the State Board of Education, the Commissioner of Education, the President of the Senate, and the Speaker of the House of Representatives with a copy of each report and an analysis and comparison of the overall performance of students, to include all students in deregulated public schools whose scores are counted as part of the statewide assessment tests, versus comparable public school students in the district as determined by FCAT and district assessment tests and, as appropriate, the Florida Writes Assessment Test, the High School Competency Test, and other assessments administered pursuant to s. 229.57(3).

(7)  EXEMPTION FROM STATUTES.--

(a)  A deregulated public school shall operate in accordance with its proposal and shall be exempt from all statutes of the Florida School Code, except those pertaining to civil rights and student health, safety, and welfare, or as otherwise required by this section. A deregulated public school shall not be exempt from the following statutes: chapter 119, relating to public records, and s. 286.011, relating to public meetings and records, public inspection, and penalties. The school district, upon request of a deregulated public school, may apply to the Commissioner of Education for a waiver of provisions of chapters 230-239 which are applicable to deregulated public schools under this section, except that the provisions of chapter 236 or chapter 237 shall not be eligible for waiver if the waiver would affect funding allocations or create inequity in public school funding. The commissioner may grant the waiver if necessary to implement the school program.

(b)  A deregulated public school may, with appropriate justification, request a waiver from the certification requirements of chapter 231. Pursuant to s. 229.592(9), the commissioner may waive requirements of chapter 231 that relate to teacher certification to facilitate innovative practices and to allow local school selection of educational methods. A deregulated public school may employ or contract with skilled selected noncertified personnel to provide instructional services or to assist instructional staff members as education paraprofessionals in the same manner as defined in chapter 231. A deregulated public school may not employ an individual to provide instructional services or to serve as an education paraprofessional if the individual's certification or licensure as an educator is suspended or revoked by this or any other state. The qualifications of teachers shall be disclosed to parents.

(c)  A deregulated public school shall employ or contract with employees who have been fingerprinted as provided in s. 231.02.

(8)  REVENUE.--Students enrolled in a deregulated public school shall be funded in a basic program or a special program in the same manner as students enrolled in other public schools in the school district.

(9)  LENGTH OF SCHOOL YEAR.--A deregulated public school shall provide instruction for at least the number of days required by law for other public schools, and may provide instruction for additional days.

(10)  FACILITIES.--A deregulated public school shall utilize facilities which comply with the State Uniform Building Code for Public Educational Facilities Construction adopted pursuant to s. 235.26, or with applicable state minimum building codes pursuant to chapter 553 and state minimum fire protection codes pursuant to s. 633.025, as adopted by the authority in whose jurisdiction the facility is located.

History.--s. 23, ch. 98-281; s. 97, ch. 99-2; s. 9, ch. 99-7; s. 1, ch. 99-253; s. 27, ch. 99-398; s. 11, ch. 2000-152.

228.0568  Charter school financial arrangements; indemnification of the state and school district; credit or taxing power not to be pledged.--Any arrangement entered into to borrow or otherwise secure funds for a charter school authorized in s. 228.056 from a source other than the state or a school district shall indemnify the state and the school district from any and all liability, including, but not limited to, financial responsibility for the payment of the principal or interest. Any loans, bonds, or other financial agreements are not obligations of the state or the school district but are obligations of the charter school authority and are payable solely from the sources of funds pledged by such agreement. The credit or taxing power of the state or the school district shall not be pledged and no debts shall be payable out of any moneys except those of the legal entity in possession of a valid charter approved by a district school board pursuant to s. 228.056.

History.--s. 6, ch. 99-374.

228.057  Public school parental choice.--

(1)  As used in this section, "controlled open enrollment" means a public education delivery system that allows school districts to make student school assignments using parents' indicated preferential school choice as a significant factor.

(2)  Beginning with the 1997-1998 school year, each district school board may offer controlled open enrollment within the public schools. The controlled open enrollment program shall be offered in addition to the existing choice programs such as magnet schools, alternative schools, special programs, advanced placement, and dual enrollment.

(3)  Each district school board shall develop a controlled open enrollment plan which describes the implementation of subsection (2).

(4)  School districts shall adhere to federal desegregation requirements. No controlled open enrollment plan that conflicts with federal desegregation orders shall be implemented.

(5)  Each school district shall develop a system of priorities for its plan that includes consideration of the following:

(a)  An application process required to participate in the controlled open enrollment program.

(b)  A process that allows parents to declare school preferences.

(c)  A process that encourages placement of siblings within the same school.

(d)  A lottery procedure used by the school district to determine student assignment.

(e)  An appeals process for hardship cases.

(f)  The procedures to maintain socioeconomic, demographic, and racial balance.

(g)  The availability of transportation.

(h)  A process that promotes strong parental involvement, including the designation of a parent liaison.

(i)  A strategy that establishes a clearinghouse of information designed to assist parents in making informed choices.

(6)  Plans shall be submitted to the Commissioner of Education by June 30, 1997. The Commissioner of Education shall develop an annual report on the status of school choice and deliver the report to the Governor, the President of the Senate, and the Speaker of the House of Representatives at least 90 days prior to the convening of the regular session of the Legislature.

(7)  Notwithstanding any provision of this section, a school district with schools operating on both multiple session schedules and single session schedules shall afford parents of students in multiple session schools preferred access to the controlled open enrollment program of the school district.

(8)  Each school district shall annually report the number of students applying for and attending the various types of public schools of choice in the district, including schools such as magnet schools and public charter schools, according to rules adopted by the State Board of Education.

History.--s. 7, ch. 96-186; s. 24, ch. 97-234; s. 4, ch. 99-374; s. 28, ch. 2000-158; s. 1, ch. 2000-331.

228.058  Charter School Districts Pilot Program.--The State Board of Education is authorized to enter into a performance contract with up to six school districts for the purpose of establishing them as charter school districts. The State Board of Education shall give priority to Hillsborough and Volusia Counties upon the submission of a completed precharter agreement or charter proposal for a charter school district. The purpose of this pilot program is to examine a new relationship between the State Board of Education and school districts that may produce significant improvements in student achievement and school management, while complying with constitutional requirements assigned to each entity.

(1)  CHARTER DISTRICT.--A charter school district is a school district in Florida in which the school board has submitted and the state board has approved a charter proposal that exchanges statutory and rule exemption for agreement to meet performance goals in the proposal. The charter school district shall be chartered for 3 years, at the end of which the performance shall be evaluated.

(2)  EXEMPTION FROM STATUTES AND RULES.--Charter school districts shall be exempt from state statutes and state board rules as provided in s. 228.056. The school board of a charter school district shall not be exempt from any statute governing election of board members, public meetings and public records requirements, financial disclosure, conflicts of interest, operation in the sunshine, or other provisions outside the Florida School Code.

(3)  GOVERNING BOARD.--The governing board of the charter school district shall be the duly elected school board. The school board shall be responsible for supervising the schools in the charter district and is authorized to charter each of its existing public schools pursuant to s. 228.056, apply for deregulation of its public schools pursuant to s. 228.0565, or otherwise establish performance-based contractual relationships with its public schools for the purpose of giving them greater autonomy with accountability for performance.

(4)  PRECHARTER AGREEMENT.--The state board is authorized to approve a precharter agreement with a potential charter district. The agreement may grant limited flexibility and direction for developing the full charter proposal.

(5)  TIME PERIOD FOR PILOT.--The pilot program shall be authorized for a period of 3 full school years commencing with award of a charter. The charter may be renewed upon action of the state board.

(6)  REPORTS.--The state board shall annually report on the implementation of the charter school district pilot program. Upon the completion of the first 3-year term, the state board, through the Commissioner of Education, shall submit to the Legislature a full evaluation of the effectiveness of the program.

(7)  RULEMAKING.--The State Board of Education shall have the authority to enact rules to implement this section in accordance with ss. 120.536 and 120.54.

History.--s. 5, ch. 99-374; s. 29, ch. 2000-158.

228.0581  Conversion charter school pilot program.--

(1)  The conversion charter school pilot program is hereby established with the intent to provide incentives for local school districts to approve conversion charter schools.

(2)  The conversion charter school pilot program shall be a statewide pilot program in which 10 schools shall be selected based on a competitive application process in accordance with this section.

(3)  The purpose of the pilot program is to produce significant improvements in student achievement and school management, to encourage and measure the use of innovative learning methods, and to make the school the unit for improvement.

(4)  Each school principal or a majority of the parents of students attending the school, a majority of the school's teachers, or a majority of the members of the school advisory council, may apply to the school district to participate in this pilot program on forms which shall be provided by the Department of Education. The forms shall include acknowledgment by the principal of applicable provisions of ss. 228.056 and 228.0561. For purposes of this paragraph, "a majority of the parents of students attending the school" means more than 50 percent of the parents voting whose children are enrolled at the school, provided that a majority of the parents eligible to vote participate in the ballot process; and "a majority of the school's teachers" means more than 50 percent of the teachers employed at the school, according to procedures established by rule of the State Board of Education pursuant to s. 228.056(3).

(5)  A person or group who has applied to participate in the pilot program created by this section, pursuant to subsection (4), shall not be subject to an unlawful reprisal, as defined by s. 228.056(3)(b), as a consequence of such application. The procedures established by s. 228.056(3) shall apply to any alleged unlawful reprisal which occurs as a consequence of such application.

(6)  A district school board shall receive and review all applications by principals, parents, teachers, or school advisory council members to participate in the pilot project; shall select the best applications; and shall submit these applications, together with the district school board's letter of endorsement and commitment of support and cooperation toward the success of program implementation, for review by the statewide selection panel established pursuant to subsection (7).

(7)  A conversion charter school pilot program statewide selection panel is established. The panel shall be comprised of the following nine members who are not elected public officials:

(a)  Three members shall be appointed by the Governor.

(b)  Two members shall be appointed by the Commissioner of Education.

(c)  Two members shall be appointed by the President of the Senate.

(d)  Two members shall be appointed by the Speaker of the House of Representatives.

The panel shall review the conversion charter school pilot program applications submitted by the district school boards and shall select the 10 applications which the panel deems best comply with the purpose of the program pursuant to subsection (3).

(8)  Each district school board in which there is a school selected by the statewide panel for participation in the pilot program shall receive a grant for the 2001-2002 school year as follows, or as otherwise specified in the General Appropriations Act:

(a)  One hundred thousand dollars for planning and development for each conversion charter school selected; and

(b)1.  Eighty thousand dollars for each conversion charter school selected with 500 or fewer students;

2.  One hundred thousand dollars for each conversion charter school selected with more than 500 but fewer than 1,001 students; or

3.  One hundred twenty thousand dollars for each conversion charter school selected with more than 1,000 students.

The Commissioner of Education is authorized to reduce the district's 2002-2003 FEFP funding entitlement by the amount of the grant awarded under this subsection if he or she determines that the district has failed to comply with its letter of endorsement and commitment of support and cooperation submitted under subsection (6).

(9)  Each conversion charter school selected for participation in the pilot program shall make annual progress reports to the district school board and the Commissioner of Education detailing the school's progress in achieving the purpose of the program as described in subsection (3).

History.--s. 5, ch. 2000-306.

228.061  Other public schools; preschool programs, prekindergarten early intervention programs, school-age child care programs, special schools and courses.--The public schools of Florida may, in addition to the schools prescribed in s. 228.051, include preschool programs, prekindergarten early intervention programs, school-age child care programs, special schools, and courses and classes as authorized below:

(1)  PRESCHOOL PROGRAMS.--Preschool programs shall comprise classes for children who have attained the ages prescribed by s. 232.01 and may be established at the discretion of the school board. Such programs or classes shall be supported and maintained from district taxes, from such funds supplemented by tuition charges, or from funds from federal or other lawful sources, exclusive of state sources; however, state funds may be used to support prekindergarten early intervention programs pursuant to s. 230.2305.

(2)  PREKINDERGARTEN EARLY INTERVENTION PROGRAMS.--Prekindergarten early intervention programs shall consist of educational and enrichment activities for children who have attained the ages prescribed by s. 232.01. Such programs shall be supported and maintained by state funds, district funds, tuition charges, or such funds as may be available from federal or other lawful sources.

(3)  SCHOOL-AGE CHILD CARE PROGRAMS.--School-age child care programs shall consist of educational and recreational programs provided before and after the regular school day and during school holidays to children eligible to attend public schools as provided by s. 232.01. Such programs shall be supported and maintained from state or district funds, tuition charges, and such funds as may be available from federal or other lawful sources.

(4)  OTHER SCHOOLS, COURSES, AND CLASSES.--

(a)  There may be established, at the discretion of the school board, other schools, courses, and classes pursuant to law or by regulations of the state board for:

1.  Giving instruction in applied arts and sciences;

2.  Rehabilitating atypical, dependent, and delinquent children;

3.  Promoting the education of adults;

4.  Furnishing part-time, evening, and vocational schools and classes;

5.  Providing technical or vocational training for persons regardless of age; and

6.  Offering other types of instruction of a similar nature.

(b)  Such schools, courses, and classes shall be supported by state, district, and federal funds or by any combinations of these funds supplemented by funds from such other lawful sources as may be available, including tuition or matriculation fees as may be authorized by regulations of the state board.

History.--s. 214, ch. 19355, 1939; CGL 1940 Supp. 892(33); s. 7, ch. 29764, 1955; s. 1, ch. 57-252; s. 2, ch. 68-12; s. 3, ch. 68-24; s. 4, ch. 68-5; s. 1, ch. 69-262; s. 1, ch. 69-300; s. 1, ch. 72-221; s. 1, ch. 77-174; s. 12, ch. 86-225; s. 1, ch. 86-258; s. 4, ch. 86-261; s. 1, ch. 89-101; s. 62, ch. 91-105; s. 1, ch. 91-266; s. 46, ch. 97-190.

Note.--Former s. 228.14.

228.062  Migrant education program.--The Commissioner of Education shall prescribe such rules as are necessary to provide for the participation of the state in the federal migratory child compensatory education program, which may be funded from federal or other lawful sources. The Department of Education is authorized to plan, fund, and administer educational programs for migrant children in the state, beginning for such children at age 3. Such programs shall be operated through grants to local school districts or through contracts with other public agencies or nonprofit corporations.

History.--s. 2, ch. 80-239; s. 128, ch. 81-259; s. 75, ch. 97-190.

228.081  Other public educational services.--

(1)  The general control of other public educational services shall be vested in the state board except as provided herein. The state board shall, at the request of the Department of Children and Family Services and the Department of Juvenile Justice, advise as to standards and requirements relating to education to be met in all state schools or institutions under their control which provide educational programs. The Department of Education shall provide supervisory services for the educational programs of all such schools or institutions. The direct control of any of these services provided as part of the district program of education shall rest with the school board. These services shall be supported out of state, district, federal, or other lawful funds, depending on the requirements of the services being supported.

(2)  The Department of Education shall recommend and by August 1, 1999, the state board shall adopt an administrative rule articulating expectations for high-quality, effective education programs for youth in Department of Juvenile Justice programs, including, but not limited to, education programs in juvenile justice commitment and detention facilities. The rule shall articulate policies and standards for education programs for youth in Department of Juvenile Justice programs and shall include the following:

(a)  The interagency collaborative process needed to ensure effective programs with measurable results.

(b)  The responsibilities of the Department of Education, the Department of Juvenile Justice, school districts, and providers of education services to youth in Department of Juvenile Justice programs.

(c)  Academic expectations.

(d)  Service delivery options available to school districts, including direct service and contracting.

(e)  Assessment procedures, which:

1.  Include appropriate academic and vocational assessments administered at program entry and exit which are selected by the Department of Education in partnership with representatives from the Department of Juvenile Justice, school districts, and providers.

2.  Require school districts to be responsible for ensuring the completion of the assessment process.

3.  Require assessments for students in detention who will move on to commitment facilities, to be designed to create the foundation for developing the student's education program in the assigned commitment facility.

4.  Require assessments of students sent directly to commitment facilities to be completed within the first week of the student's commitment.

The results of these assessments, together with a portfolio depicting the student's academic and vocational accomplishments, shall be included in the discharge package assembled for each youth.

(f)  Recommended instructional programs including, but not limited to, vocational training and job preparation.

(g)  Funding requirements, which shall include the requirement that at least 80 percent of the FEFP funds generated by students in Department of Juvenile Justice programs be spent on instructional costs for those students. One hundred percent of the formula-based categorical funds generated by students in Department of Juvenile Justice programs must be spent on appropriate categoricals such as instructional materials and public school technology for those students.

(h)  Qualifications of instructional staff, procedures for the selection of instructional staff, and procedures to ensure consistent instruction and qualified staff year round.

(i)  Transition services, including the roles and responsibilities of appropriate personnel in school districts, provider organizations, and the Department of Juvenile Justice.

(j)  Procedures and timeframe for transfer of education records when a youth enters and leaves a facility.

(k)  The requirement that each school district maintain an academic transcript for each student enrolled in a juvenile justice facility which delineates each course completed by the student as provided by the State Course Code Directory.

(l)  The requirement that each school district make available and transmit a copy of a student's transcript in the discharge packet when the student exits a facility.

(m)  Contract requirements.

(n)  Performance expectations for providers and school districts, including the provision of academic improvement plan as required in s. 232.245.

(o)  The role and responsibility of the school district in securing workforce development funds.

(p)  A series of graduated sanctions for school districts whose educational programs in Department of Juvenile Justice facilities are considered to be unsatisfactory and for instances in which school districts fail to meet standards prescribed by law, rule, or State Board of Education policy. These sanctions shall include the option of requiring a school district to contract with a provider or another school district if the educational program at the Department of Juvenile Justice facility has failed a quality assurance review and after 6 months, is still performing below minimum standards.

(q)  Other aspects of program operations.

(3)  By January 1, 2000, the Department of Education in partnership with the Department of Juvenile Justice, school districts, and providers shall:

(a)  Develop model contracts for the delivery of appropriate education services to youth in Department of Juvenile Justice programs to be used for the development of future contracts. The model contracts shall reflect the policy and standards included in subsection (2). The Department of Education shall ensure that appropriate school district personnel are trained and held accountable for the management and monitoring of contracts for education programs for youth in juvenile justice residential and nonresidential facilities.

(b)  Develop model procedures for transitioning youth into and out of Department of Juvenile Justice programs. These procedures shall reflect the policy and standards adopted pursuant to subsection (2).

(c)  Develop standardized required content of education records to be included as part of a youth's commitment record. These requirements shall reflect the policy and standards adopted pursuant to subsection (2) and shall include, but not be limited to, the following:

1.  A copy of the student's individualized education plan;

2.  Assessment data, including grade level proficiency in reading, writing, and mathematics, and performance on tests taken according to s. 229.57;

3.  A copy of the student's permanent cumulative record;

4.  A copy of the student's academic transcript; and

5.  A portfolio reflecting the youth's academic accomplishments while in the Department of Juvenile Justice program.

(d)  Develop model procedures for securing the education record and the roles and responsibilities of the juvenile probation officer and others involved in the withdrawal of the student from school and assignment to a commitment or detention facility. Effective for the 2000-2001 school year and thereafter, school districts shall be required to respond to requests for student education records received from another school district or a juvenile justice facility within 5 working days of receiving the request.

(4)  The Department of Education shall ensure that school districts notify students in juvenile justice residential or nonresidential facilities who attain the age of 16 years of the provisions of s. 232.01(1)(c) regarding compulsory school attendance and make available the option of enrolling in a program to attain a Florida high school diploma by taking the general education development test prior to release from the facility. School districts or community colleges, or both, shall waive GED testing fees for youth in Department of Juvenile Justice residential programs and shall, upon request, designate schools operating for the purpose of providing educational services to youth in Department of Juvenile Justice programs as GED testing centers, subject to GED testing center requirements. The administrative fees for the general education development test required by the Department of Education are the responsibility of school districts and may be required of providers by contractual agreement.

(5)  The Department of Education shall establish and operate, either directly or indirectly through a contract, a mechanism to provide quality assurance reviews of all juvenile justice education programs and shall provide technical assistance and related research to school districts and providers on how to establish, develop, and operate educational programs that exceed the minimum quality assurance standards.

History.--s. 219, ch. 19355, 1939; CGL 1940 Supp. 892(38); s. 3, ch. 23726, 1947; s. 1, ch. 69-300; ss. 15, 19, 35, ch. 69-106; s. 1, ch. 72-221; s. 6, ch. 77-335; s. 76, ch. 97-190; s. 43, ch. 99-284; s. 9, ch. 2000-137.

Note.--Former s. 228.19.

228.082  The Florida On-Line High School.--

(1)  The Florida On-Line High School is established for the development and delivery of on-line and distance learning education.

(2)  The Florida On-Line High School shall be governed by a board of trustees comprised of seven members appointed by the Governor to 4-year staggered terms, one of whom shall be the current chair of the Florida High School Advisory Board and one of whom shall be a representative of the fiscal agent, and one of whom shall be the Chief Information Officer or his designee from the State Technology Office pursuant to ch. 2000-164, Laws of Florida. The board shall be a public agency entitled to sovereign immunity pursuant to s. 768.28, and board members shall be public officers who shall bear fiduciary responsibility for the Florida On-Line High School. The board of trustees shall have the following powers and duties:

(a)  The board of trustees shall meet within 30 days of July 1, 2000, and shall continue to meet at least 4 times each year, upon the call of the chair, or at the request of a majority of the membership.

(b)  Until not more than 60 days after the initial meeting of the board, the current governance structure of the Florida On-Line High School shall be maintained.

(c)  The fiscal year for the Florida On-Line High School shall be the state fiscal year as provided in s. 216.011(1)(n).

(d)  The board of trustees shall enter into agreements with distance learning providers and may acquire, enjoy, use, and dispose of patents, copyrights, and trademarks and any licenses and other rights or interests thereunder or therein. Ownership of all such patents, copyrights, trademarks, licenses, and rights or interests thereunder or therein shall vest in the state, with the board having full right of use and full right to retain the revenues derived therefrom. Any funds realized from patents, copyrights, trademarks, or licenses shall be used to support the school's research and development activities in order to improve courseware and services to its students.

(e)  The board of trustees shall annually prepare and submit a legislative budget request, including funding requests for computers for public school students who do not have access to public school computers, in accordance with chapter 216 and s. 235.41. The legislative budget request of the Florida On-Line High School shall be prepared using the same format, procedures, and timelines required for the submission of the legislative budget of the Department of Education.

(f)  The board of trustees shall administer and maintain personnel programs for all employees of the board of trustees and the Florida On-Line High School. The board of trustees may adopt rules, policies, and procedures related to the appointment, employment, and removal of personnel.

1.  The board of trustees shall determine the compensation, including salaries and fringe benefits, and other conditions of employment for such personnel.

2.  The board of trustees may establish and maintain a personnel loan or exchange program by which persons employed by the board for the Florida On-Line High School as academic administrative and instructional staff may be loaned to, or exchanged with persons employed in like capacities by, public agencies either within or without this state, or by private industry. With respect to public agency employees, the program authorized by this subparagraph shall be consistent with the requirements of part II of chapter 112. The salary and benefits of board personnel participating in the loan or exchange program shall be continued during the period of time they participate in a loan or exchange program, and such personnel shall be deemed to have no break in creditable or continuous service or employment during such time. The salary and benefits of persons participating in the personnel loan or exchange program who are employed by public agencies or private industry shall be paid by the originating employers of those participants, and such personnel shall be deemed to have no break in creditable or continuous service or employment during such time.

3.  The employment of all Florida On-Line High School academic administrative and instructional personnel shall be subject to rejection for cause by the board of trustees, and shall be subject to policies of the board of trustees relative to certification, tenure, leaves of absence, sabbaticals, remuneration, and such other conditions of employment as the board deems necessary and proper, not inconsistent with law.

4.  Each person employed by the board of trustees in an academic administrative or instructional capacity with the Florida On-Line High School shall be entitled to a contract as provided by rules of the board.

5.  All employees except temporary, seasonal, and student employees may be state employees for the purpose of being eligible to participate in the Florida Retirement System and receive benefits. The classification and pay plan, including terminal leave and other benefits, and any amendments thereto, shall be subject to review and approval by the Department of Management Services and the Executive Office of the Governor prior to adoption. In the event that the board of trustees assumes responsibility for governance pursuant to this section before approval is obtained, employees shall be compensated pursuant to the system in effect for the employees of the fiscal agent.

(g)  The board of trustees shall establish priorities for admission of students.

(h)  The board of trustees shall establish and distribute to all school districts and high schools in the state procedures for enrollment of students into courses offered by the Florida On-Line High School. Such procedures shall be designed to minimize paperwork and maximize participation by students.

(i)  The board of trustees shall annually submit to the Department of Education both forecasted and actual enrollments for the Florida On-Line High School, according to procedures established by the Department of Education. At a minimum, such procedures must include the number of public, private, and home school students served by district.

(j)  The board of trustees shall provide for the content and custody of student and employee personnel records. Student records shall be subject to the provisions of s. 228.093. Employee records shall be subject to the provisions of s. 231.291.

(k)  The financial records and accounts of the Florida On-Line High School shall be maintained under the direction of the board of trustees and under regulations prescribed by the State Board of Education for the uniform system of financial records and accounts for the schools of the state.

The Governor shall designate the initial chair of the board of trustees to serve a term of 4 years. Members of the board of trustees shall serve without compensation, but may be reimbursed for per diem and travel expenses pursuant to s. 112.061. The board of trustees shall be a body corporate with all the powers of a body corporate and such authority as is needed for the proper operation and improvement of the Florida On-Line High School. The board of trustees is specifically authorized to adopt rules, policies, and procedures, consistent with law related to governance, personnel, budget and finance, administration, programs, curriculum and instruction, travel and purchasing, technology, students, contracts and grants, and property as necessary for optimal, efficient operation of the Florida On-Line High School. Tangible personal property owned by the board of trustees shall be subject to the provisions of chapter 273.

(3)  The Commissioner of Education shall include the Florida On-Line High School as a grant-in-aid appropriation in the department's legislative budget request to the State Board of Education, the Governor, and the Legislature.

(a)  Subject to any guidelines imposed in the General Appropriations Act, funds for the operation of the Florida On-Line High School shall be requested and appropriated within the Department of Education as a grant-in-aid category until such time as the Legislature authorizes a different funding mechanism.

(b)  The Orange County District School Board shall be the temporary fiscal agent of the Florida On-Line High School.

(c)  Priorities for the delivery of services by the Florida On-Line High School shall ensure that priority access is provided equitably across the state.

(4)  Under no circumstance may the credit of the state be pledged on behalf of the Florida On-Line High School.

(5)  By January 1, 2001, the board of trustees shall submit to the Governor, the Legislature, and the Education Reorganization Transition Commission a complete and detailed report setting forth:

(a)  The operations and accomplishments of the Florida On-Line High School.

(b)  The marketing and operational plan for the Florida On-Line High School, including recommendations regarding methods for improving the delivery of education through the Internet and other distance learning technology.

(c)  The assets and liabilities of the Florida On-Line High School at the end of the fiscal year.

(d)  A copy of an annual financial and compliance audit of the accounts and records of the Florida On-Line High School, conducted by an independent certified public accountant and performed in accordance with rules adopted by the Auditor General.

(e)  Recommendations regarding the unit cost of providing services to students. In order to most effectively develop public policy regarding any future funding of the Florida On-Line High School, it is imperative that the cost of the program is accurately identified. The identified cost of the program must be based on reliable data and reflect the costs associated with maintaining a state-of-the-art on-line high school, including the costs associated with maintaining a high-quality research and development effort to locate and assimilate, or develop, Internet-based courses.

(f)  Recommendations regarding an accountability mechanism to assess the effectiveness of the services provided by the Florida On-Line High School.

(6)  The Auditor General may, pursuant to his or her own authority, or at the direction of the Joint Legislative Auditing Committee, conduct an audit of the Florida On-Line High School.

(7)  The State Board of Education may adopt rules it deems necessary to implement reporting requirements for the Florida On-Line High School.

History.--s. 1, ch. 2000-224.

228.0857  Regional consortium service organizations.--

(1)  It is the intent of the Legislature that the delivery of educational programs and services in the state be improved through the creation of regional consortium service organizations designed to stimulate cooperation between school districts in order that resources of one school district may be available to other school districts. It is further the legislative intent that such organizations provide a full range of programs to larger numbers of students, minimize duplication of services, and encourage the development of new programs and services.

(2)  School districts with 20,000 or fewer unweighted full-time equivalent students may enter into cooperative agreements to form a regional consortium service organization. Each regional consortium service organization shall provide, at a minimum, three of the following services: exceptional student education; teacher education centers; environmental education; federal grant procurement and coordination; data processing; health insurance; risk management insurance; staff development; purchasing; and planning and accountability.

(3)(a)  Each regional consortium service organization which consists of four or more school districts is eligible to receive, through the Department of Education, an incentive grant of $25,000 per school district to be used for the delivery of services within the participating school districts.

(b)  Application for incentive grants shall be made to the Commissioner of Education by July 30 of each year for distribution to qualifying regional consortium service organizations by January 1 of the fiscal year.

History.--s. 1, ch. 93-145.

228.086  Regional centers of excellence in mathematics, science, computers, technology, and global awareness.--The Department of Education is authorized to award grants to public school districts, developmental research schools, state community colleges, state universities, private postsecondary institutions, or museums of science as defined in s. 265.608, or any combination thereof, to establish regional centers of excellence in mathematics, science, computers, technology, and global awareness.

History.--ss. 2, 9, 23, ch. 83-327; s. 6, ch. 83-348; s. 39, ch. 85-80; s. 19, ch. 85-109; s. 1, ch. 90-86; s. 80, ch. 90-201; s. 14, ch. 90-302; s. 23, ch. 91-5; s. 1, ch. 94-310; s. 77, ch. 97-190.

228.092  Retention of records of students attending nonpublic schools.--

(1)  DEFINITIONS.--As used in this section:

(a)  "Nonpublic school" means any school described in s. 229.808(2).

(b)  "Defunct nonpublic school" means any nonpublic school which has terminated the operation of an education or training program, or which has no students in attendance, or which has dissolved as a business entity.

(c)  "Student records" means those records, files, documents, and other materials which contain information directly related to students which are maintained by a nonpublic school or by a person acting for such institution and which are accessible to other professional personnel to facilitate the instruction, guidance, and educational progress of students. Information contained in student records shall be classified as follows:

1.  Permanent information, which includes verified information of clear educational importance, containing the following: student's full name and any known changes thereto due to marriage or adoption; authenticated birthdate, place of birth, race, and sex; last known address of student; names of student's parents or guardian; name and location of last school attended; number of days present and absent; date enrolled; date withdrawn; courses taken and record of achievement; and date of graduation or program achievement.

2.  Temporary information, which includes verified information subject to change, containing, but not limited to, the following: health information, standardized test scores, honors and activities, personal attributes, work experience, teacher and counselor comments, and special reports.

(2)  TRANSFER OF STUDENT RECORDS.--All nonpublic schools which become defunct shall transfer all permanent information contained in student records to the superintendent of schools of the public school district in which the nonpublic school was located; or, if the nonpublic school is a member of a nonpublic school system or association, such school may transfer such records to the principal office of such system or association, which shall constitute full compliance with this subsection. In the event that such nonpublic school system or association becomes defunct, it shall transfer all the permanent information contained in its files to the superintendent of schools of the public school district in which the nonpublic school was located.

(3)  DEPARTMENT RESPONSIBILITIES.--All nonpublic schools that become defunct shall notify the Deputy Commissioner for Educational Programs in the Department of Education of the date of transfer of student records, the location of storage, the custodian of such records, and the number of records to be stored. The department shall act as a clearinghouse and maintain a registry of such transfers of student records.

(4)  INTENT.--It is not the intent of the Legislature to limit or restrict the use or possession of any student records while a school is operational, but to facilitate access to academic records by former students seeking to continue their education or training after a nonpublic school has become defunct.

History.--s. 1, ch. 77-133; s. 2, ch. 79-177; s. 79, ch. 97-190.

228.093  Pupil and student records and reports; rights of parents, guardians, pupils, and students; notification; penalty.--

(1)  PURPOSE.--The purpose of this section is to protect the rights of pupils and students and their parents or guardians with respect to pupil and student records and reports as created, maintained, and used by public educational institutions in the state. The intent of the Legislature is that pupils and students and their parents or guardians shall have rights of access, rights of challenge, and rights of privacy with respect to such records and reports, and that rules shall be available for the exercise of these rights.

(2)  DEFINITIONS.--As used in this section:

(a)  "Chief executive officer" means that person, whether elected or appointed, who is responsible for the management and administration of any public educational body or unit, or the chief executive officer's designee for pupil or student records; that is, the superintendent of a district school system, the director of the ¹area technical center, the president of a community college, or the president of an institution in the State University System, or their designees.

(b)  "Child" means any person who has not reached the age of majority.

(c)  "Directory information" includes the pupil's or student's name, address, telephone number if it is a listed number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the pupil or student.

(d)  "Pupil" means any child who is enrolled in any instructional program or activity conducted under the authority and direction of a district school board.

(e)  "Records" and "reports" mean any and all official records, files, and data directly related to pupils and students which are created, maintained, and used by public educational institutions, including all material that is incorporated into each pupil's or student's cumulative record folder and intended for school use or to be available to parties outside the school or school system for legitimate educational or research purposes. Materials which shall be considered as part of a pupil's or student's record include, but are not necessarily limited to: identifying data, including a student's social security number; academic work completed; level of achievement records, including grades and standardized achievement test scores; attendance data; scores on standardized intelligence, aptitude, and psychological tests; interest inventory results; health data; family background information; teacher or counselor ratings and observations; verified reports of serious or recurrent behavior patterns; and any other evidence, knowledge, or information recorded in any medium, including, but not limited to, handwriting, typewriting, print, magnetic tapes, film, microfilm, and microfiche, and maintained and used by an educational agency or institution or by a person acting for such agency or institution. However, the terms "records" and "reports" do not include:

1.  Records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto, which records are in the sole possession of the maker thereof and are not accessible or revealed to any other person except a substitute for any of such persons. An example of records of this type is instructor's grade books.

2.  Records of law enforcement units of the institution which are maintained solely for law enforcement purposes and which are not available to persons other than officials of the institution or law enforcement officials of the same jurisdiction in the exercise of that jurisdiction.

3.  Records made and maintained by the institution in the normal course of business which relate exclusively to a pupil or student in his or her capacity as an employee and which are not available for use for any other purpose.

4.  Records created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity, or assisting in that capacity, which are created, maintained, or used only in connection with the provision of treatment to the pupil or student and which are not available to anyone other than persons providing such treatment. However, such records shall be open to a physician or other appropriate professional of the pupil's or student's choice.

5.  Directory information as defined in this section.

6.  Other information, files, or data which do not permit the personal identification of a pupil or student.

7.  Letters or statements of recommendation or evaluation which were confidential under Florida law and which were received and made a part of the pupil's or student's educational records prior to July 1, 1977.

8.  Copies of the pupil's or student's fingerprints. No public educational institution shall maintain any report or record relative to a pupil or student which includes a copy of the pupil's or student's fingerprints.

(f)  "Student" means any child or adult who is enrolled or who has been enrolled in any instructional program or activity conducted under the authority and direction of an institution comprising a part of the state system of public education and with respect to whom an educational institution maintains educational records and reports or personally identifiable information, but does not include a person who has not been in attendance as an enrollee at such institution.

(3)  RIGHTS OF PARENT, GUARDIAN, PUPIL, OR STUDENT.--The parent or guardian of any pupil or student who attends or has attended any public school, area vocational-technical training center, community college, or institution of higher education in the State University System shall have the following rights with respect to any records or reports created, maintained, and used by any public educational institution in the state. However, whenever a pupil or student has attained 18 years of age, or is attending an institution of postsecondary education, the permission or consent required of, and the rights accorded to, the parents of the pupil or student shall thereafter be required of and accorded to the pupil or student only, unless the pupil or student is a dependent pupil or student of such parents as defined in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code of 1954). The State Board of Education shall formulate, adopt, and promulgate rules whereby parents, guardians, pupils, or students may exercise these rights:

(a)  Right of access.--

1.  Such parent, guardian, pupil, or student shall have the right, upon request directed to the appropriate school official, to be provided with a list of the types of records and reports, directly related to pupils or students, as maintained by the institution which the pupil or student attends or has attended.

2.  Such parent, guardian, pupil, or student shall have the right, upon request, to be shown any record or report relating to such pupil or student maintained by any public educational institution. When the record or report includes information on more than one pupil or student, the parent, guardian, pupil, or student shall be entitled to receive, or be informed of, only that part of the record or report which pertains to the pupil or student who is the subject of the request. Upon a reasonable request therefor, the institution shall furnish such parent, guardian, pupil, or student with an explanation or interpretation of any such record or report.

3.  Copies of any list, record, or report requested under the provisions of this paragraph shall be furnished to the parent, guardian, pupil, or student upon request.

4.  The State Board of Education shall establish rules to be followed by all public educational institutions in granting requests for lists, or for access to reports and records or for copies or explanations thereof under this paragraph. However, access to any report or record requested under the provisions of subparagraph 2. shall be granted within 30 days after receipt of such request by the institution. Fees may be charged for furnishing any copies of reports or records requested under subparagraph 3., but such fees shall not exceed the actual cost to the institution of producing such copies.

(b)  Right of waiver of access to confidential letters or statements.--Such parent, guardian, pupil, or student shall have the right to waive the right of access to letters or statements of recommendation or evaluation, except that such waiver shall apply to recommendations or evaluations only if:

1.  The parent, guardian, pupil, or student is, upon request, notified of the names of all persons submitting confidential letters or statements; and

2.  Such recommendations or evaluations are used solely for the purpose for which they were specifically intended.

Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from, any public agency or public educational institution in this state.

(c)  Right to challenge and hearing.--Such parent, guardian, pupil, or student shall have the right to challenge the content of any record or report to which such person is granted access under paragraph (a), in order to ensure that the record or report is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the pupil or student and to provide an opportunity for the correction, deletion, or expunction of any inaccurate, misleading, or otherwise inappropriate data or material contained therein. Any challenge arising under the provisions of this paragraph may be settled through informal meetings or discussions between the parent, guardian, pupil, or student and appropriate officials of the educational institution. If the parties at such a meeting agree to make corrections, to make deletions, to expunge material, or to add a statement of explanation or rebuttal to the file, such agreement shall be reduced to writing and signed by the parties; and the appropriate school officials shall take the necessary actions to implement the agreement. If the parties cannot reach an agreement, upon the request of either party, a hearing shall be held on such challenge under rules promulgated by the State Board of Education. Upon the request of the parent, guardian, pupil, or student, the hearing shall be exempt from the requirements of s. 286.011. Such rules shall include at least the following provisions:

1.  The hearing shall be conducted within a reasonable period of time following the request for the hearing.

2.  The hearing shall be conducted, and the decision rendered, by an official of the educational institution or other party who does not have a direct interest in the outcome of the hearing.

3.  The parent, guardian, pupil, or student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised under this paragraph.

4.  The decision shall be rendered in writing within a reasonable period of time after the conclusion of the hearing.

5.  The appropriate school officials shall take the necessary actions to implement the decision.

(d)  Right of privacy.--Every pupil or student shall have a right of privacy with respect to the educational records kept on him or her. Personally identifiable records or reports of a pupil or student, and any personal information contained therein, are confidential and exempt from the provisions of s. 119.07(1). No state or local educational agency, board, public school, area technical center, community college, or institution of higher education in the State University System shall permit the release of such records, reports, or information without the written consent of the pupil's or student's parent or guardian, or of the pupil or student himself or herself if he or she is qualified as provided in this subsection, to any individual, agency, or organization. However, personally identifiable records or reports of a pupil or student may be released to the following persons or organizations without the consent of the pupil or the pupil's parent:

1.  Officials of schools, school systems, area technical centers, community colleges, or institutions of higher learning in which the pupil or student seeks or intends to enroll; and a copy of such records or reports shall be furnished to the parent, guardian, pupil, or student upon request.

2.  Other school officials, including teachers within the educational institution or agency, who have legitimate educational interests in the information contained in the records.

3.  The United States Secretary of Education, the Director of the National Institute of Education, the Assistant Secretary for Education, the Comptroller General of the United States, or state or local educational authorities who are authorized to receive such information subject to the conditions set forth in applicable federal statutes and regulations of the United States Department of Education, or in applicable state statutes and rules of the State Board of Education.

4.  Other school officials, in connection with a pupil's or student's application for or receipt of financial aid.

5.  Individuals or organizations conducting studies for or on behalf of an institution or a board of education for the purpose of developing, validating, or administering predictive tests, administering pupil or student aid programs, or improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of pupils or students and their parents by persons other than representatives of such organizations and if such information will be destroyed when no longer needed for the purpose of conducting such studies.

6.  Accrediting organizations, in order to carry out their accrediting functions.

7.  School readiness coalitions and the Florida Partnership for School Readiness in order to carry out their assigned duties.

8.  For use as evidence in pupil or student expulsion hearings conducted by a district school board pursuant to the provisions of chapter 120.

9.  Appropriate parties in connection with an emergency, if knowledge of the information in the pupil's or student's educational records is necessary to protect the health or safety of the pupil, student, or other individuals.

10.  The Auditor General in connection with his or her official functions; however, except when the collection of personally identifiable information is specifically authorized by law, any data collected by the Auditor General is confidential and exempt from the provisions of s. 119.07(1) and shall be protected in such a way as will not permit the personal identification of students and their parents by other than the Auditor General and his or her staff, and such personally identifiable data shall be destroyed when no longer needed for the Auditor General's official use.

11.a.  A court of competent jurisdiction in compliance with an order of that court or the attorney of record pursuant to a lawfully issued subpoena, upon the condition that the pupil or student and the pupil's or student's parent are notified of the order or subpoena in advance of compliance therewith by the educational institution or agency.

b.  A person or entity pursuant to a court of competent jurisdiction in compliance with an order of that court or the attorney of record pursuant to a lawfully issued subpoena, upon the condition that the pupil or student, or his or her parent if the pupil or student is either a minor and not attending an institution of postsecondary education or a dependent of such parent as defined in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code of 1954), is notified of the order or subpoena in advance of compliance therewith by the educational institution or agency.

12.  Credit bureaus, in connection with an agreement for financial aid which the student has executed, provided that such information may be disclosed only to the extent necessary to enforce the terms or conditions of the financial aid agreement. Credit bureaus shall not release any information obtained pursuant to this paragraph to any person.

13.  Parties to an interagency agreement among the Department of Juvenile Justice, school and law enforcement authorities, and other signatory agencies for the purpose of reducing juvenile crime and especially motor vehicle theft by promoting cooperation and collaboration, and the sharing of appropriate information in a joint effort to improve school safety, to reduce truancy, in-school and out-of-school suspensions, to support alternatives to in-school and out-of-school suspensions and expulsions that provide structured and well-supervised educational programs supplemented by a coordinated overlay of other appropriate services designed to correct behaviors that lead to truancy, suspensions, and expulsions, and which support students in successfully completing their education. Information provided in furtherance of such interagency agreements is intended solely for use in determining the appropriate programs and services for each juvenile or the juvenile's family, or for coordinating the delivery of such programs and services, and as such is inadmissible in any court proceedings prior to a dispositional hearing unless written consent is provided by a parent, guardian, or other responsible adult on behalf of the juvenile.

This paragraph does not prohibit any educational institution from publishing and releasing to the general public directory information relating to a pupil or student if the institution elects to do so. However, no educational institution shall release, to any individual, agency, or organization which is not listed in subparagraphs 1.-13., directory information relating to the student body in general or a portion thereof unless it is normally published for the purpose of release to the public in general. Any educational institution making directory information public shall give public notice of the categories of information which it has designated as directory information with respect to all pupils or students attending the institution and shall allow a reasonable period of time after such notice has been given for a parent, guardian, pupil, or student to inform the institution in writing that any or all of the information designated should not be released.

(4)  NOTIFICATION.--Every parent, guardian, pupil, and student entitled to rights relating to pupil and student records and reports under the provisions of subsection (3) shall be notified annually, in writing, of such rights and that the institution has a policy of supporting the law; the types of information and data generally entered in the pupil and student records as maintained by the institution; and the procedures to be followed in order to exercise such rights. The notification shall be general in form and in a manner to be determined by the State Board of Education and may be incorporated with other printed materials distributed to pupils and students, such as being printed on the back of school assignment forms or report cards for pupils attending kindergarten or grades 1 through 12 in the public school system and being printed in college catalogs or in other program announcement bulletins for students attending postsecondary institutions.

(5)  PENALTY.--In the event that any public school official or employee, State University System official or employee, ¹area technical center official or employee, community college official or employee, or district school board official or employee refuses to comply with any of the provisions of this section, the aggrieved parent, guardian, pupil, or student shall have an immediate right to bring an action in the circuit court to enforce the violated right by injunction. Any aggrieved parent, guardian, pupil, or student who brings such an action and whose rights are vindicated may be awarded attorney's fees and court costs.

(6)  APPLICABILITY TO RECORDS OF DEFUNCT INSTITUTIONS.--The provisions of this section also apply to pupil or student records which any nonpublic educational institution that is no longer operating has deposited with the district school superintendent in the county where the nonpublic educational institution was located or with the clerk of the circuit court of that county; with the Department of Education; with the Division of Library and Information Services, records and information management program, of the Department of State; or with any other public agency.

History.--ss. 1, 4, ch. 77-60; s. 1, ch. 81-201; s. 1, ch. 84-208; s. 1, ch. 86-65; s. 6, ch. 86-145; s. 11, ch. 86-163; s. 1, ch. 88-292; s. 72, ch. 90-288; s. 25, ch. 90-302; s. 55, ch. 90-360; s. 5, ch. 93-200; s. 1208, ch. 95-147; s. 73, ch. 96-406; s. 26, ch. 99-8; s. 1, ch. 2000-299.

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

228.101  Display of flags.--Every publicly supported and controlled school, institution of higher education and other educational institution as may be provided or authorized by the Constitution and laws of Florida shall display daily the flag of the United States and the official flag of Florida when the weather permits upon one building or on a suitable flagstaff upon the grounds of each state educational institution and upon every district school building or the grounds of the same except when the institution or school is closed for vacation; provided, that for a school center at which two or more school buildings are located on the same or on adjacent sites one flag may be displayed for the entire group of buildings.

History.--s. 206, ch. 19355, 1939; CGL 1940 Supp. 892(25); s. 1, ch. 29789, 1955; s. 3, ch. 65-239; s. 1, ch. 69-300; s. 1, ch. 72-221.

Note.--Former s. 228.06.

228.111  School officers to turn over money and property to successors.--Every school officer shall turn over to his or her successor or successors in office, on retiring, all books, papers, documents, records, funds, money, and property of whatever kind which the officer may have acquired, received, and held by virtue of his or her office and shall take full receipt for them from his or her successor and shall make in correct form all reports required by the state. No school officer who receives any salary or compensation for his or her services shall be entitled to be paid or compensated for the last month served until the provisions of this section have been fully observed. Any person violating the provisions of this section shall forfeit his or her compensation for the last month served and shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 207, ch. 19355, 1939; CGL 1940 Supp. 892(26), 8115(1); s. 1, ch. 20970, 1941; s. 130, ch. 71-136; s. 2, ch. 71-164; s. 54, ch. 71-355; s. 1, ch. 72-221; s. 1209, ch. 95-147.

Note.--Former s. 228.07.

228.121  Nonresident tuition fee; tuition fee exemptions.--

(1)  Pupils in grades kindergarten through 12 whose parent, parents, or guardians are nonresidents of Florida may be charged a tuition fee of $50, payable at the time of enrollment of such pupils.

(2)  For the purposes of this section, a nonresident is defined as a person who has lived in Florida less than 1 year, has not purchased a home which is occupied by him or her as his or her residence prior to the enrollment of his or her child or children in school, and has not filed a manifestation of domicile in the county where the child is enrolled.

(3)  No tuition shall be charged pupils who are homeless children as defined in s. 228.041(35); pupils whose parent, parents, or guardian are in the federal military service or are civilian employees, the cost of whose education is provided in part or in whole by federal subsidy to state-supported schools; or pupils whose parent, parents, or guardian are migratory agricultural workers. No tuition shall be charged pupils who reside in residential care facilities operated by the Department of Children and Family Services and who receive their education under s. 230.23(4)(n).

(4)  Funds as set forth in this section shall be collected by the school in which the child is enrolled and shall be remitted to the school board for the district in which the funds are collected. The school board shall use the funds for the operation and maintenance of its schools.

History.--s. 1, ch. 72-221; s. 72, ch. 73-333; s. 2, ch. 80-240; s. 1, ch. 80-303; s. 3, ch. 89-304; s. 42, ch. 90-288; s. 1210, ch. 95-147; s. 162, ch. 97-190; s. 27, ch. 99-8.

228.151  Sources of State School Fund.--The State School Fund shall be derived from the following sources:

(1)  The proceeds of all lands that have been or may hereafter be granted to the state by the United States for public school purposes;

(2)  Donations to the state when the purpose is not specified;

(3)  Appropriations by the state;

(4)  The proceeds of escheated property or forfeitures; and

(5)  Twenty-five percent of the sales of public lands which are now or may hereafter be owned by the state.

History.--Formerly s. 4, Art. XII of the Constitution of 1885, as amended, converted to statutory law by s. 10, Art. XII of the Constitution as revised in 1968; s. 1, ch. 72-221.

228.195  School food service programs.--

(1)  DECLARATION OF PURPOSE.--In recognition of the demonstrated relationship between good nutrition and the capacity of children to develop and learn, it is declared to be the policy of the state to safeguard the health and well-being of Florida children by providing standards for school food service and by requiring school districts to establish and maintain an appropriate nonprofit school food service program consistent with the nutritional needs of children.

(2)  STATE RESPONSIBILITY.--The Commissioner of Education shall prescribe rules and standards covering all phases of the administration and operation of the school food service programs.

(3)  SCHOOL DISTRICT RESPONSIBILITY.--Each district school board shall consider the recommendations of the district superintendent and adopt policies to provide for an appropriate food and nutrition program for children consistent with regulations and standards prescribed by the commissioner.

(4)  STATE SUPPORT.--The state shall provide the state National School Lunch Act matching requirements. The funds provided shall be distributed in such a manner as to comply with the requirements for state matching under the National School Lunch Act.

(5)  SCHOOL BREAKFAST PROGRAMS.--

(a)  Each school district shall implement school breakfast programs in all elementary schools by the beginning of the 1991-1992 school year. Breakfast programs shall make breakfast available to all students in kindergarten through grade 6 in each district school, unless the elementary school goes only through grade 5, in which case the requirement shall apply only through grade 5. Breakfast programs shall be phased in over a 3-year period, beginning July 1, 1989, and ending June 30, 1992.

1.  The first phase shall be from July 1, 1989, to June 30, 1990. During the first phase, each school district shall develop a 3-year plan for implementing breakfast programs in all elementary schools.

2.  The second phase shall be from July 1, 1990, to June 30, 1991. During the second phase, each school district shall implement breakfast programs in elementary schools in which 40 percent of the student population is eligible to be served free and reduced price meals as reported for the second preceding year, to the extent specifically funded in the General Appropriations Act.

3.  The third phase shall be from July 1, 1991, to June 30, 1992. During the third phase and each year thereafter, each school district shall implement breakfast programs in all elementary schools in which students are eligible for free and reduced price lunch meals, to the extent specifically funded in the General Appropriations Act.

The Commissioner of Education may grant a 1-year extension to schools which cannot, for good cause, meet the deadlines specified in this paragraph. The commissioner may renew the extension for 1 additional year. A school district may operate a breakfast program providing for food preparation at the school site or in central locations with distribution to designated satellite schools or any combination thereof.

(b)1.  The commissioner shall make every reasonable effort to ensure that any school designated a "severe need school" receives the highest rate of reimbursement to which it is entitled pursuant to 42 U.S.C. s. 1773 for each free and reduced price breakfast served.

2.  From July 1, 1989, to June 30, 1990, the Department of Education shall award a one-time incentive grant, in the amount specified in the General Appropriations Act, to each school district for each elementary school which implements a new breakfast program between April 1, 1989, and February 28, 1990. To be eligible for an incentive grant, a school shall not have submitted a breakfast reimbursement claim within the 2 previous school years and shall have served breakfast after March 31, 1989, but prior to February 28, 1990, and thereby submitted breakfast reimbursement claims during the specified months of service, April through February. The total amount of these incentive grants shall not exceed $200,000. The Department of Education shall calculate and distribute a school district breakfast supplement for the 1990-1991 school year and each year thereafter. The breakfast supplement shall be calculated by multiplying the state breakfast rate as specified in the General Appropriations Act by the number of free and reduced price breakfast meals served.

3.  Beginning with the 1990-1991 fiscal year, the Legislature shall provide sufficient funds in the General Appropriations Act to reimburse participating school districts for the difference between the average federal reimbursement for free and reduced price breakfasts and the average statewide cost for breakfasts.

History.--ss. 1, 2, 3, 4, ch. 72-316; s. 1, ch. 79-354; s. 1, ch. 89-221; s. 2, ch. 90-172; s. 44, ch. 90-288; s. 80, ch. 97-190.

228.2001  Discrimination against students and employees in state system of public education; prohibitions; equality of access; strategies to overcome underrepresentation; remedies.--

(1)  This section may be cited as the "Florida Educational Equity Act."

(2)(a)  Discrimination on the basis of race, national origin, sex, handicap, or marital status against a student or an employee in the state system of public education is prohibited. No person in this state shall, on the basis of race, national origin, sex, handicap, or marital status, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity, or in any employment conditions or practices, conducted by a public educational institution which receives or benefits from federal or state financial assistance.

(b)  The criteria for admission to a program or course shall not have the effect of restricting access by persons of a particular race, national origin, sex, handicap, or marital status.

(c)  All public education classes shall be available to all students without regard to race, national origin, sex, handicap, or marital status; however, this is not intended to eliminate the provision of programs designed to meet the needs of students with limited proficiency in English or exceptional education students.

(d)  Students may be separated by sex for any portion of a class which deals with human reproduction or during participation in bodily contact sports. For the purpose of this section, bodily contact sports include wrestling, boxing, rugby, ice hockey, football, basketball, and other sports in which the purpose or major activity involves bodily contact.

(e)  Guidance services, counseling services, and financial assistance services in the state system of public education shall be available to students equally. Guidance and counseling services, materials, and promotional events shall stress access to academic, career, and vocational opportunities for students without regard to race, national origin, sex, handicap, or marital status.

(3)(a)  No person shall, on the basis of sex, be excluded from participating in, be denied the benefits of, or be treated differently from another person or otherwise be discriminated against in any interscholastic, intercollegiate, club, or intramural athletics offered by an educational institution; and no educational institution shall provide athletics separately on such basis.

(b)  Notwithstanding the requirements of paragraph (a), an educational institution may operate or sponsor separate teams for members of each sex if the selection for such teams is based upon competitive skill or the activity involved is a bodily contact sport. However, when an educational institution operates or sponsors a team in a particular sport for members of one sex but does not operate or sponsor such a team for members of the other sex, and athletic opportunities for that sex have previously been limited, members of the excluded sex must be allowed to try out for the team offered unless the sport involved is a bodily contact sport.

(c)  This subsection does not prohibit the grouping of students in physical education classes and activities by ability as assessed by objective standards of individual performance developed and applied without regard to sex. However, when use of a single standard of measuring skill or progress in a physical education class has an adverse effect on members of one sex, the educational institution shall use appropriate standards which do not have such effect.

(d)  An educational institution which operates or sponsors interscholastic, intercollegiate, club, or intramural athletics shall provide equal athletic opportunity for members of both sexes. In determining whether equal opportunities are available, the Commissioner of Education shall consider, among other factors:

1.  Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes.

2.  The provision of equipment and supplies.

3.  Scheduling of games and practice times.

4.  Travel and per diem allowances.

5.  Opportunities to receive coaching and academic tutoring.

6.  Assignment and compensation of coaches and tutors.

7.  Provision of locker room, practice, and competitive facilities.

8.  Provision of medical and training facilities and services.

9.  Provision of housing and dining facilities and services.

10.  Publicity.

Unequal aggregate expenditures for members of each sex or unequal expenditures for male and female teams if an educational institution operates or sponsors separate teams do not constitute nonimplementation of this subsection, but the Commissioner of Education shall consider the failure to provide necessary funds for teams for one sex in assessing equality of opportunity for members of each sex.

(e)  An educational institution may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities shall be comparable to such facilities provided for students of the other sex.

(4)  Educational institutions within the state system of public education shall develop and implement methods and strategies to increase the participation of students of a particular race, national origin, sex, handicap, or marital status in programs and courses in which students of that particular race, national origin, sex, handicap, or marital status have been traditionally underrepresented, including, but not limited to, mathematics, science, computer technology, electronics, communications technology, engineering, and ¹career education.

(5)  The State Board of Education shall adopt rules to implement this section.

(6)  The functions of the Office of Equal Educational Opportunity of the Department of Education shall include, but not be limited to:

(a)  Requiring all boards to develop and submit plans for the implementation of this section to the Department of Education.

(b)  Conducting periodic reviews of educational agencies to determine compliance with this section and, after a finding that an educational agency is not in compliance with this section, notifying the agency of the steps that it must take to attain compliance.

(c)  Providing technical assistance, including assisting educational agencies in identifying unlawful discrimination and instructing them in remedies for correction and prevention of such discrimination.

(d)  Conducting studies of the effectiveness of methods and strategies designed to increase the participation of students in programs and courses in which students of a particular race, national origin, sex, handicap, or marital status have been traditionally underrepresented and monitoring the success of students in such programs of courses.

(e)  Requiring all boards to submit data and information necessary to determine compliance with this section. The Commissioner of Education shall prescribe the format and the date for submission of such data and any other educational equity data. If any district does not submit the required compliance data or other required educational equity data by the prescribed date, the commissioner shall notify the district school board of this fact and, if the appropriate action is not taken to immediately submit the required report, the school board shall be directed to proceed pursuant to the provisions of s. 230.23(11)(b). If any community college or university does not submit required data and information by the prescribed date, the same policy as prescribed for school districts shall be implemented.

(f)  Coordinating the work of a Task Force on Gender Equity in Education. The task force shall consist of 11 members. The Commissioner of Education shall appoint three members: two shall be athletic directors at public high schools and one may be a member at large. The Chancellor of the State University System shall appoint two members who are athletic directors at state universities that offer scholarships for athletes in all major sports. The Executive Director of the Community College System shall appoint two members who are athletic directors at community colleges. The President of the Senate shall appoint two members and the Speaker of the House of Representatives shall appoint two members. The Commissioner of Education, the Chancellor of the State University System, the Executive Director of the Community College System, the President of the Senate, and the Speaker of the House of Representatives shall coordinate their appointments to ensure that the task force represents, to the maximum extent possible, the gender, racial, and ethnic diversity of the state. By July 1, 1994, the task force shall define equity in athletics at all levels of public education and shall recommend to the Commissioner of Education rules for appropriate enforcement mechanisms to ensure equity. The recommendations must include:

1.  A determination of an equitable rate of participation of males and females in athletics at public educational agencies and institutions.

2.  A determination of the appropriate consideration of revenues when making decisions about equitable use of funds for support of athletic activities. In making this determination, the task force shall consider all funds received and expended for athletic promotion or support, including revenues from direct-support organizations established under s. 237.40, s. 240.299, or s. 240.363.

(g)  Based upon recommendations of the task force created in paragraph (f) and rules of the State Board of Education, developing and implementing enforcement mechanisms with appropriate penalties to ensure that public schools and community colleges comply with Title IX of the Education Amendments of 1972 and subsection (3) of this section. However, the Department of Education may not force an educational agency to conduct, nor penalize an educational agency for not conducting, a program of athletic activity or athletic scholarship for female athletes unless it is an athletic activity approved for women by a recognized association whose purpose is to promote athletics and a conference or league exists to promote interscholastic or intercollegiate competition for women in that athletic activity.

(h)  Beginning July 1, 1994, reporting to the Commissioner of Education any public community college or school district found to be out of compliance with rules of the State Board of Education adopted as required by paragraph (g) or paragraph (3)(d). To penalize the community college or school district, the commissioner shall:

1.  Declare the educational agency ineligible for competitive state grants.

2.  Notwithstanding the provisions of s. 216.192, direct the Comptroller to withhold general revenue funds sufficient to obtain compliance from the educational agency.

The educational agency shall remain ineligible and the funds shall not be paid until the agency comes into compliance or the commissioner approves a plan for compliance.

(7)  The Board of Regents shall comply with all of the requirements and duties as provided in subsection (6), except that the Commissioner of Education may delegate to the Chancellor of the State University System any duties required of the commissioner with regard to this section.

(8)  A person aggrieved by a violation of this section or a violation of a rule adopted under this section has a right of action for such equitable relief as the court may determine. The court may also award reasonable attorney's fees and court costs to a prevailing party.

History.--s. 2, ch. 84-305; s. 56, ch. 91-45; s. 2, ch. 93-202.

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

228.301  Test security.--

(1)  It is unlawful for anyone knowingly and willfully to violate test security rules adopted by the State Board of Education or the Commissioner of Education for mandatory tests administered by or through the State Board of Education or the Commissioner of Education to students, educators, or applicants for certification or administered by school districts pursuant to s. 229.57, or, with respect to any such test, knowingly and willfully to:

(a)  Give examinees access to test questions prior to testing;

(b)  Copy, reproduce, or use in any manner inconsistent with test security rules all or any portion of any secure test booklet;

(c)  Coach examinees during testing or alter or interfere with examinees' responses in any way;

(d)  Make answer keys available to examinees;

(e)  Fail to follow security rules for distribution and return of secure test as directed, or fail to account for all secure test materials before, during, and after testing;

(f)  Fail to follow test administration directions specified in the test administration manuals; or

(g)  Participate in, direct, aid, counsel, assist in, or encourage any of the acts prohibited in this section.

(2)  Any person who violates this section is guilty of a misdemeanor of the first degree, punishable by a fine of not more than $1,000 or imprisonment for not more than 90 days, or both.

(3)  A district superintendent of schools, a president of a community college, a president of a university, or a president of a private postsecondary institution shall cooperate with the Commissioner of Education in any investigation concerning the administration of a test administered pursuant to state statute or rule.

History.--s. 17, ch. 86-156; s. 1, ch. 90-99; s. 81, ch. 97-190; s. 29, ch. 99-398.

228.401  Temporary assignment of professional staff among public education agencies.--To facilitate economical and effective use of professional staff, school districts, community college districts, state universities, and the Department of Education may enter into written agreements assigning employees among themselves. The purpose of the temporary assignment shall be to bring staff together within the state system of education, notwithstanding their current places of assignment or agencies of employment, who possess specific or unique knowledge or experience especially suited to solving specific problems, developing new programs, or providing technical assistance on specific tasks or programs.

(1)  A person may be temporarily assigned for whatever period of time is required for a specific task; however, no assignment may be for a period of more than 2 years.

(2)  A person on temporary assignment shall be considered on temporary assignment duty to regular work assignments of the sending agency; shall be entitled to all benefits to which the person would otherwise be entitled, including compensation for injury or disability; shall receive the same salary and benefits as at the person's regular assignment; and shall remain an employee of the permanent employer for all purposes, except that the person shall be supervised by the agency to which assigned. Payment of such salary and benefits may be made by either agency as provided in the assignment agreement.

(3)  Travel and per diem expenses incurred while a person is on temporary assignment shall be paid by the agency to which the person is assigned. Round-trip travel and moving expenses from the person's permanent location to the temporary assignment may be paid by either agency, as provided in the assignment agreement, for any assignment in excess of 3 months. Notwithstanding s. 112.061 to the contrary, a person may be paid per diem expenses for any temporary assignment of 3 months or less.

History.--s. 27, ch. 86-156; s. 57, ch. 91-45.

228.501  Learning Development and Evaluation Center.--

(1)  For the purpose of providing academic support for learning disabled students, the verbal communications laboratory at Florida Agricultural and Mechanical University is established as the Learning Development and Evaluation Center. The university shall provide housing, equipment, and utilities for the center.

(2)  The primary objective of the center shall be to provide learning disabled students with accessibility to learning by providing a program for building student self-acceptance, self-esteem, and faculty acceptance. The program shall also provide for diagnosing and clarifying the nature of the disability and for identifying strategies that can be used to enhance learning. Services shall include:

(a)  Problem identification;

(b)  Diagnostic evaluation, including neurological, psychological, speech, and hearing diagnoses;

(c)  Training, including tutoring and study;

(d)  Academic, psychological, social, and vocational counseling;

(e)  Followup;

(f)  Maintenance of academic course requirements with provision for support services to identified students; and

(g)  Modifications of methods of reaching course requirements which do not detract from the course purpose.

(3)  Participants in the program shall be students with specific learning disabilities who meet eligibility criteria as defined by Rule 6A-6.03018.

(4)  An outreach component shall be established which shall include:

(a)  Notifying secondary schools, community colleges, ¹career education centers, and community agencies of the program;

(b)  Working with community colleges, ¹career education centers, and community agencies to identify students who may benefit from the program;

(c)  Providing secondary schools, community colleges, ¹career education centers, and community agencies with a description of methods used by the program for identification of students who have learning disabilities;

(d)  Providing secondary schools, community colleges, ¹career education centers, and community agencies with a description of program services and the support services available;

(e)  Providing on-campus and off-campus activities for students, administrators, faculty, and staff to enhance learning of the disabled secondary students;

(f)  Providing training for school district personnel to enable them to develop a better understanding of the needs of learning disabled students;

(g)  Designing, developing, and implementing, in cooperation with Florida Agricultural and Mechanical University, public school districts, community colleges, and ¹career education centers within the Department of Education, model programs for the learning disabled student;

(h)  Providing assistance to community colleges and state universities in designing, developing, and evaluating model programs for learning disabled students;

(i)  Establishing a procedure for the annual review and update of model programs developed for the learning disabled; and

(j)  Providing precollegiate residential experiences.

(5)  On or before November 1, 1987, and annually thereafter, the president of the university shall submit to the Board of Regents and the Legislature a report on program effectiveness, which report shall include:

(a)  The number of students participating in the program;

(b)  An ongoing analysis of overall student performance as a result of participation in the program;

(c)  A description of the methods used in identifying students with learning disabilities;

(d)  A description of methods and materials prescribed to meet the specific learning needs of each participant;

(e)  The number and types of disabilities of students in the program;

(f)  How the program accomplished its objectives;

(g)  Procedures used to counsel and advise students that would build self-acceptance and enhance learning;

(h)  Procedures for promoting faculty acceptance of the program and its participants;

(i)  A detailed description of each program objective and the results;

(j)  Projections of future participation by learning disabled students based on enrollment, queries, and program results; and

(k)  The number of postsecondary and secondary students participating in the program and the type of service provided.

(6)  Funding of this program shall be provided for in the General Appropriations Act.

History.--s. 3, ch. 86-225; s. 43, ch. 95-280.

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

228.503  Dropout reentry and mentor project.--

(1)  There is created a dropout reentry and mentor project to be coordinated on a pilot basis by the Florida Agricultural and Mechanical University National Alumni Association. The project will be implemented in Tallahassee, Jacksonville, Daytona Beach, and Miami.

(2)  The project shall identify 15 black students in each location who have dropped out of high school but were not encountering academic difficulty when they left school. Students chosen to participate may not have a high school diploma, be enrolled in an adult general education program which includes a GED program, an adult high school, or be enrolled in a vocational-technical school. Students may be employed but must be able to adjust their work schedules to accommodate classes and project sessions. Priority must be given to students who have dropped out of school within the last 3 years.

(3)  In identifying participants, the following factors must be considered:

(a)  The student's performance in school before dropping out;

(b)  The student's performance on aptitude and achievement tests;

(c)  The student's desire to reenter school.

(4)  In each of the four locations, the project shall identify 15 high-achieving minority students to serve as one-on-one mentors to the students who are being reentered in school. An alumnus of Bethune-Cookman College, Florida Memorial College, Edward Waters College, or Florida Agricultural and Mechanical University shall be assigned to each pair of students. Student mentors and alumni must serve as role models and resource people for the students who are being reentered in school.

(5)  Selected project participants shall be evaluated and enrolled in a GED program, regular high school, vocational school, or alternative school. In conjunction with school guidance personnel, project staff shall design a supplemental program to reinforce basic skills, provide additional counseling, and offer tutorial assistance. Weekly, project staff shall monitor students' attendance, performance, homework, and attitude toward school.

(6)  The project shall use tests to identify students' interests and academic weaknesses. Based on the test results, an individualized study program shall be developed for each reentry student.

(7)  The 15 alumni at each location must meet with their assigned reentry students and high achievers, together, at least once per week. All reentry students must meet as a group at least once per week for structured, organized activities which include instruction in test-taking skills, positive attitude, coping, study habits, budgeting time, setting goals, career choices, homework assistance, and conflict resolution.

(8)  Followup interviews with both the reentry students and high achievers must be conducted after 1 year to determine the project's impact.

History.--s. 11, ch. 90-365.

228.505  Charter technical career centers.--

(1)  AUTHORIZATION.--The Legislature finds that the establishment of charter technical career centers can assist in promoting advances and innovations in workforce preparation and economic development. A charter technical career center may provide a learning environment that better serves the needs of a specific population group or a group of occupations, thus promoting diversity and choices within the public education and public postsecondary technical education community in this state. Therefore, the creation of such centers is authorized as part of the state's program of public education. A charter technical career center may be formed by creating a new school or converting an existing school district or community college program to charter technical status.

(2)  PURPOSE.--The purpose of a charter technical career center is to:

(a)  Develop a competitive workforce to support local business and industry and economic development.

(b)  Create a training and education model that is reflective of marketplace realities.

(c)  Offer a continuum of career educational opportunities using a school-to-work, tech-prep, technical, academy, and magnet school model.

(d)  Provide career pathways for lifelong learning and career mobility.

(e)  Enhance career and technical training.

(3)  DEFINITIONS.--As used in this act, the term:

(a)  "Charter technical career center" or "center" means a public school or a public technical center operated under a charter granted by the local school board or community college district board of trustees or a consortium, including one or more school boards and community college district boards of trustees that includes the district in which the facility is located, which is nonsectarian in its programs, admission policies, employment practices, and operations and is managed by a board of directors.

(b)  "Sponsor" means a district school board, a community college district board of trustees, or a consortium of one or more of each.

(4)  CHARTER.--A sponsor may designate centers as provided in this section. An application to establish a center may be submitted by a sponsor or another organization that is determined, by rule of the State Board of Education, to be appropriate. However, an independent school is not eligible for status as a center. The charter must be signed by the governing body of the center and the sponsor, and must be approved by the district school board and community college board of trustees in whose geographic region the facility is located. If a charter technical career center is established by the conversion to charter status of a public technical center formerly governed by a district school board, the charter status of that center takes precedence in any question of governance. The governance of the center or of any program within the center remains with its board of directors unless the board agrees to a change in governance or its charter is revoked as provided in subsection (15). Such a conversion charter technical career center is not affected by a change in the governance of public technical centers or of programs within other centers that are or have been governed by district school boards. A charter technical career center, or any program within such a center, that was governed by a school board and transferred to a community college prior to the effective date of this act is not affected by this provision. An applicant who wishes to establish a center must submit to the local school board or community college district board of trustees, or a consortium of one or more of each, an application that includes:

(a)  The name of the proposed center.

(b)  The proposed structure of the center, including a list of proposed members of the board of directors or a description of the qualifications for and method of their appointment or election.

(c)  The workforce development goals of the center, the curriculum to be offered, and the outcomes and the methods of assessing the extent to which the outcomes are met.

(d)  The admissions policy and criteria for evaluating the admission of students.

(e)  A description of the staff responsibilities and the proposed qualifications of the teaching staff.

(f)  A description of the procedures to be implemented to ensure significant involvement of representatives of business and industry in the operation of the center.

(g)  A method for determining whether a student has satisfied the requirements for graduation specified in s. 232.246 and for completion of a postsecondary certificate or degree.

(h)  A method for granting secondary and postsecondary diplomas, certificates, and degrees.

(i)  A description of and address for the physical facility in which the center will be located.

(j)  A method of resolving conflicts between the governing body of the center and the sponsor and between consortium members, if applicable.

(k)  A method for reporting student data as required by law and rule.

(l)  Other information required by the local school board or community college district board of trustees.

Students at a center must meet the same testing and academic performance standards as those established by law and rule for students at public schools and public technical centers. The students must also meet any additional assessment indicators that are included within the charter approved by the district school board or community college district board of trustees.

(5)  APPLICATION.--An application to establish a center must be submitted by February 1 of the year preceding the school year in which the center will begin operation. The sponsor must review the application and make a final decision on whether to approve the application and grant the charter by March 1, and may condition the granting of a charter on the center's taking certain actions or maintaining certain conditions. Such actions and conditions must be provided to the applicant in writing. The local school board or community college district board of trustees is not required to issue a charter to any person.

(6)  SPONSOR.--A district school board or community college district board of trustees or a consortium of one or more of each may sponsor a center in the county in which the board has jurisdiction.

(a)  A sponsor must review all applications for centers received through at least February 1 of each calendar year for centers to be opened at the beginning of the sponsor's next school year. A sponsor may receive applications later than this date if it so chooses. To facilitate an accurate budget projection process, a sponsor shall be held harmless for FTE students that are not included in the FTE projection due to approval of applications after the FTE projection deadline. A sponsor must, by a majority vote, approve or deny an application no later than 60 days after the application is received. If an application is denied, the sponsor must, within 10 days, notify the applicant in writing of the specific reasons for denial, which must be based upon good cause. Upon approval of a charter application, the initial startup must be consistent with the beginning of the public school or community college calendar for the district in which the charter is granted, unless the sponsor allows a waiver of this provision for good cause.

(b)  An applicant may appeal any denial of its application to the State Board of Education within 30 days after the sponsor's denial and shall notify the sponsor of its appeal. Any response of the sponsor must be submitted to the state board within 30 days after notification of the appeal. The state board must, by majority vote, accept or reject the decision of the sponsor no later than 60 days after an appeal is filed, pursuant to state board rule. The state board may reject an appeal for failure to comply with procedural rules governing the appeals process, and the rejection must describe the submission errors. The appellant may have up to 15 days after notice of rejection to resubmit an appeal. An application for appeal submitted after a rejection is timely if the original appeal was filed within 30 days after the sponsor's denial. The state board shall remand the application to the sponsor with a written recommendation that the sponsor approve or deny the application, consistent with the state board's decision. The decision of the state board is not subject to the provisions of chapter 120.

(c)  The sponsor must act upon the recommendation of the State Board of Education within 30 days after it is received, unless the sponsor determines by competent substantial evidence that approving the state board's recommendation would be contrary to law or the best interests of the students or the community. The sponsor must notify the applicant in writing concerning the specific reasons for its failure to follow the state board's recommendation. The sponsor's action on the state board's recommendation is a final action, subject to judicial review.

(d)  The Department of Education may provide technical assistance to an applicant upon written request.

(e)  The terms and conditions for the operation of a center must be agreed to by the sponsor and the applicant in a written contract. The sponsor may not impose unreasonable requirements that violate the intent of giving centers greater flexibility to meet educational goals. The applicant and sponsor must reach an agreement on the provisions of the contract or the application is deemed denied.

(f)  The sponsor shall monitor and review the center's progress towards charter goals and shall monitor the center's revenues and expenditures.

(7)  LEGAL ENTITY.--A center must organize as a nonprofit organization and adopt a name and corporate seal. A center is a body corporate and politic, with all powers to implement its charter program. The center may:

(a)  Be a private or a public employer.

(b)  Sue and be sued, but only to the same extent and upon the same conditions that a public entity can be sued.

(c)  Acquire real property by purchase, lease, lease with an option to purchase, or gift, to use as a center facility.

(d)  Receive and disburse funds.

(e)  Enter into contracts or leases for services, equipment, or supplies.

(f)  Incur temporary debts in anticipation of the receipt of funds.

(g)  Solicit and accept gifts or grants for career center purposes.

(h)  Take any other action that is not inconsistent with this section and rules adopted under this section.

(8)  ELIGIBLE STUDENTS.--A center must be open to all students as space is available and may not discriminate in admissions policies or practices on the basis of an individual's physical disability or proficiency in English or on any other basis that would be unlawful if practiced by a public school or a community college. A center may establish reasonable criteria by which to evaluate prospective students, which criteria must be outlined in the charter.

(9)  FACILITIES.--A center may be located in any suitable location, including part of an existing public school or community college building, space provided on a public worksite, or a public building. A center's facilities must comply with the State Uniform Building Code for Public Educational Facilities Construction adopted pursuant to s. 235.26, or with applicable state minimum building codes pursuant to chapter 553, and state minimum fire protection codes pursuant to s. 633.025, adopted by the authority in whose jurisdiction the facility is located. If K-12 public school funds are used for construction, the facility must remain on the local school district's Florida Inventory of School Houses (FISH) school building inventory of the local school board and must revert to the local school board if the consortium dissolves and the program is discontinued. If community college public school funds are used for construction, the facility must remain on the local community college's facilities inventory and must revert to the local community college district board if the consortium dissolves and the program is discontinued. The additional student capacity created by the addition of the center to the local school district's FISH may not be calculated in the permanent student capacity for the purpose of determining need or eligibility for state capital outlay funds while the facility is used as a center. If the construction of the center is funded jointly by K-12 public school funds and community college funds, the sponsoring entities must agree, before granting the charter, on the appropriate owner and terms of transfer of the facility if the charter is dissolved.

(10)  EXEMPTION FROM STATUTES.--

(a)  A center must operate pursuant to its charter and is exempt from all statutes of the Florida School Code except provisions pertaining to civil rights and to student health, safety, and welfare, or as otherwise required by law.

(b)  A center must comply with the Florida School Code with respect to providing services to students with disabilities.

(c)  A center must comply with the antidiscrimination provisions of s. 228.2001.

(11)  FUNDING.--

(a)  Each school board and community college that sponsors a charter technical career center shall pay directly to the center an amount stated in the charter. State funding shall be generated for the center for its student enrollment and program outcomes as provided in law. A center is eligible for funding from the Florida Workforce Development Education Fund, the Florida Education Finance Program, and the Community College Program Fund, depending upon the programs conducted by the center.

(b)  A center may receive other state and federal aid, grants, and revenue through the local school board or community college district board of trustees.

(c)  A center may receive gifts and grants from private sources.

(d)  A center may not levy taxes or issue bonds, but it may charge a student tuition fee consistent with authority granted in its charter and permitted by law.

(e)  A center is subject to an annual financial audit in a manner similar to that of a school district or community college.

(f)  A center must provide instruction for at least the number of days required by law for other public schools or community colleges, as appropriate, and may provide instruction for additional days.

(g)  The sponsor, at the center's request, may apply to the Commissioner of Education for a waiver of any requirements that inhibit maximizing the use of public education funds.

(12)  EMPLOYEES OF A CENTER.--

(a)  A center may select its own employees.

(b)  A center may contract for services with an individual, partnership, or a cooperative. Such persons contracted with are not public employees.

(c)  If a center contracts with a public educational agency for services, the terms of employment must follow existing state law and rule and local policies and procedures.

(d)  The employees of a center may bargain collectively, as a separate unit or as part of the existing district collective bargaining unit, as determined by the structure of the center.

(e)  As a public employer, a center may participate in:

1.  The Florida Retirement System upon application and approval as a "covered group" under s. 121.021(34). If a center participates in the Florida Retirement System, its employees are compulsory members of the Florida Retirement System.

2.  The State Community College System Optional Retirement Program pursuant to s. 240.3195(2), if the charter is granted by a community college that participates in the optional retirement program and meets the eligibility criteria of s. 121.051(2)(c).

(f)  Teachers who are considered qualified by the career center are exempt from state certification requirements.

(g)  A public school or community college teacher or administrator may take a leave of absence to accept employment in a charter technical career center upon the approval of the school district or community college.

(h)  An employee who is on a leave of absence under this section may retain seniority accrued in that school district or community college and may continue to be covered by the benefit programs of that district or community college if the center and the district school board or community college board of trustees agree to this arrangement and its financing.

(13)  BOARD OF DIRECTORS AUTHORITY.--The board of directors of a center may decide matters relating to the operation of the school, including budgeting, curriculum, and operating procedures, subject to the center's charter.

(14)  ACCOUNTABILITY.--Each center must submit a report to the participating school board or district community college board of trustees by August 1 of each year. The report must be in such form as the sponsor prescribes and must include:

(a)  A discussion of progress made toward the achievement of the goals outlined in the center's charter; and

(b)  A financial statement setting forth by appropriate categories the revenue and expenditures for the previous school year.

(15)  TERMS OF THE CHARTER.--The term of an initial charter may not exceed 5 years. Thereafter, the sponsor may renew a charter for a period up to 5 years. The sponsor may refuse to renew a charter or may revoke a charter if the center has not fulfilled a condition imposed under the charter or if the center has violated any provision of the charter. The sponsor may place the center on probationary status to allow the implementation of a remedial plan, after which, if the plan is unsuccessful, the charter may be summarily revoked. The sponsor shall develop procedures and guidelines for the revocation and renewal of a center's charter. The sponsor must give written notice of its intent not to renew the charter at least 12 months before the charter expires. If the sponsor revokes a charter before the scheduled expiration date, the sponsor must provide written notice to the governing board of the center at least 60 days before the date of termination, stating the grounds for the proposed revocation. The governing board of the center may request in writing an informal hearing before the sponsor within 14 days after receiving the notice of revocation. A revocation takes effect at the conclusion of a school year, unless the sponsor determines that earlier revocation is necessary to protect the health, safety, and welfare of students. The sponsor shall monitor and review the center in its progress towards the goals established in the charter and shall monitor the revenues and expenditures of the center.

(16)  TRANSPORTATION.--The center may provide transportation, pursuant to chapter 234, through a contract with the district school board or the community college district board of trustees, a private provider, or parents of students. The center must ensure that transportation is not a barrier to equal access for all students in grades K-12 residing within a reasonable distance of the facility.

(17)  IMMUNITY.--For the purposes of tort liability, the governing body and employees of a center are governed by s. 768.28.

(18)  RULES.--The State Board of Education shall adopt rules, pursuant to chapter 120, relating to the implementation of charter technical career centers.

(19)  EVALUATION; REPORT.--The Commissioner of Education shall provide for an annual comparative evaluation of charter technical career centers and public technical centers. The evaluation may be conducted in cooperation with the sponsor, through private contracts, or by department staff. At a minimum, the comparative evaluation must address the demographic and socioeconomic characteristics of the students served, the types and costs of services provided, and the outcomes achieved. By December 30 of each year, the Commissioner of Education shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Senate and House committees that have responsibility for secondary and postsecondary career education a report of the comparative evaluation completed for the previous school year.

History.--s. 1, ch. 98-302; s. 8, ch. 2000-306.